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Las diagrammes suivants illustrent la mdthode. 1 2 3 32X 1 2 3 1 8 6 V / 25th Cong 2(1 Sess^ i I * BOUND.^ t f THE r The infon > ' f ) / • fives of United ' ^ ' ' To the He I herew \ the Secret ' » ( in answer ' r r ' Washi> The Se , the, Hous( i President " ' ' , • . with the p » ^ of the eon of Ghent, .1 and the pc Neebish i ■* " ' . ' '" > • northwest) '. ' '' ■ nicate to t ■ . . " '^ ' '^ ' . nients inaj ... , ; missioners on the san of the sep * i ' ' ^ Governme ' *'•■/'■- ' ', '^ and the gr V ' <■ "^ I being all t / To the 25th Congress, 2(1 Session. [ Doc. No. 451. ] Ho. OF Reps. Executive. BOLNDx\RY BETWEEN THE UNITED STATES AND GREAT BRITAIN. MESS AG K FROM THE PRESIDENT OF THK UNITED STATES, THANSMITTINB The information required hy a resolution of the House of Representa- tives of the 2Sth May last, in relation to the Boundary between the United States and Great Britain. July 3, 1838. Read, and laid upon tlic tabic. To the House of Representatives of the United States : I herewith transmit to the House of Representatives a report from the Secretary ol State, toj^etlier wiih the documents therein referred to, in answer to their resohition of 28th May last. M. VAN BUREN. Washington, July 2, 1838. Def.^rtment of State, Washington, July 2, 1838. The Secretary of State, to whom has been referred the resolution of the, House of Representatives of the 28lh of May last, recjuesting the President of the United States, " if in his judgment not incompatible with the [)ubhc interest, to communicate to that House the proceedings of the commissioners appointed under the seventh article of the treaty of Ghent, to fix and determine the boundary between the United States and the possessions of Great Britain in North America, from the foot of Neebish rapids, as fixed under the sixth article of said treaty, to the northwesternmost point of the Lake of the Woods ; and also to commu- nicate to the House the corres|)ondence, if any, which the two Govern- ments may have had in relation to the disagreeing reports of said com- missioners ; and any other information in possession of the Executive on the same subject," has the honor to lay before the President copies of the separate reports of the two commissioners referred to, to both Governments, .stating, in detail, the points on which they have differed, and the grounds upon which their respective opinions have been formed; being all the information on the subject on the files of the Department. Respectfully submitted. JOHN FORSYTH. To the President of the United States. \\\ [ Doc. No. 451. ] Separate report of the American Commissioner under the seventh article of the treaty of Ghent ^ December 24, 1827. CONTENTS. Separate report of the American commissioner upon the points in controversy ; more especially a description of the boundaiy line to be determined - - . . . „ . The points in difference ...... Consideration of a middle and equidistant line ... Rules of decision adopted under 6th article . - . Consideration of the right to isle St. George ... Difference of opinion as to isles Philipeaux ... Descrip*'.on of the routes in controversy beyond lake Superior Objections to the St. Louis river route, and corroboration of the Kamanistiquia route ...--. Proposed compromise explained ..... Conclusion ....... Documents annexed. Page. 3 4 4 9 10 20 20 21 23 24 - 24 31 Extract from the argument of the agent of the United States in sup- port of the claim to the Kamanistiquia river route and its Long lake ....... Copies of two maps, showing the position of the isles Philipeaux, referred to in agent's argument .... Copies of nine maps showing the Long lake to be situate on the Kamanistiquia river route ..... Mr. Ferguson's calculation of the contents of the islands in the river St. Mary's -....-. Affidavit of J. Ferguson relative to the channels in the river St. Mary's, and of David Thompson to the same . . - W. Bird's sketch of isle St. George, with his calculation and cer- tificate - - - - - - - - 33 Letter of William McGillivray relative to the boundary line be- yond lake Superior - - - - - - 34 Another letter from same - • - - • - 36 31 31 32 I The Britanni treaty o line bet North A situated the said of 1783- embrace disagree commun commiss pliance of such encc bel which h That articles t undersig which (i( their pro "Thei latitude, merly ca into lake municati( middle o lake, unt lake llui the lake communi Superior thence, t tion hetv thence, t By the boundar) of north cation b( missionei conformi which ol rivers, la ly, belon are dire( same dut that part special ol [ Doc. No. 451. ] 3 REPORT OF THE AMERICAN COMMISSIONER. Black Kock, State of New York, December 12, 1827. The joint commissioners of the United States of America, and of his Britannic Majesty, appointed under the sixth and seventh articles of the treaty of Ghent to ascertain and fix a certain portion of the boundary line between the dominions of the two contracting parlies lying in North America, and to decide upon the property of the several islands situated in the lakes, rivers, and water communications, through which the said boundary passes, in conformity with the true intent of the treaty of 1783 — having differed in regard to certain portions of the boundary embraced by the 7th article of the said treaty of Ghent ; and having also disagreed as to the a[)prt)priation of a certain island lying in the water communication between lakes Huron and Superior, the undersigned commissioner on the |)aitof the United States now proceeds, in com- pliance with one of the requisitions of the last-mentioned treaty, in case of such disagreement, to detail, in a separate report, the points in differ- ence between him and his colleague, and the grounds of the opinions which he entertains in regard to the subject-matter of such difference. That portion of boundary and territory which by the 6th and 7th articles of the treaty of Ghent was submitted to the adjudication of the undersigned and his colleague, is described in the treaty of 1783, (and which description is, by the treaty of Ghent, made the guide and rule of their proceedings,) in the following words: "Thence, (referring to the point where the 45th parallel of north latitude, in its progress westward, first sttiUes the river St. Lawrence, for- merly called the Iroquois or Cataraguy,) along the middle of said river, into lake Ontario ; through the middle of said lake, until it strikes the com- munication by water between that lake and lake Erie ; thence, along the middle of said communication into lake Erie ; through the middle of said lake, until it arrives at the water communication between that lake and lake Huron ; thence, along the middle of said water communication, into the lake Huron ; thence, through the middle of said lake, to the water communication between that lake and lake Superior ; thence, through lake Superior, northward of the isles Royale and Philipeaux, to the Long lake ; thence, through the middle of said Long lake, and the water communica- tion between it and the Lake of the Woods, to the Lake of the Woods ; thence, through the said lake, to the most northwestern point thereof." \^y the 6th article of the treaty of Ghent, all that part of the above boundary which extends from St. Regis, (the point where the 45th parallel of north latitude first strikes the St. Lawrence,) to the water communi- cation between lakes Huron and Superior, was submitted to two com- missionerc, who were directed to ascertain and fix the said boundary in conformity with the true intent of the treaty of 1783, and to decide to which of the, contracting parties the several islands lying within the rivers, lakes, and water communications, along said boundary, respective- ly, belong ; which service being accomplished, the same commissioners are directed, by the 7th article of said treaty of Ghent, to perform the same duties in relation to the remaining part of said boundary. Although that part of the above line, the establishment of which is made the special object of the 6th article of the treaty of Ghent, has already been nf \i y- m V 4 L i>oc. No. 451. 1 amicably and definitively settled by tbe award of the two commissioners, the undersigned has ncveitheless thought proper to allude to it, at: he will hereafter have frequent occasion to do in this report, because, in the course of their proceedings under that article, principles were establish- ed, decisions made, and lads established, which will be important to the elucidation of the points now in diH'erence. Under a mutual conviction that such reference would be proper, as well as convenient, a resolution was adopted by the two commissioners, which appears on their journal, under date of October 27th, 1827, by which it is declared, " that each party, in making his separate report, shall be at liberty to avail himself, either for fact or argument, of the decisions, journals, and documents made, kept, and filed under the 6th article of the treaty." No inconve- nience will result from this course to the umpire to whom the sub- ject may be referred, as the journals kept under the 6th and 7th articles are contained in tbe same book ; and various documents on file, relating to the two commissions, accompany, and are in some measure blended with, each other. The two points in difference between the commissioners are — 1st. As to the course which the boundary line should pursue in passing the island called " St. George's," or '• Sugar island," situated in the water communication between lakes Huron and Superior, and involving also the property of said island : the American commissioner being of opinion that the boundary should be drawn along the channel which divides the island from the British or eastern shore, and thus place it within the territories of the United States ; and the British commissioner contend- ing, on the other hand, that the line should pass through the American or western channel, and the island be appropriated to his Britannic Majesty. 2d. The second point of difference regards the course of the boun- dary from lake Superior to the Chaudiere falls, in Lac La Pluie, situa- ted between lake Superior and the Lake of the Woods : the Ameri- can commissioner being of opinion that the boundary ought to pass from lake Superior, into the bay or estuary at the mouth of the river Kam- anistiquia, and proceed up that river, keeping the most continuous chain of water communication to the Chaudiere falls ; which line is minutely described on the journal of the commission, under date of 23d of Oc- tober, 1826, to which, and to the maps accompanying this report, lefer- ence is made : and the British commissioner being of opinion, that from lake Superior the boundary should enter the mouth of the river St. Louis, and thence proceed up that river, and by the most continuous water communication, to the said Chaudiere falls : for the route of which reference is again made to the journal and maps aforesaid. As preliminary to a more specific examination of the first point in dif- ference, it may be well to take some general views of the duties im- posed on the commissioners by the treaty, and of the principles which have governed the American commissioner, at least, if not his colleague, in the discharge of those duties ; and to connect therewith so much of the history of the commission under the 6th article as may be necessary to the purposes of explanation. By the treaty of 1783, the boundary from St. Regis (the point where the 45th parallel of latitude first strikes the St. Lawrence) to lake Supe- rior, is simply and uniformly described as passing " through" or " along the middle," of the several rivers, lakes, and water communications which separate the countries. Although any line which would have the effect to whether first and piirties, water t cquidisti municati curved this equ been, ad accompa shape, a of this p This wa assumes sometim breadth, ed river presentir opposite One of t dentatior ed by s where th direction rograde I channel, ory couri the difiic above m be the i municati of it to t to be ca line dra< die line portions even in shown ii v.^ [ Doc. No. 451. ] ussioners, ) it, at: he jsc, in the establish- ant to the zoiivictioti resolution r journal, that each il hiinseir, Jocuments 3 inconve- the sub- th articles e, relating e blended in passing the water ng also the pinion that ivides the tvithin the r contend- American c Majesty. the boun- uie, sitiia- le Ameri- pass iVoin er Kam- lous chain minutely 3d oJ Oc- ort, lel'er- that iroin river St. !ontinuous of which int in dif- uties im- les which colleague, o much of necessary nt where ke Supe- )r " along inications have the eRect to divide this sheet or volume of water into two equal quantities, whether superficial or cubic, would bo equally a " middle" line, yet the first and most ready interpretation of the phraseolosiy here used by the piirties, wo'.ild seem to point to a line run longitudinally thr.iugh this water communication, in such a direction as to be always midway or equidistant from the two opposite shores. Were this chain of water com- munication straight and of uniform size, or its shores but moderately curved and irregular, and, at the sann; time, were it free from islands, this equidist-int line might conveniently be, and probably would have been, adopted as the boundary. Hut a nioinenl's inspection of the maps accompanying this report will exhibit such irregularities in the size, shape, and direction of this body of water, as to render the application of this prnciple inconvenient and ridictilous, if not utterly impracticable. This water communication, although composed of one continuous sheet, assumes in its progress an endless diversity of shapes and courses — sometimes expanding into lakes and l)ays, several hundred miles in breadth, and at others contracted and contorted into a narrow and crook- ed river or strait, pursuing by turns every point of the compass, and presenting numerous cases where, from the peculiar conformation of the opposite shores, an equiuistant line seems to be wholly impracticable. One of these cases (and it often occurs) is where the curvature or in- dentation of a shore is so deep and sudden as to form (when represent- ed by straight lines) an angle of less than ninety degrees; another, where the river divides itito two channels, which part, and take opposite directions; or where one or both of these channels take a direction ret- rograde from the general course of the river ; or where there is but one channel, and the opposite sides assume all these varying and contradict- ory courses. An insuperable practical objection to this line arises from the difficulty, if not impossibility, of determining, in cases like those above mentioned, what are opposite points, and, of course, where must be the middle of a river. If the general course of a lake, water com- munication, or river, (in other words, a straight line drawn from one end of it to the other,) be assumed as the basis of operation, and those are to be called opposite points of the shores which are touched by any line drawn at right angles with this general course, a boundary or mid- dle line will be produced, that will be constantly invading and cutting oiF portions of the main shore itself. Such an absurdity may be produced even in a broad and (as regards its general course) straight lake, as is shown in the following diagram. UPPER CANADA. ^ ■"'-t^^ (7 en rrr?) Coti r'^r nl l-/ir Lit.Af \k UNITED STATES. 6 [ Doc. No. 451.] If, on the other hand, the opposite points are to be regulated with ref- erence to the particular tourhe ot tn ever-varyina; river, at any given place, the difficulty lies in dctenniring what that precise course is, in any of the complicated cases above rientioned. But if this equidistant line had beon found to be practicable, there were other and insurmountable objections to its adoption as a boundary. The maps will show that this grea*: water communication is filled with a vast number of islands, which it is made the duty of the commissioners under the treaty of Ghent to apportion and appropriate to the respective Governments. The effect of adopting this equidistant middle line would have been to divide most of the large and valuable islands, and many of the smaller ones, into two unequal parts, and to give one part to each Goveinment. The line itself, conforming, as it must do, to the various dissimilar windings of the two opposite and extreme shores, would have exhibited a perpetual succession of curves, angles, and zigzag courses, and often returning and doubling upon itself. The labor of calculating and tracing such a line would have been immense, and the difficulty of preserving it still greater, and could have been efl'ected only by the erec- tion of a continual wall of stone, or other imperishable material ; inas- much as the establishment of monuments at particular points, however near to each other, would furnish no sufficient data for ascertaining the course of the intermediate and complicated line. The efl'ect, moreover, of such a course would have been to place the citizens and subjects of the two nations in juxtaposition, occupying possessions divided from each other only by imaginary, or at best uncertain lines. And the fur- ther and necessary consequences of this state of things would be, perpet- ual collisions between the two partiesi in respect to boundary and juris- diction ; constant collusions to evade the revenue laws of the two coun- tries ; and combinations to shield delinquents from the arm both of civil and criminal justice. There are, however, other middle lines, resolvable on strictly scientific principles, that might have been adopted as the boundary, and which, therefore, deserve a passing notice. The treaty of 1783, in its progressive description of the boundary, separates it into distinct sections, each comprehending an entire river, lake, or water communication, and requires that the boundary shall pass through the middle of each. Any connected line, therefore, drawn through this whole water communication, in such a manner as to divide each of the specified sections into two equal superficial quantities, will, strictly and geometrically speaking, be a " middle" line. Such, however, is the irregularity in the shape of each of these sections, that a straight line drawn from the required point of entrance into it, to the required point of departure from it, will, in no instance, divide it in(o equal parts; and it must therefore be done by a crooked line. But there are no acknowl- edged principles by which to determine what shall be the direction of this crooked line, and there may be a million of crooked lines drawn through the area formed of each section of this water communication, all differing from each other, and yet each having the efl'ect to divide it into two equal quantities, and therefore being each a " middle'' line. Either of the two commissioners might have drawn a middle lino of this description, in such a manner as to give nine-tenths of the whole islands to his own Government. But it will not be contended that either of their lir line inten The pr( I ably unim it is trust( many resf this bounc principles i is the mid 1 on scienti nical inter the raiddU I nel or fill opposite 8 and spirit the bound it has bee league am applicable occur) wh or perhap: j and each 1 I After e line, the c the two p£ tions of th tical supg( I would be I ticipation which it p in point ol J ary as cou ^ as would [ situations i understan( agreed, at a boundar and not by hardly der an interpre " through have done dozen mili Having invariably other consi seemed to i jects forth I the most ii The vas for two th( a proportic ith ref- y given ^e is, ill e, there undarv. 8(1 witli 3sioners ipective e would many of to each various lid have courses, culating iculty of he erec- 1 ; inas- lowever [ling the jreover, bjects of ed from the fur- , perpet- d juris- coun- of civil icienlilic 1 which, (undary, e river, lall pass through each of , strictly is the is;ht line ed point ts ; and cknowl- jction of drawn ation,aIl divide it ie'* line, c lino of e whole at cither [Doc. No. 451.] 7 nf their lines, or any other traced upon the same principle, is the middle line intended by the treaty of 1783. The preceding speculations on the subject of a middle line are prob- ably unimportant as regards {' i purposes of this report; but they will, it is trusted, be pardoned, in consideration of the fact, that there are many respectable individuals of both nations who affect to believe that this boundary should have been run and established on strictly scientific principles. There is yet another rule or principle for determining what is the middle of a river or water communication, not dependent, however, on scientific calculation, but adopted as a convenient practical and tech- nical interpretation by writers on international law. By this principle, the middle of a river is determined io be, along the thread of the chan- nel or filum aqua^ without reference to the relative distance from the opposite shores, or the quantity of water on either side. The reason and spirit of this rule are particularly applicable to a great portion of the boundary under the 6th and 7th articles of the treaty of Ghent ; and it has been very uniformly observed, in fact if not in form, by my col- league and myself, in tracing those parts of the line to which it is thus applicable. But it loses its value and application in cases (which often occur) where the river or water communication divides itself into two, or perhaps ten channels, not essentially variant either in size or depth, and each havit)g its filum aqua. After examining the various theories on the subject of a " middle" line, the commissioners became convinced that the mutual interests of the two parties would be most advantageou. iy consulted, and the inten- tions of the treaty of 1783 better satisfied, by following the plain and prac- tical suggestions of common sense, in tracing out such a boundary as would be best calculated to secure to each party the largest possible par- ticipation in the benefits of the great navigable thoroughfare through which it passes ; such a boundary as would divide the islands equally in point of value, and conveniently in regard to location ; such a bound- ary as could be easily run and preserved, and readily recognised, and as would place the citizens and subjects of the two Governments in such situations relatively to each otiier as would be least likely to create mis- understandings and feuds. And, under such views of the subject, they agreed, at once, in the propriety of uniformly adopting a water line for a boundary, so as to apportion out the insular territory by entire islands, and not by fractional parts. Even the sticklers for rigid construction will hardly deny that we have, by this last determination, given quite as literal an interpretation to that part of the treaty which requires us to run the line " through the middle of a river or water communication," as we should have done by tracing it across islands, at the distance, perhaps, of half a dozen miles from any water. Having mutually recognised the principle that the boundary should invariably be a water line from St. Regis to lake Superior, there were other considerations involved in the discharge of our official duties, which seemed to demand an early attention, and to present equally proper sub- jects for the establishment of some general rules or principles ; and one of the most important of these regarded the subject of navigation. The vast chain of water couitnunication extending from the Atlantic for two thousand miles, into the interior of North America, and so large u proportion of which forms the natural boundary between the. two par- ' if 8 [Doc. No. 451.] tics , IS navin; I ' able for ships in its whole extent, with the c {ccption of two \ or ihiee &hurt interruptions, which will probably soon bo removed by (he construction of arliticial canals. To this water coniiniinicution, and the free use of its navigation, the immense territorial possessions lying on each side of it, and belongitjj; to the lespectivc parties, are indebted for more than hall' of their value. It becanje, therefore, the obvious duly of the two commissioners to inquire in what manner, if at all, and to what extent, their operations ihight attect the rights of the respective , parties to this nav'gation. If the cflect of establishing the boundary J would be to limit and restrict the rights of navigation, as well as those of territory, it would seem to be incunjbent on the commissioners to give such a direction to the line as would secure, as far as practicable, a con- tinuous navigation to each party. The fust time that this question of navigation was agitated between the undersigned and his present colleague, was at the meeting of the board in New York, late in the autumn of 1821, after our surveys and maps under the Gth article of the treaty had been completed, but before any decisions had been made in regard to the course of the boundary. 1 It was known to us that some difference of opinion existed even among ' able jurists, as to the precise relations which ought in particular oases to obtain between territorial rights and the rights of navigation, and how I'ar the one should control or modify the other; and, although it may be ; said that the question of navigation was not by the treaty submitted to the adjudication of the commissioners, yet so intimate were its connexions with, and so important its bearing u|)on, the great interests which were thus submitted, that it could not be disregarded. At that meeting a proposition was submitted to and entertained by the board, the import of which was, that the two commissioners, in ma- king their final award and description of the boundary agreed on by them, should accompany it by, or rather incorporate into it, a joint dec- | laration that they had assumed as one of the bases of their operations ' the principle that the navigation of all the lakes, livers, and water com- munications through which, by the treaty of 1783, the boundary is to pass, should continue, as before, open and free to the citizens and subjects of the two Poweis, unaffected by the course of the territorial or boundary line to be established by their award ; it being, however, understood that the proposition should be lirst submitted to, and receive the assent of, their respective Governments. It is obvious that, had we been successful in the adoption of this prin- ; ciple, it would have greatly facilitated our labors, and enabled us to make a more satisAictory distribution of the insular territory, by removing the \ embarrassment which the question of navigation was constantly inter- posing. It was, moreover, believed that a distinct declaration in regard \ to the reciprocal rights of navigation, sanctioned by the two parties, ; would be highly useful and important in the prevention of future col- | lisions and misunderstandings. The proposition was accordingly submitted by the commissioners to the ministers of their respective Governments, then at the city of Wash- ington ; and, although it was readily acceded to by the President of the United States, the undersigned was given by his colleague to under- stand that the British minister had declined, on the part of his Govern- ment, to give it his sanction. The question of navigation having been thus unex) expedient considerat possible r ernments It was i the adopti the bound sistency t( league, th 1st. Th variably b 2d. Th channel si to one or 3d. Th carried th And, w 4th. Tl pass alonj should be 5th. Tl reference To the previously although them a di: occur, in t localities, selves, mi tions impc two comr line of be lakes Hui or princiji divided, haps to b( St. Lawr trace on conveniet distant lii mate of would giv dently wj the island bution ; a ing, that i Notwit successful article of a copy of The ur [ Doc. No. 451. J )n of two novc'd hy tioii, nrui MS i)iii(^ indehled ous duty I, and to jspectivc joundaiy as those s to give e, a con- bctween ig of the veys and ut before oundary. n among ar oases and how t may be mitted to nnexions ich IV ere ained by s, in ma- id on by oint dec- perations iter com- ary is to subjects boundary iderstood le assent his prin- ) to make ving the \y inter- n regard parties, ture col- oners to ){■ VVash- nt of the > under- Govern- ing been i I thus unexpectedly thrown back upon the commissioners, it was thought expedient to trace the boundary in such a manner as would (other proper considerations not being disregarded) be host calculated to meet any possible result to which the future discussions between the two (Gov- ernments on the hui '•'" navigation might lead. It wap in this stage ot he business that the undersigned, satisfied that the adoption of some general rules or principles to be observed in fixing the boundary would tend both to facilitate and give a character of con- sistency to their operations, drew up, and informally proposed to his col- league, the adoption of the following rules : 1st. That the boundary from St. Regis to lake Superior should in- variably be a water line. 2d. That where there was one, and but one, navigable channel, that channel should be pursued, without reference to its size or its contiguity lO one or the other shore. 3d. That where there were two navigable channels, the line should be carried thiough the one having the greatest quantity of water. And, with a view to an equal division of territory, 4th. That where there were three or more channels, the line should pass along the one nearest to the centre, provided a good navigation should be thereby left to each party. 5th. That where there was no navigation, the line should be run with reference only to a fair division and proper location of territory. To the first of these rules the British commissioner gave, as he had previously done, his unqualified assent. But as to the other four, although he did not object to their general spirit, he declined giving them a distinct and positive recognition, on the ground that cases might occur, in the course of our proceedings, where, from peculiar interests and localities, a departure from abstract principles, however valuable in them- selves, might be desirable even to both parties, and where the restric- tions imposed by these rules might therefore prove inconvenient : and the two commissioners thereupon proceeded to trace out and fix the whole line of boundary from St. Regis to the water communication between lakes Huron and Superior, without the aid of any pre-established rules or princijjles, excepting that which required that islands should not be divided. As a (jualification, however, of this last assertion, it ought per- haps to be stated, that, preparatory to fixing the line through the rivers St. Lawrence and Niagara, we directed our two principal surveyors to trace on the maps of these two rivers, with as much accuracy as was conveniently and readily attainable by the eye and the dividers, an equi- distant line from the two opposite shores, and to make a summary esti- mate of the quantity and value of insulr« • territoiy which such a line would give to the respective parties. The object of this instruction evi- dently was, to form some rule or datum for the subsequent division of the islands. But it is doubtful whether it had any influence on that distri- nution ; and so little importance was attached to this course of proceed- ing, that it was never afterwards resorted to. Notwithstanding the many difficulties we had to encounter, we were successful in establishing the entire line of boundary, under the sixth article of the ti eaty, as the same is minutely described in our final award ; a copy of which will be found on our journal, under date of June 18, 1822. The undersigned flatters himself that the line fixed by that award will 10 [ Doc. No. 451. J be found, on examination, to have been traced out in strict conformity with the before-mentioned rules; with the exception, perhaps, of some trifling; deviations, by which, in our desire to obtain the object contem- plated it) the fifth rule, (and which is a satisfactory division of territory,) we mny have partially invaded the letter, but not the spirit, of some of the preceding rules. At any rate, the undersigned has no hesitation in avowing that the general principles assumed and incorporated in those rules are those which he adopted for his own government in the execu- tion ot the sixth article of the treaty; which he has attempted to enforce in his discussions with his colleague under the seventh article; and by the application of which, he hopes tc be able to sustain the opinions he has advanced in relation to St. George's island, and the course of the boundary in passing it, in regard to which the two commissioners have unfortunately disagreed. It can hardly be deemed necessary to go into a labored discussion of the abstract merits of these rules. As to the first^ which requires that islands should not be divided, there is no difference of opinion between the undersigned and his colleague ; and if there were, enough, it is be- lieved, has been already said to show the theoretic absurdity as well as the practical mischiefs of adopting a scientific line which would sever almost every important island into two parts, and thus divide it between the parties ; and as to the other /om*, they severally and distinctly show, on the face of them, their principles and objects. With these preliminary remarks, the undersigned now begs leave to call the attention of the two Governments more specifically to the first point in difference between the commissioners, and which regards St. George's island. By recurring to the maps and documents accompanying this report, and more particularly to the map marked A, and Mr. Bird's sketch D, (which, for convenient reference, has been reduced to a smaller scale,) the following facts will be established : 1st. That isle St. George lies in St. Mary's river, or the water com- munication between lakes Huron and Superior; is about fourteen miles in length, and three in average breadth ; and contains forty and a half square miles, or twenty-five thousand nine hundred and twenty acres. (See the map, together with Mr. Bird's certificate, marked D, and Mr. Ferguson's estimate, marked B.) 2d. That the section of water communication (or area embraced by the two opposite shores) within which this island lies, is, with the ex- ception of a few yards at its lower end, where St. George's and St. Tammany's islands interlock, divided into two puits or channels only ; one of which passes to the eastern or British side, and the other to the western or American side of the island. (See the map.) 3d. That by far the largest volume of water, both as regards depth and superficial extent, is to be found on the British side of the island, (See the map A, and the estimates and certificates of Mr. Ferguson and Mr. Bird, and Mr. Ferguson's affidavit C.) 4th. That the best and only ship navigation is through the British channel, which affords a good and safe navigation for vessels of the largest class usually employed on the lakes; while the American channel is practicable for canoes and batteaux only, and is called the canoe chan- nel. (See the affidavit of Mr. Ferguson.) 5tb. Tha in the rive Superior, i: containing teen acres; sand one hi 40.5 squan acres : tha and sixteer niissioners St. Tamma has, by th< seventh art that the isl remains to with the b( contents of The un( which he his decisioi by the doc The IMS and not pa ceded, the the line sh The sec and but on without re applicable and that, ti branch of part of the navigation enjoyment t?rritorial missioner, itP unwilli tected by t idea of rui destroy th pies ol his what is ol It is a r chain of si on St. Mi bending a can vesse have bee liver and channel, < impractic The tb [ Doc. No. 451. ] 11 nfortnitjr of some contem- rritorj,) some of ation in in those 2 execu- enforce and by lions he e of the jrs have ission of ires that between it is be- i well as d sever )etween y show, leave to the first ards St. I report, etch D, r scale,) er com- sn miles d a half v acres, and Mr. aced hy the ex- and St. Is only ; r to the pth and (See nd Mr, IJritish of the ihaniiol c chan- 5tb. That much the largest portion of the whole insular territory lying in the river, strait, or water communication between lakes Huron and Superior, is comprised in three large islands, namely : isle St. Joseph, contaitiing 141.9 square miles, or ninety thousand eight hundred and six- teen acres; isle St. Tammany, containing 15.8 square miles, or ten thou- sand one hundred and sixty-lour acres; and isle St. George, containing 40.5 square miles, or twenty-five thousand nine hundred and twenty acres: that isle St. Joseph, containing ninety thousand eight hundred and sixteen acres, has already been allotted to Great Britain by the com- missioners while acting under the sixth article of the treaty ; that isle St. Tammany, containing ten thousand one hundred and sixty-four acres, has, by the adjudication of the same commissioners, acting unuer the seventh article of the treaty, been assigned to the United Stateu ; and that the isle St. George alone (which is the subject of disagreement) yet remains to be appropriated. ( See all the maps ot the straits of St. Mary's, with the boundary traced on them, and Mr. Ferguson's estimate of the contents of the island.) The undersigned now begs leave to apply the rules and principles, which he has before stated to have been assumed by him as guides to his decisions, to the facts above detailed, and as they are fully supported by the documents to which he has referred. The i:r3t rule requires that the boundary should be a water line, and not pass across islands. This principle having been mutually con- ceded, the only question as applicable to St. George's island is, whether the line shall take the British or the American channel. The second rule or prmciple, which demands that where there is one, and but one, navigable channel, that channel shall invariably be pursued without reference to its size or its contiguity to either shore, is exactly applicable to the present case, where there is but one navigable channel ; and that, too, (which corroborates the case,) through the main or largest branch of the river. By the unvaried application of this rule to every part of the boundary where the line has been established, and where navigation was supposed to exist, each nation has been secured in the enjoyment of an uninterrupted sloop navigation, without trangressing its t?rritorial limits; and it is not a little extraordinary that the British com- missioner, after receiving a distinct intimation from his Government of it^ unwillingness to recognise any right of navigation that was not pro- tected by territorial limits, should, even for a aiomont, have entertained the idea of running the boundary in such a manner as entirely to cut off and destroy the American navigation, when he might, even upon the princi- pJes of his own Government, have secured it to both parties by adopting what is obviously the largest and plainest channel of the river. It is a notorious fact, that there is an uninterrupted and most valuable chain of ship navigation from Niagara river to the American fort situated on St. Mary's river, several miles above isle St. George, and compre- hending a distance of more than seven hundred miles; and that Ameri- can vessels, the largest of which exceed three hundred tons in burden, have been constantly plying during the last season between Niagara river and the said fort on St. Mary's, and passing through St. George's channel, on the British side of the island — the American channel being impracticable for vessels even of twenty tons burden. 'J'he third rule provides for cases where the»e are two navigable ,0 12 [ Doc. No. 451. ] channels, and directs that the boundary shall pass through the one having the greatest quantity of water. Although not a case exactly paiallcl, yet the principle of this rule applies with its full force to St. George's chan- nel ; for if it be proper to adopt the larger of two channels when both are navigable, a fortiori will it be right to do so when the larger is, and the smaller is not, navigable- The fourth ruh is adapted to a case differing still more from the one in question ; yet its principle, which recognises the propriety of securing a right of navigation to each parly, is in strict harmony wih the two pre- ceding rules, and distinctly points to St. George's channel as the proper boundary. The fifth and last rule looks exclusively to a fair division of 'be in- sular territory, so far as that object can be attained without encroaching upon ihe ri^.hts of navigation as secured by the preceding rules; and there is not a question but that the object of this rule will be better ful- filled by appropriating St. George's island to the United States rather than to Great Britain. By recurring again to th_ maps and to Mr. Ferguson's estimates and certificate, it will be seen that there are a number of small islands scat- tered along the river St. Mary's, which have little or no territorial extent or value, and which have been divided between the parties with refer- ence to their local |)osilions, and probably in about equal proportions; and tluit the only considerable islands, either 'n value or extent, lying in that river, are — isle St. Joseph, containing 90,816 acres, already appro- priated to Great Britain; isle St. Tammany, containing 10,164 acres, allotted to the United States; and isle St. George, coniaining 25,920 acres, which yet remains to be disposed of; and that, therefore, the only approach that can be made toward an equal division of territory in the said river, by the disposition of the last-mei>tioned islai d, will be by giving it to the United Slates; whereas, by giving it to Great Britain, the disparity in insular territory, already too great, would be still more increased. If, instead of confining this comparative es'imate of insular territory to the river St. Mary's, it be extended to the ivliole water com- munication from the St. Lawrence to lake Superioi^ inclusive, it will be found that, after giving isle St. George to the United States, the aggre- gate of insular territory appropriated to Great Britiin, through this whole range of boundary, will exceed that appropriated to the United States. Such are the principles, .»nd such the facts^ upon which the under- signed has founded his opinion that the boundary, in passing St George's island, ought to follow the British or eastern channel; and, without in- tending the least disrespect to the opinions of his colleague, he can uh- hesitacingly declare that there is no portion of the extensive boundary i-eferred to the two commissioners by the treaty of Ghent, the course of which is, in his opinion, more distinctly and unequivocally [determined] by the united and concurring influence o( every consideration which fairly and legitimately appertains to the subject, than at the place now in question. In the course of the labors of the commissioners, they have encoun- tered and decided numerous points ol real doubt and difficulty. In many places they have found the water communication embarrassed and dis- tracted by complications of islands dividing it into various channels ; and, where the interests of navigation would point to one channel as the most proper boundary, the ''tims of a "middle line" indicate another; and i the propric in the pres the same c It now h far as he h league in s island, sho His onl} entry on o that " he under the island in t lying belM main shor George's What ar the two ca plicable to in any wri views on t those ufec however, < ington, Mr which he h not only cl from the r Barnhart'a are used it American In refer the underj similitude the one in The ri\ eight or t( the head The boun to the cer give to hi thirds) of passes is j the navigi impossibli this part c George's through tl Betwei renc.e^ (tl river, tbs point of : moved fn British si ne having lallel, yet 5e's chan- n both are s, and the n the one f securing ! two pre- he proper 3f the in- croaching ules ; and letter fill- ies rather nates and inds scat- rial extent ^fith refer- Dportions ; f, lying in dy appro- 164 acres, rig 25,920 ;, the only ory in the 'ill be by t Britain, still more ol" insular 'ater coin- it will be he aggre- ihis whole States, le under- George's ithoiit in- e c:\n uh- boundary course of terniined] hicli fairly e now in ! encoun- In many I and dis- nels; and, 3 the most tlier ; and [ Doc. No. 451. ] 13 the propriety of an equal division of territory demands still a third ; but in the present case these various interests concur in requiring one and the same channel. It now becomes the duty of the undersigned to notice and answer, as far as he has been enabled to understand them, the arguments of his col- league in support of his opinion, that the boundary, in passing St George's island, should be conducted through the American channel. His only knowledge of the grounds of that opinion is derived from an entry on our journal under date of October 25, 1826; wherein he stated that "he considered that the application of the same principles which, under the 6th article of the treaty of Ghent, appropriated Barnhatt's island in the St. Lawrence, and the islands at the head of lake St. Clair, lying between the boundary line as there settled and the American main shore, to the United States, would, in this instance, require St. George's island to be allotted to Great Britain." What are the partieulir " principles" which governed our decisions in the two cases to which he has alluded, and which are so peculiarly ap- plicable to the case in controversy, is left to conjecture ; as he has never, in any written or oral communication with his colleague, expressed his views on this question in terms more explicit or more explanatory than those uPed in the entry above quoted. In a written communication, however, on this subject, from his Britannic Majesty's minister at Wash- ington, Mr. Vaughan, to the American Secretary of State, ( with a copy of which he has had the honor to be furnished,) the American commissioner is not only charged, in more than equivocal language, with having departed from the rules or principles which governed his decision in the case of Barnhart's island, but other arguments (which will hereafter be noticed) are used in support of ihe British claim to St. George's island, and the American channel as the boundary. In reference to the case of '' the islands at the head of lal;e St. Clair," the undersigned cannot, on turning to the maps, discover the remotest similitude or analogy between the respective localities of that place and the one in difference. The river St. Clair discharges into lake St. Clair by not less than eight or ten different mouths or channels ; and thus forms " the islands at the head of lake St. Clair," referred to by the British commissioner. The boundary line is there drawn through the navigable channel nearest to the centre of this group of islands; but still in such a manner as to give to his Britannic Majesty much the larger quantity (probably two- thirds) of the insular territory. The channel through which the line passes is as large, as deep, as direct, and in every way as well fitted for the navigation of lake vessels, as either of its collateral branches. It is impossible, therefore, to conceive of any principle which the adoption of this part of the boundary recognises, that will require the cession of St. George's island to Great Britain, or the establishment of the boundary through the American channel. Between the localities, however, of Barnhart's island, in the St. Law- rence, (the other case referred to,) and St. George's island, in St. Mary's river, tt)sie is one, and, as far as the undersigned can discover, but onf>, point ol resemblance ; and that is, that they are both considerably re- moved from the centre of the river: Barnhart's island lying near the British shore, and having much the largest quantity and extent of water 1 I 14 [ Doc. No. 451.J on the American side, and isle St. George being situated nearer the American shore, and having much (he greatest depth and breadth of water on the British side. !t is a fact, that the boundary was established by the two present commissioners through the smaller channel which divides Barnhart's island from the British shore ; and hence it would seem to be inferred that the American commissioner is obnoxious to the charge of inconsistency and departure from principle, because he now refuses to establish it through the narrower channel which separates isle St. George from the American shore. If the British minister had taken the trouble to cast his eye on the maps along the whole range of boundary, (no such reference is necessary for the commissioner,) he would hr.ve discovered that, in ninety-nine cases out of a hundred, and probably in every case except that of Barnhart's island, the line had been run through the larger channel where there were but two, and through some middle one where there were more than two. The rule, therefore, has been ( if con- stant and all but unvaried practice can form a rulej to run the line through the largest channel ; and the case of Barnhart's island forms an exception to that rule. The charge of inconsistency and departure from former rules and principles may, therefore, be much better preferred and sustained against the British commissioner, for refusing, in this case, to adopt the larger channel in conformity with our former practice, than against the American commissioner, for declining to sanction an exception to that practice, and that, too, i. a case where the same reasons for such exception do not exist. Predicating their opinions on the simple circumstance that Barnhart's island was appropriated to the United States, by fixing the line through the smallest and narrowest channel of the river, and without appreciating, and probably without knowing, the motives which led to it, loud and heavy complaints have been made against the commissioners by some of his Britannic Majesty's subjects in Canada. The undersigned therefore deems it his duty, as he trusts his colleague has felt it to be his, to ex- plain the grounds of that decision ; not only on account of its supposed bearing on the case now in controversy, but for the purpose of removing any unfavorable impressions which may have been made, more especially on the mind of the British Government, by the unadvised complaints of its subjects. The river St. Lawrence differs from most other parts of the water communication between the two countries. From lake Ontario to Pres- cott and Ogdensburg, it is broad, deep, and navigable for ships of any size ; from the head of Baxter's island to the lower end of Barnhart's, a distance of about nine miles, commonly called the Long Saut, it is so rapid and precipitous that no ship or other vessel adapted to lake navigation has ever ventured to enter it. It is, however, navigated by small boats or batteaux, but can be ascended only by the use of tow-ropes managed fiom the shores; and each of t e main shores is about equally fitted for this kind of navigation. Boats and rafts oi timber may, moreover, de- scend it, but with some hazard, through the middle of the American channel — that is to say, between Baxter's island, the middle of Saut is- land, and Barnhart's island (Commonly called the Three Saut islands,) on the one side, and the American main land on tne other ; but no boat or raft can descend through the middle of the British channel, without the most imminent hazard of destruction. In tracing the boundary, there- fore, throu restraints v imposed oi There is river St. L of thirty t\ it. It is S( tain which without an the two p equivalent on those p; gable wate The isia the Saut is decidedly i British sidi three islan one, and b tains about to the Briti Grand is covers, the and the Br his own Gc timber and the citizeni therefore, I isle to Gre for, to give and the lar, the islands with their i Such is t not unadvij priated to t The undi nary propoi Majesty's r the rights c purport of fied conside in the char island ; as i prived Brit be restored of common to my colle British navi ment of the propriation restored by f il [ Doc. No. 451. 1 i5 earer the I of water lished by :h divides ;em to be charge of e fuse 8 to t. George le trouble , ( no such iscovered very case ough the iddle one n (if con- the line forms an ture from preferred this case, tice, than exception s for such Jarnhart's J through reciating, loud and y some of therefore is, to ex- supposed removing specially plaints of the water ) to Pres- js of any nhart's, a 8 so rapid avigation lall boats managed fitted for over, de- \merican Saut is- ands,) on boat or thout the -y, there- fore, through this frightful cataract, we felt ourselves absolved from the restraints which the question of navigation had, for reasons before stated, imposed on us in regard to other parts of the line. There is a very large and valuable island situated at the head of the river St. Lawrence, called Grand isle, or Long island, containing upwards of thirty thousand acres, and having a good navigation on both sides of it. It is so near the centre of the river as to render it difficult to ascer- tain which channel discharges the most water; and it might, therefore, without any violation of principle, have been appropriated to either of the two parties. But the great difficulty lay in finding a territorial equivalent for this island, without infringing on the rights of navigation on those parts of the river which were entitled to the appellation of navi- gable waters. The islands of the St. Lawrence next in value to Grand isle, were the Saut islands before mentioned, the two uppermost of which lie as decidedly on the American as the lower one (Barnhart's) does on the British side of the centre of the river ; but the united contents of these three islands do not exceed six thousand acres. There was, however, ot\e, and but one, cons: Jerable island in the Niagara river, which con- tains about 18,000 acres, and lies somewhat nearer to the American than to the British main shore. Grand isle, in the St. Lawrence, is situated directly abreast of, and covers, the important British town, fortress, and ship yard, of Kingston ; and the British commissioner was, therefore, desirous of securing it to his own Government, on account of its local situation, and its valuable timber and wood ; and the more so, as it did not ofl'er equal advantages to the citizens of the United States. In this compound and difficult case, therefore, the commissioners eventually determined to appropriate Grand isle to Great Britain ; and, as the nearest approach to an equivalent there- for, to give to the United States the three Saut islands before mentioned, and the large island in the Niagara river, and to apportion the residue of the islands of the St. Lawrence in the manner that would best accord with their respective situations. Such is the history of the arrangement by which Barnhart's island was not unadvisedly, and, as we hope it may be thought, not unwisely appro- priated to the United States. The undersigned has been not a little surprised at the very extraordi- nary proposition made by his colleague, and repeated by his Britannic Majesty's minister, (founded, no doubt, on the assumed principle that the rights of territory and navigation are concurrent and exclusive,) the purport of which is, that the American Government should, for a speci- fied consideration, grant to British subjects a common right of navigation in the channel of the river St. Lawrence to the south of Barnhart's island ; as if ihe appropriation of that island to the United States had de- prived British subjects of an important right of navigation which would be restored by the cession of that island to Great Britain, or by the grant of common right of navigation to the south of it. Now it must be known to my colleague that, if there has actually been a breach of the chain of British navigation along this portion of the St. Lawrence by the establish- ment of the boundary line, it has not been occasioned simply by the ap- propriation of Barnhart's island to the United States ; nor would it be restored by the cession of that island, or by the proposed grant of a com- l! 11 16 [ Doc. No. 451. ] mon rijijht on the south side of it. If the possession of Barnhart's island gives to the United States the exclusive navij;ation between it and the American shore, so equally docs the possession of the two upper Saut islands give an exclusive navigation between them and the American shore. But it is a well known fact, that a boat bound up or down the river, and entering the Long Saut at either end, must pursue the same channel throughout; that is to say, a boat entering the British channel at either end must continue in that channel, and pass to the north of all the three before-mentioned islands : and the same is the case in respect to the American channel; and both for the obvious reason that the straits which divide these islands from each other are wholly impracticable, it follows, therefore, (assuming the principle of exclusive navigation,) that the possession of any one of these three islands by the United States would as effectually interrupt the chain of British navigation as the pos- session of the whole ; and that nothing short of a cession of the whole of the three islands, or the grant of a common right of navigation through- out their whole extent, would effect the object which they profess, and no doubt candidly, to have in view. But, whatever may have been said in respect to Barnhart's island, I believe it has never been, nor is it now, contended that the commissioners did wrong in allotting the two upper Saut islands to the American Government. Before closing this subject of Barnhart's island, the undersigned ought, perhaps, in consideration of the very free remarks which his Britannic Majesty's minister, Mr. Vaughan, deemed himself at liberty to make in respect to his principles and motives, to state, as he now does, that in the first, and indeed in all (for there were several) of the early projects which he submitted to his colleague, for a course of boundary to be adopted through the St. Lawrence, Barnhart's island was not placed within the American lines; and that, in finally concurring in the com- plicated arrangement by which this island was thus placed, he was in- fluenced rather by a belief that he was subserving a particular and favorite interest of Great Britain, and gratifying the wishes of her commissioner, than by any anticipated advantage which he supposed the retention of this particular island would confer on the United States. The undersigned will now notice some statements and arguments contained in the communication before alluded to, on the subject of St. George's island, by his Britannic Majesty's minister at Washington, whose expositions on this question are more full than any that have been re- ceived from the British commissioner, who has piobably been less re- served in the expression of his views to the representative of his own Government than to his colleague. The following extracts from this communication exhibit the principal facts and arguments relied on, in regard to the subject immediately in question. The commissioners, at the very commencement of their operations, laid down, conjointly, certain rules to facilitate their decisions. By one of these rules, it was agreed that the islands intersected by a middle line between the opposite banks formed by the main land on each side, were to be divided in their whole extent, as equally as possi- ble, between the two nations ; and by another rule, it was decided that, whenever the division of an island by the intersecting line was into two unequal parts, the nation to whose lot the larger portion fell might re- tain the whole, or exchange its portion lor an equivalent. The Br 1 in the < of the boa approxima whole of I the olficial the greate municatiot tain that i< " The c the three of boundai " It app not be an channel, I] the domini rected by this water land on eii " All the the westeri is alone fit E selaiir that were either of is neverthc rules ascril He is the in the prac sentially fr will be abl the bound; channel, ai and that th self have i the former been repor to facts an and other It iscont ister, that V sectingmic shall fall,n Althougl the middle views on t pressly dir middle of t synonymou on either s He thus but not the [ Doc. No. 451. ] 17 rt's island t and the pper Saut American down the the same channel at of all the respect to the straits icable. it lion,) that ted States is the pos- the whole n through- ofess, and been said is it now, two upper led ought, Britannic f to make es, that in \y projects lary to be lot placed the com- le was in- id favorite missioner, itention of arguments eel of St. ;on, whose ' been re- en less re- if his own from this lied on, in )perations, • ected by a n land on y as pos&i- cided that, IS into two might re- The British commissioner is persuaded that " the island marked No. 1 in the enclosed map^' [called isle St. Tammany on the oiiuial maj»s of the board,] "should be appropriated to the United Stales. i'iie only approximation to an equivalent for that appropriation, is by giving up the whole of the island No. 2" [called isle St. George, or Sugar island, on the ollicial maps] " to (ireal ]]ritain. The laltci would have a right to the greater part of it, when a middle line is run through the watrr com- munication in which it lies, and there would bo a right thereby to re- tain that island as a |)art of his Majesty's possessions. " The commissioners of boundary, however, disagree about selecting of the three Ncebish channels through which they ought to draw the line of boundary. " It appears to me, on a reference to the enclosed map, that there can- not be any pretension to run the line through the eastern Necbish channel, lying as it does immediately contiguous to the main land under the dominion of his Majesty, when the commissioners are exj)ressly di- rected by the treaty to ascertain and mark out what is the middle of this water communication, or of the space enclosed between the maii» land on either side of it. " All these [Neebish] channels are said to be impeded by rapids; but the western and middle are lit for the navigation of tJoats, and the eabtern is alone fit for navigation by ships." r sclaiming all knowledge or recollection of any rules or principles that were conjointly or separately adopted by the commissioners, or either of them, other than those before mentioned, the undersigned is nevertheless willing to admit, for the purpose of argument, that the rules ascribed to us were actually, fornjally, and conjointly thus adopted. He is the more ready to do so, as there is nothing either in the spirit or in the practical results of these rules, as far i's they go, that will diiler es- sentially from those before detailed and e cnlained. And he trusts he will be able clearly to show, by the application of these very rules, that the boundary ought to be established through the British or eastern channel, and St. CJeorge's island be appropriated to the United Slates ; and that the opposite conclusions to which tiie British minister and him- self have arrived, have been occasioned solely by the circumstance that the former has applied the rules (o an imaginary case, which has probably been reported to him on ex-parte information, while the latter will apply to facts and localities as they are proven to exist by the otficial maps and other authenticated documents on the files of the board. It is conceded, then, by the rules quoted and relied on by the British min- ister, that where an island is divided into two unequal parts, by the inter- secting mif/c//e line of tlie treaty, the nation to whose lot the larger portion shall fall, may retain the whole, or exchange its portion for an equivalent. Although his excellency has not furnished a definition, in extenso, of the middle line of the treaty, he has still given us some insight into his views on the subject, by his averment that " the commissioners are ex- pressly directed by the treaty to ascertain and mark out what is the middle of this water communication, or" [adopting what he intends as synonymous phraseology] " of the space enclosed between the main land on cither side of it." He thus distinctly defines the subject to which the line is to be applied, but not the character and properties of the line itself. It is evident, from 2 m I 18 [ Doc. No. 451. ] the irregular and awkward shape of this subject in (he present case, (the section of the river that embraces isle St. tJeorge,) that it is beyond the reach of mathematical skill to trace (hrouf>;h it the strictly equidis- tant line before spoken of; and it is equally evident that the practical approach to such a line would give the largest part of the island to the United States. But there is in the present case another middle line, ascertainable on strictly scientific principles, and which, when ascertained, would present a much more practical and sensible division of the area than that which would be effected by the zigzag equidistant line : and this is, a line from a point in the centre of the river immediitely above where it branches, in order to pass the island, to another point in its centre, immediately below where the two branches again unite, drawn in such a manner as to divide tbe whole space or area into two equal quantities, by the shortest, and of course straightest, route that will produce (hat re- sult. Such a line would, as appears from the calculations and statements of Mr. Bird, give to the United States 15,310 acres less of water, and of course the same number of acres more of island, than to Great Britain ; and the account would stand thus : Great Britain would have, of water, of land. 27,506 acres. 5,310 The United States would have, of water, of land. 12,206 20,610 32,816 32,816 The United States, then, being, by the operation of the middle-line principle, entitled to more than half of the island, would, by the applica- tion of the second rule relied on by Mr. Vaughan, have a right to the whole of it. There is another argument used by the British minister, in the passage of his communication above quoted, and also urged by the British agent to the commission, which is more remarkable for its ingenuity than for its liberal or enlarged views of the subject ; and which is indebted for its whole force, if it have any, to the accidental circumstance of the manner in which the commissioners happened to divide their official labors. This argument is based on the consideration, that, as there are but two considerable islands in the river St. Mary's, remaining to be divided under the 7th article of the tieaty ; and as one of them (isle St. Tam- many) has, as a matter of right, fallen to the United States, the other (isle St. George) ought to be appropriated to Great Britain, as being the nearest approximation that can be made towards an equal division of territory. There is nothing either in the treaty of Paris or that of Ghent which re- quires an equal division of the islands. Indeed, in the treaty of 1780, the subject of the islands is no^ mentioned ; and the treaty of Ghent merely provides that the commissioners shall decide and declare to which of the parties the islands respectively belong. But in the latter, the water communication and islands are treated in some respects as common and undivided property ; and the ordinary dictates of justice, independ- ently of any treaty requirement, would seem to suggest the propriety of an equal division of them, so far as it can be made without encroaching on other more important interests. This equitable consideration, how- 4 ever, does other one division oi boundary : been show the Unitei proportion double the these two As a fui minister a which, ind introduced signed wo the treaty boundary Superior, treaties as between I communic Superior,' In disch this omissi same inter been conti the same j municatioi But if t that they ^ the furthe the lines < might, wit mediate p vision was and the b would pro surveyors the opposi islands be then, St. . the same for his Bri in demand add, that were not St. Joseph rect genei could not time, and both be as two CO mm Having [Doc. No. 451.] 19 M It) nt case, I beyond equiilis- practlcal id to the tiable on present lan that this is, a e where 3 centre, I in such lantities, ; ihat re- Uements ater, and Britain ; acres. 32,816 32,816 ddle-line applica- it to the passage sh agent than for 2bted for I of the I labors. i but two divided St. Tara- he other as being ivision of Yhich re- of 1780, of Ghent to which itter, the common idepend- »priety of :roaching on, how- I ever, does not require that the islands should be alternated, and every other one given to each party ; but will be equally satislied by any fair division of the an^iogate of the islands throughout the whole extent of boundary: and in this view of tin; subject it will appear, as has already been shown, that, alter giving St. George's and St. Tammany's islands to the United States, G.eat Britain will still have more than her aggregate proportion of insular territory throughout the whole line ; and more than double the quantity allotted to the United States, in the very river where these two islands are situated. As a further answer to this territorial claim set up by the British minister and agent, and by way of imparting at the same time information, which, iiideper.dently of the argumentative purpose for which it is here introduced, ought to be made known to the two Governments, the under- signed would remark, that there is an evident njistake or omission in the treaty of 1733, and continued in the treaty of 1814, in regard to the boundary through the water communication between lakes Huron and Superior. In its approach to this strait, the boundary is described in both treaties as "passing through lake Hu.on to the water communication between that lake and lake Superior; thence [leaping over this water communication, and treating it as a mathematical point] through lake Superior," &c. In discharging their official duties, the two commissioners have treated this omission as a pure mistake or inadvertence, and have given the same interpretation to the treaty as they would have done had the line been continued on " through" this water communication, by the use of the same phraseology that is unilormly applied to every other water com- munication ; that is to say, " through its middle." But if the commissioners were light (and it will hardly be contended that they were not) in assuming lliis latitude of interpretation, they had the further right to select the place, within this space or interval, where the lines of the two articles of the treaty sljould be divided ; and they might, with equal propriety, have fixed it at either end, as at any inter- mediate point in this sp;;ce. Indeed, the most obvious place for this di- vision was at the Sault Ste. Marie, w here the river is single and narrow, and the bisecting line would be short and determinate ; and that point would probably have been selected, but that the season closed upon the surveyors when they were some twenty miles short of it. Had this or the opposite end of the strait been taken, the whole of the three large islands before mentioned would have fallen under the same article ; and then, St. Joseph's island having fust been appropriated to Great Britain, the same argument which is now used in claiming St. George's island for his Britannic Majesty, would liave applied, and with augmented force, in demanding it for the United States. The undersigned would further add, that although the surveys of St. Tammany's and St. George's islands were not completed at the time of closing the 6th article, and allotting St. Joseph's island to Great Biitain, still he was possessed of very cor- rect general information as to their locations and extent. He therefore could not for a moment permit himself to doubt but that, at the proper time, and for the numerous reasons set forth in this report, they would both be assigned to the United States by the unhesitating award of the two commissioners. Having discharged the duty imposed by the treaty of Ghent, so far as 'iO r Doc. No. 451. ] rcbtPS to the first point ordiircrenco, the iindcrsif^ned will now proceed to the fxamination of the socoiid, whicli regiuds the course ol the houa- tlary hctween lake Superior and the Chaudicro falls on Lac La i'luie. it was unfortunate that, at the early period of 1753, when the treaty of Paris was concluded, tlie f,a"0;;raphy of the interior of North America was but faintly and imperfectly Uiidwu to either of the parties ; and that, in describirij; the whole range of boundary from St. Mary's river to the Lake of liie' Woods, they found it necessary to confine themselves to those points or landmarks oidy ; and these were Isle Royale, isles Phili- peaux, and the Long lake— places probably of general an unflorsi-jrned to have f^one into a full and minute examination of the maps and other otiicial evidence on the filfS of the commission, for the purpose of showitiij; that the route by the Kamanisti(iuia is, and that tho one by the river St. Louis is not, the ♦rue boundary of the tro jty of 1783. But thi? task has been so ably and suc- cessfully performed by the aj^ent of the United States, Mr. Delalield, in an argument or exposition, ( which, with its accompany in^j; documents, were presented to the board durin«; its deliberations on this subject, and which form part of the regular exhibits to be laid before the umpire by whom the differences are ultimately to be settled,) that he has deemed it raosi advisable merely to append to this report a copious extract from the ar- gument of the agent, and to refer, as he now does, to that argument and its accompanying proofs for the grounds of the opinions he has above ex- pressed in regard to the course of this part of the boundary. He is the more readily induced to adopt this course, inasmuch as it will save (not to himself the trouble of writing and preparing the way, for that would be of minor consideration, but) to the exalted tribunal to whicli the sub- ject is to be referred, the labor of travelling ftaice, and by nearly the same path, over this dreary and uninteresting ground. As the scope, however, of the agent's observations is rather to show that the Kamanistiquia route is, and by necessary consequence that the St. Louis is not, the true boundary of the treaty, the undersigned will take the liberty to add a few remarks (and few, he trusts, will suffice) to show affirmatively that the St. Louis route could not have been the one intended !)y the parties to the treaty of 1783. The first objection to this route is strikingly presented in the awkward, incongruous, and (if the expression is admissible) unauthentic appear- ance which this line of boundary would exhibit on the map. It will re- quire no little stretch of imagination, and, at the same time, be paying but a poor compliment to the wisdom and consistency of the distinguished men who formed the treaty of 1783, to suppose that, in tracing a line from the head of St. Mary's to the mouth of St. Louis river, they would make so great a deviation from the plain and obvious course, and twice traverse the whole breadth of lake Superior, for no other conceivable purpose than to encompass the inconsiderable territory of Isle Royale, lying (as it would do, were this the correct line) close upon the British main land, and place it within the limits of the United States. On the other hand, if the Kamanistiquia route bo assumed as the correct one, the description of the treaty will be consistent and harmonious. A straight line through lake Superior from St. Mary's river to the mouth of the Kamanistiquia would be intercepted by Isle Royale -, but the most direct wafer route between the two points would be to the north rather than to the south of Isles Royale, Ptte and its consorts, (presumed to be Isles Philipeaux ;) and hence the peculiar applicability of the expressions in the treaty — '' to the northvvard" of those isiands. This argument in favor of the Kamanistiquia route, as coutrasted with that of St. Louis, will ap- ply with nearly equal force in favor of rhe former, in its competing claim with tluf mouth of the Pigeon river, and the commencing point of the Grand Portage, hereafter mentioned ; for although the two latter places are, like the former, covered from the head of St. Mary's straits by Isle 3 M rt should oUiiht to rder that Uiculty." It is very obvious, from these instructions, that the commissioners in- olined towards the Grand Portage route, or Long lake of Mitchell's map ; insomuch that by this route no lake by that name is to be found, and a chain of waters communicating, emptying, and approximating, pre- cisely as set forth by their instructions, is to be found. The instruc- tions, however, permitted the exercise of discretion, founded upon a better knowledge of the country, collected as the surveyors advanced. The American surveyor had some hesitation in deciding upon the Long lake intended, and upon the most continuous chain of waters. Doubts were produced by increased knowledge of the country. The British surveyor had no doubts, but led the way to the Grand Portage, assuming the Pigeon river to be the Long lake. The American sur- veyor, yielding to the general belief, and knowing that to explore and delineate this route with sufficient accuracy would require the united labors of both parties for more than one season, consented to pursue it. He explored the whole distance to the Lake of the Woods, ascertaining that by certain deviations from the old track oi the traders, (to which the British parties then confined themselves,) the water communi- cation from lake Superior to the height of land was continuous ; that at the height the waters approximate very nearly ; and that, from the height westward, they emptied into the Lake of the Woods. To ac- complish this survey they devoted the following summer, having re- mained over winter for the purpose. At the meeting of the board at Albany, in February, 1824, the sur- veyors made report, both of them exhibiting the continuity of tiie water communication they had explored, and neither of them expressing any doubt "as to the direction the boundary ought to take" The agents were then called upon to express *' their opinions of what remained to be done, showing the narrowest possible limits to where the future operations of the surveyors might be confined." The agent of the United States considered that tiie commissioners were satisfied with the result of their present operations. Their in- structions had been complied with in every respect. He accordingly presented a memorial, praying that if the Long lake of the treaty was not doubtful, the sui veyors should be confined to the limits already explored. The British agent object'^d generally to the sufficiency of the surveys; the board made no formal decision about the Long lake, upon which question depended entirely the course of the boundary and the extent of the surveys ; but, by its further instructions, implicitly and virtually decided the (juestion. They direct : " Proceed as early as practicable in the spring to com- plete the surveys yet requiied along the water communication, from the tnuuth of Pigeon river to t!ie most northwestern point of the Lake of the Woods." The instructions were fulfilled ; and, at the meeting of the board in Montical, in October, 1S,'4, the surveyors reported their operations, without, as before, expressing any doubt as to " the direction the boun- dary ounht to lake." It was now thought that the business of the commission was so ma- tured (hat certain prominent doubts should be formally removed. The agent of the United States, therefore., again presented a memorial ask- f I 26 [ Doc. No. 451. I H i ing that the board do now proceed to determine what was meant by the Long hike, and offered several documents in evidence to enable the commissioners to decide. His motives for urging this course had been strengthened by a personal examination of the country. The water communications hitherto unexplored were found to be exceedingly nu- merous. Fiom the height of land, which is the dividing ridge between the valleys of Hudson's bay, the St. Lawrence, and the Mississippi, they flov* by very many channels into their respective basins. How many converge into the known route, and how many of the streams emptying into lake Superior have their sources in the height of land, from which height they again flow westward toward the Lake oi the Woods, must remain undetermined. Under the most advantageous cir- cumstances, it is no easy matter to penetrate the Indian territory beyond lake Superior by the ordinary roads ; and, when a new route presents itself, it is next to impracticable. Every few miles is obstructed by a rapid or a fall ; no carrying place is at hand ; the cliffs, the swamps, and the scraggy growth of the woods, deny further ingress ; and by the time a few obstacles of this kind are overcome, the approach of winter and ex- penditure of provision demand a retreat. One well known and continuous chain of waters (as prescribed by mutual instructions) had alone received the notice of the commission ; it offered a natural and convenient boundary, so that it was not for the undersigned to recommend measures calculated to produce delay, or to set up claims at variance with the instructions. P^r these reasons, it was desirable to identify the Long lake of the treaty ; and a decision was urged. The British agent, however, inter- posed a counter-memorial, as before, suggesting the expediency of fur- ther surveys, without specifying them. The determination of the Long lake was postponed ; but positive instructions were now given that the maps of the routes already surveyed be finished, and it was ordered as follows : " If it shall be ascertained that the season shall admit of further opera- tions, without hazarding the certain completion of the work already pre- scribed in the foregoing instructions, the surveyors may be employed, during the remainder of the ceason, in making such further surveys and examinations as either of the commissioners may direct and deem im- portant to the better understanding and designation of the true course of the boundary line." At this meeting the British commissioner declared his intention to order his surveyors to explore a route far to the south of the Grand Port- age, viz : the Fond du Lac or St. Louis river route, in pursuance of the provisional clause of the above instructions. The commissioner of the United States refused to allow the same as a joint Older. Thus, at ala*e day, the first avowal is made that the present operations were unsatisfa -tory, and for the first time that any doubts existed " as to the course the boundary ought to take." These explanations are essential to the proper introduction of the claim the undersigned now advocates, because it is not that which at one time he might have acceded to. The implied admission, if not cer- tainly to be found in the instructions, that the boundary would be f^xed by the Pigeon river ; the impracticability of protracting all the routes on maps, m a within a spt to witness ; leave unde( very willinj immediate c his attentioi mutual. Th in making c cordingly, a the facts no It is not me right to adoj to the liber conflicting ^ rative of tht Those d( pleased witl structions of any inconsi; that further the part of t [After dc Long lake o quia river, a tinues :] The agen one of the tl and that the nistiquia, is stance, by n parties nam in no other at the time lowing map lake, of its i ing been de they contaii First. " J adjacent coi 17G2; publii This ma[ America, & dition of thi This map ol been able t try betweei as it may se excepting ' the St. Lo traced upon which flow [ Doc. No. 451.] 27 mt by the nable the had been 'he water lingly nu- I between ississippi, IS. How e streams of land, ke of the s^eous cir- •y beyond 3 presents by a rapid s, and the he time a ir and ex- cribed by Timission ; lot for the ilay, or to ke of the ^er, inter- cy of fur- the Long n that the 3 ordered ler opera- eady pre- miployed, rveys and deem Ira- course of tcntion to and Port- nee of the same as a :)perations ed " as to on of the which at if not cer- I be f'xed routes on maps, in a manner worthy the objects in view of this commission, within a space of time that any of the parties now present could expect to witness ; and, above all, the conviction that further surveys would leave undecided the boundary between the two countries, induced him very willingly to abide by the surveys already had. The prospect of immediate decision was dispelled when the British commissioner turned his attention towards the St. Louis. The instructions were no longer mutual. The same act, too, dissolved any obligation there might have been in making claims to be governed by the previous /oinf instructions. Ac- cordingly, another route more conformable to the treaty, as evinced by the facts now ascertained, is preferred by the agent of the United States. It is not meant that the undersigned has at any time considered that his right to adopt this route had been abridged. He complied, as he thought, to the liberal spirit of compromise which appeared to have harmonized conflicting opinions ; and when he offered certain documents corrobo- rative of the Long lake of Mitchell's map, it was with this view alone. Those documents are no longer to the purpose ; and he is the better pleased \vith this new direction given to the subject by the ex-parte in- structions of the British commissioner, because it releases his claim from any inconsistency with his former memorial, and presents the allegation that further survey? may be required by reason of measures pursued on the part of the United States. [After describing the several places called " Long lake," namely, the Long lake of Mitchell's map, hy the Pigeon river, that of the Kainanisti- quia river, and the Long lake back of the Pease, the American agent con- tinues :] The agent of the United States now claims and advocates the middle one of the three described communications as to the intended boundary; and that the Dog lake of the present traders, situate on the river Kama- nistiquia, is the Long lake of the treaty, he will prove, in the first in- stance, by maps. The identity of a place never visited or known by the parties naming it, especially when those parties are not witnesses, can in no other manner be so well determined. The common acceptation at the time it was described, should determine the question. The fol- lowing maps are therefore offered in proof of the identity of the Long lake, of its notoriety in 1783 and anterior, and of the boundary line hav- ing been designated in the definitive treaty, conformably to the evidence they contain : First. " A map of Canada and the nort'i part of Louisiana, with the adjacent countries, by Thomas Jeffries, geographer to iiis Majesty, dated 17G2; published by Thomas Jeffries, near Charing Cross, London." This map is contained in a work entitled " Voyages from Asia to America, &c., translated from the high Dutch, by J. Miller, with the ad- dition of three new maps by Thomas Jeffries, geographer to the King." This map of Canada is of older date than any other the undersigned has been able to find, giving a true and particular delineation of the coun- try between lake Superior and the liake of t! RICHARD WILLIAMS, Assistant Secretary. The above is a true copy of an affidavit, with the certificate and en- dorsement thereon, now on the files of the Board. DONALD FRASER, Secretary. City and County of New York. David Thompson, astronomer and surveyor to the commission under the 6lh and 7th articles of the treaty of Ghent, being duly sworn, depo- seth and saith : That the middle Neebish channel is much the shortest passage by the Sault de St. Marie into lake Superior, and that the depth of water therein is quite sufficient for loaded batteaux and canoes, by * which it has been and is always navigated, in preference to any other channel. DAVID THOMPSON, / Astronomer and Surveyor to the Board of Commissioners under Gth and 1th articles treaty of Ghent. Sworn before me, this 9th day of October, 1826, PETER DUMPREY, Commissioner, i^c. ^ (Endorsed.) Filed by order of the board, October 9, 1826, ■^ - , DONALD FRASER, :*'^ » * , Secretary. ' ' RICHARD WILLIAMS, Assistant Secretary, The above is a true copy of an affidavit, with the certificate and en- dorsement, now on the files of the board. ' ^" ■ DONALD FRASER, Secretary. ♦ fs river, A. isr?i nimission UNITl y sworn, le on the ac e has re- 1 t the best the east nnel, and " el on the y has suf- JSON. ore me, .TT, er, S,-c. 56, ;er, retary. lMS, retary. 5 and en- >ER, ■ retary. on under >rn, depo- e shortest the depth anoes, by any other oners Ghent. KEY, ler, i^c. SER, cretary. VMS, cretary. te and en- SER, cretary. ■ . in, \. ^ i m ^Ju accurdtcMdp of thp INITKB STATES OF AMKllTCA accord uuj to the Treaty of Peace 1783. Ilian A- .l.s.s' Sitivcyur .Wic York hiblishcd dy .Hniith and H'uyiai. t . A. isrv 1 1(1 (U!"-' Mixhiiiiidion i do Ka in the Tnpofirn plural fiurenn ■ lo' nclalifl,1 , A. X?2 To the of (U( HI \ L. s ir ^ o ^ I Map ExhibiUng the new discoveries tlie iiUerior part of J\^ORTH J ME RICA inscribed by pennission To the Hojumible Governor and Company or adventurers in England trading into Hud sons Bay. Inscribed Scc. Sec. A. Arrows t/tit/i . Charles Street Sofia January 1" 170.') aihiitUms HUO True iopy George W. Ulustler Draft.smau 6, As,s- Surveyor Copy from a Hap in the Topoqraphical 3urpaii Washington. Jo' Deluiield . A. ]Nr?2 4 ;: ' ■'• u I a .K^: ,ton r>'iy .X \ . N ? 3 f(///.v V ,V /7^;:.' /'///) Map of Can a da and the J\Wt/i ran <;/' Louisiana with the Adja ten t Conn tries hv T/w-f Jeffries Geoyrapiier to his Jfajesty Rain f.dkf or Teciiiiuiiiioiien hbrt ,V Ppter True Copy from Utf oriijinul in .lel'fries 2 edition of AhiUers i'oyiHji'.s Cconjf If. If III Slier Drafifiiiuin A- ,/.v.v' .Surveyor 11611 Piihli:i!if<( ly Tho^ Jeffries near Ctuiriiuj Cross London. A. ]sr?3 I s £ c > c .r\. ^J" o A f rtM HOIS I NOBTH AMERICA From the French of M.B .Ariville Improved With the Surveys made since the Peace. i.o/if/on rrinli'd tor Roir .Saver A- ,/. Itennttl Map A- /'/■//// .sfl/er.s .'t.i h'leef ,\ireet 177.', True Copy from tlw Oriifinal Ccorffe IV. Whistler [) roll. s III ati A- ,7,v.v' .Survvor. J: \.. N? 4 [i In - ■y% 2 c u A r P li fi BrilLs/i i hy Siii Improved i f t; s F c \ c 'hue I'oj 1,0 IK A Map of the Brttush Empire in North Amen by Samuel Dunn AlatJiematuiau Improved from the sun*evs of Cap^. fanrr % fitiin , Ajrtc 4 '/'rue Copy trout tlit orii/intit. Ceorqt W. Whisder Urdft.sinan A- .hs' Siiirfvtir. i London hil)U.slie(t lor li. Sorer \ A. N? 5 A Map of the British Empire i?i Nortfi America by Samuel Dunn JlatJiematidan Improved from the sun^eys of Capt Carver Rain '"Vj Z'^; l.nktl \Al(missii)ou .^\ ..0^"^' ■''/,. riVf >^^> True Copy front t/if orif/inal. I'.eonje W. Il7ii.sf/er. Dnift.HnKiii '.'> fteel ,'itreel. 1770. It'. . A. T^?6 \t (•. i, .V, •^ k i The British Co/on ies in Xonli Aiiwica Eni}m\cd by Willi (UN Fad en . vin . Tnii' Co/i" Inmi the oriqiiuil in I'^tdi'us lllas l.inidnii. I'nhlislicd 1111. f',f()i:/c II'. W'lii.slh'r /J/a/'lsnm/i ,V .l.v.s' Siir\uror. A. NV6 S'///'ivrt7/ 7: J. c CaiuUi u r: P a .8: is If 8 J C . % THE A. N? 7 Si > 11 CaiKula,! ara Lou dp o>''" /(/i/irii"''* f ^' III THE IXITED STATES OF AMEIUCA with tlic British Possessions of (aiia(l(hNov(iS('oti(h Xcw Brunswick ^S- NcwTouudlaml divLded with the Firmli also the Spa /it a ids Tenitoiies of Louisicina and Florida accord in (J to the Preliminary Artich's of Fence signed at Vpfsailles the JO".' of Jan }' 1783. London. Piittlisliod for IL.Stnrr oiul J. Ben ii ett o3 Fleet Street. 1783. / '" True Copy from the oru/iual. (rfort/f W. Whi.stler Draftsntaii A- //.v.v- .Survcvor. 1 A. N? 7 undlaud, J ( u fi r P .5 * t s i '^^i" Til j I THE Laid A. X? 8 I Publish colon fduhd'' III'' THE UNITED STATES OF AMERICA Laid down fivm the best audiorities, agreeable to the Peace of'J783. Piihlishi'd Jpril :v/l7.Ul)y the Proprietor Jolin Watlis at tux Map Ifarelwiise Ladgate Street. Lot I dot I. ^'iiii True Copy I'roiti ilie t>r/(;//tat * (U'orpv li: IVIrsllcr. J)rat'tsnuin i\ //.y.y- ,Si/nryof: IC^L A. ]>r? 8 .y .|/,V/M>"i"»" / or 1 ,,y"';-.S'/;;/w<. L .\V"^*^V. .,,.,„,,, y-J j.„cl.«^ .„<> \ai'^ Miil ire V OK -fvCr, . 4 U r; P li \» tl s F c < « . 'J ' 1 111 i ted kitish Dc by Ituprovei lit IV Coil ./ Ncn' A fa/) of the Ilnted States of North Ainerii nith the irittsh JJoniituoiis on tliat Coiiti/ient bv Saftiuel Dunn Mutheniatiaan Improved /'win t/w Surveys of Cap'. Caner 'true (npy from (he itritfiiKil Ceorqe It'. H'/ii.siler DniftstiKiii \- Ass' Siivrcyov l.omtoK t'riiUeit tor Hal)' Stiver Sen (hurt Sellvr T.i (1 A. isr? 9 A new Map of the rnited States of North America with the litish Dominions on that Continent 8c c. bv Samuel Bunn Mathematician Improved fivm the Surveys of Cap^ Caner Triiv ( i)/ty from (he orhfitial Geortje W. U'hi.siter Drdftsiiriii A .Iss' Suncyor Loudoit hiiHfd for Hoh' Smi'i Sfii C/ituI Sillii J.) I'lid Slitci \ I I 1 ,^ .1 t ' 1 ,«■■< u'lV ,v" A. isr? 10 33 S ' ff i, y v>'' 0^* I THi: INITFJ) STATES OF A with tlip British Possessions ol Can a (hi , Xovasrotia , Xe\\' Briinswict ( divided with the French also the Spcuish Territories ol Louisiana and Floridi aicording to the FniinunarxJrtides of Peaa at Yersailles the 20"^ ofJanUlt London, rublistied by I.ciurie & Wlutde, 53 FLeel 1794. Hdin/I.itki. i(ir 'I'fcoJiKUUfnieu ^--:::XJ'"'> Ka/ii,,. .Tchi True Copy from t/if ori(f//N/t. George WfthsUer. DraftsitHifi iV //.v.y' ^'^urievor. A. 1^? 10 STATES OF AMERICA e. British Fossessions of , Xew Brunswick & N^ew Foundland , 'c(/ '^vith the French Spcjfsh Territories of r/ia and Florida ■dinunanJrtldcs of Peace signed sthf 2Q'^ofJann783. ' by LcLurie & W/ii/Me, 53 Fleet Street. 1794. , , ,,, ,>•■■ Kiifti.,, . .,,1 I >f.S' !;,,>,„; ^^,.,„,,^, ^'.<^. I. A- Aiui /LAKi: S..H,, Ki.no.. ^.,^,.ai- VO.> I, ,£. ! J C u s r F i; £ s f c # A. :n^?ii 33 ns Sketch of the Western Countries OF Canada 1791. Q, it/erf / T/v/f Copy front thr oriifumi in ./. /.on/f'.s i'oyufies London Dihli.slied nm Ceorfic II'. ll'iii.sr/ci: DraCi.sntan A- Ass' Snivevor. A. isr?ii Q^Me/i I. ^/,. la Mori (l^,\/(i/ioniv l,\,SHir' Principal Surveyor under iUk end 1th articles of treaty of Ghent. Dece.xBkr 1, 1827, 34 I Dec. No. 451. ] E No. 1. Letter ojWm. McGilUvray to lion. John Hale, dated MoNTKEAi., September 4, 1824. My dear Sir: I received the favor of your letter of the 27lh July, the moment I was setting out for the falls of Niau;ara; which circumstance prevented my making an immediate reply. That I have so long dela)ed it, I feel demands from me an apology, for 1 returned last week from ray excursion. I hope it is not yet too late, and shall therefore proceed without further jireanible, tiiough I I'ear my observations will not he of much service. The surveys made of the lake Superior last summer, and the previ- ous examination of its coast by Mr. Thompson and others, show suffi- ciently that no inlet (to deserve the name) is to he found on its north- ern shore. Opposite to the west end of isle Royale, (or isle Minos, as it is geneially called,) is a small inlet or bay, into which falls the Rivure aux Tourlres, which is navigable lor about half a mile, when you come to the rapids. About nine or ten miles westward of this river is the Grand Portage., a carrying-place near three leagues in length, at the north end of wiiich you again find the Rivieie aux Touitres ; this river, or rather a chain of portages and lapids, is followed up to its source — perhaps in all forty miles — when you come to the height of land* dividing the waters which fall into lake Superior from those falling ultiniately into Hudson's bay, through the Lake of the Woods and lake VVinnipee. At Ijrst, these waters are so trilling and shallow as not to have sufficient depth or width to pass a canoe of twenty-live feet with any loading; it, however, soon increases by the addition of several othei small stieams, and forms, by the titne it lalls into Lac La Pluie, a river of considera- ble magnitude; but t!ie route of the voyageur Iron) the height ol" land is impeded by many carrying-places and rapids, wliich connect the little lakes into which it frecjuently widens in its course. These lakes are in succession, (going into the inteiior,) 1st, Laguinaga ; 2d, Lac des Trois Blancs ; Hd, Lac Crocfie ; 4ih., Luc La Croix; and oth, -^nrt Mccr.an lake ; then Lac La Pluie. Hut tlieso lakes are verj' distant Irom each other, though connected by rapids and carrying-places, except the two last mentioned, which are only separated by one carrying-place of no groat length. How this loute between lake Superior and Lac do la Pluie could ever be called the Long lake, I cannot conceive ; lor it is made up of shallow and narrow small rivers and lapids without number, and thirty-six carrying-places, together with the lakes above mentioned, with many others not worthy of a name. By this route, and this route only, was the trade to the northwest country carried on by the French while in possession of Canada, anil from the conquest until the year 1803 by the English traders; when the difficulties and expense attending the transportation of goods from lake Superio: by way of the (irand Portage, to Lao I^a Pluie, became so great that the Northwest Company removed the general depot to Kaiu- anistiiiuia, since called Fort WiUiani, stationed about fifty miles eastward of the Grand Portage. The whole length of the carrying-places from * Hauteur des tcrrcs. » lake Su IS less li J j)resui practise they h:i lake -I C )mpan (bv the "That practisei plated b •lesignat I' he re from lal> the boui Into ti Lac, \\\\ receives to the ii it was ]) that coui of GlienI Fur Con the Loii: t\V(MMl 1, nia(l(,' up only bay and pos» parties country than the A^i to now bi'i to pl;ic( siiould C'iiiiiii-s of till- vv river co hiijis ('(j in leiii;- li f-^lahlisli try ; the ei;,^luy l( ailliougii t ) liie L have no nor by 1 wc^t C( was don at Mich this had tempted [ Doc. No. 451. ] 35 1824. 7ih July, i; (1 elated fro 111 my ! proceed not be of he previ- low suffi- its iiorth- inos, as it le Riviire you come ^er is the til, at the s river, or — perhaps vidinji; the lately into lipeo. At sufficient oading ; it, ill streams, considera- ;ht of land :t the little akes aie in c des Ti'ois na Mccrau [ liom each ?pt the two )lace of no Lac do la 'e ; lor it is »ut number, mentioned, ; northwest >anada, and ; when the s irom lake bee a me so )ot to Ka>n- les eastward places from lake Superior to Lac La Pluie by this route is twenty-seven miles, which is less hy five or nx than by the other route. This new eommunication, I presume, can be no (piestion in (he [iresent discussion, for it never was practised by the French as a communication to the interior, aUliough they had trading-posts on the river Kamanistiquia, near the l)anks of lake Superior; and so little was it known, that, before the Northwest Company could venture to send canoes by it, a minute survey was made (by the writer of this) in 1802, in order to ascertain its practicability. That the route by the Crand Portage to Lac La Pluie (the only one practised or known to the French Indian traders; was the one contem- plated by the treaty of 1783, 1 have but little doubt. How it came to be ilesignatcd in the French charts the Lons; lake, \ cannot conceive. '['here is, however, another route of communication into the interior from lake Superior, and the one which should have been fixed upon as the boundary line at the time of making the treaty of Paris. Into the west hay of lake Superior, known by the name of Fond du Lite, falls the river St. Louis, by far the lai\s;cfit stream which that lake receives into its f)osom. By this river, and in i»s vicinity, there is a mute to the interior country, (to Lac La Pluie and tlie Lake of the Woods;) it was practised from the year 179G by the Northwest Company until that country was given up to the Americans, in consequence of t'le treaty of (ahent; and hiis since that time been constantly used by the American Fur Company. I do not see why this route may not as well be called the Loni> take as any other; it is, like all the other communications be- tween lake Superior and Lac La Pluie, or tlie Lake of the Woods, made up of shallow rivers, rapids, carrying-places, and lakes. It is the only bay or inlet to be found on the north and west shore of the lake, and possibly may have been t!ie route intended by the treaty; for both parties a[>pear to have been ecjually ignorant of the geography of the country, although t!ie one commissioner had more cleverness or cunning than the other. A^l to the copy of the chart (said to be the identical one before them) now brought foi ward, admitting that it is a real copy, the reference in it to pliic( s whiidi do not exist, and being evidently Ibunded in error, I siiould think would do a\\ay any credit attached to it by the American cniiiiiir-sioners. Lac de la Plaie^ next in size and extent to the f^ake of the Woo Is, is never mentioned as being a loufe to that lake ; nor is the river conticcting these two lakes, which is a large body of water, per- haps (Mpi il in magnitude to the Hudson river, and fifty or sixty miles i;i lenn'h. If the route by the river St. Louis, or Fond du Lac, could be I'Stahlisiied as the bnundaiy, it would be gaining a great ext(>nt of coun- try ; the distance, ('oniputed from the Grand Portage to Fond du Lac, is eiglity leagues. Such an arrangement, however, cannot be hoped for, although it may be stated as one of the routes connecting lake Superior t I the Lake of the Woods. To the new route from F'ort V^^illiam they have iKj pic'lensions whatever, as it was never practised by the Fie-ncdi, nor by llie Fnglish tr.ide.s until 180;J; and one reason lor (he North- west Conip;iny's abandoning the Grant' Portage at the time, (which was done at a ^ireat saciilii'e, was a fear that the; collecior of the customs at Michiliniackinac would send olRcers to rase duties xm our goods; this had been threatened, and I have no doubt would have been at- tempted had we remained much longer at the Grand Portage. As to 36 [ Doc. No. 451. ] \vhether the Riviere mix Toiirtres, already mentioned, from its debouclie into the hike, or the road in the Grand Portage until it strikes the said river, (which is really the ancient route, as the river to this point is altoa;ether impracticable,) is perhaps the only question ; and the space oi" country to he gained or lost by either party is ol" little or no conse- quence, as it is a mountainous, steril tract ; but, by making the river the boundary from the lake, there is no means of getting to the north end of the Grand Portage, (the point of enibarcation for canoes;) it would, therefore, be excluding British subjects from going into the interior by that route ; whereas, by making it through (he Grand Portage to the same point of embarcation, it leaves the road open to both parties. This route is now but little practised^ as most of the canoes going in pass by the Fort William route. I am, my dear sir, most faithfully yours, ■ W. McGILLIVR '.Y. This is to certify to all whom it may concern, that for a long period 5 was intimately acquainted with the late Hon. William McGillivray, in his lifetime, of Montreal, and have very often seen him write : I, therefore, can aver and testify that the above letter is actually in hi: handwriting, and the subscription of his name ( W. McGillivray) thereto is also in his handwriting. HENRY GARY. New York, September 29, 182G. City and State of New York, ss : Henry Cary, of the city of New York, merchant, beino; sworn, says That the facts set forth in the foregoing certificate, subscribed by him, are jusl and true ; and further says not. HENRY CARY. In testimonium veritatis, sworn before me ihi' 29th i^v of September, 1826. WM. E. DUNSCOMB, No'ayij i^uhlic, city and State of New York. Filed by order os the beard, October 5, 182G. DONALD ERASER, Secretary. RICHARD WILLIAMS, Assistant Secretary. in quest their de| river St. ever, tha was no c to be fot Compan; poits of at Fond passed tl Lac La F sum of w routes to carrying- Northwe I am s has so !( sorry to nient are mav, thei With 1 dear sir. This is was iniin in his lit therefore hand writ writing. MoNT: Filed E No. 2. Letter from Wm. McGillivray to Hon. John Hale, dated Qu> -JEc, August 30, 1825. My okak Silt : 1 delayed answering the letter with which you lavored .we, regarding the Western boundaries, in the expectation that I should have had the pleasure of finding you at this place. I had besides so verv little to -.Ay on the subject, than an answer was of the less conse- qucni;e ; for, in fact, I have not a remark to make in addition to what I formerly coiuraunicated. The Northwest Company never used the route [ Doc. No. 451. ] 37 ebouche the said point is space of ) conse- iver the h end of [ would, erior by e to the s. This pass by R !.Y. period R ay, in his herefote, dwriting, Iso in his :ary. )rn, says d by hin», :ary, ^pteiuber, '} York, cntary. UlS, cretary^ m question ; that by the Grand Portajje being a more direct one, and their depot being here established. Their distance from the inlet near the I river St. 1 jOuis was eighty leagues of coasting. It was well known, how- ever, that a route to the interior did exist in that direction, and that there was no other inlet, such as is spoken of or laid down in the French charts, to be found on the north or west of lake Superior. The American F'ur Company at present practise .his route to go in from Fond dii Lac to the poits of Lac J)e la Pluie. Mr. William Morris (their chief in command at Fond du Lac) passed through it last season, as 1 am informed, and passed the winter on the line, near the Hudson Bay Company's post at Lac La Pluie. This proves the practicability of the route, and 1 believe the sum of waters is of much more magnitude than by any other of the traced routes to the interior; which, indeed, are but miserable small rivulets and carrying-places, with scarcely water sufficient to tioat what is called a Northwest canoe, not half the size of those used in the Grand river. I am so far on my way to England. I am tired of the complaint which has so long teased me ; I must endeavor to get rid of it if 1 can. I am sorry to find Mrs. Hale so very unwell; a change of scene and of treat- ment are both supposed to be salutary in most complaints ; perhaps she may, therefore, be induced to follow ray route. With my wish for the prosperity of your family, I remain, my veiy dear sir, most truly yours, WM. McGILLIVRAY. This is to certify to all whom it may concern, that for a long period I was intimately acquainted with the late honorable William McGillivray, in his lifetime, of Montreal, and have very often seen him write; I, therefore, can aver and testify that the above letter is actually i i Ms handwriting, aud the subscription of his name hereto is also in his hand- writing. .lOHN RICHARDSON, Member of the Executive and Lr^islative Councih of the Province of Lower Canada. MoNTRT^AT., September 13, 1826. Filed by order of the board, October 5th, 182G. DONALD FRASER, Secretary. RICHARl^ ILLIAMS," Aa.^ tant Secretary. 1(1 ted 0, 1825. ou lavored at I should besides so less conse- 1 to what 1 J the route 38 [ Doc. No. 451. ] iH Report of the British Commissioner re spedin^; the boundary line under the seventh article of the treaty of Ghent. CONTENTS. Part I. .Dcst'iiption of the boundary required to I>e determined under the seventh article of the treaty of Ghent, the appointment of oonimissioners for that purpose, their duties, powers, &c. - The acts of the commissioners, with a view to the execution of those duties ....-- Their joint report thereupon, statinp; wliat portions of the boundary line they have a<;reed in establishiuij;, and what parts thereof they iiave failed to agree upon Continuation of that joint report, settina; forth certain pioposi- tions for a coni|)roinise of the existing diilerences, and the counter-proposal ------ The British commissioner proposes his separate report in detail Part II. Division of the subjects which ate to be considered - I. The difierence of oi)inion between the eomtnissioners in relation to the Neebish channels and rapids. Tiie IJritish claim in regard to hich is supported — First. '^>y analogy of the proceedings of the commissioners in .ill parts of the l)oundary line determined Ijythem under the sixth and seventh articles of the treaty of Ghent Conclusion upon this point - - - - - Part HI. SecGndly. By construction of the law of nations Part IV. The boundary line agreed upon from a certain point in the river St. Mary's to a joint near the east end of isle Royale, in lake Superior --.... II. The ditl'erence of opinion in regard to the continuation of the boundary line i'roni a point specified, near isle Royale, in lake Superior, to Lac La Pluie - - _ . Herein two prominent (juestionr; are to be conjiidereil First. Which of the several water communications b(!tween lake Superior and the Lake of the Woods is to ho adopted? Secundlt/. Whether tlie portages are by any means to be j)rc- serve'! op(;n and Irce to the use of both parlies? Conclusjon upon this secjnd subject of difierence Sections. 1—9 10—13 14—19 20—21 26 27—56 57 58- -74 7G- 75 -SO bl S2— IGl lfi2— ISO ISl— 183 I The bount Pluie t( Woods The manr of the V III. An ( agent o General < A— Afl B— A(] C— Nc tain islan D— A E— Af F— Go G— Lc II— M I-AfI .1- Afl K— A L— A M— A N— \ O— D P— M Q— ^ s— c portions e under Sections. 1—9 10—13 14—19 20—24 26 27—56 57 58—74 75 7G— SO bl 82—161 I [ Doc. No. 451. J The boundary line a<;ieed upon from a certain point in Lac La Pluie to the most northwestern point ot the Lake of the Woods ------- The manner in which the most northwestern point of the Lake of the Woods was ascertained - - . - Part VI. 39 Sections. 185- 184 -186 III. An examination of the claims and ar^juments of the ai;;ent of the United States, in behalf of his Government - 187 — 2G4 General conclusion ...... 265 — 266 APPENDIX. A — Affidavit of Mr. Astronomer Thompson, June 0, 1827. B — .\(ridavit of Mr, Astronomer Thompson, November 11, 1826. C — Note of the British to the American commissioner, concerning cer- tain ishmds in Detroit river. D — A certified copy of part of Mitchell's map. E — Affidavit of Assistant Surveyor Samuel Thompson. V — Copy of the survey of the mouth of St. Louis river. (J — Letter of the Hon. Wm. Mc(Ti[livray to the Hon. John Hale. H — Memorial of the agent of the United States, dated October 25, 1824. I — Affidavit of Colonel McKay. .T — Affidavit of Monsieur J. B. Pomainville. K— Affidavit of H. McGillis, Esq. L — AtBdavit of D. Cameron, Escj. M — Affidavit of John McGillivray. Esq. N — Map to Charlevoir's travels, (copy.) — D'Anville's map of North America, (copy.) P— Map of the United States, &c., by Sayre & Bennett, 1783, (copy.) Q— Map of the United States, by John VVallis, (copy,) 1783. R — Map of the United States, b • Laurie i*c Whittle, 1701, ^copy.) S — Calculation of the area of St. George's island, and of the respective portions divided by a line equidistant between the main shores. 62—180 81—183 IM ^: 40 L ^«c. No. 451. ] KEPORT or THE HRITliSH COMMISSIONER. To the Governmeni of his Britannic Majeftty, and to that of the United States of America, the report of Anthonii Barclay^ Esq.^ commissioner appointed on the part of his Britannic Majesty to carry into eject ttie C)th and 1th articles of the treaty between liis said Majesty and the said United States, concluded at Ghent, on tlie Mth day of December, 1814. Part I. SECTiOiV 1. Wheieas, in and by the before-mentioned Cth and 7th ar- ticles of the said treaty, it is provided as follows, to wit : " Art. G. Whereas, by the former treaty of peace, that portion of the boundary of tiie United States from (he point where Ihe 46th degree of north latitude strikes the river Iroquois or Cataraguy, to the lake Su- perior, was declared to be ' along the middle of said rivei-, into lake On- tario ; through the middle of said lake, until it strikes the communication by water between that lake and lake Erie ; thence, along the middle ot said communication, into lake Erie ; through the middle uf said lake, un- til it ariives at the water communication [between that lake and lake lluion ; thence, along the middle of said water communication,] into the lake Huron; thence, through ihc middle of said lake, to the water com- munication between that lake and lake Superior:' and whereas doubts have arisen what was the middle of the said river, lakes, and water commu- nications, and whether certain islands lying in the same were within (he dominions of His Britannic Majesty or of the United States : In order, therefore, finally to decide these doubts, they shall be referred to two commissioneis, to be appointed, sworn, and authorized to act exactly in the manner directed with respect to those mentioned in the next prece- ding article, unless otherwise specified in this present article. The said Cv>mmissioners shall meet, in the fiist instance, at Albany, in the State of New Yoik, and shall have power to adjourn to such other place or places as they shall think lit. The said commissioners shall, by a report oi' dec- laration under their hands and seals, designate the boundary through the said river, lakes, and water communications, and decide to which of the two contracting parties the several islands lying within the said river, lakes, and water communications, do respectively belong, in conformi- 'y v.'ith the true intent of the said treaty of 1783. And both parties agree to consider such designation and decision as final and conclusive. And, in the event of the said two commissioners dili'ering, or both or citiier of them refusing, declining, or wilfully omitting to act, such reports, dec- larations, or statements shall be made by them, or eiluer of them ; and such reference to a friendly sovereign or State shall be made, in all respects, as in the latter pait of the fouith article is contained, and in as full a manner as if the same was herein repeated. " Art. 7. It is further agreed, that the said two last-mentioned com- missioners, after they shall have executed the duties assigned to them in the jjrecediiig article, shall be, and they aie hereby, authorized, upon their oaihs, impartially to fix and determine, accoiding to the true intent of the said the domini nication b western pc parties th( and rivers. formity wi cause such marked. their hand cision on t and longiti and of sue And both and concli fering, or ting to act them, ore state shall cle is con peated." Sec. 2. it is agree thorized t mentioned Sec. 3. comraissio commissio the Presic of the Se shall be s' according his Britan Sec. 4. it is stipul in the fou a secretar judge ncc Sec. 5. that, in th' matters sc commissic they shall Governnv stating, ir which the which th( And his hereby &^ some trie who shall she said re L Doc. No. 451. J 41 le United nissioner mlo rjjevt )/ and the )ecember, id 7th ar- on of the degree of lAic Su- lake On- unicatioii middle ot lake, un- and lake into the ater com- as doubts !!' commu- vithin the In order, id to two jxactly in ;xt piece- The said i State of or places rt or dec- louiih the ich of the lid rivtr, [^onfoimi- h parties Hiclusive. or cither orts, dec- lem ; and de, in all and ill as led com- ) the rn in ed, upon ue intent of the said treaty of peace of 1783, that part of the boundary between the dominions of the two flowers which extends from the water commu- nication between lake Huron and lake Superior to the most noith- western point of the Lake of the Woods ; to decide to which of the two parties the several islands lying in the lakes, water communications, and rivers, forming the said boundary, do respectively belong, in con- formity with the true intent of the said treaty of peace of 1783 ; and to cause such parts of the said boundary as require it to be surveyed and marked. The said commissioners shall, by a report or declaration under their hands and seals, designate the boundary aforesaid, state their de- cision on the points thus referred to them, and particularize the latitude and longitude of the most northwestern point of the Lake of the Woods, and of such other parts of the said boundary as they may deem proper. And both parties agree to consider such designation and decision as final and conclusive. And in the event of the said two commissioners dif- fering, or both or either of them refusing, declining, or wilfully omit- ting to act, such reports, declarations, or statements shall be made by ihem, or either of them ; and such reference to a friendly sovereign or state shall be made, in all respects as in the latter part of the fourth arti- cle is contained, and in as full a manner as if the same was herein re- peated." Skc. 2. And whereas, by the 5th article oi the said treaty of Ghent, it is agreed that " two commissioners shall be appointed, sworn, and au- thorized to act, exactly in the manner directed with respect to th^se mentioned in the next preceding article," [to wit, the fourth article.] Sec. 3. And whereas, by the said fourth article, it is agieed that two commissioners shall " be appointed in the following manner, viz : one commissioner shall be appointed by his Britannic Majesty, and one by the President of the United States, by and with the advice and consent of the Senate thereof; and the said two commissioners so appointed shall be sworn impartially to examine and decide upon the said claims, according to such evidence as shall be laid before them, on the part of his Britannic Majesty and of the United States, respectively." Sec. 4. And whereas, by the 8th article of the said treaty of Ghent, it is stipulated that " the several boards of two commissioners, mentioned in the four jireceding articles, shall, respectively, have power to appoint a secretary, and to employ such surveyors or other persons as they shall judge necessaiy." Sec, 5. Antl whereas, in the said fourth article, " it is further agreed that, in the event of the two commissioners differing upon all or any of the matters so referred to them, or in the event of both or either of the said commissioners refusing, or declining, or wilfully omitting to act as such, they shall make, jointly or separately, a report or reports, as well to the Government of his Britannic Majesty as to that of the United States, slating, in detail, the points on which they dilfer, and the grounds upon which their respective opinions have been formed, or the grounds upon which they or either of them have so refused, declined, or omitted to act. And his Britannic Majesty and the Government of the United States hereby agree to refer the report or reports of the said commissioners to some fiiendly sovereign or state, to be then named for that purpose, and who shall lie requested to decide on the dilferences which may be stated m the said report or reports, or upon the report of one commissioner, together 42 [ Doc. No. 451. ] i f i M'ith the grounds upon which the other commissioner shall have refused, declined, or omitted to act, as the case may be. And if the commis- sioner so refusing, dcclinin;::, or omitting to act, shall also wilfully omit to state the grounds upon which he has so done, in such manner that the said statement may be referred to such friendly sovereign or state, to- gether with the report of such other commissioner, then such sovereign or state shall decide ex jntrle upon tlio said report alone. And his Bri- tannic Majesty and the Government of the United States engage to con- sider the decision of such friendly sovereign or state to be linal and conclusive on all the matters so reterred." Sfx'. G. And whereas his Britannic Majesty was pleased most gra- ciously to nominate, constitute, and appoint the said Anthony Barclay, his Majesty's true, certain, and ini(]ouI;t'jd commissioner, to meet, confer, decide, and conclude with a conuiiissioner furnished with sutlicieni l)0wers on the part of the United States of America, to be appointed in the manner prescribed in the sixth and seventh articles of the treaty of Ghent. Skc. 7. And whereas it pleased the President of the United States of America to " nominate, and, by and with the advice and consent of the Senate, to appoint Peter B. Porter, of New York, commissioner on the j)ait of the United States lor carrying into ell'ect the sixth and seventh articles" aforesaid of the last-mentioned treaty. Sec. 8. And whereas the said commissioners were "sworn impartially to examine and decide upon the claims of the respective nations, accord- ing to such evidence as should be laid before them on the part of his Britannic Majesty and of tlie United States, respectively," in conformity with the provisions of the treaty of peace of the year one thousand seven hundred and eighty-three. Sec. 9. And whereas, in and by the second article of the said treaty of one thousand seven hundred and eighty-three, it is stipulated in the following words, to wit : " And, that all disputes which might arise in future on the subject of the l)oundaries of the said United States may bo prevented, it is hereby agreed and declared that the following are and shall be their boundaries, viz : From the northwest angle cf Nova Scotia (viz. that angle which is formed by a line diawn duo north from the source of St. Cioix river to the highlands along the said highland: which divide those riveis that empty themselves into the river St. Law- rence from those which fall into the Atlantic ocean) to the northwestern- most head of Connecticut river; thence, down along the middle of that river, to the fort)--tifth degree of north latitude; from thence, by a line due west on said latitude, until it strikes the river Iroquois or Cataraguy ; thence, along the middle of said river, into lake Ontario; throuirli the middle of said lake, until it strikes the communication by water between that lake and lake Erie ; thence, along the middle of said communioatiori, into lake Erie ; through the middio of said lake, until it anives at the water commutHcation between that lake and lake Huron ; thence, along the middle of said water conmiunication, into the lake Huron; thence, through the middle of said lake, to tlie wa'er cominuui.'ation bt4\vecti that lake and lak(! Superior ; th'^ice, through lake Superior, northward of the isles Royale and Philipeaux, to the Long lake ; thence, through the middle of the said Long lake, and the water comiriunication between i<. and the La through the Sec. 10. niissioners 6ih article (laic. Sec. 11. by the said the said ri article of t tain places Sec. 12. scntcd to t contain tru tildes as th certified ar and astrom Sec. 13. by the sai several Go advanced ; thereupon Sec. 14 the city ol Lord I82t to be mad tiilly oxan sen ted by ports, maj' structions conferred referred t to be esta have disaj future mis tain in re form a ba disagree!! result of the boun( ditTerencf Sec. li the cours thereof, Neebish Mary's r Hritisli c( from the the Cth channel, division ( between refused, commia- illy omit that the state, to- overeign his Bri- e to coti- linal and nost gra- Barcilay, !t. coiilor, sutlicieni inted in treaty ot States of nt of the 'r on the ] .seventh n partially s, accord - art of his onforniity and seven aid treaty ed in the t arise in 3S may be ; are and )va Scotia from the highlands St. Law- nvestern- lo of that hy a line ataragiiy ; oiiifli the ■ between :inioation, res at the ice, alooi!; ; thonce, between lorthward ', thioiigb ctween ii [ Doc. No. 451. ] 43 and the Lake of the Woods, to the said Lake of the Woods; thence, through the said lake, to the most northwestern point thereof." Skc. 10. And whereas, on the 18lh day of June, lf^22, the said com- missioners closed the execution of the duties assigned to them under the Olh article of the treaty of Ghent, by making their joint report of that (late. Skc. 1 1 . And wherens surveyors and astronomers were then employed by the said commissioners to make a complete survey of the shores of the said rivers, lakes, and water communications, em!)ra('ed by the 7th article of the treaty of Ghent, to (i\ the latitudes and longitudes of cer- tain i)laces, and to render accurate maps of the same. Sec. 12. And whereas the said surveyors and astronomers have j)re- sentcd to the said commissioners a series ot maps, puipiu ting to be and contain true delineations of shores, and statements of latitudes and longi- tudes as therein set forth ; which said maps were thereupon subsecjuently ecrtiiied and signed by the said commissioners, and by the said surveyors and astronomers. Sr.c. lii. And whereas the agents of the respective nations were cited by the said commissioners to appear and present the claims of their seveial Goveinments in relation to the said boundary ; who, having duly advanced and supported the same, formally coricluded their arguments t lie I e upon. Sec. 14. And whereas, at a board held by the said commissioners at the city of New Votk. on the 23d day of October, in the year of our Lord I82G, they caused the following entry of their lurthei' proceedings to be made in their journal, to wit: "The commissioners having care- fully examined and considered the claims, proofs, and arguments, pre- sented by the agents of the respective Governments, as well as the re- po'ts, maps, and obseivations, made and prepared pursuant to their in- structions by the surveyors of the board, and having fully and freely conferred together, and exchanged opinions on the whole subject-matter referred to them, have agreed upon parts only of the boundary proposed to be established under the seventh article of the treaty of Ghent, and have disagreed as to other parts. In order, therefore, to prevent any future misunderstanding as to the opinions which they respectively main- tain in regard to the course which the boundary ought to pursue, and to form a basis for the report or reports which they are re([uiied, in case of disagreement, to prepare, they now proceed to commit to the journal the result of their deliberations, by describing and declar ing the course of the boundary so far as they have agreed, and specifying the points of difference in places where they could not agree. Sec. 15. " T/ierevpon, resolved, That the commissioners disagree as to the course which the boundary lirie should pursue from the termination thereof, under the Gth article of the treaty of Ghent, at a point in the Noebish channel, near Muddy lake, to anoiher point in the middle of St. Mary's river, about one mile above St. (George's or Sugar island: the British commissioner being of opinion that the line should be conducted from the belor'e-mentioned terminating point of the boundary line under the Gth article, being at the entrance from Muddy lake into the ship channel, between St. Joseph's island and St. Tammcuy's island, to the division of the channel at or near the head of Si. Joseph's island ; thence, between St. George's island and St. Tammany's island, turning west- IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I ■U 1^ 12.2 u US Uft 1.25 1.4 III 1.6 < 6" ► <^ v3 ■/'»' >;.w \^* Hiotographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14SS0 (716) 873-4503 \ iV ^ \\ lV Q Ci^ ''i^ I/. ; I 44 [ Doc. No. 451. ] i; i n l\\ wardly throiij^h the middle of the middle Necbish, proceeding up to and throut!;h the Sugar rapids, between the American main shore and the said St. George's island, so as to appropriate the said island to his Britannic Majesty: ami the American commissioner being of opinion that the line should be coiiducled from the before-mentioned terminating point ol the boundary under the 6th article, into and along the ship channel between St. Joseph's and St. Tammany's islands, to the division of the channel at or near the head of St. Joseph's island ; (concurring thus far with the British commissioner;) thence, turning eastwardly and north- wardly around the lower end of St. George's or Sugar island, and fol- lowing the middle of the channel which divides St. George's island, first from St. Joseph's island, and afterwards from the main British shore, to the before- mentioned point in the middle of St. Mary's river, about one mile above St. George's or Sugar island, so as to appropriate the said island to the United States. Sec. 16. " Resolved ^ That, in the opinion of the commissioners, the following described line, which is more clearly indicated by a series of mars prepared by the surveyors, and new on the files of this board, by a line of black ink, shaded on the British side with red, and on the Ameri- can side with blue, is, so far as fhe same extends, the true boundary in- tended by the treaties of 1783 and 1814 ; that is to say, beginning at a point in the middle of St. Mary's river, about one mile above the head of St. Georjie's or Sugar island, and running thence, westerly, through the middle of said river, passing between the groups of islands and rocks which lie on the north side, and those which lie on the south side the Sault do Ste. Marie, as exhibited on the maps ; thence, through the middle of said river, between points Iroquois and Gros Cap, which are situated on the opposite main shores, at the head of the river St. Mary's, and at the en- trance into lake Superior; thence, in a straight line through lake Su- perior, passing a little to the south of isle Caribceuf, to a point in said lake, one hundred yards to the north and east of a small island named on the map Chapeau, and lying opposite and near to the northeastern point of isle Royale. Sec. 17. ^^ Resolved, That the commissioners disagree as to the course of the boundary from the point last mentioned, in lake Superior, to another point designated on the maps at the foot of the Chaudicre falls, in Lac La Pluie, situated between lake Superior and the Lake of the Woods. The American commissioner being of opinion that the line be- tween the said two points ought to take the following described course, namely : to proceed from the said point in lake Superior, and, passing to the north of the island named on the map " Pato," and the small group of surrounding islands which he supposes to be the islands called Philipeaux in the treaty of 1783, in a direction to enter the mouth ot the river Kamanistiquia, to the mouth of said river; thence, up the mid- dle of the river, to the lake called Dog lake, but which the American commissioner su|)poses to be the same water which is called in the treaty of 1783 Long lake; thence, through the middle of Dog or Long lake; and through the middle of the river marked on the maps Dog river, un- til it arrives at a tributary water which leads to Lac de I'Eau F'roide ; thence, through the middle of said tributary water, to its source in the highlands which divide the waters of lake Superior from those of Hudson's bay, near the Lac de I'Eau Froide; thence, across the height of land, a scribed a tlience, t the niiddl through t Lac VVint communic die of Stu the midd INaiTiecan, inccan, an Lac La P unite, as Sec. 18! boundary in hike i yards to t east of t (.'hapeau i southwest islets, to die of lak thence, th sortie or themiddlf No. 1 and and No. 7 through tl; and No. 1 tween the the east cl and west island No and No. 2i islands N( No. 27 an No. 28, a No. 31, a Portage o and falls this portaj isLnd N( No. 35, e No. 39 ai des Cout£ river and age, and i islands N< east of isl east of ish island No thence, u[ [ Doc. No. 451. ] 45 up to and id the said 3 Britannic lat tlie line g point ot ip channel sion of the ng thus far ind north- [], and fol- island, first h shore, to about one e the said ioners, the a series of 3oard, by a he Ameri- undary in- nning at a c the head hrough the Dcks which e Sault de die of said ited on the at the en- lake Su- int in said named on stern point the course iperior, to iiere falls, jke of the le line be- id course, d, passing mall group ids called mouth of ) the mid- American the treaty ong lake ; river, un- u Froide ; ce in the those of the height of land, and through the middle of the lakes and rivers known and de- scribed as the 'old road' of the French, to the river Savannah; and thence, through tiie middle of the Savannah, to Mille Lac ; through the middle of Mille Lac, and its water communication with Lac Darade ; through the middle of Lac Darade, and its water communication with Lac Winnebago ; through the middle of Lac Winnebago, and its water communication with Sturgeon lake, to Sturgeon lake ; through the mid- dle of Sturgeon lake, and the Riviere Maligne, to Lac a la Croix ; through the middle of Lac a la Croix, and its water communication with lake IMamecan, to lake Namecan ; thence, through the middle of lake Na- inecan, and its water communication with Lac La Pluie, to the point in Lac La Pluie where the two routes assumed by the commissioners again unite, as represented oh the maps. Sec. 18. "And the British commissioner being of opinion that the boundary ought to proceed from the before-mentioned point of agieement in lake Superior; namely, from the point in said lake, one hundred yards to the north and east of a small island named Chapeau, lying north- east of the northeast point of isle Royale, passing north of the said (.'hapeau island ; thence, westward, passing north of island No. 2 ; thence, souUnvestward, passing close north of isle Royale, and all its contiguous islets, to the west end of the said isle Royale ; thence, through the' mid- dle of lake Superior, passing north of the islands called the Apostles; ihence, through the middle of the Fond du Lac, to the middle of the soi'tie or uiouth of the estuary or lake of St. Louis river; thence, up the middle of the said lake and river, passing, midway, between the points No. 1 and No. 2, and southwest of the islets No. 3, No. 4, No. 5, No. 6, and No. 7 ; thence, midway, between the points No. 8 and No. 9 ; thence, through the middle of the said river, midway, between the points No. 10 and No, 1 1, and, midway, between points No. 12 and No. 13; thence, be- tween the island No. 12 and island No. 14; thence, up the middle of the east channel, passing northwest of island No. 15 and island No. 16, and west of the point No. 17; thence, east of the island No. 18 and island No. 19, southeast of island No. 20, and between islands No. 21 and No. 22 ; thence, north of point No. 23, south of island No. 24, north of islands No. 25 and No. 26, south of island No. 27, and between islands No. 27 and No. 28, eastward, northward, and south westwaid of island xNo. 28, and south of point No. 29, northeastward of islands No. 30, No. 31, and No. 32; thence, up the middle of said river, to the Grand Portage of about 11,915 yards, on the right or north side, having the river and falls on its south side; thence, through the middle of the road of tiiis portage, and up the middle of said river, passing south and west of isLnd No. 33, east and north of islet No. 34, south and west of island No. 35, east of islands No. 36, No. 37, and No. 38, and between islets No. 39 and No. 40; thence, up the middle of said river, to the Portage des Couteaux, of about 2,029 yards, on the left or south side, having the river and falls on its north side ; through the middle of the said port- age, and up the middle of the said river St. Louis, passing south of the islands No. 41, No. 42, No. 43, and No. 44, north of island No. 45, and east of island No. 46 ; thence, up the middle of the said river, passing east of islet No. 47, wes . of islets No. 48 and No. 49 ; thence, southwest of island No. 50 ; thence, west of islet No. 51, and west of island No. 52; thence, up the middle of the said river St. Louis^ to its junction with the 'M 46 [Doc. No. 451. ] Rivi(''ie des Embanas, on the left or northwest side of the river St. Louis; thence, up the niiddle of the Riviere Einharras, to and tlirou^h a |)oita<^c of a!)out 32 yards, on the right or east side, havinjj; the liveron the west side; thence, up the middle of the said river, to anci thioiijih a portage of alxnit 58 yards on either side of the river ; thence, up the middle of the said river, and its lakes, to and through a portage of aijout 173 yards, on the left or west side, having the river and rapids on its east side ; thence, up the middle of the said river, and its lake, passing between islets No. 1 and No. 2; thence, east of islets No. 2, No. 3, and No. 4; thence, to and through a portage of about 145 yards, on the lelt or northwest side, having the river on its southeast side ; thence, thiough th3 middle of a small lake, to and through a portage of about 150 yards, on the left or northwest side, having the river and falls on the southeast side ; thence, into a lake, and through the middle of the said lake, pass- ing northwest of island No. 5 and island No. 6, to its northeast end ; thence, up the middle of the said Riviere des Embarras, and through the middle of its lake, west of island No. 7, and to and through a portage ol about 473 yards, on its riglit or northeast side, having the river and rapids on its west side ; thence, through the middle of a small lake, to and through a portage of about G31 yards, on the right or east side, hav- ing the river and rapids on the west side ; thence, up the middle of the said Riviere des Embarras, to the portage of the Height of Land, of about G,278 yards, on iIk; left or north side of the said river, being wholly on the right, coming from the southeastward ; thei»ce, through the middle of the portage of the Heigiit of Land, to the southeast bank of tlie Ver- million river, con>ing from the westward ; thence, down the middle ot the said river, to and through a portage of about 1,200 yards, on the left ornorth side, having the river and its rapids on the south side ; thence, down the middle of the said rivrr, to and through a portage of about 457 yards, on the right or southeast side, having the river and rapids on the northwest side ; thence, down the middle of the said river, to and through a portage of about 304 yards, on the left or northwest side, hav- ing the river and rapids on its southeast side ; thence, down the middle of the said river, to the Great Vermillion lake; thence, through the middle of the said lake, south and east of island No. 1 ; thence, east ol island No. 2 ; thence, west of island No. 3 ; thence, west of island No. 4, and east of island No. 5 ; thence, south of island No. 6, and north of islet No. 7 ; thence, south of island No. 8, south of island No. 9, and its con- tiguous islets, north of island No. 10; thence, southwest of island No. 9, and northeast of island No. 11 ; thence, west of island No. 12; thence, east and north of island No. 13, and north of islands No. 14, No. 15, No. 16, No. 17, and No. 18; thence, south of island No. 19, north nl island No. 20, south and west of island No. 21, south of island No. 22, and between islands No. 23 and No. 14 ; thence, north of island No. 25; thence, down the middle of Vermillion river, to and through a portage on the right or east side, of about 378 yards, having the river and falls on its west side ; thence, down the middle of the said river, to and through a portage of about 41 G yards, on the left or northwest side, having tiic river and falls on the southeast side ; thence, down the middle of tin said river, to and through a portage of aI)out 17 yards, on its right or south .side, the river and falls being on its north side ; thence, down the mid- dle of the said river, and iti lakes, to and through a portage of about 1,396 about 1; thence, channel by the to a red of the the serij com mis] Sec. sented niissioni before- close of lake! ed No.r La Plul to the lake, n| the mi( No. 9,1 south lake, rocks, [Doc. No. 451.] 47 river St. id through ic river on lhroiijj;h a je, up the fe of aijout pids on its io, passing No. 3, and on the lelt c.e, tlirou|z;li 150 yards, e southeast lake, pass- heast end ; through ihe x portage ol river and all lake, to t side, hav- ddle of the nd, of ahout g wholly on the middle of tlie Ver- e middle of irds, on the ide ; thence, ige of about tid rapids on river, to and St side, hav- n the niiildle through the ence, east of island No. 4, north of islet and its con- island No. 9, 12 ; thence, 14, No. IT), 19, north ot iland No. 22, land No. 25; jgh a portage r and falls on ) and through !, having tiio niddle of tin right or south 3\vn the mid- af about 1,396 yards, on the right or east side, the river being on the west side ; thence, passing northwest of islet No. I, and north of islet No. 2, to and through a portage of about 176 yards, on the right or southeast side, the river and falls being on its north side ; thence, down the middle of the said river, to and through a portage of about 251 yards, on the left or west side, the river and falls being on the east sid(! ; thenco, down the nuddle of the naid river Vermillion, to and through the Crane portage, of about 1,383 yards, on the left or northwest side, having the river and falls on its south- east side ; thence, down the middle of the said river, into Crane lake ; thence, through the middle of this said lake, passing north of island No. 1, east of island No. 2 and island No. 3, and east of islands No. 4 and No. 5, to the Sand Point lake; thence, through tliC middle of this said lake, east of islet No. 1 and of island No. 2, east of islet No. 3 and island No. 4, and west of islet No. 5 ; thence, west of islet No. G, and east of islets No. 7 and No. 8; thence, east of island No. 0, south of island No. 10, north of island No. 11, southwest of island No. 12 and islet No. 13, and northeast of island No. 14 ; thence, down the middle of its strait or river, to its entrance into lake Namecan ; thence, through the middle of said lake, passing close west of island No. 1; thence, westward, passing south of islet No. 2, llicn south of island No. 3, and islets No. 4, No. 5, and No. 6, and island No. 7 ; thence, north of islets No. 8 md No. 9 and No. 10, and south of island No. 1 1, north of No. 12, then south of islands No. 13, No. 14, No. 15, of islet No. 16; thence, northerly, passing west of island No. 17, and east of islet No. 18, of island No. 19, and No. 20; thence, passing east of island No. 21, and west of island No. 22 ; thence, east of No. 23, and down the middle of the river, southeastward of island No. 24 ; thence, passing north of island No. 25, and No. 2G, and down the middle of the north channel, to a fall, having a portage of about 127 yards, on the left or north side ; thence, through said portage; thence, down the said river, passing north of island No. 1, in the nearest channel to Lac La Pluie. " F^or a better general understanding of the routes respectively assumed by the commissioners, in this case of disagreement, reference may be had to a reduced map on the fdes of the comnnssion, marked ' A general map of the country northwest of lake Superior;' and for greater exactness, to the series of maps before mentioned of the surveys made by order of the commissioners. Sec. 19. ^'Resolved, That the following described line (also repre- sented on said maps as before mentioned) is, in the opinion of the com- missioners, so far as the same extends, the true boundary intended by the before-mentioned treaties, namely : Beginning at a point in Lac La Pluie, close north of island marked No. 1, lying between the Chaudiere falls of lake Namecan ; thence, down this channel, between the islets mark- ed No. 2 and No. 3; thence, down the middle of said channel, into Lac La Pluie, wcstwuid of island No. 4 ; thence, through the said lake, close to the south point of island No. 5 ; thence, through the middle of said lake, north of island No. 6, and south of island No. 7 ; thence, through the middle of said lake, to the north of islet No. 8, and south of islands No. 9, No. 10, No. 11, and between islands No. 12 and No. 13 ; thence, south of islands No. 14 and No. 15 ; thence, through the middle of said lake, north of a group of islands, No. 16 ; thence, south of a gioup of 1 i rocks, No. 17 ; thence, south of a group of islets, No. 18 ; thence, nor th 48 [ Doc. No. 451. ] I of an islet, No. 19 ; thence, through the middle of said lake, to the south of island No. 20, and all its contiguous islets; thence, south of island No. i?', and midway between islands No. 22 and No. 23; thence, south- west o!' No. 24 ; thence, north of island No. 25 ; thence, through the nsidd'e of said lake, to its sortie, which is the head of the Riviere la Plui(j ; thence, down the middle of the said river, to the Chaudiere falls, having a portage on each side ; thence, down the middle of said falls and river, passing close south of islet No. 26 ; thence, down the middle of said Riviere la Pluie, and passing north of islands No. 27, No. 28, No. 29, and No. 30 ; thence, down the middle of said river, passing west of island No. 31 ; thence, east of island No. 32 ; thence, down the mid- dle of said river, and of the Manitou rapid, and passing south of No. 33; thence, down the middle of said river, and the Longue Sault rapid, north of island No. 34, and south of islets No. 35, No. 36, and No. 37 ; thence, down the middle of said river, passing south of islar?d No. 38 ; thence, down the middle of said river, to its entrance between the main land ."id Great Sand island, into the Lake of the Woods ; thence, by a direct line to a point in said lake, one hundred yards east of the most eastern point of island No. 1 ; thence, northwestward, passing south of islands No. 2 and No. 3 ; thence, northeastward of island No. 4, and southwestward of islands No. 5 and No. 6 ; thence, northward of island No. 7, and southwarri of islands No. 8, No. 9, No. 10, and No. 11 ; thence, through the middle of the waters of this bay, to the northwest extremity of th-^ same, being the most northwestern point of the Lake of the Woods. And from a monument erected in this bay, on the nearest firm ground to the above northwest extremity of said bay, the courses and distances are as follows, viz : 1st. N., 56" W., 156.5i feet ; 2d. N., 6° W., 86 U feet ; 3d. N., 28° W., 615.4 feet ; 4th. N., 27° 10' W., 495.4 feet; 5th. N., 5° 10' E., 1,322^ leet; 6th. N., 7° 45' W., 493 feet: the variation being 12° east. The termination of this 6th or last course and distance, being the above said most northwestern point of the Lake of the Woods, as designated by the 7th article of the treaty of Ghent ; and being in latitude forty-nine degrees twenty-three minutes and fifty-five seconds north of the equator ; and in longitude, ninety-five degrees four- teen minutes and thirty-eight seconds west from the observatory at Greenwich. Sec. 20. " For the better understanding of many of the arguments and observations which it will become the duty of the commissioners to submit, in their separate reports, to the two Governments, on the sub- ject of their differences, they deem it proper further to state on the journal, that during the verbal discussions between them relative to the course of the boundary, certain propositions were made by each of ihem for the adoption of lines, different from either of those which they have assumed in the preceding joint declaration. Sec. 21. "These propositions, which each of the commissioners avers were submitted, on his part, by way of compromise, and under the in- fluence of a strong desire to bring the commission to a speedy and amica- ble termination, and of a belief that it would be for the interests of both Governments rather to yield such claims as were susceptible of the least doubt, than incur the delay and expense of a reference to a third party, were as follows, namely : " Mr. Porter (adhering inflexibly to his opinion that the boundary onj;'»t tr ill (he ri isi.m I t( tliioiJi^h rivec, \vi (or tike and tlu'i view, in COIISjiltT fl'Otll wl rt'ic ird t( ri')r and first ii|)|) lini^a « li tlH> loll.) dc'SlTJIlH ne ir the Diauih ol and asi-e AifO'.v r direct at le liiced made. Sicc. 2 inj; (lie c li:Slltlieilt r.i})iils, IV. ii'lheK^ii.' priii(!i)»lt' lj inili.ii'i St. Clair (Mil iniii (ifoijreV iiiiprt'ssc In-iwecMi to both I iijion CO and Suit the chill foi- the sionci <) channel channel America and safe S KC . line fio! tlie iiiidc and cont :i r hi-s colleamie tliat, in ren ird to thoii dilliMi nccs lespeciing the honnilary hetween lake Supe- ri.)r and the Chin.iicte iMIs, in Lie La Pluic, (St. Geor;>,o's i.sl.iiitl l)eing (list approp i.ili'il (o the UnitctI St. lies,) they shnull holh relimpi sli the lines whicli llu-y li.ul respeetively a>Miiiie(i, iMul adopi, in I, en tlieri of, th(» rolliiuing roue, n unci)' : lieginniiii; at the point in lake Sn)je(ior dc'S(:ril)ed as one huinlred y ndj di.-.t,int liom the isliiid called Cna))eau, ne ir the nOitluMsi eiivl >uih of the Piijfon river, on tlie northweslern shore ol th.- laUe, f nt. r and asv.-en 1 the nndlle oi that riter ; and, loa\i!i>i; it at its jinciioo vviili Arrow river, proceed t» lake Nainecaij and Lac l^a Plnie hy 'he most direct and mo.-il continiiou s water eommiiniration, as delineaied on t!u> le Inced niup on tiii; liies of this hoard, to uliich lelerenco \.as already made. Skc. 22. "The Piiiti^h cominis-'ioncr, on the other hand, .stili maintain- in:; the claiai ol' (Jreat liiitain to St. (ii-urge's island, and to the estah- lishinent ot the hoii id ir\ linir th)oujj:;h !he Si id. He N«ehisli and llie Suj;ir rapids, us hel'ote set toiili, staled lo his c.)llea>j;ue the necessity of his adherence to the s.iiur, as he consi lered that the application ol the same priiieijdes v^ liich, iniilei' the lilh ai tide ol the treaty ol (ihciit, iTpjjntpriah d Ii irnhirl's islaii I, in t!ie Si. L iwrence, and ihc; isl.inds al ihe head o l.iko St. Clair, lyin-:; lictween t!»e houndary line as there settl»-d and the Aniei i- can iniin shoie, I > thi; United S(at( s, would in this instance reijnire St. (ieoi5j;e's i>lan'.! to he allolted to (iicat Britain. Mr. B,ir( I ly. howevt r, iaipressetl v.iih the piopiieiy, wot only ol dividing the douhtlid tenitory between the two G iveinments, l)nt also of preserving the naviuiiti »n free to hoth nations, proposed to stipulate with the American commissioner, upon condition ol hi:- agreeing to lix the houixlary in the M.ddh; Nee'oisli and Sugu lajMd.!, and to allot St. (ieo»ge's island to Grea' .Jriiain, that the channel through the Kast Neeiiish and lake George shcnild remain t' oe for the lair and lawlnl comiiKMce ol hoth n itions ; provil()iLC'(l |>()i l.ii!;rs, in lliosc places ulu ic, iioiu l;dl««, r;(|jid.>«, shal- lows, or ai;) oilier ol)>liuc'li(.n, (lie tia\ i;;,tiit)ii iiiul access \i\io ilic iniciior I)}' ualeiiiie reiuleied imjuaciicahlc. Such a route, u iili all llic poita- j;cs, is lieie dc.s<;rii.ed b}" Mi. Baicla>, for greater cerii:inly, to wit : Six*. 21. ''Fioiiithe IxInre-iiK liiioiud point in lake Supci ioi , 100 yards Ironi the Chape.iU iaiand. till it appioacii wiihiii yards of jslo juix Moutiiis, at the .MJUlliwejt end tlnreot; iIuj:c(; northwestwardly lo (he southeast end of the Grand l*orta!; yards; thence, up the middle of th(! said l'i>:;eori river, to the Cliute (le la I'eiilrix, huviii;; a poilai;e ot ahout 14.") yards, on ihe lel'f or east side ; thence, ihiou^h the said poilai!;e, to the said river a':Hin ; (hence, up the middle of s.iid river, to the W.ipide aux Oiitardes, having on the; r ij;ht or east siiU; a porl.ij;!.' of ahout 2,I)U0 yards ; tlir<)ii;:;h s aid portaj;e to the .'•oiilh Fowl lake ; iheiice, throu;;h the middle of ihc sorth Fowl lake, (ind lip the middle of the aliove river or strait, to trorth Fowl lake; theiue, thiiiu:;h the middle of ihis lake, lo tite mouth ol iMoose hrooU; (hern c, iipthe middle (-f this loook,iolhe Porti.gcMJe TOriyiiac, of ahoni 721 yard.-, on the i ii!,ht or east si (!e, h.ivrii;:; ihe hiook on the wt'st ; throuj;-h haiti poitaij;e, to the Lac de I'Oiijijnac ; thence, through the middle of (his lake, to tire great I'ortage des Cerises, of ahorrt hl4 yards, on the light or- rKulii side, haviog ahiook with falls and rapids on its SMilhside. and thriJUgh suiil portage !o Lac Vaseux, or pond ; thence, through ihe middle ol this lake or' pond, to the portage Vasenx, of al>out 2or» yards. on the right or- north side, arid through said portage lo anothe! pond ; ihencc, ihiough the middle ol this pond, to the l'(-tit Poi iJige aux ',< J i>f:», of al)out 2.3.'}yards, tm the right or norlh side, having a hiook on itssoulli side, arid through said portage to (he Lac a la Montague ; thence, ihtoii);!) :ugli ihe middle of this filrait to another lake; (hence, through the middle of (his lake, to its west orid and Grand Portage Neul, of ahout 2, .571) yards ; (hence, ihiough the middle ol' (he road of (his |)ortage, to Hose (or Mud) lake; thence, Ihiough (he middle of said lake, (o (he west end and, mouih of a hiook, on (he left or South side of which is a portage; of ahout 21 yaids, and through said portage to a small lake; (h(!ru;e, through the middle of (his lake, to its west end, having a e.ariying-place of about .'317 yvrds (the conneciing brook being norlh of (his car r) ing-place,) and (hrough said portage to the south lake of (he Height of Land ; tirence, through the in ddle ol this l.d;e, to the Ikightof Ijind portage, of about 46.'3 yards; thence, ihtongh the middle of liiis portage, lo ihe hike north of the lleiglii of Land ; (hence, (hrough (he middle ol this lake, to the erUrance of a 6(raii , (henc(?, southwestward (hrough the middle ol (his s(rai(, (o the Lac des j'iei res a l"'usil ; (hence, fhrodgh (lie middle of this said lake, to ils .<;ortie ; tiicnce, through its middle and the middle of the following waters, to a fall, having (he Portage de la Petite Roche, of about 313 yards, on its right or northeast side; thence, thiough said juittagc, to the same waters yards, I (lirodgl the l\i chatrne north w age of the noi' die of t and sou and 5 ; die of t No. H ; fall, ii.iv thence, lets i\(). die of tl southwe and Sou No. 1 1 , No. I 2, south ot north of No. 2j and sout s.iid lake »in ill br'( the said to the Si middle (| middle d of rslets about 47| iiito lj\e\ of the la( the miihl Lie desi No. :i, (he sortr its rapidj about Si west si II a pui;d h.iviri;£ tlience, the Carl river aiil thence, Jiorih (dl and (hrol fail pass niiddlc [ Doc. No. 451. J 51 iflho old l(l>, slial- i> iiiU'iior he |)oita- wit : •iioi. 100 (Is ol ble will (11} lo ■Niipci ii)r ; \V(v->J\v;iri>j;li said (lie so'illi Mivvl lake, i)\vl I alio ; )so 1)1 ook; ,c, ol abool it ; thioujj;h middle of ids, on th'.' s:,iiti> .-ide. htouirh ilic 20;") yaids. luM poiiii ; ux <,"( i i>(;^, on its si'utli cc, lilHUiy,!) :i-|)hu'C', ol ; llirnor, Idle (>r tlii."* , to its west thuuijsli thr c ; llu'iico, of a 1)1 ook, yaids, and idle ol til is I yvids (llu' liiou}:h said thiouglt tlie IG-S \ ards ; the ilci}!,lii niianco ol a strait, to the said lake, to 10 follovvinfj outoS yards, , to the same wateis, and following down the said waters ton porlafxe of about IIG yards, on an islind, liivin;; a cliannt I and falls «in cacli side ; tlu-ntM.', Jlwoii^h s.iid nort.i^c, iiml do^x n\Vi»id lUr.mjr'i ilu" middlo of Uie waters, lo the I'ortaf^a do tiios i*in, of ahout .')JJ y.uds, on an inland having a cliannel and falls on eat h side; llK-ncc, llimii^li said poi la};c ; llience, northward, lollowii)>; the middle of tlH> sin;dl lakes and ^trails, to a port- age ol aliont 119 yaids on the left or snutli sido, the rivulet heing on the north side ; ihenL'C, tluon^h sjid porl.ige ; thence, f.tllowinj; the mid- dle of the Sinall lakes and straits, pasMiii; e.ist and iioith uf i>la(id \o. I, and south of isl.inJ No. 2, west ol islet No. .'J, and l)t'tween islets Nos. 4 and 5 ; tl.enee, south of i.ik't No. G ; iheiu-e, noilhaard, throngh the mid- dle of the lakes and straits, passing west of island No. 1 and of i., and souih of i^l.md No. G ; theme, souiheast and south of island No. 7 and islet No. 8, north of islands No. 9, No 10, No. i I, and No. 12, snath of isl.inds No. 1^ and No. I t, wo-tof inland No. 12, and e 1st of islet No. 15, wosl ol islet No. Il> ami islmd No. 17, south ol isian I No. 18, of i-det No. 19, and inlands No. 20 and No. 23, north of islet No. 21, of island No. 22, south of islet No. 21, of islands No. 2J and No. 2(j, east of islets No. 27, southeast of island No. 28, and south of islam! No. 29; thence, passing through the midille of the said lake, to the carrying-place of ab()ut 20 yard*, on the noith side of a Hindi brook coming from Swamp lake; thence, throu:ih the middle of the said carrying-place and of Swamp lake, passing rioith of islet No. 1, to the .Skvamp carrying-place, of about li.J yaiils; thence, through the middle of s.d I cairying place, to the Cypress lake ; thence, through the middle ol'thi-. lake, passing north of islet No- I iuul of islet No. 2, south of Islets No. .3, ami east ol islet No. 4, to the Portage des Couteaux, of about 47 yards, having a brook and f dis on its nortl)easi side, running ii.to Lac des Couteaux ; thence, ihroULdi the mitldle of tiiis portage and of the lake I isl named, so ith of islets No. I , lo the sti ait ; thence, through the iniildle of the said strait; and thence, through the midille of llie said JjIC des Couteaux, passiiig south of i.-laiids No. 2, and north of islands No. .'j, N.». 4, and No. 5, and close iiorih of island No, (i, to the head of the sortie of the lake or river ; thence, down the midille ol this river and its rapids, and small lakes or ponds, to a sleep rapid, having a portage of about SO yards, on the left or souiheast side, ibc river being on the north- west si le ; thence, through the said portage ; thence, through the middle of a por.d to a carrying-place of about 17:3yards, on the left or south side, having the river ami falls on its north side ; thence, through said portage ; thence, inio Carp lake, and through the south part of this said lake to the Carp carrying-place, of about 378 yards, on the left or south side, the river and lalls being on its noilh side; tin nee, through said portage; thence, into Buck lake, and ihrougli the middle of said lake, passing nniih !.»■ isiPt Ni). 1. south of islet No. 2. and north of islet No. 3, to nor and thiou;'h the Portage du Uois Blanc, of about I9G yards, the river and 'I (I full passing westwai d of it, to Lac du Bois Blanc ; thence, through the middle of the said lake and its straits, passing w est of island No. I , east 'I 52 [ Doc. No. 451. ] ;.i cf islet No. 2, south of islet No. 3. r.orth of islrt No. 4, south of islet No. fl, oj' islands No. (i iiiul No. 7, west of islets No. 8 and No. 9, and he- (ween island No. 10 and islet No. 1 I, eastward arul northward of islet No. 12, south of islet No 13, ol island No. 14, and islet No. 15, north of island No. IG, and southwest of islet and island No. 17, to the head of a tall, having a portage of about 1190 yards on the left or west side; thence, tliroU|;h said eari} ini:-filaee ; (hence, down the liver, aiid turning west throu};h the middle of a nainnv arm, to and ihroujjh the Portage du G(OS Pin, of about 358 yards, at ils west end, having the river and falls north of i( ; thence, down the said river, west of islet No. 1, and east- ward, northward, and southwestward of islands No. 2 and No. 3, to and thiough a portage ol about IGG yaids, g^)iiig south acioss a point of land ; theme, down the liver, passing between islets No. 4 and island No. 6, south of island No. 5 and islet No. G, to and through the Ish t poitajie, of about 33 yards, having a channel and (alls on each side ; thence, down the river, into Crooked lake ; thence, as near as i he route permiis, through the middh; ot this said lake and its straits, passing between islets N<). 1 and No. 2, and between islets No. 3 and No. 4 ; thence, between islands No. 5 and No. 6 ; thence, noith of island No. 5, and south avd west of island No. 7 ; thence, west of islet No 8 ; thence, between islands No. 9 and No. 10 ; thence, passitig east and north of island No. 1 1, and east of island No. 12 ; thence, north of island No. 12, and south of No. 13 ; thence, east and north of island No. 14, north and west of island No 15 ; thence, north of ishind No. IG, and between island No .IG and island No. 17, south of island No. 17; thence, between island No. 18 and is- land No. 19; thence, south of island No. 20, west ol island No. 21, and south of islets No. 22, No. 23, No. 24, and No. 25; thence, noith of island No. 2G, and between islands No. 27 and No. 28 ; thence, south of island No. 29 and its islets ; thence, sotith of islet No. SO ; and thence, Jo and thiough the Poitage aux Rideaux, of about 183 yards, on the left or south side, having the river and Kideaux falls on its noilh side ; thence, down the middle ol the river, to the Iron lake ; thence, through the mid- dle of said lake, passing noith of islet No. 1, and south of islet No. 2; thence, north and west of island No. 3; thence, south of island No. 4; thence, between island No. 5 and islet No. G ; thence, west ol islet No. 7 ; thence, east of island No. 8, and west ol islet No. 9 ; thence, east of islet No. 10; thence, through the middle of said vvaiers, to the west end, and to and thiough Portage aux Flacons, of about 448 yards, having a channel of the river running south and west of it, to l..ac La Croix, (or Naquakcen ;) thence, through the middle of the said Lac I^a Croix, pass- ing south ol a rock marked No. 1 ; thence, south of an islet, No 2 ; thence, passing north of islands No. 3, No. 4, and No. 5 ; thence, north- east of island No. 6 and islet No. 7, east of islands No. 8, No. 9, and No. 10; thence, passing between islands No. 11 and No, 12; thence, east and north of the great island No 13, west of island No. 14, south of island No. 15, west of islets No. 16 and islet No. 17, southwest of islets No. 18, west of islet No. 19 and of islets No. 20, east of islet No. 21 , south of islet No. 22, south of islet No. 23 ; thence, south of island No. 24, and north of island No. 25 ; thence, southwest of island No. 26, north of island No. 27, south of islet No. 28, north and west of island No. 29, west of islet No. 30, east of islet No. 31, north of island No. 33, and south of islets No. 33, No. 34 and No. 35, north of island No. 3b' lake, r the mid on the I thence, Verniill island down tl Sand-p( islet .\( and we; No. 7 a north east o its entr; lake, of islet 5, of is and N{ south o northet island and we die of islands a full h; throng and th( intend( loadinu iar con Sec. Britani tile sail report as to til upon \( upon \^ ''; [ Doc. No. 451. ] 53 islet No. and he- i of islet 5, north llio head kest side ; (i turning ortnge du und tails and east- 3, to and t of land ; nd No. 5, )oitiifie, of ce, down s, through CMS No. 1 M'n islands vd west of elands No. I, and cast d No. 13; id No 15; and island 18 and is- Jo. 21, and c, noith of ence, south and ihence, on the lett le ; tlience, gh the n»id- islet No. 2; and N«). 4 ; ol islet No. nee, east of e west end, ds, havinjj; a Croix, (or Croix, pass- slet, No 2; ence, norih- , No. 9, and 12; thence, [o. 14, south southwest of of islet No. uth of island land No. 26, est of island land No. 32, iland No. 3() and its islets, south of islet No. .37, west of Islet No .S8, east of islets No5. 39 and 40, north of ishuid No. 41, south of island No. 42, northeast and north of islands N.). 4.> a."l No. 44, south of islands No 4.') and No. 46, north of island No. 47, south of i-)land No. 48, north of islands No. 49 and No 50, oast of island No. .')!, west ol islmds No. 52 an I No 53, west of islet No. 5l; thence, passini; throuj^h the middle of the said lake, north and west of islet No. 55, island No. 56, and island No. 59, cast of islands No. 57 and No. 58, and east of island No. 60 ; thence, down the middle of the said Lac La Croix, to and throu^,h the portage, of about 217 yards, [havififi, when the lake is hi|j;h, a brook running froui the lake by (alls and rapids on its west side ; when the lake is low, tbiy brook is dry,] to the lake of the Looti's Narrow; thence, through the middle of the said I «ko, passing west of islands No. I and islet No. 2, and north of island No. 3; thence, through the middle of said lake, to and through a portage of about 2GJ yards, on the left or southeast side, having the Loon rivulet and falls on its northwest side ; therife, down the middle of the said rivulet, to and through a portage of about 07 yards, on the left or south side, having the rivulet and fall on the north side , thence, down the middle of the said i ivulet, to its entrance into the Lesser Vermillion lake ; thence, through the middle of this lake, passing east oi island No. 1, and southwest of island N(». 2 and islet No. 3 ; thence, down through the middle of its sortie or river, to its entrance into the Sand-point lake ; thence, through the middle of this lake, passing east of islet No. I and of island No. 2, east of i-^let No. 3 and island No. 4, and west of island No. 5 ; thence, west of islet No. 6, and east ot islets No. 7 and No. 8 ; thence, east of island No. 9, south of island No. 10, north of island No. 1 I, southwest of island No. 12 and islet No. 13, north- east of island No. 14 ; thence, down the middle of its sortie or river, to its entrance into lake Nam'kan ; thence, through the middle of the said lake, passing close west of island No. I ; (hence, westwanl, passing south of islet No. 2; thence, south of island No. 3 and islets No. 4 and No. 5, of islet No. 6 and island No. 7 ; thence, north of islets No. 8, No. 9, and No. 10, and south of island No. 1 1, north of island No. 12 ; thence, south of islands No. 13, No. 14, and No. 15, and of islet No. 16 ; thence, northerly, passing west of island No. 17, east of islet No. IS, and of island No. 19 and island No. 20 ; thence, passing east of island No. 21, and west of island No 22 ; thence, east of No. 23, and down the mid- dle of the river, southeast of ishnd No. 24 ; thence, passing north of islands No. 25 and No. 26, and down the middle of the north channel to a fall having a portage of about 1 27 yards on the left or north side ; thence, through said portage, down the said river, passing north of island No. 1 ; and thence to Lac La Pluie, as already described. The s lid route being intended to pass through all the portages and decharges (or partial un- loadings) named or not named, which are necessary to connect the wa- ter communications into the interior." Sec. 25. Therefore the undersigned, cnm:nissioner on the part of his Britannic Majesty, in conformity with the provisions in that behalf of the said treaty concluded at Ghent, now proceeds to make his separate report following, as well to the Government of his Britannic Maj(-sty as to that of the United States of America, stating in detail the points upon which the said commissioners differ, as aforesaid, and the grounds upon which his individual opinion thereon has been formed. 1 4 ')! 54 \k [ Doc. No. 4r)l. J i^RT ir. ' Si:c. 'J(5. Id pciformins tills duty, the tinfkrsijrtird will ron.oidor: l^t. Tli«' (iin'tTciu't in itlalioii to the i\fol>i>li < iiinifx-ls nnd inpids 2d. Tlcit uhi( h ioi:iii(is liic i-otilirunlioii ol tlio hotKuliuy Imk- (ri)!ii a point S|)('ri(iod near i.sic I'oyalc, in lako Supoiior, tn laKe Lu Pliiic, as de- scrihed in the joint fitalrment ol the s.tid two comnii'-i'ionpis, heieinhe- (otc set lorth. Jid. An c'xaniin;ition will he nia'le ol' th«- claims and ar- {^iiments of the aj^fnt of the United States, in hehall ol his Govcitinient, advanced belore the conunissioneis. Sec. 27. 1st. l'j)on the first point, namely, the diflerence in relation (o (he Neehi;>h diannelr. and rapids, the undcrsi^iied ( lelerring to 'he maps ol' the surveys exe.-nted under this roinmission, as cerliticd hy the surveyors, andsi^neli channels,) throiiuh which the boundary line must pass, in conl'ormiiy to the treaties ol' 1783 and of liSI-1, there are two piincipal islands. The northern one is }:en- erally known as isle St. Cieorjje, ami is so desciihed on the maps. The southern one has been desiciniited by the commi.'^sioners as St. Tamma- ny's island,* in conjfiliment to the United States, to who«e portion this island was without c«nlr()\eisy to l)e allotted. The thiee channels (oimed hy lliese islands and by the adjacent n.ain shoies are desinnaied as the Easlein Neel)ish, th<'- INJidille Nee')i.->h, and the VVestern Neebish. Skc. 'J8. These channels have all ol them their rapids. The West- ern iS'eebish channel is so shallow as to be suited only to tiic navi^alion ol canoes and small boats. The Middle Neebish is ol good depth, ex- cept at some paiticular points, where, by means ol' shoals or ol' rocks, the navigation is lender ed unfit for the lar.>;er tradin^i, vessels of the lakes : it is suiricicnl, however, for larjre and eleep boats, and is more used thun either of the other chanmls. 1 he Kastcrn Neebiah alone is adapted for the navigation of the lartror classes of trading; vessels em- ployed in these lej^ions, between lake Iluion and the Sault de Ste. Maiie, which lasl-riamed jjlace is about three miles nbovi' (that is, to the north of) the head and junction ol these several channels, and is distant about fourteen miles I'lom lake Siipeiior. At this point the Sault de Sle. Ma- rie causes i-n interi option of the navigation, and a discbar^Le of the car- goes of vessels is required, when designed Uv the eountiies lying laiiher westward, for the purpose ol transpoiting tliem, either overland or by boats tbrooifti a canal, to a part ol the liver St. Mary ju.t above the said Saulr,wb(re they may be le, flipped for lake Superior. The transporla- tion ic(]uir(!d on the British side of the Sault, by land, is about half a mile. There was lormeily a canal en the same side, but it is not now use\. ] 55 ior: If^t. ids 2(1. I i\ point ', as (le- icjcinhe- » ;iihI !ir- ernniont, n relation ng to 'he (•(1 ly the is section ) tlitoimh sol 1783 le is {Lcn- i|)S. The . 'r.imnia- iriion this lIs loiniod (f-d as the lish. ho West- naviiiuiinn [l<«|)th, ex- ■ ol' rocks, lels ol the (1 \H more A\ alone is r-ssels em- Ste. Millie, I the north i'tunt aliout ' Sic. Mii- dT the car- ini:; lariher hiiiil or hy re the snid transporia- bont half a is not now (1 it is he- idapted hy \){U article, Jeori!;e\s is- ne oi ihose uiistant he- twpon the main shores) were to he apportioned in qtimtity (of extent) as tipi .lly as p()s-.il>lt' hciwccii llic two nuiions, accoidin^ to the prupnr- tioiis lalli!)^ on lli»; respective sides ol such eipii.iist mt line. 2d. lie- c.m>«e, wherever un i^i •! w,,^ inteiscctcd liy sti/li a middle line i'llo two luu jpi.d paits, (whit j;i'neral!y the cas(! when any wa*. intersect- ed,) the nation en wlios« sidi' ihe J.M'j^er poition i,iy was <-iitit!ed to (he eleeiion to retain ihe whole, (or, at (he (le>ire ol" the otiier paily, mii;itt exeliaiii^c! its poition lor an ((piivalent to he received el.sewliere,) and the line was to he selll"d accoMlin!i;ly. It is to he ohservestal)lislii(ij; the rides al)ove spf*?died as principh's lor ;;o\'erninj^ tlie decision ie(piiie(l ; yet he al'lei wards fully adopted them \\\ jn'nclice.. And the uiidei signed leaves it to olheis to conjecture, ( il there In* any iloul)!,) or tf> the Ameiican cominis>i mtir to explain, the motives for this conduct. Skc. ;]|. Accoidin^ to hoth these rules ol" decision, th(.' nndersiiiiietl asserts the ii,u.iit of lii:> IJritannic Majesty to lie clear, etpiitahle, and just, tliat St. ({(Millie's island, the only sid)ject here in conti«)veisy, should he alloted to Great Uiilain, and that, consequently, the houndary should fie est.ihlished in the Middle Nee!)i>h : lor ihe St. Tammany i-laiid is in- tersected hy an equidistant middle line, Icaviii;; fir tlie i^reater portion on (ho Americ.in side thereof. To prove (hat it is so intersected, the undeisiLined rele.'rs to t!ie allidavit of l)avid Thompson, F.sq., one ol the astronomers and principal sin veyois employed hy ttie commissioners, set loith in the appendix (o this report under the letter A, wherein the fol- lowiiiii; evidence will he found : '• St. Tammany's island, next lo St. (ieori;<''s island, in the Neeliish channel, would he inteiscct<>d hy a line eipiidistant lr(mi the nearest opposite tnain shores." 'I'his idand '.he com- missioner of (he liiiiied States never thoiifi;lHt of surrendering;. Me was entitled to if on tiio principles set forth, in consequenoo of the greater p.iit of it laHiii;^ .!S just slated) on tlj". Amoiicin side o'i the ('(piilis- taiit line. ( And here the underi^igned ns..jrts t!iat the commissivmer of the United Stales, in his conferences respecting tlu- line, always de- niaiide I of tlie iindersignejl the application of the rules hereinhelore set tuith, where thev were favniahle to the American interest.) This title was not controverted, hut tin; undersigneil was alwa}S willing to allow it ; and, eonseipienlly, w hile ill-:; United States were to receive the in- tersected island of St. TamiiMny, the undersigned urged the claim of (iieat Hi itain to the; intersected island of St. (ieorge, under the liist rule al)ove set forth, as thu oidy subject in wdiidi compensation could he re- ceived for her portion ol St. Ta.-nmnny to he surrendered, and hy which any appioxiujation towards equality could be eflected. Under the sec- PM 56 [ Doc. No. 451. ] r. . ! It "' i . ond rule abine stated, as b)- far (he larger part of St. Georpe's island fails on llie Hiitish side of an eqindistant line, llie undcrsiuintMi I'fh him- self enlitkni and constrained to in>!»t upon the rif^lit (W liis Britannic Majesty to (hat i^land, even indtpendcnily ol the coiij^i'leration ol the questions of eneis in the execiiiioti of their duties under the Gth article ol' ilie ticaty of Glient ? 2(\. V\ huher, in case of (heir previous a.lopiion under the Gih aiticle, they should he in- troduced as apj'licable to liie 7lh article, now under discussien .' Upon the answers to be gi\en to th(r, 1825, if. was deter- mined " tiiat such wiitten documents as (he ag( nts of the respeciive Governments intend to submit as evidence in suppoit of iheir claims, [c:;cepiing the maps of the suiveyois in the employ ol (his commi-sion,] be first duly authenticated, agreeiibly to the Ibrms and usage of the coun- try in which the same are procured." S ICC. 34. 'I he afTulavit of Mr. 'I hompson, just alluded to, and about to be directly introduced, (as well as that before refeiied to under letter A,) waf^^'-'-ex majiij-i ccfw/'.h this loi maliiy was lee.uired, by ihe order of the hoard above ieciied,only in case ol written evidence to be submitted by the agents ol the lespective Governments, \\\io weie not jsworn to impartiality as the commissioners aie. It may hiie be rtmaik- ed that similai' Ibrmalities were used uith respect to the affidavit A, be- fore noticed, by Mr. Astronomer Thompscn. A copy ol (he i Hidovit here mentioned, maiked B, certified by oiie ol the secretaries of (he boa>d, is set forth in (he appendix Jo this report. The iirnlersigned begs le.ive here to introduce an extract of such part of it as opplies to the point now in agitation, as follows : Sec. 35. "I heieby certify that, for o boundary line under the Gth ar- ticle of the treaty of Ghent, the Uni(ed States (ommissioner itsotied to a 'ine as near as possible cijuidistant from the oppo>ite ukain shores ; and whet ever this line intersected an island, (he island was consideied as belonging to the side on which the gicater porticm of it lay. 'I hat St. George's island, intersected by a middle line as near as potsible ( ipii- distant fiom the opposite main shores, has its giealcst part on the liiiiish side of this said line." Sec. 3G. Here may be infrnduced another extract from Mr. Astrono- mer Thompson's atiidavit A, belore referred to, in section 31, i!) show that the second principle ujenlioned, (sec. 29,) lor the legulating ol the 's isl;md Celt liiiH- Ijtitaiiiiic m ol llio iio})j)Obecl p(l to, the i.les weie I of tlieir utlicr, in old he iii- ? Upon ss ol the iwid now s were or iuul decis- ii;r>L'd will |)on an ao- sirononier jted »l the Was dt'ter- rrsppt'iive eir claims, >inii^sion,] I the (;ouu- , and about iidcr letter iliff to law, Shioner ap- red, l»y ilie leiice to be w eie not be n niaik- avii A, be- le i fiidiivit 1 the boaid, begs le.ive I point now the Gill ar- tcsoiied to hores ; and nsidered as . 'I h.it St. sii)le ((pii- tlie Biiiitw uliiig ui the [ Doc. No. 451. ] 57 commissioners in establishing of (he boundary, was actually adopfed by them. The atfid;ivit states as follows: "That he [Mr. Thompscn] cal- celated for the commissioners the contents of the area of the several is- lands, under the Glh article of the treaty of Ghent, which woubl have been inleisected by a line equidistant from the opposite main shores, in order that the parly receivir.'.^ the appropiiation of such islands eniiie mifihl •live credit to the other party lor the portion it surrendeied, which would have fallen on its side of such middle line, and in oider that each party mi«:ht receive of the undivided islands in proportion to the shares they would respectively have been entitled to in case (he island.-; had been divided by a middle line." Sec. 37 From the first of the above extracts, taken fio-'.i the aJidavit B of Mr. Surveyor Thompson, the undersi;j;ned allege^ that tv.o lacts aie substantiated favorable to the claim of his Britannic iMajcsty to St. Ceoriie's island : 1st. That to determine the boundary under the 6th article, a middle line eijiiidistant between the respective main shores always was resortei to, and that islands intersected by such a line were "considered as be- lonniiifj; to the side on which the greater portion of them lay " 2d. That St. George's island is intersected by such a line, and that " :t has iis greatest part on the British side of the said line." Sec. 38 Lest it may be asked bow Mr. Surveyor Tliompson should know and be able to declare that the commissionets " reso ted to a line as near as possible equidistant from the opposite main shores; and wherever this line intersected an island, the island was considered as belonging to the side on whit h the greatest portion of it lay ;" tl'.e un- dersigned atiirms that Mr. Thompson was the person who was desired to attend the commissioners for the |)ur|)ose of drawing the boundary line on the maps; that he drew an etjuidistant middle line on a full set ol the m.ips, exhibiting the entire boundary under the Gth article of the treaty; that he did it by the particular oral direction of ibe American commis- sioner, the undersigned being present, but designedly abstaining from interference. Sec. 39. Secondly. In corroboration of this evidence, is the inference to be deduced from another rule for regulating the decision of the com- p'issioners in regard to the boundary, proposed by the conunissioner of the United States, as admitted by hitn in correspondence. Tiiis lule lias already been hinted at in the 'iOth section of this repoit, and is to this ell'ect : "That, in fixing the boundary line, the commissioners would never divide an island." Sec. 40. The inference from this rule, which was agreed to by the undersigned, as pntposed by the i\inerican commissioner, and to which full ellect was afterwards given in all cases, is twofold : 1st. That the Anu'iican commissioner, when he proposed the same, could have enter- tained no intention of adhciing to a channel boundaiy ; for by such a I)onndary it would be impos^iible to divide an island, and, conse<|uently, the rule would be useless. «d. That, as some other middle line than the middle of a ciiannel was contemplated, and as no other nwddle of a river or otbor water communication has ever been suggested, than either the middle of the channel, or the middle equidistant Irom the respective main shores, the former of which appears to be excluded by this very rule, the in.'erence is, that such equidistant middle line was heie medi- I -.H fj 'VI ^ 53 [ Doc. No. 451. ] I' tat efl te spe 1i ei cl his an ed ot m est tor is CO fd on by sill SIO M to on \vl oa th( ho jes pr IS ih of tri UtI e(li w f CO I to vicj pd, and that this rule was dosipned lo provide against the arbitrary "cot ol such a line in rc">;ard to the islands which might iheieby he in- ixTtt'd and divided in juri.>di(tion. Skc. 41. 'i'lie under sigt.ed liunil)ly submits that liiis nde, having; been opost'd i»y (he Amt -ican coniniissionHr, is foncUisive upon him is re- cts the two inlt'iences above deslu'.ed. The undeisigned retains m adducing prooi' ol this rule having proceeded iVom the cnmmission- ol" the United Stales, because thai gentleman has hilnerto Ireely imed it as Ins cfTspiing, and it is believed he will not abandon it in eport Skc. 42. Thirdly. After the affidavit of Mr. Astronomer Thompo.^n, d the eircumstanti;il evidence already adiluced, i', is confidently believ- tb.it it will satisfactorily and conchisiv«ly appear, from an examination the ceitifie(j maps of the conniiissioncrs containing the actual surveys de by (heir oiders, and a demarcation of the boundary line as settled (hem, that for the true nii'hile of (he rivers, lakes, and water commu- •a(ions, tbrough and at which the boundary line was required to be ablished, a line equidistant (rem the main shores was assumed as in-* nded by the treaties, that line being conducted to one side of any such an«ls as would be intersected by it, if its equidistant course weri- tbeie n(iiuu(l, so as to cast them on (hat side on which (he larger inters<'c*- poiiion would lie. Tbere was, uiuier (he ij(h article of (he (reaty, e solitary case in which the American commissioner refused to abide the two rules first set ibith : (bat was in (he case o*' three very i.ll islands, called Sugar, Fox, and Strong islands, in front of AnduMst- rgb, in Detroit river. 'I'liese would, according to an equidistant rjiid- ! line, belong to Grcr.t Mriiain. liut, as the American cominis- ner was not to he prevailed u[)on, the cose was submitted to his ajesty's Government, who directed (he undersigned (o surrender- (hem tlie United S(ates, ratiier (ban to break ofl" (he amicable negotiations loot between (he commissioners, and, for an object oi'=U(h small itn- tance to either' Government, (o incur the great expense and delay ich would result from any relerence (o a thir-d '*o v<. r-. In cummuni- irig (o (he American commissioner (his additional mark of (lie fiirruily position of his .Majesty's Government towards t!iat of ihe United States, ' undersigned stated " that he wishes it (o be CiCarly understood that tiid not thereby depart horn any of tlie principles which, as bis Ma- fy's commissioner, he had asserted, and whicli formed (be general actical basis of the arrangement, so far- as liie said boundary line has en agreed irpon." The note of (be undersigned, from which the above an extract, is set forth at length in lue apjjendix to this report, undt r [' letter C, as copied from the journal of the con 'nissioner-^ for the Ibth June, 1832. Six;. 43. In addition to this case, in which ahme the American eom- ssioner objected, tbere may be one ov two other instances under the; 1 article wberein islands which would ik^vc been inter se>,'(cd by an uidistant middle line, so as to throw a large fiordon orr one side, re yet alloded to the other side, and where the l)oun.lary line was iducted accordingly. This was done where a parly recpiiied ten itorv make irp its amount of intersected islands in which (liero may })r('- u.sly have been produced a deficiency, in consequoiice of the other porty ha gre;:(er- Skc. ' tion of 1 tliis en(i Sec. hnni th( de(errr»ir now ref( where t them, fled, the kc; an( boundar sbores. States di the (ith i a lir)e, a which a: a line, tl bis irrter informed tials of ; (hat midi nriddle ( s:(ke of I froirr (ho i\i:(\ to, : set forth ceived, I agreed j)crfec( denied how th: ed, thei idence sioner o ted. S KC . in case the (Jth tide. S ICC. articles ohjectio siMi'.e rii ciission die lirie his iu'gi con fere r hotb ca: same tn r Doc. No. 451. J 59 ihitrniy y be it>- n'j. boon n iS in- ic .liiins tnishion- > I ice I y don it ill lompo.^'n, y helieV' nination surveys IS setiled cnmiiiu- sed to be led as in-* •any siith eii- tboic i n terse et- le treiiiy, I to ;tbi(le nee very Aniheist- stisnt juid- eoniiiiis- ted to bis ruiei' tbeni 'yolinlions small ini- und delay conintiitii- le t'liciKily led Stnlcs, stood tbat IS bis M;i- le <;eneial y line lias ibe altovr lit, untiri ir ibe lytli lean eom- iiiidei tb(! ted by an one side, y line was (I lonitorv i may prc- ibe olber e pnify havins; received n whole island or whole islands, by reason of th gie;:ter part tliereol' happetiini: on its side of the ctjiiidistanl line. Skc. 4t. These cases form the only exceptions to the general opera- tion of the rules set fonh in the whole volume of the maps, exhibiting this entire and most extensive boundary under the Gtli article. Sec. 45 As the last evidence to show that a middle line equidistant liom the respective main shores was adopted by the commissioiieis, in determining the boundary under the 6lh article, the undersiiined will now refer to the journal of the board for the 18th day of June, I8i!2, where the decision of the commissicners is recited, and is signed by them. In all parts of this instrument, with the exceptions already speci- iied, the boundary is described "through the middle" of the rivers, lakes, kc; and, on reference to the maps, that middle will be found (from the boundary there marked) to be delineated eciuidisfant from the main shores. The undersigned is aware tbat the commissioner of the United States denies that he 'iver assented to esti»blisb the botindary line under the (jth article upon such principles. If ihe joint report desciibing such a line, and refeiring to the maps upon which it is so delineated, both of which a!'(,' signed by the commissioners, be not an express assent to such a line, the liiuiersigned h;is been laboring under a gieat disadvantsige in his intercourse with the American conimissioner, from not having Ixjeri inlbimed by him at an earlier j/criod what he wouhl consider the essen- tials of an express as^retmcnt. If theie were no maps to exhibit what that middle is which was thus designed, it might be pretended tbat the middle of the channels was inten.ied, or something dilfeient ( for the s:ike o( preserving an appearance of consistency ) from a line ecpiidislant from the m lin sliores. lint, by a comp iiison of the document here allu- ded to, 'namely, the decision upon the boundaiy under- the 6tli article, as set forth in the journal,) with tlie maps of the commission, it will be |)er- ceived, beyond the po' middle thus agreed upon was sufdi an equidistant middle. As the undersigned is j)erfectly informed fliat the American commissioner has alsD formally (ieniefl that he ever assented to such a line, so he is entirely ignorant how that conimissioner is about to make it so ;ippear. The undersign- ed, tbeiefoie, without any personal allegations on his part, leaves this ev- idence as it is on record, without commeiit, in tiie hands of the commis- sioner of the United States and of those to whom it shall be commit- ted. Skc. 40. Secondly. As to tlie second (jnestion pr-oposcd, viz : Wliether, ill C-i>is leave lo assert the aHinuative. Skc. 47. 'Che circumstaiices of the boundary comprehended by these articles are so preciscdy similir, that it is diOiiult to imagine .\ -ground of objection to the placing of them under the inlluence and direction of the sine.e itiles. lndeime in the case of her competitor. 'I'be only instance in which (ireit Britain can receive any advantage from these principles is in St. George's island ; and the undersigned conceives, without ap- ^1 [ Doc. No. 451. ] 61 onghout e" of it. articles, ' chan(;e y the ap- o^e |)i in- le other cifieti, in he treaty e prirn'i- d in the he lo'.\ er e United n side of y channel ng those a in shore. ! islands at lel, which in f-hores ; : whereas vateis lies hese cases, ;d, as well allotted to ideisigned is far iaith- ned, while s Majesty's [les, Ironi a ty to which •sty or good :l a manner, ii is justice, es ? What e of equity tinciple in- i^sting here, ire question pt the prin- )ny of Mr. and as may undary line ioners, that (by, and by r under the claim to the 2 to her ad- ; liberal ap- iily instance e principles without ap- prehending a dissentient opinion, that this will be deemed but a slender equivalent for the islar)ds of lake St. Clair, and lor the upper Long SuuU isl.tnd, the lower Long Sault island, and Baridiari's isl.iiid. Skc. 49 It may here be objected, in behalf of the United States, that the cession of St. (ieorge's island to Great Britain would leave the ship channel entirely within the British territory. 'I'lue; but the cession of hah the islands at the head of lake St. Clair, and of the upper Long Sault, the lower Long Sault, and Barnh iri's islands, placed tiie channels along them, respectively, entirely within the United Stales teiriiory. I'o avoid tiiis objection en the pait of the commissioner ot the United Siaies, the un- dersigned made to him the following proposition, viz: Tnat, upon his as- senting to establish the line througii the Middle Neebish ami ilie Sugtr rapids, and to allot St. George's island to Great Britain, .n conformity with the principles set forth by the undersigned, as uni ornily acted upon by these commissioneis, the undei signed would stipulate tnat tlie East- ern Neebish should remain free for tne lair and lawlul commerce of both nations, proviiled the same stipulation should be simulianeoujly made on his pait in respect to the channel south of Barnhait's island, and of tiie two Long Sault islands, and to the channel (contiguous to tlie American main >hori^) which ccmnects the river St. Clair witli lake St. Clair. Sec. 50. The undersigned proceeded to make the above specified proposition with the less liesitation, and the less do bt of its being favor- ably received, because I'ormerly the American commissioner, in nis con- ferences for the adjustment of the bounJary under the Gtb article, volun- tarily proposed to the undersigned to declare, in writing, that the existing appro, >riations ol the islands in the Long Sault were maiJe upon tiie giitunJ and understanding that the several channels were common to the use of both nations. Tliis suggestion was at thai time declined liy the unde.i- siijned, for the reason iliat, as those channels were consideied lo be already free to the use ol both (Governments, by the law of nations, it was super- lliious that the comn:issi(Miers should declare them lo Ijb si. A settle- ment of this point has since become desirable, in conse({uence ol the ap- prehension ol collision from the diifering interests and vuiious sentiments of the people of the two Governments; some of the inhabitants ot (he State of New York, especially, having petitioned the Government at Washington to impose transit duties upon ail British propeity passing Barnhari'-^ island. This proposition made by the undersigned was not accepted by the commissioner of the United Stales. Sec. 51. Such being tne case, the undersigned alleges that, instead of its forming an objiiction to the allotting of St. Geoige's island to Great Britain, tnereby the main channel would be thrown entirely within the British territory, and constitutes the strongest ground why it should be so appropriated, under the parallel state ol this case with that of Barn- hart's island and the Long Sault channel, in order that such interruption of the British navigation, on the part of the United States, as has been al- ready sought for and threatened by some of the ciiizens thereul, may be held in check by putting in possession of thn British Government an opportunity to retaliate. There is no other mode of equalizing and se- eming the lights assigned to both parties under this commission, and there is no other method of making compensation to Great Britain lor the frank exercise of a principle towards her rival, which she expected that good faith would as cheerfully exercise towards her in tutn. "^ M (: t 62 [ Doc. No. 451. ] ti » Sec. 52. But why should the underfljined be laboring (o show, by ar- giiiiKMits, ih;ii the lules he has set I'oiih atiil (lecl.iu'd lo have been ex- ercised liy llie coiiiinissioiieis, in the (letenuiiiaiioii ol the boundary under the Gth arlicie, ^hould be applied to the establi.shing ol the bound- ary under the 7th article, when he can exhibit, by direct [nool, without argument, that the American coniinissionei* acluolhf consented to the application of these rules to the settlement ol the boundary line under the 7th aiticle, in all paits where the said coniinissioneis were, by their af!;i'eenient, able to fix and decide it? And as it ha.s been stated and prov<;d by the undeisigned that there was but one case un(i<;r llie Gth article in which the commissioner oi the United Slates objected to the establi.'ihment of the line equidistant from the respective main shores, (that was in legaid to the J)etroit liver, opposite lo Sugai, Ft)X, and Strong islands,) so likewise, under the 7th article, there exists but one solilaiy case in which the American commissioner has ol)jecU'd to es- tabli.-ih the boundary in the middle, eipiidintant i'lotn ibe main shores, in conlormity with the lules ^et i'orih ; and that is the inslaiice in contro- versy, ot the JS'eebisli channels, wiieieby the light to St. George's is- land is involved. Fiom the termination ol liiis controverted seciion, at the junction of the several channels above the Sugar rapids, thitmgb all the remainder' ol the course ol the water communication ihrouale and IMiilipeaux," then, (omitiing the next section of the ct»niem- pl ited boundaiy, wiiicli forms ibe second j)()int of dilFi-rence between the commissioners,) from lake Namec;in, thiougli Lae La Pluie, the river La Pluie, and the J^ake of the NNOods, until it became neccssaiy to turn aside to attain the said most noilh^vt stern point thereof, at which the boundaiy under the 7th aiticle is required to tcrniiiiate, i. c. through all the paits in vvhiih the cmiimissioners have agreed, the middle line was fust marked, throughout, e{|iii(iislant from the respective main shoies; where it did not inieisect islands — such line was established as the boundaiy ; and where, it intersected islands, its couis(.> w^s altered, and so "oiiilucled lo i)nc side of them as to allot Humii, respectively, to the Government on whose side ol the equidistant line the greater por- tion was found : thus compluiig fully with the rules set loiih. S.c. o3. The proof in support of these allegations is the same as was adduced to prove the application of the same lules under the Gth article, namely, the testimony of Astronomer Thompson ; the declaration of the commissioners descriptive of the boundary I n3 ; and the maps exhibiting that line, as actually delineated and ceitii el. Sec. o4. 1st. Mr. Thonrpson, upon th s t)( int, swears, in his affidavit marked A, set forth at length in the apj;cndix, " That the boundary line under i Upon tl main si except Super ii of the Sec. bound.i of Ocl( of this Tlie upon a I point ii tlirou:i!i said riv the opp as Was i tiie last bet wee I site inai the two opposite l)etueei Sec. , lablishei distant f " tliai paiticu Uockv Ste. i\J lean sir respccli nice (II ol I IK(! liuous tl Skc. briefly dencc, ooiiimis Gti(;ri(, was lor CDiivt-n bounda the No iidve bt are Ihel lowiiia: in boihl islands! tice, vvl [ Doc. No. 4rjl. ] G3 if, hy ar- ouiitlai y e boiiiul- witliout il to (he e uiuler by tlieir ated and r the Gill •li to I he 1 shores, Fox, and s l)Ul one t'd Jo es- shorcs, in in conlro- oifit's is- ^L'Clion, at , through I ll)ion<;h ion at tiie ican com- llie itiles line oqui- rtain liow heir intcr- , wliciovcr etl Slates) y, thmujih portion of irili ol isles he cunieni- e heiween 0, tlie river jiity to mrn which the e. thsoui^h middle \u-" (•live main tahlished as vus altered, •eetively, to greater |»ur- iame as was Gth article, ■ation oC ll>c IS exhibiting Ins affidavit oundary line under the 7lh ar(i('le was by ium (the deponent) measured and delineiled upon the stid maps, as near as p.i>sible ecpiidistant Iron) the respective main shires, by ilic directiotis ol ihe commis.-ioners, as lar as ihey agreed, except where islands intervened; and aino excepting ihatpniol lake Superior wheie the treaty requires the boundary to be conducted north ol the isle Royalf." Sec. 55. 2d. The declaialion of the commissioners s," as conclusivLdy lisiuii the kind of middle intended by the two commissioners; th it is, a *•' middle between two points upon the o|)p'.tsite main shores," which vi\n be no other than a line ecjuidistant between tiie respective m.iin shores. Skc. 50. '3.1. The ceriirted maps, exhibitina. the boundary line as es- tablished by the commissioners, will siiow tbat the line was lixed equi- tlistant from the le.^pective nnin shores, except where islands inieive- nin^ retpiired a departure, in order to coinjily with another rule set lorth, " tlMt islands should not be severed.'" The faet lieie in (piesiion will particularly appear from ihe gieat proximity of the boundary line to the Uocky islands contiiijuows to tin' ( liritisl:) Canada shore at ilu; .-it.a de Ste. Alarie, wlieie llie whole of the j;ieat {Manuel is left npoii the Amer- ican side of tlie line in consequence of the position, eqLiidisiant fiom the res|)cctive main shores, which uas <;iven to thai line ; also, Iroin the nice nieasuiement of the equidistant line throu<2;h the southeasieni part of lake Superior, by means of whieli Ci:i')ceiii i.-.lind was alloiied to Cieat IJritain. Oilier instances mij^ht be specified, but it appears super- liuous to multiply ihem. See. 57. The mulersl^ned would close this part of his report by bricily recapitulating and ur^inj^.wiih humility, yet with no little cordi- (lence, that wii itever may have been the motives which actuateil the commissioners iii their deliberations under the Gth aitide of the treiity of (ihent, and whatever may h.ive been tiie rules l)y which their decision was formed in relation to' that boundary in general, whether they were convenient or otherwise, the same ought to gtvcjin them in the present boundary under the 7th article, in every poition thereof, paiticulaily in the Neebish channels, as it has been shown thai, in all other parts which have been agreed upon, they were allowed to inlluence them. To this are the said c^ommissioners required, it has !>een herein hinted, by thr- fol- lowing principles: Isl. For the preservation of the right wdiich exists in boih paitiesto a fair distribution of the respective shares ol retain islands contiguous to the boundary line. 2d. Fiom the principle oi jus- tice, which requires the equal application of the same laws in like cases, -H 1 ''I 64 [ Doc. No. 451. ] to all parties. 3d. As a check upon the United States, that what has been u;r:in(e(i thetn in the possession ol' the Long Sault channel, near Barnlcirt's Inland, shall not he misapplied to the injury of Great Britain. '1th. To equalize the relative condition of the boundary between tl j parties, which is as much exacted hy justice as is liie distribution ol the isliinds and ol the water. 5ih. Fioui moral consistency and national good laith. The undersigned avers ihat he give his asacrU to the adjustment of the boundary lini', as estal)lished ijntJcr the 6lh article of the treaty of Ghent, only under the confi lent expectation that the line under the 7th article woidd he tleteruiined accoiding to the same rules ; that this ex- pectation induced the surrender (by means of the introduction of those rules) of much valuable territory to the United States; that the under- signed even then entettained the anticipation, which he at that time also expressed to the American commissioner, that the application ol those rules would allot St. George's island to Great Britain ; which opinion is confirmed by the surveys sut)sequently made under the direction of the connnissioners, by the personal ohservation of the umlei signed, and by the testimony of other person*, especially by that of Mr. Astronomer Thompson, set forth in his aliidavit <:t)nt:iined in the appendix, under let- ter B ; that the eommi-isioner of the United States ought, in candor, to have communicated his determination not to be governed by an equi- distant middle line under the 7tli aiticle, at the time the anticipation of the uiidersignenipires, by granting their claim to that which they have viitually ])ledged to another. " FamaiM cxtcndere factis Hoc virtutis opus. :!# Part III. Sec. .58. The preceding rt marks have been made upon the ground that certain principles had been gtner.dly apfilied by the commissioners under the 6th and 7th articles of the treaty of Ghent, to the seiilement of other p.-^rts of the boundary, and th.it the «'aine ought in justice to be applied to that portion uhich embiaces the Neebish rapids. Thus much for the equity of the case. Sec. 59. The undersigned will now endeavor to show lhat, whether such rules were ptaitically adopted (»r not, a line equidistant from the respective main shores is that middle which w.ts truly intended by the several treaties descr bing this bnun.lary, and that it corresponds with the law of nations in this l)ehall : allowing, however, (what both com- missioners state they had agreed to,) that islands should not be severed by the boundary line. Sec. 60. The undersigned is of opinion that the •' doubts" mention- ed in the 6th article of the treaty of Ghent, " as to what was the middle of the said liver, lakes, and water coniniunicat'ons, and whether certain [ Doc, No. 451. ] 65 hnt has el, near Britain, een tl j 1 ol the a I unod tistiiierit ri'iUy of the 7th this ex- ol those e uiitler- inie also ol those )ini()n is n ul the 1, anti by trononier indcr let- andor, to an equi- patioii of J in order I the same ir the 7ih ule incon- >\v liiinself lill'tientf s s to inMilt inpires, hy o anotlier. he pronnd niissioners st'itlemcnt Mice to be I'hus much t, whether It (rom (he Jed hy the ponds with both com- be severed " mention- the middle her certain islands lying in the same were within the dominions of hi", Britannic Majesty, or of the United States,'- did not exist as to the interpretation of those terms, but us to the aitudtioii of the '• middle of the said river, lakes, and water coiiiinuuications," in reference to the islands mentioned ajul to the main shores. The relative distances of the ojjposite main lands and of the several islands, reciprocally, btinj; nidcnown, for want of any authorized ami accurate surveys, and therelbre in doubt, the course which a line e(juidistant from such main lands, throujjh the " mid- dle of the river, lakes, and water conununications" should pursue, both in relation to such islands, and to its distance from the respective main shores, was also unknown; and, in consecpience thereof, "doubts have arisen." This explanation is conlirmed by the very words of the treaty. They do not state that doubts have arisen as to what was nieant by the middle of the rivers, &c., but '• doubts have arisen as to what was the njiddle," &c. The extent of the rivers, lakes, and water communications, and the rel- ative distances of the opposite main shores, were unknown at the period ol the forming of the albresaid treaty of 17b3, because no actual and ac- curate survey thereof had ever been n de ; consequently, the middle of ilie said rivers, lakes, and water communications, was likewise unknown and doubtful. "In order, therefore, finally to decide these doubts," they were "referred to two cosnmissioners," who were authorized "to employ such surveyors or other persons as they shall jndge necessary," and to " make a map of said boundary ;" that, by an accurate survey, the precise extent and distances before noticed n»iglu be ascertained ; that they, together with the line to be designated, might be plainly exhibited on such map ; and that so the commissioners might decide upon the doubts thus entertained, and to them referred for determination. The treaty makes mention of douhls which have arisen, not as to an expres- sion, but as to a fact, namelv, the fact " what was the nuddlo of said river, lakes, and water communications." In support, il any be required, of this constiuction of t!ie terms of the treaty, and to evince that there is an allowed and generally received and well-understood siguilutation at- t;>ched to the expression " the middle of the rivei," Sic, the undersigned would refer to Vattel on the Law of Nations, b. l,c. 22, s. 2G0— 3. " If neither the one nor the other of the two nations near the river can prove that it settled first in those countries, il is to be supposed that they both came there at the same lime, since neither of them can give any reason of preference ; and, in this case, the dominion of each will be ex- tended to the middle of the river." To show what Vattel means by "the middle of the river," as above quoted, the undersigned refers to s. 274 of the same book and chapter, where he employs the same words in respect to lakes. " If," says he, "this lake is situated between two states, it is presumed to be divided bi tween them at the middle, while there is no title, no constant and manifest custom, to determine otherwise." Now, it can hardly be con- tended that, hy a middle of a lake, a channel is intended, where all is deep and safe, and navigable, from shore to shore, for tens or for hun- dreds of miles. Where would the channel of lake Ontario, of Erie, of Huron, of Superior, be found .' waters all to be divided by a boundary line "through the middle" thereof, by the very commission which this report originates, and to which it refers. They might be one hundred, or two hundred, or three hundred miles in breadth, according to the direction 5 8 a 66 '[ Doc. No. 451. ] i I V 4 If of tho intended nfivicjation. As well may a channel of the Black and Caspian seas, or of ihe Mediterranean, nay, even of the Atlantic ocean, be soiiiiht for. The true anoundary. As the com- mentator upon the same section observes: " Uii lapis usum termini j)rajbet non qu;\ lapis est, sed (jua hoc loco positus ; ita et lluvius est rerminus populorum noi. qua aijua est, ex certis fontibus, vivis aliis que fluminibus eollecta,accerto nomiriO insignita, scd quaterus tali alveo iluit ■ alibus que ripis includitui," Sec. G8. In acrord with the above understanding of \'attel, of Von .Marten, and of Grotius and his commenlators, are the terms employed by Ijord Ilawkeabury and by Mr. King in the first article of the treaty by hem concludinl a> London, in 180.J. That treaty having been returned ;>nrati(ied by Mr. Jellerson, is of no moment. Tlu> causes which occa- 8ione«i him to return it, had rel'erence to extraneous circumstances; .'lamely : to a treaty made with another Power, wiiich affected the rati- 'ication of the one in question. The j)resent object is to exhibit the con- ceptions of the framers of it. Sec. 09. The first article proceeds thus : " 'l"he line heieinafter de- scribed shall, and hereby is, declared to be ihe boundary between the mouth of the river St. Croix and the bay of ]''m)dy ; that is to say, a line jeginning in the middle of the channel of the river St. Croix, at its mouth, ds the same has been ascertained by the comnussioners aj)j)ointed lor that purpose; thence, direct to the middle of the channel between i*oint Pleasant and Deer island ; thence, through the middle of the diannel between Deer island on (he cast and nojth, and Moose island and Campv) Hello island on the west and south, and round the eastern i)oint of Campo Bello island, to the hay of Fundy." The extended r)hrase, "the middle of the channel and of the river," clearly exhibits the opinion of the belore-mentioned plenipotentiaries, that, to procure a channel as a boundary, it was absolutely necessary to use the term " ehan- lik FDor. No. 451.] GO ic term ul with nadf U* a; (jiuu late tlu; lohaiinel se; the; • Hows ; Ic liver. law oJ |-, of the he iiiairi p ol the 1)0 estab- tions. y line a» iiy is the Slates, is "Sicut, i proxiine the same ver which han^e its gatijii, 01 1 ihe com- n termini lluvius est s aliis que alveo iluit el, of Von iploycci by i treaty by n returned hich occa- jiustances ; id the rati- »it the con- inafter de- jtween the say, a line roix, at its 5 appointed i\ between die of the loose island ihe eastern 2 extended rly exhibits o procure a erm " chan- nel," nnd that (lie oxprossion "(he middle of (ho rivci" was not sutricicnt lo desij^nate llie rhamiel ; but to do so, they say "tlie middle of the chan- nel of (hi! river." Sicr. 70. The undorsii^ned would resort fiirtlior, f(M- a ronfirmrd under- standi'ip; of the terms here discussecl, (o the treaty itself, by whiifi this eotnir.ission was established, and to that in which (his intended boundary was first de.sii;nated. 'I'ho expression used to denote the course of the line is, "throuss wounded by a refusal to admit an evi- dently right interpretation, than by an open infiaction. It is the same injustice, the same iiifKlelity ; and for one of them to involve himself in tlie subtleties of franke, the river Maligne, Lac La Croix, and lake Namecan, to a point in Lac La Plnie, below the Chaudiere falls, where (the (piestion of portages being ended) the several routes assun^ed by the commissioners unite, as repre- sented on the maps ; and from which point, to the most not tinvestern point of the Lake of the Woods, they have agreed upon and determined the boundary. Sf,c, 79. The Britisli commissioner was of opinion that the boundary should be established from the said point in lake Superior, along and near to the north and west shores of isle Royale ; thence, southwestwardly, through lake Superior, passing north of the islands called the Apostles, to and through tlie Fond du Lac, to and through the middle of the sortie of the estuary or lake of St. Louis river, to and through the middle of said lake and river St. Louis, to and over the Grand Porliige of that river; thence, continuing up the middle of said river, to and over the Portage des Ciuitcaux ; thence, continuing up the middle of s;ud river, to its junction with the Riviere des Enibarras, thiough the middle of the taid river and of its lakes, and through and over the portages thereof, and through the portage of the Height of Land, to the Vermillion river, through the middle of that river, to and through the middle of the lake Vermillion, and again continuing through Vcrniiilion liver anrl ov"r the portage thereof, and through the middle of its small lakes, to and through the middle of Crane lake, and to and thiough the middle of lake Name- can, to Lac La Pluie. Sec. so. The undersigned will now state the grounds upon which his opinions have been formed in relation to this part of the boundary, leav- ing his colleague, the American commissioner, to perl'orm the hke duty in'regard to his individual views, except where it may become convenient for the undersigned to refer to the same ior explanation. Skc. 8L Upon this portion of the contemplated boundary line there arise two prominent questions : 1st. Which of the several water commu- nications between lake Superior and the Lake of the Woods is to be udopted ? 2d. Whether the portages are by any nieans to be preserved open and free for the use of both parties .-' Sec. SZ 1st. Upon the result of the question, which of the several water communications between lake Superior and the Lake ol the Woods is to be adopted ? must depend the direction of the l;oundary line beyond isle Royale, and, consequently, the allotment of several small islands in lake Su{)erior. Sec. S3. That part of the treaty of 1783 which describes the portion of the boundary now under discussion, is in these tvords : " tli.ough lake Superior, northward ol' the i^les Kovale and Philipeaux, to the Long lake ; thence, through the niiddle of said Long lake and the water communicii- tion between" .t and the Lake of the Woods, to tlie said Lake of the Woods; thence, through the said lake, to the most northwestern point thereof." Sec. 81 in leference to the isles Philipeaux, mentioned in the treaty, it is to be observed that the commissioners who negotiated the tieaty ot 1783 emploved MitchelTs map of America fur the general purposes of desnibinj; the boundaries: that MitcheU's map has no pretension to any f^ f 'V*' 72 [ Doc. No. 451. ] 2d Bv referring the origin of their alleged existence authority ; that it is very defective, and extremely erroneous in numerous I)articul;»rs ; that, among other errors, it has a group of thiee islands, there denomioiited isles Pliilipcaux, placed to the southeast of isle Hoyalo, and one of them neaily as large as (he last-named island ; that in the surveys of this lake, performed by the direction of this commission, no such islanf's have [)een discovered, nor have any such been found by his Majesty's naval surveyois, who have been engaged there for several years imme- diately previous to 1825 ; nor are they known by the Indians, nor by any other persons familiar with those waters, either by this name, or by the location given them in the map. A certified copy of this part of Mitchell's map is placed in the appen- dix, letter D. Sec. 85. There are two modea of accounting for the alleged existence of these islands: 1st. By (he deceptive appearances of certain lands, resembling islands, in the direction assigned to the isles Philipeaux by Mitchell's map. to a literal lable of the Indians. Sec. SG. 1st. On the first mode of accounting for the story of these islands, the undersigned deems it not important to introduce any more '".wmal evidence (although it is at hand) than his own declarations. He has been informed, by a person familiar in making the canoe voyage ol the south shore of lake Superior, (hat in proceeding along (hat coast, from the river St. Mary wes(w;jrd, when (he highland of cape Kewawoonan lir.'.>t presents its(?!ito view, it has the appearance of a great island far at t-ea in the lake, precisely in (he supposed direction of (ho eastern part of isle Royale ; which is just the position given on Mitchell's map to the isles Philipeaux. Sec. 87. It is remarkable that in making the canoe voyage of the lake along the north shore, there also the eye is struck with the appearance of large islands (o the east of isle Royale, which are ascertained, how- ever', by the surveys of this commission, (and never before, as the under- signed believes,) to be elevated parts of the eastern portion of isle Royale, which may be seen at a distance when the lower connecting parts are invisible. The undersigned declares that, from his own repeated ob- servation of (he above fact, ho could not have been prevailed upon to doubt (he existence of several large islands in the range of isle Royale, eastwaro, if he had not received assurances to the contrary, from jiersons who had been engaged on the survey. The coincidence of this appear- ance, frorr) both the south and north shores, seems sullicient (o authoriif:c the alleged existence ui islands in those parts, when the craft of the lake did not permit -i better investigation. Sec. 88. 2d. As that alleged existence of (he isles Philipeaux proves to be fabulous, so the belief in them apjjears likely to have been suj/jiort- ed by a literal fable of (he Indians. The Indian i (ix (he residence of their Manitou, or Great Spirit, in fabulous spots, or in such real re;:ions of natuie as are not subject to be frequented by man. The magnitude of the (ircat Lake, as they term lake Superior, ailbrded (hem a fit habi(a(ion for him : lor (hf\v had no concep(i()n of any vessel larger than their canoes, which are obliged to hug the shore — no idea of sli!|;s which could ventuie lo tiavcrse all parts of this inland sea. Thus, secure as (hey (hou:;h( their Deity from intru- sion, ihey probably told the first Europeans concerning these sacred islands. [ Doc. No. 451. J 73 imeroiis s, there ale, and surveys islancis ajesty's s imin,e- by any r by the e appen- ixistence in lands, )eaux by existence of these any more ons. He voyage of oast, from .vavvoonan land far at istoin |)art iiap to the [)f the lake ippearance ined, how- the under- ile Roy ale, r parts are peated ol)- ed upon to >le Koyale, om persons his appcar- autiiorizc of the lake aux proves en siij'jiort- ,t Spirit, in ibject to l)e s they term hpy had no 2 obliged to tse all pari? from iiitrti- Lireii islands. Their belief also may have been supported by the deceptive appearances before mentioned. These travellers or traders, as yet navigating in j>anoes in the Indian style, and unable farther to scrutinize the story, gave credence to it, and attached to the islands the name Philipeaux, in honor of some of the-^ir princes, as isle Uoyale was christened after their monarch. Skc. 89. No such islands being found as are placed down in Mitchell's map under the name isles Philipeaux, isle Koyale (longer known under the appellation of isle Menon ) and the small islands around it, were in due course surveyed under this commission. Sec 90. In continuing the boundary line from isle Royale,(no islands by the name of Philipeaux being found or known to the westward either,) the next object was to ascertain the Long lake- On this point, as was the case in regard to the isles Philipeaux, both the American and British parties at tirst looked to IVIitchell's map for information. On reference to that map, Long lake was found to be placed at the mouth of Pigeon river, on the northwestern shore of lake Superior. In this instance,as well as with respect to the isles Philipeaux, Mitchell's map proved to be unsatisfactory, erroneous, and without authenticity. The western shore of lake Superior, including the discharge of Pigeon river, vvas surveyed by order of this commission. The result of that survey is delineated on the maps of the commissioners, which will ac- company their reports to the two Governments. From these maps it will be seen that there is no lake whatever, much less a long lake, between lake Superior and Pigeon river. That river emptier into a small bay of lake Superior, but such a bay as has no claim to be called a lake : increasing in width, throu^ch its whole distance, from the river to lake. Superior. Sec. 91. At the meeting of the commissioners, held in Montreal, on the 25th day of October, 1834, the agent of the United States presented a memorial, in behalf of his Government, praying the board to proceed forthwith to determine what was meant by the Long lake ; and submitted y the undersigned, (at the same meeting at which the American agent presented the memorial before mentioned, requiring the Pigeon river to he fixed at the Long lake, but at a later hour,) that the British surveyors would be directed to survey the St. Louis river, as alTording, in his )pinion, the most probably true course of (he boundary through the Long t fl m ki hi t, this statement is mr.de merely to preserve the succes- lake. At present, tnis staTemeni is mr.oe mereiy lo pIt;^^Jlvt; me ouv;i;ra biou of events in regard to lime. The subject will hereafter be resumed 74 [ Doc. No. 451 . ] ' ti I' liM Sec. 94. The grounds of the opinion of the undersigned, that the St, Louis river is the true course (or ihe boundary, are fiveiold : 1st. That it affords the most ostensible Long lake ; 2d. That it is an ancient commercial route ; 3d. That it is the most navigable, and interrupted by far fewer portages ; 4th. That it was anciently called "the Lake, or St. Louis river;" 5(h. That the language of the treaties infers that the boundary west of isle Royale should run to the south thereof, Skc. 95. 1st. The river St. Louis affords the most ostensible Long lake. The words of the treaties of 1783 and of 1814, describing this section of the boundary, : re, " thiough lake Superior, northward of the isles Royide and Philipeaux, to the Long lake." Sfx'. 9(J. On these words it is to be observed, that in all other parts of the treaty descriptive of the boundary line between hikes, the terms " through said lake to and (hrough (he water communication into the lake'- next in continuance are employed. In this instance, however, the words " to and through the water communication" are omitted. Sec. 97. This is, in fact, the only instance in which there is a pre- text for supposing that theie is no '•' wafer communication" connecting, or required to connect, any two lakes successively specified in (he treaty. In all other poitions of the l)oundary (he several lakes aie united by rivers. In conformity with (his view, the American agent and commis- sioner first thought of fixing upon the bay at the mouth of Pigeon river, (which has no water communication, river, or narrow passage, to connect it with lake Superior, but is united immediately, without any contracted separation,) as the Long lake. Sec. 98. Under this view, also, the undorsicned had regard to the lake by which the St. Louis river discharges itself into lake Superior. That river, af(er running through severrl lakes, towards lake Supe- rior, »vhen it approaches the hist named lake, itself expands into a lake upward'5 of nine miles in length, and from two-thirds of a mile to one mile and a third in breadth, (as may more fully appear from the aflidavit of Mr. Samuel Thompson, one of the assistant surveyors of the board, to whom this survey was committed, placed in the appendix under the letter E ;) after which it dischaiges into the great lake Superior, not by a bay, as does the Pigeon river, but by a narrow mouth iormed by two mere fjoints of land, and so affording no continued river, requiring the title of" water communication" between it and lake Superior, but con- nected intimately and immediately by a strait, without length ; so that, in proceding fVom lake Superior (o this lake wiiich diseiuirges into the St. Louis river, one goes at once fiom lake Superior into the Long lake ; all of which will be perceived more satisfactorily irom the majjs of the com- mission, a certified copy of this part of which will i>lso be found in the appendix, under the letter F. The dimensions of this lake, as just specified, and as exhibited on tlu' maps of this commission, perfectly merit lor it the appellation of "the Long lake." To this fact the undersigned solicits particular attention, in concluding his teinarks on the 1st head. Sec, 99, 2d. The St. Louis river is an ancient commercial route. Sec. lUO. To this fact the "ndersigned will adduce the testimony ol the honorable William JNIcGillivray, many years a partner of the North- west and Hudson's Bay Companies, a gentleman familiar with all the his- tory and tion of \ ecutive in the I an intell Sec. Septeml to this c under le with the been fixi Paris, du Lac, lake rec a route ( Woods ; pany, on of the til the Ame Sec. '. ken, was be lore ni 5(h of Carey, h intimate] liim writ ' W. M( vray. The tjlillivra^ affidavit Sec, the appt about till tober of| Sec;, British stance o| filed, it eleven Sec, liencedl led or P)| tries, bj next iiil tlie Pigi route w| Sf.c. labor oil river ? f'veiy visits ol f Doc. No. 451. ] 75 t the St, )0itage8 ; er ;" ary west oiig lake. is section the isles icr parts the terms into the ever, the is a pre- )nnpctinfi;, he treat), united by cl coinmis- ;eon river, to connect contracted i^ard to the Superior, ake Supe- into a lake nilc to one le allidavit the board, under the ior, not by led l)y two quiring the >r, but con- ; so that, in into the St. ig lake ; all d1' the coin- ound in the )ited on tlu* ion of " the ir attention, il route, estitnony ol the Noifh- 1 all the his- tory and geography of the regions in question, having spent a large por- tion of his life there ; he was, for a number of years, member of ihe ex- ecutive and legislative councils of Lower Canada, and was well known in the Bri.ish Provinces, in Great Britain, and in the United Slates, as an intelligent and honorable man. Sec. 101. Mr. McGillivray states, (in his letter dated the 4th of September, IS^il, addressed to the honorable John Hale, British agent to this commission, of which a certified copy is contained in the appendix under letter G :) " There is, however, another route of comntunicUion with the interior from lake Superior, and the one which should have been fixed upon as the boundary line at the time of making the treaty of Paris, into the west bay of lake Superior, known by the name of Fond du Lac, falls the river St. Louis, by far the largest stream which that lake receives into its bosom. By this river, atid in its vicinity, there is a route to the interior country, (to lake La Pluie and the Lake of the Woods;) it was practised from the year 1796 by the Northwest Com- pany, until that country was given up to the Americans, in consequence of the treaty of Ghent, and has since that time been constantly used by the American Fur Company." Sec. 102. The original letter, from which the above extract is ta- ken, was preseiited in evidence before the board, by his Majesty's agent before mentioned, and by the commissioners ordered to be filed, on the 5th of October, 1826 ; it being duly testified upon the same, by Henry Carey, Esquire, of the city of New Yojk, that he was for a long period intimately acquainted with Mr. McGillivray ; that he had very often seen him write ; and that the letter, and the subscription thereto of the name " VV. McGillivray," is in the handwriting of the said William McGilli- vray. The British agent stated, in presenting the said letter, that Mr- Me- (jillivray had died some time before, in London; which prevented his atlidavit having been produced to the substance of his letter. Sec. 103. The affidavit of Mr. Astroaomer Thompson, set forth in the appendix, under letter A, states that Mr. McGillivray left Montreal about the month of August, 1825, and that he died near London in Oc- tober of that year. Se{;. 104. It cannot be said that there appears any neglect in the British agent in not procuring thj oath of Mr. McGillivray to the sub- stance of this letter at an earlier period ; as, fiotn the date at which it was filed, it is manifest that, had he not died, there was an!}>le time, to wit. eleven months, in which the atlidavit might have been taken. Sec. 105. To the .same purport is the modest evidence of the expe- lienced Mr. Astronomer Thompson, contained in hisaiiklavit (appendix, let or B) before mentioned, as follows : " The route to the interior coun- tries, by the river St. Louis, is, in my Ijclief, the most ancient; and next in order, the old commercial route by the Great Carrying-place and the Pigeon river. Until the year 1801, the Kamanistiquia river and its loute was in a manner unknown to the British fur traders " Sec. 10(5. But why should the undersigned perform the superfluous lal)or of adducing proof of the anlicpiity of the route !)>■ the St. Louis river } It is a fact as notorious as are the name and situation of that river. I'-verv man acqu;.inted with the geography, the fir.st settlement, (if the visits' of travellers and traders may be so termed,) and the commerce I '^1 i- H 4 1 1 ( I il 76 [ Doc. No. 451. ] of the Northwest, knows it ; the spot marked " old Northwest Compan)''g Factory," in the map of the estuary ofthe St. Louis, (of whici) a copy is inserted in appendix, letter F,) is as penerally known to be the site of a French fort ; and if of a French fort, it cannot be denied that the acquaint- ance with it is of old standing. Sec. 107. The route intended by the treaty of '783 must have been one well known at the date thereof, or the ministers negotiating could not have taken cognizance of it. Sec. 108. If it be alleged that the Pigeon-river route is also ancient, the undersigned, without denying this assertion, denies that the Pigeon river route possesses the other qualifications required. It exhibits no such Long lake as the treaty describes ; and the only body of water, in the whole course of its communication between lake Superior and Lac La Pluie, which has any pretension to that appellation, is Crooked lake, with the waters connected thereto, west of the Height of Land. Sec. 109. Let an examination now be made, whether the Kamanis- tiquia river, claimed as the proper course for the boundary, by the Amer- ican agent and commissioner, is an ancient route, and whether it has the Long lake required. Sec. 110 That the Kamanistiquia river is not an ancient route, ap- pears from the I'.'ttcr before mentioned of Mr. McGillivray, filed in evi- dence before flie board in October, 1826, of which a copy is contained in the appen'Iix, letter G. The following is an extract: " This new communication [speaking of the Kamanistiquia river] can be no question in the present discussion, for it never was practised by the French as a communication to the interior, although they had tra- ding-posts on the river Kamanistiquia, near the banks of lake Superior ; and so little was it known, that, before the Northwest Company could venture to send canoes by it, a minute survey was made (by the writer of this) in 1802, in order to ascertain its practicability." And again, in the same letter: " To the new route from Fort William [which is that by (he Kamanistiquia river] they [the United States] have no pretension whatever, as it was never practised by the French, nor by the English traders until 1803. And one reason for the Northwest Company's aban- doning the Grand Portage [the comiTumication required to the Pigeon river] at that time, (which was done at a great sacrifiee,) was a fear that the collector of the customr at MichilimaUinac [the American island and garrison at the entrance into lake Michigan] would send officers to raise duties on our goods. This had been threatened, and I have no doubt would have been attempted, had we remained much longer at the Grand Portage." Sec. Ill To the same effect is the allidavit (B, in the appendix) of Mr. Astronomer Thompson : "That the agents of the Northwest Company assorted that they open- ed the route to the interior countries by the Kamanistiquia river, on ac- count of the duties threatened to be imposed on tiieir goods by the Uni- ted States collector if they continued at liio Grand Carrying- place ; and this route was not opened until the year 1801." Sec. 112. At the close of (he next (the 3d) point to be spoken (o, further corroborative evidence will be adduced both upon this and that head. Sec. 113 That the route by the Kamanistiquia river has not the Long [ Doc. No. 451. ] 77 .Company's I a copy is e site of a Q acquaint- lave been ting could so ancient, the Pigeon exhibits no f water, in or and Lac )okeii lake, id. B Kamanis- the Amer- r it has the t route, ap- filed in evi- 3 contained a river] can jractised by ey had tra- e Superior ; ipany could f the writer nd again, in hich is that [) pretension the English jany's aban- the Pigeon ) was a fear :;rican island id officers to id I have no onger at the appendix) of it they optMi- river, on ac- i by the IJni- 2;- place ; and »e spoken li», this and that not the Long lake required, will appear from the maps of the surveys executed under this commission. Not that the undersigned intends to refer to any map lis containing a survey of this river, except the British map, which ex- hibits the mouth tlicreof only, to show that there is no Long lake at that place. There is no Lon lake upon this route immediately connected with lake Superior, as required by the treaties, without contracted water t'ommunication. In proceeding from lake Superior, by the Kamanisti- quia river, the entrance is sudden from the great lake immediately into the narrow river last named; and that river is to be ascended nearly forty miles, over very long, difficult, sliallow rapids, to the Kakabikka or Mountain falls ; thence, about the like distance, to the Dog portage, which connects the communication with the Dog lake, after the trav- eller has been obliged to traverse twelve portages and decharges be- tween that lake and Fort William, near lake Superior, at the mouth of the Kamanistiquia river. Skc. 114. 'J'his Dog lake, notwithstanding its remoteness from lake Superior, has beetj claimed by the commissioner of the United States, conformably with the oscillations of the agent of the same Government, as the Long lake. Sec llo. After the intimation heretofore made, that the American ;igent had presented a formal claim to the board in 1824, calling upon the commissioners to fix upon Pigeon river as the Long lake, it would he difficult to comprehend how the Dog lake should now be claimed as the Long lake by the same gentleman, and by the commissioner in be- half of the United States also, without a sketch of the proceedings in relation to these subjects. To this irksome task the undersigned must submit. Sec. 116. In October, 1824, the agent of the United States presented a ine(norial to the commissioners, in the following terms: " Montreal, October 25, 1824. " The agent of the United States has the honor to ask that the board do now proceed to determine the proper place of departure of the bound- ary line from lake Superior to the northwest, \f ith a view to suj)ersede the necessity of any further surveys in that direction. That the Long lake intended by the treaty of 1783, to which the line is to run, from die north of isle Koyale, is a sheet of water now known by the name of l^igeon river, and is situated near the old Grand Portage ; and tiiat it is consequently the route intended to be described by the said treaty, he conceives is sufficiently substantiated by the following testimony, which he has the honor to present : " First, Mitcliell's map of North America, published in 1755, under the sanction of the Lords Commissioners for Tiadc and Plantations. This map shows the place called Long lake to be the mouth of Pigeon river, I as now called,) near the old Grand Portage. " That it was Milchell's map upon which the boundary line was de- scribed by the couimissioners in 1 783, as established by the following ilocuments, which he begs may be filed with the records of the com- mission. "JOSEPH DELAFIELD, " Agent of the Uniltd States:' am '■I !: 1 I IM)i1 :i 78 [ Doc. No. 451. ] Sec. 117. The documents alluded to are copies of two or three letters intended to show that Mitchell's map was used " through the whole ne- gotiation" which produced the treaty of 1783, and that the houndary lines of the United States were marked on that map. 'I'he memorial and documents are set lorth at length in the appendix, under the letter H. Skc. 118 The facts designed to he pioved hy these documents, as recited in the last section, have never been denied. But the inference then desiied hy the American agent, that Mitchell's map was ihcrel'ore true, conclusive, and obligatory upon the commissioners, was never ad- mitted hy the undersigned, nor would the agent of the United States now wish to admit it. It remains for the commissioner ol the United States to show how the inconsistency manifested by the American agent (which the undersigned is now about to exhibit, but wherein he is un- able to say whether the commissioner of the United States preceded or followed his agent) is to be excused. This he may perform with the greater address, as he also is interested in the same cliarge. Skc. 119. It is to bo observed that the prayer of the above memorial was relused in consequence of the dissent of the undersigned. Skc 120. The undersigned then expressed his opinion at the board, that the true Long lake was to be found at the St. Louis t iver, and that he should therefore require a survey thereof. Whereupon, the agent of the United States remarked, that in such case he would abandon the claim ma(fe in the said memorial, and advance a cbim to the Kamanisti- quia river as a boundary. Sec. 121. This threat, intended to induce the undersigned to relin- quish his views to the Long lake of the St. Louis river, was actually car- ried into execution at the meeting of the board in Oi-tober, 1S2G. Sec. 122. The object def-igned by this extended demand of terri- tory must be palpable — indeed, it is no new finesse. A party desirous of a certain extent of inteiest, in which he has no right whatever, makes a claim for double the extent required, that he uiay effect a liberal com- promise by conceding half. Sec. 123 The undersigned is of opinion that it was fully competent and proper for him, as one of the commissioners, to refuse to allow this second claim of the agent of the United States, as being inconsistent in itself, inconsistent with the practice of all constituted couits and I'ormal boards of appeal, and inconsistent with principle. But he was unwilling to exercise this authority, as it would certainly have been niade a pic- text for saying that the United States had thus been deprived of their strongest arguments upon the Long lake ; although it appears to the un- dersigned that they are of a far different character, and that (of what- ever force) the United States have forfeited their title to the benefit thereof by their former claim, to which they are bound to adhere. The undersigned feels it his duty to urge thit this gross departiue from consistenty in the American agent ought not to be allowed, but that tlic Government of the United States should be precluded by his first claim from making any other upon that subject, whereby, if the claim of Great Britain to the Long lake of the St. Louis be not satisfactorily established, (ns the undersigned considers it to be, and that it will be made to appear,) the only authorized route for the boundary line would be the Pigeon river. )u; lal{ [ Doc. No. 451. ] 79 roc letters whole nc- boiHjdary inetnnrial ic letter Tl. uments, as ? iniorence. ) ilicrtiCore i never ad- itod States the United tican agent n he is un- MCceded or rn with the e memorial 1. the board, er, and that , the agent ihandon the Kamanisti- ed to relin- actually car- 182G. nd of terri- irty desirous lover, makes liberal coni- ly competent to allow this consistent in ts and formal /as unwilling made a pre- ived of their us to the un- lat (of what- o the benefit adhere. iss departure allowed, but •ludc'd by his y, if the claim ; satisfaetorilv hat it will be ,ry line would Sec. 124. To return to the merits of Dog lake, considered as the Lonr lake. This lake has been known as the " Lae des Chiens," and by no other namo than that, or its interpretation, from the very liist recollections of the French settlements in that country ; and in this the French copied the Indians. In proof iiereof, the affidavit (A, in the appendix) of Mr. Astronomer Thompson is agnin quoted : " That he (the deponent) was about sixteen years in the service of the Northwest Company, either as astronomer and clerk to, or as a part- ner of, the said company ; that bo had to become acquainted with the language; that he never heard the Dog lake, (Lac des Chiens,) either by the natives, or the traders or their men, ever called by the name of the Long lake ; that the river v.hich forms the Dog lake, the lake itself, and the carrying-place out of this lake, (to avoid heavy lalls, and the river below, to tiie best of his knowledge, are called Dog river, lake, and car rying-place, ice, from the translation of the native name, Anin)Os Se- j)eo, ( Dog river,) Animos Sakahagan, ( Dog lake,) inseit, in the very same line, that, "for greater exactness," reference must be had " to the series of maps before mentioned of the surveys made by order of the commissioners." If it should be farther urged by the American commissioner, that the fact of this general map being allowed to be placed on the files of the board proves that the commissioners at that time intended to admit it as authority, the undersigned answers, that the commissioner of the United States well knows that the contrary is the case, not only from the objec tion made by the undersigned at the time that map was ofTeied to be liled by the Ameriiu\n agent, that it could not be admitted as positive, but only as "cx'/Jf/r/e" evidence, but also from the rule '•dopted by the commis- sioners, that whatever was ottered by either party should be entered on the files, not as evidence allowed, but for as much as it was worth. Sec. 127. Now, as respects the application even of this map to the present subject, the figure assigned to Dog lake hardly entitles it to be called Long lake by way of enunence ; although the undersigned is of opinion that the relative proportions of ii have been strained to the ut- most, to answer the object of the American agent, b) whose procurement that part of the general map was protracted. This opinion ii formed by the undersigned from his personal observa- tion and examination of Dog lake. Sec. 1'28. With this opinion accords that of Mr. Surveyor Thompson, contained in his affidavit A, before cited, as follows : " The shape of the Dog lake by no means entitles it to the nanje of Long lake." Sec. 1'' ). The maps will show that there are several other lakes in the several routes surveyed between lake Superior and Lac La Pluie, which much more merit, from their proportions, to be styled Long lake ; and it cannot be (piestioned that any body of water described by so significant a term must have been so denominated, " cxcellentia gratid,^^ from the pe- culiar applicability of the appellation. Sec. 130. The third point to be shown is, that the route by the St. Louis river is the most navigable, and interrupted by far fewer portages. To this point the undersigned refers in evidence — Pirst, to the map of this route made by order under this commission, and signed by the com- missioners and surveyors, which he begs to have compared with the mnps of the other two routes in (juestion, (although the survey of the Kamaii- istiquia route is defective, as has been already stated ;) all of which ex- hibit the portages with their respective lengths. Secondly, to the aifida' vit of Mr. Samuel Thompson, one of the assistant surveyors to the com- mission, (set forMi in the appendix under the letter E,) and to the affida- vits, A and B, of Mr. Astronomer Thompson. Sec. 131. The affidavit of Mi-. Samuel Thompson, who surveyed the St. Louis river, states that he is " well acquainted wiih the route by the Grand Portage and Pigeon river, having surveyed this route by the orders of his Majesty's commissioner under the Gth and 7th articles of the treaty of Ghent ; it has thirty-four carrying-places. The route by the St. Louis river has twenty one carrying-places ; and from its having but one river obliged jK'rior, region. •J In tl 23o,) i| route f called " Oti ous aiul less tori of tlie inated ;il)()i]t body ()| piecipf l.ir dill tance rising low thj distan( SecJ evidenl I" Doc. No. 4r)l. ] 8! Illative j)o- )Ciior and on in this to the im- caieful l;i lenceiuust s made by r, that tlu> lies of the admit it us the United the objec to be iiled e, but only le commis- entered on I'orth. ma}> to the es it to be ,ig;ned is of i to the ut- »rocuremerU lal observa- Thompson, shape of the •lakes in the Pluie, which lake ; and it 50 significant ' Irom thepe- the St. Louis •tag;cs. o the map of by the com- vith the maps the Kamati- of which ex- to the alKtla' s to the corn- to the affida- ■veyed the St. route by the by the orders 3 of the treaty the SL Louis but one river edi!;p, li nding to the hciplit of land, and from this heij^ht of land to another river, (Venmllioii liver, lltwiii;^ in a continued stream to the Lake of the Woods, 1 consider this routo as the most continuous water communication of the two." Sr.c. 132. The airidavit A,of Mr. Astronomer Thompson, states : "Along flic wlioie oircuit ol laUe Superior, this river (the St. Louis) has no par- allel lor beif);.f n:ivii;;abl(>, foi- its soil, eliinate, and the fitie extensive coun- tries it leads to. This lie deposeth from his own j)ersonal knowl- "&c. Skc. 1:53. The alFidavit li, of this f^entleman, alleges "that the route by the Pijieon liver h.is 31 carryin^^-places, that the route by the Kamanis- ti(juia river has 31 ('arryiny;-places, and several decharges, ( or partial un- loadinj^ of carji;;)es. ) When the water is higli, very many of its rapids are dan<;ei'ous, and in years of very low water it is almost iInpa^sal)le, from eontimu d shallows." Skc. 131. To the above the undersijincd would subjoin his own testi- mony: that he has pa^sed thi()U!i;h the Pigeon ri^'er route in a se.ison of low water, when ihere were 38 portages and 2 decharges between lake Superior and Lac I^a Phiie, (to wliii;!) plaee al; these calculations have ref- erence, in consequence of the controverted portages terminating there, although the lake of tlio Wools may be named p and that he has been o!)lige(l to j)erform 7 dt-chargcs besides [>ott;iges, between the same Lac l^a Phiie and lake Su[)oi lor, by the route of the Kam.inistiqiua river, at which time, returning with light canoes from the interior, it was necessary for the voyageurs (cam^e-men) to walk in the w;iter, and to lift the canoes .dong over the shallows I'm a distance of 20 miles, more or less, below the Kakabikka or Mountain Fall, in wiiich distance the length of portage also was greatly increased by the want of water. Sec. 13). Alajor Long, of the IJniied Stcttes army, made an expedition by the authority of his (Government to St. Peter's liver, and returned thiou-'h the Lake of tiie \Voo;ls and the Kamanistiquia river to lake Su- perior, wnile the surveys of this commission were in progress in these regions. In the report to Government of Long's second expedition, (vol. 2, p. 23.'),) it is stated that the (irand Portage ;ind Pigeon river form " the only route frequented till wilhin a few years," and tlie Kamanistiquia river is called the " new route." At page 237 the narrative proceeds: " On this route (the Kamanistiqiua) the portages are equally as numer- ous and n\ore extensive than on the other, nor are its other impediments less formidable. R.ipids and cataracts abound ; among the latter is one of the most magnificent cascades to l>e lound in any country ; it is denom- inated by the Indians the falls of Kakabikka or Cleft Rock, and situated about 3() miles upwards from tlie mouth of the river," &c. The whole ])ody of the river is precipitated in a dense sheet down a per()endicular piecipiee, more than 130 feet, into a deepchasm bounded by perpendicu- lar clid's of the heigiit just mentioned ; the banks of the river for the dis- tance ofnearlv one half of a mile below are completely insurmountalile, rising perpendicularly, and in mauy places overhanging their ban^. Be- low The falls of Kakabikka the river presents a continued rapid for the distance of about 20 miles." Sec. 136. As some objection was made by the American agent to the evidence of Mr. McGillivray's letter, (see sec. 110,) in consequence of :''t 82 [ Doc. No. 451. ] the want of formality — the cause whicli previously prt^vcnted the mattei there;)f being put into the foi in of an atlicJavit still opci atinjj, to wit : the death of Mr. McCiillivray, wiiich has hcen sworn to by Mr. rhompson — the allidavits of several most respe';table j;entlernen have been furnished to the uiuU rsigned, corroborative of the facts set lorth by Mr. McCiilli- vray. Although it is admitted that these atfidavits were not in evidence before the board — for the duration of the session did not admit of pro- <:urin}; theni after the objection to the letter had been made — yet the undersigned thinUs they are perfectly good as corroborative evidence to confirm the facts set forth in that document, to which it was impossible 40 procure the oath of the party. Sec. 137. The undersigned, therefore, invites particular attention to the affidavits hereafter to be specihed, formally taken according to law and to the order of tluj board, of whicli certified copies are set ibrth in the appendix to this rtpoit, to wit: Sec. 138. The alVidavit (1) of Colonel William McKay, many years a partner of the Northwest (Jompany, now, and a long time past, agent tor Indian affairs, who spent a large portion of his life in the countries northwest of lake Superior, and who, in the year 1801, first examined the water communication by tlie Kamanistiquia river, prej)aratory to a survey with a view of opening a new route for the traders. Sec. 139. The affidavit (J) of Mr. Jean B.iptiste I'omainville, for- merly a clerk of the Northwest Company, and since employed confiden- tiallj' for several years in the surveys under this commisoiou, both by the British and American parties. lie attended Colonel McKay in his i.Tvestigation of the new route in 1801. Sec. 140. The affidavit (K) of H. McGillis, P^sq., a justice of the peace for the eastern district of Upper (Canada, formetly a partner of the Northwest Company, who states (as did Mr. McCiliivray in his letter) that a second examination of the new route was niaile and the road marked out in 1802, by which the fur trade was in future to be carried on ; also, that he himself was engaged in the year 1803 on the new route, with a party of 40 men, making loads through the forests, and cleaninj; rivers and brooks of obstructions; and that ,'o all appearance this toiUe had never been practised, unless by the fev Indians whose huniing grounds lay in that direction. Sec. 141. The atlidavit (L) of David Cameron, Esq., also a justice of the peace for the eastern district of Upper Canada, formerly a partner of the Northwest Company Sec. 142. The affidavit (M) of John McGillivray, Esq., also a partner of the Northwest Compan} . Sec. 143. All these gentlemen testify in a most circumstantial manner to the same facts set forth in the letter of the honorable William McGil- livray, and to this general eliect : that the Kamanistiquia liver is a new route, opened since the year 1801 ; that it is longer, more dangerous, and more laborious, than the route by the Great Carryir.g-place and the Pigeon river. Sec. 14 i. Having finished with the evidence on the three points al- ready introduced, the undersigned would here pause, to solicit particular regard to this fact: that the water communication from lake Superior by the St. Louis river is more easy of navigation, more free from interrup- tion by portages and shoals, and more direct, if considered with refer- [ Doc. No. 451. ] 85 he matter wil: the oiiipson — furiiislied . McGilli- evidence lit ot pro- 5 — vet the kidenoe to impossible tention to inj; to law et ibrth in nany years past, aj^ent ! couiitiios examined I a lory to a nville, for- d conliden- lU, both by :Ka^ in his itice of the paitner of n his letter) ,d the road ) be carried ; new route, nd cloanini; t! this loiJto ose humin^ Iso a justice ly a partner [so a partner titial manner liam McGil- ver is a new D dangerous, 3lace and the ee points al- cit particular Superior by om interrup- 1 with refer- ence to the voynelow the west end of the Great Carrying- pbu'e, to be impracticable toi .he navigation of canoes, not only from what lie has himself seen of it, and from the high, rocky, sleep side of that river, but also from the disinterested accounts of those who have inspected this [)ait of the Pigeon river, from its frequent falls, &,c., having steep, high clifiTs on each side, where no landing can be eflected, an(' the adjacent country being extremely rocky and broken. In 1793 be geometrically measured the baidis of lake Superior, in the bay of the Creat Carrying- place, and found them 842 feet above the level of tbe lake ; and he be- lieves tbe Pigeon river, from the west end of the Cireat Carrying-place, must descend about two thirds of the above height, in a length ol' about eighteen miles, to its sortie into the lake." Sec. 1G9. The undersigned begs leave to add hit* own testimony, (agreeing with the above,) derived from personal observations. In the summer of 1825 the undersigned visited the I'igeon river. In descend- ing the river fioin the west end of the Giand Portage, be foiiiul a suc- cession ol'I'alls (closely connected) as far as he could, without extreme iaijor and hazard, force his road ; these falls were generally over per- icndicular locks, and measured severally (as was conjectured) from 25 In 45 feet in depth, being connected by rapids. The nndersigtmd was itilurmed by his canoe guide, an elderly French Canadian, that he had atletiipted .a year or more previously, wiien in the em|)l()y of the Ameri- can su.-eyor'under this commission) to convey a canoe from lake Superi- or, along the course of this river, to tlie west end of the Ciand i'ortage ; l^iil that he found the object to be impracticable, from the succession of i^ ':! 90 [ Doc. No. 451. J k 11- f *:! falls in the river, and of precipices on shore, which continue f. oin the west end of the Grand Portage till the river discharges into lake Superior. As to the last OjII of this river, about a mile from lake Superior, the undersi;;ned testifies thai it measures 78 feet perpendicular, the height having been ascertained by himself. The object of the American surveyor in endeavoring to force a canoe along this route must be apparent namely : to authorize an oath that this river was practicable for a canoe, without resort to the Grand Portage. A'ter the failure of the above experiment, the undersigned is at a loss to kiio'v with what authorized meaning the American surveyoi, ?.Ir. Fer- gus'^n, could write on his maps, oppo ite this part of the Pigeon river, " navigable for canoes." But the fact is so ; and the undersigned offers it in extenuation of this introduction of his owu evidence and of that of the guide. Sec. 170. It appears superfluous to add further evidence to this point. The mere fact of the existence of portages proves the indispensable ne- cessity of them. As the convenience attending the enjoyment of them is mutual, so would be the inconvenience consequent upon the estab- lishment of the boundary through them, as they lie at one time on this side, at another on that side, of the water communication, and thus inter- fere equally with the territory of both parties. The undersigned, there- fore, can scarcely be presumed to make any proposition for the render- ing of the portages free to both, except from a conviction that it was the intention of the negotiators of thi. treaty of 1783, in mentioning a " water communication" to the Lake of the Woods, that the boundary line was to be established in a practicable communication. In fact, whatever water communication may be fixed on for the gen- eral course of the boundary, the omission to make the portages free to the people of both Governments would amount to the exclusion of both from ingress and egress by that direction. Sec. 171. In connexion with this subject of Dortages, the under- signed, having submitted the original direct opinions of both the commis- sioners, with the grounds of his individual sentiments in relation thereto, now proposes to relate certain suggestions made by the commissioners, mutually, for a compromise of the differences existing between them iu regard to this part of the boundary. Certain of these suggestions being set forth at length in the 20th to the 21th sections of this re|)ort, as coj)- ied from the journal of the board, such sections are referred to for so much of the particulars as may be therein contained. Sec. 172. It will there appear that the commissioner of the United States proposed to the British commissioner, " that, in regard to their ditForences respecting the boundary between lake Superior and the Chau- diere falls in Lac La Pluie, (St. George's island being first appropriate)! to the Lfnited States,) they should both relinquish the lines which they had respectively assumed, and adopt, in lieu thereof, the following route, namely : Beginning at the point in lake Superior described as 100 yards distant from the island called Chapeau, near the northeast end of isle Royale ; and proceeding thence, to the mouth of the Pigeon river, on the nort!iwestern shore of the lake, enter ami ascend the middle of that river, and, 'eaving it at its junction with Arrow river, proceed to lake Namecan ajjd Lac La Pluie by the most direct and most continuous water commu- [ Doc. No. 451. ] 91 i f.om the Superior. )erior, the the height 36 a canoe h that this ) Portage. it a h)ss to , Mr. Fer- ;eon river. ned offers 1 of that of 3 this point, ensable ne- nt of them the estab- iine on this 1 thiisinter- ;ned, there- the rendcr- t it was the 12 a " water iry lino was or the gen- ages free to jion of both the under- the commis- tion thereto, Timissioners, 'een them in \stions being port, as cop- red to for so the United gard to their nd the Chau- approprinted •s which they llowing route, as 100 yards it end of isle I river, on the ; of that river, lake Namecan kvater commu- nication, as delineated on the reduced map on the files of this board, to which reference was already made." Sec. 173. " The British commissioner, on the other hand, still main- taining the claim of Great Biitain to St. George's island, and to the establishment of the boundary line through the Middle Neebish and th§ Sugar rapids, as before set forth, stated to his colleague the neaessity of his adherence to the same, as he considered that the application of the same principles which, under the 6th article of the treaty of Ghent, ap- propriated Barnhart's island in the St. Lawrence, and the islands at the head of lake St. Clair, lying between the boundary line, as there settled, and the American main shore, to the United States, would in this instance, require St. George's island to be allotted to Great Britain. Mr. Bar- clay, however, impressed with the propriety not only of dividing the doubtful territory between the two Governments, but also of preserving the navigation free to both nations, proposed to stipulate with the Amer- ican commissioner, upon condition of his agreeing to fix the boundary in the Middle Neebish and Sugar rapids, and to allot St. George's island to Great Britain, thatthe channel through the East Neebish and lake George should remain free for the fair and lawful commerce of both nations ; provided the commissioner of the United States would guaranty the like with respect to the channel running on the southeast side of Barn- hart's island, and to that channel through the islands of lake St. Clair which is contiguous to the American main land, and which is commonly used, because it is the easiest and safest. And as to the proposition of Mr. Porter, to conduct the line from lake Superior to the mouth of Pigeon river, thence, through the middle of said river, proceeding to lake La Pluie by the most direct and continuous wafer communication, Mr. Barclay consented to adopt a route from lake Superior, by the Grand Portage, to Pigeon river; and thence, by the most easy and direct route to Lac La Pluie, provided the American commissioner would consent that the boundary should be conducted from water to water, over land, through the middle of the old and accustomed portages, in those places where, from falls, rapids, shfillows, or any other obstruction, the navigation and access into the interior by water are rendered impracticable. Such a route, with all the portages, is here described by Mr. Barclay, for great- er certainty ;" the particulars of which route will be seen in the section last referred to. Sec. 174. It is here to be observed, that when, in the above propo- sition of the British commissioner, the channel " on the east side of Barn- hart's island" is mentioned, (meaning the channel between that island and the American main shore,) those terms are to be considered as de- scriptive of the particular channel intended, not as restrictive of the extent of what is roierred to; and that channel is alluded to "in ex'/enso," as far as it passes within the American line. Sec 175. The commissioner of tlie United States having declined accepting the modification of his proposal for a compromise, as above set forth, the undersigned shortly after made another proposition to him, to the fallowing effect: That, for the purpose of effecting a compromise, an object sodesirable to both parties, the undersigned would consent to relinquish the proposed establishment of the boundary through and over the middle of the portages, and to fix i: as a water line in the course of *i; n r I '^ 'II 1' ^■•m Nrfp-v, 92 [ Doc. Nc. 451. ] £^f the water communications described for that purpose by the undersigned ; provided he (the American commissioner) would unite in declaring ihe portages common and free to the h>ulul use of both nations, the under- signed always alleging that he deemed it a part of the duty of the com- Oilssioners to preserve the communication open. This proposition also was lately declined by the commissioner of the United States, by the advice (as he stated) ot his Government. Skc. 17G. To recapitulate biiefly: It appears, from what has been stated, that three principal propositions were made, between the com- missioners, in relation to this part of the boundary, and alfectingthe to[)ic of portages. 1st. The American commissioner wished to fix the line along the middle of the icater, even where it ceased to be navigable, in consequence of falls, shoals, or other obstructions. 2d. That the under- signed desired, in case of any such obstructions, to preserve the commu- nication open to the people of both nations, by conducting the line through the middle of the portages, from water to water. 3d. That, on the last proposition bring rejected by the American commissioner, the under- signed consenicd to fix the line (other differences, especially as to the route to be adopted, being first adjusted) in the middle of the water, through all paits, according to the proj)()sition first enumerated, as made by the commissioner of the United States, provided that commissioner woulil agree to declare the portages on both sides to be common and free for the lawful use of both nations. Sec. 177. As it is impossible to anticipate what consideration may hereafter be given to these suggestions of compromise, the undersigned would particularly advert to two vaiiations of the course described by the American commissioner, from that described by the undersigned, for tliis purpose. The course described by the undersigned is, throughout, the oiii commercial route, and the route invariably used by the traders, who enter or return by the Grand Portage and Pigeon river. IJut tin- water communication from lake Ka-sagenaga, by Sturgeon river, to the Sturgeon lake, and the deviation, by the Arrow river and Anew lake, from the main route, are difficult and l)ut little known. Thevarc never practised except by those solitary traders who are inde|)endcnt of com- panies, and who hope by these letired channels to enjoy a little trade, where their interlerence with the chartered company may escape molest- ation. Sec. 178. In evidence of these allegations, the undersigned again aj)- peals to the testimony of the experienced astronomer of this commission, (to which none equal can be procured,) contained in the appendix, A. He says : " The route from lake Ka-sagenaga to the Sturgeon lake was never known to or piactised by the ftir traders, except many years ago, to the people of one or two canoes, who collected furs on these waters. The Arrow river, from what I saw of it, is too shoal to be a route for loaded canoes." Sec. 179. With this opinion, as far as it relates to Arrow river, agrees the map of that river made by Mr. Ferguson, the American suivevor, and signed by the commissioners. On that map he states the stream mentioned to be a conlimicd rapid. Sec. 180. In fact it is too notorious to require proof, among persons in the least acquainted Avith these waters, that neiliier the Arrow river [ Doc. No. 451. ] 93 ersigned ; laring ihe he under- ■ the com- ner of the t. has been n the com- igthe topii.' IX the line ivitiuble, in the under- he coniinu- ine through ^ on the last the under- lly as. to the f the water, ed, as made omniirsioner common and cration may undersigned ^lescribed by ersigned, for throughout, the traders, er. Hut (lu- river, to the Ariovv lake, ey arc never dent of coni- liltle trade, scape niolest- ned again ap- 8 commission, appendix, A. Ue was never us ago, to the wateis. 'rbf lute for loaded \ river, agrees lean surveyor, tes the stream imong persons le Arrow river nor the Sturgeon river is an accustomed route : the reason assigned is, tliat they aie both more devious, and both attended with greater obstacles, than is the common route. Skc. 181. Jf the opinion of the undersigned be allowed, that the Lake, or St. Louis river, is the true course lor the boundary, then there appears no tlillieulty in respect to the direction which the line is to pursue Irom lake Superior to that point in Lac La Fluie at which the dilFer- ences of opinion cease between the commissioners of the respective Governments ; lor it is not pretended that there are two routes from lake Superior, by the Lake, or St. Louis river, to Lac La Pluie. 'I'here is but one witli vvL'ch this commission has been made acquainted. That one is, and long has been, well known by common report ; and is now lamiliuily and minutely known by means of the survey thereof ordered under this commission, and executed by one of the surveyors employed by the board; whicli survey is delineated with great exactness on the maps signed and certified by the co.nmissioners. In conformity with such survey and the maps thereof, the undersigned has described with great detail, (in the statement of the points of agieement and of dill'er- <• e between the commissioners, entered upon Ihei- rnal,) the course ..liich he considers and urges as the true directior , the boundary line jrom lake Superior, through the Lake, or St. Louis liver, the Riviere des Embarras, the Little Vermillion river, Vermillion lake, Great Ver- million river, Crane lake, Sand Point lake, and lake Namecan, to that point in Lac La Pluie, from which to the most northwestern point of the Lake of the Woods the conwnissioners have agreed. Every portage, also, upon this route, has been named and particularly desciibed, with the length thereof; the islands, also, are all designated by numbeis, both on the njaps, and in the description of the boundary claimed by the under- signed in behalf of his Government. The line there described proceeds u|)on the principles set forth in this report, and is as nearly as possible equidistant from the respective nniin shores. It is set forth in such a manner as cannot be mistaken, and it can be drawn upon the maps with such certainty as to leave no possibility of doubt, so that no farther or future survey would be required. For greater clearness, the undersigned begs (o refer to the maps, and to the description contained in the Journal ol the board, under date of October 23, 1S26, of which a transcript will be found in the 18lh section of this report. Sec. 183. That the connnissioner of the United States has not used such precision in his descriptions, upon the journal, of the ()oundary urged by him between the two points above specified, will appear from those descriptions, of which also a transcript will be found, commencing at section 17 of this report. They merely recite the names ot the water communications through which he desires the boundary to be conducted ; l)Ut the |)recise course thereof in relation to tlie innumerable islands is not specilied, nor are any of those islands designated by numbers, or otherwise. It was impossible, indeed, that he could be so particular ns was necessary, for want of an actual survey. In (act, his claim lemains entirelv uncertain, as to all the islands contained in the water coinmuni- cat'ons' named by him, in relation to (his part of the boundary. The same allegation, as to want of minuteness and certainty, applies to that route, which /ic proposed as a compromise, by the Pigeon river, (whereas »n : i m 94 [ Doc, No. 451. J the undorsisned has described every portage upon this line I'so, as it is specified I)J him ;) and the undersigned ventures to urge that this defect alone, if (here existed no other objection, sliouid prove fatal to the claims set up on the part of the United States. For it was the bounden duly of the commissioners appointed by the lespective Governments to deter- mine this boundary, to ascertain, describe, make known, and report, all the facts and circumstances necessary to a final adjustment thereof; for- asmuch as the treaty of Ghent provides that the umpire therein mention- ed " shall be requested to decide on the differences which may be staled in the said report or reports," namely, of the commissioners. If either party has failed to be so full and circumstantial, it is reasonable to con- cludo that he could discover no particulars favorable to his cause. Should this not be the reason of the deficiency in his claim and report, the same can be ascribed only to neglect ; and surely he and his Gov- ernment are not to be allowed the benefit in either rase, to the injury of the adverse party, which, from the omission, has been deprived of the opportunity of defence and resistance. Nor should any subsequent sup- plementary matter be allowed an introduction, which niisiht call for or require farther surveys. All surveys have been closed, and the sur- veyors generally have been paid off. The surveys which have been performed were effected at vast expense to both Governments. On behalf of Great Britain, men of talents were engaged, some of them brought from Europe at great cost and salary, defrayed exclusively by that Government. They will all have been discharged when these re- ports may be delivered, and it cannot be possible that the neglect or sinister design (if such a disposition can exist) of either party will be permitted to renew such expense and trouble to the other party. Sec. 183. On (he other hand, to conclude this part of the report: If the undersigned should be deemed not to have succeeded in showing satisfactorily that the St. Louis river, and the water communications de- scribed from it to the Lac La Pluie, ought to be established as the course for the boundary, he begs leave to urge that, at all events, the Kam- anistiquia river, and its water communication, should not be adopted. Besides the defect in the inherent qualifications of this route, com- pared with that of the St. Louis river, as already shown, there are two abstract objections to the conducting of the line by the way of the Kam- anistiquia river, namely, the want of a survey of '.hat entire water com- munic;ition, and the discrepancy of that course from the former claim to the Pigeon river route, twice solemnly made in behalf of the United States. The first of these has already been enlarged upon. With re- spect to the second, it is humbly yet confidently hoped that, should i'll the other arguments be set aside, the versatility of the American agent (with whom the American commissioner went "/jwi passu" in vacil- lancy) will here be checked ; that his repeated formal claim to the Pigeon river as a boundary, supported by a file of evidence, and the proposition of the commissioner of the United States to compromise for that river, will be required to be accomplished, (under the modification, however, offered by the undersigned, with regard to the Arrow river and Sturgeon river,) if the St. Louis river be not accepted; and, whichever of the two routes be fixed on, he desires to impress the importance of rendering the portages by some means free to the lawful commerce and passage of the people of both nations, either by conducting the boundary line through followi ridian grees, interse( the l lake." Skc. United Woods, After pose ab( ;i lumim evident" on the I J ne I with its commiss Skc, by the eral co< pronune States ii Sec. I'""* ; [ Doc. No. 451. ] 95 10, as it is Wis defect the claims iden duly i to doter- lepoit, all reof; , throiij;h the middle of said lake, to the water eoviiiiunication hetween that lake and lake Superior ; thence, through lake Supeiior," &c. He proceeds: "In lake Superior, the lij^hts of the United States are expiessly enliriied hy the line heinj; ci;estion is suhmilled, whether hy this onns^ion it was not intcn i.'d that the water communica- tion hetween lakes Huron and Superior slioidd he considered as pait of lake Superior, and that the i->lancls in tliis i iver, like those in lake Supe- rior, should ehielly belong to tiie United States." Skc. 18!). This ingenious ellort at argument savors too much of huv- Icsque to nieiit serious reply. It must he rt^fiited, howevei', lest hy the Iriends of siicli ingenuity it l)e taken '■'■ jtro confesso " The answer is brief, although threcd'ohl ; the first part drawn from the terms above (juoted, by the Ameiican agent, from the treaty of 1783. That treaty ex- pressly mentions a water couimimication between lakes Huron and Supe- rior, as distinct fjom either of those lakes; and befoie an attempt was made to eonfoutul two subjects which a treaty had distinguished by marked disi^i iinination, (those two subjects, also not impalpable, meta- ])hysieal, or iimuaterial, but lonnitig large and substantial features of the globe we inhabit,) there should have been shown us souie new rede of interpretation. Sec 190. The second part of the answer is derived from the geography of the region Ih (juestion. At the Sault dc St. Marie the water commu- nication becomes very contracted, the river itself very shallow, the (tur- rent violent, and nature herself has, by the sault or falls, separated the waters above from those below. Had it been convenient lor the Aiuer- ican interest to argue (hat the waters below the Sault de St. Muf ie, in which the disputed island of St. George is situated, actually constitute a part of lake Huron, the claim could be aigued with much better grace; for the liver expands as soon as it reaches the island, it continues very very broad until it arrives at the open waters of lake Hut on, and it would undoubtedly form a part, and a large part, of that lake, if the islands which separate its channels) were removed. Kiom this place (the Sault) to the Gros Cap, where the waters expand into the great lake Superior, being a distance of 14 miles, the river continues contracted, with the exception of one bay, so that it has no pretensions to be considered a part of tho lake; and there is no island in the whole distance, at least none worthy of notice, or at all questionable. Sec. 191. Tlic third part of the reply to this ingenious attempt is this: that old established names, |)ro[)erly applied, can never he allowed to be arbitrarily changed to suit the interest of a party or of a particular occasion. It is a notorious fact that the water communication between lakes Hu- ron and Superior has been known, time out of mind, or from the fiif-t French memoi ials, the earliest records ol liie country, as La Riviere de St Marie. Sec. 192. But the agrcnt cf the United States having displayed his in- lies rized of tilt B, in and pi this p( sectei shores, Sk( the spt lam! Mr. 1' S.) considf fidelity signed handw "St Total BritisI Ame/i •:o, [ Doc. No. 451. ] 07 It sets out :)t (lcsciil)« ly'd liver; tho iniilfllc 1 St. Cl'.'n- ,f s;»i(l l<oard of this conunission, which were known to all parties. There is his general testimony to the same point, consolidated in his affidavit al)f've recited. There is his report ol' the fotal area and of the two portions, divided by a middle line, of Si. George's island. Mr. Thompson is a gentleman of experience and abil- ity. He spent sixteen years in the countries northwest of lake Supe- rior, engaged professionally as an astronomer and surveyor; subse- :^uently he was apj)oint('d to serve this con-mission at its fust establish- ment, in the same capacity, in which he has continued for ten years, to the S'llisfaction of all parties. Hi;i accurate surveys evince his ability; as f(ir his credibility, the very admission of him to the appointment he holds should be a sufficient testimonial. To which may be added, that llie strongest approbation of his general character is expiessod by his having executed many years, and still holding, the oflice of magistrate in the rountv where he dwells. Sec\ 107. If any objection be made to the testimony of the surveyors, introduced in various parts of tiiis report, on the ground that the same was sworn to since the ari'uments upon the subject were closed, and that U was not put on the files of the board, the answer is plain. In tlu! joiunal of the board for the 1st Novetnber, 1S25, the following order is contained : " Rcfiolvcd, That such written documents as the agents of the respect- ive Governments intend to submit as evidence in support of their claima, ot l,ik(> [ Doc. No. 451. J 99 23,964 PSON. now only I in ques- behalf of ent of the ; provirieil pieferied Bie at that ), that this points, the t\l manner; , argunient, incipal sur- 1. Cioorge'rt to the fact [1(1 from tl • uson could ( be proved IP evidence; ption which Vlr. Thomp- A'hich were piime point, oport of the line, of St. ce and abil- hike Siipe- yor; subte- st estal)lish- 10 n year?, to his ability ; )ointinent he e added, that essed l»y his of magistrate he surveyors, that the same oscd, and that I. the following )f the respect - ( their claims, (exccptinci; the maps of the surveyors in the employ of thi^i oominission,) be first duly iuilhentifated, aji;ieeably to the loruis and usage of the country in which the same are procured." Sec. 198. Mere it is to be oliserved tiiat the inlroductioti of un- written evidence must also have lieen intended by the connnissioners, as is to be inferred by the specific limitation of this order to the mannei- of taking the ivrittea evidence, and not requiring all evidence to be in writing, and authenticated as there directed. Thus :he maps of the sur- veyors, and, of course, their calculations tq)on the same, are excepted. Among other unwritten evidence contemplated to be received, no doubt the oral testimony of t!ie surveyors stood fust. 'I'liey were swoin to fidelity, impartiality, and truth, when appointed, in conformity to this viesv,it was the prevailing custom, when any (question of fad in relation to the boundary occurred at the boi d, to call upon the surveyors for their oral testimony. Sec. 199. After such testimony had been given at the board, and the commissioners concluded that their dilVerences could not be accommo- dated, it became necessary that formal aHidiivits or reports, sigsied by the same surveyors, and ceitified by one of the secretaries of thi; board, should be procured, in order that the matter testified by them might be communicated in tin; reports re<]uiied to be made to the two (iovern- ments, without incnjiiing liability to the charge that the undersigned had no! related their testimony truly. This narrative will account for the causes why such affidavits and re- ports were not tiled in writing at the board, and why it was thought ne- cessary to procure them subsequently. Sec. 200. The American agent remarks, (page 2:) "It is contended that the more legal rule of decision, viz : that the middle of a river is controlled by its channel or greatest depth of water, should prevail." It is elsewhere siiown, in this report, that such rule was totally disre- garded under this con. mission, in consecpience whereof the Upper and Lower Loivi; Sault islands, and Harnhart's island, also half of the islands of lake St. Clair, were lost to G'reat Britain. Sec. 201. The agent of the United States next produces an affidavit of iSlr. Ferguson, the American surveyor, (o show that the principal channel lies on the east or British side of St. George's iiiland. This is not denied, as far as the term principal applies to depth; but, in respect to width and body of water, it is not admitted. The undersigned can- not omit here to intioduce again the testimony of Mr. Astronomer 'fhompson, (see appendix, B,j upon the sufficiency and advantages of the Middle Neebish channel, which runs on the west side of St. George's island. It is to the following elfect : ^' That, in general, the Middle Neebish channel and Sugar rapids have good depth of water, sufficient for the heaviest loaded battt;aux and canoes; and this Middle Neebish channel and Sugar rapids are always preferred, by such craft, to the other two channels; that tht; passage by this Middle Neebish channel is shorter by ten and a half statute miles than that of the Kast Neebish channel, and less exposed in gales ol wind." Sec. 202. The American agent, in commencing his argument in sup- port of his claim to certain islands in lake Superior, and especially to the isle P4tc, and others, as being the isles Fhilipeaux intended by the treaty, 100 [ Doc. No. 451. ] I' remarks that " isle Royale is as well known as the lake itself. No doubt bas ever existed as to the identity of isle Hoyale." Tiiis argunnMit, deiived I'roin the weit>;hly authority of general repute among the best-informed persons, has already been employed by tlie un- dersigned in the course of this report ; and he is happy to lind the American agent give his assent to it. He says '-no doubt has ever existed as to the identity of i^le Royale ;" and the undersigned alleges that no doubt has ever existed as to the nonentitij of t lie isles Philipeaux. From the eailiest ac(|uaintance which the undersigned ujade with these legions, and after the most careful investigation and personal examina- tion, he has always been informed, and is fully convinced, that there were never any islands in lake Superior known as the isles Philipeaux. and that there are no such islands as are represented by that name on the maps. All the islands in lake Superior have their approjjiiate names ; names known as attached to them Irom the earliest recollection, l)eing either Indian or French ; and some ol these names are those winch the American agent desires to expunge, in order to substitute tlic appellation of isles Philipeaux. With what view? it may be asked. Because, if (he isle Pate, and others in the same bay, could be made to appear to be the isles Philipeaux, the course of the line by the Kamanistiquia river would be tolerably well secured for the United States, since those islands are so near to the mouth of the Kamanistiquia river, and to the northwest shore of the lake, as scarcely to leave a doubt, after the line shall have been conducted to the north of them, thai it should terminate its lake route ir this bay by entering the Kamanistiquia river ; but it may as well be cc.itended that isle Royale is a misnomer. There is no doubt that the French appellation of isle Pate is of equal antiquity, and that it was affixed to that island when the F'rench took possession, or, at all events, before they lost the dominion of Canada. Skc. 203. In Mr. Astronomer Thompson's affidavit A will be found the following negati\ e testimony, in point upon the present occasion. " That he" (the deponent ) " was frequently in company with one of the French gentlemen who carried on the fur tiade at the conquest of Canada, an intelligent person ; and the deponent, to the best of his memory, never learnt or heard from J'lis French gentleman (Monsieur Reaume) that isle Pate was one of the isles Philipeaux. The Canadians name tin's island La Pate, from its high, steep clifl's, apparent lound form, and isolated position." Sec. 20i. The American agent, while on this subject in his before- mentioned argument, acknowledges "that the experience of all persons attached to this commission will satisfy the board that no islands of this name (Philipeaux) are now known to the oldest voyageurs and traders." If any real islands ever were known by this name since the French set- tlement of Canada, is it possible that they should be immersed into per- fect and perpetual oblivion, while for three quarters of a century the name of them has been tnade a prominent object of getreial observation, and of national interest in maps and treaties ? Sec. l?0o. In pursuance of the expression of the treaty, " northward of isle.i Royale and Phili[)eaux," the American agent argues that all ilie islands south " of isles Royale and Philipeaux, and it is presumed that it will not be denied that all of the islands south of a line drawn from the St. Marie's to the northward of isles Rojale and Philiptau,\, dc conse- quently belong to the United States." telle 4!b. '^I'om thl so doubt :d repute \f the un- iind the has ever il allejres lilipeatix. vith these exainina- [hal there hilipcaux. name on ite names ; ;ion, being which the i^ppelhvtion Because, if jpear to be iquia river lose islands ; northwest ! shall have ale its lake ma} AS H-ell doubt ihat I that it was , all events, ill be found ccasion. :h one of the t of Canada, lis niotnory, ur Rcaume) ns name this , and isolated \ his before- all persons lands of this and traders." e French sot- rsed into per- \ century the I observation, -, '^northwarii c-s that all the :'sunied that it awn from the iun, d« conse- [ Doc. No. 451. ] 101 Sec. 206. This position would unquestionably bo onntrovorted )y the undersigned, but it becomes unnecessary to aigue it, in ron.stMjut iic(? oC the isle Caribceuf (to which the American agent intended it to l)e ap- plied) having been appropriated to (Jreat Britain by tiie eonsent of the commissioner of the tinited States, the boundary line having bcMMi drawn so far through lake Superior in a course e(juidistant between the ro spective maiii shores. Sec. 207. It may be remarked, in explanation of the fact of the Hiitish commissioner who negotiated the treaty of I7H;{ having consenltMl to cede isles Royale and Philipeaux to the United States, that the latter Power was at that time very desirous of extending its territory as far as possible ; that its Government was then less ac(|uaint(Ml vvilh the (lanadaM than the British Government was; that th(i United Stat<^s siipiiowid tlw; islands above mentioned to be worth attaining, while 'Ik; Biitisb (iovern- ment knew them (as far as they were known in ish; Koyale) to b(! worthless. Great Britain, tiierelore, ai^reed to yi(dd them, as a ;;r(!at boon requested of her, and consented to run tlie line, in a r.urv(;d man- ner, norlhward^ so as to include them vvitbin the American II/k;, vSec. 208. The American agent, while arguing his < laim to the \r^^^■H Pat.' and Menon, as being the isles Philipeaux mentioned in ihe treaty, observes that " it must bo admitted that isles IMiilipeaux had soum; definite place in the minds of the negotiators of the ticaty of l7H:i," and that "he regrets it is not in !us power to olfer, in evid(;tice, ibe sune docum;Mits which guided them." This singular implied ass(i tioti, " that it is not in po we r to olTer in evidence the same dociirjients wbir-h guided" the negotiators of the treaty of f78.i, will appear lo proc«;(;d either from a remarkahl. forgetfulness in the American agiuit, or froin ;in ill-tounded opinion that such roiuarkablc for«;etfulness exists in the olli- cers of the British commission ; for the memorial of tfie said agent, pie- sented on the 2.Slh of October, 1824, and hied by older of tin; b-.ard, (which was a repetition of one pte-ented by the same agent in KelHu.iry of that year,) was accompanied by several documents, formally prepared, and offered in evidence, to prove that Mitclifdl's map was thai which was used by both Ameiiean and British commibsitniers through the whoh; of the negotiation; and he was then posses- ed ot tlie very map fnai/i'ly, Mit(heirs) which the American commissioners had e;nj)loyed, and lipon which the intended boundary was marked by them as agreed u|»on That memoiia 1 and the evidence are set f:jrlh in the appendix to this report, under the letter H. Mitclieirs map lays down R ovale. the isles Philipeaux near the east end of isle i'o etfect his object, then, of fixinii upon the isle Pat*' arel its neigh- bors tlie name ot isles Philij)eaux. the Ainerir-an agent bsks but a single and moderate libertv : l.>t. To abandon ihe map us'^d by the negotiators, upon the adoption of which lie forme; I V in«-i^ted. as the sole authoriiy ; 2J. To remove tlse poyilion of the isles Philipeaux a liitb: di^l.wi'ie, that i«, fron the ea-t end of isle Pioyale fir b'-yond the norlhwem » x- Iremitv of that island, being about sixty or seventy mibs; :>( 4!h 1. 'i'o annul old esiablishe*! Oiines, a id to '■iub'-litute new To 2ive authoritv to mans w hi eh iiever [iosse'-'^wf 1 any, a<4 antiear'S from the gross errors upon the lace o f ihe/ii and whicli weie pu'di»hfcd '1 l» ill • 102 [ Doc. No. 451. J when no accurate knowledge of the regions in question coukl b° pro- cured, except from those who inhabited or who had visited them. Sec. 209. Tlie undersigned is j)Crsuadcd that neither all nor any of tiif'se extravagant propositions, so contrary to reason and conscience, will be allowed by any urni)ire to whom these dilTeiences may be refer- red ; and that as much credit will be allowed to the agent of the United States for the boldness as ibr the ingenuity of his suggestions. Skc. 210. With regard to all the maps of the countries tlirough which this boundary is destined to pass, published not only anterior to the treaty of 1783, but even down to the date of the treaty of Ghent in 1814, and until the establishment of this con^mission, the undersigned alleges that they are not conclusive authority upon anyone point; in proof of which he depends upon two facts : 1st, That surveys of parts hereof were expressly required to be made by the treaty of Ghent, and that the remaining parts the commissioners deemed it necessary to survey, in cotilormily to the discretion given them l)y said treaty. Hereby the opinions, both of the commissioners who ne- gotiated the treaty of Ghent, and of the commissioners appointed to tix the boundary in compliance therewith, are manifested, that the existing maps could not be depended ujjon. 2d. That one and all of the maps of the countries in question, pub- lished |)rior to the surveys of this commission, are grossl}' erroneous upon the face of them. Of this fact the undersigned will adduce no other evi- derce than n\ay arise from a coniparisoti ol any other n)aps with the ac- curate authenticated maps of the surveys of this commission. Nor docs there appear any reason why the least conhdence should l)e reposed in former maps. They were not the result of Governtnent surveys ; and none but a national exchequer could sustain the expense of a regular sur- vey in these remote, uncivilized, and inhospitable latitudes, whither not oidy the nccessaiies of life must be transported with the traveller Irom afar, at great expense, but the means of transpoi tation also. How, then, it may bo asked, did those maps gain any resemblance to the true face of the regions they purport to delineate ? The undersigned has witnessed, as every other traveller in these (psarters may have witnessed, the man- ner in which this general resend)lance is eifected. The in(piisitive tra- ders or clerks, in performing these voyages, with the hopp ol in)pro\iug their knowledge of the geography of tlu! country, sketched fro»n the eye as they proceeded. What could not be seen by them was frequently connected in their sketches with what they had seen, by means of (he narratives of other peisons, cither white men or Indians, who might l)e inquited of to state what they knew. These sketches Ibund tluir way into map-makers' hands, and were published, with the best pulf they could invent, to give a little re|)utation The sketch-maker (Inl)bed himself "captain," to lend probaijility to his survey, and procured the "•geogra- pher to the King" to stand sponsor for his bantling. Sec. 211. The next argumeiit of the American agent, with a view to give body to the isles l*hilipeaux, and to lix them to the north and west of isle Royale, is as (bllows: '' it (the tieaty) leads, thence to the noith- ward of isles Koyale and Philipeaux." " The bouncJary hue description recites the names of places in their consecutive order, with the ulmost regularity," ike. " In no instance are their geographical positions le- versed. Progiessing, theielore, from the eastward, over lake Superior, J in thei at thai future missioi tiated of kno erally inlbrrn settle whole rous repot I *' in ot Sfx: article bounc ively which veys t( Skc the li that p; ^'roix, not \ power reijud Skc "ill Ol red to I e\actl next |)j i", Le pro- I nor any on science, f be reler- ihe United ugh which the treaty 1814, and lieges that )f of which to be made imissioners given them IS who ne- linted to fix he existing sstion, pub- )neousupon ^ other evi- ,vith the ac- Nor docs i reposed in irveys ; and legular sur- wiiitlior not iwcller Ironi How, then, ; true face of s witnessed, h1, tlie nian- piisitive tra- ()1 improving Horn the eye js IVoqiiently means ot" llie ho might be nd thtir way ill' they couU bbed himself he "geogra- ith a view to jith and \MSt to the north- ie description (h the nlimist positions re- aliC Superior, [ Doc. No. 451,] 103 is not the isle Royale of the treaty approached before the isles Phili- peaux ?" Sec. 213. To this the undersigned answers: 1st. That the American agent having shown by his said memorial, witii evidence, filed on iht- 2dth October, 1824, and set forth in appendix hereto, under letter H, that it was Mitchell's map which was employed by the nogotiatois ol the tieaty of 17rti'3, and that n»ap having the isles Philipeaiix fixed to the cas: of isle Hoyale, the inferences are, that the negotiators must have consid- ered that maj) as accurate as any they could procure, and that the prece- dence given to isle Royale, wiiile the map under their eyes placed the isles Phiilipeaux farthest east, probably arose from the fact that isle Royale being we" known, while the existence of the isles Philipeaux was (to say (he least) doubtful, they gave precedence to that which was known lo be real, and assigned a secondary station to that which, for auglit thai was known, was imaginary ; intending, howevei', to assign to the United States such islands as were laid down on iMitchell's map under the name of isles Phiiipeaux, if in existence. 2d. That tijose negotiators gave no credit to any m'aps, surveys, or re- ports, and felt no confidence in the information thence derived rel ilive to the countries through which this boundary was to pass. K the knowl- edge already possessed by them, or wiUiin their reach, was accurate, and, in their opinion, sulficient, it would have been moie fit that they should at that time definitively fix the boundary, than leave it as a soiirce for future litigation and expense, and a subject to be reierrcd to future com- missit>ners. The same remarks ap|)!y to the commissioners who nego- tiated the treaty of Ghent ; they, too, notwithstanding the accuinul ttion of knowledge which the lapse of thirty-one years must be supposed gen- erally to leave behind, still thought there existed suuh a deficiency of inform;»tion upon the subject of these boundaries, that they declined to settle the same by the said treaty, and thought it expedient to refer the whole matter to several boards of conunissioners, organized witli nume- rous subordinate olhcers, and with powers to examine, survey, observe, report, argue, and determine, as if the subject in hand were yet entirely *' in obscuro .'" Sfoc. 2! J. In conformity to this reasoning, as the 4th, 5th, 6th, and 7th articles of the treaty of Ghent i-elate to four distinct poitions of this boundary, and to the commissions by which the same were to be respect- ively settled, so all of thetn (with the exception of the first of the foer, which has reference to a mere question of chartered rights) direct sur- veys to be made, and expressly signify the defects there existing, Sec. 214. Thus, the 5lh arlich/states : " Whereas neither that point of j I the highlands," &c., ''has yet been ascertained," &c.; "and whereas that part of the boundary line," ^c, " fiom ihe source of the river St. Croix," &;c. &c., " until it suikes the river Iroquois or Cataraguy, has not yet been surveyed," &c. &c., "the said commissioners shall have power," ice. &c., "and shall cause the boundary afon^said," " to i)e sur- veiff^d and marked," and "shall make a map of the said boundary." Sec. 215. TheGih article states: "Whereas t/(>w/>/.f /uit'C flrt.v«;/i," &c., "in order, thend'ore, finally lo decide these doubts, they shall be reier- rcd to (wo commissioners, to be appointed, sworn, and authorized to act, exactly in the manner directed with respect to iho-e mentioned in the next preceding article." ■|! t '^m V'l 4 'it 104 [ Doc. No. 451. ] 4 :'*,:,.r Sec. 216. Under the 7th article the commissioners are directed "to cause such parts ot the said bouruhiry as require it to be surveyed and marked ;" and they deemed it necessary to have the whole surveyed. Sec. 217. The undersis^ned appeals to the common sense ot" any rea- sonable individual, whether ail iormor maps and information are not en- tirely lejected by the plenipotentiaries of the two Governments in these expressions employed by them : " has rot been ascertained," " has not yet been surveyed," and "the said f^mnmissioners shall cause the same to be surveyed," and "shall make a map thereof." Sec. 218. In order to prove the Kamanistiquia river to be the true course lor the boundary, the American agent next states that " Charle- voix, who made a voyaj^e over the lakes in 1721, has on his map a French <\)rt at the mouth of the Kamanistiquia; and Mackenzie, who was there in 1789, states that the Kamanistiquia is (be old road." Sec. 219. It is by no means improbable that there was of old a French fort (a retreat from the Indians) at the mouth of the Kamanisti(]uia ; iur it is a I'aot, notorious to every person who has made the voyage of lake Superior, that as the Indians enter all parts of the surrounding country, and return by the rivers, for the convenience of canoe navigation, to transport themselves, their wigwams, (or tents,) and their furs, so the white traders erected their establishments at the mouths of almost all of these rivers, to facilitate their exchange of merchandise for furs, and to afford protection from the Indians while engaged in this occupation. This was the case, and continues at the present day, in some rivers by which the white traders have no extensive communication into the inte- rior. Thus, in ascending froni the river St. Maty, along the noith shore of lake Superior, there is a fort at IMichissicoten river; another at the Peak river; there was formerly another at the Mines; another is at Nepig>n liver; another at Kamanistiquia river; another was placed at the Pigeon river, above the fidl, at the west end of the Grand Portage ; another, in decay, marks the ancient route of the Lake, or St. l^ouis river, as appears on the maps. Sec. 220. Whether the Kamanistiquia, therefore, was or was not a route for the white traders into the interior, is not proved by the fact of a fcr^ being there situated. It would have been contrary to general j)rac- ticc not to place a fort at the mouth of that river, or of any other by which the Indians descended and ascended. As to the evidence of Mackenzie, that the Kamanistiquia is called the "old road," it is too indefinite for any other purpose than to fix the appellation of "the old road" upon that route. It is not susceptible of any definite interpretation of the term " old;" and if that term be used in a relative sense, as the American agent desires, it doe.'? not appear to what it relates. From the best authority which could exist, and from genei'al authority, the undersigned ventures to allege that the asseition contained in Mackenzie's book, upon this jjoint, arose from mistake, if it w:.9 designed to distinguish the route by the Kamanistiquia river as the " old road," in preference to the Pigeon river and St. Loin's river. Sec. 221. In opposition to the conclusion whicli the American agent would here deduce from the above doubtful expression of Mackenzie, the undersigned introduces the testimony of Da\id Thompson, Esq., as set forth in his a{?idavit before mentiojied, under letter B, in the appen- dix to this report. [ Doc. No. 451. ] 105 >cted " to feyed and iveyed. f any rea- iie not en- ts in these lias not yet 10 same to le the true ; " Charle- his moj) a B, who was Id a French tiqiiia ; for \s.i-i ot lake )^ country, ,'igation, to uis, so the linost all of furs, and to occupation, e rivers by to the inte- ; the noith ; another at mother is at iS placed at id Portage ; ir St. Louis r was not a the fact of a ;eneral prac- my other by is called the an to fix the isceptible of erm he used lot appear to ist, and ftom the assertion na mistake, if L river as the s river, lerican agent Mackenzie, son, Ki^q., as in the appen- Sec. 222. That affidavit states that " the agents of the r pon which question depended entirely the course of the boundary and the extent of the surveys ; but its farther instructions impliedly and virtually decided the question. They direct — proceed as early as practicable in the spring (o complete the surveys yet required along the water con.rau- riications from the mouth of Pigeon river to the most northwestern point of the Ijake of the Woods." Sec. 232. It is surprising that the ingenuous agent of the United Slates should have allowed himself to introduce, in connexion with his mere assertions, authentic matter which goes so clearly to overthrow the very j)osition he takes, that the commissioners "impliedly and virtually decided the question." The undersigned would appeal to the candid opinion of any rational man, whether, trom the fact of the commissioners having declined to determine the question, when solemnly and formally called upon by the American agent so to do, the inlerence — nay, the term in- firance is too weak, the conclusion — is not diametrically opposite to the deduction attempted by the American agent, to wit, "that the commis- si;)ners expressly and eiiOCtually refused to decide the question what was the Long lake ;" and the subsetprent order of the commissioners " to com- plete the surveys yet required along the water communications from Pigeon liver," which the American agent endeavors to force into the service of his argument upon this point, was certainly neither more noi'^ less than would liavc been issued by any person possessing a habit of doing business in a methodical manner, or of directing it to be done so I t! ' ^f 108 [ Doc. No. 451. ] lit by others. The water cominurications above specified had been par- tially surveyed ; the surveys, genc'rally, were not sulficient to enable the commissioners to agree upon the Long lake ; ihey therefore directed the surveyors "to complete the survey*" ol those w;\ters, which hud pre- viously been but partial, as the next step in the long progress required. But purely it cannot be implied, from this order, that the commissioners designed that no further survey than is therein specified should be made. Such a deduction would exclude the sur^ "ys f)erformed in lake Superior, and froni lake Superior through the Neebish rapids, as ihey had not been effected at the time the order wa:3 given. Indeed, to show that such lim- itation of the surveys was certainly not intended by one of the commis- siojieis, and that it could not have been expected by either, the under- sigued alleges a fiet, notorious to every ollicer of this couuiiission, that he, the undersigned, from the commencement of the duties under the 7th article to this day, ahvays expressed his belief that the true Long lake was ti) je found at the dischari^e of the St. [.,ouis river ; consequently, that surveys would be required from lake Superior, through the St. Louis river. The undersigned is the more particular upop this point, because the American agent proceeds directly to object to the conduct of the un- deti'igned in relation to the survey of the St. Louis. Skc. 233. The American I'gent next states the renewal o( liis memorial requesting the board (in October, 1824) lo decide what was the Long lake. He states evidence in support thereof, gives a Itng history of hi.s opinions, of occurrences, .ud of facts, connecMng the conduct of the undersigned therewith as his exculpation for abandoning the claim and arguments made, and the evidtMice adduced ./ him in tbat memorial in behalf of his Government, and lor assuming a ne>v ground, encroaching upon rights avowedly British, according to his former claim and ad- mission Sec. 234. Th'^ undersigned liere begs leave to refer to the memorial and evidence v upport thereof of the American agent, above alluded to. It is set forth in section 116, and in the appendix, letter li. This claim, like the Ibrmcr, urges the commissioners to determine the mouth of Pigeon river to be the Long lake. Skc. 235. The American agent allows, in his argument filed October 5, 1.S26, that, ?.fter the presenting of Ins memorial and evidence above set forth, "the British agent, (page 24,) as before, interposed a counter memorial, suggesting the expediency of further surveys, without specify- ing them;" that "the determination of the Long lake was postponed." And it was ordereci as follows : "If it shall be ascertained that (he season shali admit of further operation, without hazarding the certain completion of the work already prescribed, the surveyors may be employed during the remainder of the season in making such further surveys and examina- tions as either of the commissioners may direct and deem important to t!ie better undeistanding and designation of the true course of the boundary line." Tins latter provision wafs made in consequence, exclusively, as far as the undersigned was informed, of his having urged the survey of the St. Louis river; to direct the execution of which the American commis- sioner declined to unite in an express order, but consented to give the opportunity of having it effected by this discretionary provision. Tlien, with a view to avoid the charges of surprise, and of an "cx/Jarfe" |)ro- ceeding, as subsequently made by the American agent, the undersigned [ Doc. No. 451. J 109 been par- enable the re directed L'h had pre- ss required, nniissioners Id be made, e Superior, lad not been at such litn- :he commis- thc under- nissioti, that 3 under the le Long lake quenlly, that e St. Louis lint, because ct of the un- liis memorial as the Long listv-^ry of his jduct of the lie claim anil memorial in encroaching laim and ail- the memorial I'e alluded to. This claim, [he mouth ot filed October idence above ised a counter thout specify- s postponed." hat e intention to issue that oider was given at the board, and enterci on the journal, neither the agent nor the commissioner of the United States objected to its rtmilaritij, although they both appeared averse to the proposal ; and neither the jouinxl nor the liles will exhibit any evidence of itpposition to the measure, until the final discussion took place. So lar from any positive opposition having been made, in behalf of the United States, to the survey of the St. Louis river, the undersigned repeats that th(; order of lh(> board, allowing "such further surveys as might be directed hy either commissioner," was acquiesced in by the American commis- sioner, at the recpiest of the undersigned, ex;>rcss/i/ to admit the survey of the St. Louis river; and to all these circumstances, while in progress, the American agent was privy. Skc. 242. Alter the last sentence quoted from the argument of the Amei ican agent, (page 25,) tie concludes with that which is the point he finds it most necessary to defend: "Accordingly, another routes more conformal)lc to the treaty, as evinced l.'y the facts now ascertained, is prelerred by the agent of the United States." This point he labors willi as much ingenuity as the case admits. []e proceeds: "It is not meant that the undersigned has at any titne conceived that his right to adopt this route had been abridged, lie con»plied,as he thought, to the liberal spirit of compromise which appeared to have harmonized conllictitig opinions; and when he olVered certain docucnenls corroborative of the Long lake of Mitchell's map, it was with this view alone, 'i'hese docu- menis are no longer to the puipose, and he is the better pleased with this new direction given to the sul)ject by the ex parte instructiorisof the Biiti'-h commissioner, because it relieves his claim from any iiicon- sisti'ncff with his foimer memorial." He adds, "that he will proceed to show that the Long lake of the treaty is the present Dog lake of the traders on the Kamanistiquia river." This passage, and this long history connected with it, are an eft'ort of the agent of the United States to palli- ate the unpiualleled inconsistency ol the vast change of claim made by him in behalf of his Government. Sec. 243. His first claim was twice solemnly urged before the com- missioners, originally in February, 1824, and aftt?rwards in October of the same year. It was put forth as incontrovertible, and as resting upon conclusive grounds, to wit, that Mitchell's map was that which was used by the ministers who negotiated the treaty of 1783, and that this map placed Long lake at the mouth of Pigeon river, and carried the boundary through the same. Neither of these facts was ever denied, either ly corro!)!) i-) m HJe sana'^ terms I not 1)0 Si-:c. to pjoci Pigeon jcct ; at he mig! claim t( 1)0 mad promisi langem object "Tiie sistenc^ Sec. I Long li to rerai 'ss ngree- ' iuitlioiity aulliorily- ise. 'i'hc of the Si. rituincd in ohUgatonf 111 instiuc- (lin United ren hy the licli is ru)\v hen notice rul entero'l iito(i Statc:H iise to thi! y evidence ce. So lar the United ats that the he directed jn commis- le survey ol n progress, ment of the he point he route more ■ertained, is ! hihorswilh s not meant «>ht to adopt ;o the liheral I eonllietitin; lalivc of the These docii- pleased with ictionsof the any incon- II proceed to : lake of the long history ates to palli- im made by ore the cotn- n October of resting upon ich was used that this map the boundary jd, either ly [ Doc. No. iril. ] lit the agent of Great Britain or hy the undersigned, his Majesty's coinmis- xioner But the undersigixid nitist allow that the conclusion aimed at l)y ihe agfitit of the United States, that such map was decisive evidence, was (ilivtii/s denied ; thi; reasons 'or which denial are elsewhere assigned. ihe iuapplieahility of the terms '' ex jrirh','' in this case, (as ust-d in the last quotation from the meujorial of the American agent,) to an order given in strict conforunty with the mutually concerted nieasure of both parlies, luis already been idiown. Skc. 241. When the American agent states that " he complied, as ho thought, to th(! liberal spirit of compromise which upjntared to have tianuonized conllicting opinions, as his motive for olliring documents cor- roborative ol the Long lake of Mitchell's map," toe gentleman appears to hav(! forgo'ten the duties of his otlice, in his eagerness to lurnisli an exculpaiiotj for his inconsistency, and that he had neither authority nor right to make any compromisi; of the just claims of his tiovernment. From wliat circmnstances arising in the commission the Ameiican aijent discovered that '-ilie spirit of compromise appeared to have hannonized conllii'Ling opinions," the undersigned is utterly at a loss to conjecture ; lor tint agent has asserted, in the sauje memorial, that tiu; agent of his Majesty always presented a counter menioiial to the resperiive memo- rial.-, piesented by him upon this sul)ject. It is well known to all the ofiicers of the commission, that neither the agent nor the comtnissioner of his Majesty ever befoie that time contemplated a compiomise with respect to the Long lake, as lar as their sentiments at the hoard were evidence of their intentions. The undersigned declares that, on their part, no compromise was ever designed. The fact itself is of no impor- tance ; but this artifice, in excuse of such lamentable inconsistency, can- not be permitted to pass without exposure, Skc. i-15. There is one other point, arisingoutof the passage last quo- ted, which retjuires notice. If the compromise mentioned by the Ameiican agent had anv actual existence, wiiat necessity was thereby cr(>aled for his oli'eiing documents corroborative of the Long lake ol Mitchell's map ? When a compromise is made, evidence is generally closed ; and a party to whom the " mens stina''^ yet remained would scarcely consent to a compromise, unless the terms had been previously proposed ; in fact, until tiiat be done, it can- not be understood that a compromise is in agitation. St:c. 24li. The agent of the United States was, douldless, very eager to procure the boundary line to be fixed in the water commuiiicaticm of I^igeon river, as aj)pears from his two memorials presented with that ob- ject ; and he may have hoped by these to induce ^compromise, by which he might be relieved fioin ap|)rehensions of the success of the British claim to the St. Louis river, in case the merits of that line of water should he made known by a survey. The '' appearance,'''' however, of a " com- promise''' to the American agent, must have been produced like the de- rangement of a maniac : one anxious thought was pursued until ( the real object being still unattained) it produced confusion. The general views of the undersigned, in relation to this gross incon- sistency, are elsewhere set forth in this report. Sec. 247. The agent of the United States next shows a variety of Long lakes, laid down on various maps. Of these the undersigned has to remark, that such lakes as are laid down on some of the maps are not m 112 [ Doc. No. 451. ] .5 to be found in nature as laid down, whereby the maps are falsified : and that, as several lonj;; Jukes are knovvn to exist, bearing that name, they prove nothing of themselves but greater doubt, until one can be found in the situation and circumstances of it corresponding with the desciiption given in the treaty of 1783. Sec. 348, Before quitting this subject, however, the undersigned must protest against the modest reservation in reference to it, made l)y the American agent, (page 28,) " th.at he reserves the route by the Vvnk or Nepigon river in behalf of his Government, should it be thought fit for future discussion, in case of a final disagreement ;" a threat which he must have intended to avail his Government, piobably fiom his hope of there!)y exciting a distrust, on the part of his Majesty's servants under this commission, in their cause, rather than from any opinion of the ica- sonableness or admissibility of such a claim. Sec. 249. Absurd in foim as is this excessively bold reseivation, />;/ma facie, in this state of the case, the undersigned must show, furthei, how groundless is the pretext for it in reason. H' a Long lake north of the Nepigon river or of the Peak river had been intended by the treaty, a direct line from St. Mary's river, thiough lake Superior, to either of those rivers, would pass far to the north of isle Royale, so far as to have rendered it entirely unnecessary that the treaty should direct the boundary to be run north of that ishuid. It would be equally reasonable, because equally unnecessary, to direct mariners nav- igating between Great Britain and the United States, in effecting their voyages, to pass to the east of the island of Newfoundland. I'o suppose that they would attempt to do oihcrwisc is to admit the persons to he void of understanding by whoui the order is to be executed.. Sec. 250. The undersigned now begs leave to remark upon the maps ad- duced by the American agent to sliow that Dog lake is the Long lake. With regard to all these maps, nine in number, enumerated by the American agent, the undersigned makes one general objection : thai they are entitled to no credit in this commission ; and he will now specify some of the o!)jections existing against them, severally. Sec. 251. With respect to the first, second, third, and fourth maps, as numbered and commented upon by the American agent, one and the same objection applies, to wit, they weie all j)ublished in London before the treaty of 1783 was negotiated ; the first being dated in 17G2, the sec- ond in 1775, the third in I77G, the fourth in 1777, and the latest of them at least six years before the treaty was concluded ; consequently, they were not so new as to leave a reasonable opportunity lor the' suggestion that the negotiators could not have possessed themselves of them. In a negotiation of so great importance as was the treaty of 1783, iir- volving the entire limits of one of the parties, and aflecting the interest of the other party throughout, is it possible that the ministers engaged should have failed to obtain, or that the res|)ective Governments should have failed to put them in possession of, every document atul every map in which they reposed any confidence, as capable of alVording light upon the matters in which they were occupicul ? Now, not one of these maps, nor any other except Mitchell's, ap|)ears to have been used l)y the negotiators. This was presented in evidence before the board by tlie American agent, and was freely allowed, both by the agent and by tho commissioner ot his Majesty, is it not clearly to be inferred that those [ Doc. No. 451. ] 113 sified : and name, they )e found in desciiption ?ig;nod must ladc liy llie he VvAii or »ught lit lor t which he his l)0])e of /ants under of the lea- \{\on, prima uithei, how ik river had ver, thioti^h north of isie at the treaty It wouh) he ariners n.»v- i'ectin^ their To suppose ersons to be the mapsad- ; Long \nke. ated hy tlie 3n : that tliey now specify urth maps, as one and the ondon he fore 762, the sec- latest of them quently, they ie° suggesiion them. r of 1783, in- p; the interest sters engaged iments shouhl nd every map Hording light t one of these m used by the board by the ;nt and by the •red that those ministers placed greater confidence in Mitchell's map than in any other they could procure; and, with that map in their hands, they acted dia- metrically counter to the maps and opinions which the American agent here attempts to establish, in passing by the Kamanistiquia river, not- withstanding the Long lake which the maps now under discussion con- tain, as situate on that river, and by conducting the boundary to the mouth of Pigeon river. The undersigned here desires to be understood not as giving credit to Mitchell's map for accuracy, for this commission has proved it to be grossly inaccurate, but as exhibiting the preference given to it, erroneous as it is, by the negotiators of 1783. Skc. 232. The fifth map enumerated by the American agent bears date at London, the 9th February, 1783, nineteen days after the treaty was concluded; and the sixth map was published at London, the 3d April, 1783, seventy-three days alter the treaty. On both these, the American agent remarks, Long lake is laid down upon the Kamanistiquia river, and the boundary is marked through the same. These facts, the undersigned ventures to affirm, instead of proving the course which the boundaiy should take in conformity with those maps, tend to prove that those maps are unworthy to be conformed to, or to be credited in any particulars of moment ; for both of them being published in less than three months after the treaty was concluded, describing the boundary line, which line was marked to and through Pigeon river upon the only maps used by the negotiators, they yet, at so early a period, and of course before any new information could have been procured upon the subject, undertake not only to set forth a Long lake not contained on Mitchell's map, but to set it forth as the Long lake intended by the treaty, and to conduct the boundary through it accordingly. The conculsion at which the undersigned would arrive is this: that these maps were made without any discretion ; the makers of them probably relying upon the general ignorance which prevailed, with respect to the countries in question, to yive them currency. Sec. 253. These remarks, with the exception of the circumstance of date, may be applied lo the remainder of these maps, as enumerated, to the ninth. The fact is, with regard to them all, tliere is not one which pretends to any authority ; not one was constructed from an authorized survey ; not one was ever confiimed as true by any individual qualifiiv-d or empowered to do so ; but one and all are proved by the surveys of this commission to be full of errors, and totally unworthy of confidence. The multiplicity of the maps does not produce an accumulative evidence, unless the repetition of error can be proved to produce truth. The cir- cumstances contained in these maps, as here controverted, fownd place in those of later dates, no doubt, by being copied from the older, no other question being made than that it was so found in print. Sec. 254. In proof of the last remarks, it appeared, from an inspection of the original maps adduced at the board (of which only copied morsels were put on the files) by the American agent, that several of them form- ed several sets, each set struck from the same plate ; that they corre- sponded not only in their delineations of land and water, but in the bor- ders and in the vignettes for the titles ; and, generally, that the titles only were altered, the maps having first been published for the English, and afterwards for the American market, with titles adapted to produce sales in them, respectively. This fact could be made to appear imposingly 8 ' m M W 114 [ Doc. No. 451. ] A: ' evident, had the said maps been put on tile so as to allow an examina- tion of them. That they were not filed, but only copied scraps of them, constitutes another objection to the evidence. Sec. 255. The American agent adds, in respect to these maps: " The whole of this evidence is derived from a source to which his Britannic Majesty's agent will not except. The maps are composed and engraved by British geographers of the first reputation. The materials were fur- nished mostly by engineers and surveyors in the service ofhis Britannic Majesty." Part of these assertions is admitted, but not allowed to have ,ny weight ; part is denied, and part is alleged to be gratuitous. Sec. 256. The first mao pretends to he made by Thomas .Jefferys, geographer to his Majesty, 17G2, and prepared to be annexed, in way of illustration, to a volume of voyages translated from the High Dutch by S. Muller. If it be supposed that the ntaker of the map had as good opportunities to gain the information he required as ihe writer of the voy- ages should be entitled to have, from his being a German, and prolessing to write travels in a distant British Province, the argument must be con- clusive. But setting aside the authority of the High Dutch traveller, is it to be concluded that, because Mr. Jefferys was geographer to the King, therefore every act performed by him receives the King's sanc- tion .'' Certainly not. As soon would I argue that some honorable friend, in whose candor and veracity I would place perfect confidence, while under the obligations of pri"ate life, would feel himself bound to the same adherence to candor, should other duties call bin to exercise the office of an advocate, or of an agent to advance the interests of his p.rincipal " /^er/i/s e/ «e/as," The second map is from the French of Mr. D'Anville, improved, &;c., but without the name of any publisher. This one comes not within the limits of the agent's assertions. It appears not to be made by an English geographer, nor the materials to have been furnished by English officers and sui veyors. Yet it is extraordinary that the American agent asserts, (page 35,) with respect to this very map, that " it has official authority, it being noted upon ibis map the bounda- ries of the Provinces since the concjuost of Canada, are laid down as settled by the King in council." Of what greater force is such testimony in print than if it had been oral ? The fact of no publisher's name being given of itself discredits the map. But admitting the allegation, can it be denied that a boundary may be correctly laid down on maps which ate in other respects incorrect ? Sec. 257. With regard to the whole nine, it is denied that the per- sons whose names are attached to them were either " engineers or sur- veyors in the service of his Britannic Majesty." Some of them may have been at some time and in some capacity in the pay of Government, but it does not appear that the maps in question are in any way substan- tiated under the offices held by any of those individuals. This much of the allegation appears gratuitous. The undersigned cannot for a moment believe that such maps as these will be considered to possess any authority. Sec. 258. The American agent says: "It is the preponderance of testimony which must decide ; other Long lakes and other boundary lines engraved on other maps will no doubt be exhibited ; but are they equally credible .'"' [ Doc. No. 451. ] 115 examma- s of them, ps: " The Britannic 1 engraved were fur- i Britannic have .ny is Jefferys, ed, in way i Dutch by lad as good of the voy- prolessing ust be con- ti traveller, pher to the king's sane- honorable confidence, jlf bound to to exercise crests of his e French of y publisher. it appears o have been xtraordinary is very map, the bounda- aid down as ch testimony s nanie being egation, can vn on maps that the per- neers or sur- of them may Government, way substan- This much ot uch maps as londerance of ler boundary but are they It is from his knowledge of the fact that other Long lakes and other boundary lines engraved on other maps could be exhibited, that the American agent conjectures they will without doubt be exhibited. It is certainly true such could be exhibited, and cquallij credible ; but they will not be introduced in this report as containing any positive proof. All the old maps are df^nied tc be of any avail ; they are known to have been made in ignorance, and to be replete with errors. Such as may be noticed by the undersigned will be mentioned only rel- atively, to meet those which have hete been discussed. " That the pre- ponderance of testimony must decide," the undersigned would be most ha[)py to be assuied. He depends not upon a catalogue of old maps, falsified in every inch of them, but he relies upon the most minute sur- veys, [)erformed under this commission during four successive years, upon the exhibition of facts in relation to the comparative merits oi' the several routes surveyed ibr the course of the boundary, and upon the reason of the case. Sec. 259. The American agent next asserts (page 3G) that,'' among the circumstantial considerations which sustain it," (this claim to thf Dos; lake as Long lake,) " is the fact that there is no other Long lake proper upon any n\ap yet found, of [)reviou.'! date to the treaty of ptsace." Sec. 2G0. it is perfectly indifferent to the undersigned, in the con- sideration of this question, whether there l)e any Long lake proper upon any map yet found, of previous date to the treaty of peace ; although the undersigned avers the fact that such a Long lake can be shown on the old maps. But the existence of such a Long lake was well known, as appears from the treaty and other aticient documents ; for the ascertaining of that lake, among ot'.:er things, this commission was appointed. If old surveys sulFiced, the surveys authorized under this coinmissioti would not have beeti required ; and now l)y these surveys the Long lake can be found, clearly corresponding with tlie precise terms of the treaty, and with every inference deducible from it. Sec. 2()1. It remains to be determined whether the accurate and well-authentiirated maps of the surveys performed under this coniinission shall be rejected as false, and thesj)urious maps introduced by the Amer- ican agent be confirmed as true and genuine, both of which acts are re- quireil to be done, should the claims of that agent and the coinciding opin- ions of the commissioner of the United States be allowed ; or wiiether the latter shall be discarded, as an idle attempt at imposition, and the for- mer receive that sanction which the talents and labor bestowed upon them appear to merit. Sec. 2G2. The next assertion of the American agent to be noticed is, (page 36,) that ''the error (to wi;, of placing Long lake at the luoulh of Pigeon river) i>y rightful inference was equally well understood by the negotiators of the treaty, and therefore the little Pigeon river would not have l)een their Long lake." Sec. 2G3. In remaiking upon this passage, the undersigned would first merely advert to trie contradiction of these sentiments, as of the claim generally, to those set forth in the same American agent's Awmx^previnmUf presented, asking the commissioners to determine the Long lake in con- formiti) with MUchelVs map, in consecpience of that map having been used by the negotiators. Next, he would cursorily observe the absurdity of supposing thiit those negotiators wor.ld act upon an " error well under- ^'11 J 16 [ Doc. No. 451. ] i ■ stood by tliem," as tl:e agent alleges, in the sarrie manner as if it were a truth ; lor, whatever was (he condition oi" theii infMniation u})on the sub- ject, they ceitainly conducted the line to the mouth (>f Pigeon river, where a Long lake is laid down on Mitchell's map. This they surely could not have done, if they had known that no Long lake was tiiere. The infer- ence is, that having agreed to fix the line through the Long lake iinrae- diately connected, without straits or river, according to the terms of the treaty, with lake Superior, and finding such a lake marked on Mitchell's map, they delineated the boundary through it, not to show or declare that the Long lake lay in that spot, but that the line must pass through the Long lake, wherever it might be. Sec. 264. The American agent proceeds, (page 40 :) " The fur traders finally fixed upon the Kamanistiquia river, as the most expedient naviga- ble communication." It has already been siiown in this report that the British Canadian fur traders removed to the Kamanistiquia liver to avoid collision with the officers of (he American customs, against whom they had no protection. That was the point o{ expediency in removing to the Kamanistiquia river, and not the superiority of that route. It is a fact familiar to every person who has investigated this point, or who is con- versant with the interests concerned in it, that the traders are, extremely desirous of returning from the Kamanistiquia river to the more southern routes, and that they are resolved to do so if the boundary be established in such a manner as to authorize them. Sec. 265. In conclusion : The undersigned, in the existing amplitude of this report, declines a general recapitulation. If the relation has be- come tedious, it was rendered so by the necessity, imposed on him, of clearing the subject from the uncandid pretensions and fallacious argu- ments with which it has been obscured. His own opinions upon the ori- ginal matter might have been briefly stated, Veritas simplex oratio. In conformity with this declaration, he will sum up in six words, by soliciting reference to the maps and journal, signed and certified by the commis- sioners, as a sufficient evidence to substantiate every important and prin- cipal point urged by him. All oiher evidence is liable to objections, feigned if not real. These maps, however, are the collected and ma- tured evidence of several years of labor, to which the surveyors, upon oath, placed their certificates, in presence of the commissioners, by whom the same were countersigned, in testimony of their genuineness and au- thority. Sfx'. 266. Thus, to show the greatcM- proximity of the larger part of St. George's island to the Canada main shoie than to the American main shore ; to prove that a middle line equidistant between the respective main shores w^as the boundary generally established, where islands inter- vening did not require a deviation to prevent their being severed ; to exhibit the long Lake as described in the tieaties of 1783 and of 1814 in immediate connexion with lake Superior, possessing dimensions which en- title it to such cognomen^ forming a portion of a water communication to the Lake of the Woods, that communication being also the easiest and least interrupted by portages; to manifest the distinctness and certainty, also, with which all the islands and portages contiguous to the boundary line through this route, which is urged by the undersigned, are described and marked ; to display, on the other hand, the injustice of the commis- sioner of the United States, in refusing to fix the bou,ndary line through Davij under t| deposes under- t| article, as possil of the c| vened, • equiroJ Tammal woijjd main shl the arel tiheiit, he oppi [ Doc. No. 4M. ] 117 it were a the sub- T, where eould not 'he iiiier- ke iinrae- !ns of the Vlitchell's iclare that rough the fur traders nt naviga- t that the erto avoid vhom they 'ing to the It is a fact ho is con- extremely e southern established r amplitude ion has be- on him, of icious argu- pon the ori- oratio. In jy soliciting he comniis- nt and prin- objections, ed and ma- 'cyors, upon •s, by whom less and au- rger part of lerican main e respective islands inter- severed ; to nd of 181 4 in ris which en- lunication to easiest and nd certainty, the boundary are described the commis- line through the Neebish channels, according to the same principles which had been generally applied to the establishment of the line in other parts; to show the want of such a certified map of the route claimed for the boundary by the American commissioner, through the Kamanistiquia river, and the water communication from it to Sturgeon lake, in consequence whereof the merits and demerits of that route do not appear, and there is no dia- gram upon which an intelligible boundary line could possibly be descri- bed, if requiied ; the absence upon that route ( as far as any map has been produced) of any lake known by or meriting the appellation of the Long lake ; the defective description of the line here claimed by the American commissioner, wherein he has neither specified the course thereof in re- lation to the numerous islands, the adjacency of which must frequently control its course on either side, nor mentioned and marked those islands — a precision which, indeed, the want of a survey and of an accurate map rendered impossible for hi.n to use. These being the principal points in issue between the commissioners, the undersigned appeals to that evi- dence which the commissioner of the United States has united with him in verifying; and he leaves to that commissioner an exercise for his in- genuity, notwithstanding this sanction and declared sufficiency, to abiidge the fulness or supply the deficiency thereof, b^^th of which operations will be necessary to form an opening for the admission of the inequitable and extravagant claims advanced in behalf of the United States. ANTHONY BARCLAY. New York, October 25, 1827. Witness i RICHARD WILLIAMS, Assistant Secretary, Gth. and 1th articles treaty of Ghent. APPENDIX. David Thompson, Esq., one of the principal astronomers and surveyors under the 6th and 7tli articles of the treaty of Ghent, being duly sworn, deposes and says : That the line marked on the maps of the commission under the above articles, to designate the boundary line, under the 7th article, was by him measured and delineated upon the said maps, as near as possible equidistant from the respective main shores, by the directions of the commissioners, as far as they agreed ; except where islands inter- vened, and, also, excepting that part of lake Superior where the treaty requires the boundary to be conducted north of isle Royale. That St. Tammany's island, next to St. George's island, in the Neebish channels, would be intersected by a line equidistant from the nearest opposite main shores. That he calculated for the commissioners the contents of the area of the several islands under the Gth article of the treaty of Ghent, which would have been intersected by a line equidistant from he opposite main shores, in order that the party receiving the appro- I- i I' 4 1 118 [Doc. No. 451.] 1 if f iii ' %\ '4 priatinn of any such island entire mi^Iit give credit to the other party for the portion it surrendered which would have fallen on its side of such middle line ; and in order that each party might receive of the un- divided islands in pre portion to the shares they would respectively have been entitled to, in case the islands had been divided hv a middle line. That he conceives Pigeon river, below the west end of the Great Carry- i';g-plaoe, to be impracticable lor &e navigation of canoes, not only from what he has himself seen of it, and fiom the high, rocky, steep sides of that river, but also from the d':^:::terested accounts of those who have in- spected this pait of the Pigeon li^er; but from its frequent falls, <*<•''•, iiaving steep, high clift's on each side, where no landing can be eU'ected, anu the adjacent country being extremely rocky and broken. In 1798 he gei.metrically measured the banks of lake Superior, in the bay o( the Great Carrying-place, and found them 843 feet above the level of the lake ; and he believes the Pigeon river '"rom the west end of the above Great Cat rying-place, must descend about two thirds of the above height, in a length of about eighteen miles, to its sortie into the lake. That he was about sixteen years in the service of the Noithwest Company, either as astronomer and clerk to or as a j)arlner of the said company. That he had to become acquainted with the language ; that he never heard the Dog lake, ( Lac des Ciiiens,) either by the natives, oi' the tradeis, or their men, ever called by the name of the Long lake. That tlie river which forms the Dog lake, the lake itself, and the carrying- place out of (his lake, (to avoid heavy I'alls, ) and the river below, to the best of his knowledge, are called Dog river, lake, and carrying-place, &c., fiom the translation of the native name, Aiiimos Lepee (Dog river,) Animos Sakahagan (Dog lake,) &c. &c. iscc. And the shape of the Dog lake by no means entitles it to the name of Long lake. Nor, to the best of his memory, was such a name biought forward for the Dog hike, by the agent of the United States, until after the survey of the St. Louis river, &c., was ordered by the British commissioner. That he was fiequently in cotiipany with one of the French gentlemen who carried on the fur trade at the conquest of Canada, an intelligent person ; and the deponent, to the best of his niemoiy, .lever learnt, or I.eard lioin (his French gentleman (Monsieur Kcaume,) that isle Pate was one of the isles Philipeaux. The Canadians name this island Le Pat6, from its high steep cliflfs, apparent round form, and isolated position, 'iliat westward of the Peak liver-, in lake Superior, there are only two great routes practised by the natives, as extensively leading to the interior countries, viz : The Nee- pcgo river and the river St. Louis ; which last is, in lact, from ancient tirues to the present day, the great high road of the majority of the na- tives. And that last year ( IS^G) it was stated in the Ariierican papers, that two thousand of the natives met Governor Cass (of the Michigan Territory) at the estuary of the river St. Louis; and along the whole cir(!uit ol lake Superior, this river has no parallel, for being navigable. for its soil, climate, and the fine extensive countries it leads tf This he deposeth from his own personal knowledge, he having, in 1798, sur- ne countries of the Red livir- and lake, the sources &c,, to the sortie of the river St. l^ouis, in lake illiao) Mc(«ilUvray, whose letters were presented in VL. _> K'Al \)«: i-.;.*«»wsi(|i««-- r. L Doc. No. 451. J 121 E. I, Samuel Thompson, draughtsman and assistant surveyor to his Majesty's commission under the 6th and 7th articles of the treaty of Ghent, hereby certify that I have surveyed, by the orders of his Majesty's commissioner under the 6th and 7th articles of the treaty of Ghent, the river St. Louis, from its sortie into lake Superior to the height of land ; and from thence, down the waters of rive" Vermillion, to Sand Point lake. The north- west part of the estuary of the river St. Louis is full five miles in length, and its breadth two thirds of a mile ; the southeast part of this estuary is one rail* and a quarter in length by half a mile in breadth ; the south- west part is in length three miles, awd its greatest breadth one mile and a third ; from thence, the river has various breadths to the Grand Portage and to the height of land. Am well acquainted with the route by the Grand Portage and Pigeon river, having surveyed this route by the orders of his Majesty's commissioner under the 6fh and 7lh articles of the treaty of Ghent. It has thirty-four carrying-places ; the route by the St. Louis river has twenty-one carrying-places; and, from its having but one river leading to the height of land, and from this height of land another river (Vermillion river) flowing in a continued stream to Sand Point lake, (which waters flow in a direct and continued stream to the Lake of the Woods,) I consider this route as the most continuous water communication of the two. SAMUEL THOMPSON, Draughtsman and assistant surveyor. Sworn before me, at Glengarry, E. D. Upper Canada, this 7th day of June, 1827. AMB. BLACKLOCK, J. /*., E. D. Upper Canada. I certify this to be a true and exact copy of the orignal document, with which I have compared it. RICHARD WILLIAMS, A. Sec. 6th and 1th articles treaty of Ghent. G. Montreal, September 4, 1824. My dear Sir: I received the favor of your letter of the 27th July the moment I was setting out for the Falls of Niagara, which circumstance prevented my making an immediate ro\j\y. That I have so long delayed it, I feel, demands from me an apology, lor 1 returned last week from my excursion. I hope it is not yet too late; I shall therefore proceed without further preamble, though I fear my observations will not be of much service. The surveys made of the lake Superior last summer, and the previ- ous examination of its coast by Mr. Thompson and others, show suffi- ciently that no inlet (to deserve the name) is to be found on its north- r isle Mino^, as it is called geneiallv,) is a small indent or bay, into whicii falls the liwicre aux Tourtres, which is navigable for about half a mile, when you come 122 [ Doc. No. 451. ] to the rapids. About nine or ten miles westward of this river is the Grand Portage, a carrying-place near three leagues in length, at the north end of which you again find the Riviere aux Tourtres ; this river, or rather a chain of portages and rapids, is followed up to its source — perhaps in all forty miles — when you come to the hauteur des terres [height of land] dividing the waters which fall into lake Superior from those fall- ing ultimately into Hudson's bay, through the Lake of the Woods and lakt; Winnipee. At first, these waters are so trilling and shallow as not to have sullicient depth or width to pass a canoe of twenty-five feet nith any load- ing ; it, however, soon increases by the addition of several other small streams, and fornis, by the time it falls into lake La Pluie, a river of con- siderable magnitude ; but the route of the voijageur from the height; of land is impeded by many carrying-places and rapids, which connect the little lakes into which it I'requently widens in its course. IMiese lake? are in succession, (going into the interior,) 1st, Saguinaga ; 2(1, Luc des Trois Blanc; 3d, Lac Croche; 4th, Lac La Croix ; and 5th, Ananieccan lake, t!ie Lac La Pluie. But these lakes are very distant from each other, though connected by rapids and carrying-places, except tlie two last mentioned, which are only separated by one carrying-pbice of no great length. IIow this route between lake Superior and lake de la Pluie could ever be called the Long lake, 1 cannot conceive ; for it is made up of shallow and narrow small rivers and lapids without 'lUinbor, and thirty-six carrying places, together with the lakes above mentioned, with many others not worthy of a name. By this route, and this loute oidy, was the trade to tlK lorthvvest country carried on by the French wliile in possession of ('anad;!, and from the conquest until the year 1803 by the English traders; when the difiiculties and expense attentling the tianspott of gO( uls from lake Superior, by way of the (irand Portage, to lake La l*'ui« , became so great that the Northwest Company removed the genera! 'h'.;.ot to Kam- an is I iquia, since called Fort lJ7//i"«»i, stationed abosi fifty i; ties eastward of the (irand Portage. The whole length of the i;.iny ri;j^-p!aces from lake Superior to Lac La Pliur liy this route is twenty-seven miles, which is less by five or six than by the o. :■:< = ( route. This new cor.imunication, I presume, can be no qtc Uion in *ho pr( r^ent discussions, lor it never was practised by the French as a i:Jii'.:«ujnication to the interior, although they bad trading-posts on the river Kamanisti(}uia, near- the banks of lake Superior; and so little was it known, that, before the Northwest Company could venture to send canoes by it, a minute survey was made (by the writer' of this) in 1S02, in order- to ascertain its piactica!)ility. That the route by the Grand Portage to Lac. La Pluie (the only one practised or known to the French Indian tiadeis) was the one contem- plated by the treaty of 1783, 1 have but little doutft. How it came to be designated in the French charts the Long lake, I cannot conceive. There is, however, another route of communication with the interior from lake Superior-, and the one which slionbl ha\e been fixed upon as t'le b'o-mdary line at the time of making the treaty of Paris. Into the west bay of lake Superior-, known by the name of Fond du Lcc, falls the river St. Louis, by far the larget^t streani which that lake re<:<'ives ''>to its hoH)rn. By this river-, and in its vicinity, there is a route t-> tlu; interior country, (to lake La Pluie and the Lake of the Woods;) it was practised iVom the year 179G by the Northwest Company, until iiaps J [ Doc. No. 451. J 123 his river is the n length, at the ;;s ; this river, or source — perhaps ?rres [height of from those fall- VV^oods and lake; >w as not to have it 'vith any load- ira! other small i, a river of con- )in the height of ic'ii connect the i. Tiiese lake? ^rt ; 2(1 , Lac des 3th, Aninneccan itant iVoiii each except the two ing-j)!iice of no and lake do l.\ riceive ; tor it if tvithout nninher, )ove njC'iitioned, > th' iorth'.vest of t'anada, and ders ; when the 10 ds from lake ui.-, he came so i >U\'><)t to Kam- r i. lies ea.'-tward uig-places from en miletJ, which eor.imunicidioM, for it never was iterior, although ir the i)an!is of the Northwest Lirvey was made rac(ical)ility. e (the only one le one contem- )W it came to be conceive, vith the interior Ml fixed upon as ris. me of Fond du vhich that lake there is a loule of the Woods ;) Company, until that country was given up to the Americans, in consequence of the treaty of Ghent; and has since that time been constantly used by the American Fur Company. I do not see why this route may not as well be called the Long lake as any other; it is, like all the other comiiiuiiications be- tween lake Superior and lake La Pluie, or the Lake of the Woods, made up of shallow rivers, rapids, carrying-places, and lakes. It is the only bay or inlet tj be found on 'he .lortli and west shore of the lake, and possibly may have been the r )ate intended by the treaty; for both parties appear to have been equafly ignorant of the geography of the country, allliough the one commissioner had more cleverness or cunning than the other. As to the copy of this chart (said to be the identical one before them) now brought forward, admitting that it is a real copy, the reference in it to places which do not exist, and being evidently founded in error, I should think would do away any credit attached to it by the American commissioners. Lake de la Pluie, next in .-size and extent to the Lake of the Woods, is never mentioned as being in the route to that lake ; nor is tlie river connecting these two lakes, which is a laige body of water, per- haps equal in magnitude to the Hudson river, and hi'(y or sixty miles ill length. If the route of the river St. Louis, or l'\)nd tin Lac, could be established as the boundary, it Avould be gaining a giritish subjects from going into th- ■ ' ' I-.-- -••.".I /. .K- (^c.iiul P< bou the throvsh the 1 end of it would, iiterior by (.ige to the (ties. This , in pass by tiiat route; whereas, l)y making it same point of embarcation, it leaves the toad open to both route is now but little practised, as most cf the canoes g the Fort William route. 1 am, my dear sir, most faithfully yours, W. McGILLlVRAV. Hon. JoH.v Hale. This is to certify to all wh.om it may ooncern, that for a long period \ was iniimately accpiainted with the late honorable William McGillivray, ill his lifetime, of Montreal, and have very often seen hiin write; I 124 [ Doc. No. 451. ] therefore can aver and loslify that the above letter is acttially in his handwriting, and the subscription of his name (VV. McGillivray) thereto is also in his iiandvvriting. HENRY GARY. New York, September 29, 1826. City and State of New York, ss. Henry Gary, of the city of New York, merchant, being sworn, says: That the facts set forth in the foregoing certificate, subscribed by him, are just and true; and further says not. HENRY GARY. In testimonium veritatis, sworn before me this 29th day of September, 1826. WM. E. DUNSGOMBE, Notary Public, city and State of New York. I certify that the above letter of W. McGillivray, together with the sworn certificate, contained in appendix, (G,) of Henry Gary, is an exact and true copy of the original document filed by order of tlie board, October 5th, I82G. RIGHARD WILLIAMS, A. Sec. under Gth and 1th articles of treaty of Ghent ^ H. The agent of the United States has the honor to ask that the board do now noceed to determine the pro- er place of departure of the bound- ary line froni lake Superior to the northwest, with a view to supersede the necessity of any further surveys in that direction. That the Long lake intended by tiie treaty of 1783, to which the line is to run from the north of isle Royale, is a sheet of water now known by the name of Pigeon river, and is iiitualed near the old Grand Portage; and that it is, consequent',; , the route intended to be described by the said treaty, he conceives is suUiciently substantiated hy the following testimony, whirh he has the honor to present : First. Mitchell's 'nap of Noith America, published in 1755, under the sanction oi the Lords Gommissioners for Trade and Plantations. This map shows the place called Long lake to be the mouth of Pigeon river, (^s now called,) near the old Grand Portage. That it was Mitchell's map ujion which the boundary line was de- scribed by the commissioners in 1783, is established by the following documents, which he begs may be filed with the lecords of the conimiii- sion. JOS. UELAFIELI), Agent of the United States, Montreal. October 25, 1824. Sir : I have the honor, agreeably to your verbal request yesteulay, to transmit to you copies (-nclosed of Mr. J(»hn Adaiiis'> coinniunicaiion to the Governor of Massacluisetis, extracted from Wait's State i*apers, 1 actually in his illivray) thereto UlY GARY. ig sworn, says : scribed bv him, ^RY GARY. y of September, :OMBE, }f New York. gether with the ,'ary, is an exact • of tlie board, aty of Ghent that the board e of the bound- ;vv to supersede That the Long is to run from n by the name •rtage ; and that the said treaty, ving testimony, in 1755, under nd Plantations, louth of Pigeon y line was de- y the following of the conimis- .AFIELI), Jnitcd Slates. st yestei Jay, to inniunicittion to I State Papers, [ Doc. No. 451. ] 125 and Colonel Pickering's letter to Mr. SuliiA^an, agent under the 5th ar- ticle of our treaty of 17W with Great Britain, on (he subject of the boundary lines between the two countries ; and am, with great respect, Your obedient and very humble servant, DANIEL BRENT. Joseph Delafikld, Esq., New York. A No. 4. Extract of a letter from his Excellency John Adams, Esq., to his Honor Lieutenant Governor Gushing. AuTEuiL, NEA!! Paris, Octobcr 25, 17S4. In writing upon the subject of the line between Massachusetts and Nova Scotia, he observes as follows: We had before us, through the whole negotiation, a variety of maps, but it was Mitchell's map upon which was marked out the whole of the boundary lines of the United States; and the river St. Croix, which we fixed on, was upon the map the nearest river to St. John's ; so that, in all equity, good conscience, and honor, the river next St. John's should be the boundary. I am glad the General Court are taking early meas- ures, and hope they will pursue them steadily until the point is settled, which it may be now amicably ; if neglected long, it may be more difficult. Attest : JOHN AVERY, Jun., Secretary. Copied from the 10th vol. of Wait's State Papers, marked " Con- fidential, p. 15." Extract of a fetter from Mr. Pickering, Secretary of State, to James Sullivan, Esq., under the bth article of the treaty of 1794 with Great Britain, dated Department of State, July 9, 1796. By some documents which I shall send you next week, you will see that the American and British commissioners who negotiated the treaty of peace at Paris used Mitchell's map of North America. This will be considered as an important docinnent. I shall send you (he map, in which you will see traced our whole boundary line. VVbether it is the identical map used at Paris I am not informed. You will be ple;>sed to preserve it, that it may be returned to this office, when your agency shall be accomplished. Certified to be a true copy from the files of the conmiission, dated October 28, 1824. RICHARD WILLIAMS, A. Sec. I certify that the above is an exact and true copy from the certified copy of a memorial of the United Stales agent, together with three ac- companying documents, tiled by order, October 28, 1824. RICHARD WILLIAMS, A. Sec. Qth and 1th articles treaty of Ghent. 12G [ Doc No. 451. ] I. ««' The uiuloisigned, William Mackay, picntloMian, now of tho rity of Mon- treal, in the I'roviuee of Lower Canada, ilotli hereby certify : That ho was a partner of the Northwest Company, under llu^ fuiii of McTavish, McGillivray, and ("onipany, for the lur trade of lake Superior, and the cdunlries east, north, and west, of the said lake. That the great depot of the fur trade was at the Great Carryin};-ph»ce, a few niihjs west ol the mouth of Piti;eon river, in lake Superior. That I'roin a strong belief, founded on the assertions of the United States oHicers at the garrison of Miehiliniackinac, to himself in person, that tho above depot was within the limits of the United StaK.'S, and they would levy heavy duties on all nieichandisc, stores, &;e., imported thereto, and on all fwis, i^:e., exported therefrom ; which, had it taken place, would have been ruinous to tho said company currying on the fur tiade,the said company was (>blige(l to examine the countries to the northwaid and eastward of the said (ireat Carrying-place, for another route to the interior countries. That tho northeast siilc of the Pigeon river was examined by Sir Alexander Mac- kenzie and others, who pronounced it impractica!)lo for commerce. That the undersii^ned, in the year ISOl, at the orders of tho said North- west Company, undertook, with JNJr. Jean Baptiste Pomainville, one of the clerks of the said company, eight experienced men, and a native, in a canoe, to explore a route fiom Lac l^a Pluie to the mouth of the Doj; river, in lake Superior, called Kamanistiquia ; which tlujy performed with great ditlioulty and hard labor. That they found the whole country through which they passed a perfect wilderness ; that they had, with gieat labor to open roads through forests, to carry their canoe, ^c., to avoid dangerous rapids, falls, &c., in the rivers, and also to cut roads to communicate with brooks, ponds, and lakes, which had no other known communication, or were too shallow even for their light canoe. That, on arriving at W^est-e-go Estee-quan lake (near Lac des Mille Isles) they there found the carrying-places to have narrow foot-paths, which gave Miem much severe labor to clear, so as to admit the carryingof their canoL'--, &c., and which continued down to Kamanistiquia. That they judged a gieat pait of the route from Lac La Pluio to Lac La Cioix to be impracticable for loaded canoes ; and which was accordingly rejected. That the undersigned, with his party, proceeded to the Great Catrying- place in the beginning of July, 1801 ; and having reported to the part- ners ( there assembled j of the said company the result of his labor, it was deemed necessary to re-examine that country. That the late honorable William McGillivray, with the undersigned, and eight experienced men, in a canoe, set off to explore a route from Kamanistiquia (by the Doi-; liver) to Lac La ('roix, which they acconq)lished ; but the route ap;)( ared so dangerous and laborious for loaded canoes that they w^uld have cx- ploreti other rivers had the season permitted. 'I'hat in me year 1802 the uiid rrsigned explored another river in the said new route, which, from its continuous rapid?, v»'as iound impracticable for loaded canoes, and the; present new route was then deiermined on, as that by wiiich, in future, they would carry on the fur trade, as being a country in which the United States had no claim. That the whole of the routes the undersigned explored, in all appear- ance, had never been practised, except by the few natives of those coun- \e city of Mon- itil'y : Tliat ho of McTavish, |)erior, and the be }ireat depot iles west ol tlio strotig belief, the a;ani.'5on of pot was vvitliiii /y duties on all 1, &(;., exported ruinous to tin; was oblif2;ed to the said (J teat ies. That the Uexander Mac- fur coniineiTe. the said North- lainville, one of and a native, in )ulh of the Doj; they performed e whole country ihev had, with r canoe, ^c, to ) to cut roads to no other known t canoe. That, Ies Mille Isles) hot-paths, wl carrying!; of their Ilia. Tliat they ,ac La Croix to |(lin;ily rejected. Ireat Carryini;;- jted to the part- Ihis labor, it was late honorable lerietieed men, i'a ( by the Do^-; route appeared Iwould have cx- I Doc. No. 451. ] 127 \ tries, and a trading canoe that occasionally suj)plied tlie wants of the na- tives, and wintered at the Doji; lake oradj.icent places. That, in the year 1802, the said company be^an clearing the forests at Kainanistiquia (or the erection of buiUlin^s, &c. ; and that lar^e ))artios of men, for sev- eral years, wer« employed in makinjf cairying-placcs throujih the forests, some of them over deep swamps and morasses, over which causeways were laid of logs, scpiared on one side ; and that on the Portage Savanne the causeway is moie than two miles in len;;th. That they found some of the rivers and brooks (juite obstructed with fallen trees, &,c., which, had to be partially cleared before they could be navigated by loaded ca- noes, all which brought a very heavy expense on the said company. That it was with ditliculty, l)y making presents to some, and allowing extra wages tu others, thai the men engaged in the fur trade could be prevailed on to transport the goods, furs, &c., by the new route. That in the year 1802 the undersigned, from very good authority, received iotormation that the United States troops had actually landed at .Michili- mackinac, the American garrison, for the purpose of proceeding to tiie depot i>f the fur trade, at the Great Cariying-placc, and theie enforcing the duties contemplated to be levied on the merchandise, furs, &.c., of the said Northwest Conjpany, as British subjects, had they not learned the said company were then beginning to evacuate the said depot, situa- ted at the east end of the said Great Carrying-place. Thus, the undersigned considers the new route from Kainanistiquia to be more dangerous, of greater length, and requires more labor, than (ho old route by the Great Carrying-place, &c. WILLIAM MACKAY. Sworn before me, at Montreal, this 12th dav of June, 1827, SAMUEL GALE, J. P. \ certify the above to i)e an exact and true copy of the original docii- 1 • J I nient, with which I have compared it UlCrrVRl) VVILLLVMS, A. Sec. Gth and 1th articles treaty of Ghent. ine year 180' ute, which, Iroiii jcanoes, and the hich, in future, ,hich the United d, in all appear- The undersigned, Jean Baptiste Pomainville, now of the city of Mon- treal, in the Piovince of Lower Canada, doth hereby certify : That in the year 1706, he, the undersigned., in the capacity of clerk, entered the service of the Northwest Company of Merchants, engaged in the fur trade of lake Superior, and of the countries east, north, and west, of the said lake. That, in the year 1801, the undersigned, in his capacity as clerk to the said company, was placed under tiio orders of Colonel Wil- liam Mackay,(thenoneof the partners of the said Northwest Company,) with eight men and one native, in a canoe, to explore a route ironi the Uainv lake to the mouth of the Dog river, in lake Superior, called Kam- anistiquia. That they did explore a route Irom thence to tl le ace called Kamanisti(iuia rhat they found the whole country a perfect wil- }S o fth ose coun- lerness, and it was with great ditliculty and hard labor they reached anianistiqui.i. That when the) had to make car;ying-piaces, to avu ' id A 1 f' 123 [ Doc. No. 451. ] dangerous rapids, fulls, &c., or to open a communication with brooks, ponds, and lakes, &c., which h id no other known communication, these carr)^ing-places were made through pathless forests, until they came In the VVeet-e-go Este-cjuan lake, near Ijac des Mille Isles, and that a great part of tiie route explored hy the undersigned and party was found to he impracticable as a commercial route. That the undersigned was a cleik in the service of the Northwest Company several years before and after the depot for the fur trade was transferred from the Great Carrying-place, a few miles west of the mouth o* Pigeon river, in lake Superior, to Kam- anisticpiia ; and believes the naid transfer of the depot to have been made on account of duties threatened to be levied on the goods imported to and the furs exported from the said depot at the Great Carrying-place, by the officers of the United States. 'J'hat the whole country through which the undersigned passed ?p- peared to him to have never been a commercial route, and practised only by the few natives of that country and an occasional trading canoe, to sup- ply tiie wants of the said natives ; which trading canoe wintered at some place from the Dog lake to Lac des Mille Isles ; and the carrying-places over which this said canoe passed were narrow foot-paths, which had, wiih great labor, to be widened for the regular trading cwnoes. That the undersigned was well acquainted with both routes, and considers the new route as of greater length, more dangerous, and requiring greater labor, than the old route by way of the Great Carrying-place. J. B. POMAINVILLE. Sworn before me, at Montreal, this 12th day of June, 1827. SAMUEL GALE, /. P. I certify that 1 have compared the above with the original document, and that it is an exact and true copy. RICHARD WILLIAMS, A. Sec. Otk and 1th articles treaty of Ghent. K. The undersigned doth hereby certify that he was a partner of the Northwest Company, under the firm of McTavish, McGillivray,and Com- pany, for the fur trade of lake Superior, and the countries east, noith, and west, of the said lake. That the great depot of the fur trade was at the Great Carrying-place, a few miles west of the sortie of the Pigeon river. That from a strong belief, founded on the assertion of the United States officers and others, that the above depot was within the limits of the United States, and that heavy duties would be levied on ail merchan- dise, stores, &c., imported thereto, and on the furs exported therefrom, by the officers of the United States, which would have been ruinous to the said firm, they were obliged to exatnine the countries northward and eastward, for another route to the interior countries. That the northeast side of the Pigeon river was examined by Sir Alexander Mackctizie, who pronounced it impracticable for commerce. That, in the year 1801, the said company ordered one of the partners (Colonel William Mackay) and Mr. Pomainville, a clerk, with men and natives in a canoe, to ex- [ Doc. No. 451. ] 129 with brooks, licalion, these they came to nd tli.it a gre;it as found to he ed was a clerk elore and alter arrying-place, jiior, to Kam- to have been ;oods imported arrying-place, ed passed ?p- practised only canoe, to sup- ntered at some arryingplaces lis, which had, cumoes. That and considers :juiring greater ice. lINVILLE. 827. ALE, J. P. nal document, iMS, \y of Ghent. partner of the k'ray,and Com- ics east, north, ir trade was at of the Pigeon n of the United in the limits of »n ail merchan- ted therefrom, leen ruinous to northward and it the northeast er Mackenzie, the year 1801, illiam Mackay) 1 canoe, to ex- plore a route from Lac La Croix to Kamanistiquia, on lake Superior, which was effected with much ditficulty, the whole country being a per- fect wilderness. That in the year 1802 this -outc was again examined, and the road marked out by which the fur trade in future was to be car- tied on. That, at a very great expense, they had to clear a thick forest, to erect buildings, &c., and to employ for several years large parties of men, to open roads through the forests, to avoid dangerous rapids, falls, &c., in the rivers, as carrying-places for their goods, furs, &c., and to com- municate with brooks, ponds, and lakes, which had no other comraunica* tion known ; and that much of the roads was over deep swamp and mo- rass, and to cross these, causeways of logs, squared on the surface, were laid, in one place of more than two miles in length. That some of the rivers and brooks were so much obstructed by fallen trees, &c., that they had to be partially cleared before they could be navigated by canoes. That the undersigned, in the year 1803, had the personal superintendence of the parties of men working in making roads through the forests, clear- ing the rivers and brooks of obstruction, &c., and the number of men oo employed that year was about forty, besides occasional parties of men ; and that, to all appearance, this route had never been practised, except by the few natives whose hunting-grounds are on this route. That it was with difficulty, and by allowing extra wages, that the men employed m the fur trade could be prevailed on to undertake the transport of goods, furs, &c., by this new route. The undersigned was several years in the fur trade, both before and after the depot fur the fur trade was transferred from the Great Carrying-place to Kamanistiquia, and was well acquainted with both routes. That the new route is more dangerous, is of greater length, and requires more labor, than the old toute by the Great Carry- ing-place, Pigeon river, &c., to Lac La Croix. H. MACGILLIS. Sworn before me, at Glengarrv, E. H. Upper Canada, this 8th day of June, 1827. AMB. BLACKLOCK, ./. P., E. D. Upper Canada. 1 certify that I have compared the above with the original document, !ind that it is .in exact and true copy. RICHARD WILLIAMS, A. Sec. Gtk and 1th articles treaty of Ghent. The uiiderbigued doth hereby certify thai he was a partner of theNorth« west Company, under the firm of McTavish, McGiUivray, & Company, for the fur trade of lake Superior, and the countries east, north, and west, of the said Like. ThatHhe great depot of the iVr trade was at the Great Carrying- place, a few miles west of the sortie of the Pigeon rivei . That from a strong belief, founded on the assertions of the United States officers and others, ihat the above depot wss within the limits of the United States, and that heavy duties would be levied on all merchandise, stores, &c., imported thereto, and on the furs exported therefrom, by the officers of the United States, which would have been ruinous to the said firm,ih5y were obliged !3 h IMAGE EVALUATION TEST TARGET (MT-3) A 1.0 I.I I^|2j8 |2.5 ^ 1^ 12.2 li£ 12.0 lit L25 il.4 1 III 1.6 6" P> 7] ^V /: V /a W Photographic Sdences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 873-4503 «- ■4^ 4s ? 130 L Doc. No. 451. ] to examine the countries northward and eastward, for another route to the interior countries. That the northeast side of the Pigeon river was ex- amined by Sir Alexander Mackenzie, w ho pronounced it impracticable for commerce. That in the year 1801 the said company ordered one of the partners, (Colonel William Mackay,) and Mr. Pomainville, a clerk, with men and natives, in a danoe, to explore a route from Lac La Croix to Kam anistiquia, or lake Superior, which was effected with much difficulty, the whole countr)! being a perfect wilderness. That in the year 1802 this route was a,«ain examined, and the road marked out by which the fur trade in future was to be carried on. That, at a very great expense, they had to clear a thick forest, to erect buildings, &c., and to employ, for several years, large parties of men to open roads through the forests, as carrying-places for their goods and furs, to avoid dangerous rapids, falls, &c., in the river, and to communicate with brooks, ponds, and lakes, which had no other communication ; and that much of the roads made was over deep swamp and mori;"=9, and to cross these, causeways of logs, squared on the surface, were laid, in one place of more than two miles in length. That some of the brooks and rivers were so much obstructed with fallen trees, &c., that they had to be partially cleared before they could be navigated by canoes ; and that, to all appearance, this route had never been practised, except by the few natives whose hunting- grounds are on this route. That it was wiih difficulty, and by allowing extra wages, that the men employed in the fur trade could be prevailed on to unde'take the transport of goods, furs, &c., by th'j new route. The undersigned was several years in the fur trade, both before and after the depot for the fur trade was transferred from the Great Carrying- place to Kamanistiquia, and was well acquainted with both routes. The new route is more dangerous, is of greater length, and requires more la- bor, than the old route by the Great Carrying-place and Pigeon river, to Lac La Croix. D. CAMERON. Its Sworn befove me, at Glengarry, E. D. Upper Canada, this 7th day of June, 1827. AM3. BLACKLOCK, J P., E. D. Upper Canada. I certify that i have compared the above with the original document, and that it is an exact and true copy. RICHARD WILLIAMS, A. Sec. Qth and 1th articles treaty of Ghent. i! •4 M. Province of Upper Canada, Eastern District. John McGillivray, of Glengarry, in the said district, gentleman., bein? duly sworn, deposeth and saith : That he was a |)artner of the ci-devant Northwest Company, furnished with capital and goods by the firm of Mc- Tavish, Frobisher, & Co., and McTavish, McGillivray, & Co., of Mon- ler route to the river was ex- ipracticable for red one of the :, a clerk, with Croix to Kam li difficulty, the ^ear 1802 this which the fui : expense, they to employ, for the forests, as js rapids, falls, ids, and lakes, le roads made icways of logs, m two miles in uch obstructed Bd before they nee, this route k^hose hunting- id by allowing d be prevailed lew route, oth before and rreat Carrying- 1 routes. The :)uires more la- igeon river, to :ameron. this 7th day of ;klock, i/jcr Canada. inal document, VMS, tty of Ghent. [ Doc. No. 451. ] 131 ntleman,, beini; •f the ci-devant the firm of Mp- £ Co., of Mon- treal, for the purpose of carrying on the fur trade of lake Superior and the countries east, north, and west, of the said lake. That the great de- pot of the association then composing the Northwest Company was at the Great Carrying-place, on the border of lake Superior, a few miles west of the mouth of the Pigeon river. That from a strong belief, found- ed upon the assertions of the United States commanding officer, then sta- tioned at Mackinac, and, indeed, others, that the said depot was within the limits of the United States of America, and that it was the decided in- tention of the Government of (hat country to appoint and establish a mil- itary post there, in order that they might levy duties on all merchandise, stores, &c. &c., imported thereinto, and also on the furs exported there- from, consonant with the laws and regulations of their own state, after mature and deliberate consideration, it was then unanimously agreed to by the association composing the Northwest Company, that the trade could not afford the heavy impost with which it most inevitably would have been burdened, and that it would ultimately prove ruinous to the concern at large. These cogent reasons, at that time, induced the North- west Company to look out for some other route or communication to the interior countries (or the purpose of carrying on their trade ; they were, therefore, obliged to examine the countries northward and eastward of the Grand Carrying-place ; and the late Sir Alexander Mackenzie ex- amined the northeast side of the Pigeon river, but pronounced it imprac- ticable. In the year 1802 the said company ordered one of their part- ners (Col. William Mackay) and one of their clerks (Mr. Pomainville) to explore the route from Lac La Croix to Kamanistiquia, on lake Supe- rior ; which was effected with much difficulty and expens?, as the whole country was a perfect wilderness. In the year 1802 this new route was again examined, and the road maiked out then as the one by which in future the fur trade was to be carried on. That, at a very great expense, the concern had to clear away thick woods, to erect many buildings, *cc., and for several years to employ large parties of men to open roads through the forests or carrying-places, to avoid many dangerous rapids and falls in the rivers, and to communicate wiih brooks, ponds, lakes, &c., which had no other communication. That much of the roads made in this new established route was over deep swamps and morasses, and to cross these, causeways of logs, squared on the surface, were made, in one place more than two miles in length. That many of the rivers and brooks were so much obstructed with fallen trees that they had to be partially cleared before they could be navigated by canoes. To all appearances, this route had never been practised, except by the natives whose hunting- grounds are in the vicinity thereof. It was with some dilficulty, and by allowing extra wages, that the servants of the company employed in car- rying on the fur trade could be prevailed upon to undertake the transport of the goods, furs, &c.&tc., by this new route. The deponent was several years iu the fur trade, both before and after that depot (or headquarters) was transferred from the Grand Carrying-place to Kamanistiquia, (or Fort VViliiam,) and was very well acquainted with both routes. The new route is more dangerous, is of greater length, and requires an infinite deal more 'abu"-, especially in years of low water, than the old route by the Grand Portage or the Great Carrying-place, Pigeon river, &c., to Lac La Croix. JOHN McGlLLlVPAY. 132 [ Doc. No. 451. ] Sworn befoie me, at Glengarry, E. D. Upper Canada, this 7th day of June, 1827. AMB. BLACKLOCK, J. P., E. D. Upper Canada. * I c ertify that the above is an exact and true copy of the original doc- ument, with which I have compared it. RICHARD WILLIAMS, A. Sec. ^th and 1th articles treaty of Ghent. S. St. George's island, near the falls of St. Marie's, contains — Total area in square miles - British area in square miles American area in square miles 37.4432 - 20.8202 ' 16.6230 Difference in square miles Total area in square acres - British area in square acres American area in square acres Difference in square acres 4.1972 23,964 October 21, 1826 * 1 i A true copy : m\ IM V '' H t m '%M. J^ Mi " « m ^: !>'■' % p*' .♦' ". '!;■ ■. V ,^ m- 1 IV - 13,325 ■ 10,639 - 2,686 DAVID THOMPSON. RICHARD WILLIAMS, A. Sec. 6th and Ith articles treaty of Ghent. '.tp. »&^< :hi3 7th day of KLOCK, »cr Canada. I original doc- Fro m Charlevoix'^ lYavels y of Ghent. IS — 1202 ;230 37.4432 'N. 972 ^*^' 23,964 ,325 ,639 ,686 lOMPSON. y of Ghent, 1 :j A Mw Map of NORTH AMERIC fivni the lutest discoveries 1763. I.iikr III' the I lierehy Cvrliiy (his to hv .S()ti .Is! (' Sury!' to the lUxinl of' ('(uniutssioit iitiiter t/ir (i.!'.7 ,lr! ot' llic Treatv of tilieiit. A Ifew Map of ITH AMERICA the latest discoveries 1763. ]sr. From ChurlevoLxi^ Travels IK, T 1 i*' o. I' XOIITTI AMKIUCA twm the French vlWf.DAuviUc mth the Suircvs made siiue the Feaee i Lomton I'rintvd Ihr h'oh' Saxrr A .I.Heiuivtl Map A- hint .le/hrs ;>.< Fhet True Copy from ilw Orifjinal (.sit///('(t) Ci'on/e II'. IVIiistler ./Jral't.iinan A A.ts* Surveyor I hereby ceitiCy dii.s tu lie a (rue Copy of (tie Copy of the' nliove tirled Map. now on the file of the .Ls. u.sla/K Seere -tiiry to the hoard oC C out mis.sion . under the O.C.I Jrt/(te.s to the '/Yeaty oC C.heiit Dmid Thompson J-is' C Surv' to the /loon/ oC Coiitini.ssion under die C>. C . 7 Jr' of t/te Trcotv oC (i/iefil. HICA U'.Aiiiiilc (' tlw Fctur O. ii/> A- I'rim xellir.s ;>.< FltK Strrrt in a I irtjv II'. IV lustier I't.iinan d. A.ss* Survfy tipy or the Copy of t/if' the .Ls.si.sKntt Sec/e- '. iiiu/er the O.C J 'if ^^i Kinl of ('oiiimi.\sion under Trcti/v o/' (ilietU . i * '■I I Jo c h ■; ^' I 'f I ^■' I Ul i I j'i I [►'-it TJ V. Cunad o'» ion ',v/nri '•""•" 1,(1 1 THE UNITED STATICS OF .DI>.RICA with the British Fossessions of Canada Xomscotla Yew Brunswick S: Yew Foundland divided with the Fvcnch also t/w Spanish Tcrrirorii'S of Louisiana and Florida acconiuuj to the Preliminary Article}: ofD'acc •^innrd ar VersciUes the 20':^! of Jan-'UH'^ London. Fiihlished for llSayer and J Bciuwl .jJFh"; Sn-r»t 1783. True Copy I'rniii the Oriijinat iSi(}Hpd) Oconji' W. ll'lu'siler nrni'l.siniiu A- Ass' Surveyor I hfrrhy Certify this in he a true Copy of (he Copy of the ahove titled Map """' "" ''"' ^'''<' nC llie .Issistdiit Secretary to the Hoard of mmnu.ssionrr.s muter the ti.Cl Jrtirles of the Treaty of David 'fhoiiipson Jss' C Sarv'' to the Hoard of Cotnni '■' ti.C.7 drtieles of the Treaty of Ghent. cL m' P. undland \ n jj Ij R O ^ THE UNITED STATES OE AMERICA with the British Possessions of ((UwdaXovascotia, iVfwBnmsw/rk & ¥ewFcmndlaiid, divided with the French also tlic Spanish Territories of Lcndsiiina and Florida according to the Preliminary Jrt ides of l^eace myned at Versdilles the 20'^ of JanU783. London, Vnhlished by Laurie Sc Whdde.Mi Fleet Stivet . 1191. True Copy from the Ori(jmal (Si (filed } George W. Whistler Draftsman A- Ass^ Surveyor. f hereby Certify this to he a true Copy, of th* Copy of the above titled Map now on the t'de of the Assistant Serretarv.to die Board of Comnds.sion under the 6.C.1 Ardrif o/^the Treaty of Ghent. David Thompson Ass* (' Suit-' the hoard of Coiiimissioi under ti'ie 6. C. 7. Article of the 'lYeat} of Ghent. *, Itand, R. yor. (itltd Map now lion under tht /lontp.son ••' tht hoard of ConiniLs.sion , ' 6. ('. 7. Artide of the 'lYfotv