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Photographic
Sciences
Corporation
23 WEST MAIN STREET
WEBSTER, N.Y. 14580
(716)872-4:03
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TWENTY UNSETTLED MILES IN THE NORTHEAST
BOUNDAUY.
\
Fou nearly three hundred years, and almost without cessa-
tion, there has raged a conflict of jurisdiction over territory
lying near to what is known as the Northeast Boundary of
the United States. It has been generally assumed, how-
ever, that the Webster- Ashburton treaty of 1842, together
with the Buchanan-Packenham treaty of 1846, settled all
outstanding differences with Great Britain in the matter of
boundaries, and few people are aware that there is an
important failure in these and earlier treaties, to describe
and define all of the line which extends from ocean to ocean
and fixes the sovereignty of the adjacent territory. From
the mouth of the St. Croix River to the ocean outside
of West Quoddy Head is a distance of about twenty-one
miles, if the most direct route through Lubec (Channel
be taken. Somewhere, from the middle of the river at its
mouth to a point in the ocean about midway between the
island of Campobello and Grand Menan, the boundary be-
tween Maine and New Brunswick must go, and, infercn-
tially, for about one mile of this distance it is t^i rably well
fixed. But this is only an inference from ttic ^||:ene^ally
accepted principle that where two nations exercise jurisdic-
tion on opposite sides of a narrow channel or stream of
water, the boundary line must be found somewhere in that
stream. That this has not been a universally accepted prin-
ciple, however, will appear later. Throughout the remain-
ing twenty miles, the territory under the jurisdiction of the
United States is separated from that under thp dominion of
Groat Britain by a long, irregularly ahapcd estuary, almost
every wljero more than a mile in width and over a largo part
of its length opening into Passamaquoddy Bay and other
extensive arms of the sea. This large body of water, with
an average depth of twonty-Hve fathoms and everywhere
navigable for vessels of the largest size, flows with the alter-
nations of the tides, the rise and fall of which is here eight-
een to twenty feet, now north, now south, with a current in
many places as swift as five and six miles per hour. Noth-
ing like a distinct channel or ♦•thread of stream" exists, and
it can in no way be likened to or regarded as a river. When
once the mouth of the St. Croix is reached, the boundary
line is defined by the treaty of 1783 to be the middle of
that river, up to its source, but literally, as well as figura-
tively, we are at sea as to its location from that point to the
open ocean. It is the purpose of this paper to give some
account of the circumstances which gave rise to such a
curious omission ; the incidents which led to a diplomatic
correspondence and convention relating to the matter, in
1892, between the two governments interested; and the
attempt which was made during the two or three years
following the convention to determine and mark the miss-
ing boundary.
The present controversy really had its beginning nearly
three hundred years ago. Up to the end of the 16th
century, not much attention had been given by European
colonists to the northeastern coast of America, although
it had been visited by Cabot before the beginning of that
century. The coapt was tolerably well known, however,
and it had been explored to some extent by both Eng-
lish and French, who were alive to the importance of
the extensive fishing and other interests which it repre-
sented In 1603, the King of France (Henry IV.) made
the famous grant to De Monts of all the territory in
America between the fortieth and forty-sixth degrees of
north latitude, thus furnishing a beautiful example of the
definition of n most uncertain quantity in n most certain and
exact manner, an example wliich later l)oundary-lino nialc-
ors might wi8cly liavo followed. The Atlantic coast-line
covered l>y (his extensive charter, extends from a point
considerably liolow Long Island to another point on Cape
Breton Island and includes all of Nova Scotia. In the
spring of 1004, De Monts sailed for his now domain, to
which the name Acadia had been given, carrying with him
Champlain as pilot. After landing on the southern coast of
what is now known as Nova Scolia, ho sailed around Cape
Sable to (he northward, entered the Bay of Fundy, discov-
ered and named the St. John River, and afterward entered
Passamaquoddy Bay, and ascended a large river which
came into the bay from the north. A little distance above
its mouth, he found a small island, near the middle of the
stream, which at that point is nearly a mile and a half wide.
As this island appeared easy of defence against (he natives,
he determined to make a settlement there, and proceeded
to the erection of buildings, fortifications, etc. A few miles
above the island, the river was divided into two branches
nearly at right angles to the main stream, and the whole so
resembled a cross, that the name <*St. Croix'' was given
to the new settlement, and the same name came, afterward,
to bo applied to the river. The subsequent unhapi>y fate
of this first attempt to plant the civilization of Europe upon
the northern coast of America is so woll known that further
reference is unnecessary. This most interesting spot is
now partly occupied l)y the United States Government as a
lighthouse reservation, about one-third of the island hav-
ing been purchased for (hat purpose. The St. Croix River
lighthouse, carrying a fixed white and dO-sec. white flash-
light of the fifth order, now stands whore in 1605 stood
the stone house and palisade of the dying Frenchmen,
who found in disease a worse enemy than the aborigines.
The area of the whole is only a few acres, and it has
apparently wasted away a good deal since the French
I
\
sottlomcnt, relicH of which are occasionally found even at
this (lay. Tho JBhind has horno various names, that first
given having long since attached itself to the river. On
modern Government charts, it is lon it a house and
a wharf, tho usclcssncss of which had suggested to his
neighbors tho name by which it is now known. Bates, the
father of my informant, continued in peaceful possession of
tho inland until tho British forces came into control at
Enstport ut tho close of tho war of 1812. In August,
1814, David Owen, of Campobello, posted n placard
proclamation in tho town of Eastport, announcing his
assertion of ownership of this island. It Avas hardly
posted, however, before it was torn down by an indignant
American patriot, probably Elias Bates hitnself, for it is
now in tho possession of Mr. Winslow Bates. It shows
tho holes made by the tacks by which it was originally
bold and is a curious and valuable rolic of thoso Iroublu-
somo days in tho history of Eastport. 'Backed by tho
British army, Owen took forcible possession of tho island
and removed tho buildings to Campobello. Tho American
II
-!
owner, Batofl, procured n wri» for the nrrcst of Owen,
claiming tlamngcs to the exlcn* of $2,000. The writ
wn« never served, ns Owon was c«roful never to cotno
witliin the jurisdic 'ion of tliu (;ourt, after the withdrowal
of tlio UriliHli troops. After this it wns in the continued
occupancy of Americans ; Batca pastured shcop on it, and
Canadians who had attempted to erect a weir at the oast
end of tlio island wore prevented from doing so by a
warning from Wlnslow Bates, and did not furtiicr assert
their claim. The island was incorporated into the town
of Eastport, and when that town was divided it was
included in that part known as Luboc. As long ago as
1823, the sovereignty of the island was adjudicated upon
by the American courts, on the occasion of the confisca-
tion near its shore, of "sundry barrels of rum" by olort
Customs officers. Judge Ware made an elalwrato decision,
in which the whole case was admirably presented.'
His construction of the Report of the Commission was
♦• that it assigns to each party a title according to its
possession, as it was held in 1812," and ho finds that the
island is within tho domain of the United States.
If further ovidenco wero necessary, it could be found in
tho early cartography of this region.
In a map entitled "A Map of Campobello and other
Islands in the Province of Now Brunswick, the property of
Will Owen, Esq., solo surviving grantee, etc., drawn by
JoImi Wilkinson, Agt., to Wm. Owen Esq., Campobello,
30th September, 1830," there is drawn a broken straight
line extending from tho southern end of Deer Island to tho
eastern point of LuImjc Nock, which lino is designated
" Fllium Aquoo" which must bo interpreted as meaning
water lino or boundary. Pope's Folly is on tho American
side of this line. Moreover, it is an hislurlcul fact that
English and American vessels formerly exchanged cnrgoes
1 Wurc'8 Reports, 1823.
\
22
I
on such u line, not far from Eastport, which was assumed
to be the boundary line. A British Admiral's chart of that
region, dated 1848, shows a dotted line intended to repre-
sent the boundary, which runs to the eastward of Pope's
Folly. Moreover, the principal ship channel is between
the island and Canipobello.
In the light of all of this evidence, and more of a similar
character, it seems unreasonable to suppose that the Com-
mission under the treaty of 1814 ever intended this island
to bo included in the general declaration ''all other islands
shall belong to His Britannic Majesty." According to all
recognized geographical principles, to traditional ownership
and continued possession, and to early and authoritative
maps and charts, it is a part of the State of Maine. To
deflect the boundary line so as to bring the island under
British control, would distort it to an unreasonable degree,
and would result in greatly increased diflSculty and con-
fusion in the administration of customs laws and regula-
tions. Against all of this the British Commission could
only set up a literal interpretation of the report of the
Commissioners under the treaty of Ghent, to which the
representative of the United States felt compelled to refuse
assent.
Another difference of opinion, almost trivial in magnitude
but suggestive in character, arose as soon as the range-
marks defining the line as agreed upon in Washington had
been actually located on the ground. Nearly opposite the
city of Eastport there is rather a sharp change in the direc-
tion of this line, amounting to about 57° 25'. It was dis-
covered that there wos included in the angle at this point,
on the side towards the United States, the better part of a
shoal known as Cochran's Ledge, a locality much fre-
quented by fishermen, and, indeed, the very spot on which
the American fishermen had been arrested by the Canadian
police in 1891. The result of this discovery was that the
commissioner representing Canadian interests declared his
28
unwillingness to agree to the line as laid down at this
point, and desired to introduce a new short line cutting
off this angle so as to throw the ledge into Canadian
waters.
In some measure growing out of this controversy was a
third, relating to the line from Lubec Channel to the sea.
For about half of this distance the channel now and for
many years in use is a dredged channel, created and main-
tained at the expense of the United States. Through this
it was proposed and agreed at Washington to run the
boundary line. Previous to the making of this there was
a more or less complete ard satisfactory natural chan-
nel, through which all vesseh passed. It was crooked,
and was, for the most pail, much nearer the Canadian
shore than the present channel. It has now largely filled
up and disappeared; the principal current having been
diverted into the new channel. In running the bound-
ary line through the latter a much more even and, in
the judgment of the American Commissioner, a much
more just division of the water area was secured, but
it was discovered to have the locally serious disadvantage
of throwing to the Canadian side certain fishing weirs
which had been maintained practically in the sanjo spot for
many years and which were mostly owned and operated by
American citizens, resident in the town of Lubec. It is
true, as suggested in an earlier part of this paper, that
their continued occupation had been stoutly resisted by the
Canadians, and serious conflict had once or twice arisen.
There was, of course, a certain amount of reason in de-
manding a line following the old channel, which undoubtedly
was the only channel, when the original treaty was made.
Adherence to the well-founded principle of equal division
of water areas, however, was thought to bo wiser and more
just by the representative of the United States, even if it
required the surrender of a few comparatively valueless
fishing-privileges, the right to which was of very doubtful
24
origin.
Those who thought they would suffer in this way
made strong appeals to the Departnacnt of State and a
claim for the old channel was afterwards embodied in the
propositions made by the United States.
The differences between the Commissioners regarding the
three points above referred to were the only differences that
were at all serious, and these, it is believed, might have
been removed had they enjoyed absolute freedom and full
power of adjustment. Thus restricted, the Commissioners
could not and did not come to an agreement. At their
meeting on December 30th, 1894, the American Commis-
sioner submitted three propositions, to any one of which
ho was willing to subscribe. The first proposed the entire
line as originally laid down in Washington, with an addi-
tional section throwing Pope's Folly Island into the United
States ; the second suggested a literal interpretation of the
Convention of July 22nd, 1892, restricting the marking to
three lines " in front of and adjacent to Eastport" ; tlio third
recommended an agreement on portions of the line, with
alternative propositions as to Pope's Folly and Lubec
Channel, to be afterwards determined by such. methods as
the two goveinmoiits might agree upon. None of these
was acceptable to the British Commissioner and in turn he
submitted five propositions, none of which was satisfactory
to the representative of the United States. They all
involved non-action as to Pope's Folly Island, but included
action favorable to Canadian interests below Lubec.
At the last meeting, in April, 1895, it was finally agreed
to disagree, and the preparation of a joint report, setting
forth the principal lines of agreement and disagreement
was undertaken. It was at last resolved, however, to
report separately, and a full and detailed report of all
operations was made by the American Commissioner and
submitted to the Department of State.
What was actually accomplished by this joint Com-
mission was the laying out in Washington of a rational
nnnii^iify.
1 this way
ito and a
C(1 in the
irding the
enccs that
ight have
1 and full
nissioncrs
At their
Coinmis-
of which
tlie entire
nn addi-
le United
on of the
nrking to
tlic third
lino, with
d Lubec
cthods ns
of these
1 turn he
lisfactory
rhey all
included
\
y agreed
t, sotting
^reemcnt
'ever, to
rt of all
oner and
it Corn-
rational
5T ^UOOOY
Mt*0
Sketch Map of Passamaquoddy Bay showing proposed Boundary with alternate lines
below and above Lubec.
I
I i|iiiWiCiiL'Bilift.'JU'i.""""<"
25
boundary line, extending over the entire twenty miles of
undetermined boundary, and the actual erection on the
ground of range-signals and monuments indicating this Ime.
These still remain and, as a matter of fact, are quite gen-
erally accepted as authoritative in the immediate vicinity,
thus making it every day easier for a future convention to
fix definitely the direction of the boundary and thus quiet a
dispute which has already continued a century longer than
was necessary.