v-/^ IMAGE EVALUATION TEST TARGET (MT-3) ^^ 1.0 I.I UilM MIS li£ III 2.0 12.2 us 1.8 !.25 1 1.4 1 1.6 ^ 6" ► „Sciences Ltorporation 23 WEST MAIN STREET WEBSTER, NY. 14580 (716^ 872-4503 I/. j9 i p '^ CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfichas. Canadian Institute for Historical Microreproductions / institut Canadian de microreproductions historiques ©1986 Technical arnd Bibliographic l\lotas/Notas tachniquaa at bibliographiquat Tha Instituta has anamptad to obtain tha baat original copy avaiiabia for filming. Faaturaa of thia copy which may ba bibliographically uniqua. which may altar any of tha imagaa in tha raproduction, or which may significantly changa tha usual mathod of filming, ara cl.ackad balow. D Colourad covars/ Couvortura da coulaur f I Covars damagad/ Couvortura andommagio □ Covars rastorad and/or laminatad/ Couvortura rastaurAa aVou palliculAa □ Covar titia missing/ La titra da couvortura manqua □ Colourad maps/ Cartas gtegraphiquaa wt coulaur □ Colourad ink (i.«. othar than blua or black)/ Encra da coulaur (i.a. autre que bleue ou noire) □ Coloured plataa and/or illuatrations/ Planchaa at/ou illuatrationa en coulaur Bound with other material/ Reli* avac d'autres documents n n n Tight binding may cause shadows or distortion along interior margin/ Laraliure serr«a peut causer da I'ombre ou de la distorsion la long de la marge Int^rieure Blank leaves added during restoration may appear within tha text. Whenever possible, these have been omitted from filming/ II se peut que certainea pages blanches ajouties lore d'une restauration apparaissent dans la taxte. maia, lorsque cela «tait possible, ces pages n'ont pea tti filmias. Additional comments:/ Commentairas supplAmantairas: L'Institut a microfilm* la maiileur axavtiplaira qu'ii lui a At* possible de se procurer. Las details da cat axamplaira qui sont paut-4tra uniques du point da vue bibliographiqua. qui peuvent modifier una image reproduite. ou qui peuvent axigar una modification dans la m«thoda normaie de fiimaga sont indiquis ci-dassous. r~~j Coloured pages/ Pagea de couleur Pages damaged/ Pagea andommagAas Pages restored and/oi Pages restaur^as at/ou pellicui*es Pages disco>o'.sred. stained or foxec. Pages d*color*es. tachat*as ou piquies Pages datachad/ Pages d«tach*es Showthrough/ Transparence Quality of prin Quaiit* in«gale de (impression Includes supplementary materii.., Comprend du materiel supplimantaira Only edition available/ Seuie Edition disponible j j Pages damaged/ I I Pages restored and/or laminated/ Q Pagea disco>o'.sred. stained or foxed/ Pages I I Pages detached/ r^ Showthrough/ I I Quality of print varies/ r~j Includea supplementary material/ r~| Only edition available/ n Pages wholly or partially obscured by errata slips, tissues, etc.. have been refilmed to ensure the best possible image/ Lea pages totalement ou partiallement obscurcies par un fouillet d'errata, una peiure. etc., ont *tA filmies d nouveau da fapon d obtenir la meilleure image possible. This item is filmed at the reduction ratio checked below/ Ce document est film* au taux de reduction indiqu* ci-deaaous. 10X 14X 18X ax n 26X J 12X 16X 30X m onv 24X (meaning "CON- TINUED"), or the symbol V (meaning "END"), whichever applies. Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the uppter left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: 1 2 3 L'exemplaire film6 fut reproduit grAce A la ginArosit6 de: Bibliothdque nationale du Canada Les images suivantes ont «t4 reproduites avec le plus grand soin. compte tenu de la conditio!, et de la nettet6 de l'exemplaire f ilm6. et en conformity avec les conditions du contrat de fllmage. Les exemplaires orlginaux dont la couverture en papier est imprimde sont fiimis en commenpant par le premier plat et en terminant soit par la dernlAre page qui comporte une empreinte d'impreesion ou d'illustration, soit par le second plat, selon le cas. Tous les autres exemplaires originaux sont fllm6s en commenpant par la premidre page qui comporte une empreinte d'impreesion ou d'illustration et en terminant par la derniAre page qui comporte une telle empreinte. Un des symboles suivants apparaltra sur la dernidre image de cheque microfiche, selon le cas: le symbole — ^ signifie "A SUIVRE", le symbole V signifie "FIN". Les cartes, planches, tableaux, etc., peuvent fttre fiimAs d des taux de reduction diff^rents. Lorsque le document est trop grand pour Atre reproduit en un seul clich«, 11 est filmA d partir de I'angle sup4rieur gauche, de gauche A droite, et de haut en bas, en prenant le nombre d'images nAcessaire. Les diagrammes suivants illustrent la mAthode. 1 2 3 4 5 6 DBFINrnVB STATBBiIBNT* ON THE PART OV THE UNITED STATES, OP THE CASE REFERRED, m PWhSCANCE OP THE CONVENTION OF a9TH SEPTEHIBER, 1827, BETWEEN THE SAID STATES AND GREAT BRITAIJV,, TO HIS MAJESTY THE KING OP THE NETHERLANDS, FOR HIS DECISION THEREON. PRINTED, BUT NOT PUBLISHED. WASHnrOTOtf: PRIXTKD AT THE OFFICE OF THE UNITED STATEs' TELBOHAPH. 1S29. CONTENTS. . North-west angle of nova scotia, &c. - . . § 1. Preliminary Observations, ---... FirBt Part — Objections to the ^mencan Line examined, ^ 2. General Arguments, applicable to both the Bay of Fundy and the Gulf of St. Lawrence, ---... 1. Refutation o the assertion, that it was intended to assign to each Power, the whole of the rivers which had their mouths in their territories, re- spectively, ---... 13. The term " Alantic Ocean," in its usual acceptation, embraces the Bay of Fundy and the Gulf of St. Lawrence, - - . . § 3. Objection derived from the designation of the Bay of Fundy, as disUnct from the Atlantic Ocean. (First British Argument— Summary,) 1. The special designation, which in one clause of the treaty, restrains, can- not affect the general meaninsj of the term " Atlantic Ocean," in another clause, -...._ 2. Reason why the Bay of Fundy was thus specially designated in that clause of the treaty, S 4. Objections to the River St. John, derived from other sources than the terms" of the treaty. (Second and Third British Argument— Summary,) 1. The proposal on the part of the United States, prior to the treaty of 1783, to mak- the River St. Jolin the boundary, does not affect their right to the contested territory, - - . . . ^2. The Canadian origin and subsequent sales, &c. of the Fief of Mada- waska, are altogether irrelevant to the question, 3. The notice, in 1765, not to hunt on Indian grounds, does not prove that they were iield to be within tiie Province of Quebec. Fourth British Argument,^ ------. J .1. Objections relating to the Gulf of St. Lawrence, - . . . 1. Further proofs that the rivers, emptying themselves into that Gulf, are- comprehended amongst those designated in the treaty, as "Rivers that fall into the Atlantic Ocean," ... ... ■:. The error in Mitchell's Map cannot affect the obvious mcanin" of the terms of the treaty, - .... .° .) C. Objections derived from the signification of the term "highlands." (Fifth British Argument— Summary, ) . . . ° . _ l.That term, indeterminate in its general sense, does not necessarily inea.i a mountainous country; defined by the annexed condition of divid- ing rivers; proper in that general sense, as descriptive of any dividing ground whatever, --.,.. ■i. It ii used as synonymous with « height of land;" which last term is ap- plied exclusively to the ground which divides rivers, without reference to the absolute elevatio . or character, in other respects, of such ground, 3. Mitchell's Map proves, that the negotiators did not, by "highlands," mean a generally mountainous country, .... 4. The surveys under the late Commission do not even prove the facts, (irrelevant if proved,) asserted, respecting the character of the highlands' claimed by the two parties respectively, Page. 1 1 4 4 8 14 14 18 23 23 28 33 34 34 36 40 40 44 48 48 i? « 7. Objections .Icrivfd from a presumed constant assertion of the Britisl, cla.n. s.ncc the treaty of 1783. (Fou.-.l. British Argument-Summary 1. Attempts by Canada, 1783-1794, . . . ^^' 2. Madawaska Setllonient, • . . * " •'. Uritisli claim not nsseited, 170<1-1614, . . \ 4. American claim asserted, 5. Negotiations of Glicnt, 1814, . . , " C. New Brunswick Jurisdiction, - - - . * Second Part— 77,c Hrithh Line rxamintd, . . § 8 The terms of the treaty arc irreconcilable with the British pretension, . r.c North.westan«lc„f NovaScotia m-ut boon the dividin,? highlands, -. Ihe boundary l.ne must, /,«,« the said angle to the North westernmot ^ source o Connecticut River, be along the said dividing highlands, .. n e,polat.ons and M.bslitutions of other expressions to the terms of the CommisS' " """*'' ^^''^ '"'' ^"'"'"'""i""'"-. ""der the late 4. Attempt to pervert the meaning of the word "to divide" '. « !). Intentions of the framers of the treatyof 1783, ascertained, . 1. Deduced from the identity of the boundary, designated by the treatv w.th those assigned by the previous public acts of'oreat Bdlin, ^ £ Provinces of Quebec and Nova Scotia - . » ". w me 0. Inferred from the maps published between 1 763 and 1 783, '. 3. Proved by Mitchell's Map, which is acknowledged to have regulated the' jmnt and official proceedings of the framers of the trea^ . § 10. NORTKAVESTEUNMOST HEAD OF CONNECTICUT RIVER.' " ' " T„^RrvL^l^^.XJS^"^^^^^^^^ '*!^^«- ^^ NOTES TO THE STATEMENT. A Extent of the Fief of Madawaska, B Governor Pownall's information, ,'"''" h Observations on the Engraved Maps, - ' " * ' F Adolphus-g History of George the Third, - . ] ] -• - 30 50 55 56 38 60 6S 63 63 64 6fi 68 71 72 73 77 78 82 86 88 88 89 94 95 96 L ERRATA. Definitive Statement. P»«e 9, lineSO— For<>diMnict,"read "diftinet'' 14, " 9— For " nor" read •• or." 38^ •' 40— For " the" read " her. " " " 41— Strike out "of Great Britain." 41, •• 36— For" conditiona" read "condition." 43, "33 -For " had" read " hare." 44, " 35— F3r'>therfore"read"thercfoi«." 45, " 46— For "their" read "the." 48, " 5&— For "uBneeMar>" read "unnecetiaiy." 50, " 33— Strike out "of." 51, " 44— For "of," at the end of the line, read "to." 53, " 33— Strikeout "by." '9, " 6— For"poHauon"read "poMcwioo." 90, " 50— For "in" read "on." 91, " 7— Strike out " that of." 92, " 7— For " Bait" reiid " Wett. " ■H I STATEMENT. I. NORTHWEST ANGLE OF NOVA SCOTIA, &o. §1. PRKLIMINARY OBSERVATIONS. Some of the Preliminary Observations of the First SUitcment, on the part of Great iv.-imi„.,yoi, Britain, appear to have been intended for the purpose of suggesUng, that the treaty of ■"""""• 1783 ought to be interpreted by rules different from those universally recognised for the construction of treaties in general. It is difficult to understand, for what other purpose it is asserted, that a Boundary established between the United States and the remaining British Provinces, and there- fore common to both, "was made in reference to the boundaries of the Provinces relinquished, and not in reference to those which remained under the sovereignty of the King:" an assertion which appears still more extraordinary, when it is recollected that the description in the treaty of the Boundary in question, is almost literally bor- rowed from that of the boundaries theretofore assigned by Great Britain to the Pro- vinces of Nova Scotia end Quebec. Another assertion equally uncalled for, is, that the relative position of Great Britain to the United States, at the time of negoUating the Treaty of 1783, (or the Provisional ArUcles of Nov. 1782,) was that of "a Mother Country treating with Colonies not yet recognised a« independent;" and that "from the period of the cession by France of the Province of Canada in 170.3, to that of the peace of 1783, the whole of that por- tion of N. America belonged to Great Britain." It might with equal propriety be asserted, that all the United Provinces of the Netherlands had belonged to Spain till the treaty of Westphalia. It is notorious and in proof, that the United States refused to o|Mjn a negotiation with Great Britain until their independence had been prcviou.sly actually recognised; and that Richard Oswald, the Commissioner appointed on the part of Great Britain, was accordinirlv by his Commission dated 21st September, 1782, authorized to treat with any Com- missioners or persons vested with equal powers by and on the part of the thirteen United States of America; his former commission of the 7th of August precedinij appointing him to treat with any Commissioners, named or to Ikj named by certain Colonies or PlantaCons therein specified, being at the same time expressly revoked by his said second commission. («) The acknowledgment of the indeiH^ndei.ce of America was only the rccoRnition of an existing fact : an acknowledgment not wanted by the United Stales, in order to establish the fact, but which, by putting an end to the war, was highly important to them; and, it may be presumed, not undesirable to Great Britain. I il i I yi I (a) Written Eviilencr, No. 9 (a) lr»ttl' '» ''^-'inc thoT . "'"' '^ ^'°'"- PuiWie aL. '' '"^^ ^'-ter, as n.oditied or ex/J!:; ^tl "'.r'"™''>- A v.r 1 '' *"'''"•''' '■"•»» ".col j:;t;x'7«'''.i»T^^^^ «™tco„f„„„i, „,.. f^"' '^"ra ■■>«»«., a, cl;,i„,,,| |,v,r,„„ ., , , y "'g'Wand that M are admitted to 18. n» «<■ (1.0 IlritMh '^'o'ved in ob.icu- fficient accuracy, ■*.anii ttianccfs. lion.N. »», l>c presumed 'msetts' Day, i,, ' Charter of that • ""hjcct, which equally evident, Jt none in Uiat i«l«nce o/Tcrcd, c JinolKjiv ,g„ a« soon as con- <"y have been •"'id had they ^-'''eral jwinta vcstigation of J'-ficd, not to unce to Com- ' conformity 'thcr several ''y a opocial line of Mil, could ariw; '"ch is now '"«■ obscure, '•C'S i*, ill •■'^i'l's thai isti^oiiche. ^'c extent, "y «livido ITS of Uio '» and the Atlanti,. "f Nova '" wiiJii,, ty then> ««lv.. .nto ,h. Hivrr St. Lawrrnr... from any other river or river, whatever And .t IS hkew... «okn«wl..dKe.|. on her part, that .|„. boundary line, claimed l,y her i, .rom hat ,«.„t. and thn.uKh three-lifths of i„ extent, along hi^hlan,ls whic'h do no! actually ...vide river, that empty them,olvo« into tho River StI.wrcnce. from i." v »Hher river or rivcm whatever. ^ Tho quertion at im>. between tho two C»overnme„t» therefo.t, is. whether the crms of the Tre.ty. which .lescriln, ,he North-west An«lc of Nov. Scotia and t oundary ,.„.. from that point to a source of the Connecticut Kiver. as bein J. ' c- lr".l "rV"" "'''"'""'''•• "'"'•" •"^'"" '*'-' -ivc. that empty themXe .n the first plac, tba, the terms of the treaty weru M.scep ,1 :f' t ; rZ: winch she ascribes to them. • "'*- inuiprLtaiion S ttement, ,o sustain tho main position on which the pretension of ( rea. Hr ta founded. No attempt is made to prove, that the terms of the treaty can be o . t ", as to mean the reverse of what they exprew And it i, h..o.. , .k T '""'"""'' wholly irreconcilable with her pnaensilriha^ll^T"''.!'''"' '''"''"'••' ;. ..as boen done in the Stat Jnt o.r^l^^r:::^:;^ ^^'^^/^''^S clZaV 'Z """"'"'' "'"^ '-^ "'"^"' »"•' ^ -''•- i'>tentions v^i ch t wil c found have been most gratuitously ascribed to the fr.mers of the treaty Admitting that there was .some founilni;,«. r,>.. .k„ • •. . T »,, >™,u, ..„„ u,.„ u.o„ ,^„,., ,, „„ „;j;; : ' , . «— "- 1 his observation would of lt«i>li' Iw, ™ .■ r . ^•^•h). It is a matter of regret t^rtll alt be f^; K "•' "T'T '" •^" '''''' ""J-''""- in« into details, which will extend Zk 1 ' IT .""*' "'"'"'' """""^ -"«'- boon .nticipat;.. Hut 1 o i^ t e S Ts T"7' ^^'"'' '"^ ""'^'""^- °^ '^^^ with the inconvenience of .ivin. t Zn™ " 7 ',''"" "'^ ""^' '" ""'-■"'''^"' .in^plc and clear in itself; th^ i^v^^ a Z^^ ^ ^ ^tlj^r:." "t^''^^" "'''' in^in a striking manner, the arKum:its which :^:t:Z^ I '^0:^2? .sustain the pretensions of Great Hrlinin ». I *• i • "'^" •■'"""■ attempt to -i^uy of tile right of the vZ s:^;::^ lit^d^:.::;'" '''-"'- "^^^ ^^•• fhe observations in the Hritish Statement embn.ce the following point, vix • A general a.sscrtion. that the fiamers of the treatv of 17si T .•ach Power tlic entire po.s.sess.on of the river, v.. . ' ""'"' '° *'''' '" DoniinioiKs, i-espectively. '"'' ''"''" '^''"^ '"""""' "ithin their The «eo«r,phical signification of the term « Atlantic Ocean "' - i.o the Atlantic ocean,^;i:::c;;r:^;;::::;-^- ''«'^^^^ Iheinduclionswbiclimay bedrawn i„r,.(;.,., . T ijotiations of 178.'. an.l from the f 1, " "''"""""^ "^'•"'' •■'•'>'» 'J>e n,- ""• '— '.i- " Fief .if 'ii;:;;;;'. """™ "^"^'^ °^ -^ -'••-■• «-" o.- i.nd k„ow„ b,. Ami »'"""'in»i) (». Hrt'iiliiiu, .m""",!,T °'" '*■'"' "Rttific'tior of the term « Highland*,'* and the character of th<»e olaimed by both Power i respectively. The Acts of boUi Parties, and the opinions expressed by rome of their officers^ in relation to the contesttxl territory, subsequent to the treaty of 1783. Those several points will be successively investigated ; always recollecting, how. ever, that they do not affect the main question at issue, to which we will afterwards rcert. FIRST PART. OBJECTIONS TO THE AMERICAN LINE EXAMINED, t $ 2. GE^nimAL ARGUMENTS APPLICABLE TO BOTH THE U \Y OF FUNDY AND THE GULF OP ST. LAWRENCE. Rivers iuteraecl oil. The first effort in the British Statement, to prove that the rivers described, in the Treaty, as fi Uing into the Atlantic Ocean, do not include those that empty themselves into :he. Bay of Fundy and the Gulf of St Lawrence, consists in an appeal to certain p'etended intentions of the framcrs of the treaty, in the following words: "There being between them, (Canada and Nova Scotia,) at Uie period of the treaty of 1782-3, no certain and ad.nowledged Boundary, no man knew where the north- west angle of Nova Scotia leally was; and the negotiators of die treaty proceeded by- other modes to describe the intentions of their respective Governments, which wei*, (o give to each Power the entire possession of the great rivers which hare tiieir mouths within their dominions respectively." That there were certain and acknowledged boundaries between Canada and Nova Scotia, at tJie period of the treaty, v\ that the reference in it., to the north-west angle of Nova Scotia, could not have been made, had not this been a oornt previously determined, has been conclusively established in the First AmericanSUtement No mAn, indeed, knew the s|jol of groimd where that angle would be foraid; but, in order to ascertain this, nothing mow was believed, at the date of the treaty, to oe n-cquired, ihun the operation of surveying the line, to be drawn due North from the source of the lliver St Croix, tUl it met the dividing highlands. And admitting the unfounded supposition, that there was at that time any uncertainty with respect to those higjh- lards, it is most cert;in, that il»e negotiators of the Treaty resorted to ao other modes to describe the intentions of their respective Governments, than that of defining the boundary in the Tivaty itse'f. The assertion is inferred, from what is called the rationale of the case, aiKl from tlie preamble of the preliminary articles of 1 /82. The rationale of the case consisU in saying, that, " by the treaty, *he River St Croix, whfoh is described as having its mouth in ti>e Bay of Fundy, is expressly assif ^8d as the extreme eastern limit of the United States;" and that, •' in the meri- dian of the source of this River, is placed the |Joint of dei>ark:r° for the whole line of boundary, which is, to be thence traced westward." Whcncs; it i» inferred: l.st Tliat "It was evidently determined, in this very important part of the boun- dary, to divide from each Jther, at their source^ the several great rivers assigned to each power Such intent, the expression 'highlands which divide,' plainly denotes; for what couhi be tf.c object of selecting iiighlandsat all in reference to rivers, if ihcw ' AND THE ISC, aixl from TrlTi '" "" ""''Ji'''' "" "^'Z °' '^""''"•^ indi^scriminately, either at their "'"r. .n..^.. hources, or in any part of their course?" «''• aclly. Tha;. 'the St. Croix being the extreme eastern limit of theJlJnitedSUtes the only r.ver8 wh.ch could have been mtendcd to have been thus divided, were surel.y tho* which empty themselven between the meridians of St. Croix, eastward, and ol" the head of t e Connecticut Hi^er, westward; thus securing to the United S^tes the who e of each nver emptying within their own tenitory, and to Great Britain the whole of each river emptying within her territory. " In the first of those infei-ences, the t,rm « to divide" is used in two different senses W here ,t first occurs, and as applie.1 to the highlands, it means, to separate the sources of one class from the sources of another class of rivers. In the next sentence, and as ap- plied to he due North Ime, it means, to cross or intersect one and the s..me river ^"•^^'^"'. *'«'««"«« the Boundary, extending westwardly from the north-^vest angle of Nova Scotia to the source of Connecticut River, was to separate from each other, « l/,etr sources, the several rixrs falling respectively into the Ri^-er St. Lawrence nd , into Che Atlantic Ocean; ,t is inferred, that it was intended that none of those ivers *hoaW be ,«/emc/erfin any pail of their course, by another and distinct portion of the The second pretended inference is only a repetition of the assertion intended to be proved There is no connection between the fa.t, that the sources of the rive sto « divided, he westward of the meridian of the source of tho St r^- , <• . United States can claim no territory, and the aTsil^^tnchZ; Z^ Zv t. Suites cannot claim that portion of the country watered bv hZ' u '^ situated tvest of that meridian. ^ ^ ^^""^ '■'^'"' '^^'^^ '« The United States contend, that the intention of that clause of the trp,.„ c what it purports to be, vi.. that the boundarv line should hZ^h . uT '"■"'"''^ the north-west angle of Nova Scotia to ,h; Cd of C; 'ne^t Se:^^ each other the river, that empty themselves into the River S LawrZ: I""" which fall into the Atlantic Ocean; that this imperative chu^ thuT '^".: '"" rivers, applies exclusively to that particular parC Tf tl B^/d v tl ."f ' fined; that it does not prescribe, either to divide or not to ; I" ..t ZT'J'^' any injunction whatever, with ,Ts,«ct to an v other nortion of ,Zu , ' ? *'"^'"' two Powers; and that every other portion olhes^i I r '''"•■'' ''*-''^^*^'^" ^''^ the rivers (lowing into the St. Lawrence. " ' d'Viding ,t from The line, which bv f lie tn-atv is mit nnl.r ,1^,^,- i > the St. John from the St. Lawr n t Ts ^^^^^^^^^ ^utexp^ssly directed, todivide w.st angle of Nova Scotia, .,. "he . „ 'co Tr " "'^""'-^ '"'•""' "'^' "-"'- .om the .urce of the si ..-.:::,: iirr^;::: r ^^^-'^ "- ^.■o^-t:s;:ir';;::;'l::rr;.r^^^^^ ;K>.n y,r.-ijlraff, a-lverte.I ,o; it must have b.e or'o n , ,'7;', "r'^-""'''' '""'" length of a straight line are determined by the tJ. ; o? " ; r^;^^"^ "-'- -' render any further description .superduou.. -md ■',■" '"'''^"/"'""' '"'""" 6 which are expressly defined in the treaty. """" ^'"'"'^ That preamble was originally prefixed, in the same words, to th*. fm.mr.; I upon, on the 8th October, 1782, bet^veen Richaid OswaWrntrnTn R m'^^'I John Jay, and which are contained in the paper No 1 e„lf H • T J'""''''"' ""'' ter, of 5th December, 1782. (c) ' °'''* '" ^- ^^''^nklin's let- The 4th Article is in the following words: " That the navigation of the River Mississippi, from its source to the Or» . .. for ever remam free and open, and that both there, and in ailrlvor? T u \ '^"'^ ports, and places, belonging to his Britannic Majesty, or to the n; ,"« "' '"'''' any part of the world, the merchants and merchanshTn/f^ ^^'^ States, or in be received, treated, and protected, lirtrfm cha„rand ^^ T '"' ""' "''"' ''''' reign of the country: that is to say the Britrmerehal Z T''' "' ''' "^" one hand, shall enjoy in the United States, and ira ;at; b on"" r^K"''^' "" ''"^ protection and commercial privileges, and be liable o^ U 3ch "' '"'' "'" as their own merchants and merchant ships, and on the othe hid tl'"' T '''''"' merchant ships of the United States, shall eniov in all nuT J ■ ""^'••'''»"<'' and Majesty, the same protection and cLmercTp'r i ^ T^^^ *" '^^ «"•'-"- charges and duties of British merchants and me h' nt' 1 L ^ '" *'^ "'"^ chartered trading companies of Great Britain suchevn.. ' ' '^ "'"''^^ ^° ^he respective posts and establish.nents, ^ n^ZXl u L I" "in '"' '"'^' '""" ^'^-•'• of the more favoured nations partici^ "a '' "' "^ ^'"''" ^'•"«'"' "or any It is impossible not at once to perceive that thr «v„,« • "principles of liberal equity and Lip ocitv " all ^ ""f '"''' '" ''^'^ P'-««'"''le, eluded," so tHat .>erlio„, re.peoling the inteotion. of the fr.mer, of the Treat, i, no. irr:::''bvT:°''' '"' " " ""■"""" '^ "y •" ■™«- '^n™- r negouaiors, and by the various provisions of the treaty. It has been conclusively sliewn,. in the First Ampr,no„ c* . was practicable, and clearly with respect to trep^rrn^f'hrb'T "^^ .ion, the boundanes were declared and desilnard brth! t ^ ' ""'" '"'="" principle or arbitrary gro.ds, nor wiiTtw \l t::::S'ZZZtn: treaty and in those acts^salon a Lusivep^^^^^^^^^^^^ "^^'^ '" ^'^ to each Power the entire possession of those rherswhchL^J^^^ "T "^'«" their territories .-espectivciy. ' '""' ^^^"^ """"^^ ^^i^""' This presumed intention is equally disorovp.l I,v .i,„ i • • r no. adhered to „Uh re.peet t. ae/o.her'^patT thi bLX"""' ' " '"' Cba.pb.io, and ^Ll oL/wlX 11 oTl r' 'J'T'' "~' '-"''° ins wiUiin the United Stale- th. „™.T , ''"'"'^"'" ^ Lawrence, leav dominion. Of . BH.trlr.n^dTXTltf 3"!^""° '"' se»tb::;etfS:r rsrr^::'.----"',' •'--" - - R.gi., ...Jall,l,eHL,"itho„te«e.."n ,^ t„ 7 "■ '""•"™'' "'■""' ^t Ibe great lalce,, or int. that river ,T„ " '"^ "" """I'- "">" '-•« - ^a or t,,at in,n.e„„ ". "ki^l' St. ,.,„„ ap'p,/, With e"r ,,'; ::: tfce ;:z^ T," '•' *'" "" ''■™ e».en.i.e „„„n.,ie, .iiLd on it, ta e a , T "™°"'' "■"' " "'" ivalu.. And, on the |nineiple ,he aswmes. (/) Viic: The Charter of Massachii«ct».'n»„ .K « ■ Miantic Ocfan 8 ^K.vo™in..™.c..,, might With equal consistency, justice, an.l ndherence to the terms of the treatv cla.m all the territory, on the South of the River St. Lawrence nn.i of iV .' reservoirs, .Jiehhelongs to the Unite.. States, as she no: Z' ' ^/p V. ^ he has.n of the R.ver St. John, which lies West of the line drawn due Nor h Im the source of the River St. Croix. On the other hand, as it will be conclusively established in the course of this in- qu.O', that the .q,per basin of the St. John is, by the express terms of the I 3 w.th.n he boundaries of the United States; in what respect, on the principle he s! ZnV^lT"\^T "'■''^'" '' "'"* •"^'■'"^^ "^"^ '-""e'. than tlat "f the United States to the lower basin, and to the mouth of that River- that is to sav the most valuable part of the Province of New-Bnmswick' ^' tend/: tzrrrrs;; ^r:^:::rr^r^"^ greatRiversMobileandAppalachicL,andm;mZ^^^^^ ing the mouths of all those rivers, together with a narrow sh" 7 .' ''■""■ without the Boundaries of the Uiiited States; ^^i st th hde of th^u "" '°"*' than nine-tenths of the country watered by hose rtlr nd ho L l ?"' "■"°" is, by the treaty, declared to be within their dominionT ' '''''"''' The Rivers St Croix and St. Mary, from their mouths to their sources- the Riv.. Connecticut, from its source to the 45th degreeofNorth latitude- the mS r the latitude of the Lake of the Woods to That of the 31st p 1 tl^ 7 '"' " nication between Lake Superior and that of the Woo s C Lak ^ rom its North-western extremity to the Mississippi, and'filVt \ u "^ 1 ^ from the source of the River St Croiv tn thn h; ,1 11 , "'^ II,. bou„.lari». ,.re.„iJ br,hc .,«; " ' ' ""■""" ""■ "=•""■'"" '"' The Uniad States contend, that, thmugh its whole extent between those two And when Great BriUun insists, that the intention of the negotiators was to di r;:^:,r:i::;3ri^h::rr^^^^^ ^eextra^dina^ in.rence, that the on,;;:r ;;;';:; 2. Il^a^^ ^UZ::::!:;^ .iosignated by the treaty as dividing, is precisely that which wa. nte , t , J « ^ .heB::ii^;::t::s:r:::-^^^^^^ ..on .0 the suggested intention. It was known to the tVamers oH ;^':; ^wmt' i.ear by Mitcheirs Map, that th- due North line must neces.rily c J't.'.e W ; " n nitary streams ot that river. The line does accordingly cross'some of Us^^e" v.thm two miles of the source of the S,. Croix, and before i, reaelu-s Afars' I Hi less than three of those tributary streams, viz: Hull's n.-aneh, ,h. Rive.- M.Juxncker and the Presqu-isle River. The country 01. the West and along thii-.v^^ :,:!;• he due North Ime, watore.l by those three rivers, i. acknowl..,lg:.d by brc-t, Ij" ' to he witiun the territories of the United States, although the nu.uS. of Vaat river swt^ in iier dominion.s. " Geographical practice is .I.-clared, in the IJri.ish Statement, not ,0 be the prinoi.ni Sround on which Great Britain re.ts her distinction, between the May of Funlly, "L d»w„ from oUcr ™r<». m.v h.™ 1 .k '^ ^'''' ^ «»™i'le'«lion. ieu, .he li., „r k™.,, .„at",f of slI^Ll^r"' ""*■ "'^ " "• '- ■"- .v,irofTrr.tr:t:'::::^r::irsr"T''r''^'-' sioiw, including all inlets bivs an.! «.lf T ''"'^"""°"«5 "O"- 'hat those subtlivi. *n,e,,, ,..., .Lai.;ro' X I'^l'^.tr. »r t """"^ " -r '- must be understood to embrace the si.h„r,iin ♦ u . ? "' '^''^" "^'^ "'one, sion may rc(i.iire. ^'' '""' propriety as the occa- No one can doubt that, when thpftiiif/,fi?- i j ortheChesapeak, ar. sp^:i^^lylTal'^^^^^^ «ay. considering them, for the time, apart and asZ,^T\ J ^' '"'P'^^ P"'-P°«« "^ Mediterranean, and the Atlanti : Tor It whertt t r""' '"'" ^^ "»"'^' ^« cision the situation of St. Petersburg VenZ A ^ f "^ " '" '''"'^"''^ ^'^"^ P*^" lar inlet, gulf or bay, on whi hthl^cS ' ^^ Z^^l' " ^^'""""" '"« P^-^-' be specified. ^' "^ respectively situated, must necessarily But this use of specific names does not at all nrPr.nf »i. meaning of the generic terms, when then, is of .r u "'"' "'" '^'"'"•"■" th« ;.eroha„t, when speaking of the Medi^rTnl roTthrn r* ''""'^ ' """^''^ braces that to Venice in the first instance, and It to Sp. I' """'' '''""^^ '^'"- And thus, a voyage from an European J,rt whe ^ ^^^•/.^'^"•'"••g in the second. New-Vork, is always, and with eq^prrp ir^d a v "'"°"'' '" ^"^'^^' ^ '^ The Instances given in the 13'th page onhfeSS^^ vant: nor is it perceived for what o'bjct mt!l^S m^Z r' "''"'""' '"•^''=- rcference to those general and specific design tio„/C '''''"'"' *"' '" American coast, two inlets of the sea, known bv Z ? '"''' ""^'"'^ °" '^e "Gulf of St. Law..nce;" and MitcheH's M " V coZ" T' °' ^""•^" -" proves, in that respect, nothing more- unlets LwhTu/"''' '''"y """er map, rnuch larger and more conspictous IraterVof l^^^^ ;"^r'' ^"' ^'^'^ object to represent it as a whole, of which the s fd Zjlf 7 '''""' '""' '"'"• parts. '" «"'« "ay and gulf were subordinate When the generic term "Atlantic Ocean " an,l ♦»,„ •• .• .nets, are used in the same sentence, either a^Jniternt, "'""" •"" ''"*' °'" ■•^•' ed irom each other, the tern. ..mJin" iTe p"!' l'?"^,' °^ »! -"'-'i^tinguish- .mphed; the signification of the general term irttr.h ""' "'^^'-^i^" or understood as to exclude U.e iale't Uius i Un tlv 7 '' "T"'"'' ""' '^ '""•^^ '^ - pre.^.. several instances are gi.en in theS ^l^irnl'- ""' '"' ""^^ ^' - ■neans, that some of U.ose r.-ers had their noth'LT'" """• ^''' '"'P^-'- and the word main, prefixc-' . .-««« 1^." ^ '''' "" ''''= "'''>• «'" ^ "•«'>'; part of the ocean. '' "'""^'^ P'""^'^"'' that he considered that bay is AilMtie 10 In the description of the boundary of EwtFloridn, as defined by tlie Proclamation of 17fl3, the signification of the term "Atlantic Ocean" is, in the same manner, re- strained, so as to exclude the Gulf of Mexico, and what is there called the Gulf of Florida; the word main, though not expressed as in the preceding case, being never- theless necessarily implied. There is, in this instance, a superfluous uto of specific appellations. After having ilefineil the land boundary, the residue would have been as explicitly and more cor- rectly described, by 8inii)!y saying, that the province was boundeti on all other sides by the sea. A striking instance of inaccuracy, arising from the same cause, is to be found in the article of a plan of a treaty with France, also quoted in the British Statement, in the following words: viz.. " i'hc Most Christian King shall never invade nor possess himself of Labrador, New Britain, Nova Scotia, Acadia, Canada, Florida, nor any of the countries, cities, or towns on the continent of North America; nor of the islands of Newfoundland, Capo Breton, St John's, Anticosti, nor of any other island lying near to the said continent, in the seas, or in any gulf, bay, or river." If, on account of the disjunctive, or, it may be inferred, that gulfs and bays are altogether distinct from, and not embraced by the general word seas, (g) it may equal- ly be concluded from the word nor, in the first member of tlie sentence, that Nova Scotia, Canada, Florida, ac. are not countries on the continent of North America. Notwithstanding such inaccuracy, this and similar sentences must be construed as they were clearly intended^ and the word seas, as meaning the "high seas," and in that particular sentence, excluding any inlet, gulf, or bay of the seas. In that clause of the treaty, however, which is at this moment alone under consi^ deration, tlie term << Atlantic Ocean" is not contradistinguished from, or united with either of tliosc, "Bayof Fundy" or "Gulf of St. Lawrence." It must necessarily, iii its usual acceptation, and as the generic term, be understood there aa including both those inleU, unless it can be shewn that, as is true with respect to some of its other g(!ographical subdivisions, the term "Atlantic Ocean," when used alone, has been usually understood as excluding those two inlets. Geographers have usually divided the whole of thfe seas into five great subdivisions: the Atlantic, the Pacific, the Indian, the Arctic, and the Antarctic Oceans; and when either of these are contrasted with each other, those groat generic distinctions are ad- mitted and proper. But Uie acceptation of terms, as generally used in common laii- guage> is the only proper guide in the intcri)reUtion of treaties; and there are several European seas, which, though embraced by the geograjihical definition, are commonly considered as not included within tlie term " Atlantic Ocean." The Mediterranean and Black Seas were the first known to the ancient civilized nations; they were therefore the first which received special appeilation.s: and that of Mediterranean has been used from the earliest times to distinguish the sea still known by tliat name, from the sea without the straits, at first called Ocean, and now Atlantic Ocean. By a parity of reasoning, the Baltic, being a close sea, was from its first discovery considered under that name, as distinct from the ocean. And although, us has already been shewn, (A) Uic Irish Channel and the North Sea are held, in correct geographical language, to be included in the general term "At- lantic Ocean," it is also true that the term " North Seas" is commonly used as com- prehending both the Baltic and the Nortli or German Sea; and tliat the term "Chan- {g) The woftl seas is in tliis inst:»nce takpfi in tlie Ilritisli Statement 'm sviiOnvmous, as it really Is, the .Ulantic Ocean. (A) WiiUcn Eviden.:!', \o. fi. n nel" has also I«3en used as inclu.ling both the "Manche" or British and the Irish >»'!«... o«.. Channel. Long .Mage has consecrated thoac exprewionB; and it will therefore be admitted that although geographers, in their great divisions of the Ocean, consider those several seas as part, of the Atlantic Ocean, they are generally, in common language, taken a., d.stmct; so as to render it doubtful whether the term "Atlantic Ocean," used by Itself in a public document, could be properly understood to include those inland sea/ But It may be confidently asserted, that in common language, as well as in ib, Reo- graphical acceptation, the term "Atlantic Ocean," when used alone, and its meaninc IS not rcstraine,! by some other expressions, has ever l>een held to embrace all the inlets, bays, and gulfs of the American coast; or, that if there has ever been any ex- ception, it is solely that of the Gulf of Mexico. Thus Governor Pownall, when speaking generally of the Atlantic Ocean, considers It as embracing even the Gulf of. Mexico. "We know from observation how much higher the Atlantic Ocean is than the Pacific; and how it is piled «« against the American coast on the mstern shore of the Gvlf of Mexico, driven thither by the trade winds," &?. ^ Mr Bouchette, Surveyor General of Lower Canada, in his topographical descrip- tion of that province, (i) speaks of "the vast collections of fresh waters forming the Cham of lakes, that, through the channel of the St. Lawrence, descend like another sea, to swell the bosom of the Atlantic." And again, "the River St. Lawrence ' . ' ' , ^ , ' * , ■ receives nearly all the rivers that have their sources ,n the extensive range of mountains to the northwards called the Land's Height, that separates the waters falling into Hudson's Bay still further to the north, from those that descend into the Atlantic " In this last instance, the term "Atlantic" embraces both the River and Gulf of St Lawn^nce. In the first, as the channel of the St. Lawrence can mean nothin, but the River St. Lawrence, which empties itself into the gulf of the same name that gulf is there again identified with the Atlantic. ' In another place he says, " Beyond this range, at about fifty miles distance, is the rulge generally denominated the Land's Height, dividing the waters that fall fntT 2 St. Lawrence from those taking a direction towards the Atlantic Ocean This chain commences upon the eastern branch of the Connecticut "river' takes a north-easterly course, an.l terminates near Cape Rosier, in the Gulf of St. Lawrence " As the ridge thrrc described commences on Connecticut River and terminates at Cane Rosier, the waters divided by that ridge from those that fall into the River St Law rcnce, embrace the rivers that empty themselves both into the Hay of Fundv „nH into the Gulf of St. Lawrence. ^ """"y ""'^ It is declared, in the Proclamation of 1763, to be the royal will thit nn r^„ Of the colonies of Quebec, East Florida or West FloHdashou^l p^^L^^^^^^^^ beyond the bounds of their respective governments; "as also that nooLrnoror Commander m Chief of our other colonies or plantations in America, do presume for the present, and until our further pleasure be known, to grant any warrant of su;vey or pass patents, for any lands beyond the head or .sources of any of ,he rivers tT fall into the Atlantic Ocean from the west or north-west " ''' Tho.se other colonies, lying between those of Quebec and East Florida, extended along that line of demarcation beyond which it was forbidden to grant lands from the north-easternmost sources of the River Susquehanna which lie torth of 1 4. , gree, to those of the Altamaha River in 33 degrees of north laUtude ' The .space occupied along that line by the sources of the Susquehanna, Potomac, (0 Written Evidcncr, No. 4,1. IS Ailuik Oena James River and Roanoke, and of their tributary stream,, h more thav. one half of th^ whole extent of the line. An.l of li,o.se four rivers, thn three lir.st nan.ed empty them- selves mto the Atlantic Oeean, through U.e hay of Chesapeake; and the Kounok., through an inland bay, known by the name of Albemarle Sound, which has no com' mumcation with the sea, but through three narrow and shallow parses. It cannot therefore be doubted that in this instance, by rivers which fall into the Atlantic 0- cean, those are meant which fall into its bays or inlets, aa well as those wliich fall di- rectly into the main ocean. The following provision is found in U.e preliminary arUcIes between France and Great Britain, of the 20th January 1783, and was acceded to by the United States- (A-) "That such vessels and effects as should be taken in the channel and in the north seas, after U.e space of twelve days, to be computed from the raUficaUon of Uie said preliminary articles, should be restored on all sides. That the term should be one month from the channel and the north seas, as far as the Canary Islands inclusivelv whether in the Ocean or ia the Mediterranean; two months from the said Canary Iv lands as ar as the Equinoctial line or Equator; and lastly, five months in all other parts of Uie world, without any exception, or any other mor« parUcular descripUon oi _ In this instance the term << North Seas" must have been understood to include th. Baltic but, a. a d.sUnct term for the limitation of captures was assigned to the ehan- ne and Uie north seas, it was necessary to disUnguish both by their special names- and no inference can thence be drawn, whether Uiey were, or were not, understorto be distinct seas from Uie AUantic Ocean. "crsuiou to As Uie same t«rm is assigned for U,e Ocean and Uie Mediterranean,, their being dis- tmctly specihed by Uieir respecUve names proves, U,at they are U,ere consiZd as disunct seas liut Uie term "Ocean," which, in reference to the coast of AmerTcrcan only mean Uie Atlantic Ocean, is the.. „.ade to comprehend all it. oUitTrnZ am, bays. wiUiout even excepting U.e GuK of Mexico; since it was not deemed nee" to enumerate any of Uicm specially. "t-t-tssary Similar terms of limitaUon had in U.enegotiaUons at Client been, in U.e first in sUnce. proposed by U,e American, and in substance agreed to by U.e British Plen .^ Sr; !2, ' ° ''-'' ''' ^"•^''^"" ^^^"^^^" ^-^-' -^--^^ "oZ; "The term to be fifteen days in the channel, in the norU. seas, in all parts of the AUanUc Ocean to U.e equinoctial line or equator, and in all parts of U,e MedUerrane an Two months in U.e AUantic Ocean, to U.e laUtude of'u.e Cape of GoodlW and Uu-ee monUis in all oUier parts of the world, " ' ' In this, as in the .ormer instance, Uie words " AUantic Ocean" cleaily embrace all .IS American .nlets and bays, wiU.out excepting the Gulf of Mexico. In J.e^er tion proposed to this hy Uie BriUsh PlenipotenUaries. and which will be al,|y!ed „ a subsequent part of this Statement, the term " AtlanUc Ocean" embraces U.e gIL" WesaX" '" •^'^^"«"'^'>«'» '■-'» "^- Gulf of Mexico and all parts of Ua' The provisions finally adopted in U.e treaty of Ghent U.row no furU.er light on «he subject, on account of the terms in which they are expressed. A still more conclusive argument wasoffered in U.e First American Statement which has been anticipated in that of Great Britain. It is in order to weaken itsTorctutu atthesame Ume that it is suggested in U.e BriUsh Sutement. that all bays Td' g^ft (*) Wp (Mil Evidence, N(i. 9 ( j) (/) Wn : (1 Kviil. nci-, No. 46. ("0 Written F.Tidence, No. 46, 19 must te taken as so diMinct from the «,a, and ocean,, with which they arc re.pcctrve- au.,..ic o...„. ^connected, a.s to convert the generic term "Atlantic Ocean" into a mere .nerific designation, embracing neither of the inlets, bays, nor gulfs connected -vith if m ex »ept.on .s attempted to be made, with respect to what is called another class ^f bay/ These are stated to be "merely the expansions of the mouths of .ivers, of which thev tt:""'' ""' '° •" " "«"'"' '" "° "^"^^ "«"' '"»" - P-'-- »'■ ^ho riv.?s As the Sagadahoc Hay and the Penobscot Day, th«,ugh which the rivers Kenne hec and Penobscot empty themselves into the Atlantic, are specified by their n me , M.tchell's Map .t was felt that, unless such an exception coul.l be made, th. cm cl s.on was unavoalable, that, if the Day of Fun.ly and the Gulf of St. Law nc Z J considered as disUnct from the Atlantic Ocean for all the purposes of tlXa 7 h ' wa.^ no nver which could, under that instrument, ,. co'nsiLed as falirng L tt But there is no foundation for the distincUon. The names of " bay" and " .rulf" have been md.scriminately given every where to inlets differing as much in cha^a Icr as m size The appellation of gulf is equally given to that of LyonJ „ VJ' ^t ^f Finland, though of an entirely different character: of two inlets of t^r. I one is called Hudson's ^./y, and the other clVof ^ I ."'„ "™"'"'' tionof the River St LawreL which e:t^ s tr m the Itt Zf ^h^ sT' "" Tr Hosiers, might have been ..istinguished by the .pXZorl^Z^^^^^^^^ propriety, as what is called "Hay of Delaware. ' \he nan e of !^B j:'': i„Tct been given to inlets of every size and description. In Mitchell's Ma7v, 1 are designated, (Casco Bay, Well's Bay, J.) smaller th n that of P '""' ^* which do not bear the name of any rivers' emptying il them ' ""' doe« no?""' ''"' "7 \""'""°" ^"^ "'' ''''"''' "^■^'•^'°"' that the term " Atlantic Ocean" does not in general embrace the Bays and Gulfs connected with that Ocean it would rest solely on the fact, that .such Gulfs a«d Bays are known hv . , "^''"' '^ ''""''' the Gulf of St Lawrence If those Bays which are described in the Britrh sL mcnt, as the expansions of the mouths of rivers, can be regarded in no other IK. h as portions of U.e rivers themselves, those Bays also, which, ke that f F m ^b.^ contractions of the Ocean, must necessarily be reg«rd;d on,;": ^LLt',:;: Croix falls into the Bay 'of Passan:;:^ ChJ 'T"^^ ments, held, not as an expansion of the River St CroTx hut Z ^ ?°''"'"" of Fundy. („) Both bays are formed by a num^.er :n:ia l::';;;^:'!^^^^^^^ the Delaware may be considered, a continuation of the rivers which f 1 1'. It cannot, at all events, be denied, that Long Island Sound tT^;' ":/"'"• t.cut River emptiesitself into the Atlantic Oeefn, is a large n 7 of the t .."""; as distinct and marked character as the Bay of Fmuly • nmhit tl o R r "' °^ is, as much as the Penobscot and the Kennebec onL of tt . 7"" ^r"'"'"'" treaty as ta.liiig i„to the Atlantic Ocean, wh^t^LTb . , Zm ^w!:' 'Vlr .ng into the St Lawrence; since the boundary line extends 11^ i^T^^ lands, as far as the North-we.sternmost source of that rter ' "'''"^' "'«'■ The argument remains unshaken, that, (with the exception of such Bav „r r ir may be excepted by virtue of some other provision of ,h trel.v if the r" . '• T Minto the Atlantic Ocean through a.g^ili bay, or inlet, i^w,;^;; a dilZ r! (-0 Written Eviacncc, No. 1. Treaty of Ghent, Art. 4. 14 M..m.»o,„„.„c not, in the cl.uacs of the treaty in which Huch rivm are mentioned, to he held a. "river, fulling into the Atluntin Ocean," there in not , single river, contc.nplate.J by the treaty as such, to which the closcription uj.plion. Finally, it is only necessary to refer to the cin.wr of the treaty of 1783, now undci oonsukrotion, to Im; satisfied that its meaning admits of no douht. Thcwordsare : " The Highlands which divide those rivers that empty tliemselves into the River St. Lawrence, from those which fall into the Atlantic Ocean." Inthatsentcnco,notonly the AtlanticOceanisneitherunited with nordistinguished from th.. Hay of Fundy nor the Oulfof St. J^wrence, hut it is expi-e.s»ly distinguished from the River St. Lawrence, and from that river alone. And this is the neremntorv reason, why the " rivers that fall into the Atlantic Ocean" must, in that clause, be ne- cessarily understoo"se terms, "Bay of Fundy" and "Atlantic Ocean," " being taken as distinct and separate, the one from the other, in one part, (of the treaty,) they must surely be equally so considered in every other part; for it would be contrary to all reason and consistency, to assign one meaning to a term in one clause, and a different moaning to the same term in another clause of the same instrument." This sweeping inference, in support of which not a single argument or authority has been adduced, is altogether denied by the Unitetl States. They contend, that it would l)e equally contrary to reason and common usage, to assign the same meaning to a term in one clause, which it may have in another clause of the same instrument, when it appears from the general tenor of the two clauses, and the expressions used in each respectively, that the term, in one is restrained by those expressions, and has, therefore, a narrower signification; whilst, in the other, it is used in a more general sense, or is restrained in a different manner. In one of the clauses of the treaty, the term "Atlantic Ocear." is contradistin- guished from, and must, in construing that clause, be held as distinct from the Bay of Fundy. In another clause of the treaty, the same term is contradistinguished from the River St. Lawrence alone, and must, accordingly, in construing that clause, be held as distinct from that river alone, and nol from the Iky of Fundy, nor from any of the other inlets, which, in its gcnerul sense and common accejUation, are part of the At- lantic Ocean. This is perfectly consistent with the appropriate rules of language, by which every instrument must be construed. But as it is obvious that the objection, on the part of Great Britain, rests exclusively on the inference thus attempted to be drawn, we will now proceed to establish the correctness of our own construction, by unexceptionable authorities, taken from British documents immediately connected with the subject. 1. The boundaries of thcGrant to Sir H. Roswell and others, by Charles I., dated the 4th day of .Miuch. 1 ii'iS, and commonly called " the Colont/ Charter," as quoted Iff in tho Charter of the Province of M«««,l.„.sotU- May, were well a. wherever el«> it occur, in the Or.n., u«,d in it. general «nse nnd embrnce, both the Hay of Fundy and the Oulf of St. Lawreneo. The Grant ol Inlands and Sea.,, whether for aix le«gu..,, from the We.t. Nor.h and South, or for forty from the South, i. expressed in the «me wor.l. (^ar/*«.,, omnia r»anar, The sens thus granted and deseriln:.!, as extendi,,^ from the North and Kast. from the South are the main Atlantic Ocean. The emphatic word, ..from .e. to wa'' Or) man ^t'I mare) most clearly mean and can mean nothing but, - from the main At- lantic and Bay of Fundy to the Hirer anu Gulf of St. Lawrence." Thus we hare a direct instance, where, the Hoy of Fundy and the Gulf of St. Law- rence bemg, m one clause of the Instrument, specifically described and distinguished by their respective names, the general term .'Seas" is nererthelcs* used and under- •toed, in other clauses of the same Instrument, as embracing the said Day and Oulf Theterm " Sea," is uniformly used, in the Grant, instead of that of Atlantic Ocean It will not be denied that they are, a. to its object, perfectly synonymous: and wo hnd another proof of this, as well as of the general meaning of the word, used in th.- brant, in a pubhcat.on of the year 1624, by the Grantee himself. Sir VVm. Alexandm • where,,peaking of the limits of his Patent, he says, .« leaving the limits to be appoint-' ed by hi. Majesty s pleasure, which arc exprewed in the patent, granted unto me un- •Icr his great seal of his Kingdom of Scotland, (marching upon the West towards the river of St. Croix, nov Tweed, where the Frenchmen did design their first habitation ) with New England; and on all other parts, it w comptmed by the Ocean, and the Great River of Canada." (r) The Grantee seems to entertain some doubU, as to the cerUinty of the limits be- iwecn New England and his Grant; which probaWy arose from the manner in which the Northwardly line, from the River St. Croix to the River St. Lawrence, is describ- cd in It. But he wys expressly, that, on all other parts, it is compassed by the River St. Lawrence and by the Ocean; which last term therefore clearly embraces the Bay of Fundy and the Gulf of St. Lawrence. 3. InalltheCommissionsoftheGovernomofNovaScotia.fromtheyearneS tothe year 1782, (,,) this Province is described, as being "bounded on the Westward by a line drawn from Cape Sable, across the entrance of the Bay of Fundy, to the mouth of the River St. Croix; by the said river to its source, and by a line drawn due North from thenoe to the Southern boundary of onr Colony of Quebec; to the Northward by the said boundary as lir as the Western extremity of the Hay de, Chaleurs • to the Eastward by the said Bay and the Oulph of St. Lawrence, to the Cape or Pr^monto. ry called Cape Breton in the Island of that name; and to the Southward by the AtlanUc Ocean, from the said Cape to Cape Sable aforesaid, includ- (p) "IncIudcnaetcomprtlien'' "-er St. Law' ..n .h., K....„ ,.„, or 1 «;;.:;;:::;::;:;•":;;" ^^ •^^^-^ «>^ ^-^- '-i-^ M«i.. Ocean, exch.ivoTth. a/ n^ O ftTtoT', ^"""•"'•^'^r""-' '« ^he ext..nd« fron, Cape Hrc.on to ra,.. S^i!!.. ' ''"''"'" "' ^' ""'>'' ^^h'-^h croi::::jr:::^!:r:r^:.;;:::;t::^rr'"s^^"-^^-^'^^«'--'^ whatever point on that line n,ay he n,i cred'a l', ''"':\''^f .»' -• i" other word,, Southern houndary of .he Colo'y or^ZlrJjT^ "f intersection with the a..vernor« of that Colony whether »!^.r' '" l''^ <-°"'n'i«ion, of the NovaScotia. he Mar. ^l^J^^Z^ tZ^7- '' ^"f ^^"' ""«'" "'' l.ne whatever, from that p„i,.t of inter-ecUon or V 1 '■■ ""P""*'"''" »" ■ -T the Western end of the Hay des cE;, "^""^ ''^'''' «*^^''- «'• ^roix, to The rivers therefore which, acconlin^ f„ ♦!, i • of the Colony of Quebec, or Nor . ^ loun^ TT"''' "' '""^ '°"*''-" ''"""'lary that boundary, from the river. .^^ tyi "i irH ^ ^Z'"' "^^ '" '"' '''-''-'. »'7 de«cribed, as river, fa„i„, i„eo ^JJ f:^^'^^'^ '' '^---cc. and are the^ aynonymou, with Atlantic Ocean,) mJt of nl^! ^'•"'•'••"nation of 1763 as rail either into the i,ay of Kundy, 'i iZ^ tc JlTC L.T' '^"" "'"^ "'"-"• ^'-^ huH, althoush U.e tenn " Atlantic Ocean' ' i„^ ""T Boundary,.,.,., i„ „ ji^,,^.., scns.^ „„d exT^si ^ "f T T "'^'''^ '''^^"'>'"" °'" «« ;ult ot St. Lawrence; it, .synonymou, te m I.C.' i^' V' '''"''' "-' °^ ^^e on and .n reference to the division of the river; whi.h "" '"■' P'"""' "^ ^'^^^ •'•^■"•^'•ip- tr:^—' -^- "-- -:^ % a:;s^^^^^ '- - --^ ^ New Province, by the name of New ^^r' f .''"" '^°"'^ ^^^ --'-' into a the I«thmu, which .separate, it n^:' ": / ^ ,' "."^rr ';*"'^' '"^^'^'-^^'^^ ^Bay Verte,"were n.ade the .Southern Bonn! ,If 1 m p ' '""'•""''• -"-« (') Written Evidence, No. 2i. I'- ll I h I 111 IS D.y Of Fu„.>. Q,„,^,^ („, Lower Canach.) rontlnucs to 1,. docla-.-cd the Nortl.ern Boundary of iliat of New llrunswi.-k. But tl,e word. .'Atlantic 0«an," fortl.e sake, ,t is presumed, of conforming literally with the expros.sions used in the treaty of 1 7S,% are. in rerercncc to )],e division cf rivers, substituted to the word "Sea," in the commissions of tho Go- vernors of Quebec or Canada, of a date subsequent 1 1 the treaty. («) And, for the same reason already assigne.l, it is evident that the rivers there described, as falling into the Atlantic Ocean, must necessarily lie such as fall either into the Bay of Fundy or the Gulf of St. Lawrence, and therefore that both arc embraced by the generiil tenn "Atlantic Ocean." 5. Another instance will be found in the commission of 16th March, 1772, of the Governor of Newfoundland, as quoted in that of Guy Carleton, Governor of the Pro- vince of Quebec, dated 27th December, 1771. The Islands of Madelaine are there de- scribed as lying i,, the Gulf of St. Lawrena.; and the Labrador River St. John, which has Its moiah in U,at Gulf, as falling into the Sea. Thus, notwithstanding tho designa- tion of the Gulf by its spriilic name, in one clause of the commission, the word "Sea " .s used in another clau.se, not only as embracing the Gulf, but instead of its specific de- .signation. (r) It is believed that after what precedes, and having examined the authorities referred to, It will no longer be asserted, that Uie terms "Sea" and "Atlantic Ocean," do not comprehend, and have not been used, as embracing their subordinate inlets, bays, or gulfs; particularly the Bay of Fundy, and the Gulf of St. Lawrence, and in »-eference to rivers described as falling into tlie Sea, or Atlantic Ocean. Hut the principal object, was to shew, and it has also been conclusively proved, that .liOereut meanings may, without inconsistency, be given, and have in those British pub he acts iHien assigned to the same term, in different elausesof the same instrument. And It will not escape notice, that tlie proofs are drawn exclusively from documents connected with the contested lioundary, that the description in the treaty of 1783 of that Boundary was borrowed from the commissions which have been quotedi and that most of the quotations refer expressly to Uie Bay aiid Gulf, which arc the subject mat- ter of this discussion. Since, therefore, the use, in one part of the treaty, of the terms " Bay of Fundy" and "Atlaiitic Ocean," as distinct the one from the other, cannot, in any degree, re- strain or affect the natural senseof the term "Atlantic Ocean," in another clause of the t.ea y, where it .s use.l as .hstinct and separate from the River St. Lawrence alone; it would not seem necessary to inquire into the rea.son, wl,> the Bav of Fun.ly was specially designated and distinguished, in the last clause, of the second article of the treat/ \ et. If It can be shewn, that there was a natural reason, or a s,,ecial moti ve for ma"k- mg that distinction in tl«)se clau.ses, and that such reason and motive were applicable o those clauses alone, there w.ll not remain even a pretence for asserting, that he dis tmction thus made m a part of the treaty for a particular purpo.se, can be construed to applivlr" ''' '" ""' '"""'''"" "'"^ ''''' '■''''^"' ^"^ '' "•^'•^ ^^''«">- i"- The Umtcd State* are declared bythe treaty, to be bounded " South by a line to be '/'!'*'". • alo'iStl''^ middle of St. Mary's River to til.. Atlantic Ocean. East by a line to be drawn along the middle of the Riv. St C o ' from lis mouth in tin; Bay of Fundy to its source; . prehencling all islands within twenty leagues of any ,Ku-t of the shoix-.s c*" the Unit'd States and lying between lines to be drawn due Kast from the points where the afore- .sau Boundaries between Nova Hcoii.., „:•. .-,,. one part, and Kast Florida, on the other shall respectively «ouch the Bay of Fundy and the Atlantic Ocean " • (u) Written Kviilence, No». ."r ajiU j«. ('•) M'hlttii Evidence, .No. -"l. 19 scroti' '' '' "'■^''' ;'"' "" '•"'' ^'^••^'«"''^'''" "f ^''^ "•••y of Fundy must have been for B.y of Pa„d.. some othe purpose, than .n rcfcrn.o to the Kastcrn Boundary of tJ,e United State ■ Jjnce, ha. there not .een another object in view, it was unneeessary tonltionS Bay; and the hne.s .„,«ht have been described as correetly, by using'^he wo d » due La t fro,n the po.nts, where the aforesaid Boundaries between Nova Scotia, on he o." ,>art, and Last Flor.da on the other, shall respectively touch the Atlantic Oc;an " 1 he Lastern extremity of the Southern Boundary of the United States wis in th. hrst .nstance, designated to be the point where the L Mary's Rve lZ"htl us „.outh ,n the Atlantic O.ean. And the Southern extre.i^ of their East ^ Bonn darywashkew.se designated to be the point where the River St. Croix had its mouth in, or touched, the Bay of Fundy. " All the Islands, between lines to l:a drawn due East fron, those two points, wereaf- erwards dec ared to be comprehen.led within the United States. In des gnat^lgj here- lore, .n the last sentence, those two point., precision of language requSe 1 St thev ^hottldbedescnbed ,n the same terms as in the preceding sentence^vhe;hyhS t vo dd 1 ave been a most n^correet and inapposite use of language, after those points d thus been des,gnated, to have immediately after described't^em as TL nhe,v the aJoresa^U Boundaries shall respectively touch the Atlantic Ocean moutn 01 the Kiver St. Croix,) as touching that Bay. Whv the liivnr S. r.,.- thus escribed, ..n alone require an explanation: a.fd it willlt hi .vn U a he':: was lor th:s a natural, aiu. on the part of the American Negotiators, an I^ot, ta . It has ah-eady been seen, that the River St. Croix was designated in the same man ner .n the original grant of Nova Scotia to Sir William Alexander for th.T purpose of describing, with precision, the position of a rt r ^l^e "htdlv r " England, and on which the mmn »f -, r ■ u , ■ ' ^'^ ''""^^" '" but' few years b.W by t le C Th:"'" , "" '•'"'"""' '' '"^'^°^'''' "^ ""' ^om that Jrant, in the c.L;Ur:?;he ^Zii^r [IX j'""'^ '"Tr' i^ritish Governors of that Province. AHer the .::;Z^! " ^e^ r"7';^;?1 ' fma'lv agreed to confirm the River St Cmix .„.l.,:il . , "^ *"^''*> '' 1/SJhad or.„„v„iw„,u u..j:2::::::::x::z:^,:::;^-:^ traord.nary course, ,1 they had not adopted the same tern,s in ,l,.,.,.;i . . '"^'" =*" ^■^- of the river, which had been so long ui use in the .J::^:::^:^:::!^:::'::^ had been preserved uninterruptedly to the very date of the treat v (J '""' 1 Ins mention of the fact thai llic Wivi. I- Vi *■ • i i ■ • ^ ' Atlantic Ocean known by t 1 t „' ' 'jZ ) "' T' '" '"' '"'^' °^^^^ otherclansesof thet^aty t^an in a" , ^ •. '..ro " ''" "T ^""^^ ^" And it has already been shewn, with resp:t ^^C^ ^Z' """f""^- cific mention by name of '. Hav of Fumlv'- nn.l of ' 0, 1 ofTl "f •'■ " '*''^- r'r T r '-'" '-'' ^^-^ '-^-^ ^^^^^:^i^Xr^::^ used 111 another clausi-. • K^ntiic term N if *i 20 its mouth in the Bay of Fu!,; '■ " ''""" ""'""•= ^" '^'^ ^-'S-"--^ -"--« The repeated attempts, on the part of the cror.n, to encroach in .h,» chartered boundaries of the Province of Ma.ssachu.eUV LTh ^''^'I"-;""' «" th,. A conclusive proof of the general prcvailine uncertninf,, ,» # u . ■ true St. Croix, will be found in the topographic Zes r^tt of theS^ ^'^ rican Colonies, published in 1776, by T PownalJ M ^""" "^ '"'" ^"''^'^ ^"t'«h Ame- His Majesty's Province of MassachusetJ bIv In V' , , T 7 ^'''' ^"^^'•"'"- °*~ encomil f„ the British StateTet H's wonU areT ^^' '" """ ''""^^^ "'^' ^ "'«'^ " The Rii'er Passam-AquSda, or Posaam-AccSda whinl, r..„» • . u is the supposed eastern boundary 'of New En^^ltltt of'tt; "^T"^:!' er Nova Scotia; an incertain m.er S. cloi. L the'LI:' ^1^7 B^ : the French, according to their mode of taking possession, alwavs fixTd ?!!! • river they came to, almost ev^ry river on tL co J o/ sZ! y I 7 " ''^'''^ been deemed by them La Riviere de St CroLr TT '^"^"''"'^" '"^ '" ^^^ turn appenative th^ have amused ^ ^1^ : evJlT ^^r'^ ^ "^ ^^^^^^^ It Will be recollected !hat by - Sagadahoc" is meant the ancient grant to tl.e DnL- Province of M«,»cl.u,ell.' U.y, ono of ,W „,c„ .f^u" ,^ i ''''""""' '!» A.oH.„ ^.i„, .„d «d :;m„ .;i z:Lt ,:::.^; »^^^^^^^ In .he same manner, Mr. Jay, one of the negotiators of the Treaty of 1783 in I • depos..on laKl before the Commissioners appoiufed pursuant to the ^ Arlfcl. t treaty 01 1791, expresses himself as follows: '^(n settling: the bom^^ ^ ° .scr.bed in the Treaty,) and of which the R.ver St., ^r ll a Z 'Tt """ ^"'■'" quesfon, ,M/cA ^ I,, river, in tAose parts .as the true / W aV cl' • /r " ^u,d that several of the.n had that na.e. They did Una ^a^c Zfth' ^ {x) Written Evidence, No. 34. 0/) CaUed .. Oatcr Pa«,a„u.quoUdj. Ulaud." in tl.c u™,t. Written Evidence. No, 34 (z) VVfiUtn Kvidcncc', No. 2. {t to '*J ofFuniy So strongly impressed was that belief th,* U ;« <• j later, in the argument addressed LVmb;' tl i^ hT" ""'''' *--ty >-- 8ioners, (who were appointed onlv to dl J . .. ^^'"'' '" *''" «'''' Commis- when the Agent wasTg. i„g TaMhe tuoa^ . ""'" "" *'« ^"'^ «'• ^roix.) Chen. S. Croi., was tht rivl'L^Udld^t::.: ^^^^^^ ;^;^ Maga^adavic. (Mit-^ acted, "that the river which 7ZtZ * l^' n "*''"' "'^°'''''' '" ^''i<='' ^t is en- on the western side, aL 1:^^.03 y eld' l^T^^^^^ River, be held .nd deemed, for all the ^^1 in .t ? ^ '''^ """^ °' ^'^ ^-''^ dary line between the P„,vinces of MaSrt.^ Bav' hT"""?' "' *" ^'"^ '"'""- asserting that the river thus designated Zth!! f"^ '"'' ^ova Scotia," and after and which ought accordingly Tb dXu l:T"t''' '^ ^'^ '""''^y "^ »^«^. Agent p«H;eed8 as follows: "*"" *'""" «'^*"- ««• ^roix, the British not thus bound; .s it might be cllrly 2w^n th^' 'T'' '"^"'^ '" ''^ -- ''^«* Me /r«e iour^ary by which N^vrCr ^/ '°''*' '"""^ '^* '^'- f^«»'^. It the Treaty of Utrefht.Ld ouL rsueh t^ K "'^ "" *=^'''^'' '° "'» ^'J-^y Nations, to be established as the aS " L J ' ^ '^ ^'''"'^'P'^- "^ ^he Lais of And he again s.vs, in answeMl7/r"tT f '^ ^'"'^'^ *'«'"" that the Maga^adavic wa^ ZZ.lt CrtS ' ''"'^'' '*'^'' '^»'« -tended ;^u.;rrret r™^^^^^^^^^^^ certain, apply ., -ch by the Briti* Com^iLries at ^Z n 1 year^'o"' T ^""^'^"''^ ^^ - cernmg the limits of Actdl. or Nov. Scotia » (!) ' '" "^^ '"^'"""als con- ns3,\:^tir;i':-rix^ have been claimed .s such on any oZ ^ounZr L .""^ *" "'^ ^^^ ^^O^. The British Agent asserts that h ought, a^dwlti?. 1 .* T' ^"^ '^"« «^ ^'o- ^sLicrcd as such, had not a previous a of pTr, T "'^ ^•*''*^' '^"^^ »>«-„ con- . iver Which emptied it^.lf L Pa^^uod 'Z" ^ UM '"^ '' '^'^ '° ^ » no security against an attempt on the part of Gr^7H f ""' '^""^'^ ^»^« S'ven •he true St. Croix and the boundary inCel bv I ZT '^ ''"" ''' ^^'^''^^^ - that empties itself into the Bay of PasZao,.o M !' ""'' '"*= "'■^^'- «* Croix, he held and deemed the boundary be^ri^ ''' '' J'"' "' ''^ ^-'---t. to Nova Scotia, o,,, /„. „. ;.«.^: TrJi^.^rrr ' ?^.-^''-*'^' «ay and temporary enactment, n.ado for the snccial n.,,-, V ? ' * '""''^' therefore, that of the restraining act all the po;uro„:X^ ;''^^'"'^"'='"« -'''"> ^he prov" ions 'v.th the act itself, (rf) ^ ^^"^ "^ Pasaamaquoddy Bay, had expired i;. (4) Written Kvi.lencc, Noi. 23 and 36. /j\ "HI ^'' " "Men Kvidcnce No T< ^ J ■f W: 32 8>y or Funily. It was that provision iii the treaty itself, declaring the mouth of the River St. Croix to be in tin; May of Funily, which anbrilej the security required in that respect. L'mler the prevailing belief, that the designation of a River St. Croix, by that name only, was not sulTicient to determine which river was the true St. Croix, and with the knowledge of the anxious desire evinced by Great Britain to extend, under color of that uncertainly, the boundaries of Nova Scotia ti) the Penobscot, the insertion of that provision in the treaty was of paramount importance to the United States. By declaring the mouth of the River St. Croix to be in the Bay of Fundy, the only question which might remain susceptible of doubt, was, which of the two rivers that empty themselves into Passamaquoddy Bay was entitled to the designation of River St. Croix? The Western extremity of the last mentioned bay, or at farthest of Grand Menan Island, forms also the Western extremity of the Bay of Fundy, as will be seen by Mitchell's Map, by the Map A, and by reference to what 19 described as the en- trance of the Bay of Fundy, in Sir William Alexander's Grant. Not only was every pretence to claim the Penobscot, as the true St. Croix, removed by that provision, but no river whatever could be claimed aa such, tliat lay West of Passamaquoddy Bay; since, as will appear by Mitchell's Map, Machias River, which is the next in that di- rection, lies West of the Western extremity of Grand Menan Island. It may, perhaps, be asked why, with Mitchell'sMap before them, where the mouth of the River St. Croix is laid down, as it really is, in Passiunaquoddy Bay, whicii is there designated by its distinct name, that river was not, in the treaty ,^ declared to have its mouth in that bay, instead of the Bay of Fundy? Such specific designation of the Passamaquoddy Bay was unnecessary; since it would not have rendered the description more precise, with respect to the object in view. Every river West of the Island of Grand Menan was equally excluded, whether the mouth of the River St. Croix was declared to be in the Bay of Fundy, or in that of Passamaquoddy ; and either designation would have left it equally doubtful, which of the two rivers was the true St. Croix. The negotiators being un- acquainted with the Indian names of the rivers in that quarter, could not have used expressions more precise than those of the designation which they adopted, and which had prevailed from the date of Sir William Alexander's Grant to that of the treaty. But this leads to another observation. Witli Mitchell's Map before them, and a full knowledge that the River St. Croix had its mouth in the Bay of Passamaquod- dy, the negotiators of the treaty of 1783 declared it to lie in the Bay of Fundy. The Commissioners appointed pursuant to the 5th article of the treaty of 1794, to decide which, according to the treaty of 1783 was the true River St. Croix, did not hesitate, notwithstanding the treaty designation of the Bay of Fundy, to declare in their deci- sion, (e) that '*the mouth of the said river (St. Croix) is in Passamaquoddy Bay, at a point of land," &c. That bay is clearly a part of that of Fundy, and has been ac- knowledged to be such in a .subsequent instrument. {/) The desigiution in the treaty and the decision of the Commissioners afford an additional proof, that the general term is alwaj's understood to embrace its subordinate parts, unless such port be specially excepted. It will not now l)c denied that there were urgent reasons, abundant cause, for desig- nating in a special manner, with as much precision as could be obtained from the mate- I'ials in hand, the place where the mouth of the intended River St Croix was to be ibund. Notwithstanding the precautions taken in that respect, the river contemplated by the negotiators, that which in Mitchell's Map bears the name of St. Croix, has not been confirmed as the boundary between the two countries. The Schoodiac, the (<) Written Evidence, No. 2. (f) Tiie Treaty of Ghent, Art. 4. 23 fcr St. Croix spcct. by that name ,ntl with th(! idcr color oi" srtion of tlmt uly, the only rivers that ion of River est of Grand 1 will be seen id as the en- y was every revision, but juoddy Bay; t in that di- re the moutli ay, whidi is ,. declared to ary; since it he object in y excluded, y ofFundy, t it equally irs being un- ot have used I, and which he treaty, them, and a assamaquod- undy. The 14, to decide not hesitate, 1 their deci- iddy Bay, at las been ac- in the treaty general term be specially le, for desig- m the niate- X was to be ontempiatcd . Croix, has loodiac, ihe most ftMlerly river that empUcs into Bay Furidy, has Iwen decided to be t)ic true St. «»> "t f.„.iv Croix. But from what has been stated, and indeed, judging from the arguments ad- duccd in support of the claim now advanced by Great Britain, it may be fairly pre- sumed, that the field of English pretensions would have been extended far beyond the Schoodiac, had it not been limited to rivers having their mouth in the Bay of Fundy. Can it be now pretended that this precaution, the special designation made for a par- ticular and obvious object, necessary in order to obtain the object to which it applied, was intended and can be made to extend to another object, and to have an effect on the' construction of another and distinct provision of the treaty? Can it be contended that, because it was necessary to specify in what part of the Atlantic Ocean the River St' Croix emptied itself, it follows, that when speaking, inanoth.. clause of the treaty, of that Ocean, not in reference to that part, but as contradistinguished exclusively from the River St. Lawrence, it must be so understood, as to exclude that part of it, (thr Bay of Fundy,) which, for that particular, and for no other reason, it had been requi- Mte so to specify ? It is obvious, that it is only in case there had been no necessity to use the designation of "Bay of Fundy" where it is used, that there would have been any color for the pretended inference, that that designation was made for all the pur- poses of the treaty, or was intended to control the construction of any other of its provisions. § 4. OBJKCTIONS TO THE KIVER ST. JCIIN, DERIVED FROM OTHER SOURCES THAN THE TERMS OP THE TREATV. Having »hewn how destitute of any foundation is the inference attempted to be Ne,o...Uo„. .. drawn from certain expressions in the treaty, we will now proceed to examine the rea "^- sons derived from other sources, which have been alleged, in order to sustain the a.s- sertmn, that the River St. John, which falls into the Bay of Fundy, was not intended by the framers of the treaty, to be included in the class of rivers therein described as falling into the Atlantic Ocean. It has already been stated (g) that Congress, in their tir.st instructions, of August 14th 1779, had declared the United States to be bounded: .u u- ^r"l' ''^i ' ''"*' "^ ^' '''^"'" ^""^ '^"^ North-wes't angle of Nova Scotia, along * the Highlands which divide those rivers which empty themselves into the River St Lawrence, from those which fall into the Atlantic Ocean, to the North-westernmosi head of Connecticut River; ■ • • • • and East by a line to be drawn along the middle of St. John s K.ver, from its source to its mouth in the Bay of Fundy (/>) ■ ... . . II the Eastern boundary above described cannot be obtained, vou are hereby empowered to agree that the same shall be afterwards adjusted bv Com- missioners, to be duly appointed for that purpose, according to such line as shall be by them settled and agroc.l on, as the boundary between that part of the State of Massa- chusetts Bay, formerly called the Province of Maine, and the Colony of Nova Scotia iigreeahly to their respective rights." ' Although those instn .lions had been declared, by tliose of 15lh June, 1781, to be no onger peremptory. (/) the boun.larie. were defined, in the above mentioned terms a, the first propositions of the Commissioners of the United States, which were provi (g) Written Rvidenco. No. 8, page 351. (A) The mouth of the River St. John is there .lescribe.l to be in ti.e Buy of Fun.lv, for the «,ke of forn« one of the boun.tunes of the P.,.. i„oe of U.K.bee, accoMin^ to U.e rrochn.atinn of TeX (0 Writlcn Evidence, No. 8, ptgc 05^. 84 nho.u.i.«o1 sionally agreed to, on the 8th of October, 1788, by the British Commissioner, substi- tuting however to the description of the Eastern boundary, the other alternative sug- gested by Congress, namely, that the true line betwe.n Nova ScoUa and the United States should be settled by Commissioners, aa soon aa conveniently might be after the war. After some discussiona, during which the British contended that Nova Scotia should extend to the river Kennebec or to the Penobscot, and one of the American Ministers, after again proposing the River St. John, agreed with his colleagues to ad- here to the Charter of Massachusetts' Bay, the boundary, as it is described in the trea- ty, vs ultimately agreed to, instead of leaving it to be thereafter aettled by Com- missioners. The following particulars are declared, in the British Statement, to be collected from those various instructions, propositions and transactions : 1st. That the mouth of the St John River was, from the first, specifically describ- ed as being in the Bay of Fundy, while the Bay of Fundy was described as distinrl from the Atlantic Ocean. 2dly. That the north-west angle of Nova Scotia was deliberately placed by the A- mericans themselves at the source of the River St John; which source and north-wesl angle were by them taken as identical. 3dly. That the highlands intended to divide the rivers falling into the Atlantic Ocean from those falling into the St Lawrence, are (in the American projet) dr- scribed in the very same terms which they now retain in the definite treaty of nua. Whence it is inferred, " that the highlands designated in the projet, being then in- tended to divide the Androscoggin, Kennebec, and Penobscot Rivers alone, from those falling into the St Lawrence, to the exclusion of the St John, the highlands so de- scribed are still intended to divide the same rivers; and that from those rivers, there- fore, the St John is still intended to be excepted." The highlands contemplated by the first American projet were of the same cha- racter, but diflered in extent, from those designated by the treaty ol 1783, And the facts quoted in the British Sutement prove the very reverse of the inference attempted to be drawn from them. The highlands contemplated in the projet and those described by the treaty had on* common character, that of dividing the rivers which empty themselves into the River St Lawrence from those that fall into the AtlanUc Ocean. That property, being com- mon to both, IS in both instruments expressed in the same terms. But as they differ- ed greatly in extent, the north-west angle of Nova Scotia, as determined by the treaty being, according to either the British or the American claim, at least eighty miles east of that contemplated by the projet, the terms arc no longer the same, in that respect, in the two instruments. The place of beginning, or north-west angle of Nova Scotia, is distinctly stated, in the projet, to be at the .source of the River St John, and in the trea- ly, to be at the intersection of the highlands with the line drawn due north from thf source of the River St Croix. Supposing therefore that the highlands described in the projet divided the St Lawrence from the Atlantic rivers, to the exclusion of the Si John; and since that portion of the highlands, which extends from the above men- tioned source of the River St John U, the termination of the aforesaid due north line di- vides through nearly the whole of that extent the tributary streams of the St John irom thoEe of the St Lawrence; {*) it cannot be seriously as.scrted that the highland, of the treaty are, in that respect, either described in the very same terms, or are Uie same, and are intended to divide the same rivers as those contemplated in the proj-t But the terms of the projet, on which the British rely, actually prove that the River >>t John, instead of being excluded, was there included amongst the rivers fnliing in- (lij Or accordinp totlie Dritisli, from tliuac of the Tenobscut. i5 rS. W^""' " '' ''-'-' '>• '- "'«"'-"« '^™ tho. that .„ ..o the m. ^ vide tho^c rivers," &c. and fTsI " I'v a 1 ^ ^' '" '"""*' ""^ '''«''''""^'' ^^^ich di- that of the k.tc..„ :^ Z^Z^^Z'-'r^'TT' "'^"^ ^"^'°"'-" -'' Scotia and .he source of ^,c St M, UK u. '" . ""^ "'" ^'^°'-">-^-«*' ""g'e of Nova very same reason he us^the,' '' '"'"' ''" '*'"'" "^ ''^'^"^''='''- " And for the northern boundary is. i'et:;': '''^''"S 't'""'^' ""^ °" .Lo contrary the tia," without any ehas . il " "'f ''" '" '^"''"'-"'-"'^ »"«''= of Nova Sco- v-le those river, i hS?; ? ''"'"" V' '''''"^ ^'-^ '"'^'''-^^ di- NorUMvest an«le of NWaSco^:^ J Z'""^' •-'"'', "^^-^-'-'t River;" the which divide those rivers which „1 V'"'' '*'""''' °" ''"^ '^^y highlands .I'o-se which fall into U.e A Jalu; Ocl'n "" " '"" '" "^'-^'^ '''• ^^"— ' ^-- River St, John! nor the porti n ^f i ; • ^ Ind"" l'!\^"'.''-P'-^" — of the ern sources of that river can divide fn. St/ '"" "■'" "" "'"" ^°""'- '3Vcrwhichfallsin.o the Atlantic Oce„e'. U if7?"' ''"'-'"' ""^ ''''' ^^•'"»^- fore necessarily included an^onl those f. i ^ T ' f ," """■• ''"^"^"'^ "-- in the projet, as divided by the'h ^ N S T ^ t ""''"' "'"'=" '""'^ '^^^-'''-^ Lawrence. ^ mghlan.ls f,„m the tributary streams of the River St. And since the mouth of the Sf Inhn n: the British Statement, spec fi at dtcl7 "?'""" '^"•^'''''" '^^^'^^^^y «^»-» '" Bay of Fundy as disti'nct'fromte ^Z^l:T''7 "' '""'^■' '''' "'^ l>rojet afford an additional and conclusivLoin '" ^^'.'I't'''^ terms used in the ">o article, of the Bay of Fundv bv i., ^r "'' '''^^'^nation in one clause of 'H'ing, in con.e,uence of th f de sCr i; """''. '^'i " ''''''''' '-'•''-' -^^ '^ Atlantic Ocean, does not affeC, or S ' th "T ; "" '"^' " ''^^'"*=^ ^-" ^'^^ .hat fall into the Atlantic Ocea ." s!. „ 'e .. r 7""'T V''' '''"'' " ''-- though it was, in reference to the mou h of ^^ " ^'''' ''*'• ^"'"'' »'- - ^us d.ig,,.ed and distin^.is,L::i:;:::, 3'-^' ^'^-'■^ ^ .>eri.et:,i;:zxri:;;;':ri"'r;'!r."^-^''-' ^» ^^"'^^ «- ^'i-in i^ expressly descriled as divi 1 ng^Zn -iv '; f "':"r"^^ '""^ '"'^ '^'«'>'-"-^' U^e rivers intended to be divided h'sZ T "''"' f"""'' ^^^"^'^ "'-"'= I'e allowed to have, in U.eir own pro^" i ed ,. 7""'- '" ^"'^"' ^"'^'^ '""«' they used, and not to have inten^r l " il 7'' Tu 7"'""''"" *" ''^'^ --''« ^o ««/ divide the rivers therein meniioncd ' "'"' '''''''" '"^"""""^ -'-h not e:;:^;^:;;it^;^!- tr^r "-^ - ^t "^^^ " '"^ ^"'-' ^-^« ^'-^ -ately agreed on and substitut d L , ' '"" "f """ ^""^'■^^^-' ''- --^ "Iti- ''y «reat l^ritain; it is in.possi e Z^Z'^T '"": ''''''' "-' '-' '•eJecte,! United States a territory or,h of t^ T^S ' ' "" ."' ''"""'' ""'-^ '•"' ^" '"e TiK-AmericancIainUotheHiv! ";,';;/"''"' '"V"'"""' '" """'■• ''-' ^•'-- Ifef, that the Chartered Hound: :^fM :::;:;:: ;>" ''^'^'^' ^ ^he erroneous "— --''---"^.e.eeb,n.of;;;:::;;L:^-;;r^^^^^^^^ <'Ci>»,. ft if-! 36 >-,..,!,,»„„. or o,|,^,, rj,,,^„„ ,,^^ ,,^p,, aligned for timt. helief, but thnt wliirli is stated in liic Ropoit inailc on tin- 1 (itii Aiimist, 1 7Hi.', by a Cominitttc of ('onun-ns, in the following wordst : '< As to th(! territory of Sngadnhork, which is synonymous with the lands between the Province of Maine and Nova Scotia, convcyi-d by the new Charter, we can only observe upon the expression alivady cited from tlie (;rant thereof to the Duko of York, that the 'place called St. Croix adjoining to New Scotland, must mean the territory which went by that name. I fad the river only been designed, it alone would have been mentioned. It seems to have been the j)ractice of those limes to denominate a country from n river which bounded it. The River Sagadahock accordingly, at first, g.ive its own appellation to the whole country as far as the river St. Croix, and after- wards to the country from thence to Si. Johns, which bad before been called St. Croix. The i.lace, therefore, called St. Croix, afljoiningto New Scotland, was most likely intended to describe the lands between the rivers St. Croix and Sc. .lohns." (/) The reason there assigned is altogether insudicient. The tract of land lying between Nova Scotia and the old l^ovince of Maine, which by its Charier is made part of the J'rovince of Massachusetts' Hay, is luiiloubtedly the same, commonly called "Sagada- hock," wliieh had been granted to the Duke of York in the year l(>(i7. But although there might he a want of precision in the description of the Eastern boundary of his (irant, there was none, so fai as ivlated to the River St. Croix, in the boundary ai* descrbed in the Massachusetts' Charier. The words air '< the province of Main, the territory called Accada, or Nova Scotia, and all that tract of land lying between the said territories of Nova Scotia and the said Province of Main." And Nova Scotia- was, by the grant to Sir AVm. Alexander, bounded expi-essly on the West by the River St. Croix. Of this insufficiency the Committee was aware, since they acknowledge that the country in question "cannot be proved to extend to the River St. .lohn as clearly as to that of St. Croix." (m) There is indeed much confusion, in all the portion of the report relating to this boundary, which evidently arises from the difficulty, to find some reasons to justify the claim to the River St. John, which, without a sufficient in- vestigation of the subject, had been asserted in the Instructions of August 1779. („) And the American negotiators of the treaty, after a full examination and discussion, did abandon the claim, on the express and avowed ground that it could not be .sus- tained by the Charter of Massachusetts' Bay. Anotiier line, (namely, the River St. Croix and a line drawn due North from its -ource,) which intersects the River St. John, was substituted in lieu if- it. The ef- lect 01 this was, to leave to Great Britain a portion of territory along the sea shore. West and South of the River St. John, which was included, and to leave within the Lnited Slates an inland portion of territory beyond the River St. John, which wis not included within the original American claim. It cannot, without ascribing a glar- ing absurdity to the An...men., pa^-e 17, to have be.,, en„e„,re 1 in by .tlrre.I,(.,spropo.o.ll,y,l,e.:,„„„,inee.),oU,eS.cr.t:,r, f„r foreign .M.airs, an,l .loes „„t appe.r o have ever .ifleruar.l.sbi.cn.actid upon. " fl7 .nargn, to Im, .^ho mo.t favornl.I,. whid. Vo.ll. 7 \ '"' '" ""'"-'•' '" »hr Ti.at .„„. s„..t,.H, ....... . ,,.;!:;: ::;f'';-^'' "^ -^-i- i- .7«.." been contemplated a. tho North-west An«l.. of C . S o ^ ' """ "" '"'^'"*' projct : and the comparative calculation of 1 . '" ""' '"■'«"'"' ^•""■ienn i« founded, ha^accoldin^y l^ec ' ^ '"" '^T"'''''' "" -'-»' "- -«..men. .he C0U.C of th„t „.„c^L, :; ri;!; t::^r iir'" """ '"^"^^ ''""^^"■'^ S..uthe.-„ source above descrll^ ts , ! ,'" V" ^;'""""' "^^""- ^^"" "- land., and issues from the lu.hhlv ,?!"«"' "' ""^ '"'' '^•' "^"^ ^-is''- 'n the year 1782. Its discovery is ,lue to'th,. ,1 '"'* ''''"' "'>' »"'«"■» 18^0, under the late Commission ' '^ r e^wT t'^ '""'''' " •'*-' ^"'" >«'«' the surveys and maps annexed to the p oc I f ' u^ ''""' "*^." ""' "^ "-^^'^ "^ the comparative contents of tho two territ. riol Commissioners, from which -nner n.entioned in the liri Jsl^tl ^ 'm ''-'^'" ''"'''"'' '" ^^'^ for such calculation than the n,aps exis.ingal IhTlil? ''''•" '"" "° "^'"'- '>'«"• .e.t^:?':;-:r;^-!;.:tr:;-^^ an.l that which gives the result n,oM 'v:^ ^^ h;v l" "'^:"^f "« '"«'"''-'^'- made, in that map, to terminate in a smnl I th " ' "'" '' "' "'"''"^'"«' '^ ahout 6a° 18- VV. longitude -too J v . V "" T '" '""^'•'''"i'y "f which is i„ Quehec. io) '^ ' '' ''■ '""'"^'^' ''"'' "•^-'t ''4 miles South-east from .a.n^;:;;tns::::;:::r;:^r:!^"'tTr '"«^" ^'^^^^^"'^ '^^- -• oonte„.plated in the f.rst instr o s " " Z" '" .f "■":""• ''"'^'^' "'' ^^-» '^-•'•'• ••>hn. not inchuled within the "in 17 ' ■"' ''' *"'''°'"^- ''°^"' ^'^ *'- S'' — "iiesm.., is consid:a:;^i:^™;: :-;"-"'• r.^--^'-'-^ '- viver, ^hicn was claimed l,y the Unite, St 1 ''" " '^'""^ ^^'^^''^ ««■ -h by the tr..atv has talirw ,12 .e """ ^^ '" ""^" «-"-tructions, ■• -. .UKument. being sdely gr ull I , ! ''7'"""^ "' '''^'"' ^^^"-•- '''he i.W: tute of any faumla.i.n,. ' "" "'"""'"■>■ -^"Pl'-it-'-, is ihen-fore desti- known, source of ,he Hiver St. Lut ^ PsT' 7"'"^"' ^"" ^''^" ""■ nver could have been that wh.ch .L conte , ^d ^hf '"'"" ""'" "' "'"' North-uos. angle of Nova Scoiia. Ft was iher. '"= •■^""'••'.■an projet, as the _ l"-..pose,l ,ha, ,|k. Hiver St. John, (-) l-hisnins. I,av.. ben tl,. I,n.,u-h .l.si..„„,.,| i„ w,,, . ~ ' ' 1^ ii i II. ii, K I': rl 28 v>^...M^.«,.„, .Von, i.H Hourcc loiu n.outl., shoui.l ho the houndary hclwecn U.o Uinted Sutc» ai.U Nova Scol.,., leaving whhin (ho KniU-.l Stntos nil IIr. t.-rritory on the right bank, an.l giv.ng to Xova Scotia th.. « hoir country on Iho iHt hank of the river, from it.i source to itimouth. It will appear nt once, from an ini.pcclion of the Map A, and of Mit- eheir,. Map, that, from either of thos,; M.urcci to th.' place where the ,lue No-thline .nler^ectsth.. St. Join,. ,he whole connfy on the Sonth-ea.t side of the river woul.l have thus been within the boundaries, of the United Stat*.-!., and that on U,c Norlh- wc«t side within tho.s.. of Nova Scotia. Whatever breadth might be allotted to that Province in that .piarter, it i.s evident that its North-west angle must have Iwen at tome piac.. bearing North-west iVom the said point of inter*Llion, and far North Ihereforo. of either of those sources; the Westernmost being, on that supposition! iho Western, an.l llm Soulhernnu.st. nearly the South-west, instead of the North- west angle of Nova-Scotia. In placing the North-west angle of Nova Scotia at the source of the Hi ver St John the source which must necessarily have presented itself to the Americans, and have been contemplated in their projet, was that of the Madawaska or Temiseouata Lake (p) both on account of its position, and as the only North-west branch known at that lime; it having always, in a country uninhabited and without roads, been, as it con- tinues to be, the ordinary communication between the country bordering on the Hiver St, Lawrence and that towards the mouth of the Kiver St. John. The projet originated in Congress. It is not at all in proof that, in designating the hrst claimed boundary, that body was guided by Mitchell's Map ; and it is in proof that they hud before them Howen's Map, which is quoted by the Committee as one entitled to credit, (y) It will be perceived, by a reference to tlmt Map, how much smaller must have appeared the territory beyond the St John, not included within the original claim, than that lying on the West side of the river, which was aban- doned by making the River St. Croix the Boundary. The inference drawn in the British Statement will appear still more extraordinary .. the comparative valxe, at the date of the treaty, of the two tracts of country i.l question, ,s taken into consideration. Even now, when, after the lapse of more than turty years, the inland country ha.s, with the great increase of ,H)pulation and ao- proximation of settlements, acquired a proportionate valu and importance ; its soil would, acre for acre, be considered as far le.ss valuable than that of a territory the greater part of which borders on the sea coast and tide water. Hut, in the year 1782 when the attention of both Powers had been and was so entirely turned to tlu. country' on the sea shore, along which alone there were any settlement, at the time, it is quit. prepo.Hterous to suppose that, believing the two tracU to be nearly equal in extent their value could have been, in the opinion of either party, even a subject of com' parison. •* . ,eror^M=d,>v.,.. In the total absence of .solid rea.sons, resort lias also been had, in the British St^.tc mcnt, to an ancient French Grant, situated on the Madawaska River, and includinu the Lake Temiscouata, which, by virtue of subsequent .sales, happens to be now claim- cd and occupied by a British subject. This concession, known by the name of " Fief of Madawaska," was ma.le on the 25th NovemlR-r, 1G83, by the French Governor and Intendant of La Xonrel/e France and. ^cadie, to Antoine Aubcrt, a French subject, and his wife. of (,,) This i, one of .l,o«. laid down in Mitc-hcll'» Map .« ha, ing iu head opposite U. the Wolvc,' Hive,- the KivtT St. I,. ATcncc. ■»'»*.! (y) ITintcd Map. .No. 13. See S,.,-rct .lo.inul. of Pon^,,, Vol. Itr, pa^<. 19,1 written Fvi.le,,,.. Xo.H, pngt''Jj.5. .'"11111.1. led States and I'Klit bank, and from it it is quit*' in extent, ct of coni- itish Stjite- I including now claim- ladc on the '//<• Prance 'olvcs' llivci- II I'viilftic<', 2» After various mii tulions of nrowrt v hfl»w„„„ v , ,. quont to the conquest of Canada by Great HrT .'^"""' '.'"''J""'"' t''" ^'ief «'«s, ,ub.sc-. ^< -r m.-.w.. togeU.er with the .SW,,.,.., „f ,1 ^ , tl ^ ' "•; ^ho .uth July, . 703. ^• rence, by the then French ch.i„,.,H,. to oterll ' T "" ""^ """' ""'■ ^-- nor of Queh..o. lioih the Fief and the W '■"'^' '^^ "^"'"f- ""ver- ^'•^•''"^-". « 'y-.d. on UrV^Xr:;;;* f7;'"-7-di«te,a,eto , present claimant. ** ' '**"■*' '" Alexander Frascr, th, <;™ 1. 1; K,.„,„, n,r ,v"i,i„ ,J L,nZ , .' "" °'"'"" "' '•" " - '-'r <' ■" "< .:..■ v:J2 r;i:''r' ">- "- """«^ *•■■"■ on " '" -r""'^, i" '"^ ". prof..!::^ ;: X;tr srri'™ "r " '™^' now lay claim to a ti-rriloiv wl.;„K . .'"" ^"•'""••f Massachusetts' Hav. Governor of Canada M.^ . e i^.^rt V/''"'' """^^•'='' "^ « ^'-"^' and which has always furn.ed an . "'*" "*■ '^^'«"«<^h"«-"t-' Uay, France or Great Hri.ainp' ' •*"' '"^^"" '"' ^'""''J"' ^vhether held b,' and u::r s:^:r';^r ^t't ';;r r^' -" "^^-'^ r-'^ '>■ - ^-■. from the cession of Canada ,o Grlat IwZ" u- ' ''""""' """^'''"'''^ «"«' "ot at all^ as mentioned in another Jrt o t e h "h tl ""' """'""" ""^ ""' *'^-' "»-"«. "ndertheoriginaIgrant,»'th«tistosay' Jiu^^^^^^^^^^^ parcels, can possibly affect any national quo ion And 7' "'!'' ""' '" '""'""■''''^ grant to a French subject, by "a French G. rno" of Ca ;" r?7 """''''' ^'"'^ " existence of the Charter of the Mas.sachusetts' hL « ' "'' ^''^"'■•' •"" ''^'"- '^''^ rights of the United States, so farrthcrmlv h "^^ "J f '^''' ''"' ''"'"» or ,.H*re,>,„ vate rights of soil, from w'hatev" 1 ^^ Z- aJe" t "" T' 'T'"- '''''' P"' ;..n.H.andsovereignty,a„,...,,,;r;-^^^ the l;r:;rr;-irti,i^^^^^^^ by the River St. John, and its tri Iry st Z, "T'' "'''*='' '" ''<^''''^'^ -ay be. for aught that is known t t^c c^T L::.: T f.uV^'^""'- ''''^' that river, and elsewhere. South cf the 2h 7 . "'" '''■^""'''' ^'-'l" »« of Canada, either in the c^ntest^^ J^:;^^:^^:? t *"^^'•'■'^•^ ^'-inco of the United States, or of the Province oT^Z Till ^•^'"°^^'^^«^'' "-'"^--s Repo;;: a cr:^zs K:::r 2::::r n;' r ^'^ -'•'^" --- - ^"^ the year ,787, where it -^ statertrrhZ ^ ^^^^^^^^^ "ated in divides the rivers that empty themselves into the s7 "le height of land which :-|^e Atla-,, Ocean.'^'::^. e.^tldrV^^: , ^r :nir g^"^ ^^''^^^ '^" interfere with the " ,ve,>r.«,ri„ under Canadian irnnt, , f . ? ^"^•"•'""«"^ and and 1683." (.) U will also be given in pZf tha t' fl' " '^' y'"' '''' the acknowledged southern bouilry o/::^:;^;:;!:^^ ' ''''^' '>■ hi» Ma,la„,,,k„ fVf, i„ r.v„r .f fc ,i „ uZh r, 'J',"""''' '» 'li»l»» of :"7' "'' • ""'^ "•»' ^- «4S?:';'. ; X,'^™''^^^ P'*^'. .H. that quarter. ** "''^* "'* j-ench concessions in .../^^ ^*'''"''" *'■*■"'<••"<=''• ^'o- ^9, ami llriti.h Evidence No 3" .... „ ,' .r.83, bu. tl... r-„n,ml.toc .nu>U.s to other ^u^ ,, . J,;:* ,^: ,;; ,;,;"-■ "''^"-t. Fief w, "SRTantftlin r: I I ■ « 3*5 il If' M ■*■> M, 3U lt..i*qu.llynolorio«i,.ml not to be denied, that not lh« .l,gh,«« re.pectw., ,«,.,| by Oru.. Hr.U.n .o the cl.in, of France, over th.t country. The principle. ..lopto.l i« n..t rc.pof so formerly inhabited." The boundaries of the grants to Sir William Alexander, in lO^Jl, and to the Duke of York, in Um, and of the Charter of MaswchuMlU' Hay, in 1691, extend to the Gulf and River SL Lawrence, and to Iho main Ka northward and ea.,tward. In Mitchell'. Map, published in 1733, with the countenance of the Hoard of Trade, Nova Scotia and New England are both distinctly designated, and made to extend to the River St. Lawrence. Under the last designation are included the Old Province of Maine, ac- cording to its ancient boundaries, and the Province of Sagadahook, (Duke of York's Grant,) lying between Nova Scotia and Maine, and bounded on the NorUi by the Said River St Lav .ence. It is therefore evident, that at no time were any territories excepted by Great Hrl- auii from the grant, imued under her authority, but such as had been actuaJh occupied and inhabited by rome other European Power, prior to Uie year I6«0, or .uch as might be recognised by treaty stipulation, to belong to another naUon; 'and that the chartered boundaries of Ma.«achu»t-lta' Hay, at the time of Ihe ce.wion of Canada to Great Britain, extended, without any re«;rvation, to the banks of U.e River St Lawrence. The soundness of Ihosc principles, and the justice of the Hritish claim to that ex- tent, though Uiey would be contested in a discussion where France waa a parly, can- not be called in question lictween the United States and Groat Hritain. Admitting the claim of France to that part of the country to have iK^en founded in jusUce, and Uie Fief of Madawaska to have Inx-n a possession unquestionably Canadian, from the date of the Grant to the final cession of Canada to Greal Hritain, tiie question whether that concession, and the presumed right of France to the territory on the River St John, affected the chartered boundaries of Mas.,arl.usetts' Hay, is altogether irrelevant to the point at issue between the two Powers. After the cession of Canada by France, Great Hritain h.id the undoubted right, in erectmt, new Governments out of that Province, to alter il.s boun.larie.H, and to an- nex to her ancient colonies such ,)aits as she might think proiw-r, of Uic former acknow- l edgcd dominions of France. That this did actually take place, is proved by the order m •pect waa |iaii| lei •rUi by the Great Hrl- in actual Is ir I6U0, or lation; and ccsition of rUie River to that ex- wrty, can- founded it) Canadiaui c question )ry on the altogetJicr ited riglit, ind to an- r ucknow- tlie order VritU-n Kri 31 in Council, of \uKuit 17*i« ' i i th. 43th degree of North lilll^t'twl'l' P """""""' ^"" '"" "' '^'^ »'»"« ^^ "' "••'— it i" provided .. a,.t nothing herein CZ'^. TTT "' "''" ^'''^ ""•' -«• '.on.age, payment of the fn.e of alienatio n m I:^ ^^T''^'' " ^-"'^^''-^ «"«m«y?./,>,/e«,„ of the General Hospital of Queb'^^ ""^ ''"'''' '*"»''''« m tHeyear 1791, for a fief situated on ^aJ' L^^J V'' ^'-■""'•"' ^^'''^ •"«' ^--ge ne. of the BriUsh Province of Cana.la (/) ^"-^'nce, within the bounda- been considered as heinglLldf^mCW^'^:^^^^^^ "•ded hy the F«.nch Government an.l It 11 . '' '" "^^ ""' "^ 'he fief, con or the British Province, whir' an ex Zt^ " "^J ^•^'" "^ '--^'-ri: ).-r.ption. («,) N„, ,,, „ . evidence eeaUduceT^r'" ''""'*^''' '^"'-«™Phic.l hy the Government of the P^vince ofql^ZtTj V*'"^''-" ""^^ °^ >-..lic.tio„. havmg any refe,x.nce to it. No other e vid -n^e hal t^""" T'"^ '''' ""' ««'•' «"• quent to the year . 7C., in any way rela ing o tJ, " ''"" .'"■"''"'='^''' "^ ^ '^'^ «ub«3- ^md deeds of sale of the profn-rty ^ ^oncess.on, than U,c various le««.s (0 Written Rvi.lence SoSh'.Ju':'^"'^''"- (") noucLette. pa^ n iir' ""';" ''''''-'"•■ "- '^to 19. si-- II 32 I ii>t inM|iMiiawu' <,(ruinenls having been recorded in tho Province of Quebec or Canada; viz: four leases, dated respectively in the years 1768, — 74, — 82, — 86, in what is called the Re- (rister's Office of Quebec, and the deeds of sale, bearing date, July 1763 (prior to the King's Proclamation of October, 1703,) and June and August, 1802, (subsequent to the treaty of 1783,) in the offices of public notaries of the same city. It was quite natural, that the lessees and grantees, all of them inhabitants of Canada, sliould, in order to preserve the evidence of their title deeds, have had them recorded by those inferior officers, neither of whom was competent judge of what were thi» limits of the Province. Hut there was a sufficient reason why those several instru- ments should have been thus recorded. Every one, whether lease or deed of sale,, included not only tlie ficf of Madawaska, but also, other much more valuable lands, situate within the acknowledged boundaries of the British Province of Quebec. The deed of July, 17c3, from the last French owner to General Murray, includes, 1st, the fief of Madawaska, on the river of the same name, situate near the River St. John, togetlier with the Lake Temiscouata adjacent thereto, (y joignant,) containing three leagues in front, on each side of the river of the same name, by two leagues in depth, not being able to declare positively tlie extent of tiie Lake Temiscouata: 2dly, the seigncurie of the River du Loup, situate on the South side of the River St. Law- rence, containing seven leagues and half, or thereabout, in front, on an average depth of more than two leagues, (.r) The deed of August, 1802, from H. Caldwell to A. Frasc, the present claimant, as well as the three leases to Malcolm Fraser, are for the same property, and six thou- sand acres in addition, situate on the waters of the River St. Lawrence, behind the seigneurie of River du Loup, which had been granted in 1766 to Richard Murray by the British government of Quebec. The whole is sold to Fraser for jE 1 766 sterling. The lease of 1774, and the deed of sale from the executors of General Murray to H. Caldwell, dated June 1802, embrace, in addition to the above mentioned properties, the seigneurie of Lauzon on River Chaudiere, that of Foucault on Lake Champlain, the fief of St Foi at Sillery, the mansion-house and lands of St. Bruit, a house in the city of Quebec, &c. ; the whole being sold for ^610,000 sterling, (y) It is also stated, in the document No. 21, British Evidence, that the deposition of George Allsopp, (dated 7th September, 1804,) tli< Register by whom was recorded the lease of the year 1774, from General Murray to H. Caldwell, is "taken at the request of Henry Caldwell, Esq. , to be used in the causes to be heard and tried before the honorable the Circuit Court of the United States next to be holden at Rutland, withm and for the District of Vermont, on the 3d day of October next ensuing, in' which causes Henry Caldwell, Esq. is Plaintiff:" And we find the explanation of this ap- parent anomaly in Bouchettc'a Topographical Description, (r) where, speaking of the seigneurie of Foucault, he informs us that »' The line of boundary between Lower Canada and the United States (the 45th ]>arallcl of North latitude) runs through this seigniory, whereby great part of it is placed within the State of Verhiont." Thus we have it in proof, 1st, that in prescribing the Soutiicrn boundary of the British Province of Quebec, (now Lower Canada,) no regard was paid to the situation ,of the ancient French grants, and whether they fell on one side or the other of the line — 2dly, that French concessions, known to be without the acknowledged bounda- lies of that province, were nevertheless admitted to be recorde3 by the officers hold- ing theit offices at Quebec. (*) Written Evidence, No. 58, and British Evidence, No. 20. Fortlir extent of the fief of Madawas- ka, see Note (A) at the end of this Statement. (;/) Written Evidence, No. 5R, and Britinh Evidence, 2\ to 2.'). (i) Bouchette, page 188. M'ritlcn Evidence, No. 4.1. 93 Evun had this not been the case, it would have been preposterous to say, that acts Fief ofMndawa,. of an inferior officer of tiie city of Quebec could have been known to the framers of "" the treaty of 1783, have had any influence on their proceedings, or can in any degree affect the boundarjr csiu'uiished, cither by the public acts of Great Britain, or by the treaty of 17S3. Yet, it is on tiie fact alone of the leases and deeds of sale having been recorded at Quebec, in the manner and under the circumstances which have now been explained; on no oilier evidence whatever, and in the face of contradictory evidence; that the; structure has been erected, in tiie British Statement, of an extensive Possession, in- contestably Canadian, held by virtue of rights derived to Great Britain, far within the pretended boundary of the Province of Massachusetts' Bay, which has always formed «n integral portion of Canada, and which, preserving its individuality under the origi- nal grant, has constantly been suliject to tlie jurisdiction of Canada. Without pretending to understand precisely the meaning of some of the conclud- ing remarks of the SUitement, on that branch of the subject, it may be observed, that after having assumed that the Fief of Madawaska was "within the Boundaries of the British Province of Canada, it is inferred, that "assuming this to be the case, it is manifest tl^at the American lino must, at ti.e point towards the source of the Mad- awaska, experience, an absolute chasm ; a complete interception, by the interposition of Canada." " But how (it is added) would such a line fulfil the conditions of the treaty? It would certainly, in that case, neither run along highlands, nor would it divide rivers falling into the St. Lawrence from rivers falling into the ^Itlantic; since the up- per part of the Madawaska would undoubtedly be on the same line with all the rivers which fall into the St. Lawrence." No better reason can certainly he assigned, than this last quotation, to shew that the Fief of Madawaska cannot, in conformity either with the treaty of 1783, or the proclamation of 1763, be within the Boundaries of Canada. If those remarks were intended, (though still excluding the River St. John,) as the view taken by the British Government, of the conditions which necessarily attach to the Boundary line, in order to fulfil the conditions of the treaty; it is tantamount to an abandonment of the case, since the line claimed by Great Britain does not certain- ly, through the greater part of its extent, divide the rivers falling into the River Si. Lawrence from any other rivers whatever. If intended only, as that view of the subject which is taken by the United States, ils correctness cannot lie impeached on any other ground, than that to which Great Hritain is always compelled ultimately to resort; namely, denying that it is necessa- ry, in order to fulfil the conditions of the treaty, that the line should, from the North- west angle of Nova Scotia to the head of the Connecticut River, divide rivers fall- ing into the St. Lawrence from liivM-s falling into the Atlantic. The other alleged acts of jurisdiction by the Government of Canada, over the con- tested (erritory, are, with a single exception, of a date posterior to the treaty of 1783, and will be examined in the section of this Statement, where a general view will he taken of the acts of both parties, in relation to that territory, since the year 1783. The only act of a prior date, which has been adduced iii evidence, consists of a ,„j,,„, u,„„,„t notice from the Secretary's Office, dated 19th January, 17(J5, and inserted in the Quebec Gazette of the 2'ltli of the same month. This was founded on the petition of an Indian tribe, called Maricittes, complain- ing that the inliabitants of Canada hunted beaver, on lands lielonging to tliem, which extended from the Great Falls of the River St. John to Temiscouata, a space of about twenty leagues, including the River du Loup, (rt)and that of Madawaska, which emp- f r (a) Thii is a ilisiincl river from that of tlie snme name wliicli falls into the Hivcr St. Lawiciice. r 94 i'.ittn (iroiindi, 1y tliL-msolvcs into tiic River St. Jolin; wIict.. i!.c Fixiidi i.ad at aH times been forl.i.l- (Icn to hunt beaver, that privilcRC [ccUr c/u,.:-se) l-.avinR ulwavs l;ccn reserved to thr M.id Indiana. And the notice is accordingly y;ivvn that (he privilecic prayed for l)v li^e said Indians, (to wil: the renewal of the order forhidding the inhabitants of Oanii- da to hunt on their grounds,) would he allowed and conllrmed to them, unlc.s,i jusi cause could be shewn to the contrary. (A) When the question was to quiet Indians in the vicinity of his Provin-c, a Hritish «;ovcrnor might have been justified in not strictly altendinR to Houndaries runnin- :icross a country jet in their possession. Hut, in this instance, fhe Governor ofQue- IV.-c (lid not overstep the limits of his lesitiniale authority. The order, if it ever was issued, applied only to the white inhabitants of Canada, residing within the acknow- !eti-ed Boundaries of his Province: and he had a ri-ht to forbid //,eir huntins "» I"- diaii grounds, though situate beyond those Boundaries. To arg-je from such ai. order, that the River St. John was within the limits of Canada, would be just as ra.lonal, as to insist that China is part of the dominions ot Great Britain, because she forbids her subjects generally to trade to that country. It may be further observed, that the iirotection of the Indians was one of the spe- cial objects of the Proclamation of 1163. Amongst other i)rovisions to that efl'cct, it is "provided, that every person who may incline to trade with the .said Indians, do take out a license for carrying on such trade, from the Governor or Commander in Chief of any of our colonies respectively, to/,ere such person shall reside." Whence it clearly appears that the powers given to the Governors, in relation to Indian ailairs, n-crc to be exercised, with respect to white inhabitants, in reference to their place of residence, and not to that of the Indians. i ■ : 'I : ^ .■ :■ 1 • »Uiif Bf SI. Law rente. § 5. Objections relnttve to the Gulf of St. Lawrence. The arguments by which it has been shewn, that the framcrsof the treaty of 1783, had no intention to assign to each Power the whole of the rivers which have Uieir mouth within Uieir dominions respectively; and that the term '• rivers which fidl into the Atlantic Ocean,"' considered alone, embraces tlwsc which fall into the inlet.s of that Ocean, apply with equal force, to the Gulf of St. Lawrence and to the Hay of Fundy. -^ The facta, that the River Ristigouchc empties itself into thcGulf of St. Lawrence through the Bay des Chaleuis, and that its mouth lies far East of the meridian of the sx)un;e of the River St. Croix, are evidently irrelevant to any quesli'in al issue. The mention, in another article of the treaty, of the Gulf of St. Lawrence by its specilic name, affords another proof, thai that inlet is always held to he a part of I lie Atlantic Ocean. The provision alluded to is in the following words: •• that the people of the Uiutctl States shall continue to enjoy unmolested the right to lake lish of every kind, on the (irand Bank, and on all tjie other Banks of Newfoundland: also in the Gulf of St. Lawrence, and at all othei- jjlaces in the Sea, when- the inhabitants of both countries used at any time heretofore to lish." The Gulf of St Lawrence is, in that clause, ;is,similatwl lo the Banksof Newfound- land; holh being declared to be jjlaees in the Sea; and what Sea uas meant cannot be doubted, unless it should be denied that the Banks of Newfoundland are in the At- Janlic Ocean. 'J>) Wii'toti r.\ilcncp, No. 5<), ai-l lln'i>li |-.viiloiicf, So. '^H. 95 i.c acts nn.l othc-r d..cun,.nt., an,, shewing ,1,,,, both in its i;encral sense and usual ao- '"'^"• ceptation, the term " Atlantic Occitn," is always so undtistood. Amongst other proofs, we wlZv mo.-c partic.Iarly to those drawn from the mnt o xNova Scotia to Sir William Alx...vander, from the commissions of the Governors ot Nova Sct.tia, New Urunswick, the Province of Quehec and Canada, and from the provision respeclinK captures in the treaty between Great Uritain and France of 178'^ And we will now, in order to remove any possible doubt on the subject, examine im.re closdy an instance which had only been adverted to, and where U.e mcaniuu- and elPecl ol the ex[)ics.sions used were considered with deliberate attention. In the first project of a treaty, which was p,. sented by the American Plenipoten- l.anes, in the course of the negotiation at Ghe:.t, a j.rovision was, as ustml, inserted lor the limitation of cai.tures subsequent to the signina; of the treaty. The clause which api,ears to have been borrowed from that wliich had been agreed to, between Great Untain and France, in 1783, was in the following words, viz- "that the vessels and effects which may be taken in the Channel, and in the North Seas, after the space ol from that of the sif^nalure hereof, shall be restored on each side- that the term shall be from (he Channel and the North Seas to the Canary Islands inclusively, xchclher in the Ocean or the Meclilo-ranean: of from the said Canary Islands to the equinoctial line or equator, r.:-.;' of in all other parts of the world, without excepli,, ,." This provision was at first ag,-eed to by the Uritish Plenipotentiaries, with a verbal amendment as to the Mediterranean, and sub- •ituting the words "from the period of the exchange of the ratifications" to "that of the signature" of the treaty. It having been, at the same time, proposed by the British Plenipotentiaries, that .he ralilications should be exchanged at Washingt.n, it was perceived riiat the limita- tion ol captures ought to be shorter on the American than on the European coasts And accordingly they proposed, at a subsequent conference, the followinc 'ub- slttirte: (f) * "That all vessels and eflbcts which may be taken, after the space of twelve days Imm ,he period of the exchange of the said ratifications, upon all parts of the coast of -North America, from the latitu.Ie of -U degrees north to the latitude of 47 degrees north, and as far eastward in the Atlantic Ocean as the (i5th degree of west longitude. Iron, the meridian of Greenwich, shall be restored on each side. That the tern, >hall be thirty days in all other parts of the Atlantic Ocean, as far eastward as the entrance of the Hritisb Channel, and southward as far as the equinoctial line or equa- tor; and the same time for the Gulf of Mexico and all parts of the West Indies Forty days for the Hritisb Channel and the North Seas: the .same time for all par s of the Mediterranean And one hundred and liftv davs for all other part>. ol the world, without eScejjtion." " The wonis used in reference to the period of twelve davs, vi/.: "upon all parts of the coasts of North America." embrace, of curse, all the adjacent Hays and Gulfs as t.u- north as the latitude of -17 degrees. Hut it will bo seen, l.v referring to anv .nap,(ossibly be claimed by Great Brit ain, under color of the erroneous opinion, entertained by the negotiator., respecUn^ the length of the most westerly branches of the Ristigouche. But the most westerly sources of a river that falls into the Gulf of St Lawrence are pUced, in Mitchell's Map, only five miles east of the due North line Those sources belong in fact to the River Ristigouche which empties into the Bay Ues Chakurs, although Mitchell has erroneously laid them down as being those of the River Miramich. which he desi,.ates by the name of Ristigouchi, andL made he rue Ristigouche much too short. But those diflerenees do not aflect the question k !::rGrfr ,:;:::r °^ '-'' '"^" -^ '"-- -^^ -'-' "■••^^^ ^-^^^- ^--^ It may therefore, with equal or greater probability, be presumed, that the framers of the treaty though believing that this line would „o. crossit rive; were lffiere„" lyaware that since the interior part of the country had not been explored, reliant ^uld not be placed, at least within five or ten miles, on the ,K,.siti«„s as igned by Witchell to water courses and other places in the interior. And on that sup^s'tio,f north line of^river aforesaid, the term. ««d in the treaty would be adopted, with a perfect apprehension of their ellect on the co«tingency, if it should take pLo It may atao be observed, that the negotiators could not have attached much im^r- Unce to tte foet whether the due North line would interact, or p.. we.^ of U r . vers which fall into the Gulf.of St Lawrence; since th.. cireumsCce could not affe f the extent of territory fdling to the share of the two powers respeetivelv All Uiose suppositions, on eiU»er side, rest on mere conjectures. It i; probable that- the framers of Uie treaty enterUiiied the erroneous l^lief, tiiat the due NorUi line would not cross Uie River Ristigouche. All that is well ascertained is. that, contrary to hat probable cxpecution, the North-West angle of Nova Scotia hnslnH^n found on the ■ tihlands which divide the rivers that empty themselves into Uie River St Lawrence (n>m .haM> thnt faU into the Gdf of St Lawrence, instead of Uio5e that lall into the Rl^ ^35!SIffw'.73?SEiii«ir ^^ ^ 3vS ;!l-; «.fo,^B..u* ver St John; andtf.=rt, whether on the one, or on the otl.ci- of those two hiRhluniN Uie place, where thus tound, i). clearly embraced by the express terms of the treaty Under U.ose circumstances it would bo contrary to justice and to every principle cf sound mterpi-etation, t« suhstitute. to (he express tcrn.sof a treaty, presumed intentionv not proved, but only mferrcd from an erroneous opinion of the negotiators, on which they may or may not have acted, and on whidi, from the terms used in the treaty, it must be presumed they did not act. It is sufHcient that the bi«hlaiM!, which divides the tvaters of the St. John from tho.sc of the RistiKouche. is no/, and that the IliKh- land, which divides the waters of the RistiKouche f.om those of the River St Law rence, is n Highland that divides an Atlantic River from one that empties itself into the River St. Lawrence, (f) " The first general maxim of interpretation is, that il is not permitted to interpret what has oo need of interpretation." .. •. "'*'''°««w*»o ''••^•'<-te «r..^^. a clear and determinate ar- ^.cle, are accustomed to draw their vait ..»-,...' ..a from the pretended intention an.l views of the autlior of that article. . . tu- ■ , „ , , • . i his IS a rule more proper to repel them, and which cut. off ail chicanery. ^/,,, ^^^ can and ought to have ea^lained himself clearly and plainly, has not done it it is loorse/orhim: he cannot be allowed to introduce subsequent restrictions, which he Has not expressed.^' • . • :, ; • • •, " '^'"""^ «^'*" ^ "« secure conventions, no firm an.l solid con- ces.s,on, il these may be rendered vain by subsequent limitations that ought to havi» p™"nrr '" "" '"'''' ''" '^'^ '^^"^ '"''"*^"^ '" '^^ '"''"'^"' "^ "" ^'°«''-«"'"s The cor.-ect principles, thus hml down by one of the most eminent writers on the Law of .Nations, may jwrhaps find their application in other parts «f the argument In the question paiticularly now under consideration, it is sufficient to observe that! if i, M been intended by the treaty, Umt the due North line should not cmss the Ristigo... Che and that the ^orth-West angle of Nova ScoUa should not be placed on thaHigh. knds which divide the brandies ol' that river from tlu. tributary streams of the River 5.U Lawi-ence, this could and ought to have been explained clearly and plainly in Uh; neuty Itself; and tj^at Great Britain having not done it, she cannot^, allov^d "^i cord Ztutrr'"^ '"*""'"" by Vat.el, to introduce any ..strictions orTmiZs that ought to have been mentioned in the treaty, if they wen. included in the intention ot the Contracting Powers. Treaty tliat he whole of ,he waters of the Gulf of St. awrence should fall within th* dominions of Great Britain; another im,>ortant conside..,tion forbi.ls any claim, on the pai t .J Great Untun, to appeal from U.e terms oftlu... treaty to thaso intention. rhe most easterly river, which falls into the Bay of Passamaquoddy, is that which, ui Mitchell s Map, is .lesignated by the name of St. Croix. The xL Indian name • Mag,.g..adavie .s given to it in Miq, A. The westerly river called " Schoodie^' is, .n Mitcliell's Map, designated by the name of Passumacadie River. /'''=f:°'»n"'«ionersap,K,intedinpur.suanceofthe4thaiticleofthe to decide whidi wa« the true River St. Croix, ha.l before them the whole of tife evidenl-e! f/) Vnlcit .liouia be- i«.U.ed that the ri.c™ IM empty tl,em«lve. into the Ciulf of St Lu»«n«. wo highland.^ ' the treaty, ry principle cf If d inlentionv Di's, on which the tn-nty, it rhich divides hat the Iligii- ver St. Law- ties itself into d to interpret terminate ar- intention and This is a rulf vAo can and ne tV, it is IS, to/tich he id solid con- ght to have Contracting 'iters on the ument. In e that, if it le Ristigoii^ 1 thaHigh* F the River linly in Ukj ed, accord- limitations, ; intfentlonK niers of the within th4 im, on the IS. hilt whieK, dian name loodie" is; 9f 1 791, to evidence, 39 n.!;uiV'.T"' •''•'/' r^ ''"'"''"''' "^-P*'"' thy. framersof the treaty ofl783a-.r.rB..u. 3 f m"" r; "" f''^' ?••--'""«- In addition to the depositions of Mr ""^ ' J«y and of Mr Adan.s. taken at that time, we may quote Mr. AdamsMetter to Li^. ' (.overnor Cushmg, of 25lh October, 1784. M •. I m^ ^f '^'''*"' ""' **"■""«*' "^^ ^^'^"''^ negotiation, a variety of map.,, but it was M.tehe 1 . Map upon which was marked out the whole of the boundary 1 so the U n. ed States; and the River St. Croix which we fixed on. was upon tha't m" e nefrl to St. John's should be the iMHindary." (A) Notwithstanding that clear evidence; although the easterly river i, mo.t distinctly ..amedand designated a. the River St. Croix in Mitchell's Map; although it s fromth . source of that same river that Mitchell has drawn the due north li n'e. forming Wes ern Roundary of Nova Scotia «,r Sir Wm. Alexander's Grant;) although the fac t^t that map had regulated the proceedings of the negotiators, wasVully acTnowl dt e«; ad although, here was not the least doubt about their intentions; yet the dec sion waj^that, accordtng to the treaty, the Schoodic or Westerly River Jas the t^Z Thisdecision was made too by an American citizen, who was selected as Umpire by tcaut the Zrrr "'. "'" '=«"-^''"'*"-^ •'-'^••^^ ^m^.. the United S^t^s because the River St. Cro.x, being no other>vise designated in tlK> treaty than by it utune, or, as hav.ng its mouth in the Bay of Fundy, he had no other Tty ' " fo „ mte:;;:c";::;;'"" '''''' "'^^ "^"^"^ -^ ^'-^ ^-^-^ ^^uj..:zz It was conclusively proved, that the Island, from which the river must have deriv ..1 i.s name, and to wh.ch the first discoverer (De Mont.s) had given thatof slcroix (/.•) was one situated within and some dista,>ce up the Schoodi. And the Umphi r' gued that a Mj^ ,, ^,,^,^ „^ , .^ ^.^^^^^ ^^^,^^^^^^^ ,h nZMh: Island o S,^ Cro.x should be found to be situated, his mistake must be corr^.ed 1^ «>ifld not affect the question. Lorrecieci, and »y 'hat decision the United States have, contrary to the well ascertained intentions of the Iramers of the treaty, been deprived of the whole territory cont.inM h!, the Rivers Magaguadavic and Schoodic, and between the two Zdrr Nort!; the Highlands from Uie sources of those two rivers resnectivcfv (/\ mn,.' u three thou.nd a.-.d eight hund.d soundary thus fixed i., and has proved to la, .fended w.th as much U not more inconvenience and danger, either in time oTiI a " or of war, to ,he liujed States, than can possibly ari.c to Great Rritain iVon ; ,' " of that now in question. To that definitive decision, no objection was or c" Id^L made: nor did it even excite any complaint against the respecUbIc citi.erio in making t, peilormcd a poinful but sacred duty. It is now adverted to „^y i o^ t. Lavcrencc liipruvid in i.A) Written KvMmcc, No. 2J, page :06. ' ' (;') Written Kvidencr, No. 36. 277 umi 278. Atchtmnu. W ,,ttan KviJcncc, No. 36, papsj (0 Tl,c line. O A .„J S T in ll.e American T™„,cript of M.p A. - i 40 w«. adopted on aformeroccaiion; .n.l, after having deckled, at one time, in conforoi- Jurees of that Hiver, and that its length, as designated by the treaty, was therefore indefinite. In that case, as the treaty could not be executed, it became necessary to provide br a new negotiation for an amicable settlement of tlie question. No such difflculty oc- ciirsm the ease now under consideration, because, notwithstanding the crrtir in Mit- chell s Nap, and whatever may have been the belief of the negotiators, the terms of the Treaty cover (he contingency which has taken place, and can be executed according to ttitU.ntu $ 6. Oifeetions derived from the tignifcatioH of the term ''Highlands." It is contended, on the part of the United State*, that the word " Highlands" is. ii, ite general «.nse, an indeterminate and relaUve term; that the property of dividing the nvere designated by the Treaty, i. that which affixes to that e.pr^ion a definite and j.recisem«ning; and that, indepeident of any other conaideration, it was for that rea- son judio.ou.ly fleeted, in reference to a. unexplored country, as applicable to any ground along which the line dividing those rivers ehould be found to ^«. tZ^ TZ A T'"" ''"'•''r'^ -ertained by the indispcn«ibleTondition tS^ they must divide certain specified rivers, any objection derived from a presumed mean Because the Alps divide the riven, of Italy from those of Germany and Prance- be the Allegheny Mountains, for an extent of several hundred miles, divide the sooree. |rf the rivere which fall into the Gulf of Mexico, from those of the riven, which empty hemselves into the mam Atlantic Oce«,; it seems to have been concluded by man/ .»») whose opinion was founded only on an erroneous analogy, that the highland^ («) Among.1 other., the Agrnt of tl.« Unifcl 8l.t« under iIkj i,h .rticle of. he t«.tv of 1794 ^llr. 8ull.v.„.) „ quoted by the Bri.l.h Agrul i„ the co,.r« of ,h. proc,^M„„ una^a^tiLlI' «.n. M-8.'ho,.8rl,.nu»ofe,ten«,e.e.™„,..„„„.p„biU.Iyr:q.«i„,Jwltet^^^^^^^ '"l "f '•" '"- •fh"""'" ••«« " •-ei.r... ofLnd," „d ... do.Lol'.pp ., to . e In Sri •n. rrmx ^ 0,. .,,h«,g,, he .eem, .o I,,, c confounded " higl.f.n.:," „ i„, .. „h,„,.|„.,.. ,„,, ,„ h^* «t be- vvhi«li .l.vulc the nvti., that, in the territory in queMlon, flow in opposite direction,. »i.i,..,.a, must also bo .x continuous chain otconspicnous mouutaiuH, soaring above all the adjacent country. But nature is not so unilbrm in her works, as the tendency of the human mm.l to gcncrahze would make her; facts will overset systems formed before they^ hadh unascertained: and the ridges which divide the s<.urces of the Uiver St John from the tributary streams o<- cither the River St. Lawrence or the Penobsrof, as those which separate the Borysthcncs and the Volga from the Uwina and the Neva, though they may not have thocharuclei- of conspicuous mountains, are not the less em- braced by the general expression of " highlands" which divide those rivers re- spertively. It appears to have been now ascertained, that there Is not, East of the source! of the Chaudicrc, any continuous and conspicuous chain of mountains. The ridges run in various directions; their course being generally parallel to that of the rivers, instead of dividing them from each other at their .sources; And a new definition of the tinn "Highlands" is now suggested, as being apparently belter adapted to the ground over which the British lino must pass. It is asscrUid, on the part of Great Britain, that that term implies /ti/ffi, i. e. e/eva- ted, lands; or, in other words, a generally elevated and mountainous tract of country ■ It not bemg neccs,sary, however, that those highlands should present an absolutely un- broken and continuous ri.lgc, without the intervention of valley or swamp. This definition is so vague, that if adopted it would only open a new field for dis- cushion, there being no precise criterion by which to judge whether the line claimed by either party has the general elevation required, and passes along, or near, a sufficient number ol mountains, and through no more than its due proportion of valleys and swamps. ' It will accordingly be found, that, whilst the notion of a conUnuous and conspicuous chain is abandoned, so far as relates to the line claimed on the part of Great Britain she continues to require, that there should not be found in the dividing highlands claimed by the United Stales, any of those depressions, valleys and swamps, which are admitted by the meaning she attaches to the term << Highlands." If it is intended to divest this presumed mountainous country of the character of dividing the rivers prescribed by the treaty, the pretended definition is not merely an explanation of the term, but a substitution of the words, "a generally mountainous country," to the express terms of the treaty, "the Highlands which .livide the rivers," &c. If it is intended to preserve the conditions prescribed by the treaty, the supposition that the boundary lino must Iks along the mountainous country which divides the nvcrn, &c. wouUl be of no avail to Great Britain, since her line docs not divi.Ie the nvers designated by the treaty. And this double condition implies contradiction since, in their total ignorance of the nature of the irilorvening country, it was impos- sible lor the negotiators to divine, whether a line, divi.ling the rivers specified by (ho treaty, would also be found to extend along a gencralh, mounfainous covntni Although the British definition is totally inapplicable to a boundary line, an exten- sive district of country generally mountainous may, not in reference to such a line but as contradistinguishod from another tract of country, be designated with propricty l)ccnemb,r™se.l l,y the ,„f.>n.iati..n. (correct or erroneous.) il.u the l.lgl.land, .lc.i(;natc,I l,y ,l,c treaty «-ere not „ cl.ain of conspicuous mountain., tlmt circumstance .11.1 not prcve.,t 1,1, formlnff a corr«t opunou on the main question, an.l rle.,ly sreinff that tl.c boun.Nry line mu,t, acconlinff to ti.e expre« lcri.13 oftlif tr.-aty, iie alon^ the sroun.1 which ■livi.lej tlie river, thr rem spcciiied, without rcgani to it^ II f 'l\ nature or cha.^acter. An.l the bouu.hry i, l.i.l ,lo,vn .ccordingly. in the^map annexej to hi. History of the niitnct of Maine. (Topogr. K\;.lcncp, No. 3fi.) Ill 49 '•'«WMito. [,y t|,e tiame of highlands. Thus tlio Northern part of Scotland has rectivcd that ap- pellation, in order to distingnijih it from the Southern part, known hy the name oi Lowland!). («) Tliooo Ilighlandii roniprrhend an extenitivc country, nigged and mountainonx, intor.scnted hy rivers and valleys, and without any conspicuous ridge dividing the rivers that flow in opposite directions. If Great Hritain, for any pur|)ose whatever, thought it proper to divide that Northern part of Scotland into two districts; and the line, intended to div^ide those districts, was. described only as running generally along the Highlands, it would bo altogether in- defniile and unintelligible. Hut if the line was defined as being, from the Northern sources of Loch Fine, along the Highlands which divide the rivers that empty them- selves into the German Sea, from those which fall into the main Atlantic Ocean, to Duncansby Head; there is no Engineer, or Surveyor, appointed to survey the same, who would hesitate, without regard to the position of the most conspicuous and eleva- ted mountains, to leave, through the 'whole extent of the line, from Loch Fine to Duncansby Head, the sources of all the rivers that fall into the German Sea, on hii» right hand, and, on his left, the sources of all those that fall into the main Atlantic Ocean. And in that course he would necessarily cross the summit level, which sepa- rates Loch Oich from Loch Eil, the elevation of which is only 94 feetalmve the level of the Sea; (o) since, by pursuing any other course, he must, contrary to the definition of the line, cross one of the waters to be divided; and without gaining any thing in point of elevation, since whichever of the Lochs or waters he would thus cross, must necessarily be lower than the summit level, which divides one from the other. In the same manner, the boundary iine lietwecn the United States and Great Drilain would have been altogether indefinite and unintelligible, if described only as running generally along the highlands, or across a mountainous country. And since it is de- fined, as extending along the highlands which divide the rivers designated in the trea- ty, it must necessarily, through its whole extent, leave on each hand respectively the sources of the rivers thus directed to be divided: since it could not pursue any other course, otherwise than by crossing one of those rivers, and be there at a place less ele- vated than the dividing ridge; which for that very reason, and without regard to its absolute elevation, is justly entitled to the relative appellation of "Highlands." Hcsides Scotland, there is another instance of the word •< Highlands " being used, not as a generic term, but as the special appellation of a particular country or spot. The chain, known in Virginia by the name of Blue Ridge, extends from the bor- ders of North Carolina to those of the State of Connecticut. It assumes the various names of South Mountain, Flying and Oley Hills in Pennsylvania. " In New Jer- sey, it is called Misca[)ctcung, and in New York the Highlands." (p) The river Hudson breaks through the mountains at that place: the tide flows through and far above "that extraordinary and very singular passage:" and it is in reference to the much lower banks of the river above and below, that the portion of the chain which borders upon it has received that name. It is here, as in every other instance, used as a relative term, since it is not applied to any other portion of the chain. But the supposition, in the British Statement, that the name of " height of land,'" Hiven to that portion of the highlands which divides the waters of the Connecticut and of the Kennebec from those of the St. Lawrence, instead of being a generic term, was a distinctive and special appellation particularly applicable to that portion, is altogclhrr erroneous. (n) Written Evidence, No. 39. fa) Supplement to Kncyclorxdia Hr/ann'! a— Written Kridenco, Nn. 39. fp) I'nwnnll, pag«a ?7 an I II — Written F.videnrc, No. 40. 4a It U as.tcrtcd that tliia hciji^ht of land liari thnt fnll into iho Kivrr Nt, Lnwrcnco ; and another cxtemling Ui tho lourccit of ihi! FuN.iniDaqiindii Hivcr, whirh divided the Southern trihtilAry strcnm^ of tho Si. John from the; nuurccx uf tho variuu- cast, in which are to he found all the heads of Kennebec, Fassamaquuddy and Penob- scot rivers. liut Gov. Pownall, though having n general knowledge of the |KMitinn, of both the above mentioned diviiling ridgcn had none ( North-cast and Kast-norlh-east of the sources of Dead River,) of their nature and character, with tho exc '' height of land" or " highland" to define tho nature of the groimd ; or that ho should h.'.vo used it, as the special or local name of any particul.tr highl.md or mountain. Tho term i< clearly used by him, as a generic expression, and in reference only to tho sources of rivers. It means with him nothing else than the ground which divides rivers flowing in different directions, whatever may bo- the al)s«dute elevation, or in other respects, tho character of such ground. And wc will now give abundani proof that such is, in Canadian and New Kngland geography, not only one of Ihi* significations, but the sole ami exclusive meaning of tlie term " height of land ;" and that the other expression, " highland.s," though in its general sense applied also in cases where there is no division of rivers, is, whenever defined by the adjunct //u'jV- ing, always used as synonymous with "height of land. " That tho terms "height of land" and '* highland" are used as synonymou:*, is proved beyond doubt, in relation to that very part of the dividing highlands dcscribod by tho treaty, which is acknowledged by i)oth Powers to he part of tiicir houiidary. Thus Pownall (page 17) says, "a range running hcncr; crosses the llast bouiiilary lino of New Hampshire In lat. 44), and trending North-cast forms tho /iris(/it of th' land hotwecn Kenei)acg and Chaiidicrc rivers: of tho nature and course of this high land ill these paris I am totally uninformed." Mr. Houchette, Surveyor Gen. of Lower Canada, in hisTopograpliical Description of that Province, in reference to the same higldands, which he expressly ^tates to b> a chain that " cotnmence.iupon the Eastern brunch of the Connccficiii Jlirer, takes- a North-euntcrly coir"t., &{C. and terminates near Cape Hosier," calls them " the ridg : ifcnerally denominated tho land's-hcii^ht, dividiiiu; llic waters that fall into the S(. Lawrence from those taking a direclio.i towards tho Atianii.' Ocean." (a) Id his (.») Oouclictlr, pajte 25— llcilcsignalen agtiin tliat ch:iiii I'v (he nimr uf " lifiglit of hm'," pnpc -'!!- Written IMiU-nc, No. t1, p^fr? ".tn, nt. 15 larifo in«)>, (No. -10,) he KivAt ili*i imnin of ** heiffht of iund" not only to thi; f(.imc 'ii«i'«"'i» ac know lid i^iil higlilantU, but aUo to llioso in the vicinity of Luke 'renii»oouuta j whiUt,in hi« topographicHJ (IcHcriptiun, (pone 333,) he »ay« thai the Hivcr (iu Loup, which has ilM Mourco in that iiltMiticaJ htand South-east at the foot, on the North sides of the mountains, which the Indians call by a name signifying the endless mountains," In this instance, the appellation of tho " height of tho land" is given, not to the mountains, the basis of which is washed by the river in its further course East and South-cast from its source, but to the very spot in which the Mohawk River takes its source, and which divides it from the sources of rivers flowing into Lake Ontario; and that height of the land is cxjjrcssly stated to bo '< a flat level tract of country. " Again, (page 13,) " Between the Northern part of the Hudson's River, and tht> Southern parts of the Lakes (i<) and drowned land, is the height of the /«nrf of about 12 or M miles breadth, whence the waters run different ways, part to the South, part to the North; over this Portage to Lake George is a wagon road. Across this very height of land, which divides the waters of two mighty rivern, the Hudson and the St. Lawrence, tho Canal has now been opened, which unites Hudson's River with Lake Cham|dain, the outlet of whicii floivs into the River St. Lawrence; and that height of land, the summit level of the Canal, the;)w/j/ dc par- (age, is only 117 feetabo\ the level of tide water, as will be seen by the report of the (.'ommissioiier.s, and by the map in illustration thereof, (r) It is believed, that a more conclusive proof than is allbrded by the two last quo- tations, cannot be adduced, that the ap|)cilation of " height of land" is given only in reference to the division of waters, and not in the least to the character and elevation uf the ground. • The celebrated British traveller, Sir Alexander McKenzie, the first who, from llie River St. Lawrence, penetrated through the Continent of North America, both to the Arctic and to the Pacilic Oceans, has prefixed to the account of his voyages, a general history of the fur trade from Canada to the North-west. He describes, with i;real precision and correctness, the route pursued by their trader.s, from the Junction gf the Ulawas River witii the Si. Lawrence, near Montreal, to the waters of the great I (0 WiiUfn F.videncr, No. 39, and Uritlsli Kvi.Icncc, No. M. (u) Viz: Ijikc {;li;iiiij,l..lii and Lake tlcoi^e. 'file situation of tlic ilrow lud IuikI.^, on tlic Ho\ith Hay of t.Mli.- Cliiinipl^un, (wliei-u tin- (an:.! tirminiitca,) may l,c seen in Uic printi a ni.ips, .\o8. .-il, 53 and .Sfi. (.r.) Si'.- Written Kvidrnrc, Xo. +», and TopotTiijih'eiil K.M.len-.-e. Xo. J.V tt 46 """""""• Arctic, or McKenzie's River. Am! he designates the various dividing grounds tra- versed on that long i i»yage, in the following manner: (w) Speaking of the Portage, from the source of the Petiie Uiviere, a tributary of the Utawas River, to the waters of the French River which empties into Lake Huron, he says, "the last (Portage) in this river (Petite Riviere) is the Turtle Portage, eighty- three paces, on entering the lake of that name, where, indeed, the river may be said «o take its source. From the first vase to the great River, the country has the appearance of having been overrun by fire, and consists, in general, of huge rocky hills. The distance of this portage, which is the Imght of land between the wa- ters of the St. Lawrence and the Utawas, is 1513 paces to a small Canal in a plain, that is just sufficient to carry the loaded canoe about one mile to the next vase, which is 725 paces." Alexander Henry, an earlier traveller, who passed over the samo dividing ground in the year 1761, gives it the same appellation, {x) '< We had now passed the country, of which the streams fall North-eastward into the Outaonais, and entered that from which they flow, in a contrary direction toward Lake Huron. On one side of the height of land, which is the reciprocal boundary of these regions, we had left Lake aux Tourtres and the River Matawa; (y) and before us, on the other, was Lako Nipisingue." McKenzie, speaking of Lake Superior, says, "This Lake may be denominator llie grand reservoir of the River St. Lawrence, as no considerable rivers discharge themselves into it Indeed, (he extent of country from which any of them flow, or take their course in any direction, cannot admit of it, i.T consequence ol the ridge of land that separates them from the rivers that ompty themselves into Hudson's Hay, the Gulf of Mexico, and the waters that fall in Lake Michigan." Henry, n.ivigating along the Northern shore of Lake Superior in the year 1775,. says, " In the evening we encamped at the mouth of the Pitijic, a river as large as that of Michipicoten, and which in like manner takes its rise in the high lande- lying between Lake Superior and Hudson's Hay. From Michipicoten to the Pijitic,. the coast of the lake is mountainous: the mountains are covered with pine, and tJio valleys with spruce fir." It will be observed, that the dividing ground which separates Uie rivers that fall into Lake Superior, from those that empty themselves into Hudson's Bay, which McKenzie calls the ridge of land, is by Henry designated by the name of high lands; and that this last writer, reserving that terra for the dividing ground, gives the name of mountains to the coast of the lake. McKenzie, after having described the route from the shores of Lake Superior, about forty miles to the North-west, says, " From hence the course is on the lake of the same name, {Perche) West-south-west three miles to the height of land where the waters of the Dove or Pigeon River terminate, and which is one of the sources of the great St Lawrence in this direction. Having carried the canoe and lading over it 679 paces, they embark on the lake of Hauteur de Terre, which is in the shape of an horse-shoe. It is entered near the curve, and left at the extremity of the Western limb, through a very narrow channel, where the canoe passes half loaded for 30 paces with the current, which conducts these waters till they discharge themselves through the succeeding lakes and rivers, and disembogues itself, by the River Nelson, into Hudson's Bay." (ui) Written Kviiiencc, .\o. 41. (i) Written Evidenct-, No. 42. (y) Malawtt .sipi, the Indian nanw of Petite Hiviore. (Henry, papc 27.) Written F.vidence, No 41 Henry, speaking of the same dividing giwind which he describes as achain of *f'i"'™i'- lakes, says, « The region of the lakes is called Ihe Hauteur de 7'erre, or land't height." Describing Ihe rivers tiiat empty themselves into Lake WinipiV, McKenzie says, " those on the North side are inconsiderable, owing to the comparative vicinity of the Mgh land that separates the waters coming this way from those discharging into Hud- son's Bay. " Here McKenzie designates the dividinc; ground by the namo of high land. Sometimes he calls it a ridge; when he speaks afterwards of the two places which divide the waters of the River Missinipi from those of Lake VVinipic, and of McKenzie's River respectively, he uses, as synonymous, the \\o\A portage, (in Eng- lish, carriage;} (z) which last designation is more pariicularly applied to the route or path across the height of land, along which the canoes are carried from water to water. But he never uses the term height of /and itself, except for the purpose of designating the ground which does divide the rivers. Mr. Bouchette, besides other instances, mentions "another and higher range of mountains that forms the land's height, and 'Ihiile and I'DHaKc Im ImIu. MiKin/ic, pages 93 ami 104. Written K\1dcncc,No.4t . (fl) Hoiirhitto, pnjTP'J'J. Written K> iilcnce, No. 41. (*> See Vote to I.;ike Mlrhipiii, In priii' d Map. No. 51. (1 4» ^ "" '■ divides rivers flowing in diflerent directions. And' it has been incontcstahly proved, that the designation of *' heig'tt of land " respecting the use of which for that pur- pose exclusivtly, there can be no doubt, has been and is perpetually applied to the very highlands, which are by both parties acknowledged to be part of those described and intended by the treaty. The appropriate use of that term, in the treaty, is therefore in every respect in- disputable. And it must also be recollected, that it was borrowed from the Procla- mation of 1763, and other public acts of Great Britain; that the particular use of the term in that sense is of Canadian origin; and that it was for the first time used, and has been retained in subsequent public British acts, for the express and sole pur- |>ose of defining the boundary of Canada. We will conclude this branch of the subject, by adducing a conclusive proof, that ihe term *' highlands," cannot in the treaty, have been intended to imply "agenerally mountainous country." A mountainous country is actually delineated in Mitchell's Map, commencing more than forty miles West of the source of Mitchell's River St. Croix, and of the line drawn due North from that source. That mountainous country extends to the sources of the Chaudiere, consisting of several ridges or mountains, running in vari- ous directions, and one of them extending about 45 miles along the line now claimed on the part of Great Britain. On the other hand, there is not, along the due north line, nor within forty miles of it, either to the east or to the west, a trace, on the map, of any ridge, or even of a single hill, from the source of the St. Croix, to the point which divides the northern sources of the St. John from those of the tributary streams of the St. Lawrence. It is therefore evident, that if, by " highlands," the framers of the treaty of 1783 iiad meant "a mountainous country," tiiey would have given to the Boundary line the direction necessary, in order that it should meet what was on Mitchell's Map laid down as such, and must necessarily have defined that line as running from the source of the River St. Croix,. or from some point on the due North line, IVeslwardly, towards the country thus delineated on the map as mountainous. And since, with tliat map before them, they defined the Boundary line as running due North from the source of the River St. Croix, to the highlands which divide the rivers, &c. although there was no mountain or hill delineated in the map, along or near any part of such due North line, it is equally clear that, by the "dividing high- lands," where that line was to terminate and form the North-west angle of Nova Scotia, tliey could only have meant the ground in which the rivers that empty themselves into the River St. Lawrence have their sources, and which accordingly divides those rivers from those that fall into the Atlantic Ocean. Surveys. It is manifest, fro.ii what precedes, that the United States consider the absolute elevation and mountainous character of the ground through whicii the lines claimed by each party do respectively pass, as questions of fact unimportant and irrelevant. Yet some of tiie remarks in tiie British Statement, connected with that subject, seem to reqi'.ire an answer. Referring, for details and proofs, to the maps and reports of the Surveyors, and to the Note C, at tl;e end of this Statement, we will only state the sub- stance of what ii actually known in that respect. Tlie line, drawn due Nortii from tiie source of tee River St. Croix, has been actually surveyed to tiie point A of map A; and the British Surveyor, Mr. Bouchette, has also given a vertical .section of tlic line as fur North as the Ristigouchc. As, ac- cording to the claim of the United States, their lint- along the higlilunds was traced by nature, it was unacessary to have it surveyed until the Commissioners had made a decision with .-espect to the North-west angle of Nova Scotia; and no more Uian six places on that line were visited by the Surveyors. (<•) 'I'lic tcnn •■* dividing ridgr," is tJiat in giMicral use in all the otlii-r parts of tllc United St»lcsi and it i^ used in tli'j ^anu m ns ■, !ii|.| without rcpifd to llji- i|iv:ili')n 'if t\ii- ridgr. »bly proved, for that pur- )plied to the ise described y respect in- I the Procla- ir use of the : time used, ind sole pur- 'e proof, that ' ageneraHy :ornmoncing , and of the ;tends to the ling in vari- low claimed I forty miles or even of a he northern i^rence. eaty of 1783 undary line I's Map laid ri the source l/y, towards 3 as running > divide the ap, along or riding high- S'ova Scotia, themselves ivides those (he absolute claimed by evant. Vel ict, Ri'cm to lorts of tiie ate the sub- :, has been IJouchettc, 2. As, ac- is traced by tad made a ore than six il St»tcsi am! 4t> These are,. 1. The North-west angle of Nova Scotia, which is on a Ubie land of s^veyi. considerable elevation; 2, The Temiscouata Portage, where the line is found along a mountain 1 300 feet above the level of the sea; 3. The heads of the West branch of the Rivej^t. John, which has its source in a considerable mountain; 4. and 5. The two Rimousky Portages which lie East of the Temiscouata Portage: in both, the sources of the rivers flowing in opposite directions take their rise very near to each other, in k»w swampy ground, forming a deep and narrow valley, bound, on each side, by ele- vated ridges parallel to the course of the streams; those valleys are of course depres- sions or gaps of the highlands of which those ridges arc a part; 6. The River Ouelle'a PorUge, South of the Temiscouata, of the same character with the two preceding, with this difierence, that the adjacent ridges are much lower. Since it is asserted by Great Britain, that the «' highlands" must be elevated and mountainous, it might have been supposed that her AgenU would have surveyed and taken a vertical section of the entire line claimed on her part, from Mars' Hill to the North-westernmost source of the Penobscot, where the eonflicUng lines meet. No portion of it, however, has been surveyed : three places only along it have been visited by the Surveyors: and, notwithstanding the parade of a large folio volume of surveys, there is amongst them, West of the due North line, but one British survei/ which relates to their line, and that in reference to a single point of it, (d) unless the name of survey be given to what is called Mr. Campbell's Sketch. The three points visited are, 1. Mars' Hill, an insulated mount 1500 feet above the level of the sea, unconnected with any other ridge or hill; 2. and 3. The Portage visited by Mr. Loss, situated only five miles East of the point where the conflicting lines meet ; and the Umbazucksus or Aliguash Portage, which is about eighty miles West of Mars' Hill. Both these are of the same character with the River Ouelle's Portage on the American line, there being hardly any sensible elevation between the sources of the rivers flowing in opposite directions. From this last Portage to Mars' Hill, no part of the British line has been surveyed, travelled over, or approached any where, except at its two extremities, nearer than twenty miles. Not one of the mountains, delineated along the British line, in the British Trans- cript of the map A, has been visited by any of the Surveyors. The only knowledge of the mountainous character ascribed to that part of the country, is derived from views taken, from diflbrcnt distant points, by the British Surveyors, Mr Odell and -Mr. Campbell. The substitution of those views to actual surveys having been objected to, a pro- position to have new surveys executed, was made by the British Commissioner, whet, the Board, which had sat for near five years, was on the eve of terminating its labors. This proposal, made after years of explorations in search of highlands by the British Surveyors, at the joint expense of the two Governments, and without having surveyed any part of the line eiaimeil on the part of Great Britain, was of course rejected. It was, at a still later date, proposed by the British Agent, that the British Sur- veyors should be examined upon oath. This proposal was with equal propriety rejected, since neither were their survet/s objected to, nor their veracity impeached ; and distant and delusive views could not, by the aid of an oath, or through any other process, be converteil into an actual survey of the ground. The objection was, that a distant view, substituted to a survey, was no cvidcnca of the existence, or position of a ridge or mountain; that it was piiysically impossible, for any person, without any instrument or observation, and in a country entirely covered with a dense forest, to ascertain whether the elevations of which he might its H. k hi . !!■ (rf ) Mr. Lo«'» Survey of tlv- fortaRe between one of the Wo.-itern sources of tlic South branch ot i.l«e St. John anj one of the Nortli-\K»'. sources of the Penobscot— Siirvevis Nos. 30 and 1° N m *• I 1 •1 60 «"->••■ have a faint and distant vie»v, extended in a direction parallel to that of the water courses, or separated these from each other at their sources; and that the total omis- .on .n Mr. Odell's Sketch, of the water course., whicl> it was indeed in,possible for nuous and huge mountain. ttllycori'eet " '/^/'«ea^V,.. of , British Surveyors are substan- The "survey and report of the American Surveyor, Jolmson," is set aside. i„ another part of the Statement, as to a part of the American line, - as altogether ideal and unfoundedm fact." It isdeclared to be so, because it was founded on Lcs taken from Green Mounta.n. about forty to fifty miles distant from that part of the line.(0 Those v,ews are admitted to be no evidence. But. as the qualifications and integrity JirJTT^ ^" P'""'"'*' '° ^""i'"^ •» t''"'"^ °f the British Surveyors, it is retr .'^ f ,Tu '"''"""" ""^^ ""''' **' '^ "^^""^ ^^ '''« P^^tended surveys St t men?'*' T"! ' ' """^ "' ''"'"'"'"«' ''''' ^'^° •"^''" '>-'--' '" "^« ^-^'^^ Mr. Campbell, must be set aside, being, with respect to the country along the British line, altogether ideal and unfounded in fact. " J" S '"e criiisn The mountainous character of the Eastern part of the British line is proved no otherwise than by those views and delineations. With respect to the next thirtv miles, an appeal is also made to a brief and general account of thatpart of the country, then altogether unexplored, in Mr. Greenleaf's -Statistical View of the State of u?n"t'he C :\T\ '"'" ""'"'"" P"^ "'^''^ "- — '° ''»- •'-"given up in the Statement, although some mountains, never visited by any Surveyor, have bv hn^r '* !' 'T'*'"' *° "'''"■'"' ''''" '^^ '"^''^'"S '''R'^''*"''''' '«=kn-^«ledged as such by both parties, do not appear io have, every where, that mountainous character which is required according to the British definition. The Metjarmette Portage,(/) which is common to the two conflicting lines, is of of a similar character with those of the River Quelle and of the Aliguash. The sources of the Metjarmette, of the Penobscot, and of the St. John, rise close to each other .n he same s^vamp The acknowledged highlands, for an extent of ten miles n a Southerly direction from that Portage, are designated in Mr. Camohell's Sketch kT o^"' ''' ''"■'''' ''"'^^y"'-' ^'••- ^"-'"«^' "P^^kinR "'•■•he height of utv fTR R'ver Connecticut and the sources of the I Fran'cis, which is'a .r - butaryef the River S . Lawrence, say.,, that its sources are found i„ thesame .swanpy ground, and a tew rods from tl«,se of Indian and Hall's Streams, which empty thc^ selves into the River Connecticut. i j- i wit- $7. OBJECTIONS DEUIVKn FHOM A PKKSUMK.n CONSTANT ASSEHT.ON OK THP. n„,nVT, CI.AI.M SINCE 1783. ""i-m _w..^..,.n.„. Several documents have been adduced, with a view to prove that, from the vcar 1783 to this time, the Governments of New Brunswick and of Canada have both exercised jurisd iction over the contested territory. The total irrelevancy of those " >* — ___^ (f) llritisli Evidence, No. 11, pa^e 135. (/) The point I„ on llie American Transcript of Man \ Thr \f,.ti.,rr ... •. . -i . of the Chuudiere. wl.icU fall, into the Uiver St. Lawrence ^ " '""" "'"■''"' 51 which relate, cither to the Fief of Madawaska, or to a notice concerning certain In- A.,c„,.„^vr. d.an hunting grounds, hns already been shewn. Without dwelling at pre-ent on the """ ' '"^ palpable inconsisteticy of that simultaneous claim by both Provinces, we will briefly examine the acts alluded to. ^ In the year 1784, a native Indian was tried and convicted by a Court of the Pro vmce of Quebec, and accordingly execute.l, for a murder, committed, as it is suggested on the waters of the River St. John. In the indictment the place is stated in a v.gur and loose manner, viz : .«„,«r the village of Madawaska," the rituation of which is not known, and without mentioning the Parish, or any other precise designation Ac- cording to the Quebec Gazette, the crime was committed below Kamcuraska. This place beingon the bank of the RiverSt. Lawrence, that expression, in iU usual ac ceptation, means "lower down on the river," and therefore within the acknowledged boundaries of the Province. In the years 1789-j)i, a suit was instituted and judgment obtained, before thr Court of Common Pleas of Quebec, by some inhabitants of Canada, against person, residing on the River Madawaska. The defendants having objected to the jurisdiction of the Court, alleging that they were resident of the Province of New Brunswick the Court ordered both parties to bring proof, whether Madawaska and the Great Falh were in the Province of Quebec. The advocate of the plaintiffs declared that he had no other proof io produce, but their licenses and a preceding order of the Court in relation to the pleadings. This was an acknowledgment that he was unable to pro duce any proof, since, according to the Proclamation of 1763. the Governors vere authorized to grant trading licenses, in reference to the residence of the traders and not to the place of trade. The Court repelled the objection, solely on the ground of the defendants not having filed their exception and adduced their proofs in proper time and form. A Sheriff's notice was published in the Quebec Gazette, for the sale of lands at Madawaska belonging to the defendants: but it d, s not appear that the sale ever took place. Another judgment of the year 1 792, by a Court in Quebec, of .vhich no opinion can be formed, as it is not produced, is alluded t in a petition com- plaining that Its execution was impeded by the Government of New Brunswick An extract from a list of the Parishes in the Province of Quebec, taken from the minutes of the Executive Council for 1791, includes that of Madawaska: the date is uncerUin; and the act erecting the Parish is not produced. An order of the Council of the year 1785, for opening a road, from Kamarouska on the River St. Lawrence to Lake Tem.scouata at the foot of the dividing highlands, has also been adduced 'in '■vidence. There must have been a great want of proofs, when such inconclusive documents are resorted to, in order to establish the facts of actual jurisdiction and po.« Hut It will be admitted that, taken together, they afford sufficient proof of t! cmio and perhaps a hope at that time, that the jurisdiction of the Province might b stend od over the upper branches of the River St. John. The following transactions throw a clearer light on the views, both of thai vern- nicnt at that time and of that of New Brunswick; and, whilst shewing il>eir ,1 ^nrd -xhibit, throughout, involuntary acknowledgments of the right of Uie United : of that section of country. In the year 1 787, Mr. Holland was ordered, by the Governor of the Province of (iiR IKT, to procc-d to the Girat !• alls on the Kivcr St. John, in order to meet the Sur- veyor i;eniral of New Brunswick, and to assist in marking out the boundary, ,vherc It crossed the road ol communication between the two Provinces. In the interview which took place between them, each partv was able to prove 1hat the terntoi y in ,,ue.slion was not within the limits of the oilur Province The Surveyor of New Brunswick declared, that he would proceed to '-the height of land M .1 1 ij ) TT' 52 ill'S.'jwi!'"'' °" "'^ carrying place, situate between the River St. Lawrence und Lake Tcmisltou- ati** /. to examine which way the waters incline on the heights there, that by thuir course he might be enabled to ascertain the boundary be- tween the Provinces of Quebec and New Brunswick, as all the streams running into the rivers which empty themselves into the River St. John, are in the Province of New Brunswick, and those which fall into the St. Lawrence, are in the Province qf Quebec." And he produced his instructions from the Governor of New Brunswick, directing him to be governed by the Act of Parliament, called the Quebec Act. On the other hand, aHhough it could not be known with any certainty, at that time, where the due North line from the source of tlie River St Croix would strike the highlands, it was highly improbable that the point of intersection would be found as far West as the Temiskouata Poxtage. Mr. Holland, after urging some other con- siderations, accordingly represented, " more specially, that the fixing that limit would materially affect the Boundary between us and the United Utates of Amer- ica; and that a large territory would thereby be saved, or lost to His Majesty's dominions." A safe and convenient communication between the two Provinces was at ail events to be preserved: and how to alter for that purpose the boundary of the United Sutes, as defined by the treaty of 1783, was the difficulty. Mr. Holland appears to be entitled to the credit of having been the first to propose the substitution of a " coun- try exlremely mountainous," to the dividing highlands designated by that treaty. He observed that it was generally understood in Canada, " that the line between the Provinces of Quebec and New Brunswick, should run from the head of Chaleur Bay, along the highlands, in a Westerly direction to the Great Falls on the St. John's River, and from thence West, to the Westernmost, or main branch of the Connecticut River." Mr. Holland had not at that time, any knowledge of the country: but he did not foil to find it agreeing precisely with his hypothesis. Not being able to agree with the Surveyor of New Brunswick, he proceeded, he says, with his party "to the Great Falls, where we found the country extremely mountainous; and, from information gathered from different persons, who have been from the St. John's River back in the country, and my own observations, have no doubt but that these mountains are the range which extend from the Bay of Chalcur to that River." This substitution, (called a definition) of a generally or extremely << mountainous country," without regard to the division of certain specified rivers, to the «« highlands which divide the rivers," &c. ii.is the singular advantage of rendering them moveable at will. And it cannot be doubted that, had the British Agent under the late com- mission been from Canada, instead of Nc'v Brunswick; the mountainous counlrv, extending Westwardly from the Great Falls, would have been pertinaciously contend' cd for in behalf of Great Britain, instead of insisting, as according to the new hy- pothesis is now done, that the height of land, contemplated by the franiers of the treaty, commences at Mars' Hill. A committee of the Executive Council of the Pro\incc of Quebec, appointed the same year, (1787) to consider that subject, appears not to have sustained to its full ex- lent Mr. Holland's report, and to have been of opinion that, in order to extend the jurisdiction of Canada over the River St. John, an alteration of its existing Southern boundary was absolutely necessar}-. They say, " If the Province of New Brunswick may of right claim tiic sources of rivers that take their rise on the height of land which divides the rivers that emp. ty themselves into the St. Laurence, from those which/all into the . it /antic Ocean. (he ancient limits of this Government will be curtailed towards New Brunswick, and Seigneuries under Canadian grants as fir hack as the years 16?3 and 1083, be taken into that Provincp." &o. 53 The committee llien propose '*="'«=^ ^o .".-. c,.,. - .1,0 actual S„.„hen, bo..„„„ry of t . " „ :^;'*1'^'"; '""""'" -"-'«-' <" Cann.la-H"""-' '- Quebec Acr. of ,77.., „„,! .I..;,..,,,..,, J Tvo' "' '1- "" "^''"''»""' "^^ «^« Hiver. (;;;.;r::r;;:;:r^ ^*"-'" - --"^o -- the ■....ic. „r ^ro„t„.,, Th.^ '•/^/r^ of r,.„,.„tai.. .,.„o,;- ;, to ,1,0 .W/l eL ^^'^"^^ "' ''•"■'*' '"♦'""'«•' «"'' '"... •• Tne ,li«tri,., ..f q,„,„., ^.^^^^^^ (ofthoHiverSt. La»vrence) on the South sidrr naU..! as the Nnrlh-ca^lerh, chain. " In) ^' "^ounUinn already tle.ig- Cape Chat, tho KnMern btMiiidnrv nf .k. i- . • .H.n „a.,«„, by U.c ..urce of thTsrj: 'l^^'^t "' *""«'^' ''^ ^-' "^ '"e .eri- .o the Norths aoRlo of Nova SootrThe 7Z ^ r""" "' ''^ ^-"^•'Hcut River by the Canadian di,trict«rf Three Riven, ,n,m "'"''' ''"""''*='' ' " »he North or ridge of highiandn, c,ai,ne.l hy ,he ir„i" s":^Z •hi!'"' ^'"•'^--'-<5^ «^hai„. declared by the Surveyor Oe„e J„f Ca.XL le .^S '' ^"f'^''' '" '"•''^ -'""^ '» dirtrict.. If ,ny do„b, «ho„l,| ro.nain ZTJ^ I ^^^^"■" ''"""•''"•>' "^ tho.se txvo ridge, .fe^noe .ay be had to h^ ^^ "I'! ^to^'' '"i^-'f "^ ^he A^.rM..,,,,,; Ri..r Ver,. a„d River T.4 I^^rCt eltr'.r' '":' "°"' "^ "'^'"""^ "- La^vrenee. fro.n the River St. Francis th va Jof 7 T"''"'' '"*" "'^ «'-■•• «'• tary streams of the River St. John. lem..scouta and other tribu- That the same general understanding prevailed in New H by the argument .leiivere.l, i,, the year 1 7 ,8 Zl u ""'"""'"•k. may he proved .ingnished inhabitant and public oZrlf;'! ^ov^'^^l^"'"^^^ «'- appomted ..nderthe.5U, article of the In-aty of 1794 *"' ""^ '^'^ ^•'""nissioners Three points were at that time contended for ,.. . • . nver. ,st. The source of i.., Western bl,h f.' "'^ """ '"^"^ '"''""•'''" oftha, -■■ '''--♦''•tof.heScoodiacLlkesonthes.nilfrc T " -«P •^• -^.1 marked Q „n said transcript. S. The I ce o ' V "\""' """^^ ^"^"■' " P-"'- r^ast of ,hes<.urcenf „... Western bra. cl , bu vCof tb ^^ 'f '' •''"•' '^'"■^h 'ies Whilst ,be firs, and third points wer he s .. / '7"^' '''''' '"''-• -trongly contended for ,l,e fir.It, or n^t VVesS. '"/ ;""""'°"- '""^ "^'''•^•' •^«-" ...ent. after having ur.e.l „,. propri^v o : vi„, t.f " ','" '" ^""-" "''--'.- r.vc., who.se n.ouths arc within their terlitori^ ZJ ^^^ ! ^^ *"'' '^*""" ^^ '"■ '"" the ioliowmg words, viz: ' "^'''^"'velv , he expi-esses hini,ielf ii, " ^ ''"*^ «'"*• ^'orth from a source of the »V,/ • , or St. Croix, will fu„y ^eure that efl^ec rthTT^T:;;Tr '■''"'' "^ ^"^ ^-""-N =.lso to (ireat HrUain, in all instances, e^ceJ^V^t J^^ :;'" ''''^'' '"''^"^'■' •''"'1 t /') I.--.MVX o„ Amerkvu. Tra.sn.|i„ „f Map A, f !'f i it 5,3 "J I ;:il 08 -:v"fr^''"'** ^'* '"'" "'^ ''"' ^''Khlnndu, and where it cmnei* to be nnvinablf. But if u North line is traced from the sourrr of the Chopiit.iatekook, (y) it will not only croM the River St John within about fifty niile« from Fre.lerieton, the Metro|Kj|i.i of New Hninnwick, but ivill out otr the sources of the riveri whirb fall into the Hay of rhaleiii^," &c. ^,. ; ;, " ^n '""»'. if n«t all, the mips of the interior rountrr. |u.bl.,hed before the year 1783 • line drawn North from that terounation (of the River St. Croix) upon those m«p«, will not inl.r»o.t any of the riverH which empty lheni«elves into the sea, to the Kastward of the mouth of the River St. Croix, except the Biver St. John." (r) The same officer, as his UriUnnic Majesty's A^cnt under U.c Into Commission, sustained, witJi great zen' the new pretention of tJrcat Britain: and his rt^asons, why his former opinion should not be deemed conclusive and binding, will be found in tho Appendix, (s) He is quoted as very competent authority of what was the prevailing understand, ing in New Brunswick, in the year 1798, ami to shew that, at that time, with th., treaty and printed maps before him, and with a general knowledge of the country he construed that instrument, ..s every other person then did,, according to its obvious'and natural sense. It was afterwards a«certained,.that the Commissioners intended to declare as th» true source of U,e Schoodiac, the outlet of the lakes, (the point Q.) which is sliU fur- Iher Last than the source of the Cheputnatekook, (the point (). ) But the American Agent propose.l, in order to secure a small tract of valuable land between the two branches, to agree that the last mentioned source should bo fixed as the true source o£ the river. As, for the reasons already alleged, the British Agent preferred at all events the most western point that could Ik. obtained, he acquiesced in this pronosal provided it should be approved by Sir Rokrt Liston, then his Britannic MajestyV Minister to the United States. And this eminent person agreed to it for the very ^ame reason. In his letter of S.-Jd October, 1 798, to the Agent, he says: (t) "It appears to me evident that the adoption of the River Cheputnatecook. as a part ol the boundary between His Majesty's American dominions an>cilcd. (y) Viz: QR on Americin Trarncript of map A. (r) Wiitten Kml.nce, No. Ji, pujfcg 272 and ,V.5. {») Written K> idtncc-, No. iS. (/) WrlUcn Evidcncf, No, 61. I ^1 $9 »lruolively, at the period of the neKotiation« ot Ghent, in 1814, doe. not pwMj.U a con A«.r„„a.«.. re. t and tompltl.- view of what r.-luteii to that pnrticiilar point. """"'' lilt) r<>(-/i/ of Oreut Hritain lo the t.rrltory, had never heen culled in queition hy the United hUitcii, before th« neRoiifttion. at Ghent, in 1814, becauw it wa»llicn'for the firnt lune, nuule known t., ihc-m lh>.t (;renl Britain intended to let up tiich . «l.nin. And her rinht lo ihu jw.i^.i.iion of the Maduw«.ka Settlement w«« not call.d m .piMtion, or even alluded to at Ghent, bccu.i.e it had not been a»c.ruine.l at that tin.o, whelhr.r that Beltlenitnt lay East or Wet ol the line drawn duo North from tho source oi tlie St. Croix. That line was not surveyed till the years 1817-1818: and this is also the reason why the inhabitants of Ma.lawaska were included in the American Census of the year IHiiO, and not in that of the year 1810. The remoteness of the territory on tho waters of the River St. John, from the American settlements, which did not extend far up the Penobscot, had rendered other acts of jurisdiction, on the part of the Unile«l States, unnecessary, prior to the war Which was terminated by the Treaty of Ghent. And their subsecpient forbearHiicc,' since that question has become > sul,ject of discussion, notwithstanding the continued usurpation of New Urunswick over the contested territory, is very impro,H>rly con- verted into an assertion of exclusive and undisturln;.! possession, by Great HriUin On the question of right, it was not oven sus,,ected, that there di.l, or could, exist ...y doubt. The boundary is laid down in all tho maps of the District, now State of Maine, along the true highlands designated by (he Treaty. (t-) There was no he- •itation or doubt on the subject, on the part of Massachusetts. She granted lands as a matter of course, in that as well as in every other part of her territory ' As early as the year 1702, . contract was entered into, between that State andccr- Uin individuals, for the sale of a tract of land containing more than two millions of acres, and extending to the very highlands in question. Although the conditions of the agreement were not fulfilled by the purchasers, ami it was not ultimately carried into effect, this tract, or another substituted for it, appears to have been surveyed, and IS accordingly laid down in the maps of the District of Maine, (w) Actual grants of land were afterwards made by tho State, and as late as the year 1813, to various academies, towns, and individuals, (a-) The olKscure acts by which Canada had, during the years 1784-1794, attempted to oxtend her jurisdiction over the upper waters of the River St. John, and the anplica- tion by the council of that Province, for an alteration of its boundaries, had remained of course entirely unknown to the Government of the United States; whilst that ef- fort, and the complete abun.Ionment -.f that pretension during the twenty subsequent years, must neces.,nrily have been wiii-.in the knowledge of His Britannic Majestv's Government. 1 he reasons why the Ju risdiction of New Brunswick had been ex- tended over the Ma.lawaska Settl.>ment have bc-n .sufficiently explained. And the oilic... ' lee nrations of the Chief Justice of that Province, in his character of Agent. an.l o IS Britannic Majesty's Minister to the TT„ite.l States, leave no doubt that i was at Ghent, in the year 18.4, that any pretension to the contested territory vn for the first time, sugge.sto.l hy the Government of Great Britain. If any A.rthe pn,ot wa.s wante-i to establish that fact, it will be found in the manner in which that claim was brought forward in the course of those negotiations. (p) F.nRTsvcd Maps, N(,s. ;!ti, ;'r ami ,;8. (..) F.nK^vcl Ma,,,. No,, .if, .„.! :;7. A ai,cr.-pancy b.-twcon the boumWic, in the sp^omen. an.l ...o«. ... ...c .M.p,. not huv,,., ,.oc„ d.covcrea .ill af.er the l,t .tanuar, XS:o, .u. he lef^^ounM- (x) Written F.\iat.nce, Nu. ,51, ^ t If- 60 N>|oilillaii> at Glit-iii The British Pleni i! i Th.s was not a Citsual expression, but a deliborato and solemn exuosi.Inn f ,u. tern,s on which Great Britain proposed to .nake poaee. One J "he P • ^ten h wahout a var,al.on of the line established by the Treaty of 1783 It was only after the explicit declaration of the American Plenipotenti.ries .h,f they had no authority to cede any part of the territory of the Un^l S t ' would subseribe to no stipulation to U.at e.feet; and after having lo " honeof "T ta,n.„g a variation of the lino, that the British Plenipotentiaries fhanldth'^ It was then, for the first time, gratuitously asserted tS To AmeZn S''^""""- anes were aware that the boundary «....L at Ar*, 1 2 Z r ""''' menf, by which the direct communication betwee. " i^x and qX";' """'""■ terrupted, was not in contemplation of the British Pi.n 1, u """" '"■ the Treaty of 1 783. Plenipotentiaries who concluded Even this assertion was accompanied by a declaration th->» .Hp lU.- k u . fcipated the statement n.ade by th'e Ameri;a„ Plen p^^ti e Ivt t a th'^H "," no authority ^< to ce^e any par,, however insignificanf. of the terrilor ie; of h .7 tl States, although the proposal left it open to tiL to d mand .nZZfn fJ^T cession, either in frontier or otherwise "(-) 0.0 ii„ ,„ ,„c „i.Ma„.,., ..„„f„„„,,,, ,;;,:., ;:,':;.!''';;;;;'7"'" ';,"■?" •■.J,c ,,n,p„«,l, ho.vcvo,, „r ,l,c BmI Plc„i,,„U. , jl- C^ „o, ^ ' , '1^ "' r„ ,!,„ ]„, „|,,.,„,;„„ |,^i, .,„„i ,„,„.„.: <.ovcr„m™i „,:v,.r r,.,|„ifc.,l ,l„„ „„ „„„,„,,,,;„ ,„■ s,„„ „r ,„ ' '."' (y) Written Evidcncr. No. 4f,-Ilritisl. ,\o„. „(Ii4ll, A,i -iist '.-\Hriti.h \ot.«of4th Ser,f._Wr;.t,-n Kvi.l.TH-. N.. 4,;" ' IKII. («) Aim r ran Ni>tc- (if'.ltli S, ptemlnr. /■■ Arp• ascertated::; th. BrTh T *" "''"^'. "'"""'■ "^ '"'""'• '"^''^•' "" " •"-' -'--"" oceasion, by the British Government tself, of a V \RI VTrnv «f .1 i i ,• ' ">^' the tre-jtv nf 17«-^ ,. .k . "'^ "'*' boundary hnc defined In he treaty of 1783, at the same time that another demand was also n,ade of one half ot the great lakes, and of the rights of sovereignty over the shores sc-cured to Tr i States by the same treaty ; whether that demand, conneCed, not only wit tl i, tervenmg declarations of the British Minister to the United States, and of Z B t h Agent on he adjoimng portion of the same boundary, but also with the on I. -e b^ donmen during the twenty preceding years, of .. ..,.!.„ „. ...e jurisdict on ov." h contested terruory by that British Province wi.h.n whose boundaries, rblng „g to Great Britain, that territory was clearly include.l ; whether such demand ,mer ed right of the Liuted States to that territory, and does no. decisively refute the lat. assertions ofan exclusive and undisturbed possession bv Great Britain and „f , structive claim but lately advanced bv America ? ' ' " '""" And it might also be asked, what'degree of confidence the British Plenipo.en.iaries eould have had m that claim, in behalf of Great Britain, so reluctantly sug^rr ,. ..ever, o he ast moinent, n,ontionc.l, but by the nan,e .i cession, whh tS t'er an .,...«/.. .ul m tho shape of a doubt ? And what was n.ean by tha 1^ 1 tonoi unse leU tcrrUo.y, not including therefore the Madawaska Se.tl "n X l^nation, that theu. w.s ,nuch Uou6t whether it did not already belong to GreatHri- An allusion luis 1,....,. n.adc. in the British Slaten.ent. to a letter writtenbv oneof the Ameru.r. ,c„.poten..ru.s to his Government, subse.p.e,. to the signature ;.f tlTu ! ty. Lvery thing contained ,n a letter of that description is wholly irrelevant to the ..uos lon ; since a n.ini.sle,, when writing to, does not act as the organ o 1 iriove pcaled, that I.e Amencan Ple.npotct.ary was altogether mistaken in supposing ,|„ e<.mtesed territory was not within the boundaries of the State of ^LhuJ! -d^on ly, that.. ,1,.. |.o„,.|a..y lines designated by the previous publitcto^ Great Jlnlain, and adopted by the in-.tv of ITS) 1, , 1 .1 i "■» I" ""i- acts ol .ory not included withi!. the ia.teiv , ^ H, , : T:;'" ""''' 'r^^'"" "^ '^'- ..evertbeless have undoubtedly belonged .: tln: Jw;^!':;,' ^^""""""" ^^""'" if] !J tl ■1: 1 or iiomr f.nlh.T ul,KvvMi,.ns on tli.il letter, ste Note 1> »t llireiiil nf iliii Stjtemtnt. I I a. ■ kl •2 Nfw Hriiniwirk JuiisJictloo. m ' MucIj stress cannot be laid on tlw opinions or acts of either party subsequent to the treaty of Ghent, in relation to the contested territory which from that time became an avowed subject of discussion. The continued jurisdiction of New Brunswick, even after the due north line had been surveyed, has already ueen adverted to. The grant of a tract of land in the year 1885, and the subsequent arrest and trial of an American citizen, have afforded just grounds of complaint But it is remarkable, that those very acts afford an additional proof of that inconsistency which naturally grows out of the British pretension. No act of the province of New Brunswick could make a place which lay West, to be Eart of the due North line, nor Uierefore remove the district occupied by the Madawas- ka settlers within the boundaries of the Province. Theonly thing which is decisively proved by those acta is, that in the opinion of the New Brunswick auUiorities, the contested trrritory is not within the boundaries of Canada. And they do not seem to have perceived, that this was tantamount to un ac- knowledgment tJiat it did belong to the Unite.'. States. For, if not in Canada, it is because the pretended highlan Is, extending from Mars' Hill to the North- westernmost source of the Penobscot, are njt iheSn uhern boundary of that Province. And since the liouthern boundary of Canada is identic with the Northern boundary of the United States, if it is to bo found North of those presumed highlands, and even of the River Madawaska, the territory lying South of it, and North of the line claimed by Great Britain, makes part of the United States. Of tliis the British Government seems at last to have become aware. Hence the ef tort, with the aid of the fisf of Madawaska, and of some ancient attempts which have not been renewed for more than U.irty years, to substitute to the usurped jurisdiction of New Brunswick, a pretendeil possession derived from Canada. Accordingly, in the "maji of the British Possessions in North America, com- piled from documents in the Colonial Department, " and ordered to be printed in June 1827, by Uie Hou.se of Commons, (e) the due North line is mude to terminate at ihe Risligouche River; the boundary line between the United States and Canada is laid down, according to the British pretension, from Mars' Hill to the Western source of ihePenokscot; and all that lies North of that boundary and West of the due North line, including the Madawaska Settlement, is made part of Canada and not of New Brunswick. But, whilst trying to avoid the inconsistency growinc;out of the usurped jurisdic- tion of New Brunswick, the Colonial Department wa;i, from tht nature of .he British pretension, necessarily drawn into another. It isinproof,that the Western and Northern boundaries of New Brunswick, andtht Southern boundary, of Canada have not been altered since the treaty of 1783; (7) that the legal North-west angle of New Brunswick is identic with the North-west' angle of Nova Scotia, established in the year 1703, and n-ferred to and defined in the treaty of 1783 ; and that that angle is accordingly at the point of intersection of the due North hne with the Highlands designated by the treaty, and forming the Southern bounda- ry of Canada. Instead of being on any highland, Uie NorUi-west angle of New Brunswick is in them.,p.n question, place.l in the bed of the River Ristigouche. And, forgetting - *' ■ ■ sunimi" '■'»'• ■• treat}-, the North-west angle of Nova Scot Siummitofthe North-east angle of the United State ia was also the s, the Colonial Department ha (e) Engraved M»p, No. 45. KM.lcnce, .No. JI, «nd lioven.or'» Comn.i,.i„n,. Wrilten Kvidcncc. No«. :), 21, ,Sr and .'5S «3 placed that North ^ast angle at M.rs' Hill, fifty miles South of the point where it.^^^" - places the North-west angle of New Bru^s.^ick orNova Scotia. MaL' Hiirthe pr '"""■ tended Nor h -east angle of the United States, so far fron, being the North wtL„^^ even one of the angles of New Brunswick, but only a poiat'on one of itrbo;,:!; ene. ^O T' '"''"""^''''^°'' ''"'«=''«» ^° '^' ^^S^^^"^^^ acts.of New Brunswick, in refer, ence to the territory within its acknowledged boundaries. Supposing a due North-east line to be drawn from Mars' Hill towards the Bay des Chaleurs every place situated North-west of that line, will of course be North-west of Mars H. 1; and this last mentioned point cannot be the North-west angle of New Brunswick, if any such place is within the boundaries of that Province Yet the jurisdiction of the province has uniformly been exercised, both before and since the claim to the contested territory has been a subject of discussion, far North- west of such supposed North-east line, as far at least as the Fall, of the River St John and as the River Ristigouche above its junction with the Matapediac. Amongst the nunrierous annexed documents, (g) adduced in proof of that fact, will be found seve- ral laws for opening roads as far as the Ristigouche, for regulating the fisheries ot hat river generally, and for the erection amongst othersof the county of Northumber- land, and of the Parish of Eldon;a.. well as grants of land to Mann and others, on the Ristigouche, to John King, on the Sl John at the mouth of Salmon River,.and to A. Stewart above the Great Falls of the St. John. The position of those various places '"fl ["»"m °" '^'"'"'"" Transcript of the map A, and are all of them North-west of Mars' Hill. This last mentioned point, which is near forty miles due South of Stewart's Grant was not therefore in the opinion of the authorities of New Brunswick, the North-wes'l angle of that province And assuming the ground, that the contested territory iva.s, as It IS pretended there, a part of the province, the contradiction between that supposed extension of New Brunswick, and the assertion that Mars' Hill is its North-west angle, will appear still more forcibly, since itisevident that, in that case, the North-west an- «lc must be found on the Temiscouuta Portage, more than one. hundred miles North- wp.«t of Mars' Hill. SECOND PART. THE BRITISH LINE EXAMINED. IT IF.KMS OK THE TKEATV The Slatt^inout on li.f pact of Great Britain, resolves itself into an attempt to shcw^ '^"'"' "' '"» ihat the River St. John i.s not one of the,, rivers falling into the Atlantic Ocean, which were intrnM l.y the Treaty to be .livided from those which empty themselves into the R.ver St. L.wn-nre: and that the highlands, described bv the treaty .is dividing those nvers Iron, eurh oth.-.. are .situ.l,..,! about liiO miles West of any part of the line drawn due North from th. .sourc • of the River St. Croix, and extend only from the Nortli-westcrnmo.st source of the River P..nobscof, to the sources of the Connec- ticut River. The various reasons alle-ed to sustain those two position.s have been examined at large, and, it .s b.Iieve.l, conclusively refuted. 15ut, it was incumbent on Great (a) Sec Written Kvidence. Vg,. 47 „„,! .,s, ,,„,, p^inte,, sutufe!.. J I, ,. 1:1 *^'- 64 IVrirM or till! I rtviiv. Bntain to Lave shewn in the first place, that the boundary U„c claimed, in conlorn- .ty With that hypothesis, could be reconciled with the terms of the TreatV The tru quesfon at issue, and to which we mustnow revert, is, wheti.er the North-west Anl hll r tT "'YV'",'""''"'""™"^ '"'"' '^'''''''y^ '^ '•'''''«'' °" »■• near a eertain hdl wh.eh does not div.de, and is not, in any direction, within lao milesof any hiRh- lands Iha do actually divide the rivers designated by the treaty, and whether L boundary hne may, m conformity with tiiat instrument, for three-fifths of it^ extent from the No.-th-west An«le of Nova Scotia, be along highlands which do no, .liv d,' those n vers irom earh other. The North-west Angle of Nova Scotia, is, by the treaty, declared to be -formed by a hne drawn due North from the source of St. Croix River, to the highlands " Im^nediately following the last mentioned words, viz: « to the highlands " thr word.s (m reference to the boundaries,) are, - along the said highlands, which divide hose nvers that empty tl,emselves into the River St Lawrence, from those which tall into the Atlantic Ocean." The words -the s.id highlands." idenlify, therefore, the highlands at which he due North line termmates, with the highlands which divide the rivers snecine. Iiy the treaty. ' The East boundary of the United St.tes, is by the treaty declared to be " , li„o »o be drawn along the middle of the River St. Croix, from its mouth in the 13av of iMindy.toits source; and from its source, directly North to the aforesaid highlands which div-.de the rivers that fall into the Atlantic Ocean, from those whirl, fall fntc the Kivei' St. Lawrence. i*- mi. Thus the line drawn due North, or di.ectly North, f,om the source of St Croix R.ver, IS, in two diflc.ent clau.ses of the treaty, declared to exte.id to, and to termin atn .It, the h.ghlands which divide the rivers desig.iatejl by the treaty Tha* line ' that which forms the North-west Angle of Nova Scotia. The Northern termination ol that 1.1.0, and the .summit of that North-west Angle are identic. It appears imoos s.l.le .0 h.uc devised expressions, that could, with greater precision, have determined ihe position of the North-west Angle of Nova Scotia, as being that point, on the highlands which divide the rivers specilie.i by the treaty, where the .said l.iKhlands iue ,nteis<.clcd by the line drawn due North from the .source of the River St. Croix It is impossible to form any conjecture of the reasons which may be alleged in (he I), l.n It. ve Statement on, he part of Great Uritain, in oppo.sition to tho.se explicit -ind express terms of the treaty. We can only recur to those which were alleged by 'the Hr.t.sh Agent and the B.iti.sh Commissioner, under the late Commission: and we mav venture to assert, that, now as Ihen, it will be necessary to resort, not merely to in unnatural interpretation, but to a positive alteration of the lerms of the tre .ty by tl.e si.l.ti-act.on .,f.o:nc of th. words use.! in it, or by the interpolation, or sub.sti.ution of other ixj.res.sions. The British Agent a.gued, without taking any notice of the wo.-d said, which ident.hes the highlands on which tl.e North-west Angle of Nova Scotia is placed by the treaty, w.,h the highlands which divide those rivers that empty themselves into the R.ver St. Lawrenre, from ,hose which fall i,„o the Atlantic Ocean; and as if ,hit word imd made no part of that clause of tl.e ,rea,y. And, with respect to the de scr.ption of the Eastern boundary, as contained in the latter clause, he contented him self with say.ug. that it must not be construed literally: which .nea..s, that that el-.use must be considered as null, since it is susceptible but of one con.struction. The opinion of the British Commissioner may he considered as of greater welKh, • :iiid we will quote his own words fro.n his rcjx.rt to tl.e two Gover.imeiits -The extension of the due North line beyond the River St. .John, docs notaLne.- >--.,h ,hr words of e„her of ,he said ,rra,ics, which direct ,ha, the due North line from 05 Ihe source of the UivciSt.Croiic, shall extend to the iiighliinds, evidently meaning the. 'i';™" "t ii.. first highlands, corresjjonding with the subsequent description, at which that line "'°"" should arrive; for if iho framers of the treaty had other high landsin contemplation,, turther North, they would have excluded the first highlands, by an express exception of them." (A) Now, as the highlands lor whicJr the Uritish Commissioner contend,* do not correspond with the subsc-quenl dcscriptionof highlands, viz: highlands which divid.i certain rivers specified by the treaty; it is clear, that what he means, and the altera- tion is explicitly adopted in the British Statement, is to substitute the words, "the first highlands at which the due North line should arrive," to the terms of the treaty. With respect to his hsi argument, it is sufficient to observe, that the framers of the treaty, by describing the highlands as dividing tho rivers therein designated, did exclude all other highlands, including the first highlands,, (.so called) \vluch the due North line might meet. The British Commissioner further .says: "Had the highlands to be met with on the due North line, Been intended to Ik- rt.03e which divide the river.,, the words of the treaty would have been, due North from the source of the St. Croix River, to the hi ^r/Jands which divide those rivers whwh empty themselves into the St. Lawrence, from those which ftM into the M- tantic Ocean. "The reverse is the case; the due North line is to stop at the highlands, and from thence a secon.l line is to commence, (which two liuL-s form the North-west angle ol Nova Scotia,) (/) and proceed in a Westerly direction, along, or passing tho.se high rands which divide the rivers," &c. &c. &c. (k) Here the Hriti.sh Commissioner jiositively a.ssert.s, that it was not intended that Uie termination of the due North line, (or North,west angle of Nova Scotia,) should be on the highlands which divide the rivers specified by the trc.tv. He insi.st.s, that Ihc due North line is to stop at the highlaml.s meaning the first highlands met by thu line, and that the dividing highlands are to be found only somewhere on the line which thence proceeds in a westerly diroction. And he states what the words of the treaty North l!r' '"^ ""^'Hviding highlands l^en intended to be met by the due In order to shew, thai, instead of proving what he wished to establish, the H.iiish tomnuss.onerhas been unconsciously drawn into an admission that the due North line mustneres,sarily exten.l to the highlands which actually divide tho rivers specified ,y the treaty, 1, ,s sulTicient to oomj.are the expressions, which, he s;,ys, should have !>een use.l, had the intention b,-e„ su tli.- Itav .jcs n,,.xl,un. f/^^ \V,-it'r;i i.;vi,|,.„rc, \o. 5:!, p:,.;r :.~f^ ill r c, 06 Terms of i}:« iVcmy This point of departure bcinir tijii.s exprcsslv (lotennlnn,! .1. 1 . ,. • declared Uv ihn (mnt,- «„ 1 /• ■ '^'''"'-'""3 "ctti mined, the boundary line s According ,0 the treaty, it is /.... the North-west a„Rle of Novfseoti. thu :^a:"t theZ^ '"'^'' ^^ '" """' ''' "^'^'"^"^^ '^"^^ ^'-^« ^^^ "'vi-:;- According to Great Hri.ain. it is fro., anolha- point, 120 n,iles distant that 1 e boundary hne .«/««,, the said dividing highlands: and. from Mar«' H tl .' she declares to be the North-west Angle of Nova Scotia, the said boundary I.T^- .lead of beM,g along the highlands, which divide the rivers designated brthe ea .savowed ly along other highlands, dividing other rivers, and connected, at'^^he d sTn J of 120 miles, with the highlands designated by that instrument In describing a boundary line, there are three requisites; the point at which it .egins, that ai v.hich it terminates, and the course or direction wl ich it fd^ s ,1 uxcn those two points. The most appropriate words, those in mo^ commo ;; atpmpose, are /ro,u, io, and alon,, or ,,:fro,n the point at which the line gins- /.tlie point at which, terminates; alon, the direction, or .^ the course JS^l The word/.o;«, both from its etymology and uniform use when applied to place . at which most precisely designates be^.inning, and excludes any p s'ible in va ' between the point to w'wch it refers, and that where the course o^ direction ^Z^ .0 .he line, does begin. The word «/.^, as applied to such cou ^ iSJ, .-eans //.- u„ole lengU,, f>„orou,s tUc course of, kccjung cou,,any roi^tZ:. M0tbingel.se, and is never used in any other sense. The treaty having declared the boundary, /^o,,, ,be North-west Angle of Nova pcoia,/« the North-westernmost head of Connecticut Kiver, to be «/4 the high .... a which .vido the nvers, &c. that boundary eai.aot, without a direct viol fo > oi the express terms of the treaty, leave the said higbland.s, at any place, or for any is .uice, between thnt angle and that head: it must, through its whole length. I ctwe n Those two points, keep company with and follow the course of those highlands ^^ha precludes any cavil respecting the obvious meaning of those enmhali.. uoHsn, the treaty, is tl.at .here was, in that respect, a delict in tbe.r^lir::^- ..a. nn.ain, Irom wlueh .be description of the line was borrowed; and liiat that de tec. was correce by the f.ameis of the treaty, who placed, in most explie L^ .he beginning and ,be termination of the boumlary line, on the actual dividing high/and^' According to the Proclamation of 1 7«.3, the line, co.ssing the River St La wren c -.1. he Lake Cbampla.n in 45 degrees of North la.i.ude, ;„, ,,on, the high, , wineh .vide the rivers .ha. empty themselves into the said River S,. ^wrenc "n^ -hose which fall mto the sea. „../ aUo alou, .lie North coast of the Bay dej Cha This .Icscriplion is vag.ie, inasmuch a.-, it does not prescribe the maniKr in which ;h. line IS .0 pass from .he highlands .0 the North coast of the E.3. des Chaleurs. I here ,. a e.i.sm. m the description, behveen .he highlandsa.ul that coast: but. .hough !!■ ST defective i„th '«''-'" "'«'^'«''' ll'''t ll'c correction con,,i«ted in ptacinff the termin.- ': ti ': I T"^' r""'^ "'""•^ '"^ "''''^""■"■^* ^^ ♦'^-^ pointier 'he boui; ner««sar.ly leave f hem, that is ,a sny, at the source of .he Connecticut Hiver, and dle of that river to the 45th degree of North latitude. " Another conclusive proof of the meaning of the word./n,,;,, alon^, and to, as uh«,. 1 e ho r ""?'■"''' "'*'■"""'" "•= •-«'"'-«.-"-. ""1 termination .Je u« d f^r T' " " '" "^^'*"''^"»"''"' ■'-»« "f 'he name article, in which they are u« d for the same purpose, and in the same express sense, not less than eight timrs. n,i 1 .1' "^r T ^"'■"'-^^'''"^'•"'"'"•t head of Com.ecUcut River, thence down along th.. nuddle of that r.v<,r /o the 45th degree of North latitude." ^ Lake'iwio."'' '""'"""' "■"^'""'■"•'"-^^ M..ra«/.„^ tho middle of said river inio. *: '/'he communication by water, between that lake and Lake Erie; (hence alomr the middle of said communication info Lake Erie. " ^ the n!Li!iler''^'T"'"''''"'"^ '''"*'" '''"^ ""' Lake Huron; ihence afon., tnc mi(i' » "»« ^» he drawn «/«n,,. the middle of the iris WhtZj;:"'^''" ^'^""'"'^"'''^^ the Northernmost pare of the 3Ut de- n.nct;ir!:i,^ri?;!;;:'iw::' '' "'■ ""'*'""'" ''""" "'""' "^ -^'•^^•"^ ^"^-"^ ^^^ '^^ the Athntic^Ocil/'"'"' "'"' '""'" '"" "'"'^ "" '""'"''' "'" "^^ ^^"''J''^ «'->• '*> "East, by a line to be .Irawn a/ongiUo middle of the River St. Croix, from its- mouth .!, the Bay of Fundy fo its source." In this last instance, the words/r«„. and «/o;,,ir are used; in the others, the words ^.rc//,<.«reand a/ong. Tho mode of reasoning generally adopted by the British Agents, under the late Commission, renders it perhaps necessary to observe, that the ^vonlfAencc, as applied to place, means/ro/« that place, from that point; and that^ Uierelore, the words/mm n cet-fain point, and tlutnce, as applied to a point just before mentioned, are synonymous. It will not be dcnietl that, in every one of the instances which have been quoted, li.e boundary l,nc was to extend wiUiout chasm or interruption, /rOTw the point of de- parture, a/o«^^thc defined river or water communication, /osome other specified point or place. Thus, m the last instance, the line does begin at the mouth of the River St broix, and /row that point extends without any interruption, aiong the .> iddle of the said nvcr to its source. It is the same in all the other instances. And, in like mann t, the boundary l.nc beginning at the North-west angle of Nova Scotia, must, according to the lrcaty,//-ow, that point extend without any interruption, «/o«,ir the highlands which divide the rivers designated by th,. treaty, to the North-westernmost head of ( .onneclicut River. To deny this would not It V-ss repugnant to common sense, than It 11 was assert.. d that the Easlern boundary, ui.ste.id of keeping, through its whole extent, from the mouth of the River St. Croix, to its source, ulon^ the middle of that river, might, in conformity with the treaty, have been a straight line, from the mouth of the river to the junction of its North and West branches. The extraordinary manner, in which the British Agent, under the late commission, atlemiiled to evade that express jjrovision, affords another proof of tlie impossibility of reconciling the pretension of Great Britain with the terms of the tix-aty. He has simply proposed to alter the expressions use.l i„ the treaty, and he has suggested acve.- i;il ways of doing it. ' 69 1. The words usorl it. th.; treaty, viz: " NoriK to the liinhlnml.s" arc, li idciitly to l)e says >T prstood iia iniuiuiing mar iiic i\ofth line should terminate when- ever it reached the high'liuuLs, which, in any part of their extent, divide the waters mentioned in the treaty." (/) 2. Wliat he rails the intention of the treaty, will, he siys, "he literally efli-ctu- atcd hy n very small variation of the expression actually made use of in this regard, namely, by describing the stTon^J line forming this angle in the following wonis, that is to say; along the said highlands where they divide those rivers, &c. the expression uolually made use of is, along the said highlands wAicA divide those rivers." (m) :i. "The tnie intention of the treaty would clearly be ascertained by the following obviously plain and natural, and nearly literal, construc- tion of its phraseology, namely ;— It is hereby agreed and declared that the following are and shall be the boundaries of the United States, viz : from the North-west angle of Nova Scotia, viz: that angle which is formed by a line drawn due North from the .source of St. Croix Kiverto the line o/the highlands, along the said highlands which divide," &c. (n) 4. Finally, the Agent proposes to reverse the description of the boundary. " Let then the tracing of the boundary in this qnarter be made, from the North-westernmost head of Connecticut River, alons^ the highlands which divide those rivers, &c. to the North-west Angle of Nova Scotia, v\z: that angle which is formed by a line drawn due North from the source of St. Croix Hirer to the highlands." {») In this last versici, the British Agent has not interpolated new words, but be- sides reversing the line, he has omitted the word said, which identifies the highlands which divide the rivers, &c. with those to which the due North line is declared to ex- tend. It is not ncces-iary to inquire whether the alterations thus suggested would answer the purpose for which they are intended. They have been adverted to, only to shew the vai ious attempts of the British Agent, all of which consist in an actual alteration of the exprersions of the tre.itj'. But even his ingenuity was at fault, with respect to « the words descriptive of the F^astern boundary of the United States;" and he says: "These words, taken in their /«7pm/ and individual signification, would involve a construction altogether in- consistent with other parts of the treaty, and toith facts at the time ufithin the knoiv- ledc;e of the framers of it, and if the foregoing observations upon the first descrip- tion of this part of the boundary, be, as they are presumed to be. correct, these word.s descriptive of the Eastern boundary, must, of necessity be interpreted in a corres- ponding sense."^ What that intended interpretation sliould bo, the British Agent does not state. But as those descriptive words, viz: "a lino to be drawn from the source (of the River St. Croix) directly North to the aforesaid highlands which divide the rivers, &c. are susceptible of no other construction but that "literal and individual signification" to which he objects, and as he hail no othci object, but that of placing the termination of the due North line at another point than on the aforesaid dividing highlands, it is clear that his construction consists in striking off the obnoxious clause altogether. The British Commissioner states the claim laid before the board, on the part of His Britannic Majesty, in the following words, viz:— "That the North-west angle of Nova Scotia should be formed by the intersection Tfrmi of ilrt (/) Ilritisti Agent's First Memorial. Written Evidence, No. 55. ("») Hritisti A>,'uit's Siippl.-meniarv Arsuinent. Written Kviilencc, No. 55., (n) Brilisli ARrnfa Rrply Wrttcn Evidence, No. 55 (o) Written Evidence, No. 55. ^>i i .. a I In ' I 70 J™ •' "" of a lino drawn .luc North from tho source of the Hiver St. Croix, with a line rum.ii.u from the North-westernmost head of Connecticut River, along the l.i^hlun(l.i ........ which .liviclc tho rivers Chaudiore and Do Loup, falling i„. to the R.ver St. Lawrence, from the liverH Androscoggin, Kennebec an.l l>enoh.,cot fnlling :.",to tho Alianiic Ocean; ,v»,M /ine htinfccoutinuedalnnif the htKhlnmh in thu) quarter, in such mannfr as to leave nil tho sources of all the branches of tho aid Kivers Androscoggin, Kennebec and Penobscot, South of such line, and within th.- terntoncs of the United States, until it meets the said line drawn due North from the source of the River St. Croix, at or near Mars' Hill." (p) This is an explicit commentary on the third version of the British Agent The line is reversed, and, wn.-t , K av.s (I ,- highlan.ls prescribed by the treaty, it is to bt fontmued along other highlan.l , - hich do not divide rivers fall-ng Into the Atlantic Ocean, from those tvhioh empty themselves ipto the River St. Lawrence. The British Ccmmissioner decides in favor of the British pretension, and sustains ins decision in the following words-viz: «' It is obvious that the order of description in the treaty of 1783, was reversed from tho proclamation, its prototype; and hence arises the error of the agent on the part of the United States, who contends that the. du. North line froni the source of the River St C,c>. ,. to *.e extended until it arrives or Highlands which divide the Rivers," &c. &c. &c. " But this is not the fact, the words of the treaty are,— duo North from the source of the St. Croix River to the highland.s, along the said highlands which divide those rivers," &c. &c. &c. "Now what does the word 'alonp.'in its ordinary signification import? Cer- tainly a continuation of those highlands, in which continuation will be found highlamis which divide tho rivers, &e. &c. &c. Indeed the word along, used in tho treaty of 1783, is, in this instance, synonymous with the word /ww/nic, in the proclamv tion."(y) We have not been fortunate enough to comprehend clearly this reasoning. The word passing is not used alone, or instead oi along, in tho proclamation: the words there, are, that the Wna passes along. According to the Commissioner, the word along is synonymous both with passing and continuation; which two last worLs are of course also synonymous^ and what he would gain, by substituting the word passing or passing along, to the word along, is not perceived. But, that along, in its ordinary signification, or in any case whatever, imports, or ever has been used in the same sense as continuation, cannot be seriou.sly asserted.' What the British Commissioner intends, is, under color of artixing (o that word .a sense which it never had, to suggest the insertion of the word continuation. And the article would then re.id " due North from the River St. Croix, to the continuation of the highlands, along the said continuation fl///ie highlands which divide the rivers " ic. ' Instead of the words " continuation of, » the sufrgestiou in the British Statement, IS 111 reality to insert the words " which connect themselves with:" so that the arti- cle would read, "along the said highlands ivhich connect themselirs with the high- lan.ls which divide the Rivers," &c. But care has Ireen taken not to bring that inter- l.olalion ill full view, by avoiding any such discussion of the terms of the treaty as had been hazarded by the former British Commissioner: and the argument proceeds as if the essential condition of dividing from each other the rivers therein dcscril>ed, in re- lerenee both to the North-west angle of Nova Scotia, and to the boundary line along the Highlands, made no part of the treaty. (/)) Written Evidence, No. 53. p. .'.71. 'yl Wriitrn Evidence, N'o. 53, p. 375, 376. 71 UiU without rvnn adverting to tlic miniaiuiKciiljle (ksrription of the Eastern boun- dary, wiiirhmiever of llinw) vurimis readings may he gclectoti; Whether to int».M()i)latc coniewherc •ho words " such line being continued along the Mghlands in Hint f/iinrler;" Or, to rtvcrse the dcdrription and to omit the *vord '*saii/:" Oi , to in!«Tt inittcad of thv/^i;i^ //le won/* of the above named treaties, and corresponding," &.c. (.«) It seems lo have been intended, by Ih.it paragraph of the British Statement, and by that dictui > of the British Commissioner, to assert, that a line along the sources of the Penobs( I , in its origin at .Mars' Hill, 100 miles distant from any of the rivers that empty themselves inlo the River St. Kinvrence, and which, at \\» termination only, reaches the highlands in which any of those tributary rivers have their sources, does, (r) Tlie map litre alliiilcd to, not having been ailnuUcd to be (ilcil by the Board of Commisaionerr, has not liccn ailduccd in i'\iilcnfc Trrmt «if iliii Tiooty. : ■ (s) WrUtrn KvidoiKr, No. 5.', p. "73 m n T»rm« 0/ tkt tlu„ughiu whole, cxienl, actually .lividc Ihn upper brancl.c. of the Pcn„lH,cot from Ih. rivcM that lull into the Hivt-r St. I.twivnce. The u-rin "(o Ji,'i,/e" Im there made -.ynonymo.i* with that "lo lie hfl„>rr„ " Whatever .loei a. vi.lc, (or «r,«.ratt-) must lmconligt.ou.i to both the thi.m, which are to U-. divided, (or ieparatcd) cue from the other. A line can divi.le no other (erritorie,,. (or mirface,,) from each other, hut .urh ., are eont.guou, one to the other. If not contiguous, they are .l.vid..l, not by a line, but by the intervcnmn territory (or 8urfaco. ) In ihi^ instance, the rivers which empty thein-eives info tlu River St. Lawrence are divided from the wjureca of the up|H'rbrnnclie..ofthe IVnobscot, lot. by the hiuh Ian,l.s which divide the fir«t mentioncl river. Iron, the Northern tribuUry .trenm« of the St. John; a.lly, by the entire ha.sin of the River St. .lohn; rjdiy, by the highland, whi.h divide the Southern tr,huU.ry atreaina of this river from the up,K..r branches of the lenobscot These last mentioned highlands, which arc tho.sc claimed by Great RriUin as the boundary line, divi.le no other river., from each other, but tho«cof the Penol«cot and 01 the St John. They divide the rivers that fall into the AUantic Ocean from thoac which empty into the River St. Lawrence, in the same manner pn,ciselv, a. the Thame, divides Surrey from Suffolk, and as the Rhine divides France from Polan.l Yet thai as.st.rtion, if it was so intended, is the only attempt which has been made, in the British Statement, to reconcile the pretension of Great Britain with the terms of the Treaty It has teen our intention, in this section, to reduce the que.stion to iti, simplest terms, by shewing that the line claimed by Great Britain, as the bouudary betweet! her dominions and those of the United States, is wholly irreconcilable with the expre*! provisions of the treaty. It is not deemed necessary to advert again to the impossibility, that Mars' Hill •onsidering its position in relation to the Western extremity of the Baydes Chaleurs should te the North-west angle of Nova Scotia. But it is proper to rviKat, that the description in the treaty, of highlands en conchmivcly thown that they did not, in oriler to eflcct that purpoiM-. iMMlciul of dclininn the boiindnr)- nhiOK tlic biKblnnd.t in termn corr.!4pondin(t with IhM prcsunud iiit.nti.m, r.«M)rt to thr MiiRidar mode of dewribinK 'I'f Uiver St. Croix M hiivinK 'I- mouth in the May of Fundy, {u) and of . of the Fief of -Madawaska, and from the incongruous aot.-i or olfempts of the Uriti,h Provinces, i\o not, it is believed, require any notice, (ir) There was no necessity, on the part ol the lolled Slates, to ir.sort to th(! inten- tions of the framera of the treaty. Yet iJioy have l)ccn anxious to shew that their reliance was not exclusively on Ih.. k-U.-r of that instrument, that the expi-essions us«.d in describing the boundary were not carelessly aiul inadvertently adopted, and that the boundary claimed by them, was that which alone could, at the tin.e, liave been i.i- leiided by the parties to the treaty. With that object in view, it was proved, in the First American Statement, that the true intention of the two Powers was, to confirm the boundaries disignated in the Wiarler of Massachusc^tts' Hay, as defm.-.l on the Kast bj- the Commissions of the Gover- nors of Nova Scotia, and a» modifieil towaiils the North by the Proclamation of 17(iJ and by the Queliec Act of 1771. ' The CIkuUt of Massachusetts' Kay, the antecedent Public Acts of Great Britain, and the subswpient Documi'iiLs, prior to the Proclamation of 1763, have been adduced principally for the purpose- of .shewing the coherence and connexion of the title, and that, notwithstanding .some efforts made to encroach on the Chartered Boundaries of Mas,sachusett.s' Bay along the sea coast, that Colony had, from the time when Nova Scotia was siarated from if till the year 1163, continued to be bounded on the East by the Western boundary of Nova Scotia, and on the North by the Hiver St. Law- rcnce. It must, at the .same time, be distinctly understood, that there is no intention to di.stu.ss, if at all controverted, any abstract tpiestion of right, which m.iy have been in- cidentally referred to, as making part of the history of the case. (b) British 8fatcment,pajrt 34. Sumiiuiry of Arijuments, lal Arjoimciit (*') ""• do. .?th Arpinu-nt ''") U"- do.. T -M, 3d, &. -nil Artr!;,,"."';" •'' •'""" '" '''' ^'"« ^° "'"^'- ^'^^ ^'""-^-^^ -•• "''erever that '•e put in possession of West Florida " (v) Tl...f P ? "'""''" °' ■ realv cedo.l by Great Hrit^in to ^^ -f ^ r """'" '"*' ^>' ''''^ '''=«'"tive This separate article, extremely inconvenient in itself ,n^ i.- i I'roved particularly offensive to S,,.,in uaa . ■ ' ^ "'''"'' '"'^^ »'''^'' >H..nch Governna^r The « UiTr '■ "■ '"''■"•^'°'"' "^^^ '"''-^ f-'" the ..o.-...nson, (.) e^eni: ;j::r^rwr^sr;o:rr"r^'°^-- tonded for that extent as a matter of right And the . '"''"''"'"'''' ""'^ «=""- la. American Commissioners to a.rir; .^"'' ^''^P'-'"'='l'«' "-ea"^" vvhich induced .-ibiiity, su,,ested ii; trB ti?! ;:; \:a7JrBT " ''- ''''-"''' ''-■ •tJcd to the North-eastern lia„n.lL \ ^^'^S^^''' ^''^^^'^ »^ver eould have ac- -Cter to their Covernm , Xv' ll^^T'"""^ '\^^ ^"'•^" •'^'"'^•^- f" '»-ir .0 that ohjeH. ^ ' "'' "'"^ ^^^ = " ^^'•- ^swMd adhered strongly nnally m-,ed his beu.g wilH«g to^ijld to our den.a.^lr:^"t;:?:;Tu: '^ - a ij-t her reason ior our gratifying h,n. on the point in Jestt ■' 1 ' ""' "" "'' i he silence pre*e-vcd In ih,> H^i.ioU w. , ^ ' -""««• Li™:J. , i» * "T" '" '•'"■' ^""- li..„. c,.„- ..a„.c ,1,0 ,l,:oi,iv.. f"L ,li;,f "l ,1 T''tT'* "°""'" '■"I-" '" "■.»■' i.. »!.- ..on, ,.„>vc 6e,„„„ ^ ^ J H r' :, 't 'f 'T'™' "^ '"^ '""" "'"*- W Written Kvid.nt-c, No. .;j. ^ (y) Written Kvidencf, No. ,57 ,=) previous public acts of Great HriUiin, tae Norlherti boundary boll, of Nova Scotia and of New Kngland, In deliningthe bouu.Iary between Great Hritain and the I'nited States, the North-west ani^le of Nova Scotia became of course the point nf departure along the highlands, in.stead of the \N'estern extremity of the Hay des ' I t (/() W'riiten Kvidcncp, No 15. (r) V,>ittiMi Kviiltii.. , S<).:i. (il) Miittcii Kvi.lciici-, No. 35. '1 AVritti'ii r.viiloiirc, \n. .'),;, p;iir." R-i -.^ 70 tt(tc:uiou^-' -"'•' -^ '-ve been, ai u time when MassachuseUs was part of the British dominions, to .secure, wi.h.ni, iM>sing through It, n direct commurication between Quebec and Nova Scotia. And his again affords a peremptory answer to the observation in the British Stateme... tha .t.s incredible that Great Britain should have "consented to,,/«cetl.e Unite SUitc^- in enure possession of the only practicable line of communication between Inu- two Provinces." v i u ^ As the Bay of Fun.ly is not mentioned in either the Proclamation of 1 763, or ll... Great ritain, that the Hiver St John wa.s, in those public acts, excepted from Iho r I vers ailing into the sea, intended to be divided by U,e highlands from those which al into the Kiver St L^iwrenc And such an exception, therefore, could not have been intended by the fran.ers o. the treaty of 1783, who did nut define a new linl (/) Written E»iiience, No. 35, p»pe271. t'l WriUeii KviUeiier, No. 59, and Ilrlti^li Kvidence, No. 32. *) Written Erideiicf, No. IT, pgge J67. T7 but only confirmed and established the boundary already designated by the Proclania- imi-nthn. tion and the Quebec Act. The mention made of the Hay des Chaleurs in the public acts of 1763 and l'774, and of i«s Western extremity, in the Commissions of the Governors of Nova Scotia, as being ihe Eastern extremity of the Southern boundary of the Province of Quebec, de- termines beyond doubt the position and course of the dividing highlands, which form that boundary. And the situation of Ihe Western extremity of the Bay des Chaleurs, as laid down in Mitchell's Map, determines also that of the North-west angle of Nova Scotia on the North side of the River St. John, since it renders it mathematically im- possible that that angle should be at any point, South of that river, of the line drawn due No-th from the source of the River St. Croix. The description of the tlividiiig highlands is, in those acts of the British Govern- ment, as well as in the treaty of 1783, expressed in terms so clear, that, at a time when there was no motive for distorting their iiaturnl meaning, there was no doubt on the subject; and they uniformly received that construction of which alone thev arc susccn- tible. ■ ' In all the maps, accordingly, published in Great Britain, between the years 17(>.! and 1783, on which the Southern boundary of the Province of Quebec is "laid down, the North-west angle of Nova Scotia is placed at a point on the North line from the source of the River St. Croix, North of the River St. John; and the Southern bound- ary of that Province, from that jwint to the Conneciicut River (/} divides the rivers that fall into the River St. Lawrence from the tributary streams of the River St. John, and from the other rivers that fall into the Atlantic Ocean. Several observations in the British Statement, and those in No. 41 ol'thc Appen- dix, render it necessary to give some further explanations of the inferences which may be drawn from that imiversal understanding, with resi)cct to the intentions of the framers of the treaty of 1783. Since Mitchell's Map is declared, by the convention of 1827, and must be held as conclusive evidence of Ihe topograi)hy of the country, as understood by the nego- tiators in 1783, other maps, though of a subsequent date, cannot be adduced as evi- dence of the intentions of those negotiators, in opposition to the topographical features ofthe country as laid down in that map; and those in q;icstion are not brought forward, even for the puqiosc of illustrating any feature whatever of the topograj)hy of the country. Greonleaf 's Stfltistica! Account a. ' map, and Povvnall's Topographical Description, have been -esortod to, on the part of Great Britain, for the expivss purpose of throw- ing light on .nn important topographical feature, vi/: " the intended liighlands. " Hale's maj) has also boon ofUTcd. to elucidate the jjosition of a certain grant of land, in order (heroby to prove that, in the year 17.s!>, the Lake branch of the River Conneciicut was acknowledged by the S'ate of New llam|.s!iire to be "the Conneciicut River." It i> for a purpose similar to tliish.st inslat.ro th:it ll.o above mentioned maps have l)oen produced. The botin,!;iry of Hit: Province of (iuobor, deline.l for the first time in 1703, could not be delinoatod on a map published in nr.r,. A boundary line, de- signated by a iHiblic act, is not a topograj.liiral featuie of the country; and the maps in question are adduccl only in order to shew wiiat had boon, between the years 17(>;! and 17s;l, the general imdorstanding respecting Ihe position, in reference to" the rivers as they are laid down in Mitchoirs Map. of a lunnulary esl.hlished subsequent to Ihe date of that maj). For th,:t purpose they are clearly admissible, in onnf„nnity with the convonlion of 1SJ7; and it will not be denied, that, in the total absence of an> '! (/) r\uiv maj l>e, in some iif (li.isr maps, i.c<'a9;omil an 1 trlflh-g ili^rrly \^ .x-rceived of having at least one map, mutually acknowle.lged to be eonclu ive evidence of the to- pography of the country, as it was understood by the framers of the treaty, and by which, comparing it with the terms of Uiat instrument, the true intentions of those mmisters may be ascertained; and to this map alone, independent of any subsequently published, nn iw manife.«t, hy Mitchell's Map, and, therefore, also well known to the franiers c! tt.: .'i.aty, that any such line drawn, from any point of the due North line, towards he f.'i' I "COS of the River Connecticut, must necessarily, through three- fifihs of its cour. ■ ; t.iher intersect branches of the River St. John, or divide them at^ their sources from some other rivers; it is, .n the first place, altogetlu r incoinprelieiis>- Me, that, in describing such line, that is to say, the boundary extending from the ter- i fij ' if 8U I'llrmion', ":"::::!:::: fjt cis. t^:«'r" "•'" '-'^^ --" — ■'.Itogether to . notion, i-.cludc o 1 ' "'"''''''" '"'°"''^ h..ve o.nUted the most co„,pic.,u/foaturc o'f the l.t' ti'^' "I."""' '" '"'^^ '•'^•^'- ^^^''^'^ f"---! line mu.t pass For n the 2 j Ir r-^ r"''' "' "'""^ "hich that boundary other nveL are ^^er!;! e : t I^o h I'^l '"""'^ ^'^"'"-"^ ''^ ''"^ ^-'^^ - Kiver St. Laurence, and Iho^^S ^ tt Z I H^^T "^^'^'^ ""'' ^'"^ the treaty were informed by Mitchell's Man thl ,. « ^"T ^ '" ''"■■""'"^ "^ itself into the River St Lwrenc 1 '^' '" •^'- "'"''" '"'' "°' ^-"'P'y i" the treaty, and it 1^ ::;j:t; iir;:^^- : ''' "'■''" '■^"""^^'^' '' '-- ^ertj.d..ip,i„„„,.K,.,.,,,:t;;^:;:-«^^^^^ -.^^^'^^rr :^^:^^-r ;;r - ^^ - par... to the 'he South of the Rive; St Joli„ ' '"'' "' ^'^"""•^'^'' '*^'-'''' ^^ found to :?\rri;i::rr^'-"---^--:::-^^ ^i.na;:,*:;ttrrSe: ^l^'^r r'^T "^^'^'"'"'^'' ^--c.in..ode- Nonh line «h..i> forn.. t Ser bouM J"'. "'1 " ''" ^""""^^'°" '^^ *^« ^"e .0 ,hem to divide, ftom aW. ol no T' " ""' ^'""^^' ""'" P"'"' ^— whichfallsneithe ..oti^Ri: si Law '■'""/""" ""^ '-"ehes of a river, 'o the Atlantic Ocean- t :.'"'; u'\"°' ^ to the hypothesis,) in! i>oundary,asali„ed;:; r m : ;ceV;trR ;' t^r"'^' '"'^"^^'^ ^'^"^ ^-''-- aforesaid /.>/,/„,rf, ,v„ich divide he rve.hj n [°"' "^'''-"y N^-^h, /oM« which fall into the River S L w e. ' '' » r"'" ^'^ ^"-^^ "'■«>»" from those or North-west a.gle of Nova S ot I Ij . T^ '"' '"■'"'"'^'"" "'" *''«' ""«• •he point which ly intendedtdefme '^*'"^'"" '"""" ^" ''''"' ^'^ »" ^'y t^ .■iver:^s:d ^y r.::,^^;:^ ::^:i:';"»' "'^ ^'^^'^-^^ ^^"^^^ --•'- ^^^'^^ ^"e ^otiatorl are o,^ iko^:^:::t:^'^^z::'' r'^"'^'''' ^^ ^"•^^ ^^^ •'"■ - 10 the Xorth-.vesternmost source o7.hr ''"'"'"'' ''''''''' "'^'^'^ Penobscot, -t. Kennebec, and Tndl ; „ ^^t ^^^^ '"^'"^ ^"^ «'-" '^-o"" •■■"Pt.v themselves into, he St. t wr ncl- d . nl^ " 7 T' '' '^""'='^' '^'''^" scribed bythetreatv does from ,, ? ^ "'"^ ""^ ''"""'^"'•y ''"«< '"tended and de- ..ohn. on L ^u:z^::,'z^'s^r^';;r'i ''""' 'r °' ''- «'-^ ^^• Kiver Penobscot, to i„ Aorlh-wes e „,Z '""■' "'°"« ^'"^ ''^^"^« "f" ''»^ But it was n^anifest b; A e "'C rr. "" r '^ "'"r''' "" '"^ '^'•^" ^^• negotiators, that the nearest source o " hr^iv r O l" "" '^"^ """ '"°^^" '" ""= tani, in a straight line, and in a n a Iv W. , 'f'"'' '" ^ '"^""^ ' ''« '"'■''■=* '"- line; ,ha,. through th t Jh lo " " ' V; "'^'^""^l'^ '^^""-''y I'oi'-t of the dueXor.h whatever, „„y ri^cr that en ^^S ^ ;::^ ^^ j'^;;- ^•" ^^ other river no., through that whole ex.ent. divide any otL Hve.t f C ^^ 1 ^ ''"'"" "obscot and the Kennebec fron, the tributary real of ,'^TirK:,"K' '" "" ''" say, rivers falling into the Atlantic Ocea.K n3 a d ve in" ' V ''"' " '" hypothesis) ;,uo the Hay of Fundy. '"^^ (''"'''^'"8 '» the It is, therefore, contended on the part of Great Uritain that i . j- , • as the bou..dary line, Iron, the North-west angle o f N^^v 1 t ' . "''"^ '? """^"'''^ most Jiead of Connecticut River , lin„ > '" '''" '^""h-western- neclicut R.vcr, a hne which, passmg South of the River St. John, 8i was known io iluiu lu divide, lor lliirc-fifllis ol' iis CNlent, no oilier riveis irinn cacli '"I'l'iiw- "tlicr, tlmn rivers falling into the Aliantic Ocean, I'roni a river falling into the Hay of I'\inily; anil knowing tiiatthc said bonndary line would not, at a shorter distance than 120 miles from its commencement, reach the highlands which actually divide the rivers tlial fall into the Allantio Ocean from Ihost- which cniitly Ihcinselvos intothe River St. Lawience; liic framcrs of the treaty, intending also, as expressly stated, that their de- scription of the boundaries should be such as that all disputes which might arise in fu- ture on the subject of the same, might be prevented: did deliberately, and after much contention on the subject, ultimately agree to dclinc the boundary thus intended to be established, in the following words, viz: " From the North-west angle of Nova Scotia, viz: tliat angle which is formed by a line drawn due North from the source of St. Croix Uiver to the highlands, along the said highlands which divide those rivers that empty themselves into the Kiver St. Lawrence, from those which fall intothe Atlantic Ocean, to the North-westernmost head of Connecticut Uiver." That is to say, that, in deiining the boundary in question, those ministers de- scribed aline which, to their knowledge, divided, for three-fifths of its extent, ri- vers falling into the Atlantic Ocean from (/ river failing into the Buy ofFuiuli/, as a line dividing rivers falling into the Atlantic Ocean from 7-ivers einptying Ikemselvex into the Fiver St. Laivrence; thus adopting a description which, to their knowledge, was applicable only to 80 miles out of the 200, along which the .said boundary docs, and was known by them to extend; and which, to their knowledge, was entirely inap- plicable to the 120 miles next to the place of beginning, or to three-fifths of the whole length of that boundary. This incredible misapplication of language, or indeed gross absurdity, is ascribed to eminent and practical statesmen, some of them not less remarkable for the precision and perspicuity of their style, than fortlie clearness of their conceptions; and in a ca.se where the description, being corrected in relation to the River Connecticut, affords an inc(intestal)le proof of the strict attention they paid to the terms used in describing that part of the boundary. What renders the supposition, that those ministers expressed themselves in terms so ccntradictory of the intentions gratuitously ascribed to them, still more outrageou.s, is, that tliere would not have been the slightest difficulty, with Mitchell's iMap before them, in defining with the utmixit precision, if so intended, the boundary line as now- contended for by (lieat Britain. Had th mention been, as is affirmed, to assign to Great Rritain the whole of the biisin of the River St. John, there would not lu.ve been any occasion, either to refer to the North-wesi angle of Nova Scotia, ortliat a.ny jiu-t of the boundary .should have been a line drawn due North from the source of the Uiver St. Croix. In that case, the boun- ilary would, by any ordinary conveyancer in possession of .Mitchell's Ma|), and of the inlfr I'ownu!! in wliicli the IJner Pas- ^aira(ii::ulu lla^ i's stiurci-. 82 have hcei. ,„> n.oro iliflicMhl in th.is i J i V ''''"'''• """"' '^""''' a" the Hriti.!. Agent ,..,^^0 ll ' ^ ''"""•'"'•^' ''•"'» '^'"'■'-"'^ ^^'"P. niap.(«) ^ ' "'^ '"'' '^"'"m,...on found in delineating it on that J-y op,>.i:i::rr;L:t ':z:TT:r ''- '-'' -^'"^ '^"'•- ^->^' "■ "c .uggeste,., other than ^^2:::!!^:^"'''' "^ ""^^ "^'^ ^-""-T that „.,, Here too, since it is manifest hv Mltrh..!!'- \r i • line whatever, extending VVest va .U^f ' .l ' ""'"'•'"'''''• '^'' ""y '»°""<'"'y due North from the «ottce of thT^ « T ''""" ^^■''"'''^'"^'' "'' "^'^ ''"'«' '''-wn the River S,. Law 1"^ r vers f ,',"; " '^ ;'""'" "'^''= '•'^^" ''""•"8 "'^'' .'ohn wa.s incluc'ed atnonl'These . ' '"';' '^' ^"""'- "•'ean, unless the River St. -iuisters^hould no Z^ hd^ ; "^rs^t f^ T' '''" ' '^ i-possihle that those the Atlantic Ocean which thov' , T' 1 '"' '" ''' °'"-" "'" ""^ "■^•'^'■'' f""'nS into which empty thZ, ' „' ^ j*;; ^'^ '" ''^^ '"-'-' "^ ^he boundary, fron.^hose fcst by M tchell's Man .h«V h , , ^'''''''"''^- ^n which case, it is also man.'- iine with that dividing ground h, whir. ' '^" '"t«r.section of the said into the River St LavLTe hV .h .V '' f ? "" """'' ^''^' ^'^''^ -'-" f"" could have been inten,^ by h. ,t Ti:' ""' "-'•'^'■-'. "-t no otiu. ..ighlands dominions of the i.-lZ. I. Z','" K ^ '"''''/ '^'^ ""' '"'"•'""^>- '"''--> ^f^" States. ''• ' "'•'" "^°"-" ^^••^"^^'' ■•"" •••aimed, as sueh. by the I'nite.l iV.tjtli-ivrsicrn "i">r li, All ..rCon. iiMlicm Iliv.-r, IT. ^'orlh-weslermnostheadof Jonnecticut liiver. §10. oftheb,.nches of the river witho t 1 ' V *k °^ "y other .source of ..ny ni.iHle of those branehes ' '" ^''^ ^'"'"'''- "•^""'"' ^ ^-P-'ive mag- The designation of" \orth.westernmo.t he-.d" „n •. • betvveen two or more sounn-. And the Tv . i ■ T"''"''^ "'^P''^'-* •■' '^•'le'^linn '• .i.enee downaiong the n.id.lle ^i^ 1 ^ •:;■?: .T' .?^'^'«-'-'-'' ^^-V -d the n,id,l]e of „,e hranch of that river "I "'"T'^''^' "■^-'. " '"'•i'' ofan,! ,do„. n-eXorth-westernmostheadof^l^Lu Ri~; :r'' 7"'" '"■ "-"-' "> "'^ .uided by Miteheirs Map. the fran.ers of t, ;„,; flnvc '""^ '"7"' ""^'' ..ameles.s upper branches, as enuallv en.iil,. i , .7 . J'-'ve considered any of its And it has al eadv been obsC v r ^t " ' "''"'•"'"" "'" f'"""'-'i^'>" Hiver. ^heoiaims as ti. No:;;:3:;';rtt:i:;r i^ t^^''^ ''■^"; """'^""' ^""••• nameless riv.de<. .,/««,. M, muhUc of ^HiT) ' ' ■'"'-'' "'" '""'"'^^ "f" " "•her waters of, he, .in, the ^ 1^ t^' 'T?' '''' ''"""^ '^ i's junction with the .-hatt.ri.de.is.n;vnhy,;;:':L::!^;r^ •'".tes with.he 0.1.M- waters .^rvH T '"T' '""" '""' '"''' ''-'"•''' "'a- I :\ 83 lliill'sSlicaiii imi.iliil.^o be LXfliiilfil, on accotititut'ilM uiiitiiic iisull' willi tlicniuin river ^■""' "'"I'l" •II a point Icl'jwihe place whioli was, at the date of the treaty, coiisiileied as the inter- ""'"'""""'■ wchon oC the said main river, and of the 'ISth de|j;ree of norlli hititude. Even adinillinf!; all the facts assumed by (J real Uritain, there does not appear to be any solid reason for those excepi ions. 'i'ho term " North-westernmost" nercss«rily implies a selection between at least the respective sources of, two distinct branches. One of these mij^ht have received the exclusive designation of ''Main Connecticut;" and the source of the other branch, if foinid to be the North-westernmost of the two, must necessarily have been declared to be that intended by the treaty. In that case, the boundary declared to bo from that head along (he middle of the river, would have extended along the middle of a branch that uniled with (he other below the ' ghest point, where this was known hy the distinguishing tide of <' Main Connecticut." And since the word "river," Rlcarly means there, as admitted by (Jreat Uritain, a certain branch of the river, it'is not perceived on what ground it is pretended that the boundary line cannot extend along that branch to the 45th degree of north latitude. With respect to (he last objection, it will only bo ,"dde -'■■;';; ■ "»" r .• li; uiemlv'T; ""■""°"""' "" '■■"•'""> ^^^^^U.,.rcc.,li„,„,„„v.,i„„.„„ „„ „,„..„„,, ,, .,„^^„.,, ,^^^ ,^,^^^ , It lias already been obscivml n,,. .1. • 'nwi .,,.11 r -evenhel^s be admitted to its .dl eLnt, ,. ' ;:: dJ^::::':" "" ''"'" '"' is eon'nonly called Co ," "'"'" '''"''"''^"-^ "^""■- ("^ '-l''- '-"-I..) ■listinguish t fron the "' "■', '"' '""'''T' '"' """' ''"""'-"■'-" «'-'•- ' ' — 'and that ,h^-;:,^ii^::n^^^^^^ "an.e of the Kastern 1 r, choH ^^ ''y ""• '"''"'''-'S '-V •!- 'hosestatcd above Srri^^.i^^^ f«^'0; and he refers p t 'c.d U" , ' " P '"'""'■'*""" '" "'" "'"""' "'' <»"'"'""^ inhabitants of XewC^ ' : r:;" ''=""?' ^^T'"" """'■^- -'''""' "•'^'- "" it "tore than thirty y^J:; ' .. tj i:;^":;;:^^;^ (^ ^'"" ' ^" . ^ii'l llriti.
  • "'"»•'• oeticui Hivcr, as early m the year 17!)0, that in to say, seven y»;ar» subHcquunt to Ihi! (late of the treaty of 178U. The information was* received frem thoHc jx rson* vvho, as himtern, are the earliest '■xploratiirM ' Main Connecticut River." C. R. Sauthier, otie of the Surveyors who surveyed the boundary line lx;twecu the Provinces of Quebec .mil New York, published, in the year 1779, a large map ol' the Province of New York, dedicated to Governor Tryon. In that map, which is compiled from authentic documents, the Northern boundary of the Province is laid down ill exact coid'ormity with the olVicial survey of llie line, (.v) It will appear evi- dent, on an inspection of the map, that the river had not been explored North of thai boundary; and that the stream there represented as Uie priiiei|)al upjier branch, is Indian Stream. It is not improbaide that this name was derived from the branch being the usual Indian path to the River St. Lawrence, and that, on that account, its position was better known than that of any of the other branches. Another remarka- ble circumstance is, that the branch itself i.s, on the map, designated by the name ol " Head of Connecticut River. " If this map, therefore, was consulted, eithe. by Con- gress in the year i77i(, or by the framers of the Treaty of 17HJ. the inference seems unavoidable, that it was thence that that expression was borrowed, and that no branch, Ea.st of Indian Stream, was the head of Connecticut River contemplated in the in- . 'tlruciions of Congress of August, 1779, or in the treaty. The result of this inquiry, therefore, is, not only that no proof has been adducul. V. (yj Written Kvidence, No. 26, p»gc ^.'IH. (f) llritisli Kvklciuf, No. 40, p»Ke -1)4. ,«) Topogfi'uphici.l EviUinci-. iuncj , No. :>0, ainl F.n^.'-nvctl Mi\'i, Vn. r,r- ii is ^y^'r- ,% ^ ^y^ ►^^ 1 ^y*'^ , V^.'^n?^ IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1.25 ■50 ™^^ MoH ■^ i^ mil 2.2 " lis iio 1.4 il.6 ■♦« oi -> ^;'J Hiotographic Sciences Corporation ^ 4^, ^\ Wt^ % « ^X"^ 23 WEST MAIN STREET WEBSTER, NY. 14580 (716) 872-4503 & L

    c Lake branch was conte^p tei L , '^-H "? """" Lead of Connecticut River. ^ ^ ^orth-westernmost The fiameis of the treaty could not, of course hnvn l.»o» tincti ve name which w.s not in use, e;en in ra't prt of I '""?''' "''" '"^ ''''^■ the tre^ty. «„. u .ust be observed, that the ^^ci^a^l ^^^TE:;;;::^- f on the supposition, that they knew that the main branch of the Conl . p '' already then distinguished by that name, at a place mJl than two mil k' u""' ^'^ of that stream. And it is extremely improbable' rhrtl ev sh^^.T^ ^ *'' """'' e.l with that particular fact, the only proof o\^WhZst be f^.^'u""*" Map, (0 and in the unpublished Rep'orU of thetu veT „ whord '" "f r** boundary line, along the 45th parallel of North lati u rbet«ee„ the p'"' " ^ew York and Quebec Between the Provinces ol ..n,::s':?r::iy:it:m t:*::^:: s -.^r '-rr '-'' -' ''- -'-'-- »^ '^^ .he Connecticut, wilut any disTncUv^nlt^^^^^^^^^ TT': ""•-^^ "^ or from any other indication on the map, can L lideLd a e' T '"" ''" "'"' .he designation of - tJ,e Connecticut River," a7d tha thTntl ? ""^'^ ""''"'^ '" l>ava intended, as the North-westernmost head "f that ve XT' ''"^T' '""^' l.e found to lie North-west of any other without an Trl u "'""' '^°"'''' the branches., to the exclusion of^he other ' " "'''''''''" '° ''''''' °*" '^'•^'■^'''""«^'^'- been any doubt on the question in America Th« S.o. fxr Hampshire had the boundary surveyed in the vear 1 7«o ? ^ °^^^''' . ty . («) and it is laid down alordin'Jy „ Carri:!;'!;'™ "r,"^ """ ''''' ''^■ weliasinthatofHalcofasubsequentdate; bXf IS ^ave b!e '".. V"^ " Hi Boundary Line as .ts forks, and returned without having accomplished their object, whic was to p^Te trate to the British line. (Reports-British Appendix, pages 97 and 89 Ameri an aT pendix, page 410. Surveys, Nos.G and 7.) American Ap- In the same year, the American Surveyor. Mr. Hunter, ascended the River Ali^uasli to Its source, crossed the British line at the Umbazucksus Portage, ascended tl^n„rt west blanch of the Penobscot from the Chesumcook Lake to its'Iou'e, d c „ " 1^ River to its confluence with the Matawamkeag. (Reports-British Append! pa! H)6. American Appendix, page 414. Surveys, Nos. 8. 9. and 10 ) In the same year the British Surveyor; Mr. Campbell, from the Sci.oodic proceeded -o the Matuwamkeag, thence, some distance up tlie Penobscot, and visited Mount Cnthadin. Reports-British Appendix, page 90. American Appendix, page 41,.) Mr. Odell, and .,.e American Surveyor, Mr. Loring. visited the same mountain, ia 1820, and, proceeding up the Penobscot, crossed the British line at the Umbazucksus Portage, but went no further -han the Aphmoogene Lake, oi. the River Aliguash. The same portage was again visited, the same year, by Mr Campbell, who, thence, descended the Aliguash to it. mouth. (Ro- ports-Bnlish Appendix, pages 113, 146, and 119. American Appendix. na.^es4l6 4-' and 417. No Survey but that of Mr. Loring, No.. iGand ir.j "'^ PV^^l^ 4..,. ^i 3|a- |i j fl j, 5 90 Niiui In thr Stale- fn 1 o in 4I 4 ,, 1,10,1,. 'n lH-20, fhn Amnncan Sinvevor, Mr. Iliintcr anil «ip Rii»;j, a ». . ,, ..^„„,.''-""^'' ^-^ H-r «t. J...... to t..e «:u,.ce. of i,!:;;.::;!::,:: "j^-^;^ ;- :L.'""' ^' ■■'"• 7"'-« "f "'' '"«"' '^utU l,r»ncl.,. when ascen.ling a s.nall sout .-west b IncH, ' point L on the American I raiiHcript of Ma,. A, xvhere the rondictin.^ lines meet I ! izz'ir ''" •"" '■"■ '■""""" ''""•'''■ i"^-'" - «o s^rr In the same year, Mr. rampbcll eiplorcd n portion of the hiM.lan.1, n.tn 1 i j can Appendix, page. 412 and 4ir, Survey, Cam , bell's .^ etch No T I A tZ On the American line, the TuLidi and Green River Portages were cxamin.,1 *. ,ear by Messrs. Burnham and Tiarks. and that of the River i^IlZZZ ZZ: and Carhle (Reports-British Appendix, pages ,36, ,22, and JG^.'^rre 'a.f Aptn •J.x, pages 418, and 420. Surveys, Nos. U, 14, 15, 23, and "4 ) ^'"^"'«" ^ppeu All the other Surveyors' Reports and Survevs relate to the hii-hland^ f ., ZZ:^ ^e^ennebec to those of the ConnectiC, and to the .,;^^::£ ^Z l^^ of Mars' Hill, where its elevation above the surface of he m er S Jol.n s T T tant, is stated at 523 feet. ''"' ^''^ ""'«* ''"'■ According to the section of Mars' Hill, civen by Mr P-,rtri,l.« u. t one mile west of the due north line, are 1 163 and 1 .mf ? ° ' ""* ^^^'^ "'"'"' Oliver St. John. The two American'sl v eyor .op e e^t^t ;:a„ir2:d- ' ^'"^ "^ .lohn reaches the highlands which divide the waters of that rive, fr^ Zl IT ^ '„''• '•'• louche. Mr. Johnson says, that this ridge, which is cUlr d S„„- •• M "" n.e highest land on the line Aon, the s-'^e o;^ ^ C 1:1 In 7^"' t.^^'^'''"''^ linned by Mr. Houchette's vertical section, by ,.hich it a, n Is tat ■ '* ' of .he River St. John) is more than 500 leel .iher tl Z^X^7C^^ ' more than 2,000 feet above the surface of the River .St. John ' "' At the distance of 132 miles from the source of the Riv.-r St p • .> ■ eaches the summit of a ridge which lor.nsthe n ., I k of e GrV ."V T"' "'" ..iver Ristigouche. This, according to Mr.Odell, ^ Z^ 1^^ ^be' : ^ j\ '"; po>nt intersected by the line north of the last mentioned hiJ.Ln.l. x """"*'''- '"»'"''*' .uhn.„. it is the hig^iest of any, either north orr::; ! Ill t'^ ^^T-''^ '" ^"- Proceeding north, the land continues high, but discemlin-^ ^r^.^A^r.7^ " . 91 Grand Portage r Gri ', < Pai Uivci SI. Lawrence, and wliicli is claimed by the United States n. ♦!,„ v .1 ..... or Nova Scotia. ' J "■ ' ""™ "Wfes as the North-west i^ngle KotcMnthoBuio. It must be observed that, at that time, it was hoped by the British Attrnf, (h.f *1 «"r~.'undrr would be found, fro.n Mar.' Hill .0 the source, of the Cl.audier a ontLuo: f-'"'° '"'""""■ .« an co„.picuous mountains. And. on that account. Mr. S con^re t TJe to that ol Heaver Creek, as not entitled to the .lesignation of " HiMdands » But, making every due allowance for the 9l,;5ht diflTerences bet'ween the statement, of wst^Trr;; ''rr: '"^^''^ ''"'■'' '"'•'•""^-'8«^.»t about h'; Tr^m t,: mver St. Croix, the (point A on map A,) is somewhat, but not much Iowp,- .!..„ .1, • 1 a .3a.„i, resumedtobethe highest^potonthewlioleline, and^^^^^^^^^^^ therefore be estimated, so fur as a survey, without an accompanying sect on oMh 1 • ".ay be relied upon, at about 2.000 -ile^ ... l'on,um (Jan k or Alu.l Luke, the f st S I, ^ ' T ? t '""'''•' '' *"" .niles long, and nearly one in breadth, b , c. ' loal I TT n k" '* "'""' *'"'''' 3; r,,, ,1»„. ,1,, ..Mac, of ,1,, Ch..«„-,c.„k Uk " '"" "" '"*""' f"'"' '» »...:":;"irM::;i;;;;;:;:s:rr--->;*«;^^ (icscriDcii i,y Mr. t),Jeij gg j,p,„g j^jj j^^^,^ it Ill i . ; 1:1 HM |r on '^'^m.n*'""" nnJ "varap, except about ImU a mile, wl.eie th* ».rn.,„ i • r , ttiver St. John, theNorthMve.tcrnLt bZrh /^ u '^ "'" '^"'"''■'"•" '"''"«^'' "^ '^r of the tribuur, streams «/ o ~ .a:di^^ 7'" ;|'.« Me.jar.nette, one .-ve their source. The. i. a n-out Z Z^^^^^ ;;;t;r:f '"^ ^'•- ''»"--') pe.ta«e .t.elf i. of the sa.e character with tho. t e R ^ a . "iri;"' *"" ''" 1 lie River Metiarmette Mr r^nii ""="'"«;"' uiatii and Ouelle. of the b...nchea of le ^ „ .Wot ln\lTZ ""'""'"" '" ' '"^""'P' •''" "-■•" "^ «"« virion of the waters of tVe St j1 .„,,,. !„^ T^^' """ '"" "'"" ^"'' *'-'« - » "- ti..Appdi.pa^,34,a\rAriet:r^^^^^^^ one of the .nountainl de.ineaUd on t^ ' Z b'-Z'tL^ TrT ^'^'' ' ^'^«'^ The country between Mars' lliH «„.i #i ir , *^ranscnpt of the map A. in t-pUces-iountSh^r elVt :.':^ --PproaJhed onlv on the North, both about .S mile. di^tanttmlB-li:,;!;: '"' "' ''' ^'^" '^^'""'^ St. ci^^ w.: t.ne:;^^::;;^'':-;^^^ -= '^- -^ «ive.. UmUzucksu, Portage, thence, th^ug'h t c Tplmole tk % "T^"? v '"''''* '" ''^ to it8 mouth, and down the River St John taTniT V^ ' ^""'" *''" ^''«""'' «'"«'•. North line,, and thence SoutI , Jl t. ^id iJ ? T''' " " '"**'""*''•« ''^ «''« «'» " the boundaries thu, described desi^ L e^^^^^^^^^^^ "' *"" "^'^^ «»• C^-^' .vhich, with the exception of the partial survey onhln ft ^n-"'" '"'"•^""' ^'♦'•'" Mount Katahdin, not a single spot ap7earf7ol^h! "". "'"" ■""' ^'^ """' "^ ed by any of the Surveyors^nd'Tr th^^te IrmLlT"'^ "" '"^ *"" "P'"^^'* ^ -»' ^at ti^^^irs^iirSs^r s:;:-r ^^ vi --"-- -'^'•'» Campbell's Sketch (No. 18) and the vieTtTkrn h! M ^illT.T'''' "'^""P ^' ♦'"'"Mr. Park^s Place, wl.ich^ is situaied near dX , L d^e N: h 7 """1 "'" "'"• ^™- South of Mare' Hill. ^'"*'' ''"•^' ""«' '»»»o««t 25 miles sket»'=ot and ;ni.e apart. And, as these were neces^ ri, -1 ^ e^l, :;,^^ ^^^"'7 '"- "- '"»'-e, running tl.ree n.iles in length, lying Fas orth S ^T" "'"' "''*^"^' ^'""^ "^ "''•'" ♦"- ""d and VVcst,and«nu:be7-'- ^"^' ^JSif tf'^^'t ^T" '' •-" ---rSif ^:n^: r'" "'• ^^^-- •'< N... .i,.wesi 1:1!:. :. .,r ^: ^"i: : r ti ' :: ■•""'""' '*"" '"^ -"' ^-^ 1.^' ".akes no n.cnt.on oh.- Me ^e 1 > Z ^ r "'r'"'" '^' "'■•"'"''"' "'""»'' '"'t the portage exan.ined by iH' ,on ' 7 "' ""l """ '"""' "" "'^ «'"i^'' 'i"". vh.ch he has delineated being parallel to the branches of .he Connecticut, instead of run- Ming between their sources and those of the tributary sIrca.UB of the 8t. Lawrence It is not intended by any thing that precedes, either to admit or to deny the existence of mountains or elevations in the vicinity of the Uritish line. It is onlv intended to affirm, that the evidence adduced in that respect is wholly insufficient. And' it must be repeated that, although the United States cannot achwwUJge as true an assertion which is not proved, they may admit, without its aflocting in any degree their right to the contested territory, (hat the country through which the British line passes, is more elevated or is better entitled than the highlands designate.l by the treaty, to the character of a -gene- rally mountainous country," in the sense ascribed to those terms in the British Statement It may, at the same time, be observed, tl.at the situation of the highest mountains in that district of country, is entirely different from that of the dividing highlands claimed by either Great Britain or the United States. A succession of insulated mountains or irre- gular ridges of a greater elevatian than any other, either in New England, or in the United States, East of the Stony Mountains, may be traced from the « White Hills," within sixty miles of the sea coast, extending in a North-east direction to '• Mount Kathadin," situated between the two main branches of the Penobscot. The elevati n of the White Hills above the level of the sea, (t.) is ascertained, and exceeds seven thousand, that of Mount Ki-tha- din. IS presumed to be near five thousand feet. I'he intervening very elevated and moun- tainous country IS intersected by the Penobscot, the Kennebec and their numerous tribu- tary streams. A spur known by the name of Kathadin Clump, extends Northwardly perhaps to some much lower mountains North of the sources of the Ristoook, which Mr. Creenleaf intended to include within his "mountainous part of Maine" The hinhest ascertained point on any of the highlands claimed by either party, is the place called Image on Map A, and is hardly wore tlmn 2000 feet above the level of the sea. Jlr.rjallullM'al. iiT, III iiih 1), I'll. B. MR. GALLATIN'S LETTER OF DECEMBER 25, 1«24. In that part of Mr. Gallatin'* confidential latter, which relates to the North-eastern ^ Boundary, his object was to cmnmunicate the impression under which he wis ih it ihe Government of Great Britain did not intend seriously to assert its pretended .'lain, Iml had advanced it for tiie purpose of procuring wiih more facility au exchange of tm;(„rv Aware that the United States could not voluntarily cede or cxrh:,,,..,. (u„!e,3 fou„d to be according to the original treaty of 1783, within the domini.ms of a Foreign Pouer,^ niv part of 11 State, he tried to remove the objection to an exchange, by asscrlin- tl.at til'- ilis trict in question, was not within the bounds of the State of Massachusetts, (m.w M line / (r; Written KviiK-nce, No. 4,5. U \m bcrn hl,e«.,. ia tl,, n.»,i .oncluHive m.ni.cr, in Ihc VuM. Ainr.i.an Slatcmcnt, l.at he W.H cmpldolv n.istukc, in llmt ,o.p«c.. Hut Ihc nmnnor i„ which .he subject hn.l been h.>t prtv.en..-d, una .ho m,hHe,,uent «h...rvH.i,M,, of .h. I»n.i,h CU,,»mis.i.u.c™, jus.in^^ h.H bcl.of that they h.,1 no faith in .he nllegcl right of (irc.t U.ituin, «nd «r.c .in.piv Uesuoiis ol obtiiiiiin/ a tension for tm equivaK-nt. " An apolo^fy nii^jht perha|.» be ,lue, for having ascrib.,! to .he British Government i.n ..n.ound arsvunent, vhich, it i, har.li, nccennary to observe, u,. nothing .nore than .he un.enal. e assert.0,, that .he (Julf of «.. Lawrence in not a part of the Atlantic Ocean. Mr. .a h.tm ha. .l>en no other knowledge of a quention for the firnt tin.e presented an . oubtful. than what wa. derived from the treaty, and (ron, map. in common use. After the «.ost .horo,.^h i,.ve..iga.ion, he mo.t H,.y, that the preposterous reasoning, to which he though (,re.t Ur.ta.M would perhaps be obliged to renort, does not appear to him nmch worse than any ol the nrgumcnt*, which have been .ince alleged to nustain her extraordi- nary claim. .\filei Inibf :4iuM IIIOIII, Mr.Otillailn'iil.ri' iiT lit UJili Del Ir'li. ]:ngraved maps. Nos. 1 to 51), are |)n.a.pally intended to shew t!ie understanding which prevailed prior to the date of the treaty of 1 r8,5, respecting the boun.larv lines of the Hritish Provinces, as "'"""'' ""'" la.d down by the Proclamation of 1763, and other publicacls of Oreat Britain, and rt-spect- ing t le boundaries of the United Strtes, as described by the treaty. -Vos. 40, 45, 51, 53, 54, 55, 50, and 57, are quoted in the American Statement No. 42, IS the supplement of No. 40. Having adduced in evi.lence Mr. Bouchette's Map, No. 40, It was not deemed proper to omit his other maps, Nos.41 and 43; in the l.rst of which the British line is laid down along Mr. Hollan.l's presumed highlands, and ^e two rulges or highlands respectively claimed by both parties, are al.o delineated. In No. 43, the duo North line from the sourcce of the River St. Croix, extends to the high- lands claimed bv the United States. No. 44, is principally intended to shew the subdivisions of the Province of New Bruns- wick, and Its reputed boundaries, which do not differ materially from those laid down in map No. 45 The boundary line between the United States and Lower Canada, is laid down along Mr. Holland's presumed highlands. Nos. 4G and 47, of the years 1755 and 1775, are evidently the same map, without any al eration as to the boundaries. No. 46 ha* been inserted to corroborate the facts proved by Mitchell s Map, that in 1755 the boundaiies of Nova Scotia and of New Eng- land were un.lerstood by Great Britain to extend to the River St. Lawrence, anil that the course and extent of the Western an.l Northern branches of the River 8t. John, wer generally known No. 47 has been inserted only not to omit any map bearing that date, but . proves nothing, as the boundaries prescribed by the Proclamation of 1763, are no laid down in it. > < i .5 ,^\TT^^lf'i '". ''^"' "'•'•"'""•''♦'^^ «'•* ■""">"«•'• in which the boundaries of Nova SCO la afld New hnj-land were un.lerstood at .hat time, and also, that the terms " land's height and " highlands " were then used in that part of the country as synonvmous. Nos 49 and 50, illustrate what has been stated respecting the'line which" is presum- ed to divi.le the River from the Gulf of S.. Lawrence. No. 50 alro shews, that the West crn ex.renuty of Hay .les Chaleurs, or entrance of the River Ristigouch., is only ten miles Iron, the .hviding h,.,^hlan,ls. there called " Albany Ri.lge," or '■ Notre Dame Mountain, "' No 5.1, IS that .,1 the Mi.ldle British Colonies, annexed to, an.l illustrating Governor lownall s lopographical Description, quoted in their Statements by both parties '", '""i; ^;"- ■'■*' '1>';<'-'1 i» »!»-■ Statement for another purpose," will be f.iund - IliMi- l.ind ( ouMty, M. calle.l, as it would seem, on account of the hii^h land in which rivers have their sources whi.:h ILnv in three .lillerent directions, vi/. : Kast, to the Scioto? South'. < . the Ohio: and Wcs,.. to the Little Miami. ' •6 Knlialiilliiglliak" iiimi. Ailolpliiit'i illfkifjf, V. i ~ ADOLPFirs'S HFSTORV. «.. ™-"^::rn;rs::;';;;z;;::: --:^:-.v' - - Ketl.iT uni,u.-lli«ible. The only „ara.nn.l.. ,.r "'V " "'"'« "'" ''"'^^ '" "''"■ eAn„y aro.e from a conviction that the c nte^ Ja. r ■' ^ '""'"•"'"■ effort unnecessary, that the warmest adher nt of C.l T "'!'""'' ""^ '""''^•'• .•-crt.s, tl.e establishment of Independeny « "ItT ;;''"'''; "^ *'^- ^''"'P''"^ Ili. authority fortlK.t assertion iH hat ol'..?-! "^'"* ''' "'"' '""''"^ ''''*'''"''/''- banish himself fro„. hi. ow 7 n " ''^ ^^ 'T"'""' "'"' ""^ ^""'P^"-' *» been ve^.n-.^oVo,.....:, r l^int 1 r o^".,:,: '''^ *""'; "'"" '"-' ^^e tr.dy "•' t ^ 7" -.-i-ce could not Cr::z:!!tJ;::^:::z::- ^^- ,-.^HiCir::r2i;- liMim,! „l oU llril. „ will. A,™ ' , . . , "' '" "" """"' " »'S»- il * "Silas Dciin's intevc.ptcd leltci-i. ■> " Vmm private inronnallrm " I in- Ifo. »'ll- CM the ar- tliu Hi, "K •()- I'- \- s. 0- It y f»J