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[.•'f.^> k*^'' 1^:^ i.,.. n^*--'^^^ OH THB ••W(#>» *'?"'V *:•;;,>:- ,,^,, ,,/'-^.- BILL TO PROVIDE FOR RUNNING AND MARKINGt • ^*/4V iM> " r '*■", THK NORTHEASTERN BOUNDARY LINE. .('*■• "%. 'M .': ^* '■■ DEUVERED IN THE SENATE OP THE UNITED STTATES, MAY 14, 1838. - fi^j ■ . ' t 4- J-- •■^.:^«y' : f ,,f^v4f*' ■'^X' *•-{.' *■«, li- ' ^.,'' WASHINGTON r&IllTID AT THB OLOBB OVflCS. 183a ■^'. '4f ^■?( •'*.> V' • «■' -*i 'if ^-j^?-, j-^? m % r.'. \\ SPEECH. f '% In 8eiuUt,Ma^ 14/1838 — On asking leave to bring in a bill to provide for running and marking the Northeastern Boundary line, according to the treaty of 1783. On a former day, I gave notice that on this day I would ask leave to introduce a bill to provide for mnning and marking the Northeastern Boundary line, according to the treaty of 1783, and pursuant to that notice, I propose now to ask that leave. The object of the bill is to make it the duty of the President to cause that line to be run and marked, as it is described in the Treaty of Peaee. Among the few questions remaining unsettled be- tween this country and foreign nations, there is, pro- bably, not one so irritating, and so likely to disturb our amicable relations, as that of the Northeastern Boundary. It is now more than half a century since our ancestors, by their struggles and suffer- ings in the war of the Revolution, successfully re- sisted the tyranny and oppression of the mother country, and obtained for themselves and their pos- terity the acknowledgmant thai the then colonies of Great Britain were free, sovereign, and inde- pendent States, and a relinquishment, by his Bri- tannic Majesty, of all claims to the Oovernment, frofriety, oMd territorial right$ oftht tame and every Strt thereof; and yet, at this day, it is a fact that the ritish Government usurp possession, and claim jurisdiction, over more than one third part nf the State of Maine, then part of the province of Mas- sachusetts Bay, the government and territory of which were expressly relinquished. Yes, sir, not- withstanding the territory now in diipute was, at the formation of the treaty, part ani fitrcet of the then promnee of Ma$$aehutetla Bay, and so represented and designated upon Mitchell's map, which was used and referred to by the commissioners in mak- ing the treaty, it is true that the British Govern- ment new eUdm il as a part o/Mw Brunswick, then Nova Scotia, and deny to this Government the Tight to occupy it, or to exercise any jurisdiction over it. This claim, by the British Oovernment, is comparatively of recent origin, (having sprung up aiDce ibe treaty of Obent,) bot is penuted in with great tenacity, and has been, and still is, the causa of continued border difficulties between the people and authorities of the State of Maine and of theprc^ vince of New Brunswick, and those troubles are inerearing daily. Already have some of our own citizens been arrested upon our own territory, drag- ged to a foreign jail, imprisoned, tried, and con- demned, under the pretence of offences against the eovereignty and laws of a foreign Oovtmment, but in fact for no crime other than obeying or attempt- ing to execute the laws qf their own country within our rightful limits. And the Oovernment and peo- ple of Maine are warned, by the authorities of New Brnnswick, that iny attempt to exercise juris- diction within what they denominate "disputed territory," will be resisted and repelled "if the whole military force of British America should be necessary to effect it." This is a condition of things that cannot, and will not, bt submitted to. Soon after Maine was separated from Massachu- setts, in 1819, measures were taken for the protec- tion of the timber upon a part of what is now claimed to be disputed territory, surveyed some of the lands into tonrnships, and made preparations for opening roads and settling the country. Some of these acts were complained of by the British Qovernmeat as inconsistent with the understanding between this Government and Oreat Britain, "that, pending the negotiations for settling the boundary line, each party should abstain from any acts of sovereignty over the contested tenitory, and upon the request of the Gkneral Government, Maine post- poned some of her proposed improvements. At the same time the authorities of New Brunswick were extending their claims to ownership and joria- diction, which furnished cause of complaint by Maine to the General Government, which was communicated by the latter to the British Govern- ment, producing at some tim<>e • disavowal of the acts, and at other times a claim that the acts were justifiable. In this state of things the attention of the Legislature of Maine was often called to the subject of their boundary, and the history and evH dence of their title have been embodied in reports and reaolalions which were forwarded to Congress, fttirl ilition,) the Pr'.'nidi'ril caused to be sent to the Governor of Maitie a st,»teinenl of the curre^pondenre which had been had between the Qov»rnmenis of the United Slates amt Great Britain upon the subject of the boundary, since the rejection of the opinion of the arbiter in 1832, with a reqiaest ;hat he would adopt such measurex as he might deem n'cesory to ascertain the sense of the Stale of Maine with rcsp«ct lo the expediency of attempting to estabhsh a conventional line, as well an to additional surveys and explorations with a view lo the satisfactory adjustment of the ct)nirr- versy according to the terms of the treaty, or ena- bling the parties to decide more unde rstandingly upon the expediency of opening a negotiation for a line that would suit their mutual convinience, Ac. The niessaije cif the Gi)vcinor coniraunic;itina: that Matenient to the Letnrvey and running of the line vntts$ thU GotitriMMMt viUsgrte to »%uk prtthninmiu u mituid ehangf, or render imprattieable,tKe mrtity of the Hnt of the treaty. It will be .seen by reference lo the correspondence between this Government rndthatof Gp-nt Britain, since the rejection of the opinion of the ai biter, that our Government hjve been consiamly eiideavoring to open negotiations with Great Britain for the esta- blishment iif tlie line according to the treaty of 17tS3j hni the British Government have declined to nfgoiiate vjion that basis, and have insisted and :«iili insist, ihat a conventional lint must be substilu- for the treaty line. That there may be no mistake upon Ihis pari of the subject, the correspondence between the two Governmen's should be examined with care, and it will .show that on the 31st of July, 18:(j, Mr. Livingston informed Mr. Bank- head that the decision of the arbiter had been re- jected by the Senate; and that the President, in pur- suance of the advice of the Senate, proposed "to open a new negotiation with his Britannic Majes- ty's Government fur the ascertainment of the boun- dary between the possessions of the United States Olid those of Great Britain on the northeastern frontier of the United States, aetofding to the treaty ef peace (^ 1783;"' and it was further su^ested that it ilie p uties shi)UliJ be unable lo agree upon the f slabli>hment of the treaty line, means might be found of avoiding the const!' uiional difficulties thai hitherto had attended the establishment of a boundary more convenient lo both parlies than that designated ) y the treaty, and that such a negotia- tion would naturally embrace the right of naviga- tion ot the riverSt. John. Onlhel4thof April, 1833, Sir Charles R. Vaughan replied "Ihat his Majesty's Government regret that they cannot discover in this proposition any probable means of arriving at a settlement of this d fliculi question. It appears to his Majesty's Government to be vtterly heptltsa to attempt to find ou', at this time of day, by means of new negotiation, an assumed line of boundary which successive nesoiiatora, and which commis- sioners employed on the spot have, during so many years, failed to discover, t&c; that his Majesty's Government will eagerbf avail themselves of any probable chance of briueing the question to :> sa- tisfactory settlement, and will lose no time in et:- deavoring to ti$eertain from Mr. Livingston in the first place, tehat u the principle of the plan of boun- dary which the American Government appear to coBfemplate as likely to be to he more eomeonia^ to both parties, dtc.; whether any, and what arrange- ment for avoiding the constitutional difficulties has yet been concluded with the State of M aiBf , that it was nece<>sary that bis iMajtatyU Govtm- ment should be itv/'onnn' of|hekut< apnn which it is proposed to negotiate before they can either en- tertain the proposal,, or deptde upon instructions to be given; that they must he pri" nn rqual ntimb''r cI commi.isioner*, with nn umpire seln;ip I by some friendly sorpn-l^n, to dfcldn on all pi)int< on winch they di.sRgree; or hy a romrnisMon pniirely mm. posed of skiit'iil mm in E.irope, so .■^olf'-icd, m \e attended in the survey and vii'w of the coin. try, liy agent* uppoint-d hy t'ip piirij.'s. And fiirllH'r sui<;?CNted diiit wh?re two iiiitural lioii'tdaries are named, and ninninj? fiorn one to'.varil.s the other on the prescribed course will not t'urh the other, the rule i.s not lo c.Misidcr llie b. iiiid.irv ns one ini- poxsible fo he traced, but to preserve die naliiiiti boundary, and to u-ac.h it by llie iieartsi direct course. Tlius, if alter more accural* .^urvtys shall have been maili', it .<;honld le found that lii* north course from the head of dm St. Croix should not reach thtt higlilands, which an.swerthf I'escnp- tion of those de.-sgnaled in the ir.Mtv of 1783, then a direct line from the head of tht- St. Croix, what- ever may be ilsdircctirm, to such hifthlandu ou'jht to be adopted, and the line will still be conforma- ble to the treaty; and Mr. Livin;.'ion inform* Sir Charles R, Vauuhan, tnal the anticipations of nn arrangement by which ihe Government of the Uni- ted States mi.^ht be enabled to treat (or a niore convenient boundary have not been realized, and in the presmt state of thingn, \hpii>iii(Mi ni .Mi. Livinu- st«m I so rfftiict'd tn the terms aflh- Iralti, thai 'he ')rt."iij of it i> the fcame as that which b-- lia* been iii- Urncted hy lih Unvrrnmmt I" inform the (i"virn- nii'ntofilie Inili'd Slates that it was Impiiits In ne- ffnlialf upon. While tli» poini of dcpailaie ot the line to be iraccd accoiding to the proiiosiiion of .Mr. Livingston is cit-ntiv established, Ihi point at v^hicU it is t> lenninale is led in douiil, and lo U' decided by the special commission, etc. He wiNlm.^ to be inforiiifil what liinitttlions ii ir. inlendt'd lo put upon the course to be lnllowe.l by the comiiiissinii; whctlier iheaitention of the ci'mtiii*crves that the impression left upon his mind, afirr a con- versation with Mr. LivinisicM.andthc production of a map upon a small scale, is, that the hit:htundi to 4(f sought in the manner he proposed, w.ruld priilia. biy be f»iund north of thf St. .hhns, but veslirur.l some miles of Ihe river St, Fiaiuis, and that h* would be happy to receive from Mr. McLane .some further explanation of the intended c'uir.e to be pointed out to the special commissioners. On the 5th .Tune, 1S33, Mr. McLuie trplir-* that it is not expecled thai any Uinilntinns will be put upon Ihe co'irse to be imrsued bv the .xpeciid cmii- missioners, but such as an" ri'ijuifd by a laithlnl adherence to the description of the boundary in the treaty of 17B3, and proposes to make another ciFort to oveicorae the difficulty, and dis-antinj? the due north line, should that bee une nccts^arv; l" ^c•^ic for and find, in the fiist place, the " lii^hlaiid< which dividtf those rivers that empty tbi'in-elves into Ihe river St. Lawrence, tVom those wliich fall into the Atlantic Ocean;" and when the e shall be found in any part of the disputed territory, north or south of ihe St. .lohns river, to draw a line from the monument to the saiil highlands, and lo that point thereof which shall be nearest lo a due norih line from the inonuiuent. On the 10th Fcbruarv, 1834, Sir Charles R, Vansthan replie«, that no sati.sficiory or nsf-ful re- sult could be obblined from the local survey pro- posed by the American Government, until 'Uv two parties are ajjrced upon crtnin points urged ' ■ '.Im, and says nodj'ubt can exist that hy Roinsf/iirfi. igh to the leestward, such hi^hlantls as Ihos" requireu by Ihe treaty coiild be found, because it is icell known that ihe hi^h ground in llie neighborhood of the source of the St. ,/u/trw divides the Kennebec, which falls into Ihe Ailaiiiic Ocean, from the. Chaudiere, which faMs into the St. Lawrence; and upon a lull view of Ihe matter, his Maji-sty's Government ihinlc that, in the ftvH place, and previously lo any further negotiation, they are entitled to claim from the Go- vernment of Ihe United Stales an acquiescence in the decisions prontninced bv the nrbil'T upon all tho.se points which lie has decided; and in the next place, that as a preliminary to any attempt lo set- lie the remaining point by negotiation, ihey ought to be satisfied thai the Government with which they have lo treat is possessed of the poioers ni-ce-ssary for carrying into effeit any arrangement upon which the two parties mi>;.ht agree. n On ihr llih March, 1834, Mr. McLnne replies, that the nrbiier hnviiiK Tailed to decide the que.< him, (he npiiiions nf thai arbiter, in the course (jftiis rcii.''i>nin(; upon tlie pnjiit Kubiiiittr'l, nr« liable to many (ibjcctiDnn, wliich are regarded a< insuperable, and repeals the prnpoyiiion to muh- niit the whole siibj 'ct to the commission, wilh an vntimiltd diKrrtioit vver all thr poitUn necessary to llie proper decision of the sulij.'ci committed to it. March 16, 1834, Sir Charles R. Vaughan leplies, tliiii under aueh a coinmis.siim, not a .step could be taken, unles.s the two Qovernmenls aerce upon two of the subordinate poini.s, viz: the eharac ter qfthf /(inrfthcy are to discover as dividing watei.s according to the treaty of 1783, and what are to be consiilered a.n Mlantic rivers- March 21, 1834, Mr. McLane replies that the United Staie.s have no power to di.scard the line called for by the treaty of 17S3, without the assent of Maine; and that absent, in the present .state of the controversy, while there remains a rca.sonabJe hope of discovering the true and original boutidary, it is not po.vsible to obtain; and under .<^uch circumstan- ces, the Government of his Ilritannic Majesty is in- vited to unite with the President in another effort, aided by the adoption of a plain and easy rule of surveying, to find the line of the treaty of 1783. December 8, 1834, Sir Charles R. Vaughan re- peat.s the arguments before urged a.ult from eitablished fact.*, and the juM interpretation of the treaty ol 1783, and Ruch as heretofore have been, and arti now again, tendered by him to his Dritan- nic Maje.sty'.s Government, and invites a proposi- tion from his Majesty'.s Government. December 38, \S'M), Mr. Bankhead, under in- siru( tions from his Majesty's Qovernmrnt, argues the river qiie.stion, and says that with re.«peci to the President's proposal lor a commission of explora- tion and survey, his Majesty's Government could only agree to hitch a conimi5si(m, providtd there were a previous underttunding between the two Go- vernmvnts that, although neither .should be required to give up its own interpretation of the river ques- tion, yet as the commission of survey would be in- tended for the purposes of conciliation, and with a view of putting an end to discussion on contro- verted points, the commissioners .should be in- structed to search for highlands, upon the character of which no doubt could exist on either fide; repeal.s that his Majesty's Government are ready to treat for a conventional line, and proposes to divide the disputed territory equally between Great Britain and the United Slates. February 29, 1836, Mr. Forsyth replie.i, that agreement between the two Governments is im- possible, while his Majesty's Government continues to maintain the position indicated by Mr. Bank- head's note; declines the proposition of his Majes- ty'.s Government to divide the disputed territory equally between the two ('Overnments, and says that the President will, if his Majesty's Govern- ment consents to it, apply to the State of Maine for its as.sent to make the river St. Johns, from its source to its mouth, the boundary between Maine and his Majesty's dominions in that part of North America. March 4, 1836, Mr. Bankhead refers to his note of 28lh December, proposing to instruct the com- missioners to search for highlands, upon the charac- ter of which no doubt could exi.st on either side, and thinks that the Secretary of State has not given this modification on the part of his Britannic Majesty's Government of the President's proposition the full weight to which it was entitled; and again submits it, bearing in mind that the commissioners who may be appointed are not to decide upon points of diflTerence, but are merely to present to the respec- tive Governments the result of their labors, which it is hoped may pave the way for an ultimate settle- ment of the qiiesMDn ; and he notifies Mr. Forsyth that the proposition otfered in Mr. Forsyth's note, to make the river St. Johns', from its source to its mouth, the boundary between the United States and his Majesty's Province of New Brunswick, is one to which th'. British Government, he is con- vinced, will never agree. March 5, 1836, Mr. For.syth hopes that the President's proposition for making the St. John's tlie boundary, may, when brought before his Ma- jesty's Cabinet, be received in a more favorable light than that in which it appears to have pre- sented itself to Mr. Bankhead. If, howevrr, the river boundary be rejected be- fore the President con:- ilii be required he river ques- f would be iii- >n, and with a oil on conlro- ihould be in< n the tkaracltr rH(U; repeals ready lo ireal s to divide the it Britain and replies, that men IS is im- lent continues ' Mr. Bank- of his Mnjes- uied territory nts, and s>ays *ly's Govern- ate of Maine >An», from ila ween Maine part of North rs to his note ruct the com- nn the eharae- ilhtr aide, and not given thii nic Majesty's sition the full igaiu submits ssioners who pnn points of 10 the respec- hors, which it limate settle- Mr. Forsyth irsyih's note, source to its United States Brunswick, is nt, he is con- pes that the he St. John's fore his Ma- )re favorable 9 have pre- ! rejected bt- odijicaiion of iiiinient uf a y, it will be n the views of the British QoTernment io (^ering the modifitiy' tvm, tie. August 10, 1837, Mr. Stevenson makes known to Lord Palmerston Ihe earnest and unabated de- sire which the President feels that the controversy should be speedily and amicably settled, and ex- presses the anxiety with which the Government of the United States is wailin)^ the promised deciition of his Majesty Government upon the proposiiiun submitted to it as far back as July, 1S3G. January 10, 1838, Mr. Fox recapitulates the various attempts which have been made to settle the question of boundary and failed; and in refe- rence lo the only remaining proposition of a com- mission of exploration and survey says, that her Majesty's Government have little expectation that such a commission could lead to any useful result, and on that account would be disposed to object to the measure. But at the same time they are so unwilling to reject the only plan now left which seems to afford a chance of making any further advance in this long pending matter, that they will not withhold Iheir consent to such a commission, if the principle upon which it is to be formed, and the manner in which it is to oroeetd, can be satisfactorily .settled; and says that her Majesty's Government have stated their opinion that, in order to avoid all fruitless disputes as to the character of such high- lands, the commissioners should be instructed tn look for highlands which both partita might acknow- ledge as fulfilling the conditions of the treaty. But if the two Governments should agree to the appoint- ment of such a c(ntemplate.s a commission of boundary an,jlogous to that under the fifth article of the treaty of Ghent, and would, in all probability, prove equally unsatiifactory in practice. From this history of the efforts on the part of our Government lo settle the line of boundary by nego- tiation, it mast bf apparent t.) every Senator that there is no hope of esiablishinscthe boundary of the treaty by negotiation. The Government of Great Britain has not, at any lime since the rejection of the advice of the arbiter, consented to treat upon the bans cen pressing upon the Govern- ment of Great Britain their anxious desire lo settle the question of boundary according to the provi- sions of the treaty, and in some instances have been induced to go beyond what may fairly be regarded the legitimate construction of the treaty, in order to obtain an amicable adjustment of the controversy, it has been Ihe purpose and endearoi of the other parly to avail themselves of this disposition to oiv tain concessions and admissions on our part which, in their effect, would render the description of the boundary contained in the treaty utterly nugatory. After such a lapse of time, and after surh efforts as have hsen made on the part of our Government to settle this question of boundary, and with inch dis- positions on the other part as are manifested by the attemiits at negotiation which have been detailed, it Is vain to hope that Ihe question of boundary can be settled without some decided action on Ihe part of Congress. What that action shall be depends very much upon the justice of our claim, and upon the pretences of the Government of Great Britain to resist it; and that Senators may be possessed of the means of coming to right conclusions, and of forming a correct judgment upon these points, it ia proposed to state, in a brief manner, some of the grounds and evidence upon which it is believed that the right is clearly with us, and that the pre- tences of the British Government are of recent ori- gin, and without any valid foundation. By Ihe first article of the treaty of peace of 1783, his Britannic Majesty acknowledges the said United States — viz: New Hampshire, Massachusetts Bay, etc. — to be free, sovereign, and independent States; that he treats with them as such, and for himself, his heirs, anil successors, relinqnishts all claims to Ihe Government propriety am/ territorial rights <\f the same, and every part thereof. It is admitted, as well on the part of the British Government as of the United States, that the map which was used by the commissioners who negotiated the treaty of peace, and lo which they had reference in forming the terms of the treaty, was Mitchell's map, of which copier., upon a reduced scale, are now exhi- bited t' : i.ii: Senate. Upon this map are represented New England, Province of Maine, Province ( f .Saga- dahock, on the ipesf side of the river St. Croix, and Nova Scotia or Acadia on the east side of that river, with a line drawn from the source of the St. Croix, directly north to the river St. Lawrence, crossing the St. Johns. It is to b ■ remembered that Mitchel's map was published in 1755, when the province of Massachusetts Bay, as well as the province of Nova Scotia extended to, and were bounded by the river St. Lawrence, and so continued to be hound- ed, until the formation of the province of Q.uebec in 17C3. By the gram of King James the first to Sir William Alexander, afterwards Lord Sterling, m IGll, the boundaries of the Territory of Nova Scotia are, so far as relates to this question, thus described: " to the river commonly called by the name of floljr Crmw, or lh« Sc. Croii, and In ihp furiherMt lourc-c or "prinK upon the weKt«>rri hranrh of the faiDf, which llr^l niinxlfti itM watem with ihow of the saiil river; Iheiice by an imaxinary HrHtUnt, to liv drawn or run through (he country, or over ihe land to the north to the Tintt hay, river, or aprinf eniplyinx itself into the utem rivi-r of Canada, and rrom thence running tu the enxi along Ihe thoren of the snul river of Canada to the river, bay, or harbor, coinmonly known, or called by the name of Qarhepe or Qanpee, etc." By the charier of 3d William and Mary, IGtH, it is declared " that Ihe territurieM and dlnnies, called and known by the namex of the colony of MaMachu8elt<« bny and colony of New Plymouth, the Province of Maine und the territory called Acadic or Nova Scotin, and all the tract of land lying between the Maid territories of Nova Scotia, and the said province of Maine, be erected, united, and incorporated into ont province, by the name of nar province of the Massachiisetta bay in New England. Upon referring to MitchelPs map, it will be seen that Ihe line drawn upon it, from the source of the St. Croix to the river of Canada or St. Lawrence, » the westerly line described in the grant to Sir William Alexander, and Nova Scotia, as then known and understood; and Ihe easterly line of the province of Massachusetts Bay: each of those provinces, when that map was made, extending northwardly to the rivtr St. Lawrence. After the publication of Mitchell's map, viz: in I7G3, by an order in council, the province of Quebec was formed, and the .southwardly line of it ihus de- scribed: " the said line crossing the St. Lawrence nnd Lake Champlain in forty-five desrees of north latitude, passts atong tin highlands which diuiJe the rivers which empty themselves into the .'rovince of Quebec, it is enacted that all Ihe terrilorieji, islands, and counties in North America, belonging to the Crown of Great Britain, bounded on the south, by a line from the Bay qf Chaleurs, along the highlanils which dimde the toaters that empty tketnseltes into the river St. Lau>rence,from thoM fall into the tea to a point in forty-five degrees of north latitude, on the eastern bank of the river Connecticut, etc. be, and they are hereby, annexed to, apd made part and parcel of, the province of Quebec, as created and esta- blished by royal proclamation of the 7th October, 1763. In the commission to Guy Carlton, Go- vernor of Quebec, dated Decembfr 27, 1774, the southern boundary of the i rovince of Quebec is thus described:" bounded on the south by a line from the Bay of Chaleurs, along the highlands which divide the rivers that empty themselves into the river Si. Lawrence from those which fall into the sea, to a point in forty-five degrees north lati- tude, etc. After the proclamation of October 7, 1763, the commissions to the several Governors of Nova Rcotia, vie tn Montaf^ne Wilmnt in I7(i3, to Lord William Campbell in 1765, to Frnnein Legge, e-^q. in 1773, and to John Parr,r!y a line drawn hern boundiiry nhward by the n extremity of y ihe said bay, the bay called 'mm all these liable that the y Nova Scotia, /.I has betn, the source of that ly to the river le south line o( iR, a line from ghlands, which iselves inio the h fall into the if northern lati • lat province is ne of Maine to t the Bay Cha- ;ondly, by acts •poraiing coun- Chaleurs, and ating the Jlsht' id establishing nd deciaiation, vinces of Que- 17, when it was e province of between these cts hercaftsr to inc or Massa- id was boundad d as no change )r to the treaty nee of Quebec Lawrence,) it 3 south fine of the St. Law- be province of Ma)iMirhn«etl> Hfty, aiUmmtHKt Hmi ^ik» frteff , when hM Oritanic Majesty refiMfHM*^ all claim in the i[veft%mtn^, ffri^friiltf at\4 tmiloriiU tighUoftht tsitt and tvtrjf pari thtrtof. Thai line win dirMiri- bed, in ihe proclamation, tu be a line "croMing the Hi. Lnwienee and Lake Chainplam in 15 det^ree ^ noiili luiiiuite, pa«*iinK aloni; the highUndN whu'li (iivi'le Ihe river* which emp'v ihein»e|v«< into Ihi- Mid river St. Lawrence from ilm^e which fall into the sea, and also aloni Ihe coatit of the n.iy dei ChiAleurs," and in the act of Parliament "by a line from the bay of Chalenrs along the highlands whii.h divide lh« water-* that empty ihem'y reterence to nilicr known inonuBient<, and direct- itiK Ihe miinner in whicli a line titoiild l>e extended from one to die other, and hence the turiherde- ^tcriniion of that angle, the point of departure, via: " Thai anisN" wh.eh is formed by a line dia'tn due north irom the source of 8i. Croix river to the highlands." To determine, iheiefore, the pariicii- Ur place and location of the an»le thus de^ciibcd, it could only Iw necessary to commence at Ihe source of St. Croix river, and run a line therefrom due Aorth, until it should reach the highliinds, and at whatever point of the highlands that line thnuld meet them, would be the an«le called for by the treaty. To effect this, the leurc* of St. Croix rirtr and lAe highlands must be ascertained, and it i.i matter of history that the t«'o Governments were not, for years after the formation of the treaty, agreed as to what river was the St. Cmix river, mentioned in, and intended by, the treaty ; the American Government claiming that a river fur- ther east than Ihe Scouiliac was the St Croix of Ihe treaty; and the British Government contending that Ihe Penobscot was Ihe St. Croix of the treaty. This point of disaurcement was settled and finally determined in 1797 by commissioners of both Qo- vernmenli under the provisions of -the treaty of 171)4, and a monument was accordingly erected at the s lurcu of the western branch of the river Scon- diac, or St. Croix river, as the source of St. Croix river mentioned in the treatti tf nS3, and that monu- ment has ever since been, and now is, recognised by both Governments as the poiai from which the line is to be drawn due north lo the highlands. This point being fixed, and not now disputed, it remains to ascertain what highlands are to be reached by the line running due north from this monument, at which the northwest angle of Nova Scotia is to be located and fixed, and this is the point of difference between this Government and the Government of Great Britain, and of course requires a careful and close examination. In the former p.irl of the descripiiuft (in tha treaty of 1783) of the highlands, at which the angle is lo be f'rmed, there is not any further designation of them, than that the line drawn due north from the source of St. Croix river to the highlands is the point from which the line of boundary is to start, and that line of boundary is " along the »aul highlands, which divide those rivers that empty themselves into the St. Lawrence from those which fall into the Allan- tic ocean, to the northwesternmost head of Con- necticut river" — the highlands called for, as con- siiluting the point of departure of the line of boun- dary, mast be the same as those upon which that line of boundary is to run along ; and ihe highlands upon which that boundary is to run along, are highlands which divide the waters, etc. Further, in the latter part of the description of boundaries, in the treaty of 1783, Ike highlands intended Are more certainly fixed, in the following words : " East by a line to be drawn along the middle of the river St. Croix from its mouih, in the bay of Fundy, to its source, and from its source directly north to Ihe aforesaid highlands, which divide the rivers that fall into the JltlanUe ocean from those which fall into the titer 10 .k St. Lawrtrut.^* The highlands mentioned in both iarts of llie Jescription of boandaries are therefore \e tame and Kut different, and, to satisfy thed' scripiioti of ihein, must be such highlands as divide Ihe riven in the manner mentioned in the treaty. That such highlands were known to be near to Ihe rirer St. Lawrence, and between the source of St. Croix and the river St. Lawrence, is not only apparent upon inspection of Mitchell's map, used by the commissioners in forming the treaty of peace, and in preparing the description of boun- daries, but was then matter of history and record in England, as well as in the British provinces in North America. In Pownal's topographical description of part of the British colonies in America, in describing mountains, highlands, etc. he says: "And in the latitude of 45 or thereabouts, turning eastward, runaway to the Gulf of St. Lawrence." Again: "Going from the same line in latitude 45 of the greatest height of tAis range of mounlaitu, and fol- lowing them lo the east northerly, they all seem to range as united until again divided by the Bay of Chaleurs." Again: "All the rivers which have their sources amidst the northern ridges of this great range, fall into Canada or St. Lawrence river, as the St. Francis, Chaudier, and many others. All which have their sources in the southern ridges, fall into the Bay of Fundy or into the main oceon," etc. The range of highlands thus described is near to the St. Lawrence and north of the St. John.-;, and has always been claimed by the American Govern- ment as the highlands intended and described in the treaty; and although formerly admitted to be such by agents of the British Government, it is not so now; but the latter Government contend that the dne north line from the source of the St. Croix shall stop at Marr's Hill, which is situated some thirty miles south of the Great Falls in St. Johns river, and not more than forty-tive miles from the monument at the source of St. Croix. To show that the highlands of the treaty were formerly understood and admitted by the agents of the Government of Great Britain to be situated north of the St. Johns river, and where the Ameri- can Government now claim that they are to be found, the following extracts are submitted: Extract from minutes of Executive Council o/ Quebec. Monday, 9th July, 1787 — Present his Excellen- cy ths Governor, &c. closed deseripHons of the boundaries of the provinces of Q.uebec, f^ova Scolia, and New Brunswick, ex- tracted from commissions as Governor thereof, to which is likewise added the description of the boun- dary of the United Slates, taken from the definitive treaty for your information, &c Exlractfrom Mr, IloUand^s report. "July 2G, 1787. — Pursuant to orders, proceeded to Great Falls, on the river St. Johns, and on the 16th met Capl. Sproul, Surveyor General of New Brunswick, who said that, conceiving his waiting for us at the Great Falls totally unnecessary, he was now proceeding on his way to the height of land or the carrying place between St. Lawrence and Lake Timisconta, as there (according to his idea) the boun- dary ought to be fixed. I observed, it was gene- rally understood in Canada, that the line between the provinces of CXuebec and New Brunswick should run/rotn,i,u- • .• . J • /. \of Parliament for establishing the province of Quebec. Hislordship inumat^ed the propnety of asc^^^^^ Extract from the report of the Commlslioner of taining the limits between this and the province of New Brunswick, and that the Surveyor General of that province would soon meet Mr. Holland for that purpose, &,c. Extract from Lord Dorchester's instructions to Mr. John Holland. auEBEc, July 9, 1787 — You will be pleased to accompany Mr. Fin ley to the Great Falls on the river St. Johns, in order to assist in marking out the boundary between the provinces of Q,uebec and New Brunswick, &c. You will there meet the Surveyor General of the province of New Bruns- wick, or some other person authorized by the Lieu- tenant Governor of that proviice, in concert with whom and Mr. Finlay, you will proceed upon that business. You will be guided therein by the en- Council of the province of Quebec, appointed to con- sider tlu boundary between the provinces of Qfiebce and JiJ'ew Brunswick, Sfc. Oct. 18, 1787: "The Commissioner most humbly submits to your Lordship whether it would not be for the advantage of both Governments that the province of Q,uebec be separated from that of New Brunswick by a line running along the highlands, which extend from the head of Chaleurs bay to the foot of the great full of St. Johns river, and from thence crossing the river (so as to include the whole of ihe portage or car- rying place) and continuing in a straight line toward the sources of the river Chaudeur, winch rise on the highlnwls that commence al the said head efthe Bay of Cha!eurs, and extend all the way to the northwest- ernmost head qf Connecticut river." tl tthii "T ctraci from 1797, befm cleoflhe trt "If it can b tiled by the at a line al ither with a irt of the we totia, and mndary line face was madi ova Scotia, iries, the i ice ascertait "But to ap lediately un )rth from •anch of ih( ave to each vers that en Uhin its terri ['he efle( completely i;l thence as intende( ist interpre irthfrom th the ScoudU feci to the so to Great the river St reason ths ard, not on ova Scotia, id even of ust, ofneces'. o.ss it in a ] nds, and wl north lii lepumaticc )hn wiihin Metropolis of ^iirces of the ttnot of man mslract fi om * Minister I J Ward Chtti ifient in 17! 1*1 have CO th|ldate, an atteptloii of tho)' boiindar dominions ai ference to a I of the Seodi alterable ad titt'itory to P Mlj^nto/navi, it thus api wire conteiK Cmix, or plai kt lun, It 1 Hch due noi Id that the It river, fitibh Gove which i Hen then su of the provinces Brunswick, ex- tmor thereof, to )tion of the boun- om the definitive '» report. rders, proceeded ohns, and on the Grencral of New ving his waiting unnecessary, he the height of land wrettee and Lake s idea) the boua- ed, it was gene* Ihe line between !Jew Brunswick !ur bay along ths to the Great Falls 1 thence west to of the river St. d a boundary be le would protest to directions laid Is, Capt. Sproul adding that he portage, to exa- the heights there, ain the boundary J^ew Brunswick, le rivers which 3t. Johns are ia ind those which the province of show the im- %boundary on the 1 Ihe fixing that ndary beltoeen va md that a large lost to his Ma- id Mr. Sproul to . He refused, ion of the situa- hiral knowledge tmallerahle, &c." he Governor of 7th July, 1787, ;n the provinces yetably to the act avince of Quebec. Commissioner of appointed to eon- ovinccs ofOftebce 1787: submits to your 'jr the adifatitage ince of duebec Jrunswick by a hich extend from the great full of jssing Ihe river portage or car- ght line toward hick rise on the head of the Bay the norlhxctst- 11 xtract from the arguments of the Briliih assent, in 1797, befsre the Commissumers under the 5lh arti- cle of the treaty of l'9i. "If it can be shown that the rii;«r Scoudlac, no lied by the Indians, u this river St. Croix, and lat a line along ihe middle of it to its source, to- ther with a line due north from its source, formed a trt of the western boutulary of the province of Mva otia, and that the highlands formed tlic northern undary line of this province at the time the treaty of ace was made, so as to form the northwest angle of ova Scotia, by these western and northern boun- ries, the intention of the treaty of peace is at ice ascertained in the great point in controversy. 'But to apply these facts to the point more im- ediately under consideration, whether a line due fih from the source of the Western or main anch of the river Scoudiac, or St. Croix, will ave to each of the parlies to the treaty those vers that empty themselves, or whose mouths are, Ithin il5 territories, upon Iht sea coast renjteclively. "The effecl, so far as regards the United States, completely secured by the treaty, in all events; id thence we have further reason to suppose it as intended to be reciporcal in this respect, if a St interpretation will warrant it. A line due irth from the source of the western or main branch ' the Scoudiac, or St. Croix, will fully secure this feet to the United States in every instance; and so to Great Britain in all mslanccs except in that the river St. Johns, wherein it becomes tmpoMibte, r reason that Ihe source of this river is lo the west- rd, not only of the western boundary line of ova Scotia, but of the sources of the Penobscot, d even of the Kennebec, so that this rortk line uit, ofnecesnly, cross the riHer St. Johns; hut it will OSS it in a part of it almost at the foot of the high- nds, and where it ceases to be navigable. But, if north line is. traced from the .source of the heputnaticook, it will not only cross the river St. hn within about 50 miles of Fredericktnn, the Ietropolis of New Brunswick, but will cut off the \irces of the rivers which fall into the bay of Chaleurs, not of many others," &c. tract from a letter of Robert Liilon, hif Majesly^s J\Iinisler Plenipolentiarij to the Unittd States, to '>f Ward Cliapmin, cq. agent of the British Govern- nent in 1798. i have considered, with attention, your letter of thm (lute, anil it appears to me cvidrnt that the adBptInn of the river Cheputnaticook, as part o( Ihv boundary between his Majesty's American dominions and those of the United Stales, in pre- fefence to a line drawn from the easternmost point of' the Scodiac lakes, wnuld be attended wiih con- trable advantage. It would give an addition of ilory to New Brunswick, tugeiher with a greater eiiknt of navigation on St. Jefins riuer," i(c. It thus appears that when the two Governments w^e contending with each other ns to the true St. Ootx, or place from which the due north line was to kv run, it was well understood and admitted that h due north line would cross the rivtr St. Johns, I that the highlands of the treaty ware north of river. If Marr^s Hill (now claimed by the litish Government as the highlands of the treaty, ■ which is far son(/i of the liver St. Johns,) had tNJkn then supposed or claimed to be the highlands, e at which Ihe due north line was to slop, vhj the zeal and effort of the British agent to fix the start- ing point (the source of the St. Croix) so far west as that the line, running due north from it, should not cross tht St. Johns near Frederickton, but so far up that river as to be beyond where it was navigable and near to the highlands? Or why should Mr. Lis- ton, the British Minister, write to their agent for managing the question before the commissioners, that, by adopting the course suggested, it would give to New Brunswick a greater extent of naviga- tion on the St. Johns? Again: at the making of the treaty of Ghent in 1814, it is manifest that the British Government made no pretension that the highlands were south of the St. Johns, or that any portion of the territory now denominated disputed territory belonged to that Government The idea that the St. Johns river was not an Atlantic river, that the highlands of the treaty were south of the St. Johns, or that Ihe line of boundary was so imperfectly described in the treaty tbat it was impossible to And and locate it, was not then entertained. Hence we find that, on that occasion, the British commission- ers first propose "such a variation of the line of frontier as may secure a direct communication be- tween duebec and Halifax." On being informed that the American commissioners had not autho- rity to cede any territory, the British commissioners say that they woie not prepared lo anticipate the objections statcii by the American commissioners that they had no authority to cede territory, how- ever injiigni^cant, although the proposal left it open to them to demand an equivalent for such cession, in frontier or otherwise ; and further add, that "they are pursuaded that an arrangement on this point might be easily made, if entered into with a spirit of conciliation, without any prejudice to ihe in- terests of the dist rict in question, [viz: the now State of Maine,] and Col. Bouchette, Surveyor General of Lower Canada, in his Topographical description of the province of Lower Canada, printed in Lon- don in 1815, says: "The main ridge, continuing its northeasterly direction, is intersected by an imagi- nary line, prolonged in a course astronomically due north from the head of the river St. Croix, and which ridge is supposed to be the boundary be- tween Lower Canada and the United Stales; at least such appears to be the way in which the treaty of 1783 is construed by the American Go- vernment, but which ought more fairly to be under- stood as follows, viz: that the astronomical line run- ning north from the St. Croix, should extend only to the first or easterly ridge, and thence run west- erly along the west of said ridge to the Connec- ticut, thereby equitably dividing the waters flowing into the St. Lawrence/iom those that empty into the Jltlatitic within the United States and those that have their estuaries within the British province of New Brunswick. It is important, and must always have been had in contemplation, that an uninterrupted communication and connection should exist be- tween all his Majesty's North American posses- sions; but, by the manner in which the treaty is in- sisted upon by the opposite paity, a space of more than eighty -five miles would be placed within the American limits, and by which the British pro- vinces would be completely severed; it would also It Ir produce the inconvenifnee of hnvin^ Ihc mail fVom England lo Quebrc carried over that distance of American territory, which may be deemed eiiher as matter of indulgence, or c*)mplained of as an encroachment, according to the temper of the times." Since it was ascertained that the American Go- vernment was not disposed to vary the treaty line, to««ie, or to txchange for an equivalent, ilie ri!;hl of communication between Q,uebec and Halifax, which seems so desirable to the British Govern- ment, other objections have been invented and urged by that Government against (he claim and right of the American Government to the territory before admitted to be ours, and which is most clear- ly ours by the terms of the treaty of 1783. One of these objections is, that the St. Johns river does not empty its waters into the sea or Mlantie ocean, but into the bay of Fundy, and hence that the highlands which divide the waters running into the river St. Lawrence from those which run into the river St. Johns, are not such highlands as are called for by the treaty. Second: that there are not any highlands noith of the Si. Johns river which would be reached by running a due north line from the source of St. Croix river; and, thirdly, that Marr's Hill, about thirty miles south of St. John's river, on the due north line from the source of St, Croix, and the hills and mountains sepa- rating the waters which run in the St. Johns river fi^om those which run into Penobscot river, are Ihc highlands of the treaty, and along which the boun- dary is to be established. In answer to the first objection, it is sufficient to ask Senators to look at Mitchell's map, and they will see that the great river of Canada, or St. Lawrence, is laid down on the north of New England and Nova Scotia, into which certain rivers are represented as runnina; from among the highlands therein indicated; and on the south and east is the Atlantic ocean, into which all the streams and rivers south of the same highlands appear to run, and St. Johns river is one of the latter. The objection that the St. Johns river empties its wateis into the Bay of Fundy, atM thence into the ocean, is none other than exists against the Penobscot, which empties its waters into Penobscot hay, and thence into the ocean; and to the Kennebec, which empties its waters in'o Sas^ndahoe bay, and thence in'o the ocean, and both of which latter rivers are admitted by the British Govemtmnt to empty them- selves inla the Mantie ocean. To obviate the second objection, the following extracts are deemed .sufficient. Colr.nel Bouchette, Surveyor General of Lower Canacia, in his topo- graphical description of that province, before quoted, states: "Beyond this range it aliout fifty miles distance, is the ridge, generally denominated the Lands height, dividing the waters thai fall into the St. Lawrence from those taking a direction towards the Atlantic ocean, and along whose sum- mit is supposed to run the boundary line between the territories of Great Britain and the United States of America. This claim commences upon the eastern branch of the Connecticut river, takes a northeasterly course, and terminates near Cape Rosier, in the Gulf of St. Lawrence." And, "Prom the Connecticut river, the height of land on which the boundary is supposed to pass ruos to the northeast, and divides the waters that fall into the St. Lawrence from thotie flowing into the Atlantic; and which height, after running some distance upon that course, sends ufT a branch to the east- ward, that separates the heads of streams fallmg into Lake Tamisronata and river St John, and by that channel into the Bay of Fundy, from those that, descriid in a more direct course into the Atlantic." Colonel Johnson, United States surveyor, in his account of the survey of the due north line in 1817, says that, proceeding north from the last mentioned ridge, the land continues very high, and not very uneven, 144 miles 26 chains, (north from the monument,) where the land is nearly as high as at 132 miles, and is the ridge which divides the waters emptying into the St. Lawrence from those which fall into the Atlantic ocean. Colonel Paitridgc, United States Surveyor, states that the land at Grand Portage, near Lake Tamis- conata, is 1336 feet above tide water of the St. Lawrence at St. Andre. To the third objection it is answered that the lo- cation of the boundary at Mars Hill, would contra- dict all cotemporaneous understanding as to the highlands, which formed the boundary between the province of Q,uebec on one side, and the provinces of Massachusetts Bay, and Nova Scotia or New Brunswick on the other. It contradicts the argu- ments and opinions of the British agent, and of the British minister, at the settlement of the true St. Croix, of the treaty, and fixing the monument at the source of the Scoudiac river. It does not di- vide any waters i vnning into the St. Lawrence from waters running into the Atlantic ocean, but does divide streams running into the St. Johns from other streams running into Penobscot river, anil through those rivers into the sea or Atlantic ocean; in other words, it divides waters running into the Atlantic ocean, through the St. Johns river, from waters running into the Atlantic ocean, through the Penobscot river. Mars Hill is a separate, iso- lated mountain, and there is not any range of high- lands extending from it in the direction toward Con- necticut rivtr. It cannot be the narthveest ong/e of Nova Scotia, for the reason that tha teest line of Nova Scotia, now New Brunswick, continues due north more than 100 miles from Mars Hill. The highlands of the treaty must be where the north- west angle of Nova Scotia was at the making of the treaty. That Nova Scotia extended north, as far as the Resligouche, is proved by her acts of jurisdiction, incorporating counties, parishes, &c. upcm that river, and the line between the now pro- vince of New Brunswick, and the province of Lower Canada, is upon the bay Chaleurs, and the range of highlands extending therefrom toward the head of Connecticut river, making the norlhioesl aiig-ie of New Brunswick where the American Government claim it should b", more than lOU miles due north from Mars Hill. Further, the original west line of Nova Scotia extended from the St. Croix river, from its mouth to its source, and from its source directly north, to the St Law- rence, (since changed to the highlands, or south line of the province of duebec,) and that west hue hns not been varied, but now is the west line of the province of New Brunswick. It is not denied that « north lin iiilea north o nay appear, asist that the iew Brunsw ick, viz: at nd about on f SI. Croix u ht south lini If Mars F cotia, now ] lat the line xtent, must M from this ig to the At iilcs from tl laim) it tun iles to the handier. Who, befoi a straigt lii le northwest tck. It should, I the British arked upon preseiitatioi d of the I ctive partie est ol the nd west of ew Brunsu ns to the C «n to 181 een the li rties, conti land, and l J^evi Bruni be claime en if it dc lould rathe wer Cana(' line runni led on map n, be aloiis aty iii 178^ ['dispute is ] bi^, now Lo« ribed in e United n thai Pr 'or Gcner iiy of th er Cana< ^eys, (wh ta4 to which c«Hed.) whici s dividin vince ol 1 ich highla: United St the north counties i IS -*' I that fall into thf into the Atlantic;' g some distance inch to the east-^ if Ktreams falling j St John, and by{ 'undy, from those | course into the ' surveyor, in hi.s lorth line in 1817, he last tnenliuned: [h, and not very; (north from the irly as high as at< livides the waters: rom those which ^ s Surveyor, states ^ lear Lake Tamiv i water of the St. irered that the lo- [ill, would contra- anding as to the idary between the and the provinces a Scotia or New tradicts the ar^n- agent, and of the It of the true St. ihe monument at •. It does not di- U. Laiorence from 3 ocean, but does St. Johns from obscqt river, anil r Atlantic ocean; running into the ihns river, from ic ocean, through s a separate, iso- ny range ofhigh- tion toward Con- Wthwest angle of thd west line of ck, conlimus due Mtrs HiU. The where the north- at the making of tended north, as by her acts of es, parishes, (fee. een the now pro- the province of ihaleurs, and the !from toward the ng the norlhwesl the American more than lOU II, Further, the extended from th to its source, to the St Law- hiands, or south nd that west line e west line of the is not denied that le north line of New Brunswick is at least 100 liiles north of Mars nill, and yet, strange as it lay appear, the British Qorernment contend and isist that the nortkiettt tmglt of Nova Scotia, now [ew Brunswick, is in llu ve$t line o'' Ncv Bruns- rick, viz: at Mars Hill, a point inihat west line,! knd about one-lAiird of the distance from the lomt St. Vroix tu the north line of New Brunswick, . le south line of Canacta. If Mars Hill be the northwtit angle of Nova :(itia, now New Brunswick, it would be expected lat the line of New Brunswick, in its further ilent, muHt vmry to the taitteard of north; but so tr from this being the fact, it continues (aocord- ig to the American claim) due north, about 100 iilcs from (hat hill, and (according to the British laim) it turns iotit, and extends more than 100 liles to the head waters of the Kennebec and ^haudier. Who, before this, ever heard of an angle midway a i(ratg:( tine? but so it must bt if Mara Hill be le northwest on^fe of Nova Scotia or New Bruns- wick. It should, also, be borne in mind that, according the British claim as now insisted upon, and as larked upon map A, which is agreed to be a true ipreseiitation of Ihe topography of the country, id of the lines of boundary claimed by the res- active parties, the tract uf country which is situate ^est ol the due north line from the monument, tml west of the west line of Nova Scotia, now [ew Brunswick, as described in all Ihe commis- )n3 to the Governors of that province, from 1763 )wn tu 1819, and probably to this day,) and be- reen the lines contended for by the respective irties, contains from five to six millions of acres land, and is now claimed as pa'°l of the province JWw Brunswick. By what right or pretence can be claimed as belonging to New Brunswick; ^en if it do not belong to the United States, it onid rather !>eem lo belong to Ciuebec, or )wer Canada, as now called. If Mars Hdl, and line running from it westwardly, and desig- Ited on map A as the line ciainied by Great Bri- in, be along ttic highlands as desciibed in the taty of 1783, then it must follow that the territory I dispute is part of the former Province of Que- ;, now Lower Canada, the .-south line of which is sribed in the same language as is the north line le United States. But it is not ^o,claimed, and sr has been. There is no controversy between pne, or the United States, with Lowpr Canada, aiio the line of boundary between them. There is and never tias been, any contlictol jurisdiction that Province, and so late as 1815, the Sur- Ifor General of Canada, Col. Boucheite, by au- riiy of that Government, published a map of rer Canada, upon a large scale, and from actual reys, (which now hangs in the Senate chamber, •ill to which the attention of Senators is earnestly Cimed.) which shows cleatly and distinctly the high- Is dividing the Province of Canada from the ivince of Maine, now the Slate of Maine, and ich highlands are identical with those for which United States always have and still docont'-nd. : the north of Mat range of h^hlands are marked I counties and parishes in Lower Canada, and on the saul4o/il is marke'l the Provinee of Maine; and It would be with an ill-grace, alter such a survey and map of Lower Canada, for any ene to con- tend that Lower Canada extended over those high- lands and south to the line claimed by Great Bri- 'ain. But notwithstanding all the obstacles to the t.in> of New Brunswick to this territory, and all course as shtl aded claim will ^aee, I propottl le boundary nn*! ates, in the fnlll rhich the lighul will, be ^^^'