^, .^Js^ >. IMAGE EVALUATION TEST TARGET (MT-3) /. .^^% 1.0 ^^ m ttlU 121 £ St 1.1 S Li 12.0 p% '•z Hiotogra[d]ic _ScMices Craporalion 33 WBT MAIN STRUT WltSTm,N.Y. 145M (7l«)t73-4S03 4(^ A jk*- fiff- V 7 ■P iU) immaMHk ■liimmm March, 1830.] SENATE— No. 46. orommonUitaUlj of £maunatf^mttiu. In the House of Representatives, March 4, 1839. Ordered, That the Committee on Public Lands be in- structed to cause to be printed forthwith, for the use of the Legislature, the President's late communications to Congress, on the subject of the Northeastern Boundary ; the Reports of the Committees of Foreign Relations there- on, and the Memorandum of Agreement entered into by Mr. Forsyth, Secretary of State, and Mr. Fox, the British Minister, on the same subject. Also, the Report on the same, made in the Senate of the United States, July 4, 1838. Sent up for concurrence^ L. S. CUSHING, Clerk. Concurred. Senate, March 4, 1839. CHARLES CALHOUN, Clerk. ■^M NORTH EASTERN BOUNDARY. [March, eommonUiraltlj of m^nnut\)nnttt:s. In Senate, March 5, 1839. The Committee on Public La ids, to whom was re- ferred an order of JNfareh 4, directing " the President's late communications to Congress on the subject of the Northeastern Boundary; tiie Reports of the Committees of Foreign Relaiioiis thereon; the Memorandum of Agreement entered into by ]Mr. Forsyth, Secretary of State, and Mr. Fo.x, the British Minister, on the subject; also the Report on tiie same, made in the Senate of the United Stales, July, 1828," to be printed forthwith for the use of the Legislature, report the same. Per order, S. G. GOODRICH, Chairman. i^ ih, 1839.] SENATE— No. 46. MESSAGE FROM THE PRESIDENT. s- 's le ?.s of of t; le To the Senate of the United States, and House of Representatives : I Jay before Congress several despatches from his Excellency the Governor of Maine, with the enclosures, communicating certain pro- ceedings of the Legislature of that State, and a copy of the reply of the Secretary of State, made by my direction, together with a note from II. S. Fox, Esq., Envoy Extraordinary and Minister Plenipoten- tiary of Great Britain, with the answer of the Secretary of State to the same. It appears from the documents that a numerous band of lawless and desperate men, chiefly from the afljoining British Provinces, but with- out the authority or sanction of the Provincial Government, had tres- passed upon that portion of the territory in dispute between the United States and Great Britain, which is watered by the river Aroostook, and claimed to belong to the State of Maine ; and that they had committed extensive depredations there by cutting and destroying a large quanti- ty of timber. It will further appear that the Governor of Maine, hav- ing been officially apprised of the circumstance, had communicated it to the Legislature, with a recommendation of such provisions, in addi- tion to those already existing by law, as would enable him to arrest the trespassers, and secure the timber which they were about carrying away ; that in compliance with a resolve of the Legislature, passed in pursuance of hia recommendation, his Excellency had despatched the land agent of the State, with a force deemed adequate to that purpose, to the scene of the alleged depredations, who, after accomplishing a part of his duty, was seized by a band of the trespassers, at a house claimed to be within the jurisdiction of Maine, whither he had repaired for the purpose of meeting and consulting with the land agent of the Province of New Brunswick, and conveyed as a prisoner to Frederick- ton, in that Province, together with two other citizens of the State, who were assisting him iu the discharge of his duty. t NORTH EASTERN BOUNDARY. [March It will also appear that the Governor and Legislature of Maine, sat* isfied that the trespassers had acted in defiance of the laws of both countries, learning that they were in possession of arms, and anticipa- ting (correctly as the result has proved) that persona of their reckless and desperate character would set at nought the authority of the mag- istrates, without the aid of a strong force, had authorized the sheriff, and the officer appointed, in the place of the land agent, to employ, at the expense of the State, an armed posse, who had proceeded to the scene of the depredations, with a view to the entire dispersion or arrest of the trespassers, and the protection of the public property. In the correspondence between the Governor of Maine and Sir John Ilarvcy, Lieutenant Governor of the Province of New Brunswick, which has grown out of these occurrences, and is likewise herewith communicated, the former is requested to recall the armed patty ad- vanced into the disputed territory for the arrest of trespassers, and is informed that a strong body of British troops is to be held in readiness to support and protect the authority and subjects of Great Britain in said territory. In answer to that request the Provincial Governor ia informed of the determination of the State of Maine to support the land agent and his party in the performance of their duty, and the same determination, for the execution of which provision is made by a resolution of the State Legislature, is communicated by the Governor to the General Government, The Lieutenant Governor of New Brunswick, in calling upon the Governor of Maine for the recall of the land agent and his party from the disputed territory, and the British Minister in making a similar de- mand upon the government of the United States, proceed from the as- sumption that an agreement exists between the two nations, conceding to Great Britain, until the final settlement of the boundary question, exclusive possession of, and jurisdiction over, the territory in dispute. The important bearing which such an agreement, if it existed, would have upon the condition and interests of the parties, and the influence it might have upon the adjustment of the dispute, are too obvious to allow the error upon which this assumption seems to rest, to pass ior a moment without correction. The answer of the Secretary of State to Mr. Fox's note, will show the ground taken by the government of the United States on this point. It is believed that all the correspondence which has passed between the two governments upon this subject, has already been communicated to Congress, and is now on their files. An abstract of it, however, hastily prepared, accompanies this communica* 1839.] SENATE No— 46. tion. It is possible that in thus abridging a voluminous correspon* dence, commencing in 1825, and continuing to a very recent period, a portion may have been accidentally overlooked ; but it is believed that nothing has taken place which would materially change the aspect of the question ns therein presented. Instead of sustaining the assump- tion of the British functionaries, that correspondence disproves the existence of any such agreement. It shows that the two governments have differed not only in regard to the main question of title to the territory in dispute, but with refer- ence also to the right of jurisdiction, and the fact of the actual exer- cise of it in diflferent portions thereof. Always aiming at an amicable adjustment of the dispute, both parties have entertained and repeatedly urged upon each other a desire, that each should exercise its rights, whatever it considered them to be, in such a manner 1839.] SENATE— No. 45. n ant to a survey and plan made under the same resolve This jurisdic- tion has been continued, through the medium of land agents, ever since that time ; and the settlers, who have been there for a number of years past, (certainly since 1822,) have always, in practice, held their property under grants from Massachusetts and Maine. The part remaining unsettled has been applied to no other useful purpose than to use the timber, in which it is very productive ; and the State of Massachusetts h:is been in the practice of granting licenses to her people to cut timber from the public domain. The exercise of jurisdiction was as perfect as the nature of the country would permit. The mere fact of granting licenses to cut timber to certain individuals shows that the preservation of the timber was held to be an object of great consequence, and drew after it the incidental right of refusing to permit ihe timber to be cut down, whenever it was thought wise to do so ; or of taking other measures for its preservation, by driving oflf trespassers, or punishing them by civil process. This right Maine de- rived from Massachusetts. Every State Government in the Union has a right to regulate the landed interest, whether public or private, with- in its limits; and Maine stands upon tiie same footing, unless as to such parts of it as are decided not to be under its jurisdiction by the exercise of the constitutional powers of the Federal Government. But, as has been already observed, no proceeding or agreement of the Federal Government can be found which did not recognise an actual jurisdiction, just such as that now claimed and enforced by Maine. Whether the Legislature of that State ought or ought not in courtesy to the Federal Government, to have invoked its interposition before driving off the trespassers with a strong hand, is a question which the Committee deem it unnecessary to examine ; because the pretensions advanced by the Lieutenant Governor of New Brunswick equally ex- clude the right of the United States and Maine to interfere. If the United States had been applied to, and the urgency of the case had rendered a prompt and forcible interposition nece.^sary to remove those lawless trespassers who were equally the enemies of both Governments, the same opposition would have been mide to such interference by the Lieutenant Governor of New Brunswick, and the same question arisen as in the present case. The conflicting claims of Great Britain and the United States are now presented in antagonistical positions to each other, and the subor- dinate question as to the manner in which they have thus been brought in direct opposition is not of sutScient importance to require strict 16 NORTH EASTERN BOUNDARY. [March. ; examination. If it were, it might be argued that the conduct of the Lieutenant Governor of New Brunswick in directing a boom to be placed across the mouth of the Aroostook river, for the purpose of in- tercepting, seizing, and selling the timber which has been cut, is no sufficient satisfaction to the State of Maine, which may desire to pre- serve its own timber, whilst it argues such remissness on the part of the British authorities, over their own people, as might well have in- ducec* the State of Maine to enforce her own laws. If the Committee are right in the view which they have taken of the arrangement be- tween the United States and Great Britain, there is nothing in it to impair, but, on the contrary, every thing to ratify the jurisdiction of Maine over that part of her territory where it had long been familiar, and the interfersnce of the Lieutenant Governor of New Brunswick is a violation of the existing understanding. In the first proceeding of Main the force sent to arrest and drive off the numerous and armed band of trespassers who were depredating upon the public property, appears to have been in the nature of a civil process, in execution of the law of the land. The power of a ministerial officer, such as a sheriff, for example, to compel obedience to the law, and to summon to his aid a sufficient portion of the " power of the country " to subdue opposition, is well known both to American and British jurisprudence, and is sanctioned by early laws in the history of England. The riot- ous and desperate character of l^e marauders upon the Aroostook, is sufficiently manifested by the fact of their breaking open an arsenal upon the British territory, in order to supply themselves with an addi- tional quantity of arms, to enable themselves to resist and repel the party which was approaching, under a civil officer, to require submis- sion to the laws. The proclamation of the Lieutenant Governor of New BrunsM ick was issued before any steps were taken by Maine to sustain the civil by the military power, and was directed against the interference of the ministerial officer of the law, acting in strict conformity with what are believed to be fundamental principles of British as well as American law. The first appeal to military force was made by him, and the sub- sequent proceedings of Maine are defensive merely. The pretension of the Lieutenant Governor of New Brunswick excludes the civil as well as military power of Maine and the United States from interfering to preserve order in this seat of the ancient jurisdiction of Ma.ssachu- setts ; and would compel the United States and Maine to rely upon the justice, the vigilance, or the generosity of the British authorities for kl ,■'»-«*.--.. . 1839.] SENATE~No. 45. 17 the maintenance of good order and the enrorcement of the laws, in a country where nothing bi.t a naked clain* can be said to exist upon the part of the British Government. It demands of Maine that she si iiild divest herself of a jurisdiction practically established and asccrtiiined, and transfer it to Great Britain. It demands of tiie United Stales that an arrangement, alleged to have been made between the two Govern- ments, of the existence of which the United States are unconscious, should be summarily carried out, according to the construction wiiich one of the parties is said to have placed upon it, and without giving to the other party an opportunity to contest such construction. It is dif- ficult, in the opinion of the Committee, to believe that the Government of Great Britain maintains such an interpretation of that arrangement, and thus converts whfit was intended for the preservation of friendly feelings into a source of gre.it and instant discord. But the a.«sertion of the Lieutenant Governor of New Br uiswick ha? been twice offi- cially, deliberately, and publicly made, that he is acting under tlic in- structions of his Government; a fact of which he and his Government can be the only judges. The execution of these orders is incompati- ble with the honor of the United States. The Executive branch of the Government has expressed this opinion, and in this opinion the Com- mittee fully conci^r. The sudden execution of these orders mny bring on a crisis for which as much preparation ought to be made as the short time remaining of the present session of Congress will permit ; and the bill which is herewith submitted is intended to accomplish that purpose. The Committee refer with much pleasure to the efforts which have been made by tlie British Minister at Washington, evidenced by the memorandum of a coi.ference between him and the Secretary of the State, to avert the events which seem to be approaching. If the Lieu- tenant Governor of New Brunswick shall desist from any attempt to take or hold military possession of the whole of the disputed territory, it will be easy to restore things to their former condition. If he shall determine to suspend further movements until the decision of the Brit- ish Government be known, it will he for that Government to s;\v what shall be the political relations between the United States and Great Britain; whether the friendship which now so happily prevails be- tween the two nations, for the preservation of which the essential in- terests of both loudly call, shall be suddenly and rudely broken by assuming a principle as a ground of action to which the United States cannot submit. 3 ■ t 18 NORTH EASTERN BOUNDARY. [March, I" The Commit'ce cannot but entertian the hope that no precipitate counsels on the part of the Lieutenant Governor of New Brunswick will deprive the Government of Great firitain of an opportunity of ex- plaining, before any more serious difficulties shall have occurred, or- ders which he is believed to have misunderstood. In this event, all immediate difficulties will disappear. The insuperable objection to the military occupntion of the di^iputed territory by Great Britain, re- quires, in common fairness, that no attempt of the kind should be made by Maine or the United States. Having accomplished her in- tention of driving off or arresting the trespassers upon the Aroostook, and thus enforcing her laws, Maine will, it is nut to be doubted, be satisfied with this vindication of her sovereignty, and withdraw the military force which is now in arms to sustain the civil authority and rcpd invasion. A conteinpornneous cessation of measures by Maine and New Brunswick will cotiipromit the honor of neither; and time will be thus afforded for the British Government to select the position which it intends to occupy in the relations between it and the United States. If any motive were necessary to induce Maine to adopt a course so manifestly proper, it would be found in the prompt response of the Executive of the United States to the appeal made to it at the present crisis, and the jealous sensibility which has been manifested for the protection of her rights, by spreading over them the ample powers of the Federal Union. The Committee ought, perhaps, here to close ihis report. But the anxiety which they feel that no measure should be left uncn)ployed to preserve peace between the United States and Great Britain, by remov- ing, not only temporarily but permanently, the causes of discontent between them, induces them to offer another recommendation to the House. It is, the expression of an opinion by the House, sustained by a legislative provision, that a special embassy should be sent to England, for the purpose of co-operating with the resident minister there, in endeavoring to adjust this long pending controversy. The precedents for this measure in our history are numerous and en- couraging. The object of such an embassy is, to express a deep conviction on the part of the Government of the extreme urgency of the case, and the absolute necessity of adjusting existing difficulties. The ordinary forms of negotiation appear insufficient to rouse the British Govern- meat to the danger that the two nations may find themselves involved 11 rcli, 1839.] SENATE— No. 45. tt in war, notwithstanding the desire of tlic Governments of both to avoid it; and the step proposed would manifest to the world, at nil events, that the United States are sincerely anxious to exert every means in their power to maintain the most amicable relations with a guvcrnment and people, so eminently entitled to the respect and regard of every civilized nation on the globe. The Committee are conscious that some of the provisions of the bill heiewith repoited, would more properly have emanated Hoin some of the other Committees of the Hdusc, upon whose jurisdiction llicy ore reluctant to encroach; but the few diiys which roniain of this session would not have permitted any delay, with a view of referring these subjects to other Committees, with the slijrhtest hope of obtaiii- ii; : any action on the part of the House. Tliey sulimit the wl.oie matter, therefore, as the lesnlt of their anxious reflections, to the better judgment of the House. The following bill was also reported from the Committee on Foreign Relations : A BITX Giving to the President of the United Stites additional powers for the defence of the United States in cases, against invasion, and for other purposes. Be it cnar.terf by the. Senate and the Ifousc of Rvprcfrntritivis cf the. United Statcx of America in Congress assemhlaf, That the President of the United Slates be, and he hereby is, authorized to resist any attempt on the part of Great Britain to enforce, by arms her cinim to exclusive jurisdiction over that p:»rt of the State of Maine, which is in dispute between (he United States and Greit Britain ; and, for thiil purpo.se, to employ the naval and military forces of the United States and such portions of the militia as he may deem it advisable to call into service. Sec. 2. And be it further enacted, That in the event of actual invasion of the territory of the United States by any foreign Power, or of imminent danger of such invasion discovered, in his opinion, to ex- ist, before Congress can be convened to act upon the subject, the President of the United States be, and he hereby is, authorized, in ad- ditioD to the present military establisbment of the United States, to F 20 NORTH EASTERN BOUNDARY: [March, raise a provisional force, to be enlisted for five years, or during the coiiliimince of hostilities with any foreign Power, not exceeding one legimoiit of dragoons, one regiment of artillery, two regiments of rifle- nici), and sixteen regiments of infantry, to be organized, in all re- spects, like the corresponding regiments now in service; and, also, to a|>poliit not exceeding one major general, four brigadier generals, and not exceeding one surgeon and one assistant surgeon for each new regiment; the regiments, general, and medical officers to be subject to the same laws and rules, and to be entitled to the same benefits, of every kind, with the like corps and officers now in service ; and it shall be the duty of the President to discharge the troops which may be raise:! by virtue of this act whenever the occasion for them, as defined by this act, shall cease to exist. Sr.c. 3. Antl be it further rnartrd, That, in the event of either of the contingencies provided in the first section of this act, the President of tlie United States shall be authorized to complete the public armed vessels now authorized by law, and to equip, man, and employ, in ac- tual service, all the naval force of the United States. Sue. 4. And be it further (uuctetl. That the sum of millions of dollars is hereby appropriated and placed at his disposal for the pur- pose of executing the provisions of this act; to provide for which the Secretary of the Treasury is authorized to borrow money on the credit of the United States, and to cause to be issued certificates of stock, signed by the Register of the Treasury, for the sum to be borrowed, or any part thereof; and the same to be sold upon the best terms that may be offered, after public notice for proposals for the same: Pro- vidf.fl, That no engagement or contract shall be entered into which shall preclude the United States from reimbursing any sum or sums thus borrowed after the expiration of five years from the first of Jan- uary next ; and that the rate of interest shall not e.\ceed five per cent, pr.yable semi-annually. Sec. 5. And be it further enacted, That the sum of eighteen thousand dollars be, and the same is hereby appropriated, out of any money in the Treasury, not otherwise appropriated, for outfit and sal- ary of a special minister to Great Britain : Provided, The President of the United States shall deem it expedient to appoint the same. The Bill and Report were referred to the Committee of the whole on the state of the Union, and made the special order of the day for Friday at eleven o'clock. I. I I 1839.] SEPi^TE— No. 45. Washington, Feb. 27, 1839. To the House of Riprcsentativcs of the United States : I transmit to Congress copies of various otlicr documents received from the Governor of Maine, relating to the dispute between tliat State and tiic province of New Brunswick, which formed the subject of my Message on the Qfith inst. and also a copy of a memorandum signed by the Secretary of State of the United States and Her Britannic Ma- jesty's Envoy Extraordinary and Minister Plenipotentiary near the United States, of the terms upon which it is believed all collision can be avoided on the frontier, consistently with, and respecting the claims on cither side. As the British Minister acts without specific authority from his Government, it will be observed, that this memorandum has but the force of recommendation on the Provincial authorities and on the Government of the State. M. VAN BUREN. MEMORANDUM. Her Majesty's authorities consider it to have been understood and agreed upon by the two Governments that the territory in dispute be- tween Great Britain and the United States, on the North eastern fron- tier, should remain exclusively under British jurisdiction until the final settlement of the boundary question. The United States Government have not understood the above agreement in the same sense, but consider, on the contrary, that there has been no agreement whatever for the exercise, by Great Britain, of exclusive jurisdiction over the disputed territory, or any portion there- of, but a mutual understanding that, pending the negotiation, the jur- isdiction then exercised by either party, over small portions of the territory in dispute, should not be enlarged, but be continued merely for the preservation of local tranquillity and the public property, both forbearing as far as practicable to exert any authority, and, when any should be exercised by either, placing upoo the conduct of each the most favorable coastruction. ii; Ni i! i 22 NORTH EASTERN BOUNDARY. [March, t 'i" i i A complete understanding upon the question, thus placed nt issue, of present jurisdiction, can only be arrived at by friendly discussion between the Governments of the United States and Great Britain ; and, as it is confidently hoped that there will be an early settlement of the question, this subordinate point of distinction can be of but little mo- ment. In the mean time the Governor of the Province of New Brunswick and the Government of the Slate of Maine W'll act as follows : Her Mnjesty's officers will not seek to expel by mn. iry force the armed party which has been sent by Maine into tiie distric' bordering on (he Aroostook river; but the Government of Maine will voluntarily, and without needless delay, withdraw beyond the bounds of the disputed territory any armed force now within them ; and, if future necessity should arise for dispersing notorious trespassers, or protecting public pioperty from depredation by armed force, the operation shall be con- ducted by concert, jointly or separately, according to agreements be- tween the Governments of Maine and New Brunswick. The civil officers in the service, respectively, of New Brunswick and Maine, who huvc been taken into custody by the opposite parties, shall be released. Nothing in this memorandum shall be construed to fortify or to weaken in any respect whatever, the claim of either party to the ulti- mate possession of the disputed territory. The Minister Plenipotentiary of Her Britannic Majesty having no spcciftc authority to make any arrangement on the subject, the under- signed can only recommend, as they now earnestly do, to the Govern- ments of New Brunswick and Maine, to regulate their future proceed- ings according to the terms hereinbefore set forth, until the final set- tlement of the territorial dispute, or until the Governments of the United States and Great Britain shall come to some definite conclu- sion on the subordinate point upon which they are now at issue. JOHN FORSYTH, Secretary of State of the Unittd States of North America. H. S. FOX, //. B. M. Envoy Extraordinary and Minister Plenipo- tentiary. Washinoton, Feb. 27, 1839. 1839.] SENATE— No. 45. 31 IN SENATE OF THE UNITED STATES. July 4, 1H38. Submilled, ond ordered to bo priiilcd, nnd ilmt 20,000 additional copies bo furniilied for iho uio o' ihe SLMiitio Mr. Buchanan submitted the following REPORT: The Committee on Foreign Relations, to which teas referred the "hill to provide fur surveying the north eastern boundary line of the United Stales, according to the provisions of the treaty of peace of scvtntecn hundred and eighty-three," have had the same under consideration, and niiw report : Thit the first sestion of this bill directs " the President of the United States to cause the boundary line between the United States and the adjncent British provinces, from the source of the St. Croix river direct- ly north to the highlands which divide the waters that fall into the At- lantic ocean from those which fall into the river St. Lawrence, thence along said highlands from the northwest angle of Nova Scotia to the norihwesternmost head of Connecticut river, as particularly defined in the treaty of peace concluded at Paris the third day of September, 1783, to be accurately surveyed and marked, and suitable monuments to be erected thereon, at such points as may be deemed necessary and im- portant." The second section provides for the appointment of a commissioner and surveyor by the President, by and with the advice and consent of the Senate, " who may employ such assistants, under the direction of the President, as shall be necessary, and who shall make an exact return of their proceedings to the President, with a correct map of the country over which said line passes, exhibiting the prominent points of its topography and the location of the marks and monuments by them made and erected." The third and last section merely provides for the conpensation of he commissioner and surveyor. 24 l|i NORTH EASTERN BOUNDARY. [March, '^ \l ',1 This bill, then, proposes that Congress shall create a commission, independently of Great Britain, to run and mark the northeastern boundary of the United States, conterminous with that of New Bruns- wick and Cannda, provinces of the British empire. It asks no previous consent from Great Britain ; it does not require that Great Britain should become a party to the survey ; and yet that country has a com- mon interest with the United States in the correct establishment of this boundary, according to the treaty. It would be premature and inex- pedient, the Committee believe, to resort to such a course of separate action towards a neighboring and friendly power, between which and the United State- there is a reciprocal desire to maintain the most friendly relations, until every other means of amicably adjusting the dis- pute shall be exhausted. Before the committee could reccommend the adoption of such a measure to the Senate, they ought to be satisfied, beyond a reasonable doubt, first, that the United States have a clear title to the disputed territory which would be embraced within their limits by the proposed survey ; and, secondly, that no other and more friendly expedient remains untried of bringing this long pending con- troversy to a conclusion. The committee will, therefore, proceed to consider the question under this two-fold aspect. And, first, in regard to our title. This title depends altogether upon the correct construction of the definitive treaty of peace between the United States and his Britannic Majesty, concluded at Paris on the third day of September, one thous- and seven hundred and eighty-three. By the first article of this treaty, '• his Britannic Majesty acknowl- edges the said United States, viz : New Hampshire, Massachusetts Bay, Rhode Isand and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Geoigia, to be free, sovereign, and independent States; that he treats with them as such; and, for himself, his heirs, and successors, relinquishes all claims to the Government, propriety, and territorial rights of the same, and every part thereof" The United States had declared their independence almost seven years previous to the date of the treaty. They had maintained this declaration before the world ; and the treaty is not only a solemn recog- nition of that independence by Great Britain, but an express acknowl- edgment that she treated with them as free, sovereign, and independent States. We were equals treating with an equal. Great Britain was not a superior assigning territory to an inferior. No superiority wa m^ 1839.] SENATE— No. 46. w claimed on the one side, or would hnve been acknowledged on the other. Great Britain then claimed no such prerogative as she now asserts, of assigning an appropriate boundary to the United States, as a new power, formerly under her dominion. The treaty must, there fore, be construed as a solemn agreement entered into by one sovereign and independent nation with another, equally sovereign and independ- ent. It was not necessary expressly to have prescribed the limits of the United States by the treaty. At its date, the boundaries of each of the thirteen States were well known. The first article acknowledged each of them to be sovereign and independent, and relinquished " all claim on the part of the British King to the Government, propriety, and territorial rights of the same, and every part thereof;" and this would have been sufficient. The commissioners who framed the treaty were, however, not content with such a general recognition. Its second article proves their desire to prescribe the limits of our boundary in a manner so precise and specific, as forever to prevent all disputes upon the subject. This sec- ond article is as follows : Art. 2. " And that all disputes which might arise in future, on the subject of the boundaries of the said United Slates, may be prevented, it is hereby agreed and declared, that the following are, and shall be, their boundaries, viz : from the northwest angle of Nova Scotia, viz : that angle which is formed by a line drawn due north from the source of St. Croix river to the highlands; along the said highlands which di- vide those rivers that empty themselves into the river St. Lawrence from those which fall into the Atlantic ocean, to the northwesternmost head of Connecticut river," &c. It is unnecessary, here, to repeat any more of the treaty description. In every delineation of territory, the all-important point is to fix the place of beginning with the greatest possible precision and certainty. To prevent all dispute thereafter, this was done by the commissioners. " The northwest angle of Nova Scotia" was a well known point. This can be clearly established by ihe most authentic ofiicial documents, which, it will conclusively appear, from the highest intrinsic evidence, were before the commissioners at the time they formed the treaty. It is true that this point had never been fixed by actual survey, nor had it been marked by the erection of any monument ; but that it could be found upon the ground at the intersection of two clearly defined lines was a mathematical truth, susceptible of demonstration. This north- 4i , 36 NORTH EASTERN BOUNDARY. [Marcb^ west angle of Nova Scotia, which was notorious, although the very spot had not been ascertained, was fixed upon as the place of beginning of our boundary, in order to prevent all future disputes ; and yet, strange as it may appear, this is the very point now contested by the British Government. Whether with any good reasoi, it will be the task of the committee to inquire. It is agreed by both parties that the map, called Mitchell's map, a copy of which is annexed to this report, was the one used by the com- missioners at the formation of the treaty. It was published in 1755, and bears upon its face an official stamp ; having been undertaken with the approbation and at the request of the Lords Commissioners for Trade and Plantations. Whoever may inspect this map will, at once, perceive the natural formation of that region. The river St. Lawrence runs from the southwest towards the northeast ; whilst numorous tribu- taries rising in the highlands to the south of it, and, passing north through its valley, empty themselves into the main stream. These tributaries are all necessarily short; because tne highlands from which they flow run at no great distance from the river, and in a parallel di- rection to it, throughout its whole course. From these highlands, on the south, proceed the head waters of the Connecticut, the Androscog' gin, the Kennebeck, the Penobscot, the St. John, and the Ristigouche*- all flowing into the Atlantic ocean, through different bays. And here it may be observed, that there is not a single stream, which rises on the south side of these highlands, throughout this whole region, which does not flrst empty itself into some Atlantic bay ; not one of them flows directly into the main ocean. Such is the natural formation : Highlands running in a parallel direction with the St. Lawrence, and dividing the streams which fall inlo that river on the north, from those which seek the Atlantic ocean in the south. In 1755, when Mitchell's map was published, the British possessions in North America did not extend north of the St. Lawrence. At that period, it will appear from the map that the northwest angle of Nova Scotia was to be found on the St. LaWi'ence, at the point intersected by the line running due north from the source of the St. Croix. This north line is distinctly marked upon the map. On the west of it, the words " New England" are printed in large letters, and on the east " Nova Scotia." If this map were, alone, to be the guide, and if the place of begin- ning of our boundary, mentioned in the treaty, had been simply " the northwest angle oi Nova Scotia," without further qualitication, the State of Maine would have extended to the St. Lawrence. In what 1839.] SENATE— No. 45. 27 manner was this northwest angle of Nova Scotia brought as far south as the highlands separating the streams wliich flow in opposite direc- tions to the St. Lawrence and to the Atlantic? In February, 17(53, dary are more precisely fixed by the act of Parliament than by the proclamation. This act makes the southern point of the line com- mence on the eastern bank of the river Connecticut, in latitude forty- five, and terminate at the Bay of Chaleurs. Its extremities are two well known natural objects. This bay is in latitude about forty-eight. The act of Parliament seems to have been prepared with great delib- eration. It was intended to fix the boundaries between vast provinces of the same empire ; and no act of legislation demands greater care and attention. The Bay of Chaleurs on the north, in latitude forty- eight, and a portion on the Connecticut, in latitude forty-five at the south, were to be the two extremities ; and the intermediate line was to pass along the highlands running between these two points, which divide the rivers that empty themselves into the St. Lawrence on the one aide, from those falling into the sea upon the other. Aftsr thii 1839.] SENATE— No. 45. m act of Parliament, is it possible to conceive of a more extraordinary pretension, than it would have been in the Government of Quebec to have claimed jurisdiction, not only to these dividing highlands whence streams flow into the St. Lawrence, but a hundred miles south and east of them, embracing a region of country watered by a large river, the St. John, and its numerous tributaries flowing into the sea? Such a claim would have broken down the barriers between these provinces, erected with so much care by the act of Parliament, and made rivers running north into the St. Lawrence, mean the same thing as rivers running south into the ocean. And yet the present attempt of the British Government to make Mars hill the northwest angle of Nova Scotia rests upon no other or better principle, as will be shown here- after. The commissions of the different Governors of Quebec, in describ- ing the boundaries of their jurisdiction, followed the language of the proclamation of 1763, until after the passage of the act of Parliament in 1774. The first commission which subsequently issued was to Guy Carlton, Esq., in the same year, and it adopts t\e language of that .ict. The southern limits of his jurisdiction are described in its language " to be a line from the bay of Chaleurs, along the highlands which di- vide the rivers that empty themselves into the river St. Lawrence from those which fall into the sea, to a point in forty-five degrees of north- ern latitude, on the eastern bank of the river Connecticut." TI^us this province had for its southern boundary highlands dividing streams running in opposite directions between a bay, and a fixed point on a river. Was ever boundary better defined 1 ■ It would be a waste of time to recite the numerous commissions which have issued to the Governors of Quebec, of Nova Scotia, and, after this province was divided, in 1784, of New Brunswick ; all speak- ing the same language. The western limit of Nova Scotia, and after- wards of New Brunswick, is uniformly described to run from that point where a line drawn due north from the source of the river St. Croix would intersect the southern boundary of Quebec, and from thence " to the northward by the said boundary as far as the western extrem- ity of the Bay des Chaleurs." These commissions place the natural construction upon one expression, which, in the act of Parliament, at first view, might appear vague. In it the Bay of Chaleurs is mentioned generally, without a special reference to any particular part of it, though from the whole context the evident meaning was, the western extremity of that bay. The commissions to the Governors of Nova •K 30 NORTH EASTERN BOUNDARY. [March Scotia, and afterwards New Brunswick, render this certain, by speci- fying " the western extremity of the Bay des Chaleurs." Enough has already been shown to fix with precision what was the aclinowledged southern boundary of the province of Quebec, at the date of the treaty in 1783, and what it has remained ever since. It was then clearly known to have been a line from the western extrem- ity of the Bay of Chaleurs, to a point on the eastern bank of the Con- necticut, in latitude forty-five, and running along the highlands divid- ing the tributaries of the St. Lawrence, from the sources of streams flowing into the sea. Where, then, was the northwest angle of Nova Scotia, known to be at the date of the treaty ? Without going back to the creation of this province, in 1621, by James the First, which the committee deem unnecessary, though it would add strength to the argument, they will content themselves with a reference to the first commission which was issued to the Governor of Nova Scotia, after the date of the proclamation of 1763. Before the proclamation, this province, as well as New England, had ex- tended north to the St. Lawrence. After its date, it was necessary to make the commissions of the Governors correspond with the extension of the province of Quebec south of that river. Accordingly, the royal commission to Montague Wilmot, Esq. bearing date oa the 2 1st No- vember, 1763, limits and restrains the province of Nova Scotia, thus : *' To the northward our said province shall be bounded by the southern boundary of our province oj Quebec as far as the western extremity of the Bay des Chaleurs ; " and again, to the westward " it shall be bounded 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 draion due north from thence to the southern boundary of our colony of Quebec," The next commission, which issued to Lord William Campbell on the 11th August, 1765, changes this description only by commencing with the western instead of the northern line, thus : " 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 thence to the southern boundary of our colony of Quebec, to the northward by the said boundary as far as the western extremity of the Bay des Chaleurs." In every commission which has issued since to all the Governors of Nova Scotia, and afterwards of New Bruns- wick, the same identical language has been used. On the 29th day of July, 1782, but four months previous to the conclusion of the proris- 1839.] SENATE— No. 45. 31 ional treaty of peace with Great Britain, the commission granted to Governor Parr, describes the limits of Nova Scotia in precisely the same manner. And here it may be proper to observe, that the St. Croix has since been ascertained by a joint commission of the two Governments, and a monument has been erected at its source. W«;re not, then, the commissioners who framed the treaty fully jus- tified in the conviction, that when they established the point of begin- ning of the boundaries between the United States and Great Britain, at " the northwest angle of Nova Scotia," they were fixing it at a point long known and well established? To render assurance doubly certain, however, they describe where it is, in the very language which had been uniformly used by the British Government in proclamations, in acts of Parliament, and in numerous commissions to the Governors of Quebec and Nova Scotia. " The northwest angle of Nova Scotia," says the treaty, " is that angle which is formed by a line drawn due north from the source of St. Croix river to the highlands." To what highlands 1 The treaty answers, " the highlands which divide those rivers that empty themselves into the river St. Lawrence, from those which fall into the Atlantic ocean." The northwest angle of Nova Scotia, then, is to be found in these highlands, at the point where the dividing due north line between New England and Nova Scotia, which commences at the source of the St. Croix, meets the southern bounda- ry of the province of Quebec. The act of Parliament of 1774, was doubtless before the commissioners. They use its very language in the treaty. " Along the highlands which divide the rivers that empty themselves into the river St. Lawrence, from those which fall into the sea." The only change of this language in the treaty is, that " the Atlantic ocean," is substituted for "the sea." Both are evidently intended to convey the same meaning. The so'icitude of the commis- sioners to preserve this highland boundary throughout between the two nations is manifest. Under the act of Parliament, the southern extremity of this line is described to be " a point in forty-five degrees of northern latitude, on the eastern bank of the river Connecticut." In the treaty it is " the northwesternmost head of Connecticut river," From thence the treaty line runs " down along the middle of that river, to the forty-fifth degree of north latitude." Thus the British Government surrendered that small portion of the province of Quebec between the northwestermost head of Connecticut river and the forty-fifth degree of north latitude, in order to have a continuous highland boundary from the northwest angle of Nova 33 NORTH EASTERN BOUNDARY. March, Scotia, to the source of the northwesternmost head of the Connecticut. To accomplish this object, a pari of what had been taken from New England, when the province of Quebec was established, in 1763, has been restored by the treaty. The great purpose was, that the entire line should consist of the highlands "which," in the language of the treaty nnd the act of Parliament, " divide those rivers that empty themselves into the river St. Lawrence, from those which fall into the sea" or " the Atlantic ocean." The committee will now proceed to show what was the construction placed upon this treaty fifteen years after its ratification, by solemn oiHcial declarations of high and responsible agents of the British Gov- ernment. To render it more manifest that these declarations are wholly in- consistent with the present claim of Great Britain, it will be necessary first to show precisely the extent of that claim. It comprehends all that portion of the State of Maine which lies north of the red line marked upon the map No. 2, annexed to this report, and embraces about one-third of its whole territory. This red line leaves the due north line from the source of the St. Croix, at the distance of forty miles from the monument there erected, and one hundred miles south of the north-west angle of Nova Scotia, marked A ; and thence passes to the westward, not along highlands which divide the rivers that empty themselves into the St. Lawrence from those which fall into the Atlantic ocean, according to the terms of the treaty, but along high- lands dividing the rivers which flow into the St. John from those which fall into the Atlantic. These highlands are far south of the St John ; and if the British claim could be established, the whole of that river, from its source to its mouth, with all its branches, would be within British territory. Now, if it can be demonstrated that agents of high character, acting under the express authority of the British Government, several years after the date of the treaty, have expressly admitted, in their official arguments and correspondence, that this north line from the source of the St. Croix, not only crosses the St. John, but runs as far north as the streams emptying into the Bay of Chaleurs, what ought to be thought of this recent pretension ? A short time after the conclusion of the treaty a question arose be- tween the two Governments what river was intended by the St. Croix of the treaty. In order to dcteinine this question, commissioners were appointed under the fifth article of the treaty of November, 1794, commonly called Jay's treaty. Ward Chipman, Esq., the agent of the 1839.] SENATE— No. 45. British Government, contended that the true source of the St. Croix was at the head of the Scoudiac lakes, at the point marked W on the second map. Iti his argument in 1797, to establish this position, and to deluat the position taken by the United States, he expressly admits that "this north line [from the source of the St Croix to the treaty highlands] must of necessity cross the river St. John." Ad- mitting this fact, his leading purpose seems to have been to remove this line as far west as he could, so that it might cross the St. John at ns great a distance from its mouth as possible, and thus embrace as much of its course as was attainable within British territory. In prosecuting his argument, he says, '* but if a north line is traced from the source of the Cheputnatecook, (as insisted upon by the United States,) it will not unlif iross the river St. John, within about ffty miles from Fredericfon, the metropolis of New Brunswick, but will cut off the sources of the rivers which fall into the Buy of Chahurs, if not of many others, probably the Mirramichi among them, which fall in the Guff of St. Lawrence." Thus it appears that, in 1797, the British Government had never thought of contending that the highlands of the treaty were to be found south of the St. John, or even south of the sources of the streams which empty into the Bay of Chaleurs. Robert Listen, Esq., at the timeof these proceedings, was his B;'itan- nic Majesty's minister to the United States. He was consulted by Mr. Chipman on the propriety of acceding to a proposition made to him by the agent of the United States This proposition need not be stated. Mr. Liston in his reply, dated at Providence, on the 2:3d Oc- tober, 1798, advises Mr. Chipman to accede to the proposition, be- cause " it would give an addition of territory to the province of New Brunswick, together with a greater extent of navigation on St. John's river." The British Government now claim the whole river, and all its tributaries, from its source to its mouth. The Committee might here enumerate, if they deemed it necessary, the numerous map.s of this region which were published in England, between the proclamation of 1763 and the treaty of 1783, and subse- quently until after the treaty of Ghent in 1614, embracing a period of more than half a century ; in all of which, without a single exception known to the Committee, the western line of the province of Nova Scotia, afterwards New Brunswick, crosses the river St. John, and the northwestern angle of Nova Scotia is placed north of that river. Previous to the treaty of Ghent, the British Government had become convinced of the great importance of having a direct commuQication, •I NORTH EASTERN BOUNDARY. [March^ f * .. I within their own territory, between their provinces of Nova Scotia nnd New Briinswicli, niul the city ofQiiebcc. It will be seen I'rom nii innpec- tion of the mnp Nd. "2, ilj;it the tcrrilDry of the State of Miiiiic, now in cli!y believe suc- cessfully, lo prove that the northwest angle of Nova Scoii.- was a well- known point, capable of being easily ascertained, ever since the pro» clamation of 1703, by simply running a due north line from the source of the St. Croix, to intersect the southern line of the province of Que- bec, which consists of the highlands running from the western extrem- ity of the Bay of Chaleurs to the head of Connecticut river, and divid- ing those rivers that empty themselves into the river St. Lawrence, from those which fall into the Atlantic ocean. It is certain as the laws of natuie, that these highlands, from which wfe know that streams do flow in opposite directions, can be found on the face of the country. In support of the first proposition, the Government of Great Britain contends that, as the eastern boundary of the United States runs " by a line to be drawn along the middle of the river St. Croix, from its mouth in the Bay of Fundi/ , to its source;" and as the St. John, though nowhere mentioned in the treaty, has its mouth also im the Bay of Fundi/, that, therefore, the St. John is not a river which falls into the Atlantic ocean, according to the description of the treaty. They assert, therefore, that, in looking fur the highlands of the treaty, you must search for highlands south of the St. John. This brings them far south to Mars hill ; and from thence, westwardly. along the high- lands, marked in map No. 2, to the western boundary of the State of Maine, where they first reach the highlands which, as they contend, " divide those rivers that empty themselves into the river St. Lawrence, from those which fall into the Atlantic ocean." The whole argument of the British Government, it will be perceived, rests upon the assump- tion that the St. Jolin is not a river falling into the Atlantic ocean ; because it has its moulh in the Bay of Fundy. S8 NORTH EASTERN BOUNDARY. [March, Now, what are the objections to this extraordinary pretension, as the committee are constrained to cnll it ? And, first, what is the Bay of Fundy, if it be not a part of the At- lantic ocean ? A bay is a mere opening of the main ocean into the land — a mere interiuption of the uniformity of the seacoast by an in- dentiition of water. These portions of the ocean have received the name of bays, solely to distinguish them from the remainder of the vast deep, to which they belong. Would it not be the merest special pleading to contend that the Bay of Naples was not a portion of the Mediterranean, or that the Bay of Biscay was not a part of the Atlan- tic ocean ? ^gain: the description of the treaty is, "rivers which fall into the Atlantic ocean." Can it be said, with any propriety, that a river does not fiill into the Atlantic, because, in reaching the muin ocean, it may pass through a bay? And yet this is the British argument. The Delaware does not fall into the Atlantic, because it flows into it through the Bay of Delaware ; and, for the same reason, the Sf. John does not fall into the Atlantic, because it flows into it through the Bay of Fundy. The committee know not how to give a serious answer to such an argument. The bare statement of it is its best refutation. But, like all such arguments, it proves too much. If it be correct, this portion of the treaty of 1783 is rendered absurd and suicidal ; and the wise and distinguished statesmen, by whom it was framed, must be condemned by posterity, for afhxing their names to an instrument, in this pa'i-ticuiar, at least, absolutely void. Although they believed they would prevent " all disputes which might arise, in future, on the subject of the boundaries of the United States," by fixing their commence- ment at " the northwest angle of Nova Scotia," and running from thence along •' the highlands which divide those rivers which empty themselves into the river St. Lawrence, from those which fail into the Atlantic ocean," yet it is absolutely certain, that there was not a single river in that whole region of country which, according to the British construction, did fall into the Atlantic ocean. They all fall into bays, without one exception. Neither can we plead ignorance as an excuse for these commissioners; because it is fully iit proof, that they had Mitcliell's map before tliem, from which the fact cle.irly appears. The Ristigouche docs not fall into the Atlantic, because it has its month in the Biy of Chaleurs ; nor does the Penobscct because its mouth is in the Bay of Penobscot ; nor do the Kenneheck and Androscoggin, be- cause, after their junction, they fall into the Bay of Sagadahock. The 1839.] SENATE— No. 45. same is true, even of the Connecticut, because it empties itself into liOnw Island soiiti'l. All tlie rivers in Ui.it region are in ihe same con- diiioii With the 1st .I(;lni. 'J'liu> it jippciirs, if the IJiiiisli aririiinent Le well fiiunded, ihiil the cominissioiiers isave coticliided a ire iiy, and de- scribed liiglilands, wli^nce streams proceed falling into the Atlantic, as a portion of the boundaiy of the United States, when, from the very face of the map before them, it is apparent no such streams exist. There is another objection to the British claim, which is conclusive. Wherever the highlands of the treaty exist, they must be higidands from which on the north side streams proceed falling into the St. Law- rence. This portion of the description is as essential as that from their south side streams should issue falling into the Atlantic. Now the British claim abandons the former part of the description altogeth- er. Their line of highlands commencing at Mars hill is at least a hundred miles south of the higidands whence the tributaries of the St. Lawrence flow. Between these highlands and those claimed by the British- Government the broad VL.icy of the St. John spreads itself, watered by the river of that name, and th. streams which empty into it from the north and from the south. The two points on the western line of New Brunswick are distant from each other more than a hun- dred miles ; and when you arrive at the British highlands, you find that they divide the sources of the St John and the Penobscot, and not the sources of streams falling into the St. Lawrence and the At- lantic ocean, according to the description of the treaty. But, even suppose it were possible to prove that neither the St. John nor any other river in that region falls into the Atlantic ocean, would this fact essentially benefit the British Government? If this portion of the description should entirely fail, would it render the other portion void ? Certainly not. It might be said that the commissioners were mistaken as to where the streams emptied themselves which flowed from the southern side of the treaty highlands; as to tlu^ existence of these highlands, there could be no mistake. They are the boundary and the streams flowing from thom are mere matters of description. Can they be sufiiciently identified, independently of this mistake ? If ihey can, the question is settled. Now, fortunately on this subject, no doubt can exist. Two circumstances concur to identify them, about which it is not possible there can be a mistake. According to the act of Parliament of 1774, they constitute the southern line of the prov- ince of Quebec, between the western extremity of the Bay of Cha- leura, in latitude 4S, and the eastern bank of the Connecticut river, in V'.^'^.i.^i 40 NORTH EASTERN BOUNDARY. [March, latitude 45; and it is equally certain that from them, all along in regu- lar succession, stre;ims proceed fallinj into the St. Lawrence. A mis- take in one part of a description of boundary, has never been iield to vitiate the whole, provided sufficient remains clearly to designate the intention of the parties. But how is it possible ever to embrace Mars hill in the line of high- lands running from the western e.\tremity of the Bay of Chaleurs and forming the southern boundary of the province of Quebec ? It is clear that in this, and in this alone, the northwestern angle of Nova Scotia is to be found. Mars hill is one hundred miles directly south of this line. You cannot, by any possibility, embrace that hill in thia range ; unless you can prove that a hill in latitude 4G^ is part of a ridge directly north of it in latitude 48 ; and this, notwithstanding the whole valley of the St. John, from its southern to its northern extrem- ity, intervenes between the two. The thing is impossible. Mars hill can never be made, by any human ingenuity, the northwest angle of Nova Scotia. Particular emphasis has been placed by the British Government on the word " highlands," mentioned in the treaty; and comparisons have been made between the height of Mars hill and that of different parts of the highlands which divide the streams of the St. Lawrence from those of the Atl.mtic. Even in this they have failed ; because it has been shown that the summits of the more elevated portions of the treaty higlilands are considerably above that of Mars hill, the highest point on the ridge claimed by Great Britain. The committee, howev- er, deem such a question to be wholly immaterial. When highlands are spoken of as dividing waters flowing in different directions, the meaning is plain. From the very nature of things, they must exist and slope off in opposite directions; but whether they consist of table land, of mountains, or even of swamp, still if there be a height of land, from which streams flow down in different directions, this is suf- ficient. It is not their elevation, but »'.P"i capacity to divide, which gives them their character. It is strange that the mere incidental nici'.tion of the Bay of Fundy in the treaty, though not at all in connexion with the St. John, which is not even named, should have been the foundation of the whole superstructure of the British argument. The reason why it was men- tioned at all is obvious. It was palpably not for the purpose of creating a third class of rivers flowing into that bay, distinct from those flowing into the St. Lawrence and the Atlantic, as the British Government con- T 1839.] SENATE— No. 46. m tend ; but merely for the purpose of specifying with greater precision the commencement of the eastern boundary of the United States. Several rivers in that portion of the country had borne the name of St. Croix ; from the fa3t that the early French navigators, actuated by motives of piety, had planted a cross at their mouth when they were first discovered. Hence it was necessary, in specifying the beginning of our eastern boundary, to state that it was in the middle of that St. Croix which had its mouth in the Bay of Fundi/. Notwithstanding this description, it has been seen, that which was the true St. Croix, became a subject of dispute between the two Governments. Still both parties were prevented from claiming that any river which did not flow into that bay was the St. Croix of the treaty. The Bay of Fundy has been twice mentioned in the treaty. After starting at the northwest angle of Nova Scotia, and from thence sweep- ing i'ound the boundaries of the United States to this bay, it was ne- cecessary to fix as precisely as possible the point at which our eastern boundary commenced. This was essential for a double purpose. In the first place it was the extreme northern point from which a line was to be run due east twenty leagues into the ocean, according to the treaty ; within which space the United States were entitled to all the islands along their coast, except such as were within the limits of Nova Scotia ; and, in the second place, it was the point from which our eastern line was to commence, and to run to the northwest angle of Nova Scotia, Had the commissioners omitted to fix this point with as great preci- sion as they could, they would have been guilty of culpable neglect. Having done so, and having mentioned the Bay of Fundy as that part of the ocean in which the St. Croix has its mouth, the British Govern- ment have used it, not merely as it was intended, to mark the eastern boundary of the United States, but to render the whole treaty, so far as the northeastern boundary is concerned, absurd, uncertain, and void. Surely the commissioners never could have foreseen any such result, The language of this portion of the treaty is as follows : " East by a line to be drawn along the middle of the river St. Croix, from its mouth in the Bay of Fundy to its source, and from its source, directly north to the aforesaid highlands, which divide the rivers that fall into the Atlantic ocean from those which fall into the river St. Lawrence, comprehending all islands within twenty leagues of any part 6 if ..* ■ I 43 NORTH EASTERN BOUNDARY. [March, li- fl of the shores of the United States, and lying between lines to be drawn due east from the points where the aforesaid boundaries be- tween Nova Scotia on the one part, and East Florida on the other, shall respectively touch the Bay of Fundy and the Atlantic ocean ; excepting such islands as now are or heretofore have been within the limits of the said province of Nova Scotia." Upon the whole, the Committee do not entertain a doubt of the title of the United States to the whole of the disputed territory. They go further, and state that if the General Government be not both able and willing to protect the territory of each State inviolate, then it will have proved itself incapable of performing one of its first and highest duties. They feel an abiding reliance, however, in the inherent sense of justice of the British Government. As soon as that Government shall become convinced that the disputed territory belongs to the United States, which they persuade themselves will be the case at no distant day, impelled by a desire of preserving inviolate the faith of treaties, it will hasten to relinquish its pretensions. In that event, the Committee entertain not a doubt but that this long contested and dangerous question may I ^ settled to the mutual satisfaction of both Governments. The Committee will now proceed to make a very few observations on the second question proposed for discussion, which was. Does no other and more friendly expedient remain untried of bringing this long pending controversy to a conclusion, then the passage of the bill which has been referred to them by the Senate 1 They are most happy to be able to answer this question in the affirmative. Anxious as they are to cultivate, by every honorable means in their power, the most friendly relations with Great Britain, it affords them sincere pleasure, that the existing state of the negotiations between the two countries will justify them in forbearing to recommend the adoption of any measure on the subject by the Senate at its present session. Nego- tiation has not yet been exhausted. Although the Committee are firmly convinced that the title of the United States to the territory in dispute is clear and unquestionable ; although they acknowledge that the State of Maine has just reason to complain not only of the long and vexatious delay which has been experienced in settling this ques- tion, but of the assumption of actual jurisdiction by Great Britain over a p:)-tion of her territory, under circumstances well calculated in 1839.] SENATE— No. 45. 48 some instances at least, to excite her sensibility, yet, from the known justice of that power, they still entertain a confident hope that the pending negotiation may be productive of the most happy results. The important preliminaries of a convention between the two Governments, for the purpose of exploring and surveying the disputed lines of the treaty boundary have already been adjusted. In this state of the ques- tion, it seems to them not advisable to withdraw the subject from the Executive, to which it more properly belongs, and direct the bounda- ries to be surveyed, the lines to be marked, and monuments to be erected thereon, under the authority of Congress. In their opinion, therefore, the bill referred to them, " to provide for surveying the northeastern boundary line of the United States, according to the pro- visions of the treaty of peace of seventeen hundred and eighty-three," ought not to pass. Entertaining this view of the whole subject, the Committee unani- mously recommend to the Senate the adoption of the following resolu- tions : Resolved, That after a careful examination, and deliberate considera- tion of the whole controversy between the United States and Great Britain, relative to the northeastern boundary of the former, the Senate does not entertain a doubt of the entire practicability of run- ning and marking that boundary, in strict conformity with the stipula- tions of the definitive treaty of peace of seventeen hundred and eighty- three ; and it entertains a perfect conviction of the justice and validity of the title of the United States to the full extent of all the territory in dispute between the two powers. Resolved, further , That, considering that more than half a ceatury has elapsed since the conclusion of that treaty ; considering the ex- traordinary delay which has hitherto marked the negotiations and pro- ceedings of the Governments of the two countries in their endeavor amicably to settle the controversy; and considering the datjger of mutual irritation and collisions upon the borders of the kindred and friendly nations, from further procrastination, the Senate cannot forbear to express an earnest desire that the pending negotiation should be brought to a close, and the fiaal decision of the dispute made, as early as practicable. Resolved, That as it would be inexpedient for the United States to proceed, upon their separate authority, to survey and mark the north- m ' M NORTH EASTERN BOUNDARY. [March, eastern boundary, until all reasonable means of effecting that object by the consent and concurrence of both parties shall have been ex- hausted, the " bill to provide for surveying the northeastern boundary line of the United States, according to the provisions of the treaty of peace of seventeen hundred and eighty-three," ought not to pass, and it is, therefore, ordered that it be laid upon the table. ilM » • ■V ..i .; ;i I irch, bject I ex- idary ty of , and ..'■ '^^: M: