61sT Congress, [ CONFIDENTIAL. j Executive 'Sd Session. \ 1 B. MAY 2 5 1910 ' PUBLIC BOUNDARY LINE THROUGH PASSAMAQUODDY BAY. MESSAGE FROM THE PRESIDENT OF THE UNITED STATES, TRANSMITTING A TREATY BETWEEN THE UNITED STATES AND GREAT BRITAIN IN RELATION TO THE LOCATION OF THE BOUNDARY LINE BE- TWEEN THE UNITED STATES AND THE DOMINION OF CANADA, THROUGH PASSAMAQUODDY BAY, SIGNED AT WASHINGTON ON MAY 21, 1910. May 24, 1910. — Read; treaty read the first time and referred to the Committee on Foreign Relations, and, together with the message and accompanying papers, ordered to be printed in confidence for the use of the Senate. The Senate: With a view to receiving the advice and consent of the Senate to its ratification, I transmit herewith a treaty between the United States and Great Britain, signed at Washington on May 21, 1910, by which the location of the boundary line between the United States and the Dominion of Canada from a point between Treat Island and Friar Head, and extending through Passamaquoddy Bay to the middle of Grand Manan Channel, is fixed and defined without resort to the arbi- tration provided for in the treaty of April 11, 190S, between the United States and Great Britain. W^M. H. Taft. The White House, Washington, May ^^, 1910. The President: The undersigned, Secretary of State, has the honor to lay before the President, witTi a view to its transmission to the Senate to receive the advice and consent of that body to its ratification, a treaty between the United States and Great Britain, signed at Washington on May 21, 1910, by which the location of the boundary line between the United 2 BOUNDARY LINE THROUGH PASSAMAQUOUDY BAY.,^GZS States and the Dominion of Canada, from a point between Treat Island and Friar Head, and extending through Passamaquoddy Bay to the middle of Grand Manan Channel, is fixed and defined witho ut resor to the arbitration provided for in the treaty of April 11, 1908, between the United States and Great Britain. Respectfullj^ submitted. P. C. Knox. Department of State, Washington, Hay 23, 1910. 1 The United States of America and His Majesty the King of 2 the United Kingdom of Great Britain and Ireland and of the 3 British Dominions beyond the Seas, Emperor of India, being 4 equally desirous of fixing and defining the location of the inter- 5 national boundary line between the United States and the Domin- 6 ion of Canada in Passamaquoddy Bay and to the middle of 7 Grand Manan Channel, and of removing all causes of dispute 8 in connection therewith, have for that purpose resolved to con- 9 elude a Treaty, and to that end have appointed as their Pleni- 10 potentiaries: 11 The President of the United States of America, Philander C. 12 Knox, Secretary of State of the United States; and 13 His Britannic Majesty, the Right Honorable James Brvce, 14 O. M., his Ambassador Extraordinary and Plenipotentiary at 15 Washington; 16 Who, after having communicated to each other their respective 17 full powers, which were found to be in due and proper form, 18 have agreed to and concluded the following Articles: 19 Article I. 20 Whereas, by Article I of the Treaty of April 11 , 1908, between 21 the United States and Great Britain, it was agreed that Commis- 22 sioners should be appointed for the purpose of more accuratel}^ 23 defining and marking the international boundary line between the 24 United States and the Dominion of Canada in the waters of Passa- 25 maquodd}'' Ba}' from the mouth of the St. Croix River to the Bay 26 of Fundy, the description of the location of certain portions of 27 such line being set forth in the aforesaid Article, and it was 28 agreed wnth respect to the remaining portion of the line that 29 " each of the High Contracting Parties shall present to the other BOUNDAEY LINE THROUGH PASSAMAQUODDY BAY. 6 within six months after the ratitication of this Treaty a full 2 printed statement of the evidence, with certified copies of original 3 documents referred to therein which are in its possession, and 4 the arguments upon which it bases its contentions, with a view to 5 arriving at an adjustment of the location of this portion of the 6 line in accordance w^ith the true intent and meaning of the provi- 7 sions relating thereto of the treaties of 1783 and 1814 between the S United States and Great Britain, and the award of the Commis- 9 sioners appointed in that behalf under the Treaty of 1814; it 10 Iseing understood that any action by either or both Governments 11 or their representatives authorized in that behalf or b}^ the local 12 governments on either side of the line, whether prior or subse- 13 quent to such treaties and award, tending to aid in the interpre- 14 tation thereof, shall be taken into consideration in determining 15 their true intent and meaning;" 10 And it was further agreed that if such agreement was reached 17 between the Parties the Commissioners aforesaid should lay down 18 and mark this portion of the boundary in accordance therewith 19 and as provided in the said Article, but it was provided that in 20 the event of a failure to agree within a set period, the location of 21 such portion of the line should be determined by reference to 22 arbitration; 23 And Whereas, the time for reaching an agreement under the 24 provisions of the aforesaid Article expired before such agreement 25 was reached but the High Contracting Parties are nevertheless 26 desirous of arriving at an adjustment of the location of this por- 27 tion of the line by agreement without resort to arbitration, and 28 have already, pursuant to the provisions above quoted of Article 29 I of the Treaty aforesaid, presented each to the other a full 30 printed statement of the evidence and of the arguments upon 31 which the contentions of each are based, with a view to arriving 32 at an adjustment of the location of the portion of the line referred 83 to in accordance with the true intent and meaning of the pro- 34 visions relating thereto in the Treaties of 1783 and 1814 between 35 the United States and Great Britain and the award of the Com- 36 missioners appointed in that behalf under the Treaty of 1814; 37 Now, Therefore, upon the evidence and arguments so pre- 38 sented, and after taking into consideration all actions of the 4 BOUNDARY LINE THROUGH PASSAMAQUODDY BAY. 1 respective Governments and of their representatives authorized 2 in that belialf and of the local oovernments on either side of 3 the line, whether prior or subsequent to such treaties and award, 4 tending to aid in the interpretation thereof, the High Contract- 5 ing Parties hereby agree that the location of the international 6 boundarv line between the United States and the Dominion of 7 Canada from a point in Passamaquoddy Bay accurately defined 8 in the Treaty between the United States and Great Britain of 9 April 11, 19U8, as lying between Treat Island and Friar Head, 10 and extending thence through Passamaquoddy Bay and to the 11 middle of Grand Manan Channel, shall run in a series of seven 12 connected straight lines for the distances and in the directions 13 as follows: 14 Beginning at the aforesaid point lying between Treat Island 15 and Friar Head, thence IB (1) South 8^ 29' 57" West true, for a distance of 1152.6 meters; 17 thence 18 (2) South 8- 29' 34" East, 759.7 meters; thence 19 (3) South 23^ 56' 25" East, 1156.4 meters; thence 20 (4) South 0^- 23' 14" West, 1040.0 meters; thence 21 (5) South 28^ 04' 26" East, 1607.2 meters; thence 22 (6) South 81- 48' 45" East, 2616.8 meters to a point on the line 23 which runs approximately^ North 40^^ East true, and which joins 24 Sail Kock, off West Quoddy Head Light, and the southernmost 25 rock lying otf the southeastern point of the southern extremity 26 of Campobello Island; thence 27 (7) South 47^ East 5100 meters to the middle of Grand Manan 28 Channel. 29 The description of the last two portions of the line thus 30 defined, viz, those numbered (6) and (7), is intended to replace 31 the description of the lowest portion of the line, viz, that num- 32 bered (2), as defined in Article I of the Treaty of April 11, 1908. 33 Article II. 34 The location of the boundar}' line as defined in the foregoing 35 Article shall be laid down and marked b}^ the Commissioners 36 under Article I of the aforesaid Treaty of April 11, 1908, in 37 accordance with the provisions of such Article, and the line so 38 defined and laid down shall be taken and deemed to be the inter- BOUNDARY LINE THROUGH PASSAMACH' ODDY BAY. 5 1 national boundai;v extending- }>et\veen the points therein men- 2 tioned in Grand Manan Channel and Passaniaqnoddy Buy. 3 Article 111. 4 It is further agreed l)y the High Contracting Parties that on 5 either side of the hereinaliove described line southward from the 6 point of its intersection with a line drawn true north from Lubec 7 Channel Light, as at present established, either Party shall have 8 the right, upon two months' notice to the other, to improve and 9 extend the channel to such depth as mav by it be deemed desir- 10 able or necessar}', and to a width not exceeding one hundred and 11 fifteen (115) meters on eacli side of the boundaiy line, and from 12 such point of intersection northerly through Lubec Narrows to 13 the turning point in the boundary lying between Treat Island and 14 Friar Head, either Party shall have the right, upon two months' 15 notice to the other, to improve and deepen the present channel to 16 a width not exceeding sixtj'-tive (65) meters on each side of the IT boundary line and to such depth as may by it be deemed desirable 18 or necessar}"; it being understood, howevei", that each Party shall 19 also have the right to further widen and deepen the channel any- 20 where on its own side of the boundary. 21 Article IV. 22 This Treaty shall be ratified l\v the President of the United 23 States, by and with the advice and consent of the Senate thereof, 24 and by His Britannic Majesty; and the ratifications shall be 25 exchanged in Washington as soon as practicable. 26 In Faith Whereof, the respective Plenipotentiaries have 27 signed this Treaty in duplicate and have hereunto athxed their 28 seals. 29 Done at Washington the 21st day of May, in the year of our 30 Lord one thousand nine hundred and ten. P C Knox [seal] James Bryce [seal] o