E398 .IV139 H lUfif KHrilH!) UaiHl 111 KI U t/1 ) .7W lin LIBRARY OF CONGRESS DDDDS03Dfi33 ' -^.^^ ' \.,^^^ *- y 0°--. >. '5^-.* <.<^^ ' 0^' A '^bv STATE OF NEW- YORK, r/ : »^^ No. 215. IN ASSEMBLY, March 20, 1841. COMMUNICATION From the Governor, transmitting resolutions of the General Assembly of the State of Maryland in re- lation to the North-Eastern Boundary. [Referred to the committee on the judiciary.] EXECUTIVE CHAMBER, Albany, March 20, 1841. TO THE LEGISLATURE. I lay before the Legislature resolutions of the General Assembly of the State of Maryland, in relation to the North-Eastern Boundary, to- gether with a report of a select committee of that body on the subject. WILLIAM H. SEWARD. [Assembly, No. 215.] LETTER From the Governor of Maryland, transmiting a re- port and resolutions of the General Assembly of that State, in relation to resolutions of Maine, Indiana and Ohio, relative to the North-Eastern Boundary. Annapolis, March Ibth, 1841. SIR— In compliance with the request of the General Assembly of Ma- ryland, I transmit to you a copy of their report and resolutions in rela- tion to the North-Eastern Boundary. Your obedient servant, WM. GRASON. To his Excellency the Governor of Neio-York. [Mr. Howard, of Baltimore city, from a select committee, made the following report :] The select committee to which was referred the communication from the Governor, enclosing resolutions of the States of Maine, Ohio and Indiana, have had the same under consideration, and respectfully offer the following REPORT. The reolutions of the State of Maine are as follows : " Resolved, That the patriotic enthusiasm with which several of our sister States the past year tendered us their aid to repel a threa- tened foreign invasion, demand our grateful recollection, and whilst this spirit of self-sacrifice and self-devotion to the national honor pervades the Union, we can not doubt, that the integrity of our territory will be preserved. " Resolved, That the promptness and unanimity with which the last Congress, at the call of this State, placed at the disposal of the Presi- dent, the arms and treasures of the nation, for our defence, the firmness 4 [Assembly of the Executive in sustaining the action of this State and repelUng the charge of an infraction of the arrangement made with the British Lieu- tenant Ciovcrnor in March last, and charging back upon the British go- vernment the violation of that agreement — their decision in demanding the removal of the British troops now quartered upon the disputed ter- ritory as the only guaranty that they sincerely desire an amicable adjust- ment of the boundary question, aflbrd us confident assurance that this ►Slate will not be compelled single handed to take up arms m defence of our territory and the national honor, and that the crisis is near, when this question will be settled by the national government, cither by negotiation or by the ultimate resort. " Resolved, That unless the British government, during the present session of Congress, make, or accept a distinct and satisfactory propo- sition for the immediate adjustment of the boundary question, it will be the duty of the general government to take military possession of the disputed territory ; and in the name of a sovereign State, we call upon the national government to fulfil its constitutional obligations to esta- blish the line, which they have solemnly declared to be the true bounda- ry, and to protect this State in extending her jurisdiction to the utmost limits of our territory. " Resolved, That we have a right to expect the general government will extend to this member of the Union, by negotiation or by arms, the protection of her territorial rights, guaranteed by the federal compact, and thus save her from the necessity of falling back upon her natural and reseiTcd rights of self-defence and self-protection — rights which constitutions can neither give nor take away ; but, should this confi- dence of a speedy crisis be disappointed, it will become the imperative duty of Maine to assume the defence of our State and national honor, and expel from our limits the British troops now quartered upon our ter- ritory. " Resolved, That the Governor be requested to forward copies of these resolutions to the President and Heads of Departments, and to the Senators and Representalivcs in Congress from this State, with a request to the latter to lay thcni before the respective bodies of which they arc members, also to the (governors of the several States with a request to lay them before their several Legislatures." The Legislatures of Ohio and Lidiana have passed resolutions respon- sive to the above ; expressing hopes that the dispute between the United iStates and Great Britain will be amicably setled, but tendering "the whole means and resources of the respective States to the authorities of the Union in sustaining our rights and honor." Invited by the State of Maine to express an opinion upon a subject deeply interesting to that State and also to the United States, the Legis- lature of Maryland can not do this with propriety unless after a careful examination into the merits of the case. The question is one which can not be clearly understood, without a reference to numerous State pa]jers, but which, when disembarrassed of the refinements which di- plomatic subtlety has thrown around it, is easily intelligible. It is tlie intention of the committee to give a succinct statement of the different views entertained by the governments of the United States and Great No. 215.] 5 Britain, without entering into the details of the arguments by which they are respectively sustained, for which a volume would be requisite instead of the ordinary limits of a report. Nothimr, however, which is deemed material to a fair exposition of the case, will be inlcniionally omitted. Three maps arc annexed to the report, without which the committee could not make themselves understood. The second article of the Provisional Treaty of Peace, executed on the 30lh of November, 1782, and the second article of the Definitive Treaty of Peace between the United States and Great Britain, executed on the 3d day of September, 1783, use the same language in describing the boundaries of the United States, viz : " From the northwest angle of Nova Scotia, viz : that angle which is formed by a line drawn due north from the source of the St. Croix river to the highlands ; along the said highlands which divide those rivers that empty themselves in- to the River St. Lawrence from those which fall into the Atlantic ocean, to the norlhwesternmost head of the Connecticut river, &c. &c. ; and after tracing the boundary round to the north and west, the description conludes with the eastern line 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." These lines have never yet been traced and marked upon the surface of the earth. The northeastern corner of the United States, and north- western part of Nova Scotia offered few inducements to settlers, on ac- count of the comparative unproductiveness of the soil. The people of Massachusetts and Maine moved to the fertile regions of the west, and those who desired to settle in the British dominions, passed on to Lower or Upper Canada. No practical inconvenience was therefore felt by the want of precise knowledge as to the actual position of the boundary line, except on the seaboard where the population was more dense. To remove this difficulty, the fifth article of the treaty of 1794 recites " that doubts had arisen what river was really intended under the name of the River St. Croix, mentioned in the treaty of peace, and forming a part of the boundary therein described," and provides for the appoint- ment of three commissioners who should " be sworn impartially to ex- amine and decide the said question." Both nations agreed to " consi- der such decision as final and conclusive, so as that the same should ne- ver thereafter be called into question, or made the subject of dispute or difference between them." In execution of this article a Board of Commissioners was appoint- ed, who not only decided which was the true head of the St. Croix, but placed a monument there, which has iwitil the last few months been ad- mitted on all sides to be the place of departure in running the eastern boundary line of the United States. The report of Messrs. Feather- .«?tonhaugh and Mudge proposes to the British Government to rescind all its action under that treaty, alleging that the commissioners erred in their decision. Of that report it will be necessary to speak more par- ticularly hereafter, and it is alluded to here only to express the surprise which is felt that any public functionaries of the government of Great 6 [Assembly Britain should deliberately make to iliat government such a reckless proposal. It is now more than forty years since that monument was erected under a guarantee from Great Britain that the decision should never thereafter be called into question or made the subject of dispute or dilVetence between the two nations. If the theory of Messrs. Feather- slonhaugh and Mudgc will not stand, consistently with the continuance of the monument, it is the theory and not the monument which must be removed. The Treaty of Ghent, signed on the 24th of December, 1814, in its fifth article, after reciting that " neither that point of the highlands, ly- ing due noilh from the source of the River St. Croix, and designated in the former treaty of peace between the two powers as the northwest angle of Nova Scotia, nor the northwesternmost head of Connecticut river, had yet been ascertained, nor that part of the boundary line be- tween the dominions of the two powers which extends from tlie source of the River St. Croix, directly north, to the above mentioned northwest angle of IS ova Scotia, thence along the said highlands which divide those rivers that empty themselves into the River St. Lawrence, from those which fall into the Atlantic ocean," had been surveyed, provided for the appointment of commissioners to ascertain and determine the points above mentioned, and cause the boundary to be surveyed and marked. If they differed in opinion, a reference of the disputed points was to be made "to some friendly Sovereign or State, who should be requested to decide on the differences which might be staled in the reports of the commissioners. In the execiUion of this duty, the joint commissioners started from the monument which they found at the head of the St. Croix river, and proceeded to run the line due north, as called for by the treaty of 1783. It is remarkable, that in the performance of this important service, nei- ther set of commissioners was furnished with the instruments necessary to run the line with astronomical precision. They used only a surveyor's compass, coixecting it by such indecisive observations of the stars as they were able to make w'iihout the a})pliances of accurate philosophi- cal instruments ; and the line which they ran has been since proved to be entirely wrong. A Tier proceeding in what ihcy thought to be a due north course for about forty miles, they came to an insulated hill, called Mars Hill, where the British connnissioners insisted u])on stopping ; al- leging, that they had found the northwest angle of Nova Scotia, and also the highlands which divided those rivers that empty themselves into the River St. Lawrence from those which fall into the Atlantic ocean. They then turned w^cstwardly, and traced a very crooked line around the heads of these streams which flow into the Aroostook river, which discharges itself into the St. John's, and those which fall into the Atlan- tic rivers. This line, they said, was the northern boundary of the I'nited States ; and separate reports being made by the commissioners to the two governments, it was agreed, on the 29th day of September, 1 827, to refer the matter to some friendly Sovereign or State, and various stipulations were entered into for the purpose of facilitating the decision of the arbiter. Mitchell's map, which is annexed to this report, is ad- mitted, upon both sides, to be " the map by which the framers of the No. 215.] 7 treaty of 1783 are acknowledged to have regulated their joint and ofli- cial proceedings," and another nmap, also annexed to this report, was " agreed upon by the contracting parties as a dclincaliun uf tlic water courses and of the bounchiry lines in reference to the said waler courses, as contended for by each parly respectively." The King of the Netherlands, the selected arbiter, decided on the 10th of January, 1831, "that he could not adjudge either of the lines ** to one of the said parties, without wounding the principles of law and " equity with regard to the other," and proposed a new boundary line, running from the monument due north to the middle of the !St. John's river, up that river to the St. Francis, one of its branches, thence to its southwestcrnmost source, and thence due west to the line claimed by the United States. This proposition was, in June 1832, declined by the American Government. Great Britain was willing to accept it, but, after sometime, yielded to the wish of the United States, that the question should be again open for negotiation. Since that time nume- rous diplomatic notes have been exchanged between the two govern- ments, a miiuite examination of which would lead the committee too far from the purpose which they have in view. Great Britain first as- sumed the ground that an attempt to find the treaty line, was declared by the arbiter to be hopeless ; but afterwards agi-eed to the proposition of the American Government to institute a new survey, coupled how- ever with a condition that the commissioners should be instructed to consider the St. John's river, as not being one which emptied itself into the Atlantic ocean. It was in vain that the American Government re- monstrated against this, as requiring a preliminary abandonment of its whole argument ; the condition was insisted upon, until the disturbances upon the frontier in February, 1839, placed the peace of both nations in great peril. The latest exhibition of the state of the negotiation which the committee can find in the papers within their reach, is a note from Mr. Fox to Mr. Forsyth, containing the following extract : {Mr. Fox to Mr. Forsyth.) June 22, 1840. [Senate Doc. Vol. 8, 26th Congress, 1 session, No. 580.] " The undersigned is accordingly instructed to state officially, to Mr. Forsyth, that her Majesty's Government consent to the two princi- ples which form the main foundation of the American counter-draught, namely : first, that the commission to be appointed, shall be so con- stituted as necessarily to lead to a final settlement of the question of boundary at issue between the two countries ; and secondly, that in order to secure such a result, the convention by which the commis- sion is to be created, shall contain a provision for arbitration upon points, as to which the British and American commissioners may not be able to agree." " The undersigned is however instructed to add that there are many matters of detail in the American counter-draught which her Majes- ty's Government cannot adopt," &c. &c. This prospect of a final settlement is far from being satisfactory. 8 [Assembly The " matters of detail" which " her Majesty's Government cannot adopt," may be spun out by diplomatic finesse to an inextinguishable length. All the practical good which Great Britain could derive from the ownership of the soil, she draws from its possession under the ex- isting temporary arrangement between the two governments. The road from the capital of New-Brunswick to Quebec, passes through the corner of the disputed territory, and the right of transit constitutes its chief value. As long, therefore, as Great Britain enjoys, under a temporary understanding, all the benefit which an ultimate settlement in her favor could bestow, it is her policy to protract the negotiation. She has all the advantages of success, without the hazard of loss. It is to be apprehended that " matters of detail," will be discussed until they become matters of substance. In the mean time, the population of the State of Maine is spreading over a portion of the " disputed ter- ritory." The geological investigations of that State have shown that the Aroostook river waters some of the finest lands in the State. Roads are constructed from the seaboard northwardly into these fertile regions, and settlements are extending. The danger of border conflicts is annu- ally increasing ; armed bodies of men aie near each other, with mutu- ally exasperated feelings. Men who live in the woods, enduring the severity of a northern winter, and follow a pursuit, pregnant with dan- ger to life, are apt to be constitutionally brave. This is the case with the lumbermen of Maine. They transport upon the snow to the banks of the frozen streams, the lumber which they have prepared in the fo- rest, and wait until those same snows, by their melting, swell the rivers sufficiently to float down their hardly acquired property to a mar- ket. This sort of life invigorates men's bodies and courage ; but en- dangers the peace of a disputed frontier. A chance affray which may happen at any time, would be likely to result in loss of life ; and if blood once be shed, it will be difficult if not impossible to assuage the popular feeling. With a strong desire to preserve peace on the part of the governments and people of the United States and Great Briain, still they are in too much danger of accidental collisions between the inhabi- tants of this border, which they may find themselves unable to restrain. A war between the United States and Great Britain is an evil greatly to be deprecated. It would be an arduous, bloody and long struggle. The eastern States, instead of holding back, would upon this boundary question, be the foremost in the fight. The whole northern frontier of tne United States, is in an inflammable condition and would cheerfully respond to a call of their government ; whilst upon the seaboard, the modern improvements in war vessels and gunnery, would spread the horrors of war over our extensive Atlantic coast. The peculiar situation of Maryland must cause its Legislature to look with great anxiety upon any question which is calculated to jeopard the peace of the country. In a question of national honor there is no room for choice or hesitation. Neither in the course which Great Britain has pursued in her negotia- tion with the U. States, nor in the multitude of disciplined troops which she has spread over our northern frontier, nor in the establisliment of a speedy communication by steam between England and the Provinces ; a communication which the good people of Boston have hailed with No. 215.] d such pleasure, uiiobscivanl ot the niulives wIulIi liave led to lis inlro- duction, can the commiltcc see any purpose but llial of resolutely main- taining the supremacy of Great Britain over her Norlli American Pro- vinces and the enjoyment of the military road between Halifax and Quebec. In this attitude of things, the J iCgislaturc of Maryland look upon the prospect before us with deep interest. The geographical position of our State makes it more than commonly vulnerable. We have a right, therefore, to express our opinions frankly to the State of Maine, and to the Federal Government. To do this with propriety, it becomes necessary to re-examine the boundary question carefully, and see whether national prejudices ma}^ not have influenced the opinion of the State of Maine as to her rights. The first mention of our northern boundary is foiuid in the 2d vo- lume of the Secret Journal of Congress, page 133, under date of Fe- bruary 23, 1779, in a report of a committee, of which Mr. G. Morris Was chairman. " Your committee arc of opinion that the following articles are abso- lutely necessary for the safety and independence of the United Slates, and therefore ought to be insisted on as the ultimatum of these Slates. 1. That the bounds of the United States be acknowledged and ratified as follows : Northerly by the ancient limits of Canada, as contended for by Great Britain, running from IN ova Scola southwesterly, west, and northwesterly to Lake Nessessing, thence a west line to the ^lis- sissippi ; easterly by the boundary settled between Massachusetts and Nova Scotia ; southerly, &c. &c." After discussing the report of this committee, Congress adopted (March 19, page 138,) a more precise description of the northern boundary, in which the northwest angle of Nova Scotia first makes its appearance, with even more perspicuity than is found in the treaty it- self. *' Congress took into consideration the report of the committee of the whole, and agreed to the following ultimata: — 1. That the thirteen United States are bounded, north by a line to be drawn from the north- west angle of Nova Scota, along the highlands which divide those rivers which empty themselves into the river St. Lawrence, from those which fall into the Atlantic ocean to the nortluvesternmost head of Connecti- cut river, thence, &c. &;c. and east by a line to be drawn along the mid- dle of St. John's, from its source to its mouth in the Bay of Fundy, or by a line to be settled and adjusted between that part of the State of Massachusetts bay, formerly called the province of Maine, and the colony of Nova Scotia, agreeably to their respective rights, &c. &c. The offer here made of varying the boundary so as to make the St. John's river the line from its source to its mouth, has been recently re- peated to the British government, but then, as formerl}', declined. The alternative proposition was carried into effect, and Massachusetts and Nova Scotia left, by the treaty, where their previously existing rights placed them. The northwest angle of Nova Scotia is assumed in this instruction as the starling point, and this was exactly conformed to by the Commissioners who negotiated the treaty, except that they under- [ Assembly, No. 215.) 2 IQ [Assembly Jook to define wlial tlial angJe was, and where it could be found. Their descriplion of it was accurate, and co-incident with the old boundaries of llie two Provinces of Massachusetts and Nova JScotia ; and both conform lo the present claim of the United States. It IS perfectly clear that there must then have been, and must now be a northwest angle of Nova Scotia somewhere. If Nova Scotia reached to the North Pole on one side, and the Pacific ocean on the other, it would be dilHcult to get to the northwest angle, although there would still be one. But with an extent more limited than this, it is only- necessary to pursue the northern and western boundaries until they ineet, in order to find the angle. Tlic specification therefore in the in- struction of Congress, would, of itself, have been sufficient, without the super-added descriplion in the treaty ; and this will appear from a re- ference lo the limits of Nova Scotia as they existed at the commence- ment of the revolutionary war. But it so happens that the addition made by the commissioners corresponds even in language with the then existing public documents and grants, and shows that they were entire- ly familiar with all those papers which have been drawn into the dis- cussion at a more recent period. It may not be amiss to take a cur- sory glance at the characters and qualifications of the commissioners. Dr. Franklin is too well known in the United States to make it ne- cessary or expedient to speak of him. His Life is a text book in our schools ; and his name, given as it is lo steamboats and stages, and inns and banks, and libraries and societies, has made his history universally and thoroughly known. Mr. Jay was his associate for some time before they were both joined by Mr. Adams. The high honor must be given lo him of refusing to negotiate with the envoy of Great Britain until the independence of the United Stales was acknowledged, and the commission of the British Minister changed accordingly. During the lime when the question of peace or war remained suspended upon the determination of Great Britain to continue or change the credentials which she had issued, his responsibility was of the heaviest character, because in this, he differed from his usually sagacious and trusted colleague. Dr. Franklin. And the reputation of Mr. Jay for firmness and sagacity cannot be fully ap- preciated, initil we remember thai the course which he then pursued, furnished the basis of the argument by which the Honorable John Quincy Adams afterwards vindicated and preserved the American right to the fisheries of Newfoundland. In the present dispute respecting the boundary, we are met with a repetition of the same idea on the part of Great Britain, that the [ndependence of the United States was granted in tlie ireaty of 1783 ; and, in both cases, we are indebted lo the inflexible sjjjrit of Mr. Jay, for affording us the same ground of in- dignant denial which he made amid responsibilities which would have shaken a less stoui lieart. When Mr. Adams arrived in Paris, it must be mentioned to his ho- nor, that I)e look sides promptly with Mr. Jay. But Mr. Adams brought also lo the negotiation, an intimate acquaintance with the boundaries and history of Massachusetts, derived from his active jjarticipation in the aflfairs of the Provmce. He has left a record of this in his corres- No. 215.] 11 pondence. Immediately after his arrival in Paris, (October 31, 1782,) he wrote thus to Robert R. J^ivingsion — Spark's Diplomatic Corres- pondence, vol. 6, page 437. "Yesterday we met Mr. Oswald, at hi.s lodgings; Mr. Jay, J)r. Frank lin and myself on one side, and Mr. Oswald, assisted by Mr. .Stvachey, a gentleman whom I had the honor to meet in company with Lord Howe, upon Staten-Island, in the year 1776, and assisted also by a Mr. Roberts, a clerk in some of the public oilices, with books, maps and papers, relative to the boundaries. " I arrived in a lucky moment for the boundary of Massachusetts, be- cause I brought with me all the essential documents relative to that object, which are this day to be laid before my colleagues in conference at my house, and afterwards before Mr. Oswald." And again, page 452: " Tiie Count, (Count de Vergennes) then asked me some questions respecting Sagadehock, (now Maine) which I answered by showing him llic lecords, which J had in my pocket, par- ticularly that of Governor Pownal's solemn act of possession in 1750; the grants and settlements of Mount Desert, Machias, and all the other townships east of Penobscot river ; the original grant of James the First, to Sir William Alexander, of Nova Scotia, in which it is bound- ed on St. Croix river; (this grant I had in Latin, French and English ;) the dissertations of Governor Shirley and Governor Hutchinson, and the authority of Governor Bernard, all showing the right of Massa- chusetts to this tract to be incontestable. I added that I did not think any British Minister would ever put his hand to a written claim of that tract of land, their own national acts were so numerous and so clear against them." It is impossible that these men should not have known where the northwest angle of Nova Scotia was. Where they thought it was, the United Slates say it is now. Great Britain has sometimes said that it was not to be found any where ; and at other times has placed it at a point, beyond which the Province of New-Brunswick (carved out of Nova Scotia) has always exercised jurisdiction, which continues, ac- cording to the report of Featherstonhaugh and Mudge, to the present day ; for they say that the jurisdiction of New-Brunswick reaches to the Ristigouche liver, an hundred miles north of where the northwest angle is said to be. The practice of Great Britain, therefore, always has contradicted her own argument. It is not possible to discard from the treaty the plain reference to the then existing boundary of Nova Scotia. Wherever its northern and western lines intersected each other, there the boundary of the United States commenced ; and yet we find eminent British statesmen asserting that the treaty had no regard to previously existing lines, but that it adopted a new description altogether. Even as late as 1 838, this idea is again repeated in a letter, from which the following is an extract : Lord Palmer ston to Mr. Stevenson. Foreign Office, April 16, 1838. [Senate Doc. 1st session 25th Congress — No. 107, page 3.] " In answer to the argument which is employed by Mr. Stevenson, with respect to the boundaries between the British Possessions and the 12 [Assembly United Slates, the undersigned begs leave to observe, that the treaty of 1783, laid down the boundary between the United States and the Biitish Possessions, not by rel'erence to the then existing, or to the pre- viously existing boundaries of the British Provinces, wiiose independ- ence was tlien acknowledged, Init with reference to a geographical de- Bcription contained in the treaty itself, &c. &;c." Massachusetts and Nova Scotia were contiguous to each other, for there was nothing between them. Of course, the northwest angle of Nova Scotia, and the northeast angle of Massachusetts were the same malhcmatical point ; and the ancient charters clearly demonstrated where that point was to be found. The charter of Nova Scotia, granted by .Tames the First, to Sir Wil- liam Alexander, 1621, with which Mr, Adams was so familiar as to carry in his pocket a copy of it in Latin, French and English, ruiis thus : " Beginning at Cape Sable, &c. &c. to the river, commonly called St. CroFx, and to the most remote spring or source, which, from the western pari thereof, first mingles with the river aforesaid ; from thence, b)' an imaginary direct line which may be conceived to stretch through the land, or to run towards the norlh to the nearest road, river or spring, emptying itself into the great river of Canada, &c." tlpon a comparison of this line with that, Avhich in the treaty is de- clared to be the eastern boundary of the United States, it will be found to differ only in the following three points : 1 . It adopts the " western source " of the St. Croix, whereas the treaty merely says " the source," as the point from which to run the northern line. 2. It runs the line towards tlie north, and the treaty uses two expres- sions, " due north " and " directly north." 3. It extends the line to the St. Lawrence, and the treaty slops it at the intermediate highlands. The two first of these differences are of little consequence. In fact, they may moro properly be considered as different descriptions of the same line, the later in date correcting, by subsequent geographical knowledge, the error of the former, than as the adoption of different lines. The third difference followed as a necessary consequence, from the excision of the northern portion of the line by the annexation of that part of the country to Canada, in 17G3, after its conquest. The report of Messrs. Featherstonhaugh and Mudge, advances the extravagant proposition, that the original grant of Nova Scotia was from the source of the St. Croix to the river Chaudiere, thus running a northwesterly direction, instead of "towards the north." It may be proper to bestow a passing notice upon this pretension. The idea is not original with these commissions. It was alluded to in the British argument before the King of the Netherlands, as a posi- tion which nnght be taken, but they did not assume it. Availing them- selves of this hint, and desirous of destroying the identity of the pre- sent American claim with the original chartered boinidary of Nova Scotia, the commissioners boldly advance ihe doctrine for the three fol- lowing reasons ; No. 215.] 13 1. Tlial the Iranslalion of tlie Latin grant justifies the ground. 2. That the grant calls lo run " ad proximam iiaviun stationcrn," which must mean Quebec. 3. That an ancient map so places the line. It is alleged by these commissioners that the words " versus Septen- Irionem," in the original Latin grant are not to be strictly construed "towards tiie north," because in a preceding passage of the grant, the same words arc found as applying to the line from Cape Sable to St Mary's Bay, which line, it is admitted, is in a course nearly west; and the argument is, that if these words describe a line nearly west in one part of the grant, they may do so in another. To furnish a basis for this argument, the same liberties are taken with the nilcs of the Latin Grammar, that are brought to bear upon ranges of mountains ; both are unceremoniously moved out of their established position, in order that the theory of the commissioners may have room to stand. It may possibly be the case that the translation which they give, was consistent with the rules of the Latin tongue, when the "abraded mountains," which they ])ut upon their line stood erect ; but it finds no sanction in the genius of that language as it was understood by Horace, and Virgil and Cicero. The following is the extract which they give from the grant. " Omncs et singular terras Continentis ac insulas situatas et jaccnles in America intra caput sen promontorium communiter Cap de Sable appellat. Jacen prope latitudinem quadraginta Irium graduum ant eo circa ab equinoctiali linea versus Septentrionem, a quo promontoris versus liltus maris tenden ad occidentem ad stationem Sanctae mariae navium vulgo Sanctmareis Bay." Their literal translation : " All and each of the lands of the conti- nent, and the islands situated and lying in America within the head land or promontory, commonly called Cape Sable, lying near the for- ty-third degree of latitude from the equinoctial line or thereabouts. From which promontory stretching westwardly towards the north, by the sea shore, to the Naval Station of St. Mary, commonly called St. Mary's Bay." — Report, pages 24 and25. To separate the words, "versus septentrionem" from " ab equinoc- tiali linea" to which they properly belong, and thrust them into the mid- dle of the succeeding paragraph is to do violence to all the rules of grammar. The plain meaning of the phrase is, " from the equinoctia] line towards the north," that is, " northern latitude." 2. The second reason is that the termination of the line from the source of the St. Croix, must be, by the grant of 1621, at some " na- vium statio," which the commissioners translate "naval station," or a place where ships are accustomed to ride. Quebec, they say, was the only naval station on the St. Lawrence, and therefore to Quebec the line must go. But they omit to state that these same words are twice used in the preceding part of the grant and applied successively to St. Mary's Bay" and the Bay of Fundy. To neither of these places can or could ever be applied the epithet of " naval station" in the sense of the commissioners. Quebec was not then in a situation to be called a naval station in the modern acceptance of the term. Selected as a site 14 [Assembly about 1G03, it was iiol begun until 1G08, and then some " rude cottages were framed, a lew fields cleared and one or Iwo gardens planted." — 1 Bancroft, page 23. "In 1»320 Champlain began a fort, and in a few years (1624) the castle of St. Louis, so long the place of council against the Iroquois and against New-England, was durably founded on a commanding clilV." — 1 Bancroft, page 29. It belonged to France ; and whatever inducement tiiere misht have been to make a boundry line terminate at a " naval station" of the same country, there could have been no possible motive for its striking the St. Lawrence opposite to a post occupied as such by another nation. 3. Tiie third reason is the existence of an old map made in 1689 by Coronelh, a Venetian, which places the boundary hnc of Nova Scotia from the St. Croix to the mouth of the Chaudiere opposite to Quebec. Where this map was found, does not appear. It was not used in the argument before the arbiter; but it is manifesll}' entitled to no confi- dence, because it places Nova Scotia on the south instead of the north side of the line. The reasons against this position of the boundary line of Nova Sco- tia are as follows : 1. In 1663, Charles the Second granted to his brother James, Duke of York, the following land, viz : Beginning at a certain place called or known by the name of St. Croix adjoining lo New-Scotland in Ame- rica ; lo the river of Kennebec and so up, by the shortest course, to the river of Canada, northwards. This grant would divide Nova Scotia into two separate parts, according to the location of the latter by the commissioners ; but if the American line be adopted, the two grants are in harmony with each other, lying on opposite sides of a line run- ning from the source of the St. Croix, north. 2. The line is contradictory to all the official acts of the British go- vernment, anterior lo the American Revolution and to the maps which were recognized as authority. Mitchell's map, for example, made in 1755 was held in such high esteem thai ihc negotiators of the treaty of ■'83 were governed entirely by it. Il has been already staled that "Mr. Roberts, a clerk in some of ihe public offices" in London, crossed the •channel with " books, maps, and papers relative lo the boundaries," which were used by the ministers. If then, Mitchell's map was se- lected from all these as the most orthodox, and ihe boundarj^ line of Nova Scotia was represented upon that map as running due north, it is inconceivable thai the true line should liavc gone lo the Chaudiere. Mr. Gallatin, after giving a list of 19 dilTerent maps published in England between 1763 and 1783, "being all the maps ihal could be found after a diligent search both in England and America" sa^^s " in every instance the course of the line from the source of the River St. Croix is northward ; in every instance that line crosses the River St. John and terminates at the highlands in which the rivers tiiat fall into the St, Lawrence have their sources ; in every instance, the northwest angle of Nova Scotia is laid down on those liighlands and where the nortii line terminates ; in every instance, the highlands, from that point to the Connecticut river, divide the rivers that fall into the River St, No. 215.] 15 Lawrence iVoni llic Iribulary streams of ihc Iviver Si. .luhii and from the other rivers that fall into the Athmtic ocean. Mr. Galhilin, also, enumerates four maps published in England be- tween the preliminary and dehnitive treaties, (November 17S2and Sep- tember 1783,) in all of which " the boundaries of the United States are laid down as now claimed by the United States, and are the same with those delineated in the preceding maps, as the boundaries of the Pro- vinces of Quebec and Nova Scotia." Assuming then that the boundary line of Nova Scotia by its original charter ran due north as it is laid down in Mitchell's map, we have reached one very important state of the investigation ; because this ori- ginal line was never changed by the British government, and we are thus enabled to see very clearly what is the western boundary of Nova Scotia. To find the northwest angle, where the American boundary is made to begin by the Treaty of 1783, we have only to ascertain where the northern boundary is ; and the solution of the problem must be as- certained. If Nova Scotia had a circular boundary like the northern part of the State of Delaware, it might have no angle. But as its boun- daries are straight lines, its northwest angle can be found with as much certainty as one of the corners of a square chamber. Where then is or was the northern limit of Nova Scotia? By the original charter the Province was bounded on the north by the River St. Lawrence, and the northwest angle was, of course, at the point where the boundary line from the St. Croix intersected the St. Lawrence. It so remained until the termination of the war of 1756. Canada having been wrested from France, the king of England in 1763 chose to remodel his American dominions. In doing this there was much political sagacity exhibited. Natural boundaries are the best be- tween separate jurisdictions. Where the laws of trade lead men to go^ it is best that civil regulations should encourage them to go. From an inspection of Mitchell's map it will be seen that the basin of the St. Lawrence is not extensive on the southern side. The streams which flow into it are short in their course, and must be rapid, because long rivers, flowing in an opposite direction, take their rise near their heads ; these short and rapid streams were even then occupied by saw mills, the lumber from which found its market at Quebec. It was therefore highly expedient that the country which traded with Quebec, should be placed under the jurisdiction of Canada, and a royal proclamation of October, 1 763, wisely enlarged Canada, by describing its southern boun- dary as follows, viz : "Passing along the highlands which divide the rivers that empty them- selves into the said River St. Lawrence, from those which fall into the sea and also along the North coast of the Bay Chaleurs and the coast of the Gulf of St. Lawrence to Cape Rosiers." In the ensuing month, the boundary of Nova Scotia was for the first time changed ; for in November, 1763, Montague Wilmot was appoint- ed governor of Nova Scotia, whose boundaries were altered, to con-es- pond with the proclamation, viz : "To the mouth of the River St. Croix, by the said river to its source,, and by a line drawn north from thence to the southern boundary of our colony of Quebec." 16 [Assembly Aiui 111 ihe commissions issued in 1767, lo William Campbell, and 111 17(31, lo Francis Leggpe, Nova Scotia is described as above. In 1774, an act uf Parliament, (14tli (Jeorge 3d,) was passed, de- scnbnig the boundary of the Province vi Quebec, as follows : " Bounded on the south by a line from the Bay of Chaleurs, along the higlilands which divide the rivers, which empty themselves into the St Lawrence from those which fall into the sea." The American claim is now, that the boundary is precisely where the original charter of Nova Scotia, and the above mentioned proclama- tion and act of Parliament put it. If the southern boundary of Canada is not to be fovuid in those documents, where is it to be found ? No subsequent legislation of Great Britain has designated it, and it must, of necessity, exist tiiere only. If the presient American and Britisii claims be tested by these papers, the following will be the result. The American line runs from the north coast of the Bay of Chaleurs, along highlands which divide rivers which empty themselves into the St. Lawrence from those which unite with the St. John's river and then fall into tlie sea through the Bay of Fundy. The British line requires to be noticed as it was claimed before the arbiter and by Featherstonhaugh and Mudge. These lines vary consi- derably as an inspection of the maps annexed hereto, will show. As it was claimed before the king of the Netherlands, it winds around the heads of the streams which How upon one hand into the Aroostook and the AUegash (tributaries to the St. John's) and the St. John's, and upon the other into the Kennebec and the Penobscot. But from the eastern termination of the line to the Bay of Chaleurs there is no at- tempt to trace it on the map, or reconcile it with the description of it in the proclamation of 1763. That this cannot be the line meant by the proclamation and subsequent act of Parliament is manifest from the following reasons : That the proclamation calls for a range of highlands from the Bay of Chaleurs, whereas in the argument before the king of the Netherlands, it was not pretended that any such range existed from the Bay of Cha- leurs to Mars Hill, the alleged termination of the eastern boundary line of the United Stales. That such a line would be contradictory to the undevialing practice of the British government in maintaining jurisdiction over its own pro- vinces, because if that line be correct, all lo the north of it would be- long to Canada, and Featherstonhaugh and Mudge say that the juris- diction of New-Brunswick extends northward to the bank of the Res- tigouche. That such a line divides waters which fall into the St. John's from others which fall into the sea, and does not approach within from 50 to 100 miles, those waters which fall into the St. Lawrence. The line as proposed to be run by Fealherslonhaugh and Mudge, runs along llie southern bank of the Aroostook, and leaves I\^ars Hill, for which the British government has so stoutly contended, about 20 miles within the territory of the United States. Of course, these com- missioners disapprove of the former pretensions of Great Britain. It remains to be seen whether that government will adiiere lo ils former No. 215.] 17 claim and condemn its commissioners, or adopt their report and con- demn the hne which, for so many years and at so much trouble, it has hitherto maintained. The objections to this line arc, that when extended it strikes the South instead of the North coast of the Bay of Chaleurs, which tiie proclamation requires, and that it passes along no Highlands at all. The geologist has discovered from sundry stones found there, that a range of highlands once existed, which arc now abraded. Some of the objections to the other line arc also common to this. The map shows on the cast of the St. John's the range of Highlands, as projected, is co-incident with the bed of the Tobique river. That a river should flow along a ridge of the highlands, or even cross it, is not surprising ; but that it should abrade a range of hills for no other purpose than to put its bed there, is a geological phcnomonon worthy of all admiration. The Aroostook, too, has taken the superfluous trouble of crossing and recrossing the same range of highlands, for no other cause, apparently, than to gratify the guilty and unnatural ambition of flowing along the " axis of maximum elevation." " If either of these lines be taken to be the true one, the consequence is, that the northwest angle of Nova Scotia must be at the intersection of it with the north line from the source of the St. Croix. What right has the Governor of New-Brunswick then to interfere with the territory watered by the Aroostook ? The British argument shows that if this land belongs to Great Britain at all, it is because it is within the limits of Canada, and utterly beyond the jurisdiction of New-Brunswick, and yet with a strange inconsistency between theory and practice, it is shown by the former to belong to one Province and by the latter to another. Those statesmen who drew up the proclamation of 1763, no doubt had Mitchell's map before them, because in a corner of that map it is written : " This map was undertaken with the approbation and at the request of the Lord's Commissioners for trade and plantations, and is chiefly composed from draughts, charts and actual surveys of diff'erent parts of His Majesty's colonies and plantations in America, great part of which have been lately taken by their Lodsliips' orders, and transmit- ted to this office bv the Governors of the said colonies and others. JOHN POWNALL, Secretary. Plantation Office, Feh'ij 13, 1755." A map published only eight years previously, " chiefly composed from draughts, charts and actual surveys, taken by their Lordships' or- ders," and the map itself, " undertaken with the approbation and at the request of the Lord's Commissioners," must have been used when the new boundary line of Canada was to be designated. As the whole country was under the Crown, there was no inducement to enlarge or diminish either Province, except for the convenience of irade before spoken of, or the establishment of a good natural boundary. If the reader will examine the map, beginning at the north coast of the Bay of Chaleurs, the eye will without any difiiculty trace a line to the west- ward, around the heads of the streams which flow to the northward and southward, into the St. Lawrence and the Bay of Fundy or sea. Let [Assembly, No. 215.] 3 18 [Assembly him th«n endeavor to follow ihe line according to the claim of the Bri- tish governniciit ; and although, beginning at the western side of the map, it is possible to find it lor some distance eastwardly around the heads of streams which How to the north and south, yet there must be a fidl slop at the St. John's river, at which the attempted line is wholly lost. A line which is described as running round the heads of streams, has no authority for crossing a large and navigable river. As a furthei- experiment let the reader carry his view across the St. John's and see if he can find any highlands between it and the south coast of the Bay of Chalcurs, where Featherslonhaugh and Mudge place the line. So far from it there is not a single hill marked there, but on the contrary the paths of those rivers running transversely across the imaginary range of highlands. It is inconceivable, therefore, that the proclamation of 1763, and act of Parliament of 1774, should have fixed the southern boundary of Canada where the British government now claims it to be. The King would not have adopted an impracti- cable line. Upon Mitchell's map, it may be said to be impossible to trace any other one than that contended for by the American Govern- ment, easily followed by the eye and fulfilling every requirement, ex- cept that the rivers flowing to the south empty themselves inlo an arm of the sea instead of the body of the sea, and upon this distinction hangs the whole British argument. The choice is between the King and Parliament's, having considered the Bay of Fundy as a part of the sea, or as having very formally adopted a boundary, which an inspection of the map must have shewn, could not by any possibility be traced on the surface of the earth. The northwest angle of Nova Scotia in 1783 was, therefore, suffi- ciently apparent. If the Treaty had stopped there, and merely said that the boundary of the United Slates should begin at that northwest angle, the description would have been precise enough. But in order to illustrate their meaning more clearly, the Commissioners proceed to a repetition of the language used (except that they say "Atlantic ocean" instead of " sea") in the proclamation and ret of Parliament. One leg of the angle is in a line drawn " due north" from the source of the St. Croix " river," the same originally called for in the grant of Nova Scotia, in 1621 ; the other leg is a line drawn " along the high- lands which divide those rivers that empty themselves inlo the river St. Lawrence from those which fall inlo the Atlanlic ocean," using the phraseology (with the exception of a single word) of the proclamation of 1763. "Of the intention to make these official acts of the British Government the basis of their treaty, there seems to be be no fair ground to doubt. Applying this description to the claims of the two governments, the result will be more apparent if ihe form of an interrogatory be assumed. And first of the British. From one side of your line do the waters empty themselves into the St. Lawrence ? No ; nor do they come, in some parts of the line, within one hun- dred miles of the Si. Lawrence. From the other side do they flow mlo the Atlantic ocean ? No. 215.] 19 Yes ; if llie bays of Sagadahock and Penobscot, be the Atlantic ocean. If the American government be asked the same questions, the answer to the first will be unqualifiedly in the affirmative. Yes. To the second question, the answer would be Yes ; if the Bay of Fundy be the Atlantic ocean. Of the two requirements, then, the British claim wholly repudiates one, and the American claim satisfies that one. If the British claim gratifies the other, the American does also ; and the argument on the British side cannot show that the American government fails to gratify both calls, without showing at the same time that its own claim gratifies neither. Much more might be written upon a subject which has drawn to its discussion a large contribution from the skilful Statesmen of Great Britain and the United States. But it has been the object of the com- mittee to give a clear statement of the question, rather than a full argu- ment upon its merits. They have consulted a large mass of materials; the correspondence between the Secretary of Slate and the British Minister; the succinct, but lucid report of Senator Buchanan; speeches of members of Congress ; reports of committees of the Legislatures of Maine and Massachusetts ; sundry essays written by the honorable Caleb Cushing, and some published arguments, the authors of which have not openly acknowledged them, although they are known ; the report of Messrs Feathers tonhaugh and Mudge ; and lastly, the mas- terly review and analysis of that report, written by the venerable diplo- matist and stateman Albert Gallatin, whose knowledge upon this subject is probably more profound and extensive than that of any man living. With regard to the course which ought to be pursued in obtaining a settlement of this controversy, the committee do not feel themselves qualified to express an opinion. The Constitution of our country has wisely placed our foreign relations in the exclusive guardianship of the federal government, whose dignity and power are commensurate to the duty which it has to perform. It is clear that all reasonable efforts should be exhausted to accomplish a pacific and speedy adjustment of the difficulty ; and it is also clear that if they should unfortunately fail, it will become the duty of the States of the Union to rally around the federal government and carry it successfully through the struggle that must then come. The following resolutions are submitted to the consideration of the Senate : Resolved, That the Legislature of Maryland entertains a perfect con- viction of the justice and validity of the title of the United States, and State of Maine, to the full extent of all the territory in dispute between Great Britain and the United States. Resolved, That the Legislature of Maryland looks to the federal government with an entire reliance upon its disposition to bring the con- troversy to an amicable and speedy settlement; but if these cfibrts should fail, the State of Maryland will cheerfull}'' place herself in the support of the federal government, in what will then become its duty to itself and the State of Maine. 20 [Assembly Resolved, That after expressing the above opinions, the St ate of Maryland feels that it has a right to request the Slate "of Maine to con- tribute, by all the means in its power, towards an amicable settlement of the dispute upon honorable terms. Resolved, That if the British government would acknowledge the title of the State of Maine to the territory in dispute, and offer a fair equivalent for the passage through it of a military road, it would be a reasonable mode of adjusting the dispute, and ought to be satisfactory to the State of Maine. 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