Highlands. Summary of Claim of Great cre intended merely to represent lands which divide, here and there, waters flowing in opposite directions, we repeat our appeal to the true meaning of the term "highlands." It has now been shewn, on the part of Great Britain, and in support of her claim, in reference to the first branch of difference between her and the United States, relative to the point designated in the Treaties as the north-west angle of Nova Scotia. 1st, That the Bay of Fundy, as mentioned in the Treaty of 1783, is intended to be separate and distinct from the Atlantic Ocean; and that the River St. John, which falls into the Bay of Fundy, is intended, on that as well as on separate grounds, to be excepted from that class of rivers which are described in the Treaty as falling into the Atlantic Ocean; consequently, that the highlands described in the Treaty must lie to the southward of that river. 2dly, It has been shewn that at the period of the negotiations in 1782 the only ground assumed on the part of the United States for their claims to territory in the quarter now contested was that of the limits of the Province of Massachusetts Bay; that the utmost claim so founded extended only to the line of the River St. John; and that in the course of the negotiations that line was materially contracted, under which contraction the Treaty of 1783 was concluded. 3dly, It has been shewn that far within the line of boundary now claimed by the United States, necessarily on the same ground of having formed part of the Province of Massachusetts Bay, Great Britain holds an extensive hereditary Seigniory, indisputably Canadian, as having been granted by the Government of Canada, and having continued uninterruptedly subject to the jurisdiction of Canada from the year 1683 to the present day. 4thly, It has been shewn that Great Britain constantly exercised an actual and unquestioned jurisdiction in the country now claimed by the United States. from the period of the Peace of 1783 to that of 1814; and held during that period uncontested de facto possession of other parts of that country besides the hereditary Seigniory above mentioned. 5thly, It has been shewn that the highlands claimed on the part of Great Britain as those designated in the Treaty of 1783 conform, in every particular, to the conditions imposed on them by that Treaty; and, on the other hand, that the highlands claimed on the part of the United States conform neither in position nor character to those conditions. On all these grounds, Great Britain claims that the point designated in the Treaty of 1783, as the north-west angle of Nova Scotia, be established at or near the elevation above referred to, called Mars Hill; and that from that point the line of boundary of the United States be traced south of the River St. John to the north-westernmost head of Connecticut River, at the heads of the Rivers Penobscot, Kennebec, and Androscoggin; which rivers Great Britain maintains to be those intended by the Treaty as the rivers falling into the Atlantic Ocean, which are to be divided from those which empty themselves into the River St. Lawrence; such, or nearly such, as that line is described on the official map, denominated the map A, which is annexed to the Convention of the 29th of September 1827. Northwestern SECOND BRANCH OF DIFFERENCE RESPECTING THE NORTH- We now turn to the consideration of the second branch of difference bemost Head of tween Great Britain and the United States, as above stated, namely, the desigRiver. nation of the true north-westernmost head of Connecticut River as intended by Conecticut the Treaties of 1783 and 1814. most Head of In reference to this point Great Britain maintains, that the north-western-Northwesternmost head, intended by the Treaty, must be that head of the River Connecticut, Connecticut which, of all the heads of all its waters above the highest point, where it assumes River. the distinguishing title of Connecticut, or main Connecticut, shall be found to lie in the most north-westerly direction relative to the main river. Towards the upper part of the River Connecticut several waters flow into it from various quarters. Of these, two, namely, Hall's Stream and Indian Stream, both coming from the north-west, join the main river a little above the true parallel of 45° N. lat., which is the extreme southern point of the Boundary of the British possessions assigned by the Treaties on that River. The main River Connecticut, however, retains its name and comparative volume far above the junction of these two streams with it; as far indeed as a lake of some magnitude, denominated Connecticut Lake, which is succeeded, still higher up, by other lakes of smaller dimensions. The river which issues from Connecticut Lake, now bears, and always has been known by, the sole appellation of Connecticut River. Great Britain therefore claims the spring head of the most north-western water, which finds its way into Connecticut Lake, as the "north-westernmost "head of Connecticut River," intended by the Treaty of 1783, from whence the Boundary is to be traced down along the middle of that river to the 45th degree of N. latitude. Great Britain maintains, that no stream which joins the Connecticut River below any point where the river is known by that distinctive appellation, can, with any propriety, or consistently with geographical practice, be assumed to be the River Connecticut; nor, consequently, can the head of such stream be taken as a head of the river itself, being merely the head of a subordinate branch of the river, which branch is known under a separate denomination. If "Hall's Stream" or "Indian Stream" are, either of them, to be assumed as containing the true north-westernmost head of the River Connecticut, according to the definition employed in the Treaties, then, by a parity of reasoning, might the Moselle be considered as containing the south-westernmost head of the Rhine, and the Maine its most south-easterly head, and so on; for those rivers join the Rhine in the same relative manner, and are as completely the true Rhine, as the tributary waters "Hall's Stream" and "Indian Stream" join and are the true Connecticut. We adduce the example of the Rhine alone for simplicity's sake. But it is obvious that the same rule which applies to one river must apply to all; and if the American doctrine be admitted, instead of seeking for the northern, southern, eastern, or western head of any given river, at the point where the highest sources of the river so denominated are placed by geographers, and universally admitted to be, we must look all round the compass for the particular head of such river according to the specific magnetical bearing of it, which we may be in want of. Thus the heads of the Rhine, if designated by such magnetical bearing, must be searched for in different parts of Europe, instead of in the range of the St. Gothard mountains, where they have hitherto been taken to be situated. Yet we believe that no person will deny that in those mountains both the south-western, south-eastern, and all other heads of that river are to be found. So likewise are the various heads of Connecticut River to be found in the same relative position to each other, and to the river of which they are the sources. This point, however it may be involved in plausible argumentation, is deemed by Great Britain too evident to require further elucidation or argument. For a confirmation of the several facts above alleged, however, with reference to the position and specific denomination of the River Connecticut and its tributaries, as well as with a view to illustrate the Line of Boundary in Northwestern- that quarter respectively claimed by Great Britain and the United States, we Connecticut refer to the following documents hereto annexed. most Head of River. 1st. The Report and Survey of the British Astronomer, who was appointed Appendix, by the Commissioners under the 5th Article of the Treaty of Ghent to survey No.10,r,p.130, and Survey D. the district at the extreme head of the River Connecticut. 12. Map Aa, annexed. Appendix, The accuracy of that Report and Survey has been acknowledged by the Americans themselves. 2ndly. The British transcript of the map A, already adduced in evidence. In that transcript, the whole tract in dispute will be found laid down exactly according to the survey above mentioned, together with the adjoining parts of the Line of Boundary. 3rdly. A grant of land made in the year 1789 by the State of New HampNo. 40, p. 289. shire to Dartmouth College, in which the land granted is expressly described as being wholly "bounded by Connecticut River" on one side. The said land extends, however, along the river, above the mouth of Indian Stream. Therefore this document proves, by American authority, that this river is distinguished by the name of Connecticut in that part of its course, and considerably above the mouth of Hall's Stream, which, as we have seen, is claimed by the United States, as containing the true north-westernmost head of Connecticut River. Map C. annexed. To elucidate the precise position of this grant, we offer in evidence a map of New England, published in 1826, by Nathan Hale, an American citizen, in which the limits of the grant are laid down. We must observe, however, that we adduce this map, simply in illustration of that individual point, and by no means in support of the general claim of Great Britain in that quarter, however powerfully it might, in various particulars, be found to corroborate that claim; for we hold map evidence, on either side, to be altogether incompetent to enter into the decision of any question of contested Boundary, such maps alone excepted, as have been admitted as fit to be annexed to the Convention of the 29th September 1827, for the purposes therein specially declared. Before we quit this branch of difference, we think it not inexpedient to mention, that the American Commissioner and Agent under the 5th Article of the Treaty of Ghent, were actually at variance, as to the precise point at which the north-westernmost head of Connecticut River ought to be established; the latter having declared for " Hall's Stream," the former for "Indian Stream." In proof of that variance, an Extract from the Report of No. 41, p. 292. the Commissioner of the United States is hereto annexed. Appendix, It will be seen, by inspecting the Map A, that the American Government have adopted the views of their Agent, in preference to those of their Commissioner, by adhering to "Hall's Stream" as their Boundary now claimed. It may also be expedient to invite particular attention to the circumstance of the old parallel of 45° north latitude having been discovered to be erroneously laid down half a mile to the north of the true latitude on the River Connecticut. We advert to this fact more particularly, because the old parallel, in its course from the west, crosses Hall's Stream above its junction with the Connecticut River, and strikes the latter at a spot where a land mark was placed in 1772, as evidence of the Boundary between the then British Provinces of Quebec and New York. We shall see hereafter, in discussing the third branch of difference between Great Britain and the United States, that the United States object to the general rectification of the Boundary Line along the parallel of 45° north latitude from the Connecticut to the St. Lawrence. If, however, they apply that objection to the point of departure of that parallel on the River Connecticut, yet still maintain their claim to "Hall's most Head of Stream," as containing the north-westernmost head of the Connecticut, it is Northwesternmanifest that the Line of Boundary claimed by them can never strike the real Connecticut Connecticut at all, but must stop short at Hall's Stream; since it is only by River. adopting the rectified parallel of latitude, that the mouth of Hall's Stream can be made to join the Connecticut above that latitude. A reference to the Map A will at once elucidate this point. On all the grounds above adduced Great Britain claims that the northwesternmost head of Counecticut River, as designated in the Treaties, be established at the source of the north-westernmost stream, which flows into the uppermost of the lakes, which are above Connecticut Lake, that point being the north-westernmost head of waters tributary to the said Connecticut Lake, up to which the Connecticut River is known by that distinctive title: and that from thence the line of boundary be traced " down along the middle of that River to the 45th degree of North Latitude:" such as it is exhibited on the official map A. THIRD BRANCH OF DIFFERENCE RESPECTING THE LINE OF from the River Connecticut We now come to the third and last branch of difference respecting the Boundary Line Boundaries between Great Britain and the United States. That branch, as before stated, embraces the Line of Boundary along the parallel of 45° north to the River latitude from the River Connecticut to the River St. Lawrence. St. Lawrence along the pa We recite here such portions of the provisions of the Treaty of 1814 as have rallel of 45 reference to this point. NOT YET BEEN SURVEYED **** N. Latitude. "Whereas that part of the Boundary Line between the dominions of the Appendix, "two Powers, which extends from the source of the River St. Croix ***** No. 3, p, 12. "to the north-westernmost head of Connecticut River, thence down along the "middle of that river, to the 45th degree of north latitude; thence by a line due "west on said latitude, until it strikes the River Iroquois, or Cataraguy, HAS The said Commissioners ***** shall "cause the Boundary aforesaid, from the source of the River St. Croix to the River Iroquois, or Cataraguy, to be surveyed and marked according to the said provisions.” The Treaty of 1783, already cited above, provides, with reference to the point now under consideration, that the line between the British and American Possessions shall be described by a line drawn from the 45th degree of north latitude on Connecticut River "due west on said latitude, until it strikes the "River Iroquois or Cataraguy (St. Lawrence)." Of these plain and explicit stipulations Great Britain simply desires the strict and faithful execution. As it may appear singular that upon a provision so clear and intelligible any question should have arisen, it will be necessary to explain the proceedings which have already taken place relative to this matter between the British and American Commissioners who were appointed under the 5th Article of the Treaty of Ghent to carry that provision into effect. In the year 1818 the Commissioners under the 5th Article of the Treaty of Ghent, having already executed some portion of the general task assigned to them, in the direction of the river St. Croix, proceeded to order their respective astronomers to ascertain in concert various points of that part of the Boundary Line which is provided by Treaty to extend along the parallel of 45° north latitude, from the River Connecticut to the River St. Lawrence. Boundary Line In the expediency, as well as in the mode, of executing that service, both from the River the Commissioners fully concurred; and an instruction to the astronomers was the River St. accordingly drawn up to the following effect: Lawrence along the Parallel of 45° N. Latitude. Appendix, "That on the arrival of Mr. Hassler (the American astronomer) the astronomers of the respective Governments should proceed with the least possible delay to ascertain the point where the parallel of 45° of north "latitude continued due west from Connecticut River, will strike the River Iroquois or Cataraguy (St. Lawrence); and after that should be done, that they "should proceed to ascertain the said parallel of latitude at such other places "between the River Iroquois or Cataraguy and Connecticut River, as should be necessary to an accurate survey of the Boundary Line upon that parallel of latitude, in conformity with the provisions of the 5th Article of the Treaty of "Ghent, and of the 2d Article of the Treaty of 1783: and that the Agents of "the respective Governments should furnish to the Astronomers such further instructions, not inconsistent with that order, and also such assistants and labourers, and provisions, and other articles, as might be necessary to carry that "order into execution." This instruction proves that at that time, at least, that is, prior to the commencement of the astronomical operations above mentioned, there existed no doubt in the mind of the American Commissioner as to the propriety of instituting such operations. The Astronomers appointed for that service, both of them men of first rate scientific acquirements, entered accordingly on the task assigned to them, and had actually accomplished no inconsiderable portion of that task, by fixing the points of the true parallel of 45° north latitude on the St. Lawrence, and at No. 10. c, p 60. several intermediate spots between that river and the Connecticut, when doubts "h, p. 83. appear to have entered into the minds of the American Commissioner and Agent as to the expediency of continuing those operations; and the effectual prosecution of this survey, notwithstanding the repeated representations of the British Commissioner, was from that time suspended. d. p. 64. A cursory explanation of the circumstances which occurred relative to the actual operations in the interval between their commencement and the period to which we have brought them down, will be highly necessary in order to clear up this proceeding. From the reports of the Astronomers it appeared that the old line had been found by them to be in many places more or less defective, being laid down sometimes to the south, and sometimes to the north of the true latitude; and at a certain spot called "Rouse's Point," near the outlet of Lake Champlain, where the old parallel was found to be unusually inaccurate, there happened to be an important American fort which had been erected not long before at considerable expense, as a defence for that frontier. That fort, by the rectification of the Boundary Line, was clearly discovered to stand on British territory, that is, to the north of the true parallel of 45° north latitude. Under these circumstances the American Agent put forth a proposition to the following effect. In an argument delivered by that gentleman before the Board of Commismissioners in 1821, he contended that no fresh survey of such parts of the Line of Boundary as had been already heretofore laid down as a Boundary between the Provinces of Quebec and New York, while yet both British, was contemplated by the provisions of the Treaties above cited, those parts being considered as already sufficiently ascertained; but he asserted, that in those parts alone, where the line had not been already marked, a new survey was intended. The American Agent declared, at the same time, that if his viewwere not acquiesced in by the Commissioners, and if the question were still Extracted from the Report of the British Commissioner under the 5th Article of the Treaty of Ghent. |