Newspaper of Burlington Free Press, March 22, 1839, Page 2

Newspaper of Burlington Free Press dated March 22, 1839 Page 2
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NORTH BASTIiltN BOUNDARY. mi;, hi ciia.mam'b nUI'OHT. The Committee on Foreign Jielalinm. to which was referred the '-1)111 to provide J or surveying the northeastern boundary tine of the United States, according to the pro visions oj the treaty of pence of seventeen hundred and eighty three," have had the same under consideration, and now report : That llio first Fiction of this bill direcls "tho President of the United Status to cause tlio boundary lino between I ho United Stated and i lie ailjiccnt British provinces, from llio eotirco oi' the St. Croix rivor di rectly north to tlio highlands which divide the waters thai fall into thu Atlantic ocean from those winch lall into llio river Si. Lawrence, tlienco along said highlands from the northwest angle of Novn Scotia to the north westernmost hand nT Connecti cut river, as particularly defined in the treaty surveyed and marked, unci euitnblc monuments lo bo creeled I hereon, nt such points as may be deemed necessary and important." The second section provides for tho np poinlment ol a commissioner and surveyor by the Prokincnt, by and with t he advice and consent or inn bonalo, "Wlio may cm ploy ftich assistant, under tho direction of tho" 'resident, ns s hall bo ncceseury, mid who shall make an exact return of their proceedings to the President, with a cir reel map of tlio country over which said lino passes, exhibiting tho prcminnnt points of its topography nnd the location of tho marks nnd monuments by them in a do and orccled. Tho third nnd last section merely pro vides for tho compensation of the com missioner and mi vcyor. This bill, then, proposes that Congress shall create a commission, independently of Great Britain, to run nnd marl: tho north eastern boundary of tlio United Slates, con terminous with Ihat of New Brunswick and Canada, providers of tho British em pire. It nsks no previous consent from Great Britain ; it docs not require thai Great Britain should beeoma n party to the survey ? and yet that o'liintry has n com mon interest with tho United Slates in the correct establishment of this boundary, according lo tho treaty. U would be premature and inexpedient, llio committee lielievo, to resort to such a course of sepa rate action towards n neighboring and friendly power, bulwocti which and llio United Stoles there in n reciprocal desire to maintain the most friendly relations, until every other menns of amicably adjust ing the dispute tliall bo exhausted." Before the committee- could recommend the adop tion ofsuch a measure to the Senate, they ought to be satisfied, beyond n reasonable doubt, first, that the United Sloteo have o clear title to the disputed territory which would bo embraced within their limits by the proposed survey: arid, secondly, Ihat no other and more friendly expedient re trains untried of bringing this long pend ing controversy to a conclusion. Tho committee will, therefore, proceed to consider tho question under this two fold aspect. And, first, in regard to our titlo. This titlo depends altogether upon the correct construction ofthe definitive treaty of penco between the United States and his Britannic Majesty, concluded at Pant on.lb",,1,'1',! day of September, one thout ""ViKi seven hundred and thirty.tbrco. By tho first article of this treaty, "his Britannic Majesty acknowledges llio said United States, viv. : New Hampshire. Mas sachusetts Bay, lino. to Island and I'rovi dence Plantations, Connecticut, New York New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, nnd Georgia, to bo frec,Bovcreign nnd independent Slates: that ho treats with them as such; and for himself, bis heirs, and successors, relinquishes nllcluims to tho Government, property, and tcrrito rial righto of the 6amc, and every part thereof." Tho United States had declared their independence nlmost seven years previous to the date ol the treaty, I liey had mam tained this declaration before tho world end the treaty is not only a solemn recng nition of that indcpeiidcnco by Great Bri tain, but on express acknowledgment that eho treated with them as free, sovereign and independent States. Wo were equals treating with an equal. Great Britain was not a superior assigning Icrritory to an in ferior. No superiority was claimed on ihc one side, or would havo been acknowledged on the other. Great Britain then claimed no such prerogative as she now asserts, of nssignwg an appropriate boundary to tho United Slates, as a new power, lormcrly under her dominion. the treaty must therefore, bo construed as a solemn agree mcnt entered into by one sovereign nnd independent nation with another, equally sovereign and independent. It was nnt nccessaiy expressly to hav prescribed tho limits of tho United Stales by tho treaty. At its dato, the boundaries of each of tho thirteen Slates wcro well known. The first article acknowledged each of them to be sovereign and indepen dent, and relinquished "all claim on the part of Ihc British King to tho Govern ment, propriety, and territorial rights of iho same, and every part thereof, " and this would have been sulficicnl. The commissioners who framed the treaty wore, however, not content with such a general recognition. Its second article proves their desiro lo prescribe Ihc limits of our boundary in a manner so pre cise and specific, as forever lo prevent nil disputes upon llio subject. This second articlo is as follows : Am 2. "And thai all disputes which might arise in future, on the suhjcil f the boundaries of the said United Slates, may he prevented, it is hereby agreed and declared, that Ihc following are, nnd shall ho, (heir boundaries, viz : from Ihc northwest angle rf JVova Scotia, viz. that anglo which' is formed by a lino drawn duo north from the snurco of llio St, Croix river to the high lands which divide llioso rivers ihat empty themselves inlo llio rivor St. Lawrence frnm thoeo which fall into the Atlantic ocean, to the norlhwcstcrninost head of Connecticut river," &c. Ii is unnecessary hero, to repeat any more of the treaty den" criplion. In every delineation of territory, the all imsorlont point is to fix llio placo of begin, ing with the greatest possible precision and certainty. To prevent all dispute thcro I after, this was dono by tho commissioners I "Tho uortwost angle of Nova Scotia" was a well Known point, llns can uu cinany established by the moat authentic official documents, which it will conclusively op penr from thu highest intrinsic evidence, were before the commissioners nt '.lie tune they formed the treaty. It is true that this point had never been fixed by actual sinvoy, nor was it marked by the erection of any monument j but thai it could bo found upon thu f; round at the intersection. This northwest angle of Nova Scotia, which was notorious, although tho very spot had not been ascertained, was fixed upon as thu place of beginning of our boundary, in urder to prevent nil future disputes ; nnd yet, strange ns it may appear Ibis is llio very point now cnulcslod by the British Government. Whether with nny good rensou, it will bo the task of the commillcn to inquire. It is ngrccd by both parlies that tho map, celled Mitchell's map, a copy of which is annexed lo this report, was tho one used by the commissioners at tho formation of tho treaty. It wns published in 1753, and bears upon its face an oilicial stamp; having been undertaken with the approbation and at Iho request of the Lords Commissioners for Trado and Plantation's. Whoever may inspect Hits map will, at once, perceive tho natural formation of that region. The river St. Lawrence runs from tho south. west towards tlio northeast: whilst nu merous tributaries rising in the highlands to the south of it, nnd. passing north through Us valley, empty tlicuiEcives into Iho mam stream. These tributaries aro nil in'ces sarily short; because the highlands from which thev flow run at no rreat distance from thu river, and in parallel direction lo it, throughout its whole course. From llicso highlands, on the south, proceed the licail waters or the Connecticut, and An droscoggin, iho Kennebec, the Penobscot, tho St. John, nml the IlUligouchc. all iwing inlo the Ailanic ocean, through lifiorcnt bays. And here il may be ob served, Ihat llicro is not a single stream. which rises on the south side uf ihese high lands, throughout this whole region, which docs not first empty itself into some Allan tic bay; not one of ihom flows directly into the mam ocean Such is thu uaiural for ma' ion ! Highlands running in a r.arallel direction with the St. Lawrence, and di viding tho el reams which fall into Ihat river on tho north, from those which seek the Atlantic ocean in the south. In 1755 when Mitchell's map wns published, the British possessions in North America did not extend nortli of the S'. Lawrence. At that period, it will appear from the map that the northwest angle of Nova Scotia was lo be found on the St. Lawrence, nt the point intersected by the lino riming luo nortli Irorn llio source of ihc St. Croix. This no' th line is distinctly marked upon map. Un Ihc west of it, (ho words "Now England" aro printed in largo letter, nnd on the cast "Nova Scotia." If this map wcro, nlone, to be Iho euido. and if ihc placo of beginning of our boun. uary, mentioned in tho treaty, had been simply "he northwest anglo of Nova S'co tin," without further qualification, the Stato of Maine would have extended to tho Si. Lawrence. In wlui manner was this northwest angle of Nova Scotia brought as fai aoutii as the highlands separating the ilrenms which flow in oppesito directions to the St Lawrence and to tho Atlantic? In February, 1 703, Great Britain acquired Canada trom r rnncc by treaty. Canada, New hngland, and Novn Scotin being then all subject iu iho British Crown, the Kmc thought proper, in creating iho province of Quebec, to extend its limits south of the St. Lawrence, so ns to include the valley ol tli a river, Tho reasons were obvious eucuec, too cent ol uovcrnmoiK, was suuato on us northern more u was one ofthe most important cities iu North Atnori ca, and iho trade and business of the pcoph along iiio numerous sireams winch thwed into the St. Lawrence from the highlands south of it, would naturally centre, there. Besides, ii was obviously convenient thai the limits ofthe different provinces should bo regulated, as far as practicable, by the course of tlio rivors; and it would havo been highly inconvenient that the valley south of lie St. Lawrence, within sight of capital of the provinco of Quebec, and no ccssarily having constant intercourse with the opposite shore, should continue ntach rd to rcmoto and difnnt Governments. The King, therefore, by his proclamation. dated on llio 7lh of October, 1 7C;t, declared that the Government of Quebec should bu bounded, south of the St. Lawrenso, bv a lino crossing that river and the Lake Cham plain, in forty-five degrees of north latitude and passing "along the highlands which divide the rivers that empty themselves in to Iho sen, and nlso nlong "the north coas of ihc Bay des Chaleurs and iho coast of the Gull of bt.Lawrcuco.to Capo Hosiers " Thus tho province of Quebec was extend cd south, so as to include the vale of the St. Lawrence, and its southern line wns fixed along the highlands from whence its tributaries flowed. New England nnd Nova Scotia wcro deprived of thus muoli o their former territory; but Ihoy siill retain cd all that portion of il watered by streams whoso sources were on the south sulo of these highlands, and which emptied them selves into the tea. This was a natural and prnpor division. Alter tho dntc of this proclamation, whero was "the noilhwett angle of Nova Scotia" to bo found? Can doubl or difficulty rest upon this question ? We must look for it on the line running north from tho source of tho St. Croix, at the pnmt whore his line intersect tho southern lino of tho piovinco of Quebec, " running along the highlands whichdivdo the rivers thai empty tlioin. selycs into ho said river St. Lawrence, from thoso which full into ho sen." Thii point is, nud necessarily mutt bo. the north west nnglo of Novn Scoia. 1 is demon htrntinn iself. To run these two well de scribed lincB upon ho focn of ho earh, is to ascerain hat angle. Th,; commission erp, therefore, who formed he treaty, well nnd wisely placed tho beginning of our bnuudiry nn point which could ho render rd absolutely certain, by merely running these two lines. Those, who choose to examine Mitchell's map, will find thai the duu north lino markad upon it from iho sonrco of ho St. Croix, crosses the southern line of tho provinco of Quebec, iu tlicen dividing highlands, about the forty eight dogreo ol north lotiudo. MWIWMIH!.,,,!,, But tho British Government deemed if proper to fix the boundaries of no province of Quebec, even with more ao'enmity limn by royal proclamation. This vas done by an act ol I'nrliamcnt passim in tho year 177 - 1, "for making more cfiectoa) provision for the Government of tho provlnco ol Quebec, in Nortli America." By this act, the separating boundary bclwcJii that prov nice on the north, and Nova Scotin and New Etig'nnd on the south, wnj t-lill more clearly nnd distinctly defined tian it had been in the proclamation, The following language is coploycd. to wit: "hounded on the south by a lino from tho Bay of Chaleurs, along the highlahd- which divide tho rivors that oupty them selves inlo the river St. Lawcuco, from those which fall into tho sea, lo a point in foriy.fivo degrees of northen 'atitudc on tho (.'astern bank of tho rivor Uotnuclictit." In both Iho proclamation, andlho net of Parliament, the dividing highlaids arc de scribed in the very same language. "The highlands which divide the riven thai emp ty themselves inlo iho river St. Lawrence, from thoso which fall into the tea," The termini of this boundary arc inoio precisely fixed by the act of Parliament than by the proclamation. This act mnkestho south, cm point of tho line commcnio on the ea6lcrn bank of the river Conieclicut, in latitude forty-five, nnd torinimtu ut the nay ol Lhnlcura. lis oxtrounii's are two well known natural objects. Phis bay is in latitude about forty eight. The act of Parliament seems to have lion prepared with great deliberation. It wis intended to fix the boundaries between vast prcv inces ol the same empire; ut.d no act of legt-lntion domnnds creator rare and at tention. The Buy of Chaleurs in the nortli, in latitude forty-eight, nod a mini on the Connecticut, in latitude forty-live at. the south, were to he the two cxtrnnitics : nnd the inlormcdialc line was lo pass along the highlands running between these two points', which divide the rivers that empty themselves into the St. Liwr:nco on the one sido, from those falling nto thu Eea upon tho olhor. Afler this ait of Pnrlin meni, is ii possioic to conceivj ot a more extraordinary pretension, t tit n it would have been in (he Government of Quebec to havo claimed jurisdiction, not only to tiicsc iiiviiiiug ingiarids who ice stream fbw into the St- Lawrence, bit a hundred miles south and cast of llicm, embracing a region o! country watered bv a lan'o river b'. John, nuil Us uumerout tributaries flowing into llio sea? Such a alaim would havo broken down the harriers between these provinces, erected with si much care by tho net of Parliament, nnd made river running norm inio mom. Lnw.cuce. mean the satin thins ns rivers runiiimr south into the ocean. Anil yet the prcsmt altciunl of Ihc British Government to make Mars hill the northwest anglo of Nova Scotia rests upon no ether or better principle will bo yhown hereafter. 1 ho commissions of tho difi'ercnt Gov cmors of Quebec, in describing ihc bound urics of their jurisdiction, fullo-.-cd the Ian guagenftho proclamation of 103, until alter the passage ot the act of Parliament in 1774. Iho first commission which sub scquenlly issued wasio Guy Carlton, Esq m ino same year, anu it miosis ! c an gunge cf that act. The southern bruits of his jurisdiction arc described in tin lanac "to boa line from tho uiy of Chaleurs, along the highlands which ilividotho rivers that empty themselves into tho river St Liawrcnco from those which fall into tho sea.to a point in forty-fivo decrees ofnorth cm lauiuuo, on tlio eastern bank of tho river Connecticut." Thus this province nan inr ns eouuiern uouniiarv Ii u?h and dividing streams running in opposite dircc lions between o bay and a fixed nnint on river, was over boundary better defined It would be a waste of time to recite the numerous commissions which havo issued to the Governors of Quebec, of Nova Sco tia, and, alter this provinco was divided 17!M,o(Now Brunswick; all spec kin the same language. The western limit of Nova Scotia, mid afterwards of Nn.v Bruns wick, is uniformly described to run from that point where a lino drawn duo north from the source of the river 8t Croix would tntorsect the southern boundary of Quebec, and from thence "to tho uortlnrard by the said boundary ns fnr ns the woMcrn ex Iremi'y of the Biy dca Chaleurs." These commissioners placo ihc natural constitu tion upon one expression, which, in the act of Parliament, nt first view, mifcht nppcar vnruo, In it llio Bay of Chaleurs is men toned gcnernlly, without n Fptcial refer once to nny particular part of it, though from the whole context the evident mean ing was, the wcptern extremity of thai hay. The commissions to iho Governor of Nova Scotia, and afterwards New Brunswick, render this cortain, by spocifyiti" "the westorn extremity of the Bay dis Cha leurs." Eiough has already been shown to fix with precision what was iho acknowledged southern boundary of the provinco of Que bec nt tho data of the treaty m 7,;3, and what it has remained over since. It was then clearly known in have k-.m n lino from tho western extreinilv of thn l!nv ol Chalcur?, lo n point on the eastern hank of llic Connecticut, in latitude forty. five, and running along Ihc highlands dividing tho tributaries of iho Si. Lawrence, from the sources of strennis, flowing into the sen. Where, then, was the northwest onolo of Nova Scotia known to bo al the dato of the treaty ? Without going back to the creation of mis province, in 1021, by Jamcsiho First, which (ho notninitico deem unnecessary, though it would add btrength to the argu ment, they will content themselves with a reference to the first cntumisnon which wns isued In the Governor of Novn Sco tin, Ihc dale of Iho proclamation oflllGS. Boluro the proclamation, this provinco, as woll ns Now England, had oxiendid north In iho Si. Lawrence. Afior itsdalo.il was necessary to make the cunnnssioiis of the iioveruors correspond with the exten sion ofthe province of Quebec south of that river. Accordingly, Hie royal com mission to Montague Wilmut, Emi , bear ing dnlo on tho 21st November, 1703, Inn ils and rostrums tho province of Quebec, thus i "To Ihc northward uur said prov mcc shall be bounded by Iht southern bound ary tfour province of Quibca as far as the wes tern cxtrcmitij of (he Hay des Chaleurs;" nud again, to tho westward "it slinll bo bounded by n lino drawn from Cape Sablo, across tho entrance of tho Bay of Fundy, I

In tin, mmilli nt llm riun, ( Hrniv .,, n.. said river lo its smcc, and bu a line drawn - "y mv due north from thence lo the southern bound ary of our colony of Quebec." The next commision, which issued to Lord William Campbell on tho 1 1th August, 1765, clinu. ges this description only by commencing with iho western instead of tlio northern line, thus: "On the westward by a line drawn from Capo Sable across tho entrance of tho Bay of Fundy, to the mouth of tho river ,jI. Croix, by Vic said river to its source, and by a line drawn due north from thence to the southern bourdary of our col' any of Quebec, to tho northward by iho said boundary as far as the western exlrcmnly of Iho Bay des Chaleurs. "In every commis si on which has issued since to all tho Gov ernors of Novn Scotia, and afterwards of Now Brunswick, the satno identical lan guage has been used. On the 29th day of July, nli'2, but four months previous lo Iho conclusion of ihc provisional treaty of pcaco witli Great Britain, the commission granted lo Governor Parr describes tlio limits of Nova bcotta in precisely tho same manner. And hero it may be propor lo obs'uve, I hut the St. Croix has since been sccrtninud by a joint comniision of thn two Governments, and u monument has been creeled at its source. Were not, then, Ihc comissioners who framed the treaty fully justified in the con viction, that when they e.-tnhli-lieil the point of brciuning of the boundaries be tween the United Stntcs nnd Great Bri- t inn. nt. "the northwest nnglo of Novn Scotia," Ihey were fixing it al n point long known and well established ? To render assurance doubly certain, however, Ihey describe where it is, in tho very language winch had been unilorunly used by the British Government in proclamations, in acts of Parliament, nnd in numerous com missions lo the Governors of Quebec and Nova Scotin," tays tho treaty, "is that angle which is formed by a lino drawn due north from l he source ol St. Croix river to the highlands." To what highlands? Tho treaty answers, "Ihc highlands which divide those rivers that empty themselves into tlio river bt, Lawrence, from those which fall into the Atlantic ocean." The northwest angle of Nova Scotia, then, is lo be found in these highlands, at the point where tho dividing due north line between New England and Nova Scotia, which commences at the source ofthe St. Croix meets l he southern boundary of tho prov nice of Quebec. 1 ho act of Parliament ol 1774, was doubtless before tho cointnis sioncrs. I licv use Us very lantiuaiie in the treaty. "Along tho highlands which divide tho rivers that empty themselves into the river bt. Lawrence, from those which fall into tho sea." Tho only change ot this language in tho treaty is that "iho Atlantic ocean" is substituted for "the 9ea." Both aro ovidently intend ed lo convey the snmo meaninir. The solicitude ofthe commissioners lo preserve this highland boundary throughout between the two nations is manifest. Under the act of Parliament, the southern extremity of this lino is described to bo "a point in forty-fivo dngrces of northern latitude, on tho eastern bank of tho river Connecticut hi tho treaty il is 'iho north westernmost head of Connecticut river." From thenco the treaty lino runs ' down along tun mid die of Ihat river, to tho forty-fifth degree of north latitude." Thus tho British government surrender cd that small portion of the province of Quebec between iho nortli westernmost head of Connecttcul river and the forty filth degree of north latitude, in order to have a continuous highland boundary from thu northwest nnglo of Novn Scotia lo ihc source of the norlhwcstcrnmost bend ofthe Connecticut. To accomplish this object, a part of v. hat had had been taken from New England, when the province of Que bec was established, in 1773, has been re stored by the treaty. The great nui nose was, that the entire line should consist of the highlands, "which, in tho lanua"o of Hi treaty and the act of Parliament, divide those rivors which empty themselves into the rivor St. Lawrence from those which falj into the sea" or "Iho Atlantic ocean," The committee will now proceed to show what was the construct ion placed upon ibis treaty fifteen years after its ratification, by solemn olficiil declarations of high and re sponsible agents of (ho British government. To render it more manifest that thoso declarations are wholly inconsistent with the present claim of Great Britain, it will bo nccessaiy 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 peport, nnd embra ces about one third of its whole territory. This red line leaves the duo north line frnm the mouth of tho St. Croix, at the distance of forty miles from tho monument there erected, and one- hundred miles south of the north west anglo of Novn Scotia, marked A; am' thenco passes to Iho west ward, not along highlands which divide the rivers ihat empty themselves inlo ihu St. Lawrence from those which fall into the Atlantic ocean, according to tho terms of the treaty, but along highland- dividing Iho rivors which flow into Iho St. John frnm I hose which flow into Iho Atlantic. The-e highlauiN are far south of iho St. John; nud if the Brili.-h ahum cniild be established, thu whole of that river from it', source to ils mouth, with nil its branches, would bo within BrUii territory. Now if il enn bo demonstrated Ihat ngents of high character, acting under tho express autho rity of the British Government, several years nfior the date of Ihu treaty, hnvu ex pressly admitted, in their olliciararguments and correspondence, that this north line, from the source ofthe St. Croix, not only crosses the St. John, but runs as far north as the sireams emptying into the bay of Chaleurs, what ought o bo thought of this recent pretension i A sliorl time after tho conclusion of tho treaty n question arose between Iho two govornmenls what river was intended by the Si. Croix of Iho treaty. Iu order to determine this question, commissioners were appointed under llio fifth article ofthe treaty of 1794, commonly called Jay's trea ty , Ward Chipman Ejq, ihc agent of the Uritish government contended thai iho truo source of thu St. Croix, wns at tho head ol the Scoudiac Lakes, at tho point marked W. on tho second map. In his argument in .797, to establish this position and to defeat the position taken bv il,n f-! o.,a tin nx n r nK.ql v nrl.l, . . nnt III tin'' - --...no iiiul i ' in,,, rfroni tho source of iho Croix lo tho treaty highlands ntusl of necessity cross the rivor St. John." Admitting this fact, his leaning purpose seemed to have been to remove this lino as far west as ho could, so that it might cross the St. John at as great n distance from its mouth as possible, anu mm embrace as much of its course as was attainable within British icrritory. In prosecuting his argument he says, "bul w a north line is traced from the Clieputnatccook, (as insisted on by the U Status. It will not only cross the rivor St. John about a fifty miles from Frcdericton, the mntropolis of New Brunswick; but will cut off I lie sources of tho rivers which fall into tho bay of Chaleurs, if not of tunny others, probably the Mirramichi among them, which fall into iho (iulf ofSl. Law rence." Thus it appears that, iu 1797, the Uritish government had never thought of contending that the highlands of the treaty were to be lound south oi the St. John, or even south ot tho sources of tho streams which empty into the Bay of Chaleurs. llobort Listen, b-q. at tlio time of these proceedings, was his Brillanuic majesty's minister to the united btalcs. Ho was consulted by Mr Chipman on I he propriety of occeeding lo n proposition made to him by the ngnnt ol Iho United SlntfS. Phi proposition need not be Mated. Mr Liston in his reply, dated at Providence, on the 23d of October 1790. ndvt.-es Mr. Chin man to nceeed to the proposition, bncnusi "it would give an addition of territory to the provinco oi INew Jirunswick, together with a greater extent of navigation on St John's river." 1 he ISritish government now claim the whole river and all its tnbu taries from ils source to ils mouth. The committee might here enumerate, if they deemed il noccs?ary, thu nume nu maps of this region which wen; published in England, between tho proclamation of 1703 and the treaty of 17!i3, nnd subso quently until after the treaty of Ghent in 1UI4, embracing a period of more than half a century : in all of which, without a single exception known lo the committee, the western line ofthe province of Nova Sco ua, ancrwarus incw urunswicl;, crosses the river St. John, and the northwes'cru anglo 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 communication within their own territory between their provinces of Nova Srotia and New Brunswick, and tho city of Quo bee. It will, he seen from an inspection of the map No. 2, that tlu territory in the state of Maine, now in dispute, intercepts this communication. It was one object of me uriush commissioners al Uhcnt lo oo tain a cession of this territory. They did indeed make a faint and feeble su"restion that our title was doubtful ; but. this wa rot seriously urged. As the occasion wa solemn, and the object ono ol great impor tance, can any person supposu thai if thev had even entertained doubts, where " th northwest angle of Nova Scotia" was be found, they would not then havo ear nest ly insisted on the pretension which ihey now so seriously maintain i From the nam oi me ircniy w i u.i, until the con ferctiuos at Ghent in IBM, during n period of more than thirty years, our' title was unquestioned, as il still remains unques iionauic. In a protocol of August C, W!I4, Iho British commissioners stated tho followm as ono among other subject, upon which it appeared to them, that the discussion between ihcnvclvea and tho American comini?sinncrs w"buld he likely to turn : " A revision of the boundary lino between the British and American territories, wit Ii a view lo prevent future uncertainly and dispute." In a note ofthe British to the American commissioners of tho same dale, ihcv spe cify more particularly what they mean by tins general propo.-ilion; nud in conclusion slate, "II Ibis can be adiusted, thcro w then remain for discussion tho arrangement of the northwestern boundary between Lake Superior and the Mississippi; free navigation of that river ; nud uinh variation oi mo lino ot trtnitiur as mav se cure n direct communication between Quo bee and Halifax," Il will be perceived that they do not propose to ascertain and fix n hue previ ously agreed upon by Ihc treaty of 1703, but "to vary that lino in such a manner as to secure a direct communication between Quebec and Halifax. ThN was in sub stance a proposition to obtain a cession of territory nnd was so considered by the American commissioners. Accordingly on tho 25th of August 1014, they replied thai "ihey had no authority to cede nny part of the United States ; and lo no Mipulation to that effect will ihey subscribe. " On tho4ii September 101-1, tho British commissioners obsrrvo that they are una ble to reconcile this declaration with I he hlatement previously made by the Ameri can commissioners, "that Ihey were iu blructed to treat for (ho revision of their boundary lines," "although the proposal left it open lo them the American com missioners to demand nu equivalent for such cession cither in frontier or other wise.' Thoy then proceed lo insinuate the first doubt in regard lo our title, in the follow ing language; "The American plenipoten. mines must be aware that ihc boundary of tho district of Maine has never been "cor redly ascertained ; that the one nsorled at present by the by ihn American govern ment, by which the direct communication between Ilnllifax and Quebec becomes in terrupted, was nnt in contemplation of the British plenipotentiaries, who concluded the treaty of 1703; and that the greater part of the territory in question is actually unoccupied. 1 ho undersigned ore persuaded that an arrangement on this point might bo easily made, if entered into with iho spirit ol conciliation, without any prejudico lo the interests ol the District in question." I Ins nolo contains tho first intimation ever made by Great Britain of any doubt as to tho title of Ihc U. States to iho dis - puled territory. The British commission. ers first endeavor lo obtain it by cession; and, failing in this a'.tempt, they intimate, raihcr I tin 11 assert, a claim to il. 'Phis faint nrolension was nromntlv re (polled by iho Amorican commissioners in iVe of lnbor OJO.ond It is 10 l,icm l'lnt the committee should nrn.ennl llmir irinux I.. ,1... I '""I meir own language. With regard to the CQSRimi nT n nnrt (if Ihc district of Maine, as to which tho Brit ish plenipotentiaries aro unable to recoil, cilo tho objections niaduby the undorsincd with their previous declaration, Uiey havo the honor to observe that ol the conforonco f the lh ult, Ihu British plenipotentiaries Mated ns ono of the subjects" suilablo for uiscussion, a revision ol tho boundary lino between tlio British and American territo ries, with a view lo prevent uncertainty and dispute; and that it was on the point thus stated, that thu undersigned declared Ihat they were provided with instructions irom uicir Government; n declaration which did not iinnlv ilmi thev wcro instructed to make nny cession ol territory in any quarter, or to agree lo a revision of tho line, or to any exchange of territory wiiuio nu uncertain v m i knnln rvulml. I'hc undersigned perceive no uncertain! v or matter of doubt in iho irca(y 0f 1703, un rospeci 10 mm part ol the boundary ot tho District of Maine wliieh u'nolil bu fiVctcd by the proposal of Great Britain on thai subject They never havo understood lhal the British plenipotentiaries, who sinn- d Ihat trenty.had contemplated a boundary d'flerent Irom that fixed by tho treaty, anil which requires nothing more in order to bo definitely ascertained, than to bo sur veyed in conformity with its provisions. 1 ins subject not having been n matter ot uncertainty or dispute, the undersigned aro not intrucicd upon it; and they can have no authority to cede nny part of tho Stato of Massachusetts, even for what tho Briti-h Government mighi consider a fair equivalent." I hree subsequent notes, one from tho British commissioners, dated 19ib Septem ber, 1 014, an answer from the American commissioners of the 2Gih September, and reply Irom the British commissioners dated Oth October, seem to hnvc contained all the subsequent correspondence on this subject. Iu this last nolo, they declare that "Ihc British Government never requir rd that all that portion of tho State of Massachusetts intervening between tho provinco of Now Brunswick' and Quebec, hoiild be ceded in Great Britain; but only thai small portion of unsettled country which interrupts the communication be tween Quebec and Halifax, there being much doubt whether it does not nlrondy belnngto Great Britain." Thus il appears Ihat in 1014, Great Britain would gladly have accepted a small portion ofthe dispu ted territory, by cession, nnd granted an equivalent therefor, either 111 frontier or otherwise ; nnd yet, slrnngcnsit mny seem, her claim has since grown lo such a mag nitude thai she now demands the whole by right, under the treaty of 1703. Uur commissioners nt Ghent, having successfully resisted every attempt for the dismemberment of Maine, ngrocd upon nn nrticlo with the British commissioners, not to revise or to change Ihc ancient treaty boundary, but to run and establish upon the ground that very boundary, without any alteration, and to nscorlion "the north west anglo of Novn Scotia," ils placo of beginning. This nrticlo is the fifth in the treaty. Under it, each parly appointed a commissioner. These commissioners disa. greed. Aou..Jin u i.u tro..tv Ih.-i quns- 1 it) 11 was then referred to the King ot tho Netherlands, ns umpire, whose nwnrd wns rejected by tho United States, because it did not even profess to decide tho contro versy according to the terms of I lie submis nion, but proposed n compromise, by a di v.sion of the disputed territory between the parties. Great Britain lus also sincu announced her abandonment of this award; and now, at the end of more than half a century afler Ihc conclusion of the treaty of 1703, the question not only remains un settled, but threatens to involve the two nations in a dangerous dispute. The committee will now proceed to stato the principles on which Great Britain rests her claim to the disputed territory, and to give them such an answer as in their judg ment they merit. Sho contends, in the first place, that the northwest anglo of Nova Scotin, mentioned iu the Ircaly, is to be found al Mars lull, in the line due north from the monument at tho source of tho St. Croix, and forty miles dsilanl from it ; and ihat the highlands of the treaty nro those running 10 the westward from that point, nnd dividing the sources of tlio strennis (1 iwing north into the St. John, and south into the Penobscot. A reference 10 nap No. 2 will clearly show Ihc extent of this claim, Great Britain contends, in Iho second place, 'hat, if this he not the true treaty line, it is impossible to find it ; that, then, the description uf ihc treaty would becomo void for uncertainly; and that no modo remains of terminating tliP4controversy, but liy abandoning the treaiy altogether, and agreeing upon a conventional line. The committee trust'ihot a sufficient an t-wer ha already been given lo this last proposition. Thev have endeavored, and t liny believe successinlly, (0 prove lli'i tho northwest anglo of Nova Scotia wa& a well known point, capable of being crasViy ascer tamed, ever since the proclamat mn of 1703, by simply running a duo north line from' the source of thu St. Croix, to intersect the southern line of tho provinco of Que bec, which consists of the highlands run ning from Iho weMern extremity or iho Bay of Chaleurs to the head of Connc-ticnt rivor, nud dividing those rivers thai ewMity themselves into the river St. Lawrence, from thoso which fall into the A'iuntio ocean. It is certain as the Inws of nntuc, thai these highland--, from which wo know that striamsdo flow in opposite dirclionj, can be found on Iho face ofthe country, In support uf the firr-t proposition, tho Government of Great Brtlain contends that, as the eastern boundary of the 1'. S a'eu runs "by a line to be drawn along iho nnd dloof iho rivor St. Croix. "row it rm'. in the Bay of Fundy, to n's source ,' and J ns the St. John, though nowhere mentioned , in Iho treaiy, has Us mouth nUn in the Hay of Fundy, that, therefore, the St. John is junta river which falls into tho Atlantic ocean, according lo the description of llio j treaiy. They assert, therefore, that, in , looking for tho highlands of the treatv. vou must search (or highlands south of thu St. John. This brings them far south to Mara hill ; and from thenco, westwardly, along tho highlands, marked in map No. 2. to tho western boundary of Iho Stalo of Maine, where they first reach the highlands which, as they contend, "divide those rivers that