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respectively into the St. Lawrence and into the Bay of Fundy, and even into the Bay of Chaleur, run with remarkable uniformity in directions almost exactly opposite, as if hastening away from a common origin, to their different destinations, by the shortest course. The only considerable exception to this is the northern sweep of the upper part of the St. John; but the smaller streams flowing into this part of that river from the west, still strictly obey the general rule. Now if from a certain general line on the face of the country, or as delineated on the map, rivers are found flowing away in opposite directions, however strongly it may be asserted that the mountains or eminences are but isolated elevations, it is, nevertheless, absolutely certain, that such a line does, in fact, define a ridge of highlands which turns the waters both ways.

And as the commissioners in 1783 had the map before them; as they saw the parallelism of the sea-coast, and the course of the St. Lawrence; as they saw rivers rising from a common line, and running, some north or north-west, the others south or south-east; and as they speak of some of those rivers as emptying themselves into the River St. Lawrence, and of the others as falling into the Atlantic Ocean; and, as they make no third class, is there a reasonable doubt in which class they intended to comprehend all the rivers, running in a direction from the St. Lawrence, whether falling immediately or only ultimately, into the Atlantic Ocean?

If there be nothing incoherent, or inconsequential, in this chain of remarks, it will satisfy your Lordship, I trust, that it is not without reason, that American opinion has settled firmly in the conviction of the rights of the American side of the question; and I forbear from going into the consideration of the mass of other arguments and proofs, for the same reasons which restrain your Lordship from entering into an extended discussion of the question, as well as because your Lordship will have an opportunity of perusing a paper, addressed to me by the Commissioners of Maine, which strongly presents the subject, on other grounds, and in other lights.

I am now to consider your Lordship's note of the 21st June. Before entering upon this, I have the President's instructions to say, that he fully appreciates the motives which induced your Lordship personally to undertake your present mission; that he is quite aware that your public life has been distinguished by efforts to maintain peace and harmony between the two countries; that he quite well recollects that your exertions were employed to prevent the late war; and that he doubts not the sincerity of your declaration that nothing could have drawn you from your retirement and induced you to engage in your present undertaking but the hope of being of service to your country and to our common race. And I have the utmost pleasure, my Lord, in acknowledging the frankness, candour, aad plain dealing which have characterized your official intercourse with this Government; nor am I permitted or inclined to entertain any doubt of your Lordship's entire conviction, as expressed by yourself, as to the merits of this controversy and the difficulties of the case.

The question before us is, whether these confident opinions on both sides of the rightful nature and just strength of our respective claims will permit us, while a desire to preserve harmony and a disposition to yield liberally to mutual convenience so strongly invite us, to come together and to unite on a line by agreement.

It appears to be your Lordship's opinion that the line of the St. John, from the point where the north line from the St. Croix strikes that river, up to some one of its sources, evidently suits both parties; with an exception, however, of that part of the Madawaska settlements which is on the south side of the St. John, which you proposed should be included within the British territory. That, as a line by agreement, the St. John, for some distance upward from its intersection by the line running north from the St. Croix, would be a very convenient boundary for the two parties, is readily admitted; but it is a very important question how far up, and to which of the sources of this river, this line should extend. Above Madawaska, the course of the river turns to the south, and stretching away towards the sources of the Penobscot, leaves far to the north the line of communication between New Brunswick and Canada. That line departs

from the St. John altogether, near Madawaska, and keeping principally upon the left or north bank of the Madawaska, and proceeding by way of the Temiscouata Lake, reaches the St. Lawrence at the mouth of the River du Loup.

There are, then, two important subjects for consideration.

First, whether the United States can agree to cede, relinquish, or cease to claim any part of the territory west of the north line from St. Croix, and south of the St. John; and I think it but candid to say at once that we see insurmountable objections to admitting the line to come south of the river. Your Lordship's observations upon the propriety of preserving the unity of the Madawaska settlement, are in a great measure just, and altogether founded, I doubt not, in entirely good motives. They savour of humanity, and a kind regard to the interests and feelings of individuals. But the difficulties seem insuperable. The river, as your Lordship remarks, seems a natural boundary; and in this part of it, to run in a convenient direction. It is a line always clear and indisputable. If we depart from it, where shall we find another boundary equally natural, equally clear, and conforming to the same general course? A departure from the line of the river, moreover, would open new questions about equivalents, which it would probably be found impracticable to settle. If your Lordship was at liberty, as I understand you not to be, to cede the whole or a part of the territory commonly called the Strip, lying east of the north line, and west of the St. John, considerations might be found in such a cession, possibly, for some new demarcation west of the north line and south of the river. But, in the present posture of things, I cannot hold out the expectation to your Lordship that any thing south of the river can be yielded.

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And, perhaps, the inconveniences to the settlers on the southern bank, of making the river the boundary, are less considerable than your Lordship supposes. These settlers are scattered along a considerable extent, very likely soon to connect themselves with whomsoever may come to live near them, and though of different origin, and some difference of religion, not likely on the whole to be greatly dissimilar from other borderers occupying the neighbouring territory. Their rights of property would of course be all preserved, both of inheritance and alienation; and if some of them should choose to retain the social and political relations under which they now are, their removal for that purpose to the north bank, drawing after it no loss of property or of means of subsistence, would not be a great hardship. Your Lordship suggests the inconvenience of dividing a municipality by a line of national boundary; and certainly there is force in the observation; but if, departing from the river, we were to establish to the south of it an artificial line, upon the land, there might be points upon such land at which people would live in numbers on both sides, and a mere mathematical line might thus divide villages while it divided nations. The experience of the world, and our own experience, shows the propriety of making rivers boundaries, whereever their courses suit the general objects; for the same reason that, in other cases to which they are applicable, mountain ranges or ridges of highlands are adopted for the same purpose; these last being, perhaps still more convenient lines of division than rivers, being equally clear and prominent objects; and the population of neighbouring countries bordering on a mountain line of separation, being usually thin and inconsiderable on either side. Rivers and inland waters constitute the boundary between the United States, and the territories of Her Majesty for some thousands of miles westward from the place where the 45° of north latitude intersects the St. Lawrence, and along this line, though occasional irregularities and outbreaks have taken place, always by the agency and instigation of agitators and lawless men, friends of neither country, yet it is clear that no better demarcation of limits could be made. And at the north-east, along the space through which the St. Croix constitutes the line of separation, controversies and conflicts are not heard of; but similarity of language, character, and pursuits, and mutual respect for the rights of each other, preserve the general peace.

Upon the whole, my Lord, feeling that there may be inconvenience,

and perhaps a small degree of hardship, I cannot admit that there is any cruelty in separating the Madawaska settlers south of the St. John, so far as political relations are concerned, from their neighbours on the north of that river. In the present state of society and of peace which exists between the two countries, the severance of political relations needs not to disturb social and family intercourse; while high considerations, affecting both the present and the future, seem to me to require that following natural indications we adhere to the St. John in this part of its course, as the line of division.

The next question is, how far upward this boundary ought to be observed, and along which of its branches. This question would be easily settled, if what may be called the main branch of the river in this part of it, differing from the general character of the rivers in this region of country, did not make a sudden turn. But if we consider the main branch of the St. John's that which has been recently usually so denominated, your Lordship observes that near the mouth of the Madawaska it turns almost at right angles, and pushes its sources towards those of the Penobscot. Contiguity and compactness of territory can hardly be preserved by following a stream which makes, not occasional windings, but at once so great a deflection from its previous course. The Madawaska is one of its branches or principal sources, and, as the map shows, is very much a continuance of the line of the principal river from the Great Falls upwards. The natural course would, therefore, seem to be to continue along this branch.

We understand, and indeed collect from your Lordship's note, that with whatever opinion of her right to the Disputed Territory, England in asserting it has principally in view to maintain, on her own soil, her accustomed line of communication between Canada and New Brunswick. We acknowledge the general justice and propriety of this object, and agree at once that, with suitable equivalents, a conventional line ought to be such as to secure it to England. The question, therefore, simply is, what line will secure it? The common communication between the provinces follows the course of the St. John, from the Great Falls to the mouth of the Madawaska, and then, not turning away to the south with the course of the main stream, identifies itself with that of the Madawaska, going along with it to the Temiscouata Lakes, thence along those lakes, and so across the highlands, to streams running into the St. Lawrence. And this line of communication we are willing to agree shall hereafter be within acknowledged British territory, upon such conditions and considerations as may be assented to. The Madawaska and the fore-mentioned lakes might conveniently constitute the boundary. But I believe it is true that in some part of the distance above the mouth of the Madawaska, it has been found convenient to establish the course of communication on the south bank of that river. This consideration may be important enough to justify a departure from what would otherwise be desirable, and the running of the line at some distance south of the Madawaska, observing natural monuments where it may be practicable, and thus leaving the whole valley of the Madawaska on the British side.

The United States, therefore, upon the adjustment of proper equivalents, would not object to a line of boundary which should begin at the middle of the main channel of the River St. John where that river is intersected by a due north line, extended from the source of the St. Croix, thence proceeding westerly by the middle of the main channel of that river, to a point three miles westerly of the mouth of the Madawaska; thence by a straight line to the outlet of Long Lake: thence westerly by a direct line to the point where the River St. Francis empties itself into the lake called Pohenagamook; thence continuing in the same direct line to the highlands which divide the waters falling into the River Du Loup from those which fall into the River St. Francis. Having thus arrived at the highlands I shall be ready to confer on the correct manner of following them to the north-westernmost head of the Connecticut River.

Such a line as has been now described would secure to England a free intercourse between Canada and New Brunswick; and, with the navi

gation of the St. John yielded to the United States, would appear to meet the wants of all parties.

Your Lordship's proposition in regard to the navigation is received as just, and as constituting, so far as it may go, a natural equivalent. Probably the use of the river for the transportation of the products of the forest grown on the American side of the line, would be equally advantageous to both parties, and therefore, in granting it, no sacrifice of British interest would be incurred. A conviction of this, together with their confidence in the validity of their own claim, is very likely to lead the two States immediately concerned, to consider their relinquishment of the lands north of the line, much in the light of a mere cession. It needs not to be denied, that to secure this privilege, and to have a right to enjoy it free from tax, toll, or other liability, or inability, is an object of considerable importance to the people of Maine.

Your Lordship intimates that as a part of the general arrangement of boundaries, England would be willing to surrender to the United States Rouse's Point, and all the territory heretofore supposed to be within the boundaries of New Hampshire, Vermont, and New York, but which a correct ascertainment of the 45th parallel of north latitude shows to be included within the British line. This concession is, no doubt, of some value. If made, its benefit would enure, partly to these three States and partly to the United States, and none of it to the particular interests of Maine and Massachusetts. If regarded, therefore, as a part of the equivalent for the manner of adjusting the North-Eastern Boundary, these two last-mentioned States, would, perhaps, expect that the value, if it could be ascertained, should be paid to them. On this point further consideration may be necessary.

If, in other respects, we should be able to agree on a boundary, the points which you refer to, connected with the ascertainment of the head of the Connecticut, will be attended to, and Captain Talcott who made the exploration in that quarter will be ready to communicate the result of his observations.

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The Commissioners from Maine to Mr. Webster.

Sir, Washington, June 29, 1842. THE Undersigned, Commissioners of Maine, have given to the letter of Lord Ashburton, addressed to you under date of the 21st instant, and by you communicated to them, all the consideration which the importance of the subject of which it treats, the views it expresses, and the propositions it submits to you, demand.

There are passages in his Lordship's communication, the exact extent of the meaning of which the Undersigned are not quite sure that they fully understand.

In speaking of the inhabitants on the south side of the St. John, in the Madawaska settlement, he says, "I cannot in any case abandon the obvious interest of these people." Again, in speaking of the proposition submitted by him, he remarks, "I have not treated the subject in the ordinary form of a bargain, where the party making the proposal leaves himself something to give up. The case would not admit of this, even if I could bring myself so to act."

If his Lordship's meaning is that the proposed boundary by agreement, or conventional line, between the State of Maine and the Province of New Brunswick must at all events be established on the south side of the St. John, extending from the due north line to Fish River and at a distance back from the river, so as to include the Madawaska settlement, and that the adoption of such a line is a sine quâ non on the part of the British Government, the Commissioners on the part of the State of Maine. feel it their duty as distinctly to say, that any attempt at an amicable

adjustment of the controversy respecting the North-Eastern Boundary on that basis with the consent of Maine would be entirely fruitless.

The people of Maine have a deep-settled conviction and the fullest confidence in the justice of their claim to its utmost extent; yet being appealed to, as a constituent member of the American Union, and called upon as such to yield something in a spirit of patriotism for the common good, and to listen in a spirit of peace, of accommodation and good neighbourhood to propositions for an amicable settlement of the existing controversy, they have cheerfully and promptly responded to the appeal. Her Governor and Legislature in good faith immediately adopted the measures necessary on her part, with a view to relinquish to Great Britain such portion of territory and jurisdiction as might be neded by her for her accommodation, on such terms and for such equivalents as might be mutually satisfactory. Beyond this nothing more was supposed to be expected or desired. During the negotiations at Ghent the British Commissioners in a communication to the American Commissioners, dated October 8, 1814, distinctly avow that "the British Government never required all that portion of Massachusetts intervening between the Province of New Brunswick and Quebec, should be ceded to Great Britain ; but only that small portion of unsettled country which intercepts the communication between Halifax and Quebec." So his Lordship in his communication admits that "the reasons which have induced the British Government to maintain their rights" (claim) "in this controversy" are, "the establishing a good boundary between our two countries so as to prevent collisions and dispute, and an unobstructed communication and connexion of our colonies with each other." Again, looking, as he says, on the map for such a boundary, "with reference to the sole object of Great Britain, as already described, the line of the St. John's from where the north line from the St. Croix strikes it up to some one of its sources, seems evidently to suit both Parties," &c. Indeed the portion of territory which Great Britain needs for her accommodation is so perfectly obvious, that no material difference of opinion, it is believed, has ever been expressed on the subject. It is that portion which lies north of the St. John and east of the Madawaska rivers, with a strip of convenient width on the west side of the latter river and the lake from which it issues.

Sent here, then, under this state of things, and with these views, by the Legislature of Maine, in a spirit of peace and conciliation, her Commissioners were surprized and pained to be repelled, as it were, in the outset, by such a proposition as his Lordship has submitted to you. On carefully analyzing it, it will be seen that in addition to all the territory needed by Great Britain for her accommodation, as stated and admitted by her own authorities and agents, it requires that Maine should further yield a valuable territory of more than fifty miles in extent, lying along the sonth side of the St. John, extending from the due north line westerly to Fish River, and so back from the River St. John, as it is understood, to the Eagle Lakes, and probably to the Little Madawaska and Aroostook. Speaking of this branch of his proposition, his Lordship treats it merely as" departing to this inconsiderable extent from the marked line of the River St. John." His Lordship does not state how much further up the river he contemplates going. His language implies that the distance to Fish River, although over fifty miles, is an inconsiderable part of the whole extent contemplated. This part of the proposition then, would seem to imply a relinquishment also on the part of Maine of a large portion of her territory north of the St. John and west of the Madawaska Rivers. In this view of the case it is due to the Governor and Legislature, and people of Maine, to say that they had not expected such a proposition. If they had, nothing is hazarded in saying no Commissioners would have been sent here to receive and consider it. And in this state of things it becomes a bounden duty on the part of the Undersigned to say to you that, if the yielding and relinquishing on the part of the State of Maine of any portion of territory, however small, on the south side of the St. John, be with Her Britannic Majesty's Government a sine qua non to an amicable settlement of the boundary of Maine, the mission of the Commissioners of Maine is ended. They came not to throw obstacles in the way to the successful

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