act of the "highlands" which form the southern boundary of that province, only in the use of the term "Atlantic Ocean" instead of the term "sea." In the proclamation and act of Parliament the description is "the highlands which divide the rivers that empty themselves into the river St. Lawrence, from those which fall into the Sea." Northwest Angle of The point from which the boundary of the United States was to be drawn along the "highlands" was designated in the instructions as the "northwest angle of Nova Scotia;" and this angle obviously was formed by the contact of the eastern boundary of the United States, which was also the western boundary of Nova Scotia, with the "highlands" running westward from the Bay of Chaleurs and forming in part the northern boundary of the United States and of Nova Scotia alike. But how was it that the "source" of the St. John could form such an angle? This question may be answered by looking at Mitchell's map, on which the River St. John, where it strikes the due north line from the source of the St. Croix, branches to the north as well as to the west, the northern branch finding its origin in a body of water called Lake Medousa, which lies on the same due north line, close by the head waters of streams falling into the River St. Lawrence. Here evidently was the "northwest angle of Nova Scotia” mentioned in the instructions. Congress. For the boundaries above outlined, and all Final Instructions of the countries and islands lying within them, the representative of the United States was instructed strongly to contend; but he was authorized, if the line to be drawn from the mouth of Lake Nepissing to the head of the Mississippi could not be obtained without continuing the war for that purpose, to agree to some other line between that point and the Mississippi, provided no part of it should be south of the forty-fifth parallel of north latitude. In like manner he was also empowered, if the eastern boundary as described could not be obtained, to agree that it should be adjusted by commissioners "according to such line as shall be by them settled and agreed on as the boundary 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." On the 15th day of June 1780 Congress adopted final instructions to Adams, Franklin, Jay, Laurens, and Jefferson, who had been chosen as peace commissioners, in which they were authorized "to secure the interest of the United States in such a manner as circumstances may direct, and as the state of the belligerent and the disposition of the mediating powers may require," "provided that Great Britain be not left in possession of any part of the Thirteen United States."" On the 16th of August 1782 a special comReport of Special mittee consisting of Messrs. Carroll, Randolph, Committee. and Montgomery made a report to Congress of certain facts and observations, which they recommended should be referred to the secretary for foreign affairs, to be by him digested, completed, and transmitted to the plenipotentiaries for negotiating a peace, for their information and use. In this report the historical facts of the boundary are reviewed, and it is said that the country called Sagadahock "cannot be proved to extend to the river St. John as clearly as that of St. Croix." It is stated, however, that in the altercation between France and Great Britain in 1751 the southwest boundary of Nova Scotia was asserted by the latter to be the Pentagonet or Penobscot River. Indeed, the chief if not the only uncertainty in regard to the confines of Nova Scotia, apart from that due to a lack of topographical knowledge, grew out of the rival claims. put forward by France and Great Britain with a view to enlarge their respective boundaries and limit each other's possessions. Negotiations at When negotiations for a treaty of peace between the United States and Great Britain were begun at Paris in the summer of 1782, Adams was detained in the Netherlands, Laurens had resigned his commission, and Jefferson had declined to serve. The United States were therefore represented by Franklin and Jay; Great Britain by Richard Oswald. On the 8th of October 1782, the very day on which Adams triumphantly concluded a treaty of amity and commerce and a convention Wharton's Dip. Cor. Am. Rev. IV. 504–505. 2 Secret Journals of Congress, Foreign Affairs, III. 161–171. See a report of the legislature of Massachusetts of October 27, 1781, laid before Congress November 17, 1781, on boundaries. (Am. State Papers, For. Rel. VI. 866.) See, also, Livingston to Franklin, January 7, 1782, Wharton's Dip. Cor. Am. Rev. V. 87-97. concerning recaptures with their High Mightinesses the States General of the United Netherlands, the peace commissioners at Paris agreed on certain articles in the first of which the boundaries of the United States were defined in accordance with the American commissioners' claims-on the north by the highlands, from the northwest angle of Nova Scotia to the Connecticut River; from the Connecticut to the St. Lawrence, by the forty-fifth parallel of north latitude; from the St. Lawrence by a straight line to the south end of Lake Nepissing, and thence to the source of the Mississippi; and on the east by a line to be drawn along the middle of the St. John River from its source to its mouth in the Bay of Fundy. The following note, however, was added to the articles: "Alteration to be made in the treaty respecting the boundaries of Nova Scotia, viz: East, the true line between which and the United States shall be settled by commissioners as soon as conveniently may be after the war." Oswald sent the articles thus amended to his Court for approval. "He thinks they will be approved there," wrote Franklin, "but I have some doubts. In a few days, however, the answer expected will determine. By the first of these articles the King of Great Britain renounces for himself and successors all claim and pretension to dominion or territory within the thirteen United States; and the boundaries are described as in our instructions, except that the line between Nova Scotia and New England is to be settled by commissioners after peace."2 Franklin's augury proved to be correct. After several weeks the articles were returned by Mr. Strachey, an under secretary, who was evidently charged to correct Oswald's yielding disposition. By this time John Adams had arrived from the Netherlands and assumed the functions of a peace commissioner. On October 30 and the three following days the nego tiators held formal conferences, at which Oswald was assisted by Strachey and also by a Mr. Roberts, a clerk from the office of trade and plantations, who endeavored to argue away the limits of Massachusetts.3 Adams was prepared to maintain the claim of Massachusetts to the St. Croix, but not beyond it, Wharton's Dip. Cor. Am. Rev. V. 806–808. 2 Franklin to Livingston, Sec. of For. Aff., Oct. 14, 1782, Wharton's Dip. Cor. Am. Rev. V. 811. 3 Adams to Livingston, Sec. of For. Aff., Oct. 31, 1782, Wharton's Dip. Cor. Am. Rev. V. 839; Amory's Life of Sullivan, I. 311. On the 5th of believing that to be the true eastern boundary. November Strachey returned to England with new articles that had been agreed on. In these articles the American commissioners, accepting the line described in the commission of Montague Wilmot, governor of Nova Scotia, in 1763, as the western limit of that province, agreed to take the St. Croix River and a line due north from its source as the eastern boundary, up to the point where it intersected the highlands dividing rivers falling into the Atlantic Ocean from those emptying themselves into the River St. Lawrence. From this point, which was designated as the northwest angle of Nova Scotia, the boundary followed the highlands down to the northwesternmost head of Connecticut River, and, proceeding down the middle thereof to the forty-fifth parallel of north latitude, followed that parallel to the Mississippi. It was, lowever, left optional with the British Government to substitute for the forty-fifth parallel in a part of its course a line through the middle of the Great Lakes. All the lines here referred to were marked on a map, and it was, says Fitzmaurice, "the loss of this map, with the line marked out as finally agreed upon, which led to the difficulties terminated in 1842 by the Ashburton Treaty"-the difficulties we are now discussing. To the "loss" of this map we shall advert hereafter. Treaty of Peace. 3 The British ministry, while not approving Conclusion of the the lines proposed for the boundaries, decided to close the negotiations rather than, by delaying a settlement till after the assembling of Parliament, incur the risk of bringing before that body the various questions at issue, and especially that of compensation for the loyalists. They therefore dispatched Strachey to Paris with a new set of articles, in which the alternative offer of a line through the middle of the Great Lakes was adopted, the rest Wharton's Dip. Cor. Am. Rev. V. 815, 851-852; VI. 112. Adams to Livingston, Sec. of For. Aff., November 6, 1782, Wharton's Dip. Cor. Am. Rev. V. 856. See, also, Id. 872-873, 875-876, 878; VI. 47; Fitzmaurice's Life of Shelburne, III. 294. "I despatch," wrote Strachey to the British ministers, "the boundary line originally sent to you by Mr. Oswald and two other lines proposed by the American Commissioners after my arrival at Paris. Either of these you are to choose. They are both better than the original line, as well in respect to Canada, as to Nova Scotia." (Fitzmaurice's Life of Shelburne, III. 294–295.) 4Life of Shelburne, III. 295. 5 Wharton's Dip. Cor. Am. Rev. VI. 72. of the boundaries remaining as previously settled at Paris. The new articles, which were communicated by Oswald to the American commissioners at a conference on the 25th of November, ended the discussion as to boundaries. The article on that subject was embodied as Article II. in the provisional articles of peace which were signed November 30, 1782, and which were made definitive September 3, 1783.2 Erection of Province of New Brunswick. In 1784 the British Crown took from Nova Scotia that part of its territory which has since formed the province of New Brunswick. In the commission of Thomas Carleton as captain-general and governor-in-chief of New Brunswick of August 16, 1784, the new province is "bounded on the westward by the mouth of the River Saint Croix by the said River to its source and by a line drawn due north from thence to the southern boundary of our province of Quebec to the northward by the said boundary as far as the western extremity of the Bay des Chaleurs." The same language is employed in commissions to Carleton's successors in 1807, 1811, 1816, 1818, and 1819. of Quebec. By the act of 31 Geo. III. cap. 31 (1791), and Division of Province the order in council of August 24, 1791, the province of Quebec was divided into Upper and Lower Canada, the latter retaining so far as it extended the southern limits of the province out of which it was formed. Such is an outline of the history of the boundaries in regard to which the King of the Netherlands was called upon to render a decision. American Statement before the Arbitrator. In the American statement laid before the arbitrator the case was treated under three heads: 1. The northwest angle of Nova Scotia and the highlands. 2. The northwesternmost head of Connecticut River. 3. The boundary line from the Connecticut River, along the forty-fifth parallel of north latitude, to the River St. Lawrence, called in the treaties Iroquois or Cataraquy. Question of the As to the first question, it was declared that the fundamental point was the highlands. It was there that the northwest angle of Nova Scotia must be found. It must be formed by the intersection Wharton's Dip. Cor. Am. Rev. VI. 72, 74. "Adams, Franklin, and Jay to Livingston, Sec. of For. Aff., Dec. 14, 1782, Wharton's Dip. Cor. Am. Rev. VI. 131-133. |