PART I.

STATE OF THE QUESTION BEFORE REFERENCE TO THE

KING OF HOLLAND.

"The American Commissioners have enriched the English Dictionary with new terms and phrases-reciprocal advantage, for instance, means the advantage of one of the parties;-and a regulation of boundaries,—accession of territory."-Lord Stormont, 1783.

the terms of the Treaty of 1783.

By the treaty signed in Paris, in 1783, between Great Britain Incorrectness of and the United States, by which the independence of these States and their sovereignty were recognized, a Boundary Line was fixed, separating from the United States the possessions still remaining to Great Britain in North America. In the adjustment of this frontier, between the Atlantic Ocean and the Connecticut River, the physical features of the country were so vaguely and erroneously laid down, that it was found impracticable to trace a frontier that should coincide with the constructive line of the Treaty, and the (assumed) natural features of the country, constituting points in that line.

This region, however, being at the time uninhabited, little interest was excited with regard to the territory in dispute, or the claims in abeyance. The astute and resolute representatives of America, who, in the framing and interpreting of treaties, in asserting or in infringing rights, have so invariably profited by the loss of this country, had succeeded it would appear in introducing into the original treaty an intentionally faulty definition of localities,* con

Language cannot be found too condensed and severe to characterize the terms of the first Provisional Treaty of Peace in 1783. Mr. Oswald, our Plenipotentiary, who adjusted it with Franklin and Jay, after his return to England, and when waited upon by the Merchants of London, that they might inform him of the concessions and sacrifices he had made, both confessed his ignorance, and wept, it is said, over his own simplicity."-Young's "North American Colonies," page 29.

"Mr. Oswald-that extraordinary Geographer."-Lord Stormont.

B

This incorrectness
States.

intentional on the
part of the United

Extent of the Disputed Territory.

Jurisdiction of Great Britain over the whole.

vinced that all ambiguity would be resolved in their favour, and that
every
shock would tend to weaken the fabric of Britain's remaining
power in America, to the benefit of the young and ambitious Union.
With such expectations, such confidence in their own powers, and
justifiable contempt for the diplomatists opposed to them, ambiguity
and incorrectness in the wording of the Treaty, became a primary
and a paramount object to the United States, presenting as it did
the means of realising, cautiously and systematically, results which
successful war could scarcely have secured.

The region, throughout which was pretended to be found, or
sought to be established, by either party, the limits of their territory,
as defined by the treaty of 1783, extended over no less a space
than five degrees of latitude, and four of longitude: an amount
of no less than twenty millions of acres of rich and fertile soil, well
watered and admirably situated, was claimed by each of the parties;
the claim of the British being at one time carried as far as the
Kenebec, and that of the United States to within ten miles of St.
Lawrence on the north-west, and to the St. John's on the east.
Between the peace of 1783, and 1812, negociations had been carried
on between the two governments; and a gradual retrocession of
the claims of Great Britain took place, until they were confined
within their present limit. The United States, on the other hand,
abandoned its pretensions to the St. John's; but maintained, to their
fullest extent, its claims to the north and west. There was thus
left in dispute, a territory amounting to eleven millions of acres,
but cutting deeply into the English possessions, and intercepting
the communication between Quebec, Nova Scotia, and Cape Breton.
Over this territory, which had now become partially occupied by
British subjects, the jurisdiction of Great Britain was established
it had never been questioned, nor ceased to be exercised.

During the war between England and America, the Americans did not take possession of this territory; and it remained at the peace as it formerly did,—in occupation of Great Britain, (so far as occupation extended), and under her jurisdiction.

At the peace between the two countries, England-having then triumphed in Europe, and having the full power of her naval and military resources available for the contest with America, if she had chosen to prolong it-generously proffered peace; and heedlessly

made it upon conditions, which, in every instance, seemed only intelligible by the triumph of America, and the defeat of England.

Din

umphs of the United States at the

Peace of 1814.

left open.

America had declared war against England, in consequence of a disputed right of search, to recover her seamen, and of other no less grave subjects of difference, arising, not out of counter pretensions, or hostile interests, on the part of the two countries, but being merely consequences of the exercise of England's belligerent rights. Peace was signed, without the settlement of any one Causes of the war of those questions, which induced the United States to declare war against this country-and which, therefore, must revive, when England has again recourse to the same measures. The consequence of leaving these questions unsettled was the certainty of a war between England and America, on an occurrence of a war between England and any other power. Thus, hostility of intentions and interests, came to be introduced into the relations of these powers, by the existence of cause for future collision. And as, under these circumstances, the certainty of rupture with the United States, in case of England being involved in any European war, was a heavy drawback on England, and a serious blow to her consideration,—so it was, in a proportionate degree, a national gain and a diplomatic triumph for the United States.

The United States further acquired the right of free traffic with our eastern possessions, whilst she obtained from England the formal surrender on her part of all right to traffic with the Indian tribes throughout those regions designated as being under the "jurisdiction of the United States"!

United States acGreat Britain exwith American In

quire the freedom of Indian trade.

cluded from traffic

dians.

United States obtain relaxation of

The United States further obtained from England those rights of navigation, subsequently known under the designation of reci- Navigation Laws. procity treaties; and it is singular, that whilst England withheld such rights from all other powers, she yielded them to the United States without an effort. When she did subsequently grant them to the Northern Powers, it was as it were by compulsion,—and the concession gave rise to great and not yet quieted exasperation and opposition. These concessions made to America passed in perfect silence.

for slaves.

Another triumph for America was secured in negociation, in Obtain indemnity an enormous sum paid by Great Britain, as an Indemnification for

Obtain rights to Fisheries, injurious to Great Britain and her Colonies.

runaway Slaves, in consequence of the ambiguous wording of the Treaty.*

But

In the treaty of 1783, England had made to America, on the subject of fisheries, concessions the most unwarrantable and the most unjust;—it was expected, alike in England and in the Colonies, that at a peace signed under circumstances apparently so favourable to England, these obnoxious concessions should be set aside, and that the right of fishing on their own coasts should be granted to the North American subjects of Great Britain, so as to put them on a footing with the inhabitants of all the other shores of the ocean, and the subjects of every other crown. interests and rights were alike disregarded; and a negociation, conducted in secret, ended in the Convention of 1818, by which still larger concessions were made to the Americans, and greater sacrifices imposed on the Colonies of Great Britain: —nor was it enough that stipulations so disadvantageous should have been maining privilege signed; even the remaining restrictions imposed upon the Americans have been broken and infringed, with the most perfect impunity, from the signing the treaty, up to the present hour.†

Infringe

of British subjects with impunity.

Such being the superiority of the American diplomatists over those of Great Britain; in proportion to the ambiguity and the difficulty of a question, would be the chances of American triumph and British discomfiture. At a period when England had the power (physical I mean, of course, for England seems incapable of using or comprehending any other) of enforcing on the United

* England and the United States having agreed to refer the differences arising, as to the true meaning of the 1st Article of the Treaty of Ghent, to the mediation of the Emperor of Russia, a Convention between Great Britain, the United States, and Russia, was signed on the 12th July, 1822, at St. Petersburgh, whereby a Joint Commission was established for settling the value of slaves, and for carrying into effect the Award. The Convention was signed Charles Bagot, Nesselrode, Capo-d'Istrias, Henry Middleton.

The amount fixed was, I believe, about £500,000. England instantly submitted to the Award. The Emperor Alexander employs less formal expressions than those used by the King of the Netherlands. He says, "Invité par la Grande Bretagne et les Etats Unis d'emèttre une opinion comme Arbitre dans les différends, &c. L'Empereur considerant, &c. est d'avis."

+ A Committee of the House of Assembly of Nova Scotia, appointed in 1837, to inquire into the Fisheries, in commencing their Report, state that it "exhibits a melancholy picture of the evil consequences flowing from the indiscreet negociation between Great Britain and the United States of America; and the flagrant violations of subsisting Treaties by the citizens of the latter, and the necessity of promptly repelling such invasion of our inherent rights."