in that direction, with short and rapid rivers or runs of water on that side of the St. Lawrence, according with the old French accounts of the same section of country; and they are recommended to public attention in that work, which was published near the eve of the Peace of 1763, in connexion with the subject of a convenient barrier or boundary for the British Provinces, in any future demarcations. The British "Annual Register" of that year, too, in its text, contained a cotemporaneous exposition of the Proclamation of 1763; and the highlands were then described, and their situation was laid down and illustrated on the accompanying map in the same volume, as they were then and afterwards understood and acknowledged until a very recent period.

A remarkably clear light is likewise thrown upon the character of this well-known highland boundary by a document that has been preserved among the provincial or state papers of Massachusetts respecting it, bearing date in the following year, 1764. A question having been started at that moment, when the Crown was looking up its lands in all directions, whether the lands lying east of the Penobscot, or between Nova Scotia and the Sagadahoc (formerly called the Sagadahoc territory), were not more properly crown lands, and therefore not for the General Court to grant, although included within the Massachusetts' charter, and therefore stretching to the St. Lawrence, it was brought before the Board of Trade, and became the subject of discussion between the Provincial Agent and the British Minister for that department. The Lords, at least, thought that the province could claim no right to the lands on the River St. Lawrence; and it was the opinion of the agent, though the original patent extended to the river of Canada northward, that it was not important to Massachusetts to preserve a portion of country which lay so remote," and whose rivers run still further" from the old part of the province "into that of St. Lawrence;" and it was proposed, that if the province would cede all the claims they might have under their charter, "to the lands of the River St. Lawrence, destined by the Royal Proclamation to form part of the Government of Quebec," the Crown would waive all further dispute concerning the lands as far as St. Croix, and from the sea coast of the Bay of Fundy to the bounds of the Province of Quebec; and the General Court was thereupon advised to relinquish the narrow tract of land which lay beyond the sources of all their rivers, and which was watered by those that run into the River St. Lawrence," as being of little comparative consequence to the province, but " absolutely necessary to the Crown, to preserve the continuity of the Government of Quebec." This historical document shows precisely how the narrow valley of the St. Lawrence was viewed at the time, in England and America, to be marked off by the recent Proclamation of 1763, of which it is a contemporaneous explanation; and exhibits, therefore, in conspicuous relief, the situation of the naturally and necessarily separating, continuous elevation.

That such a range of highlands continued down the St. Lawrence, and branched off toward the north side of the Bay of Chaleurs, was alike recognized and represented in the acts of the Crown and Parliament from 1763 to 1774. And the known configuration of the earth in that quarter, necessarily establishes such a fact.

The Committee need not say, that the existence of such an elevated rise of land along that general direction has never been drawn in question by any cotemporary authorities, or done away by any subsequent inquiries. A topographical description of Lower Canada, by the Surveyor-General of the province, published upon the conclusion of peace in 1815, and with full knowledge of the articles in the Treaty of Ghent, delineates "the ridge rising at a certain distance, generally denominated the Land's Height, dividing the waters that fall into the St. Lawrence from those taking a direction towards the Atlantic Ocean, along whose summit is supposed to run the boundary line between the territories of Great Britain and the United States. This chain commences upon the eastern branch of the Connecticut River, takes a north-easterly course, and terminates in near Cape Rosier, in the Gulf of St. Lawrence." Now, it was upon this section of highlands trending toward the Bay of Chaleurs, or rising along to the northward of it, as discernable by the eye, or determining the water-courses described by the Acts of the Crown and Parliament, in 1763 and 1774, where the rivers should separate off in

different directions into the St. Lawrence and into the Atlantic, wherever that should be intersected by the meridian, or due north line by celestial observation, from the St. Croix,-that the bounds of the United States, defined by the Treaty of 1783, abutted.

The Committee refer to this as the only real and proper question of a geographical kind which can arise or exist in the case; and nothing was ever necessary but to ascertain and define that true point by degrees of latitude and longitude, as was afterwards proposed to be done by the unratified Conventions before mentioned of 1803 and 1806. They have adverted to this point, and allowed themselves to look back upon this ancient and well traced line of boundary upon the horizon of former times with more freedom than there might otherwise have been occasion, in consequence of an idea, at first insinuated, and afterwards more gradually developed, and confidently insisted upon in the diplomatic papers of Great Britain, since the period of 1832, that no such range or region of highlands in truth existed, and that the Treaty of 1783 was therefore physically incapable of execution. Such a fallacious suggestion was undoubtedly, entirely in the face of all former observation and political experience in regard to the question. If there was room for anything to confirm this point, it might be found in the acknowledgment of the fact, in every form, in which it could be made at the time of the Treaty of 1783. Authentic evidence exists that the British Minister at Paris was possessed of all the "books, maps, and papers, relative to the Boundary which were wanted, from the public offices in London; and without referring to the conclusive character and effect of Mitchell's Map, which was regularly prepared under the sanction of the Board of Trade and Plantations, and was the one immediately before the negotiators, all the maps known to have been published in England, from 1763 to 1783, nearly twenty in number, carried the course of the boundary line from the source of the River St. Croix northward, across the River St. John, and terminated at the highlands, in which the rivers that fall into the St. Lawrence take their rise. In all those maps, the north-west angle of Nova Scotia is laid down on those highlands where that north line terminates. In all, the highlands from that point to the Connecticut River divide the waters that fall into the St. Lawrence from the tributaries of the St. John, and from the other rivers that fall into the Atlantic. Several different maps published in England also between the preliminary and definitive Treaties, in November, 1782, and September, 1783, lay down the boundaries of the United States similar to those delineated in the previous maps as the boundaries of the Provinces of Quebec and Nova Scotia, and as they have ever since been claimed by the United States. All the world knows that this was pointed out and demonstrated, without any denial, in the debates in Parliament immediately upon the Treaty; that it was defended by the Ministry who had been put in to make peace upon terms which they were disposed to render favourable to us, and that the contest was determined against them upon that ground. If access could even now be had to the various depositories of the papers and correspondence passing between the British Ministry and its negotiators at the Peace of 1783, your Committee have the persuasion that a still more conclusive light might be cast, if it were possible, upon the intentions, as well as the terms, of that Treaty, so as to dispel all shadow of doubt that might rest upon that question, even in England.

It is unnecessary to repeat the deep concern and mortification with which Maine became acquainted with the state of negotiation on this subject in 1836. It was shown to have been so strangely conducted, under the long course of diplomatic management, that almost every trait of the Treaty of 1783 was effaced, and all the real and permanent features or characteristics of the question were quite altered or lost sight of. And it was finally insisted by the British Minister, forgetting the height of Mars Hill, that a due-north line from the St. Croix would strike no highlands described by the Treaty. The topic indeed was taken up, as though it was fresh, and was treated as if there had been no previous Treaty at all about it. Without making any other remark in regard to the mode in which the subject was thus managed, it is no more than proper to say, that it served as a prelude to the further project, afterwards disclosed, for unsettling the source of the St. Croix, and striking a line across the country to the head of the Chaudière. The same spirit had

only to travel back, whether in the shape of critical acuteness or geological research, and remove the highlands described in the Proclamation of Ï763 from their heights, where they sent their streams into the St. Lawrence, to that interior and formerly unknown region where they might be conceived to constitute the maximum axis of elevation: or, to go yet further, to the suppression of that portion of the old charter of Massachusetts which contemplated its "extending from the river of Sagadahoc to the Gulf of St. Lawrence and Canada Rivers," &c.; and also of the passage, as quoted in the American statement before the King of Holland, from the letter of the Royal Governor of Massachusetts to the Board of Trade, in 1700, that " as to the boundaries, we have always insisted, and shall insist, upon the English right as far as the St. Croix;" or, furthest and last of all, by vouching a stale philology in aid of a new invented and apocryphal geology, so as to change the original direction of Sir William Alexander's obsolete grant of Nova Scotia from the northward, in a straight line, towards the west, to the head of the remotest river, the Chaudière, that falls into the St. Lawrence opposite, or just above, Quebec.

From the publications like this last again alluded to, not without repugnance, it is refreshing to the testimony of a moral sense in the human breast to turn to opinions, in relation to the general subject in recent and respectable English periodical works, delivered in a tone, as well as, we doubt not, a spirit of equity, moderation, and candour. If the Committee cannot emulate, as they would wish to, they can at least acknowledge, a tone and temper like this, and they can at least hail it as an auspicious harbinger of a dawn, if not a day, that has not even yet fairly broken-oh! when will it ever burst again! -from the oriental glory of old England upon the broad, eternal ground of truth and justice!

It is trusted by the Committee, that this retrospect will not be regarded as unimportant, nor the last portion of these remarks be deemed as a digression, in view of the period which they are approaching of 1838. Previous to which, it may be mentioned, that a strong solicitude was awakened in the breasts of the people of this State, by observing the advancing progress and extent of British usurpation, and encroachment upon the Disputed Territory. One of the most extraordinary was the project for a railroad, proposed by the Legislature of New Brunswick, called the St. Andrews and Quebec Railroad Company, to which the Legislature of New Brunswick pledged its co-operation, and which was patronized by a Royal grant of 10,000l. A railroad of this description, it was plain, must have intersected the State of Maine quite south of the St. John; and the plan of it was to cross the line at Mars Hill. This enterprise did not escape the vigilance of the Legislature; and, although it was relinquished, the demonstration was not lost upon the public mind. The subject was taken up at the ensuing Session of the Legislature in 1837; and the Joint-Committee on the north-eastern Boundary was instructed to inquire into the expediency of providing by law for the appointment of Commissioners on the part of the State, by the consent of the Government of the United States, to survey the line between this State and the Province of New Brunswick, according to the Treaty of 1783, and to establish monuments at such places as should be fixed by such Commissioners, and by Commissioners to be appointed on the part of the Government of Great Britain. Upon the Report of that Committee a properly modified resolve was adopted by the Legislature, that the Governor should be authorized and requested to call on the President of the United States to cause the North-Eastern Boundary of the State to be explored and surveyed, and monuments erected, according to the Treaty of 1783; that the co-operation of Massachusetts should be solicited; and our Senators instructed and Representatives requested accordingly.

In consequence of this resolve, it is well remembered, an appropriation was obtained in Congress, on the motion of Mr. Evans, of the sum of 20,000 dollars, for the purpose of such survey, and to carry the object of it into effect; in regard to which it is needless to remark, that nothing was ever done; nor is it recollected that any other reason was ever given for the omission than the existence of some negotiation. The appropriation was limited to two years. In the interval, it will not be forgotten, another American citizen, and it is hoped, the last, was arrested, within the Madawaska precinct, in execution of a duty assigned to him by the laws of the United

States, under the local authorities of Maine, and was imprisoned, once and again, until he was eventually liberated. This seizure was made the subject of complaint and reclamation in the same manner that had been adopted in the former case, and with similar success. These reclamations, it may be observed, have remained ever since suspended. The National Government have recognized their correctness on the part of Maine, and have acknowledged the title of the State to compensation. But the deepest impression was made upon the public mind, at this last period, by the open marching of British troops across the upper part of the territory in the latter part of 1837. Of the intention to do this, the Committee would observe, that simple notice was given by the British Government; and it was accepted, and communicated as an act of courtesy, to be duly appreciated by ours. That Committee feel restrained by motives of a high, prudent, and moral nature, from commenting on this circumstance, in all the relations in which it is concerned, and in regard to all the reflections and emotions to which it gives rise. Candour requires the admission, that the national administration did not at that moment foresee the consequence of this inconsiderate facility, or probably anticipate that it would terminate, as it has done, in an actual and apparently absolute occupation of that part of the Disputed Territory by an established British military force.

The Committee are willing to say, that they do not wonder at the difficulty which was found to understand the subject, or to perceive all its proper relations, in the state in which it was left previous to the period of the late administration; and they readily acknowledge that, making due allowance for the embarrassment in taking it up at first, there has been no want of an able and sincere attention to its interest; and that it has been passed from the hands of the late Secretary of State in a much better condition than he found it.

The Committee have now come to the period when Maine had so long seen herself exposed, without having any adequate shield against the aggressions and encroachments of the Provincial Government of New Brunswick, upon her borders; and when, feeling the extreme inconvenience and danger resulting from not having any marked and established frontier, she was compelled by necessity to take the work of ascertaining it into her own hands, and of determining it, so far as she could, unless she should be relieved from the task by the superior prudence and power of the General Government. This State saw clearly the importance and propriety of causing this to be done, if it could be so, by the authority of the United States; and if that recourse failed, the State was no less clear in regard to the duty it was owing to itself Indeed, it saw no other alternative. At the same time, therefore, that the Legislature refused to give its consent, beforehand, to a conventional line, it further resolved that unless the Government of the United States should, alone or in conjunction with that of Great Britain, run and mark the line, by a certain time, (which was fixed in September, to await the adjournment of Congress,) the Governor of the State should enter upon the execution of that measure. No provision, however, was made for the necessary expense of that service, beyond what was contained in the ordinary contingent fund. That resolve and this fund were all that the Executive of the State had to guide and to aid them.

The Committee do not stop to state at length the views that were taken of the subject by the Governor of the State of that period, under the duties prescribed and enjoined upon him. They are exhibited in the communications made by him to the Government of the United States, and especially to the delegation of this State in Congress. Those views might be referred to still with interest and satisfaction; and it would give the Committee pleasure to copy them into this Report. In substance and amount they were:-that Maine was not desirous to assume the attitude required by her resolves; that the people looked with intense interest to the expected action of Congress and of the Federal Executive upon the subject; and that their earnest wish was, that the United States would go forward in the matter; that the State did not seek to act independently of the United States, but did feel that the subject belonged properly to the Government of the United States; that the question was a national one, and the action thereon should be national; that it was important that the Provincial and the British Governments should

understand, that what was to be done should be so under the authority of the General Government, and would be sustained by it; for so long as they supposed that Maine was not acting in accordance with the sentiments of the United States, but proceeded on her own responsibility, alone and unsupported-so long must we expect a repetition of outrages upon our rights and upon the persons of our citizens and agents. Maine was obliged to move upon her own responsibility; but no just inference was thence to be drawn that she intended to absolve the General Government from its constitutional obligation, as the principal, responsible guardian power; and the course prescribed, was evidently intended to be pursued only in the last resort, to assert our rights, all other measures failing. But in that respect, the determination of Maine was announced to be fixed and settled; and, so far as rested on her Executive, her will, as expressed by the Legislature, should be faithfully obeyed and executed.

The Committee do not deem it necessary to go into all the circumstances of that eventful Resolve, and to review the whole transactions of that period in which our cause was raised from the character of a border quarrel-one in which it had too long been viewed by other parts of the Union-into its due relief and importance; when it was presented to public favour, and placed in the foreground of our public affairs, and lifted into the clearer light of day, as a matter about which there could be no doubt, and there ought to be no further dispute and delay. It was rescued, at the same time, from the deadly repose of diplomacy, and almost redeemed at once from those enormous errors and obliquities in which it had been involved by the predecessors of the now late Secretary of State. An arrangement was, at this point of time, without waiting any further, proposed by him to the British Government, under the direction of the President, to test the correctness of the opinion of the State of Maine, that the line described in the Treaty of 1783 could be found and traced, whenever the Governments of the United Sates and Great Britain should proceed to make the requisite investigation, with a predisposition to effect the desired object. It might seem strange, to be sure, that the question should be supposed to have arrived at such a pass; and the mode in which the investigation was taken up, at that particular moment, was far from being satisfactory; but it undoubtedly appeared to the Executive of the United States to be best; and it was regarded, indeed, it is believed, as the only alternative that could be adopted to the total rupture of negotiation. Whether that was of so much real importance as was then, perhaps, conceived, the result has hardly yet proved. The subject was, however, by this means, unavoidably taken out of the immediate hands of Congress, as a matter of practical consideration and proceeding, further than the occasion was thereby afforded to call for its definite opinion and decision thereupon. And it must be owned to have been a great and sensible relief to the State of Maine; and it awakened her warmest gratitude, that her call for the judgment of Congress was followed by the cordial and unanimous recognition of her rights by both its branches, and by the subsequent acknowledgment, so long suspended, of her title to recompense for essential and vital wrongs.

The cause of Maine was then adopted and made, not only the cause of Massachusetts and all New England, but the cause of New York and Virginia, of Pennsylvania, Ohio, and Kentucky, and, in fine, of the whole Union. While all might not have been done by the Federal Government that was desired by the Legislature, it is due to acknowledge that all was done by Congress that was in their power, under the circumstances in which they were called to act, consistent with the previous course of the President, in re-opening negotiation. Whether there is any reason for regret, in respect to that course, as before intimated, it is not within the province, if it were in the power, of the Committee to determine. They may, perhaps, be permitted to observe, that there was a full report made at that period of the agency instituted under the State Executive for the purpose of obtaining the constitutional sanction and co-operation of the Government of the United States. Full justice was intended to be done, as the Committee may believe, in that Report to the principal actors in that interesting and important matter; and a merited tribute was paid to those distinguished persons in the Senate of the United States, particularly, who took a leading part in the discussion and decision. The only difficulty was in assigning to individuals their proper share of that