The Sun. — London, England, 1842-10-03 00:00:00

LAW INTELLIGENCE. INSOLVEN T COURT-(THIS DAY.) IN RE JOHN BROWN. The, insolvent was a licensed victualler; he was also described as a dealer in sporting dogs. In his schedule were several statements descriptive of entries in what he called his " dog book," with respect to Profit and loss upon sales, and betting upon his canine favourites. Ilia petition to be discharged was opposed by Mr. Cooke, on behalf of Messrs. Richmond, the brewers, on the ground of an unfaithful statement of accounts. The Learned COMMISSIONER ordered the case to stand adjourned, as the statements in the schedule were at variance with the evidence ; ordering at the same time the production of the "dog book." IN RE MARTIN WILLIAM ETCHER. The insolvent in this case was the celebrated Capt. 13Qeher, the steeple-chase rider. He appeared in Court for his final hearing, and was supported by kr. Woodruffe. Mr. CooKE, who appeared on behalf of Mr. Wil liams a farmer in Buckinghamshire, the opposing creditor, said that his client was satisfied to allow the Insolvent to be heard without opposition on his part. It appeared that the insolvent had contracted what was termed a " sporting debt," with a gentleman named May, who resided at Denman, in Bucks, and had made over to him a quantity of furniture, to the value of 901. At the last hearing, the Court decided that this should be given up for the benefit of the body of the creditors, which now was agreed to by Mr. Woodruffe. No further opposition being offered to the insolvent's Passing, he was ordered to be discharged forthwith. -IN RE JOHN MARSHALL. The insolvent was described as a steam-engine ma .,,lnifacturer, carrying on business at 6, Union-place, Whitechapel-road. The amount of debts in the sche dole was stated at 3,4001. He was ordered to be discharged upon bail. IN RE JOHN GRIGLY. This ease had been heard frequently, and reported i n The Sun, and having stood over for judgment to thi s d ay, Mr. Commissioner HARRIS said the insolvent's con duct had been most fraudulent. The sentence of the Court therefore was, that he be impris6ned at the suit ° f the opposing creditor for 18 months from the date '3', his vesting order. IN RE JOSHUA DUPLEX. The insolvent, who was a member of the Society of Friends, appeared in Court to receive judgment, and A was sentenced to four months' imprisonment from the r l te of his vesting order, for fraudulently and vexa ously defending an action brought by the opposing creditor. POLICE E li GUILDHALL.—(THIS DAY.) James Morgan, a very respectably-dressed young Th an, was charged under the following circumstances: .--- Mrs. Elizabeth Ireland, of the Troop - hall, Fetter 'cane, stated th a t as she was passing along Holborn on Itturday evening she observed the prisoner following he, and after she had gone a little distance she dis eavered that her purse was gone. She turned round, a t pd the prisoner ran away, but upon her crying out he prisoner was stopped by an officer. The officer stated that he searched the prisoner, and fou n d th e p urse u p on him, containing 1/. 13s. It was concealed in a false pocket inside his trousers. The prisoner said in his defence that he had a wife I ° llo was dying, and his children were in a state of s tarvation, and he was obliged to steal. The ALDERMAN said he did not believe him, and he Was committed to Newgate for trial. 130W-STREET.—(THIS DAY.) Two men, who bore the appearance of great suffer lpg and destitution, were placed at the bar under the following circumstances : Policeman F 25 stated that the prisoners came to hint on Sunday morning, about two o'clock, in the i ?trand, and requested him to take them to the station -I"ase, where they might perchance obtain a little f ood and shelter. Witness did as they wished him. The prisoners were natives of Lincolnshire and Rerefordshire, and had endeavoured to obtain work an London, but without effect. Mr. HALL said it was very foolish to come to Lon 46'n, where there were thousands of people out of Work who would be glad to get it. They should stop in their own neighbourhood, and not, by travelling "ay from it, entail upon parishes the expense of *.ending them back again. The worthy Magistrate then ordered them to be taken to the Strand Union. A miserable looking old woman, named Ann Enny, whom we have seen at this Court, at least 20 times, fur the same offence, was charged with begging. Andrews, an officer of the Mendicity Society, said that be found the prisoner begging of a gentleman in andthe most impudent manner, importuning him to go see two dying infants, &c. Witness had known r himselfg ble e .o g; corii • : r ix . years as a common and most in son/ times„ ,, o . i and had caused her to be convicted %-• nmitted her for a month. UNION HALL.• —(THIS DAY.) . jokre Edwards, in the service of William Chamber lain, a brush-maker at Newington, was charged with robbing his employer to a lame amount. The prisoner being suspected of purloining from the *stack in his master's warehouse was stopped on Sa turday night, when a quantity of bristles were found concealed on his person. On this discovery he made a confession to the effect—that he had been induced to rob his employer by a man named Jones, a coster ruonger, to whom he gave the property, at one-fourth of its value. „ Mr. Chamberlain said that the prisoner sold utmdles of bristles valued 20s. each to the prisoner for *zitie shilling, and the worst of the case was that the Plunder had been carried on for a considerable time. Mr. TRAILL remanded the prisoner, and directed that the receiver might be taken into custody. THE MARKETS.-(THIS DAY.) CORN EXCHANGE. 'Last week's arrivals were small of English Grain, good llrish O ats, and cons id era bl e o f Foreign Whe a t. N e w heat sold with tolerable freedom, at last week's prices, "d rather more doing in Foreign, Barley was Is. per 'lllarter lower. Beans and boiling Peas maintained their Vallaue. Gray P eas we re Is. per quarter cheaper. Oats at la 81 ' )/v1 Y , and new Irish declined Is. Flou r was dull t week's reduction. Wh e2 , m ratcis am BOARD OF SPIT `White (old) 4 64 !4 s . Beans, Small (new) ......... - s -S . (old) 52 58i ---- (old) 35 Ms. """.-......... Red;lB42) .". . 50: . * s4s . -- Tick (new) 26 28 s ‘.....-------,___ Fine - - s .. -s . - (old) 3 ' l• S2s. .......7 - "-.- Superfine sis `6s. -- Harrow (new) 30 .!25. ------- White (1842) .. . 523. 535. ""--"--•-•- Fine s s Rrank -5....;... "."------- Super fine 58s. 60s. Oats, Feed 16 , 21. ii ---- Forefenfree .465. 605. -- Ne a ...... ....... -s • - s• Ye- ' lO4 .. .. ....................... 38s. 4 sas . - Poland "15.25 s 265. Ws. New s'•---. Grinding 'Rs 30s. - Potatoe 24 .2fis. ,_ Malting 30s. 325. Malt s(s, 60s Scotch 25,275. 1,1" --- _ " Fine New Ms. I Os Irish 143. ... 17, 21s. ,ease, Grey, New 5 8s. 506. Flow . Town (per sa ck) ...463 488. "--...... Maple New . SOS. a, - Seeonus 4 , 15. 425. ."---- White .325. :As. --- Nwrth Country ....38. 40.. `•••-••••• Boilers .385.40;, Bran 7s Bs, SMITHFIELD. . 1 1 The supplies were large, and the market dull, particu• itry for th e l arge an d coa rs e sorts of B ee f an d M ut t on , ~,,s• 'prime b are l y maintaining our last quotations. In Offal and Pork the trade was much the same. For tha bs the demand was partly over, and Pigs were on ea.deeline. Beasts, 3,982 ; Sheep and Lambs, 27,800 ; ves, 111; Pigs, 615. Beef, 2s. 10d. to 4 s. 2d. ; Mut -2) 2 s. 10d. to 4 s . 2d. ; Veal, 3s. 6d. to 4s. 10d. ; Pork, * Bd. to 4s. Bd. ; Lamb, 4s. to 4s. 4d. TEA MARKET. , There was only a limited business transacted, but t he value o f l ow second Congou cash. TALLOW MARKET. Tic The demand was good for Russian 'fallow, and holders C d e- fiml. P. Y. Candle on the spot 48 s. 3 d. ; Ne w and 4 • - 1 9 d . 4 ea 7s sh ' . per cwt. ; and Town Tallow was 495. 6d. OIL MARKET. wa l:i s sh Oils were firm, and in good request. Cod was „ old at 35/. per tu n . Linseed Oil in request at 34 5. per CAI. PORTUGAL. .-PALmounf, OCTOBER I.—The Tagus steamer, de r-,Ted by head winds, arri v ed h ere this afternoon, from .r,!bralta r 22d, C a di z 23d , Li s b on 2 6 t h , O por t o 27th, Igo, 28th u lt. Sh e h a d 11 ca bi n passengers , an d a !fu rther supply of 30 oxen. The Formidable and Be- Ange rem a i ne d a t Gibraltar, and the Lynx at Lisbon. 4 -he Mont rose l e f t Lisbon for r the southward, on the 4 7 4 th. In l a t. 47 14 , i on . 7 20, passe d t h e Teviot West India steam-ship, steering S.ll .W. The following letter gives the only news of interest from Portugal L ISRONI SEPT. 26.—1 t is tedious to be dwelling IP"z_ petually on the same theme ; but the distressing& r ileial state of the country is still the source of aux -3T to every . one. The bank has just concluded an otimer loan wi th t h e G overnmen t o f one th ousan d con -1114 (225,0000, part of which will go immediately to I_,et the m ore press i ng eme rgencies of the St a t e . ?e claim s of Colonel Rose, on behalf of the British :to l i eerB who served in the Peninsular war, are likely 1416,, i mmediately liquidated. The amount of them X'4 c ontos, the halfof which the Government proposed .*:,4 ) : 1 in the extinct paper currency , which bears kibq' ein time market, and scarcely any purchasers, of 4 t t he 2 o , per cent. This offer was, of course, refused. .ur re „ law passed in 1834, all debts contracted in that ta prior to its abolishment, were to be made or Y e ab le in coin, at a discount of 20 per cent. ; there in they have no right to swerve from that law, and, f or e , s equence, he ought to receive one hundred and to I Y - four contos of reis in metal, which is equivalent .One hundred and sixty in currency, at the legal 810 above-mentioned. In regard to the tariff nothing has been decided. The Chambers are closed, and closed are all the trnergies of the nation. It is now demonstrated how a state of uncertainty affects commerce. In Oporto, British shipping is accumulating, and no freights to be had; the regular London and Liverpool traders have either to remain in the Douro many weeks for a few pipes of wine, or to leave almost in ballast. The same remark is applicable, at the present moment, to this port. The wine-mer chants will not, of course, subject themselves to pre sent duties, when a few months hence the duties may be lowered in England. It is true, they can allow the wine to remain in bond ; I).at that incurs expense. The English and Portuguese merchants and ship owners are suffering, while the two Governments ap pear to take matters very easily, and without seeming to be aware of the injury they are inflicting, by cre ating hopes which may never be realised; why not decide the question at once, by either altering the tariff or relinquishing the idea ? The British mer•• chants here appear quite disgusted with the proceed ings of those in power, their reiterated complaints, the depressed state of commerce, the outcry of the masters of vessels that they cannot obtain freight, ought surely to arouse our Envoy from his slumbers, and induce him to urge the immediate fulfilment of the amendment in question, the delay of which is so detrimental to the British trade and interests ; but so long as the unfortunate system of procrastination is acted upon, it is scarcely reasonable to expect a better state of things. OPENING OF THP: SPECIAL COMMISSION. STAFFORD, SUNDAY MORNING.-At a quarter-past four yesterday their Lordships and suite reached the railway station, where they were met by Earl Talbot, Lord Lieutenant; Hartshorn, Esq., Deputy Lieu tenant; the High Sheriff, John Edwards Piercy, Esq. ; the Mayor and Aldermen in their robes ; Sir Charles Clerk and the Rev. Dr. Coldwell, in robes ; Colonel St. George, Captain St. George, Hand, Esq. ; the Under Sheriff, and a large number of the gentry of the county. The roads were crowded with spectators. Sir Nicholas Tindal, Sir James Parke, and Sir Robert Mounsey Rolfe having robed at the station, where a suitable apartment was prepared, they entered the Sheriff's carriage, and the proces sion, marshalled by Mr. Thomas Bruton, the governor of the gaol, and Mr. Dibbs, his deputy, wended its way to the Court-house, which was also crowded. As soon as the Judges reached the Court, Mr. Bellamy, Clerk of the Assize, read the Queen's writ, under which the Spepial Commission was issued. The Sheriff then handed the precepts to the Bench, when the Chief Justice adjourned the Court till Monday, at ten o'clock. _ Just as their Lordships were leaving the Court, Mr. V. Lee rose to make an application for the ad mission to bail of Arthur O'Neill, who was brought up under a habeas corpus. The Chief Justice said lie.would hear the application in chambers. Mr. Lee renewed his application in chambers. The case was discussed, and . Chief Justice Tindal and Baron Rolfe were inclined to grant the application, but Baron Parke differed. The three Judges then consulted the Habeas Corpus Act, and after nearly half an hour's deliberation, decided that they could not enter tain the application, as the Commission had opened. Another application will be made to-morrow (Mon day) to allow O'Neill to traverse to next assizes. • If tried this Commission his trial will not come on before Wednesday. Mr. Lee will defend him as far as exa mining witnesses, but he himself will addres s the Court in defence of Christian Chartism. PRISONERS TO BE TRIED. — North Staffordshire — High treason, 1 : arson, 7; inciting a riot, 7 ; riot and assault, 3 ; cutting and maiming, 1 ; housebreaking, 59 ; riot and demolition of property, 84 ; stealing pro perty during the riots, 41 ; demanding money by intimidation, 17. South Staffordshire—Riot, -26 ; riot and assault, 25. Total, 272. Prisoners are being daily brought in from Burslem, Longton, Hanky, Stoke, Tunstfill, and Newcastle. A troop of the 3d Dragoon Guards arrived here yesterday, and other detachments are also stationed elsewhere. Mr. Roberts, of Bath, defends the pri soners generally. FLANDERS MAIL. BItUSSELS, SEPT. 27.—The, average price of Wheat last week was 22f. 47c., and that of Rye 13f. (19c. Wheat is therefore exempt from import duty while the duty on Rye remains at 21f. 50f. per 1,000 killo grammes, and the export duty on each is only 25 centimes per 1,000 kilogrammes. Yesterday the King gave an audience to M. Olo zaga, the Minister Plenipotentiary of Spain at Paris, who has come on a special mission to Belgium. Several days ago the King granted permission to General Vandermeere, who is condemned to 20 years' imprisonment, to have himself removed from the pri son of the Petits Carmes to his :own house, to be there attended by the physicians till the complete re storation of his health. But the physicians having judged at the time the patient could not be removed with safety, thought it prudent to wait till the fever had left him. The day before yesterday the General was taken to his own house, accompanied by two gendarmes in civil clothing, who are to remain with him. The Minister of the Interior has just transmitted erthe Governors of the provinces of Hainault, Liege, and Namur, and to the Commissioners of the arron dissement of Charleroi, copies of the notices of the condition of the supply of 38,800,000 kilogrammes of coal, for the use of the French steam-boats in 1643. On Sunday morning last the Minister of Public Works, the Inspector of Bridges and Highways, the Burgomaster of Mons, and several engineers, arrived at the railway station at Quievrain, and met at the frontier the Sub. Prefect, the Mayor, and the Director of Customs of Valenciennes. They then got into a waggon which was prepared for them, and which, brilliantly ornamented, passed the frontier for the first time. A letter from Oudenarde of the 27th - of September, says—" The new sluice built on the Scheldt at Autrive, was opened yesterday for the first time, one • hundred and twenty boats, which had for some weeks been stationed between Oudenarde and Autrive, first ascended the river. Above eighty. boats were near the sluices, ranged two and two, near the new cut, adorned with the colours of Belgium and France, according to the country to which they be longed. A salute of artillery announced the passage of the first boat, which was soon followed by all the others. Towards the end of the week, about 130 boats with cargoes from Tournay are expected, so that on the first week of its opening, 250 boats, measuring above 50,000tons,,will have passed through the sluice of Autrive. STEAM-BOAT COLLISION ON THE RlVER.—Ye3ter day morning, about half-past nine o'clock, a serious accident occurred to the Sons of the Thames, Graves end steamer, and the Prince of Wales, Greenwich steam-packet, during a dense fog which prevailed on the river during the morning. It appears that the latter boat was making her first trip from Greenwich, and when at the top of the Pool, near London-bridge, the sons of the Thames on its passage down, came in contact with her, and carried away her figure-head, stanchions, and paddle-box on the larboard side, and broke the wheel, the .man at the helm narrowly escap ing being crushed to death by jumping on board the 1 Sons of the Thames, whose figure-head was left on board the Prince. The Prince was also much damaged on the starboard side by coming in contact with some -1 tping in front, and appeared a complete wreck—the passengers were landed and she dropped down to Blackwall, where she was docked for repairs at Messrs. Ditchburn and Sons. The Sons of the Thames, minus her figure-head, proceeded on her Passage to Gravesend. The damage done is estimated et several hundred pounds. An accident occurred near about the same time to No. 3, Watermen's boat, which came in contact with a sailing vessel in the Pool, and had considerable damage done to her—a great deal of alarm existed amongst the passengers, but fortunately no personal injury was sustained. The Fly, another Greenwich steamer, slipped her moorings and ran against the Dreadnought hospital ship, and was also much damaged. A coal barge was lying along side, putting coal into the Fly at the time, and the " coalies," as they are termed, were also carried away to their great dismay. INSPECTORSHIP OF ANATOMY.—Dr. Somerville has ceased to hold the appointment of Inspector of Ana tomy, and is to be replaced by Mr. Bacot and Mr. Rutherford Alcock. We understand that considerable alterations are to be made in this department. The mere procuring of bodies, and their removal, are to be entrusted to subordinate officers, while the inspectors are to see that proper objects are procured—that the business of dissection is conducted with propriety— and that the remains are interred.—Medical Gazette. Tuesday morning, a police-officer from Hull, aided by one of our Edinburgh criminal officers, succeeded in apprehending, in Portobello, a young man, accused of having embezzled 1,2001., the property of a bank ing company connected with Yorkshire. —Edinburgh Observer. • RAILWAY IMPROVEMENTS.--We are told, upon highly respectable authority, that "an entirely new description of railway carriage has been invented, by a professional gentleman at Hammersmith, which) may be propelled without the aid of steam at an ex traordinary speed, exceeding sixty miles per hour, with comparative safety, without oscillation, or the possibility of turning over by the loss of a wheel or an axletree breaking, and worked upon a most simple principle, and which will, no doubt, eventually become the ordinary mode of railway travelling for short dis tances, from. the circumstance that the ra ilroad and carriages may be constructed and kept in repair at less than a fourth of the usual eirfense.' EMIGRATION OF D R . MWOUALL.—This Chartist patriot has "saved his own bacon" by emigrating to America, and leaving his dupes to get out of the scrapes in which his violence and folly have involved them in the best way they are able.—Leeds Mercury. KINGSBRIDGE POOR-LAW UNION.—The guardians of this Union have again rejected a motion for the appointment of a paid Chaplain, by a majority of four. THE SUN, LONDON, MONDAY EVENING, OCTOBER 3, 1842. THE BOUNDARY L The New York papers received last night con tain the whole of the correspondence between Lord Ashburton and Mr. Webster. It extends to great length, but will be read with interest. The following letters will enable our readers to judge of the manner in which Lord Ashburton opened the negotiations, and the proposals made on both sides for settling the long-disputed ques tion of the Boundary Line LORD ASIIBURTON TO MR. WEBSTER. Washington, June 13, 1842. SIR —On considering the most effectual mode of proceeding to arrive at an amicable and satisfactory termination of the long-continued controversy respect ing the north-eastern boundary, between the British colony of New Brunswick and the State of Maine, I believe that I may confidently conclude, from what has passed in the preliminary conference which I have had the honour of holding with you, that we concur in the opinion that no advantage would be gained by resorting to the interminable discussion on the gene, ral ground on which each party consider their claims respectively to rest. In the course of the many years that this discussion has lasted, every argument, on either side, is appa rently exhausted, and that without any approach to an agreement. The present attempt, therefore, of a settlement, must rest, for its success, not on the re newal of a controversy, but on proceeding on a pre• sumption that all means of a reciprocal conviction having failed, as also the experiment of calling in the aid of a friendly arbiter and umpire, there remains only the alternative of a compromise for the solution of this otherwise apparently insurmountably diffi culty, unless, indeed, it were determined to try a second arbitration, attended by its delay, trouble, and expense, in defiance of past experience as to the pro bability of any more satisfactory results. It is undoubtedly true that, should our present at tempt unfortunately fail, there might remain no other alternative but a second reference, yet when I con sider all the difficulty and uncertainty attending it, I trust that all parties will come to the conclusion that the very intricate details connected with the case must be better known and judged by our two Governments than any diligence can make them to be by any third party, and that a sincere, candid disposition to give reciprocally fair weight to the arguments on either side is likely . to lead us to a more satisfactory settle ment than an engagement to abide by the uncertain award of a less competent tribunal. The very friendly and cordial reception given by you, Sir, as well as by all the authorities of your Go • vernment, to the assurance that my mission here, by my Sovereign, has been determined by an unfeigned desire to settle this and all other questions between us on principles of conciliation and justice, forbids me to anticipate the possibility of the failure of our endea vours applied with sincerity to this purpose. With this view of the case, therefore, although not' unprepared to enter into the general arguinent, I ab stain from doing so from the convictton that an amica ble settlement of this vexed question, so generally de sired, will be thereby best promoted. But, at the same time, some opinions have been industriously cir culated throughout this controversy, and in some in stances by persons in authority, of a description so much calculated to mislead the public mind, that I think it may be of service to offer a few observations. •. Ido not, of course, complain of the earnest adhe rence of partizans on either side to the general argu ments on which their case is supposed to rest ; but a position has been taken, and facts have been -re peatedly stated, which I am sure the authorities of the Federal Government will. be abundantly able to contradict, but which have evidently given rise to much public misapprehension. It is maintained that the whole of this controversy about the boundary be gan in 1814; that up to that period the line as claimed by Maine was undisputed by Great Britain, and that the claim was avowedly founded on motives of 'inte rest, to obtain the means of conveniently connecting the British provinces. I confine these remarks to the refuting this imputation, ,and I should, indeed, not have entered upon'the ;Ontroversy, even on this, if it did not appear to itivolye,ni some degree a question of national sincerity and good faith. The assertion-.islfounded orr-; the discussions which preceded the treaty of peace signed at. Ghent in 1814. It is perfectly true that a proposal was. submitted by the British Plenipotentiaries, - fOr the 'revision .of the boundary line on the north-eastern frontier, and that it was founded on the position that it was desired to secure the communication between the provinces, the precise delineation of which was at that time imper fectly known. The American Plenipotentiaries, in their first communication from Ghent to the Secre tary of State, admit that the British Ministers dis claimed any intention of acquiring an increase of territory, and that they proposed the revision for the purpose of preventing uncertainty and disput&-.a pur pose sufficiently justified by subsequent events. Again, in their note of the 4th of September, 1814, the British Ministers remind thoae from America that the boundary line has never been ascertained, and that the line claimed by America, which interrupted the communication • between Halifax and Quebec,a never could have been in the contemplation of the par ties to the treaty...Joeace. in 1783. . The same view of the case „will he found to pervade all the communications between the- Plenipotentiaries of the two countries at Ghent. There was no attempt to : press any cession of , territory on the ground of policy or expedience ; but though the precise geo graphy of the country- was then imperfectly known, it 'was notorious at' the time that different opinions existed as to the boundary likely to result from con tinuing the north line from the head of the. river St. Croix. This appears to have been so clearly known and admitted by the American Plenipotentiaries, that they, in submitting to the conference the project of a treaty, offer a preamble to their fourth article in these words :—" Whereas neither that part of the highlands lying due north from the source of the river St. Croix, and designated in the former treaty of peace between the two Powers, as the north-west angle of Nova Scotia nor the north-westernmost bead of Connec ticutriver has yet been ascertained," &c. It should here be observed that these are the words proposed, not by the British, but by the American negotiators, and that they were finally adopted by both in the sth article of the treaty. To close my observations upon what passed on this subject at Ghent, I would draw your attention to the letter of Mr. Gallatin, one of the American Plenipo tentiaries, to Mr. ecretary Monroe, on the 25th December, 1814. He offers the following conjecture as to what might probably be the arguments of Great Britain against the line set up by America :—" They hope that the river which empties into the Bay de Chaleurs in the Gulph of St. Lawrence, has its source so far west as to intervene between the head waters of the river St. John's and those of the streams emptying into the river St. Lawrence ; so that the line north from the river St. Croix will first strike the heightS of land w iiich divide the waters emptying into the Atlantic ocean (river St. John's) from those emptying into the Gulf of St. Lawrence (river de Chaleurs), and after wards the heights of land which divide the waters emptying into the Gulf of St. Lawrence (river de Chaleurs) from those emptying into the river St. Lawrence ; but that the said line never can, in the words of the treaty, strike any spot of land actually dividing the waters emptying into the Atlantic ocean from those which empty into the river St. Lawrence." So obvious an argument in opposition to the line claimed by America could not escape the known sa gacity of Mr. Gallatin. I state it not for the pur pose of discussing its merit, but to show that at Ghent, not only the fact was well known that this boundary was a matter in dispute, but that the argument re. specting it had been weighed by the gentlemen so eminent in its subsequent discussion. Indeed, the fact that the American Ministers made the disputed question a matter for reference, by a treaty afterwards ratified by the President and Senate, must to every candid mind be sufficient proof that it was generally considered to be involved in sufficient doubt to entitle it to such a mode of solution. It cannot, possibly, be supposed that the President and Senate would have admitted, by treaty, doubts re specting this boundary, if they had been heard of for the first time through the pretensions of the British Plenipotentiaries at Ghent. If the argument or assertions which 1 ,1 am now noticing, and to which I studiously confine myself, had not come from authority, I should , owe some apology for these observations. The history of this important . controversy is too well known to you, Sir, and stands but too voluminously recorded in your department, to make them nwessary for your own information. The repeated discussions between the two coun tries, and the repeated projects for settlement which have occupied every succeeding Administration of the United States, sufficiently prove how unfounded is the assertion that the doubts and diffic u lti es respect ing this boundary had their first origin in the year 1814. It is true that down to that time, and indeed to a later period, the local features of the country were littlo known, and the different arguments had ' in consequence not assumed any definite form, but sufficient was known to ,both parties to satisfy them of the impossibility of tracing strictly the boundary prescribed by the treaty of peace in 1783. I would refer, in proof of this, simply to American authorities, and those of the very first order. In the year 1802, Mr. Mansion, at that time Secre tary of State for the United States, in his instructions to Mr. Rufus King, observed that the difficulty in fix ing the north-west angle of Nova Scotia " arises from a reference in the treaty of 1783 to highlands which it is now found have no definite existence, And he suggests the fippgintrnPPt of a Commission, to be jointly appointed, " to determine on he pint most proper . to be substituted for the description in article 11 of the treaty in 1783." Again, Mr. President Jef ferson, in a message to Congress on the 17th of Octo • ber, 1803,stated that a " further knowledge of the ground in the north-eastern or north-western angles of the United States has evinced that the boundaries established by the treaty of Paris, between the British territory and ours, in those points were too imper fectly described•to be susceptible of execution." These opinions of two most distinguished American states men gave rise to a convention of boundary, male, in London by Rufus King and Lord Ilawkesbury, which from other circumstances, which it is not necessary to refer to, was not ratified by the Senate. I might farther refer you on this subject to the re port of Judge Sullivan, who acted as a Commissioner of the United States for settling the controversy with Great Britain respecting the true river St. Croix; who says " the boundary between Nova Scotia and Canada was described by the King's proclamation in the same mode of expression as that used in the treaty of peace. Commissioners who were appointed to settle that line have traversed the country in vain to find the highlands designated as the boundary." With these known • facts, how can it possibly be maintained that doubts about the boundary arose for the first time in the year 1814? I need not pursue this subject further. Indeed, it would have been useless to treat of it at all with any pin-son having before him the records of the diplomatic history of the two countries for the last half century. My object in adverting to it is to correct an error arising, I am ready to believe, not from any intention to misrepresent, but from want of information, and which seemed to be sufficiently circulated to make some refutation useful towards promoting the desired friendly and equitable settlement of this question. We believe the position maintained by us on the subject of this boundary to be founded in justice and equity, and we deny that we have been determined in our pretensions by policy and expedience. I might, perhaps, fairly admit that these last mentioned con siderations have prompted, in some measure, our per severance in maintaining them. The territory in con troversy is (for that portion of it at least which is likely to come to Great Britain by any amicable set tlement) as worthless for any purpose of habitation or cultivation, as probably any tract of equal size on the habitable globe, and if it were not for the obvious circumstance of its connecting the British North American provinces, I believe I might venture to say, that, whatever might have been the merit of our case, we should long since have given up the controversy, and willingly haVe made the sacrifice to the wishes of a country with which it is so much our interest, as it is our desire, to maintain the most perfect harmony and good will. I trust that this sentiment must be manifest in my unreserved communication with you on this, and on all other subjects connected with my mission. If I have failed in this respect, I shall have ill obeyed the instructions of my Government and the earnest dic tates of my personal inclination. Permit me, sir, to avail myself of this, my first opportunity of formally addressing you, to assure you unfeignedly of my most distinguished consideration. Hon. Daniel Webster, &c., &c. ASHBURTON. MR. WEBSTER TO LORD ASHBURTON. Department of State, Washington, June 17, 1842. • Lord Ashburton having been charged by the Queen's GOVernment with full powers to nego tiate and settle all matters of discussion between the United States and England, and having on his arrival at 'Washington announced that, in relation to the questioU of the north-eastern boundary of the United States' lie 'was' authorised to treat for a conventional line, aline by agreement, on such terms and conditions, and . with .such mutual considerations and equivalents, as might be thought just and equitable, and that he was ready, to ,enter upon a negotiation for such con ventional lihe so soon as this Government should say thafit was authorised and ready on its part to corn mence such negotiation, the undersigned Secretary of State of the United States has now the honour to ac quaint his Lordship, by direction of the President, that the undersigned is ready, on behalf of the Govern ment of the United States, and duly authorised, to proceed to the consideration of such conventional line, or line by agreement, and will be happy to have an in terview on this subject at his Lordship's convenience. The undersigned avails himself of this occasion to tender. to Lord Ashburton assurances of his distin guished consideration. . DANIEL WEBSTER. Lord Ashburton, &c. LORD ASIIBURTON TO MR. WEBSTER. Washington, June 17, 1842. The undersigned, Plenipotentiary of her Britannic Majesty, on an extraordinary and special mission to the United States of America, has the honour of ac knowledging, with much satisfaction, the communi catkin received to-day from Mr. Webster, Secretary of. State of the United States, that he is ready on be half of the United States, and duly authorised, in re lation to the question of ,the north-eastern boundary of the 'United States, to proceed to the consideration of a'eonventional line, or line by agreement, on such terms and conditions, and with such mutual consi-; derations- and. equivalents, as might be thought just and equitable.. And in reply to Mr. Webster's invi tation to the undersigned, to fix some time for their conference upon this subject, he begs to propose to call on Mr. Web ter, at the Department of State, to morrow, 'at iWelVd o'clock, for this purpoSe, should that time be perfectly convenient to Mr. Webster. The und.ersigued;avails himself of this opportunity ,o assure Mr.,Wekstq of his distinguished eonsidera- ASHBURTON. hon. Hon. Daniel Webster.; & c . &c. MR. WEBSTER TO LORD ASHBURTON. Department of State, Washington, Junel7, 1842. The Secretary of State will have great pleasure in seeing Lord Ashburton at twelve o'clock to-morrow, as proposed by him. LORD ASHBURTON TO MR. WEBSTER. Washington, June 21, 1842. SlR—The letter you did me the honour of address ing me on the 17th instant, informed me that you were now prepared and authorised to enter with me into discussion of that portion of the difference between our two countries which relates to the north-eastern boundary ; and we had the following day our first formal conference for this purpose, with a view to con sider, in the first instance, the best mode of proceed ing to arrive at what is so much desired by all par ties—an amicable, and at the same time equitable, set tlement of a controversy, which, with the best inten tions, the authorities of - the two countries, for nearly half a century, have in vain endeavoured to effect. The result of this conference has been, that I have been invited by you to state generally my view of this case, and of the expectation of my Government ; and although I am aware that in the ordinary practice of diplomatic intercourse I should expose myself to some disadvantage by so doing, ..I.uevertheless do not hesi tate to comply, premising only that the following ob servations are be considered merely as memoranda for discussion, and not as formal propositions to have any binding effect, should our negotiation haVe the unfor tunate fate of the many which have preceded it, of ending in disappointment. • I believe you are sufficiently aware of the circum stances which induced me personally to undertake this mission. If the part which, during a long life, I have taken in public affairs, is marked by any par ticular character, it has been an earnest, persevering desire to maintain peace, and to promote harmony between our two countries. My exertions were un availingly e mployed to prevent th e last unfortunate war, and have since been unremitting in watching any passing clouds which might at any time forbode its renewal. On the accession to power of the present Ministers in England, perceiving the same wise and honourable spirit to prevail with them, I could not resist the temptation and the hope of being of some service to my country, and to our common race, at a time of life when no other cause could have bad suffi cient interest to draw me from a retirement better suited to my age and to my inclination. I trust, Sir, that you will have perceived in the course of my hitherto informal communications with you, that I approach my duties generally without any of those devices and manoeuvres which are supposed, I believe ignorantly, to be the usef u l tools of ordinary diplomacy. With a person of your penetration they would avail as little as they would with the intelli gent public of the two great enlightened countries of whose interests we are treating. I know no other mode of acting than an open, plain dealing, and I therefore disregard, willingly, all the disadvantage of complying with the invitation given me to be the first to speak on this question of the *boundary. It is already agreed that we abstain from a continued discussion of the arguments by which the lines of the two countries are reciprocally maintained ; and I have so well observed this rule that I have not even com municated to you a volume of additional controversial matter which I brought with me, and much of which would, if controversy were our object, be of no incon sithrable weight and importance. It would be in the event only of the failure of this negotiation, which I will not anticipate, that we should be again driven into the labyrinth from which it.-is our purpose to escape, and that failing to interpret strictly the words of the treaty, we should be obliged to search again into con temporaneous occurrences and opinions for principles of construction which might shed light on the actual intentions of the parties. Our success must, on the contrary, depend' on the reciprocal admission, or presumption, that the royal arbiter was so far right when he came to the conclu sion which others had collie to before him, that the treaty of 1783 was not executable according to its strict expression, and that the case was therefore one for agreenient by compromise. The only point upon which I thought it my duty to enter upon anything like controversy is that referred to in my letter of the 13th instant; and I did so to rescue my Government and myself from an imputation of unworthy motives; and the charge that they had set up a claim which they knew to.be unfounded, from mere consideptions of policy or conveniem, 'MP A4§@rtinns of persons in my' position, on subjects conneptcA with their di plomatie duties, are naturally rPPIANT4 by the wqrlci with some caution; but I trust that you will believe me when I assure you that I should not be the person to come here on any such errand, . I do not pretend, nor have I ever thought the claim of Great Britain, with respect to this boundary, any more than the claim of America, :to be unattended with difficulties. The claims have been considered by impartial men, of high authority and unques tioned ability, to be equally so attended; and there fore it is that this is a question for a compromise, and it is this compromise which it has become our duty to endeavour to accomplish. I will only here add the most. soleMn assurance, which I would not lightly make, that after a long and careful consideration of all the arguments and in ferences, direct and circumstantial, bearing on the whole of this truly difficult question, it is my settled conviction that this was the intention of the parties to the treaty of peace of 1783, however imperfectly those intentions may have been executed, to leave to Great Britain, by their description Of boundaries, the whole of the waters of the river St. John. The length of these preliminary observations re quires, perhaps, some apology; but I now proceed to comply with your application to me to state the prin ciples and conditions on which it appears to me that this compromise, which it is agreed we should attempt, should be founded. A new boundary is in fact to be .traced between the State of Maine and the province of New Bruns wick. In doing this, reference Must be had to the extent and value of territory in dispute, but as a ge neral principle, we cannot do better than keep in mind the intention of the framers of the first treaty of peace in 1783, as expressed in the preamble to the provisional article in the following words :—" Whereas reciprocal advantages and mutual convenience are found by experience to form the only permanent foundation of peace and friendship between States, &c." I have on a former occasion explained the rea sons which have induced the British Government to maintain their rights in this controversy beyond any apparent value in the object in dispute, to be establish ing a good boundary between our two countries, so as to prevent collision and dispute, and an d unobstructed communication and connection of our colonies with each other. Farther, it is desireTto - retain under the jurisdiction of each Government respectively, such inhabitants as have for a length of time been so living, and to whom a transfer of allegiance might be painful or distressing. These are briefly the objects we have in view, and which we must now seek to reconcile to a practical division of the territory in dispute. Great Britain has no wish of aggrandizement for any general pur pose of increased dominions, and you must be satisfied by the liberality with which I have professed myself ready to treat questions of boundaries in other quar ters, where no considerations of particular convenience or fitness occur. I might further prove this by call ing your attention to the fact, that of the land likely to come to us by any practical settlement, nine-tenth parts of it are, from its position and quality, wholly worthless. It can support no population, it grows even little timber of value, and can be of no service but as a boundary for two distinct Governments. In considering on the map a division of the terri tory in question, this remarkable: circumstance must be kept in mind, that a division of• Ores by their number would be a very unequal division of their value. The southern portion of this •territory, the valley of the Aroostook, is represented to be one of the most beautiful and most fertile tracts of land in this part of the Continent, capable of the highest state of cultivation, and covered with fine timber ; while the northern portion, with the exception of that small part comprised within the Madawasca settlement, is of the miserable description I have stated. It would be no exaggeration to say, that one acre of the Aroos took would be of much more value than ten acres north of the. St. John. There would he, therefore, no equality in making a division of acre for acre. But, although I remind you of this circumstance, Ido not call on you to act upon it. On the contrar = y, I am willing that you should have the advantage in this settlement, both in the quantity and quality of this land.. All I wish is, to call this fact in proof of my assertion, that the object of Great Britain was simply to claim that which was essential to her, and would form a convenient boundary, old to leave all the more material advantages of this bargain to the State of Maine. I now come to the more immediate application of these principles, to a definite line of boundary; and looking at the map with reference to the sole object of Great Britain as already described, the line of the St. John's, from where the north line of the St. Croix strikes it, up to some one of its ,sources, seems evi dently to suit both parties, with the exception which I shall presently mention. This line throws the waste ir - iebarren tract to Great Britain, and the rich and valuable lands to 111aine ; but it makes a good boundary, one which avoids collision and probable dispute • and for the reasons stated, we should be satisfied with it if it were not for the peculiar circumstances of a settlement formed on both sides of the St. John's, from the mouth of the Madawaska up to that.ofthe Fish river. The history and circumstances of this settlement are well known to you. It was originally formed from the French establishment in Acadia, and has been uninterruptedly under French or British domi nion, and never under any other laws. The inhabit ants have professed great apprehension, of being sur rendered by Great Britain, and have lately sent an earnest petion to the Queen, deprecating that being done. _ Farther, this settlement forms one united commu nity all connected together, and living some on one and some on the other side of the river, which forms a sort of high road between them. It seems self-evident that no more inconvenient line of boundary could well be drawn than one which divides in two an existing municipality, inconvenient as well to the inhabitants themselves, as to the autho rities under which they are to live. There would be evident hardship—l might say cruelty, in separating this now happy and contented village, to say nothing of the bickvrings and probable collisions likely to arise, in taking from this spot the precise line of the river, which would, under other circumstances, satisfy us. Indeed, I should consider such a separation of these industrious settlers, by placing them under separate laws and Governments, a most harsh pro ceeding, and that we should thereby abandon the great object we should have in view, of the _happiness and convenience of the people, andlixiiiei boundary the least likely to occasion future strife. - I dwell on this circumstance at some length in justi ficatio3.6f'ilie necessity I am under of departing to this inconsiderable extent from the marked line of the liver St. John's. 'What line should be taken to cover this difficulty I shall have to consider with you, but I cannot in any case abandon the obvious interests of the people. It will be seen by an inspection of the map, that it is not possible to meet . this difficulty by making over to Maine the northern portion of this settlement, as that would be giving up by Great Bri tain the immediately adjoining communication with Canada, which it is her principal object to preserve. These observations dispose of those parts of the question which immediately cOneern the State of Maine ; but it may be well at the same time to state my views respecting the adjoining boundary of the States of New Hampshire, Vermont, and New York, because they made part of the reference to the King of the Netherlands, and were, indeed, the only part of the subject in dispute upon which a distinct decision was not given. The question here at issue between the two coun tries was as to the correct determination of the parallel of latitude and the true source of the Connecticut river. Upon both these points decisions were pro nounced in favour of Great Britain ; and I might add that the case of America, as matter of right, was but feebly and doubtingly supported by her own authori ties. I am nevertheless disposed to surrender the Ivhole of this case, if we should succeed in settling, as proposed, the boundary of Maine: There is a point or two in this line of boundary where I may have to consider, with the assistance of the surveyors ac quainted with the localities, the convenience of the resident settlers, as also, which line may best suit the immediate country at the head of the Connecticut river, but substantially the Government of America shall be satisfied, and this point be yielded to them. This concession, viewed with reference to the sale , of the land ceded, which is generally reported to be fertile, and contains a portion at house's Faint much coveted in the course of the controveray, would, under ordinary circumstances, be considered of considerable importance. The concession will, however, be madQ. by Great Britain without reluctance, not only to mark the liberal and conciliatory spirit by which it is desired to distinguish these negotiations, but because the case is in some respects analogous to that of the Mada. aska settlements, before considered. It is believed that the settlers on the narrow strip, which would be transferred to Great Britain 'by rectifying the 45th parallel of latitude, which was formerly incorTmly laid down, are principally from the Unitt4l States, and that their opinions and habits inoilne them to evince a preference to that form of government under which, before the discovery of the error in question ; thq supposed themselves to be living. It cannot be desired by her Me t leSty to acquire any addition of territory MAR it.toh circumstances, what ever may be the weight of her rights ; but it will be obsorved that the same argument applies, sltoost exactly to the Madawaska settlement, aril justifies the reservation I am thus uNiaed to make. In these days the convonieree and happiness of the peop l e to be 4 ue gaWrileil will ever be the chief guide in tranxio• tions of this description, between such c i co6rnments as those of Great Britain and . tlw United States. Before quitting this s l ilijeot, 1 would observe that it is rumoured that Major Graham, in his late survey of I :lbine, reports some deviation from the true florth of the line from the head of the St, cro.ix towards the St. John's. I would also propose to abide by th e old line, long astablished, and from which the devia. tion by 'Major Graham is, I am told, inconsiderable, without at all doubting the accuracy and good faith of that very distinguished officer. In stating the important concessions I am prepared to make on a final settlement of these boundaries, I am sensible that concessions to one State of this Union are not always to be made available for the satisfac tion of any other; but you are awarethat I am treat ing with the United States, and that for a long line of important boundaries, and that I cannot pre sume to enter on the question how this settlement might operate on, or be in any way compensated to, the d it !rent States of the confederacy. I should, however, add my unfeigned belief that what I have proposed will appear reasonable with reference to the interests of the State of Maine con sidered singly: That the proposition, taken as a whole, will be satisfactory to the country at large, I can entertain no doubt. _ I abstain from noticing here the boundaries farther west, which I am prepared to consider and to settle, because they seem to form a part of the case which it will he more convenient to treat separately. In the course of these discussions much anxiety has been expressed that Maine should be assured of some means of communication by the St. John's, more es pecially for the conveyance of her lumber. This sub ject I am very willing to consider, being sensible of the great importance of it to that State, and that the friendly and personal relations between the neigh bouring countries cannot be better secured than by reciprocally providing for all their wants and interests. Lumber must for many years be the principal pro duce of the extensive valley of Aroostook and of the southern borders of the St. John's ' • and it is evident that this article of trade being worth anything must mainly depend upon its havingaccess to the sea through that river. It is further evident that there can be no such access under any arrangement otherwise than by the consent of the province of New Brunswick. It is my wish to seek an early opportunity of consi dering with some person well acquainted with the commerce of that country, what can be done to give it the greatest possible freedom and extent without trenching too much on the vital regulations of the two countries. But, in the mean time, in order to meet at once the urgent wants and wishes of Maine in this respect, I would engage that, on the final settlement of these differences, all lumber and produce of the forest of the tributary waters of the St. John's shall be received freely without duty, and dealt with in every respect like the same articles of New Brunswick. I cannot now say positively whether I may be able to go farther, but this seems to me what is principally required. Suggestions have at times been thrown out of making the port and river of St. John's free to the two countries, but I think you will be sensible that this could not be done without some reciprocity for the trade of the St. John's in the ports of the United States, and that, in endeavouring to regulate this, we should be embarking in an intricate question, much and often discussed between the two countries. It cannot also fail to occur to you that joint rights in the same har bours and waters must be a fruitful source of dissen sion, and that it behoves us to be careful not to sow the seeds of future differences in the settlement of those in our own day. I have now stated, as I was desired to do, my views of the terms on which it appears to me that this set tlement may be made. It must be sufficiently evident that I have not treated the settlement in the ordinary form of a bargain, when the party making the pro posal leaves himself something to give up. The case would not admit of this, even if I could bring myself so to act. It would have been useless for me to ask what I know could not he yielded, and I can unfeignedly say, that even if your vigilance did not forbid me to expect to gain any undue advantage over you, I should have no wish to do so. The treaty we have to make will be subjected to the scrutiny of a jealous and scrutinizing public, and it would ill answer its main purpose if producing and perpetuating harmony and good will if its provisions were not con sidered by good and' reasonable men to make a just and equitable settlement of this long-continued con troversy. Permit me, Sir, to conclude with the assurance of my distinguished consideration. lion. Daniel Webster, &c :&c. ASHBURTON. MR. WEBSTER TO LORD ASILBURTON. Department of State, Washington, July 8, 1842. MY LoßD,—Your notes of the 13th and 21st of June were duly received. In the first of these you correctly say, that in our conferenCe on the boundary question, we have both been of opinion that no advan tage would be gained by resorting at this time to the discussion at length of the grounds °lL...which each party considers its claim of right to rest, At the same time you deem it expedient, nevertheless, to offer some observations, calculated, in your judgment, to repel a supposed allegation, or suggestion, that this controversy only began in 1814 ; that up to that period the American claim was undisputed ; and that the English claim, as now set forth, is founded merely in motives of interest. Nothing is more natural than that your Lordship should desire to repel an imputa tion which would impeach the sincerity and good faith of your Government, and all the weight which justice , and candour require is given to your Lordship's ob servations in this respect. It is not my purpose, nor do I think it pertinent to the occasion, to go into a consideration of the facts and reasonings presented by you, to show the good faith and sincerity of England, in the claim asserted by her. Any such discussion would be a departure from the question of right now subsisting between the two Governments, and would be more espe cially unfit for an occasion in which the parties are approaching each other in a friendly spirit, with the hope of terminating the controversy by agreement. Following your Lordship's example, how ever, I must be permitted to say that few questions have ever risen under this Government, in regard to which a stronger or more general conviction was felt that the country was in the right, than this question of the north-eastern boundary. To say nothing of the sentiments of the Government and people of the States more directly interested, whose opinions may be supposed capable of bias, both.Honses of Congress, after full and repeated considerations, have affirmed the validity of the American claim, by an unanimity experienced on very few other subjects, and the general judgment of the whole people seems to be the same way. Abstaining from all historical facts, all contempo raneous expositions, and all external arguments and circumstances, I will venture to present to your Lord ship a very condensed view of the reasons which pro duce in this country the conviction that a boundary line may be ascertained, run, and delineated with provisions, under and according to the words of the stipulation in the treaty of 1783, that no doubt can be raised by any part of that stipulation which other parts of it do not remove or explain, and that a line so run would include all that the United States claim. This view is presented by a series of short propositions. [Mr. Webster here discusses the stipulation of th e treaty entered into in 1783, and contends that a line run agreeably to that treaty, or even to the instruc tions given to the Commissioners of both Govern ments in 1817, would give to the United States all that they have at any time claimed.] 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 Amexiean side of the question, and I for bear 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 41ule. Before entering upon this I have the President's instructions to say, that he fully appre, ciates the motives, which induced your Lordship, per sonally, W Andertake your present mission ; that he is In* aware that your public life has been distin gViished by efforts to maintain peace and harmony be tween the two countries; that he quite well recol lects that your exertions were employed to prevent the late wen-, and that he doubts not the sincerity of your declaration that nothing eould 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 raft, And I have the utmost pleasures; my Lord, in acknowledging the frankness, candour, and plain dealing, which have charac terised your Official intercourse withthis Government, nor am I permitted or inclined to en te a r s ta x nany doubt by olyour Lordship's entire conviction, ;me expressed rs and the e r s e ta us th is e , yourself, as to the merits of this t difficulties cif the case. The whetter these confident opinions, strength of our respective que o eso n ti l 3 Do n th be si f d o a desire to preserve hair the rightful nature and j;. i tt l t e claims will permit us, w t yield liberally to mut ua l mony and a (lisped incite us, to come together conveniouee so strongly t fr om the point where the north to be rtir . Lords np's opinion that the It appears parties, with an C 's rOix strikes that river, up and to unite on a lin ti e m by o w . r:euleur . l li i n n e e o f f m tb l e tit t ..1 st olv: to some ~,,w dos, sources, evidently suits bAt)i exveption, however, of that part of the Madawaska settlement which is on the south side of the St, John's, which you propose should be included within the Bri tish territoxy, That on a line b agreement the St. ;T o w s , fbr 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 ques tion how far up, and to which of the sources of this river this line should extend. Above Madawaska, the course of this river turns to the south, and stretches away towards the sources of the Penobscot, leaving far to the north the line of communication between New Brunswick and Canada. That line departs from the St. John's altogether near Madawaska, and keep. ing principally upon the left or north bank of the Ma dawaaka, 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 fur consi• deration 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 the St. Croix and south of the St. John's. And I think it but candid to s sy, at once, that we see insurmountable objections to admitting ie line to come south of the river. Your Lordship's observations upon the propriety of preserv ing 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 hu manity and a kind regard to the interests and feelings of individuals. But the difficulties seem insuperable. The river, as your Lordship remarks, seems it na tural boundary, and in this part of it to run in a c 71- venient direction. It is a line always clear and ind. s putable. 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's, 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 position of things I cannot hold out the ex pectation to your Lordship that anything south of the river can be yielded. And, perhaps, the inconvenience 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 ex tent, 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 pre served, both of inheritance and alienation ; and if some of them should choose to retain the political and social relations under which they now are, their re moval for that purpose to the north bank, drawing after it no loss of property or means of subsistence, would not be a great hardship. Your Lordship suggests the inconvenience dividing a municipality by a line of national 1.-,oun dary ; and certainly there is force in the observation ; but if, departing from the river, we were to establish at the south of it an artificial line upon the land, there might be points upon such line at which people would lire in numbers, on both sides, and a mere mathema tical line might thus divide villages, while it divided nations. The experience of the world, and our own experience, show the propriety of making rivers boun daries, for the same reason that in other cases to which they are applicable, mountain ranges s *or ridges of highlands, are adopted for the same purpose ; these last being, perhaps, still more convenient lines of divi sion 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. River and inland waters constitute the boundary between the United States and the territory of her Majesty for some thousands of miles westward from the place where the 45th degree of north latitude in tersects the St. Lawrence; and alone this line occa sional irregularities and outb rea k s 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 limit could be made. And at the north part, along the space through which. the St. Croix constitutes the line of separation, contro versies and conflicts are not heard of; but similarity of language, character and pursuits, and mutual re spect 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 hard ship, I yet cannot admit that there is any cruelty in separating the Madawaska settlers south of the St. John's, so far as political relations are concerned, from their neighbours on the north o f th a t river. _ . In the present state of society and of peace which exists between the two countries, the severance of po litical relations needs not to disturb social and family intercourse ; while high considerations, affecting beth the present and the future, seem to me to require that, followirg natural indications, we adhere to the St. John's in this part of its course as the line of di- vision. The next question is how far upward the bo-and ary 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 the country, did not make a sudden turn. But if we consider the main branch 'of the St. John's, that which has been usually so de nominated, your Lordship observes that, near 'Ale mouth of the Madawaska, it turns almost at tight angles, and pushes its source toward those of the Penobscot. Contiguity and compactness of territory can hardly be preserved by following a stream which snakes, not occasional windings, but at once so great a deflection from its previous course. The Madawaskat 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 Palls up ward. The natural course would therefore seem to be to continue along this branch.. We understand, and indeed collect from your Lord ship'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 Ca nada 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's from the Great Falls to the mouth of the Madawaska, going along with it to the Temiscouata Lake, 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 parts. 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 jus tify a departure from what would otherwise be desir able, and the running of the line at some distance south of the Madawaska, observing natural monu ments 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 . of the mouth of the Madawaska, thence by a t straight line to the outlet of Long Lake, thence westerly e F r r ly au l e .y s a direct line to the point where thri S Polienaymanok, empties itself into the lake called ., into the St. lands which divide the waters a fal t the highlands, highlands, I Francis. Having thus arrived thence continuing in the same direct line tot he high. m t headofthe ° os Cqrt.. lowing them to the nortwestern free intercourse between Ca shall be ready to confer on the correct manner of f 1.. necticut river. Such ael/ would g w ian ß d ru a nsvvyc ; and with the naviga ro.o as has been . now d escribed . appear to meet the wants of nil partim a se a c d u a re aa t d o N En e tion of the St. John's yielded to the United s tates, as constituting , so L o rdship's proposition in regard equivalent. P robably ' would Yourto the a sf itth the ricer go,er fir a the naturale transportation of, the nav i gat i on is viewed as just, and idethe rodu.cts. far use o of the forest grown on the Ameticas both would be equally advantageous to of t h e line and, therefore, in granting it,' no sacr ific e Br itis h parties , A. of inte rest would be incurred. A conviction of this, toge ther with their con fid ence in the of validity their own claim, is very likely to le adthe • • two States immedi - ately concerned to consider their the lands north the l i ne 1) f • ne much in the light of a mer e cession. It heed not be denied that, to secure tY lis privilege, and to haVe a right to enjoy it, free f rom tea, toll, or oth er li a bi l i ty or inability, is an ob.; ect of considerable importance to the people of Mainr,; Your Lordship intimates that, as a part of the ge neral 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 forty-fifth parallel of north latitude show to be included within the British line. This concession is, no doubt, of some value. If made, its benefits would ensue partly to these three States, and partly to the, United States; and none of it to the particular 3 .n. terests of Maine and Massachusetts. If regarded, therefore, as a part of the equivalent for the manner of adjusting the north. eastern b.oun dary, these two last-mentioned States would., pf.:rhaps, expect-that the value, if it could be ascertained _, should be paid to them. 0;1 this point further cow . ,ideration m ay be necessary. If in other respects we should be able tr, agree on a boundary, the points which you refer 'to, connected with the asce r t a i nment o f the head of ene Connecticut, will be attended to, and Captain Trilcott, who made• the exploration in that quarter, will. be ready to com municate the result of his observations. I have the honour to be, with distinguished consi deration, your obedient servant, Lord Ashburton, &c. &c. DAN. IVEBSTER. (To be continued.)