The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-01-26


3. There is no pretence of reason whatever that
the highlands, mentioned in the treaty, cannot be
found by line running due north Indeed, in justice
TO President Jackson it ought TO be stated that he
does not intimate himself any doubt on this point and
his proposal to change the line is merely Conditional
that in the highlands should not be found on the
north line then the line shall be run west Sull his
candor would hardly allow him Ia make the proposal,
unless he supposed il possible, that the highlands
might not be found on the north line.
On this point the concession Of the British minister
| is one of great importance. Mr.. Vaughan, in his
letter of Feb 10, 1884 in behalf of the British 20
| vernment, urges upon government acquies.
cence in decisions Of the arbiter, the first Of
which is this, "The arbiter expresses his opinion .
that the term highlands may properly be applied not
only to billy and elevated country but to tract of
land, which, without being billy, divides waters flow
ing IN different directions and, consequently &C
cording TO this opinion the highlands to be sought for
are not necessarily range Of mountains, but rather
the summit-leve of the country
This is perfectly correct. As it is undeniable that
due north line from the St Croix would reach the
height Of land, which divides the waters that flow
north into the st, Lawrence, from those which flow
south to the Atlantic, the bays of the Atlantic,
that dividing height of land, whether it be mountain
| range slightly elevated tract, must be the high
lands, contemplated in the treaty For the term high
lands, there is definite meaning to the degree Of
elevation but there is definite meaning as the term
used in the treaty expressing precisely that elevated
tract which divides the sources of two rivers run
ming in opposite directions. 1t is evident, then that
the highlands" of the treaty Of 1888 can be found
then then there is Mo occasion to propose line de-
Waiting from the north line to the west.
4. The treaty Of 1883 describes ''the northwest
gle Of Nova Scotia the point where the due north
ne from the St. Crox meets the highlands Ii now,
we ask, where this northwest angle consider
ed as fixed before the treaty of 1888 may be assist
ed in coming to right decsion2
By the original charter of Nova Scotia given by
King James to William Alexander, September 10,
1921 that angle was fixed or the st. Law
renee; for the line run from the ST. Croix thus;
Unde per imaginariam directam lineam, quae per-
gere per terrain seu currere septentrionem
cipietur ad proximam navium stationem, fuyium vel
scaturiginem in magno fuvio de Canada sese exone-
rantem that is, thence by an imaginary direct
line TO be drawn through the country or over
the land to the north, to the first bay river foun
tain emptyng selfinto the great river of Canada ="
Here, then, on or near The St Lawrence, where
straight north line from the St Croix shall strike was
the original northwest angle of Nova Scotia. That
Nova Scotia touched upon the St Lawrence, is also
proved by the map in Purchas' Pilgrims in 1885,
- II
ry Morden, and Thornton. 1t is true that in the
French maps of Delisle Beln, and Danville, the
northern limits of Acadia or Nova Scotia fall little
short of the banks of the ST. Lawrence; but this is
accounted for from the fact, that in some of the
French commissions the government of Canada was
extended ten leagues to the south of the river of Ca
NADIA II is remarkable that this change of the north
line Of Nova Scotia throws back very nearly,
if not exactly, to the highlands, mentioned in the rea
ty of 1888. By that treaty Maine claim nothing
beyond the highlands and whether the angle of Nova
Scotia originally there, or on banks of the St.
Lawrence cannot effect the claim 10 go to The high
lands where the treaty places that angle
here is yet to be mentioned another important map
published 20 years before the treaty of 1888; it is
map of the British dominions in North America, in
the Arundal Register for 1863. On this map line
is drawn directly north from the river st. Croix to
the ridge Of highlands north Of the 81 John and the
southern boundary of the Province of Quebec runs
along these highlands. Here then, the north. west
angle of Nova Scotia is found in map, made imnle
diatey after the possession of Canada by the British
Other similar maps Mitchell's, 1855, American
Military Pocket Atlas, Faden's map &c
1t seems therefore, perfectly clear that the commits
soners for the treaty of 1888 must have intended to
have the line to the highlands north Of the St
John.
There is one strong argument to prove that the
highlands of the treaty of 1888 must lie north of the
river st. John, which, believe, has never yet been
adduced and that is this i the commissioners who
made the treaty, must have and known by the
existing maps, hat impossible to reach the Iequi.
red highlands, ercept by crossing the 81. John
Des Barres' mapofthe country in the Atlantic Nep-
tune, published in l17S by the authority of the Brit
ish Government, lays down the St John in such
manner, that north line from the St. CIoix crosses
the branches of the ST. John Yet there are in that
map no branches of the Penobscot which that north
line crosses Thus then the matter stands The
commissioners who made the treaty in 1883 with
this map before them,-for they doubtless had it,
published only five years before,-m see, that
north line from the St Croix would cross'the St John
and after crossing it, but not before would reach the
highlands, from one side of which flows the waters
that fall into the St Lawrence On the south side
fthe ST. john, there no highlands which by any
possibility can answer the terms Of the treaty for on
all sides of those highlands the waters flow into the
ST John none of them flow into the St Lawrence.
The map which was published in the Memories
Des Commissaires du Ro &C. in 1855 by the com
missloners on treaty between England and France,
also establishes the location ofthe highlands and this
map must have been before the eyes of the treatyma