Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1842-09-17
RESP q n DEN
WITH BRIrIsH SPECIAL MISSION.
Nsra -Essfsrn AVID NorfA. Wtsisrn Boundary.
lcoscLupEp.l
NJ. Webster 10 Lord .7,tbuion.
DEPARTMENT or STATE.

correctly say, that in our conference the Boun-
drry Question, We have both been OF opinion tina
no advantage would 10 gained by resorting at th,
time to the discussion at length Of the grounds OF
which each party considers its claim Of right to rest
A, the sime time you deem it expedient, neverthe-
less to offer some observations, calculated in YOU
Judgment, TO repel supposed allegation, or sug
sss,ion. that this controversy only began in 1914
that up TO that period the American claim 10
disputed; and that the English claim, as now sci
forth, founded merely in motives ofintsrest Moth.
ing Is more natural than that your LordshiP should
desire TO tepe an imputaton which would Impeach
the sincerity and good filth Of your government; and
all the weight which justice ard candor require,
are given to your Lordship's observations in this
respect. IL is not my purpose, nor do consider 1t
pertinent TO the occasion, 10 60 into any consdeFa
ton Of the facts and reasonngs presented by you,
TO show the good faith and sincerity Of England m
the claim asserted by her. Any such discussion
would be departure from the question oil rag nov
subssting between the two governments, and would
he more especially 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, Follo~ing your Lordshp's example,
however, must be permitted to say, that few ques
tions have ever arisen under this Government, in
regard 10 which, a stronger or more general convic.
ton felt that the country was in the right than
this question OF the northeastern boundary. To
say nothing OF the sentiments of the government
md peopo Of the States more directly interested,
whose opinions may be Supposed capable Of bias,
both Houses Of Congress, after fall and repeated
consideration. have affirmed the validity of the
American claim, by a unanmiiy experienced on
very few other subjects, and the general judgment
OF the whole people seems to be the same way.
Abstaning from all historical facts, all contem-
poraneous exposltions, and all external argume ats
ani circums ances will venture to present TO your
lordship very condensed view of the reasons which
produce in this country the conviction that boun.
dairy line may 10 ascertained, run, and delineoted
with provisions, under and according 10 the words
of the stipulation in the treaty OF 1883, that no
ha Inv mai n hat All an
which other parts of il do not remove or explain,
and that line so run would include all that the u.
States claim. This view is presented by series OF
short propositions.
I. The northwest angle Of Nova Scotia, is lie
thing to be sought for and found.
2. That angle 10 10 be ascedanei by running a
line due north from the OF the S. Croix river
TIL that line reaches the highlands, and where such
north line ntersec,s the highlands, there is the
gle; and thence the line is to run along the said
highlands. which said highlands divide those rivers
which empty themselves into the ST. Lawrence from
those that fall into the Atlantic Ocean. The angle
required, therefore, is angle made by the inter
section Of dus north line with the highlands, from
slope OF which the rivers empty themselves into
the river ST. Lawrence, and from the other into the
Atlantic Ocean.
). Surprising il to be matter Of doubt whether
the St. Johns and the Ristigoueh rivers falling
the Atlantic Ocean in the of the treaty,
then the rule of just Interpretation is, that II
element or one part IN the description be uncertain,
1t IS 10 be explained by others which are certain, II
there be such others.
Now there is no doubt as to the rivers which fall
into the 81. lawrence. They are certain, and TO
their the north line is to run, since at their
sources the highlands required by the treaty do
certiinly exist. And departing from the rule just
prescribed 10 myself, will remind your Lordshp
that The joint commissioners and the agents of the
two Governments 10 1917, in giving the surveyors
instructions for finding these highlands, directed
them, IN terms, 10 proceed upon due north line,
"iill they should arrive some OF the streams
connected with the river ST. Lawrence" and then
TO explore the highlands from that point TO the
northw esternmosi head Of Connecticut river. 1t is
Indisputable, that line according their =
structions, thus givon by the Commissioner and
agen's Of both Governments, would give 10 the
United States all tina, they have at any time claim
ed.
4. lis certain that by the treaty the eastern
boundary Of the ed States, from The head OF the
St Croix, is to be due north and south line. And
II is equally certain that the line Is 10 north
Ill il reaches the highlands from whose northern
waters head the rivers flow into the uver ST. Law
renee.
5. These two things, b.ing, one Mechanically
and The other physically Ger ain in themselves,
capable Of being precisely marked and delneated
explain or control the uncertainty, IL there b, un
certainty IN the other part or element OF the de-
scripiion.
6 The British argument, assuming that the Bay
OF Fundy, and now especially the Bay Of Cnaleur
are not the Atlantic Ocean, within the meaning o
bays not, therefore, in the sense OF the treaty
rivers falling into The Atlantic, and therefore ht
highlands TO which the United States claim, hav,
not that southern eastern watersheds which
the treaty calls for, and as it is agreed neverthe
less that we must somewhere find highlands, and
go TO them, whose northern waters run into the
s.. Lawrence, the conclusion is that tae different
parts Of the description in the treaty do not cohere
and that therefore the tleity cannot DE executed.
Z. Our answer TO this, as IS obvious from what
has already been said, is tvo fold.
LIST. What may be u5ful in itself, may be
mids certain by other things, which certain; and
Inasmnch as the treaty does not certainly demand q
due north line, and does certainly demand the ex-
tension Of that line TO the highlands from whose
northern sides the rivers flow in the river St. Law
renee. these two clear requirements make it pain,
that the parties 10 the treaty considered IN iac the
rivers flowing from the south or cas-, of the said
highlands, 10 be rivers falling into the Atlantic
Ocean, because they have placed st Lawrence n
and the Atlantic rivers in contradis;lnction Il
each other, rivers running in opposite direction
bat with their sources in the same highlands. RiV'
ers fed from these highland fountains running north
or norlhwel,, are rivers empyns Themselves inc
the ST Lawrence; and the rivers rising from The
same fountains, and running in an opposite direc
ton scom to be as clearly meant to be designated
10y the character OF Atlantic rivers. And, as strong
ly couroborating this view Of the subject, allow MI
10 call your lordehp's attention TO two facts;
I. The coast OF the Atlantic ocean, from tn
Penoh5cot river norhcastery, and the western
shore Of the Bay of Fundy, which IS but contn
uation of the coast, and a river with j., very
nearly parallel 10 the course of the River ST Law
renee through the same ATTITUDES. This is obvious
from the map.
2. The rivers which, from their sources in the
same ridge, flow respectively into the St Llwrence
and into The Bay Of Fundy, nnd even into the BY
Of Chaeur, run with remarkable uniformity 10 di
rsclionS almos, exactly opposite, as Il Fastening
away from a common origin TO their different tes
tinatons by the shortest course. The only con
siderable exception to this is the northern sweep D
the upper part Of the 81 Johns; but the smal lei
streams flowing into this part OF that river from the
west still strictly obey the general rule.
Nov II from a certain general lin. on the face oil
the country, delineated the man, rivers arc
found wing away in opposite directions, how
ever strongly It may be asserted that the mountains
or eminenccs ore but isolated elevations il 10 never
theess absolutely certain that such line does in
fact define ridge Of highlands which turns the wa.
tiers both ways.
And as the Commits o1ers in 1888 had the mar
Leore them; they saw tho O1ralle ism OF the sea
coast and the course Of the 81 Lawrence; as they
saw rivers rising from commo1 line and running
some nor:h or northwest, nd hers south or south
east; and as they speak Of OF these rivers al
emptying themselves into the Rvr 81. Lawrence
and OF me others falling into the Atlantic ocean ana
ns they mako no third class is there n re1sona
bic doubt in which class they intend 10 comprehend
oil the rivers running in direction from the ST.
Lawrence, whether falling Immediately or only ul.
timately into the Atlantic ocean,
If there be nothing incoherent or inconsequential
IN this chain Of remarks, II will satisfy your Lord