The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1842-11-18


thing To be sought for and found
>. - mat angie Is TO be ascertaned by running
me due north from the of the ST Croix river
VII ,hat line reaches the highlands, aud where such
horth line ntersect the highlands there is the angle
and thence the line is To run along the said highlands
which said highlands divide those rivers which
empty themselves into the river ST. Lawrence from
those that fall into the Atlantic ocean. The angle
required, 'ereore, is angle made by the ntersec-
tion oil due north line with highlands, from one
slope OF which the rivers empty themselves INTO the
river 81 Lawrence, and from the other into the At
| lantic ocean,
D. Supposing 1t 10 be matter of doubt whether The
81 johns and the Ristgouch are rivers falling into
The Atlantic ocean, in the sense of the treaty then
the rule oil just Interpretation is, that if element
or one part IN the description he uncertain il To he
explained by others which certain, if there be
such others. Now there is no doubt as to the rivers
"hich iaii INTO the ST. Lawrence They certain,
and 10 their sources the north line TO rum since
thelr sources the highlands required by the treaty do
certainly exist And departing for moment from
he RUE just prescribed TO myself will remind your
ordship mat The JOINT commissioners and agents OF
the TWO Governments in 1917, in giving the survey
ors Instructions for finding these highlands directed
them IN terms, TO proceed upon due north line still
they should arrive at some of the streams con-
nected with The river St Lawrence, and then to ex-
pore the highlands from that point to the northwes
ernmost head of Connecticut river. 1t is indsputa-
ole that line run according to these Instructions
tnus given by the commissioners and agents OF both
| governments, would give to the United States all
that they have at any time claimed.
A. Ii IS certain that by the treaty the eastern boun-
Diary of the United States, from the head Of the St
Croix is to be due north and south line And il is
equally certain that this line is to north till IT
reaches highlands from whose northern watershed
| the rivers flow into the river St Lawrence.
| D. These two things being, automatically,
and the other physically certain in themselves, and
capable oil being precisely marked and delineated,
explain or control the uncertainty if there be uncer-
| other ell of he rln-
| ton.
| b. The British argument assuming that the Bay of
tundy, and more especially the Bay of Chaleur, are
not the Atlantic ocean, within the meaning of the
treaty, insists that the rivers flowing into these bays
are not therefore, in the of the treaty rivers
falling into The Atlantic, and therefore the highlands
| to which the United States claim, have not that
southern or eastern watershed which the treaty calls
Tor, and as 1t is agreed, nevertheless, that must
| somewhere Ind highlands, and go to them whose
northern waters run into the St Lawrence, the con-
cuson Is, that the different parts of the description in
the treaty do not here and that therefore the trea
| ty cannot be executed
I. Our answer 10 this as is obvious from what has
| already been said, is twofold.
| FIRST. What may be doubtful in itself, may be
made certain by other things which certain; and
inasmuch as the treaty does certainly demand due
north line, and does certainly demand the extension
OF that line TO highlands from whose northern sides
The rivers flow into the river ST. Lawrence, thence
Two clear requirements make it plain that the parties
10 the treaty considered, in fact, the rivers flowing
from the south east of the said highlands to be
vers falling ino the Atlantic ocean, because they have
placed 81 Lawrence rivers, and the Atlantic rivers
IN contradstincton to each other as rivers running
IN opposite directions, but with their in the
same highlands Rivers fed from these highland
fountains, running north or northwest, rivers
emptying themselves into the ST. Lawrence and RI
vers arising from the same fountains and running in
an opposite direction seem to be clearly meant to
be designated by the character Of Atlantic rivers
And, as strongly corroboratlng this view of the sub
Jecl' allow me to call your lordshps attention to two
facts.
l. The coast Of the Atlantic ocean, from Penobscot
river northeasery, and the western shore of the Bay
Of Fundy. which is but continuation of the coast
ana Is IN line with It, is very nearly parallel TO the
course oil the river st. Lawrence through the same
ATTITUDES. This is obvious from the map.
'he iivers which, from their sources in the same
ridge flow respectively into the ST. Lawrence and in
TO the Bay of Fundy and into the Bay of Cha
leur, run with remarkable uniformity in directions
almost exactly opposite, as if Fastening away from a
common origin TO their different destinations by the
shortest course The only considerable exception
TINS IS The northern sweep of the upper part of the
st. Johns; hut the smaller streams flowing into this
part OF that river from the west still strictly obey the
general rule.
Now IT, from a certain general line on the face OF
the country, or as denented on the map are
iound flowing away in opposite directions, however
strongly 1t may be asserted that the mountains
nences are but isolated elevations il is nevertheless
absolutely certain that such line does in fact define
a ridge of highlands which turns the waters both
ways
And, as the commissioners in 1883 had the map be-
fore them; as they saw the parallelism Of the
coast and the course of the st. Lawrence as they
saw rivers rising from common line and running
some north or northwest, the others south or south
east and they speak of some of these rivers as
emptyng themselves into the river St Lawrence, and
of the others falling into the Atlantic ocean and
they make third class is there reasonable doubt
in which class they intended to comprehend all the
rivers running in direction from the st. Lawrence
whether falling Immediately or onyultin,aeIv in the
Atlantic
If there be nothing ncoherent or nconsequential in
this chain Of remarks, it will satisfy your orlshp
trust, that it is not without that American OPT
MON has Sc tied firmly in the conviction of the rights
OF the American side of the Ques ion and iorbcaI
from going into the consideration of the mass of other
arguments and proofs for the reasons which
strain your lordshp from entering into extended
f discussion of the question: well as because your
lordshp will have opportunity of perusng paper
addressed to me by the commissioners of Maine
which strongly presents the subject other grounds
and in other lights.
am now TO consider your ordship's note Of the
2ls June. Before entering upon this 1 have the
Presidents instructions, to say that he fully apprec
aes the motives which induced your ordshp, person
ally, TO undertake your present mission that he j.
quite aware that your public life has been dstin
gulshcd by efforts TO maintain peace and harmony be-
tween he TWO countries mat ne qute well recollec
that your exertions were employed to prevent the late
war, and that he doubts not the sincerity of your dec
laraton that nothing could 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 race. And have tho
utmost pleasure, my lord in acknowledging the frank
ness candor, and plain dealing which have character
lied your official intercourse with this Government
nor am permitted inclined TO entertain any doubt
of your lordshps entire conviction, expressed by
YOURSELF to the merits of this controversy and the
Difficult les of the case. The question before us is whe
Their these confident opinions, both sides, of the
righiu nature and just strength Of our respective
claims, will permit us, while desire to preserve
harmony and disposition to yield literally 10 muu
al convenience so strongly incite us TO come tnge