Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-09-20
DOMESTIC.
CORRESPONDENCE WITH BRITISH SPECIAL MISSION
NoRTnEAsTERN AND NoRTHwEsTERs BOUNDARY.
Continued
Mr.. WcGster TO Lord .4Skburfon.

Mr. WeGster to Lord .4shburfon.
DEPARTMENT OF STATE,
Washington, July 8, 1872
My Lord-Your notes of the 18th and 2lst OF june
were duly received In the first Of these, you correctly
say, that in our conference the Boundary Qnesnoa,
we have both been of opinion that advantage wouia
be gained by resorting at this time to the IL
length Of the grounds which each party considers
its clam of right to rest AT the same time you deem
1t expcdient vertieess 10 offer observations,
calculated, in your Judgment to rcpel supposed ale
CATION suggestion, that this controversy only began
in 1914 that up to that period the American cuim was
undispured and that the English claim, as now sci
forth is founded merely in motives of interest. NO,
thing is more natural than that your Lordslp should
desire to repe an imputation which would impeac The
sincerity and good faith of your Government, and ali
the weight which Justice and candor require, are gwen
to your Lordshps observations in this respect II Is not
my purpose, do do consider it pertinent to The &C.
custom 90 into consideration OF the ncts and reasoh
nps scented by you show the good faith and since
ry of England in the claim asserted by her Any such
discussion would be departure from the question oil
ripht now subsisting between the two Governments,
and would be more especially unfit for an occasion IN
which the parties are approaching each other IN q
friendly spirt with the hope OF terminating the con
troyersy by agreement Following your Lordship s
e,ample. however must be pernnlted to say, that
few questions have ever arisen under TINS Government
in regard to which, stronger or more general cony'c
ton was felt that the country in the right than tins
question of the Northeastern boundary. To say no.
Thing of the sentiments of the Government and people
of the States directly interested whose opinions
NAV be supposed capable of bias, both Houses OF Con-
oress after full and repeated consideration, have affirm
ed the validity of the American claim, by unanlm,iy
xperenced on very few other subjects, and the ge-
neral Judgment of the whole people seems TO be the
same way.
| Abstainine from all historical facts, all c"ntempora
ncous exposiions and all external arguments and CIR
cumstances will venture to present 10 your ordshp
cd wis of
This country the conviction that boundary line may
be ascertained, rum and deneated with provisions,
under nd according the words oil the stipulation IN
the treaty of 1885, that doubt can be raised by any
part of that stipulation which other parts OF 1t do not
remove or xpain, and that line SO run would include
all that the IT, S. claim. This view is presented by
series Of short propositions
l. The Northwest angle of Nova Scotia is the thing
to be sought for and found
Tint angle is 10 be ascertained by running line
dine North from the source Of the ST. Crox River, till
that line reaches the highlands, and where such North
line intersects the highlands, there is the angle; ana
thence the line is TO along the said highlands
which said highlands divide those rivers winch empty
themselves into the river ST. Lawrence from those that
fall into the Atlantic Ocean. The angle required,
therefore is an angle made by the intersection OF
due North line with the highlands, from one slope oil
which the rivers empty themselves INTO the river d.
Lawrence and from the other INTO Inc Aant'c ocean
B. Surprising it TO be matter of doubt whether The
ST. Johns and the Ris,gouch rivers falling into the
Atlantic Ocean in the sense of the treaty, then the
rule of Just Interpretation is, that 1t one element or one
mart in the description be uncertain rs TO be explain
ed by others which are certain fthere be such others
Now there is doubt as 10 the rivers winch fai m
to the ST. Lawrence. They are certain, and TO their
sources the North line 10 run, since at their sources
the highlands required by the treaty do certainly exist
and de partng from the rule just prescribed to myself
will remind your Lordship that the JOINT Commission
ers ard the agents of the two Governments in 1871
in giving the surveyors instructions tor finding these
highlands directed them, in terms, TO proceed upon
due North line, "t they should arrive al some one OF
the streams connected with The river 81 Lawrence,
and then to xpore the highlands from that point to the
head Of Connecticut river 1t 10 IN
disputable that line according TO Their 'nstuc.
tons thus given by the Commissioners and agents OF
both Governments, would give 10 the w. D Ill 'hal '"ey
have Mt any time clamed
II is certain that BY thetreay the Eastern bounda.
~ of The u s. from the head Of the ST. Crox, is 10
be due North and South line. And 1t Is equally GER
tain tha, the line is TO run North until il reaches the
highlands from whose Northern waters head The rivers
winch flow into the river ST Lawrence.
s. These Two things being, one automatically, ana
The other physically certain IN the mselves, and capable
of being precisely marked and delneated, explain or
control the uncertainty, if there be uncertainty IN the
other part or element of the description.
g. The British argument, assuming that the Bay OF
Fundy, and now especially the Bay Of Chaeur. are
not the Atlantic Ocean, within the meaning OF the
aty insists that the rivers flowing into these nays
are not, therefore in the sense OF the treaty. myers ia
ing into the Atlantic and therefore the highlands 70
whch the United States claim, have not that Southern
and Eastern watersheds which the treaty calls Tor, ana
as is agreed nevertheless that we must somewhere
find highlands and 90 them, whose Northern waters
run into the ST. Lawrence, the conclusion is, that the
different parts of the description IN the treaty 90 not
cohere and that therefore the treaty cannot be exc
cuted.
:. Our answer 10 this, as is obvious from what has
already been said is twoold.
1st What may b. doubtful in itself, may be made GER
tain by other things which arc certain; and nasnucn
the Treaty does not certainly demand que ,n.
line and does certainly demand the extension OF that
line 10 the highlands, from whose Northern SIDES Inc
rivers flow in The river ST. Lawrence, these two clear
requirements make it plain, that the parties 10 lne
Treaty considered in fact, the rivers flowing IRON he
South or East of the said highlands, TO be rivers iaing
into The Atlantic ocean, because they have placed the 81
Lawrence river and the Atlantic rivers in contradIs
tpction to each other rivers running IN opposite u
recons but with their sources IN The same h'sh"n"s
Rivers fed from these highland fountains running
North or Northwest, are rivers emptying themselves
into the ST. Lawrence and rivers rising from the
same fountains, and running in an opposite direction,
seem 10 he as clearly meant TO be designated ny the
character of Atlantic rivers And, Us strongly zorro
horating this Of the subject allow me to all your
lordshIps attention TO two facts.
l. The coast of the Atlantic ocean, from the fenobscot
river Noriheaserly, and the Western shore OF the Bay
of Fundy which is but continuation OF the COAST, ana
is in river with it, very nearly parallel 10 the course
Of the river ST. Lawrence through the same alltudes
THIS is obvious from the map.
,. The rivers which, from their sources in the same
ridge flow respectively into the ST. Lawrence and into
the Bay of Fundy and even into The Bay Of Chaeur,
run with remarkable uniformity in directions almost
e3ncy opposite, as if fastening away from common
oriun TO their different destinations by the shortest
cours The only considerable exception TO this IS the
Northern sweep Of the upper part Of the ST. Johns but
the smaller streams flowing into this part OF that river
from the West still strictly obey the general rule.
Now if, from certain general line on 'he lace OF
the country, or as deneated on the map, ''se.s u
found flowing away in opposite directions, however
strongly i, may be asserted that the mountains or em
nences are but isolated elevations, It IS
absolutely certain that such line does IN lac. oehne
ridge OF highlands which turns me wafer oon Why's
them IS they saw the paraelism of the sea coast and