The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-09-19

and translated volumes Of reports from "a Norman
French and Latin Anew years Of prsc.ce tnwed Ia the
Congresses for two political terms, and ind him AT the
bar OF the Supreme Court Of the United States az Washing
be called school Of constitutional jurisprudence.
Nwoald be waste Of time " speak u that great case
Of Mr. wcbstcr's connection with Is too freshly
remembered In tribunals. So novel at that time
the principles involved IN H. that member Of the Court,
after cnsory inspection Of the record of the case, OK
pressed tho opinion that little OF importance could DO
urged in behalf Of tho plaintiff In error; bat so Arm Is
the basis which ia that and subsequent cases Of similar
character those principles We're established, That they
important portions Of the consttonala law OF the Union
Not less important, and at the time, not less novel
the prircipcs involved ia the celebrated case Of Gibbons
and Ogden. This grew ont Of grant by the State Of
New York 10 the assgnees Of Fulton OF the exclusive
~ No En,rc Sat-, Twenty Ave wars a..orwards NJ
Justice Wayne gave TO MIR Webster the credit Of having
mid down the broad CONSTITUTIONAL ground which the
rayigabe Of the United Staes every and
river lake and bay and harbor ia the country for
rescued from the grasp Of State monopoly 50 failed
the intention Of the legislature Of New York
rich pecuniary reward TO the great pereccr Of navi
CATION must have failed any attempt compensate by
money tho inesmable achievement. Monopolies could
not reward IT. silver and gold could weigh
value. Small services are paid with money! large ones
with fame. Fulton had his reward when, after twenty
years unsuccessful experiment and hope deferred, he
made the passage TO Abany by stean Franklin had
his reward when he saw the nbres Of the cord held
his kite stitching with the electricity which taey had
drawn from the thunder cloud as Calico his when he
pointed his little tube to the heavens and discovered the
Mcdicean stars; Columbus had his when he bched
from the deck OF his vessel moving light the shores
of his found world That one glowing unutterabie
thrill OF conscious success rs too exquisite to b. alleged
with baser metal. The midnight vgs, tho aching eyes
the fanting hopes turned at last into bewiderng
stacy Of triumph, cannot be repaid with gold The great
discoveries improvements and inventions which benent
mankind only be rewarded by opposition, obioquy,
poverty and an INDY ing name
Abiding to Websters diplomatist, Mr. Eve
alluded at length ~ the Northeastern boundary cues
ton and the Ashburon treaty, and related the following
circumstance The attempt 10 settle the controversy by
reference to the King Of the Netherlands had failed III
this state Of things, the boundary hal
tied for fifty nine years, aud had been controvered for
more than twenty; us negotiation and arbitration had
shown that neither party likely to convince the other
and in Of this kind IL is more important that
public controversy should be settled than how should
be Settled (of within reasonable iimts) Mr. Web
had from the FIRST contemplated conventional line.
Such hrc, and for the same reasons was anticipated in
lord Ashburtons instructions, and was accordingly
agreed upon by the two ncgotiatorsa line convenient
aud advantageous to both parties
Such adjustment, however like that which had been
proposed by the King OF the Netherlands, extremely
disiasteui 10 the people OF Maine, who standing their
rights adhered with the greatest enacy TO the boundary
described by the treaty of 1888, the United States had
always claimed it. As the opposition Of Maine had pre-
vented that arrangement from taking effect there great
to suppose that il would have prevented the aio
OF the conventional line agreed 10 by Mr. Webster and
Lord Ashburon, but tor the following circumstance.
This the discovery, the year before, by President
Sparks the archives 0i the Bureau OF Foreign As,
al Paris, Of copy Of small map Of North America, by
D'Anviils, published in l746 on which red line
drawn indicating boundary between .ae United states
and Great Britain favorable To the latter than sa
had herself claimed it. BY whom it was marked, for
what purpose did not appear from any Indication On the
map itself There also found, III the Bureau OF 70
reign Affairs in bound volume Of oici correspondence,
letter from Dr. Franklin ~ the Count dc Vcrgcnncs,
dated the 9Th of Decembersx days after the sigma
re Of the provisional artclessatimg that, in compliance
with the Counts request, an ON map seat him TOR the
prrose he had marked, 'wi,h strong red line, the
limits Of the United States, settled in the prcimInars !"
zhe French archives had been searched b. Mr. Can
nngs agents as long ago as 1921 but this map either
escaped their notice, had not been deemed
hem English
MAPS Of this region differ from each other, and
it Is known that the map used by the negotators Of the
treaty CT 1888 Mchels large map Of America, pub
shsd under the official sanction OF the Board OF Trade
Is5i D'Anve's map WIS but eighteen inches square;
aud small scale the difference of the two bolnda
ries would be but slight, and consequently open
lake. The letter Of the Count lie vergennes, transmitting
endorsement ON the redsiine map To show that il is the
map sent by the Count and marked by Franklin ID An
,les map published in 1916, ana it woai surely be
upwarraniable to take for granted, IN OF s.ch i'm
lortan that III the Of thirty years, could
have been maked with red line FOR other purpose,
aud by other person. Ii would DC 60 ay rash To
certain, either that the map marked BY Frank
lin the Count de vergennes deposited by him
me public arcves Or II 80 aeposied may not SUI be
hat DEPOSITORY The official correspondence Of Mr.. o.
wad the British ncgotator, retained by the British
Minister in his possession and does not appear
have gone into the public archives.
In the absence of all evidence To connect DR. Franlins
otter with the map could not court Of justice have
been received for moment a 30 a arSel was rssa1
~ liz sage Of the treaty This point urged in
debate w great force by Lord Broaghafn wno AS well
Sir Robert Peel literally defended Mr. Webster from
the charges which the opposition journals Ii London had
brought against him.
Information OF this map was the progress of the No
gctaticn, very properly communicated ~ Mr.. Webster
Ry Mr. Sparks For the reasons stated it could be
admitted proving anything. II was another niece of
evidence Of character and Mr. Webster could
have no assurance the day might proiuc.
some other map equally strong stronger the
side; which, as shaA presently state was soon
done in London.
In thin Of things he made the ouy OF it, which
could be legitimatey made, in communicating it to
Commissioners Of the State Of Maine and Massachusetts
the Senate piccc " conflicting evidences ent
tied to consideration likely to be urged of great lnpor
lance by the opposite party II the discussion should b. re-
newed increasing the difficulties which already surround
ed the question: and thus furnishing grounds Tor
agreeing to the proposed conventional hae No one
think acquainted with the history Of the controversy and
the state If public opinion and feeling doubt that,
but for this communication it would have been icut,
not impossible To procure the assent either Of Name
Of the Senate to the treaty.
This would seem to be going as far honor
required in reference to unauhenticsted doc slnant
having Of the properties OF ega evidence, exh
bited by the opposite party, and OF u nature TO he
outwcghed by contradictory evidence of the SAM
kind which was very soon done. BIT Mr.. Webster
was, ut the time, severely censured by the opposi.
ton press in England, and accused OF apofl,;y
and want Of good faith (an this charge has lately
revived IN elaborate and circumstanta manncr, for
not going with this map to Lord Ashburton; entirely
abandoning the American claim and ceding the whole Of
the disputed territory, than She asked, 10
Great Britain ON the strength Of this single piece Of doubt
full evidence.
SucI q charge scarcely deserves an answer; bN Two
things will occur To all impartial pers0ns-one that the
red line map, even hat it been proved to have been
marked by Franklin (Which it is mott would be but
piece of evidence to be weighed, with the words Of the
treaty, with all the other evidence the ease, ana espc
cally with the other maps and secondly, that such
it is pretended that Mr. Webster ought have
pursued, could only be reasonably required Of him.
condition that the British government had also produced
or would undertake to produce, all the evidence and cs
caly all the maps in its possession, favorable the
American claim.
As PUBLIC SPEAKER.
tn g1g nttxp sou Mr. Wsbct tors
transcendent ability public speaker the great
ona anniversaries and the patriotic celebrations Of the
country. But il would be impossible, within the limits Of
few paragraphs to do any kind such efforts
the discourse the twenty second December, at
Plymouth the speeches the laying the AMI
the completion of the Bunker Hill Monument the euogy
on Adams and Jefferson the character Of Washington;
the discourse laying The foundation the extension of
the Capitol. What gravity and significance in the topics
what richness of Illustration what soundness Of principle,
What clelevaon of sentiment, what ervor in the patriotic
appeals what purity. vgor, and clearness in the stylc