Imágenes de páginas
PDF
EPUB

the Gulf of St. Lawrence,) from the Atlantic Ocean. Yet the references made in that Atlantie Ocean. Statement to common language and to public documents, respecting the use and effect of the specific names of the different parts of the Sea, render it necessary to shew, in the first instance, that the terms, “Rivers which fall into the Atlantic Ocean," con sidered independent of the effect which other parts of the treaty, or considerations drawn from other sources, may have on their meaning, do, where they occur in the treaty, embrace the rivers which fall into the said Ocean, through either of its two inlets, the Bay of Fundy and the Gulf of St. Lawrence.

It has never been disputed that, in their general geographical acceptation, the great divisions of the Sea embrace their subordinate subdivisions; nor that those subdivi. sions, including all inlets, bays and gulfs, are known by specific names. It cannot be denied, that, according to every rule of language, the generic term, when used alone, must be understood to embrace the subordinate subdivisions of the Sea or Ocean, known by that term; and that, when a specific name is used, it applies exclusively to the particular inlet, gulf or bay, designated by that name. When thus used apart from each other, there is neither confusion nor difficulty. The generic term embraces, the specific name designates, the subordinate inlets: each is used with propriety as the occasion may require.

No one can doubt that, when the Gulf of Finland, or the Adriatic, Hudson's Bay, or the Chesapeak, are specified by their distnict names, it is for the express purpose of considering them, for the time, apart and as respectively distinct from the Baltic, the Mediterranean, and the Atlantic: nor that, when the object is to designate with precision the situation of St. Petersburg, Venice, Amsterdam, or Baltimore, the particular inlet, gulf or bay, on which those cities are respectively situated, must necessarily be specified.

But this use of specific names does not at all prevent the use, or restrain the meaning of the generic terms, when there is occasion for them. Thus a British merchant, when speaking of the Mediterranean, or of the Baltic trade, always embraces that to Venice in the first instance, and that to St. Petersburg in the second. And thus, a voyage from an European port, whether to Baltimore, to Quebec, or to New-York, is always, and with equal propriety, called a voyage across the Atlantic.

The instances given in the 13th page of the British Statement are, therefore, irrelevant: nor is it perceived for what object Mitchell's Map has been appealed to, in reference to those general and specific designations. There are certainly on the American coast, two inlets of the sea, known by the names of “Bay of Fundy” and “Gulf of St. Lawrence;" and Mitchell's Map, in common with every other map, proves, in that respect, nothing more; unless indeed it should be inferred, that the much larger and more conspicuous characters of the words Atlantic Ocean had for object to represent it as a whole, of which the said bay and gulf were subordinate parts.

When the generic term “Atlantic Ocean,” and the distinct name of one of its inlets, are used in the same sentence, either as united together, or as contradistinguished from each other, the term “main” is expressly prefixed to that “ Atlantic,” or implied; the signification of the general term is thereby restrained; and it must be so understood as to exclude the inlet thus distinctly designated. Of this mode of expression, several instances are given in the British Statement.

Thus, Governor Pownall describes the rivers having their sources amidst certain ridges, as falling into the Bay of Fundy, or into the main ocean. That expression means, that some of those rivers had their mouths as far east as the Bay of Fundy; and the word main, prefixed to ocean, clearly proves, that he considered that bay as part of the ocean.

Atlantic Ocean.

any other

In the description of the boundary of East Florida, as defined by the Proclamation of 1763, the signification of the term “Atlantic Ocean” is, in the same manner, restrained, so as to exclude the Gulf of Mexico, and what is there called the Gulf of Florida; the word main, though not expressed as in the preceding case, being nevertheless necessarily implied.

There is, in this instance, a superfluous use of specific appellations. After having defined the land boundary, the residue would have been as explicitly and more correctly described, by simply saying, that the province was bounded on all other sides by the sea.

A striking instance of inaccuracy, arising from the same cause, is to be found in the article of a plan of a treaty with France, also quoted in the British Statement, in the following words: viz.

“ The Most Christian King shall never invade nor possess himself of Labrador, New Britain, Nova Scotia, Acadia, Canada, Florida, nor any of the countries, cities, or towns on the continent of North America; nor of the islands of Newfoundland, Cape Breton, St. John's, Anticosti, nor island lying near to the said continent, in the seas, or in any gulf, bay, or river."

If, on account of the disjunctive, or, it may be inferred, that gulfs and bays are altogether distinct from, and not embraced by the general word seas, (g) it may equally be concluded from the word nor, in the first member of the sentence, that Nova Scotia, Canada, Florida, &c. are not countries on the continent of North America. Notwithstanding such inaccuracy, this and similar sentences must be construed as they were clearly intended; and the word seas, as meaning the high seas,” and in that particular sentence, excluding any inlet, gulf, or bay of the seas.

In that clause of the treaty, however, which is at this moment alone under consideration, the term “ Atlantic Ocean” is not contradistinguished from, or united with, either of those, “ Bay of Fundy” or “Gulf of St. Lawrence.” It must necessarily, in its usual acceptation, and as the generic term, be understood there as including both those inlets, unless it can be shewn that, as is true with respect to some of its other geographical subdivisions, the term “ Atlantic Ocean,” when used alone, has been usually understood as excluding those two inlets.

Geographers have usually divided the whole of the seas into five great subdivisions: the Atlantic, the Pacific, the Indian, the Arctic, and the Antarctic Oceans; and when either of these are contrasted with each other, those great generic distinctions are admitted and proper. But the acceptation of terms, as generally used in common language, is the only proper guide in the interpretation of treaties; and there are several European seas, which, though embraced by the geographical definition, are commonly .considered as not included within the term “ Atlantic Ocean."

The Mediterranean and Black Seas were the first known to the ancient civilized nations; they were therefore the first which received special appellations: and that of Mediterranean has been used from the earliest times to distinguish the sea, still known by that name, from the sea without the straits, at first called Ocean, and now Atlantic Ocean. By a parity of reasoning, the Baltic, being a close sea, was from its first discovery considered under that name, as distinct from the ocean.

And although, as has already been shewn, (h) the Irish Channel and the North Sea are held, in correct geographical language, to be included in the general term “ Atlantic Ocean,” it is also true that the term “North Seas” is commonly used as comprehending both the Baltic and the North or German Sea; and that the term “Chan

[ocr errors]

(8) The word seas is in this instance taken in the British Statement as synonymous, as it really is, to the Atlantic Ocean.

(1) Written Evidence, No. 6.

the Gulf of St. Lawrence,) from the Atlantic Ocean. Yet the references made in that Atlantic Ocean. Statement to common language and to public documents, respecting the use and effect of the specific names of the different parts of the Sea, render it necessary to shew, in the first instance, that the terms, “Rivers which fall into the Atlantic Ocean," con. sidered independent of the effect which other parts of the treaty, or considerations drawn from other sources, may have on their meaning, do, where they occur in the treaty, embrace the rivers which fall into the said Ocean, through either of its two inlets, the Bay of Fundy and the Gulf of St. Lawrence.

It has never been disputed that, in their general geographical acceptation, the great divisions of the Sea embrace their subordinate subdivisions; nor that those subdivi. sions, including all inlets, bays and gulfs, are known by specific names. It cannot be denied, that, according to every rule of language, the generic term, when used alone, must be understood to embrace the subordinate subdivisions of the Sea or Ocean, known by that term; and that, when a specific name is used, it applies exclusively to the particular inlet, gulf or bay, designated by that name. When thus used apart from each other, there is neither confusion nor difficulty. The generic term embraces, the specific name designates, the subordinate inlets: each is used with propriety as the occasion may require.

No one can doubt that, when the Gulf of Finland, or the Adriatic, Hudson's Bay, or the Chesapeak, are specified by their distnict names, it is for the express purpose of considering them, for the time, apart and as respectively distinct from the Baltic, the Mediterranean, and the Atlantic: nor that, when the object is to designate with precision the situation of St. Petersburg, Venice, Amsterdam, or Baltimore, the partieular inlet, gulf or bay, on which those cities are respectively situated, must necessarily be specified.

But this use of specific names does not at all prevent the use, or restrain the meaning of the generic terms, when there is occasion for them. Thus a British merchant, when speaking of the Mediterranean, or of the Baltic trade, always embraces that to Venice in the first instance, and that to St. Petersburg in the second. And thus, a voyage from an European port, whether to Baltimore, to Quebec, or to New-York, is always, and with equal propriety, called a voyage across the Atlantic.

The instances given in the 13th page of the British Statement are, therefore, irrelevant: nor is it perceived for what object Mitchell's Map has been appealed to, in reference to those general and specific designations. There are certainly on the American coast, two inlets of the sea, known by the names of “Bay of Fundy” and « Gulf of St. Lawrence;' and Mitchell's Map, in common with every other map, proves, in that respect, nothing more; unless indeed it should be inferred, that the much larger and more conspicuous characters of the words Atlantic Ocean had for object to represent it as a whole, of which the said bay and gulf were subordinate parts.

When the generic term “ Atlantic Ocean," and the distinct name of one of its inlets, are used in the same sentence, either as united together, or as contradistinguished from each other, the term “main” is expressly prefixed to that " Atlantic,” or implied; the signification of the general term is thereby restrained; and it must be so understood as to exclude the inlet thus distinctly designated. Of this mode of expression, several instances are given in the British Statement.

Thus, Governor Pownall describes the rivers having their sources amidst certain ridges, as falling into the Bay of Fundy, or into the main ocean. That expression means, that some of those rivers had their mouths as far east as the Bay of Fundy; and the word main, prefixed to ocean, clearly proyes, that he considered that bay as part of the ocean.

Atlantic Ocean.

[ocr errors][ocr errors][merged small][merged small]

In the description of the boundary of East Florida, as defined by the Proclamation of 1763, the signification of the term “ Atlantic Ocean” is, in the same manner, restrained, so as to exclude the Gulf of Mexico, and what is there called the Gulf of Florida; the word main, though not expressed as in the preceding case, being nevertheless necessarily implied.

There is, in this instance, a superfluous use of specific appellations. After having defined the land boundary, the residue would have been as explicitly and more correctly described, by simply saying, that the province was bounded on all other sides by the sea.

A striking instance of inaccuraey, arising from the same cause, is to be found in
the article of a plan of a treaty with France, also quoted in the British Statement, in
the following words: viz.

« The Most Christian King shall never invade
nor possess himself of Labrador, New Britain, Nova Scotia, Acadia, Canada, Florida,
nor any of the countries, cities, or towns on the continent of North America; nor of
the islands of Newfoundland, Cape Breton, St. John's, Anticosti, nor of any other
island lying near to the said continent, in the seas, or in any gulf, bay, or river."

If, on account of the disjunctive, or, it may be inferred, that gulfs and bays are
altogether distinct from, and not embraced by the general word seas, (g) it may equal-
ly be concluded from the word nor, in the first member of the sentence, that Nova
Scotia, Canada, Florida, &c. are not countries on the continent of North America.
Notwithstanding such inaccuracy, this and similar sentences must be construed as they
were clearly intended; and the word seas, as meaning the high seas,” and in that
particular sentence, excluding any inlet, gulf, or bay of the seas.

In that clause of the treaty, however, which is at this moment alone under consideration, the term “Atlantic Ocean” is not contradistinguished from, or united with, either of those, “Bay of Fundy” or “Gulf of St. Lawrence.” It must necessarily, in its usual acceptation, and as the generic term, be understood there as including both those inlets, unless it can be shewn that, as is true with respect to some of its other geographical subdivisions, the term “ Atlantic Ocean,” when used alone, has been usually understood as excluding those two inlets.

Geographers have usually divided the whole of the seas into five great subdivisions: the Atlantic, the Pacific, the Indian, the Arctie, and the Antarctic Oceans; and when either of these are contrasted with each other, those great generic distinctions are admitted and proper. But the acceptation of terms, as generally used in common language, is the only proper guide in the interpretation of treaties; and there are several European seas, which, though embraced by the geographical definition, are commonly considered as not included within the term 6 Atlantic Ocean.”

The Mediterranean and Black Seas were the first known to the ancient civilized nations; they were therefore the first which received special appellations: and that of Mediterranean has been used from the earliest times to distinguish the sea, still known by that name, from the sea without the straits, at first called Ocean, and now Atlantic Ocean. By a parity of reasoning, the Baltic, being a close sea, was from its first discovery considered under that name, as distinct from the ocean..

And although, as has already been shewn, (h) the Irish Channel and the North Sea are held, in correct geographical language, to be included in the general term "At-, lantic Ocean,” it is also true that the term “ North Seas” is commonly used as comprehending both the Baltic and the North or German Sea; and that the term “Chan

[ocr errors][ocr errors][ocr errors][ocr errors][merged small]

(g) The word seas is in this instance taken in the British Statement as synonymous, as it really is, to the Atlantic Ocean.

(h) Written Evidence, No. 6.

nel” has also been used as including both the “Manche” or British and the Irish Aiantic Ocean. Channel

Long usage has consecrated those expressions; and it will therefore be admitted, that although geographers, in their great divisions of the Ocean, consider those several seas as parts of the Atlantic Ocean, they are generally, in common language, taken as distinet; so as to render it doubtful whether the term “ Atlantic Ocean,” used by itself in a public doeriment, could be properly understood to include those inland seas. But it may be confidently asserted, that in common language, as well as in its geographical acceptation, the term “ Atlantic Ocean," when used alone, and its meaning is not restrained by some other expressions, has ever been held to embrace all the inlets, bays, and gulfs of the American coast; or, that if there has ever been any exception, it is solely that of the Gulf of Mexico.

Thus Governor Pownall, when speaking generally of the Atlantic Ocean, considers it as embracing even the Gulf of Mexico. “We know from observation how much higher the Atlantic Ocean is than the Pacific; and how it is piled up against the American coast on the western shore of the Gulf of Mexico, driven thither by the trade winds,” &c.

Mr. Bouchette, Surveyor General of Lower Canada, in his topographical description of that province, (1) speaks of “the vast collections of fresh waters forming the chain of lakes, that, through the channel of the St. Laurence, descend like another sea, to swell the bosom of the Atlantic.” And again, “the River St. Lawrence

receives nearly all the rivers that have their sources in the extensive range of mountains to the northwards, called the Land's Height, that separates the waters falling into Hudson's Bay, still further to the north, from those that deseend into the Atlantic."

In this last instance, the term “ Atlantic" embraces both the River and Gulf of St. Lawrence. In the first, as the channel of the St. Lawrence can mean nothing but the River St. Lawrence, which empties itself into the gulf of the same name, that gulf is there again identified with the Atlantic.

In another place he says, " Beyond this range, at about fifty miles distance, is the ridge generally denominated the Land's Height, dividing the waters that fall into the St. Lawrence from those taking a direction towards the Atlantic Ocean. This chain commences upon the eastern branch of the Connecticut river, takes a north-easterly course, and terminates near Cape Rosier, in the Gulf of St. Lawrence.” As the ridge there described commencés on Connecticut River and terminates at Cape Rosier, the waters divided by that ridge from those that fall into the River St. Lawrence, embrace the rivers that empty themselves both into the Bay of Fundy and into the Gulf of St. Lawrence.

It is declared, in the Proclamation of 1763, to be the royal will, that no Governor of the colonies of Quebec, East Florida or West Florida should presume to grant lands beyond the bounds of their respective governments; “as also that no Governor or Commander in Chief of our other colonies or plantations in America, do presume, for the present, and until our further pleasure be known, to grant any warrant of survey or pass patents, for any lands beyond the head or sources of any of the rivers which fall into the Atlantic Ocean from the west or north-west.”

Those other colonies, lying between those of Quebec and East Florida, extended along that line of demarcation beyond which it was forbidden to grant lands, from the north-easternmost sources of the River Susquehanna which lie north of the 420 degree, to those of the Altamaha River in 33 degrees of north latitude.

The space occupied along that line by the sources of the Susquehanna, Potomac,

(i) Written Evidence, No. 43..

« AnteriorContinuar »