DEFINITIVE STATEMENT, 2 ON THE PART OF THE UNITED STATES, OF THE CASE REFERRED, IN PURSUANCE OF THE CONVENTION OF 29TH SEPTEMBER, 1827, BETWEEN THE SAID STATES AND GREAT BRITAIN, TO HIS MAJESTY THE KING OF THE NETHERLANDS, FOR HIS DECISION THEREON. PRINTED, BUT NOT PUBLISHED. WASHINGTON: PRINTED AT THE OFFICE OF the united states' TELEGRAPH. 1829. CONTENTS. NORTH-WEST ANGLE OF NOVA SCOTIA, &c. § 1. Preliminary Observations, First Part.-Objections to the American Line examined, § 2. General Arguments, applicable to both the Bay of Fundy and the Gulf of 1. Refutation o the assertion, that it was intended to assign to each Power, the whole of the rivers which had their mouths in their territories, re- 2. The term " Alantic Ocean," in its usual acceptation, embraces the 1. The special designation, which in one clause of the treaty, restrains, can- not affect the general meaning of the term "Atlantic Ocean," in another 2. Reason why the Bay of Fundy was thus specially designated in that § 4. Objections to the River St. John, derived from other sources than the terms of the treaty. (Second and Third British Argument-Summary,) 1. The proposal on the part of the United States, prior to the treaty of 1783, to make the River St. John the boundary, does not affect their 3. The notice, in 1765, not to hunt on Indian grounds, does not prove that they were held to be within the Province of Quebec. (Fourth British § 5. Objections relating to the Gulf of St. Lawrence, 1. Further proofs that the rivers, emptying themselves into that Gulf, are comprehended amongst those designated in the treaty, as "Rivers that 2. The error in Mitchell's Map cannot affect the obvious meaning of the § 6. Objections derived from the signification of the term "highlands." (Fifth 1. That term, indeterminate in its general sense, does not necessarily mean a mountainous country; defined by the annexed condition of divid- ing rivers; proper in that general sense, as descriptive of any dividing 2. It is used as synonymous with "height of land;" which last term is ap- 3. Mitchell's Map proves, that the negotiators did not, by "highlands," 4. The surveys under the late Commission do not even prove the facts, (irrelevant if proved,) asserted, respecting the character of the highlands 48 iii Page. § 7. Objections derived from a presumed constant assertion of the British. 2. Madawaska Settlement, 3. British claim not asserted, 1794-1814, 4. American claim asserted, 5. Negotiations of Ghent, 1814, 6. New Brunswick Jurisdiction, Second Part.-The British Line examined, § 8. The terms of the treaty are irreconcilable with the British pretension, 4. Attempt to pervert the meaning of the word "to divide" § 9. Intentions of the framers of the treaty of 1783, ascertained, 1. Deduced from the identity of the boundary, designated by the treaty, 2. Inferred from the maps published between 1763 and 1783, 3. Proved by Mitchell's Map, which is acknowledged to have regulated the II. 10. NORTH-WESTERNMOST HEAD OF CONNECTICUT RIVER, III. § 11. BOUNDARY LINE FROM THE CONNECTICUT RIVER, TO THE RIVER ST. LAWRENCE, 82 86 NOTES TO THE STATEMENT. A Extent of the Fief of Madawaska, 88 B Governor Pownall's information, 88 C Surveys filed with the Commissioners under the 5th Article of the Treaty of Ghent, 89 94 |