2 DEFINITIVE STATEMENT, 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. WASEMINGTON: 1829. CONTENTS. Page. I. 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 Bay of Fundy and the Gulf of St. Lawrence, 3. Objection derived from the designation of the Bay of Fundy, as distinct from the Atlantic Ocean. (First British Argument-Summary,) 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 right to the contested territory, 2. The Canadian origin and subsequent sales, &c. of the Fief of Mada- waska, are altogether irrelevant to the question, 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 95. 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 fall into the Atlantic Ocean,” · 2. The error in Mitchell's Map cannot affect the obvious meaning of the g 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- plied exclusively to the ground which divides rivers, without reference to the absolute elevation or character, in other respects, of such ground, 3. Mitchell's Map proves, that the negotiators did not, by - highlands, mean a generally mountainous country, 4. The surveys under the late Commission do not even prove the facts, (irrelevant if proved,) asserted, respecting the character of the highlands Page. 97. Objections derived from a presumed constant assertion of the British claim since the treaty of 1783. (Fourth British Argument–Summary) - 50 1. Attempts by Canada, 1783-1794, 50 2. Madawaska Settlement, 55 3. British claim not asserted, 1794-1814, 56 4. American claim asserted, 58 5. Negotiations of Ghent, 1814, 60 6. New Brunswick Jurisdiction, 62 Second Part.-The British Line examined, 63 $ 8. The terms of the treaty are irreconcilable with the British pretension, 63 1. The North-west angle of Nova Scotia must be on the dividing highlands, 64 2. The boundary line must, from the said angle to the North-westernmost source of Connecticut River, be along the said dividing highlands, 66 3. Interpolations and substitutions of other expressions to the terms of the treaty, suggested by the British Agent and Commissioner, under the late 68 4. Attempt to pervert the meaning of the word “to divide” 71 9 9. Intentions of the framers of the treaty of 1783, ascertained, 72 1. Deduced from the identity of the boundary, designated by the treaty, with those assigned by the previous public acts of Great Britain, to the 75 78 II. 10. NORTH-WESTERNMOST HEAD OF CONNECTICUT RIVER, 82 III. § 11. BOUNDARY LINE FROM THE CONNECTICUT RIVER, TO THE RIVER ST. LAWRENCE, 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 D Mr. Gallatin's Letter of the 25th December, 1814, 94 E Observations on the Engraved Maps, 95 F Adolphus's History of George the Third, 96 77 |