APPENDIX, No. XXIII. DEPOSITIONS ОР JOHN ADAMS AND JOHN JAY, AND DR. FRANKLIN'S AND JOHN ADAMS' LETTERS. From General Appendix to the Proceedings under the Fifth Article of the Treaty of Ghent. JOHN ADAMS' DEPOSITION. No. 23. John Adams and Franklin's & John respecting Mitch' position. "Mitchell's map was the only map or plan which was used by the Commission- Appendix. ers at their public conferences, though other maps were occasionally consulted by the American Commissioners at their lodgings; the British Commissioners at first Depositions of claimed to Piscataqua river, then to Kennebeck, then to Penobscot, and at length John Jay, and Dr. agreed to St. Croix, as marked on Mitchell's map. One of the American Ministers Adams Letters, at first proposed the river St. Johns, as marked on Mitchell's map, but his colleagues ell's Map. observing that as St. Croix was the river mentioned in the charter of Massachu- John Adams' Desetts Bay, they could not justify insisting on St. Johns; as an ultimatum he agreed with them to adhere to the charter of Massachusetts Bay, but whether it was understood, intended, or agreed, between the British and American Commissioners, that the river St. Croix, as marked on Mitchell's map, should so be the boundary as to preclude all inquiry respecting any error or mistake in the said map in designating the river Saint Croix, or whether there was any, and if so, what understanding, intent, or agreement between the Commissioners, relative to the case of error or mistake in this respect in the said map, that the case of such supposed error or mistake was not suggested, and consequently there was no understanding, intent, or agreement expressed respecting it." JOHN JAY'S DEPOSITION. sition. "In the course of the negotiations, difficulties arose respecting the Eastern boundary John Jay's Depoof the United States. Mitchell's map was before them, and frequently consulted for geographical information. In settling the boundary line (described in the treaty) and of which the river St. Croix forms a part, it became a question which of the rivers in those parts was the true river St. Croix, it being said that several of them had that name. They did finally agree that the river St. Croix laid down in Mitchell's map was the river St. Croix which ought to form a part of the said boundary line, No 23. Appendix. but whether that river was so decidedly and permanently adopted and agreed upon by the parties as conclusively to bind the two nations to that limit, even in case it Depositions of should afterwards appear that Mitchell had been mistaken, and that the true river St. John Jay, and Dr. Croix was a different one from that which is delineated by that name in his map, is John Adams and Franklin's & John specting Mitchell's Map. Adanis' Lette.sre a question or case which he does not recollect nor believe was then put or talked of. For his own part he was of opinion that the easterly boundaries of the United John Jay's Depo- States, ought, on principles of right and justice, to be the same with the easterly boundaries of the late Colony or Province of Massachusetts." Dr. Franklin's John Adams' Letter. DR. FRANKLIN'S LETTER. "I received your letter of the 31st past, relating to the encroachments made on the eastern limits of the United States by settlers under the British Government, pretending that it is the Western and not the Eastern river of the Bay of Passamaquody, which was designated by the name of St. Croix in the Treaty of Peace with that nation, and requesting me to communicate any facts which my memory or papers may enable me to recollect, and which may indicate the true river the Commissioners had in view to establish as the boundary between the two nations. I can assure you that I am perfectly clear in the remembrance that the map we used in tracing the boundary between the two nations was brought in the Treaty by the Commissioners from England, and that it was the same that was published by Mitchell above twenty years before. That the map we used was Mitchell's map, Congress was acquainted at the time, by a letter to their Secretary for Foreign Affairs, which I suppose may be found upon their files." Extract of a letter from John Adams to Lieutenant Governor Cushing, dated COMMONWEALTH OF MASSACHUSETTS, I hereby Certify, that it appears by the Records remaining in this Office, that John Avery, Jun., whose signature is borne on the paper to this Certificate annexed, was Seeretary of the Commonwealth of Massachusetts from October 27, 1780, until his decease in June, 1806. [L..S.] In testimony of which I have hereunto affixed the Seal of the said Commonwealth, in my custody and possession, this eleventh day of September, Anno Domini one thousand eight hundred and twenty-eight. EDWARD D. BANGS, -Secretary of the Commonwealth. An extract of a Letter from his Excellency John Adams, Esq., to his Honour Lieut. Governor Cushing, dated Auteuil, near Paris, October 25th, 1784. In writing upon the subject of the Line between Massachusetts and Nova Scotia, he observes as follows: "We had before us, through the whole Negociation, a variety of Maps; but it was Mitchell's Map upon which was marked out the whole of the Boundary Lines of the United States, and the River St. Croix, which we fixed on, was, upon that Map, the nearest River to St. John's, so that in all Equity, good Conscience, and Honour, the River next to St. Johns should be the Boundary. I am glad the General Court are taking carly measures and hope they will pursue them steadily, until the point is settled, which it may be now, amicably; if neglected long it may be more difficult." APPENDIX, No. XXIV. ADDITIONAL INSTRUCTIONS то JONATHAN BELCHER, CAPTAIN-GENERAL AND GOVERNOR-IN-CHIEF OF THE PROVINCE OF MASSACHUSETTS BAY, WHITEHALL, 5TH AUGUST, 1740, With copy of the King's Order in Council of the same date. John Bell Governor of the State of New Hampshire, TO ALL WHO SHall see these PRESENTS, GREETING: No 24. Know ye, that Richard Bartlett, whose Certificate is borne on the Pa- Appendix. per hereunto annexed, is Secretary of the said State, duly constituted and sworn; and that to his Acts and Attestations as such, full faith and credit are and ought to be given, in and out of Court, within and out Belcher. JOHN BELL. of the State. [L. 8.] In testimony wherof, I have caused the Seal of the State to be 'hereunto affixed. "Given under my hand at Concord, this twenty-sixth day of September, in the year of our Lord one thousand eight hundred and twenty eight, and in the fifty-third year of the Independence of the United States of America. Additional Instructions to Gov. 'Additional Instruction to Jonathan Belcher, Esq Captain General and Governor in Chief in and over His Majesty's Province of the Massachusetts Bay in New England in America, or to the Commander in [Loc. SIGILLI] Chief of His Majesty's said Province for the time being. Given at 'Whitehall the fifth day of August 1740 in the fourteenth year of His Majesty's Reign. Whereas Disputes and Controvercies have for many years subsisted between His Majesty's loving subjects of the Province of the Massachusetts Bay and New Hampshire in New England in regard to the boundaries between the said Provinces and whereas His Majesty was pleased by his Order in Council dated the 22nd January No. 24. structions to Gov. Beicher. Appendix. 1735 to direct that Commissioners should be appointed to mark out the dividing line between the said Provinces and also by his Majesty's order in Council of the 9th Additional In- February 1736 to direct that a commission should be prepared and pass'd under the Great Seal (which said commission was accordingly issued out) for authorising such Commissioners to meet within a limited time to mark out the dividing line between the said Provinces with liberty to either party who shall think themselves aggrieved by the determination of the said Commissioners to appeal therefrom to His Majesty in Council which said Commissioners did make their Report in the following wordsIn pursuance of His Majesty's aforesaid Commission the Court took under consideration the Evidencies, Pleas and allegations offer'd and made by each party referring to the controversy depending between them, and upon mature advisement on the whole a doubt arose in point of Law and thereupon the Court came to the following Resolution (vizt) "That if the Charter of King William and Queen Mary dated October the 7th in the third year of their Reign grants to the Province of the Massachusetts Bay all the lands which were granted by the Charter of King Charles the first dated March the fourth in the fourth year of His reign, to the late Colony of the Massachusetts Bay lying to the northward of Merrimack River, then the Court adjudge and determine that a line shall run parallel with the said river at the distance of three English miles North from the mouth of the said River beginning at the southerly side of the Black Rocks so called at low water mark, and from thence to run to the Crotch or parting of the said river, where the rivers of Pemigewasset and Winnepiseokee meet and from thence due North three English miles and from thence due West towards the South Sea, until it meets with His Majesty's other Governments which shall be the boundary or dividing line between the said Provinces of the Massachusetts Bay and New Hampshire on that side; But if otherwise then the Court adjudge and determine that a line on the Southerly side of New Hampshire beginning at the distance of three English miles North from the Southerly side of the Black Rocks aforesaid at low water mark and from thence running due west up into the main land towards the South Sea, until it meets with His Majesty's other Government shall be the boundary line between the said Provinces on the side aforesaid, Which point in doubt with the Court as aforesaid they humbly submit to the wise consideration of His Most Sacred Majesty in His Privy Council, to be determined according to his Royal Will and Pleasure therein. "And as to the Northern boundary between the said Provinces the Court resolve and determine that the dividing line shall pass up through the mouth of Piscataqua Harbour and up the middle of the River into the River of Newichwannock part of which is now called Salmon Falls and through the middle of the same to the furthest head thereof and from thence North two degrees Westerly until one hundred and twenty miles be finished from the mouth of Piscataqua Harbour aforesaid or until it meets with His Majesty's other Governments. And that the dividing line shall part the Isles of Shoales and run through the middle of the Harbour between the Islands to the Sea, on the Southerly side and that the south westerly part of the said Islands shall lye in and be accounted part of the Province of New Hampshire, and that the North Easterly part thereof shall lye in and be accounted part of the Province of the Massachusetts Bay and be held and enjoyed by the said Provinces respectively in the same manner as they now do and have heretofore held and enjoyed the same "And the Court do further adjudge that the Cost and charge arising by taking out the Commission as also of the Commissioners and their Officers (vizt) the two Clerks Surveyor and Waiter for their travelling expences and attendance in the execution of the same be equally borne by the said Provinces. And whereas appeals from the determination of the said Commissioners have been laid before His Majesty by the Agents for the re No. 24. Additional Instructions to Gov. Belcher. spective Provinces of the Massachusetts Bay and New Hampshire which said Appeals have Appendix. been heard before the Committee of Council for hearing appeals from the Plantations, who after having considered the whole matter and heard all Parties concerned therein did report unto his Majesty as their opinion, That the Northern Boundaries of the said Province of the Massachusetts Bay are and be a similar curve line pursuing the course of Merrimack River at three miles distance on the North side thereof beginning at the Atlantick Ocean and ending at a point due north of a place in the plan returned by the said Commissioners called Pautucket Falls and a strait line drawn from thence due West cross the said River till it meets with His Majesty's other Governments and that the rest of the Commissioners said Report or determination be affirmed by His Majesty which said Report of the said Committee of Council, His Majesty hath been pleased with the advice of His Privy Council to approve and to declare adjudge and order that the Northern Boundaries of the said Province of the Massachusetts Bay are and be a similar curve line pursuing the course of Merrimack River at three miles distance on the North side thereof beginning at the Atlantick Ocean and ending at a point due north of a place in the Plan returned by the said Commmissioners called Pautucket Falls and a strait line drawn from thence due West cross the said River till it meets with His Majesty's other Governments. And to affirm the rest of the Commissioners said Report or Determination whereof the Governor or Commander in Chief of His Majesty's said Provinces for the time being as also His Majesty's respective Councils & assemblys thereof and all others whom it may concern are to take notice :" It is therefore His Majesty's Will & Pleasure and you are hereby required and enjoyned under pain of his Majesty's highest displeasure and of being removed from your Government to take especial care that His Majesty's commands in this behalf be executed in the most effectual and expeditious manner to the end that His Majesty's good intentions for promoting the peace and quiet of the said Provinces may not be frustrated or delayed. And you are likewise hereby directed to communicate this Instruction to the Council and Assembly of His Majesty's said Province of New Hampshire and to cause the same to be entered in the Council Books thereof. And for your further Information herein an authentick Copy of the Plan returned by the said Commissioners is hereunto annexed. September 26, 1828.-I Certify that the foregoing, except the first fifteen Lines, is a true Copy from the Council Records, and that said fifteen lines are copied from a Copy of the Original Instruction "examined Feb. 1740," per |