A British army, as it was,--is,--and ought to be

by James Campbell

"If it can be shown, as it easily may, that there existed a then known tract of country called "the Highlands," which had been in use in former official documents, and which did separate the river flowing south into the Atlantic Ocean from others flowing into the St. Lawrence and into the St. John, which emptied itself into the Bay of Fundy, not into the Atlantic Ocean,—if also the documents of the period show that it was a leading object with Great Britain to preserve to their dependencies the exclusive navigation of the river St. John, and that the river St. Croix, and the line drawn north from it to the said highlands, were fixed as boundaries to the land conceded to the States, for the purpose of securing this exclusive possession,—if it can be shown that a tract of country so circumstanced was one of the concessions specially objected by Mr. Fox, Mr. Burke, Lord North, and Mr. Sheridan, in the debates upon the peace (wherein upon a division, the numbers were, against the Ministry 224, in favour 208), under the name Penobscot, the principal river of the tract, which, with its tributary streams did rise on the south side of these highlands, and did fall into the Atlantic Ocean—if, too, as appears from all these circumstances, the district now called Maine, was no other than the district ceded to Massachusetts, under the name Penobscot, the very objections made by these leading oppositionists afford the strongest possible proof that the claims of an additional extent now made by Maine and Massachusetts were unjust and unreasonable, and more palpably absurd and untenable, when it is considered, that with a view to obtaining a right to the navigation of the St. John, the negociators did actually endeavour to obtain the portion of country lying between the St. Croix—the St. Croix line and the St John, then first attached to the government of Nova Scotia—and that the secret articles of Congress prove it to have been a subject of debate, whether the war should be continued on account of such additional territory, (a question which was decided in the negative). The very contest about the navigation of the St. John, also is in itself a proof of the unsoundness of the claim, for it would be of little value to shut out the mouth of the St. John, and the extent of its course cut off by the St. Croix, and the northern line, if, by allowing America possessions beyond the then known highlands, you had conceded a territory connecting them with the St. John; and such would be the case by allowing the extension of their settlements beyond the highlands to the Aristook. I take it this fact of itself is sufficient to prove the injustice of the claim.

"Moreover, the district so conceded, under the name Penobscot, and which is no other than the present Maine, does actually fulfil the special conditions laid down in the second article. It includes all the rivers which flow from the highlands, and fall into the Atlantic, and includes no other, and after crossing these said highlands, not one river, except the St. John, does flow south towards the Atlantic, except as a tributary stream of the St. John, through the Bay of Fundy.

"Neither can it be said that these tracts were then as little known at the conclusion of a war, in which every part had been traversed, as they have been to later Colonial Ministers, for the Government of that day met the objections made to the cession of Penobscot in this way:—One objector had stated that it ought not to have been ceded by a maritime state, on account of the wonderful supply of excellent timber for masts which it was known to afford. In opposition to which, the Minister stated, "that it was proved by the certificate of Captain Twiss, one of the ablest surveyors in the service, that there was not a tree in the tract capable of making a mast."

"And one leading member of the Opposition, condemning the neglect of Government in not making terms for the deserted loyalists, who had forfeited their property by adhering to Great Britain, put his question in these terms—"Could not all the surrenders we were to make—the surrender of New York, the surrender of Charleston, of Long Island, Staten Island, Penobscot, and Savanna, purchase security for these meritorious persons?" Now, how much stronger would have been the argument, if the cession of Penobscot had not been limited, as the British boundary line limits it, by the highlands, but had extended further, so as to entitle the States to the waters of the St. John, and enable them to cut off the communication between Canada and Nova Scotia? He adds also, that the inhabitants of these very places were armed with us in the defence of their estates, and therefore we can only attribute the rise of Maine as a State to the circumstance of Massachusetts becoming possessed of the confiscated estates of Penobscot, the boundaries of the state of Massachusetts having previously been in a direct line from the Connecticut River to the Bay of Passamaquoddy.

"That the description given in the treaty of 1783, Art. 2,—'A line drawn due north from the heads of the St. Croix to the highlands, along the said highlands which divide those rivers that empty themselves into the St. Lawrence from those which fall into the Atlantic Ocean,' was a description known and acknowledged in 1783 both to American and British commanders and negotiators, is proved by the fact of that description being used not only in the act of 1774, but in the Royal proclamation of 1763. And this point is confirmed by another fact—viz. the movement of a detachment of the American army under Colonel Arnold for the invasion of Canada from the side of New England, while General Montgomerie invaded it by the upper side and the lakes, in September, 1775, in not more than seven years before the preliminaries of peace; and it is also to be observed that no part of Arnold's route came near the northern ridge of highland to which the Americans lay claim, and which in fact does not divide the rivers falling into the St. Lawrence from those falling into the Atlantic Ocean, but only divides those falling into the St. Lawrence from those falling into the St. John; whereas the ridge claimed by Britain, referred to in the 14th George III., 1774, and in the Royal proclamation of 1763, does actually separate all the rivers flowing southward into the Atlantic from all the rivers which flow north and north-east, whether they fall into the St. Lawrence or into the St. John; and further, upon the north side of the ridge claimed by Britain as the bound there does not rise a single river which falls into the Atlantic, while all the rivers rising on the south of the British boundary do fall into the Atlantic. It is a long passage to copy, but the whole may give your readers a better notion of the country traversed than were I merely to transcribe the passage which proves my point. Under that passage I shall therefore place a score:—

"'On the 22d of September, 1775, Arnold embarked upon the Kennebec (one of the rivers rising on the south of the British ridge, and flowing towards the Atlantic), in 200 batteaux, and proceeded with great difficulty up that river, having a rapid stream, with a rocky bottom and shores, continually interrupted by falls and carrying places, with numberless other impediments to encounter. In this passage the batteaux were frequently filled with water, or overset, in consequence of which arms, ammunition, and stores were lost to a great extent. At the numerous carrying places, besides the labour of loading and reloading, they were obliged to convey the boats on their shoulders. The great carrying place was above 12 miles across. That part of the detachment which was not employed in the batteaux marched along the banks of the river, and the boats and men being disposed in three divisions, each division encamped together every night. Nor was the march by land more eligible than the passage by water. They had thick woods, deep swamps, difficult mountains, and precipices, alternately to encounter, and were at times obliged to cut their way for miles through the thickets. The constant fatigue and labour caused many to fall sick, which added to their difficulties, and provisions became at length so scarce, that some of the men ate their dogs, and whatever else of any kind which could be converted into food.

"'Arriving at the head of the Kennebec, they sent back their sick, and one of their colonels took that opportunity of returning with his division, without the knowledge or consent of the Commander-in-Chief. By this desertion Arnold's detachment was reduced about one-third: they, however, proceeded with their usual constancy: and having crossed the Heights of Land, as a ridge that extends quite through that continent is called, and from whence the waters on either side take courses directly contrary to those on the other, they at length arrived at the head of the Chaudiere, which, running through Canada, falls into the River St. Lawrence near Quebec. Their difficulties were now growing to an end, and they soon approached the inhabited parts of Canada; on the 3d of November a party, which they had pushed forward, returned with provisions, and they soon after came to a house, being the first they had beheld for 31 days, having spent the whole time in traversing a hideous wilderness, without meeting anything human.'

"Now, here you have, in the report of a campaign made by an American general eight years before the peace, viz. in 1775, and printed in an English Annual Register five years before the peace, viz. 1799, as direct a reference to the same marked distinction of rivers flowing different ways, in consequence of the peculiar nature of the country, as it is possible to desire; and you have an acknowledgment, totidem verbis, that the then known designation of such tract was no other than that used in the article of the subsequent treaty, as it had been also used in the 14th of George III. by the British Legislature and in the Royal proclamation of 1763, and upon examining any map, that of the Useful Knowledge Society or any other, it will be seen that all the rivers rising on the south side of the British boundary do fulfil the terms of the above treaty, and that all on the other, or north side, do, as the above account of Arnold's march expresses it, 'take courses directly contrary.' The rivers on the south side flow towards the Atlantic Ocean, not one on the other side does flow towards it—in itself the most indisputable proof that the American claim cannot stand with those words of the article which assign to them only that tract of territory wherein the rivers flow towards and 'fall into the Atlantic Ocean.'

"I may here remark, that as the proclamation of 1763 is the earliest reference I know to these highlands so dividing the rivers, and as that proclamation proceeds from west to east, and as General Arnold found at the west end the peculiar marks required, the only really amicable, and perhaps the only certain, mode of ascertaining the bound, would be not to start on a loose cruise for highlands at the line of St. Croix, which can itself only be determined by its abutment with the specified highlands (in fact, I believe this loose and hand-over-head mode of proceeding has produced all the difficulty), but to start the search where General Arnold crossed, and run the line eastward according to the direction of the rivers, giving all the territory wherein 'the rivers fall into the Atlantic,' as by the treaty, to America, that wherein 'the rivers flow the contrary way' to Britain; for with this report of General Arnold's march seven years before under our view, it is impossible to believe that General Washington would have sanctioned a reference to so marked a distinction as these so-called 'highlands' in one sense, while he meant, in future times, the reference to be interpreted in another. Viewing the matter according to these lights, which is the only just mode of viewing it, as a case between Christians, Penobscot, the cession of which was reprobated in the British Parliament at the time (and when many officers who had been employed in Canada and in the States were present in both Houses), does fulfil the terms required by the treaty—namely, it embraces all the rivers which, rising on the south of Arnold's ridge, flow towards and 'fall into the Atlantic Ocean;' whereas, neither the boundary claimed by America nor the line set out by the King of Holland as a fair compromise, acceded to by the sufferer, Britain, and refused by the gainer, America, can in any wise be said to meet.

"I know not, Sir, whether you will think these remarks, and this information, upon a question likely to terminate in a war, or a disgraceful concession of the just rights of the British nation, may be useful or acceptable to you; but, such as they are, you are welcome to them, and may use them as you please; and allow me at the same time to add, there are other parts of the history of the same period which would cast considerable light upon the present extraordinary proceedings of the British Government in regard to Canada.