A Compilation of the Messages and Papers of the Presidents. Volume 3, part 2: Martin Van Buren

by Unknown

We will now present some facts and remarks in regard to the surveys and explorings made by the commission under the fifth article of the treaty of Ghent, and the first fact that occurs is that the elevations taken by the British surveyor stop far short of where the waters divide, and we find no proof that these elevations were carried through by our own surveyors. If the British surveyor, after ascertaining he was still ascending and had in fact arrived at the lands at a branch of a river elevated 500 feet above the summit of Mars Hill, found it prudent to stop short, we see no good reason why the American agent did not proceed on and take accurate elevations at a place where the waters divide. If such a survey was made, the committee have not been able to obtain the evidence. It is not in the maps or documents in the library or office of the Secretary of State, and the committee believe that no such elevations have been taken northerly of the first waters of the Restigouche. It is, indeed, a little singular that we have so little evidence, not only in regard to this height of land, but also of the rivers which flow into the St. Lawrence to the left, and especially to the right, of the north line from the monument.

We know some of them, to be sure, such as the Oelle Kamouska, Verte, Trois Pistoles, Remouskey, and Metis on the left, and the Blanche, Louis, Magdalen, and others on the right of this line, but we know them chiefly as on maps and as transcribed from older maps, but very little from actual survey or even exploration. An examination of the sources of those rivers at the right of this north line, with the important natural boundary, the north shore of the Bay de Chaleurs, would accurately define the divisional line between the Province of Quebec and Nova Scotia, which extending west would intersect the due north line and thus form the northwest angle of Nova Scotia.

It moreover appears that little or no exploration has been made of the lands east of the due north line. It seems strange to us, although it may be satisfactorily explained, why we should have been drawn away from this very important region. It is, indeed, the true source of inquiry. In this direction the evidence is to be found, and Maine can never be satisfied until it is looked for here.

An extraordinary method of adjusting this question, though in perfect accordance with other pretensions, has been proposed by Great Britain—that the disputed territory should be divided in equal portions, each party being satisfied of the justice of its claims. To this proposition we can not subscribe. It is equally unjust between nations and individuals. Whether a party in controversy is satisfied or not with the justice of his claims is what is only known to himself, and consequently the one whose claims are most exorbitant, however unjust, will always get the best end of the bargain. But such a rule would in this case apply most unfortunately to Maine. We are limited at farthest to the St. Lawrence, and to a very narrow point there, while the British may extend their claims to the south and west indefinitely. Establish this principle and we shall soon find their claims, already so progressive, stretched over to the Piscataqua, and then if we are to divide equally both as to quantity and quality the divisional line then would fall south of the Kennebec. If the want of the consent of Maine is the obstacle to such an adjustment, we trust it will always remain an insuperable one. Indeed, we protest against the application to us of such a rule as manifestly unequal and unjust.

We come now to the recent transactions of the British colonial authorities, sanctioned, as it appears, by the Government at home, and we regret to perceive in them also those strong indications of continual and rapid encroachment which have characterized that Government in the whole of this controversy. Mr. Livingston, in his letter of 21st July, 1832, proposes that "until the matter be brought to a final conclusion both parties should refrain from the exercise of jurisdiction," and Mr. Vaughan, in reply of 14th April, 1833, in behalf of his Government, "entirely concurs." Here, then, the faith of the two Governments is pledged to abstain from acts of jurisdiction until all is settled. Now, how are the facts? We understand, and indeed it appears by documents herewith exhibited, that an act has passed the legislature of New Brunswick "incorporating the St. Andrews and Quebec Railroad Company," that the King has granted, £10,000 to aid the enterprise, and that the legislature of Lower Canada, by its resolutions of both houses, has approved the scheme and promised its cooperation. It may be that the Government at home was not aware that this railroad must inevitably cross the disputed territory.

But this ignorance of the subject seems incredible. A railroad from St. Andrews to Quebec would be impossible unless it crossed the territory in question, even next to impossible and totally useless were it to pass at the north of the St. John. It seems, therefore, extraordinary indeed that the British Government, even in the incipient stages of this enterprise, should make an appropriation which is in direct violation of its solemn pledge. To give to a railroad corporation powers over our rights and property is the strongest act of sovereignty. It is an act of delegated power which we ourselves give to our own citizens with extreme caution and with guarded restrictions and reservations. This railroad must not only cross the disputed territory, but it crosses it 50 miles south of the St. John and almost to the southerly extremity of the British claim, extravagant as it is. By the map herewith exhibited of the survey of the route it appears that the road crosses our due north line at Mars Hill, thence doubling round it toward the south it crosses the Roostic between the Great and Little Machias, the Allegwash at the outlet of First Lake, a branch of the St. John south of Black River, and passes into Canada between "Spruce Hills" on the right and "Three Hills" on the left, thus crossing a tract of country south of the St. John 100 by 50 miles. We have not a copy of the act of incorporation of New Brunswick, and can not, therefore, say that the route there defined is the same as on the map. Be this as it may, certain it is, as anyone will see, that no possible route can be devised which will not cross the territory in question. It is, then, a deliberate act of power, palpable and direct, claiming and exercising sovereignty far south even of the line recommended by the King of the Netherlands.

In all our inquiries and examinations of this subject there has been great negligence in regard to this northwest angle. Judge Benson, one of the commissioners under Jay's treaty, in a letter to the President of the United States expressly and clearly defines this angle. He states distinctly that the due north line from the source of the St. Croix is the west-side line, and the highlands are the north-side line which form this angle, and this had never been questioned by the British themselves.

This due north line, viz, the west-side line, was established by the commission of which Judge Benson was a member, and the British have made the north side line to be north of the Bay de Chaleurs, and yet with these postulates to pretend that the points of intersection can not be found is one of the greatest of their absurdities; and another absurdity quite equal is that after passing west along the north shore of this bay they would fall down nearly south more than 100 miles to Mars Hill, about 60 miles from the south shore of the Province, at the Bay of Passamaquoddy, which is part of the Bay of Fundy, and this point, too, of so little inclination that it is a palpable perversion of language to call it an angle, much more a northwest angle.

It is, indeed, time for us to begin to search, and in the right places, too, in order to put a stop to these perpetual encroachments upon our territory and rights. Our first object should be to ascertain and trace the north boundary of Nova Scotia, which is the south boundary of the Province of Quebec, and see if Canada comes as far down as Mars Hill. And we should proceed to finish taking the elevations on the due north line to some point where the waters divide. The General Government should be immediately called on to execute the work, with the cooperation of Massachusetts and Maine. Notice should be given to the British authorities to unite in the undertaking, and if they refuse our Government ought to proceed ex parte. The act would be entirely pacific, as the object would be to ascertain facts—much more pacific than the survey, without notice, of the St. Andrews and Quebec Railroad through our territory, not for the purpose of ascertaining a boundary, but to assume jurisdiction.

Your committee have gone through this tedious investigation with all the deliberation, exactness, and candor which our time, means, and feelings would allow. Our animadversions may in some instances have been strong, and even severe, but we think we have expressed the sentiments and feelings of the people of Maine, suffering under protracted injuries. This State should take a firm, deliberate, and dignified stand, and one which it will not retract. While it awards to the General Government all its legitimate powers, it will not be forgetful of its own. We call upon the President and Congress. We invoke that aid and sympathy of our sister States which Maine has always accorded to them. We ask, nay we demand, in the name of justice, HOW LONG we are to be thus trampled down by a foreign people? And we trust we shall meet a cordial and patriotic response in the heart of every republican of the Union.