A Compilation of the Messages and Papers of the Presidents. Volume 4, part 2: John Tyler

by Unknown

[Translation of Mr. Bradley, the American agent under the fifth article of the treaty of Ghent.]

"By the tenor of this our present charter we do give, grant, and convey to the said Sir William Alexander, his heirs or assigns, all and singular the lands of the continent and islands situated and lying in America within the headland or promontory commonly called Cape Sable, lying near the latitude of 43° or thereabout, from the equinoctial line toward the north; from which promontory stretching toward the shore of the sea to the west to the road of ships commonly called St. Marys Bay, and then toward the north by a direct line, crossing the entrance or mouth of that great road of ships which runs into the eastern tract of land between the territories of the Souriquois and the Etchemins, to the river called by the name of St. Croix, and to the most remote spring or fountain from the western part thereof which first mingles itself with the river aforesaid; whence, by an imaginary direct line, which may be conceived to go through or run toward the north, to the nearest road of ships, river, or spring emptying itself into the great river of Canada; and from thence proceeding toward the east by the shores of the sea of the said river of Canada to the river, road of ships, or shore commonly known and called by the name of Gachepe or Gaspe."

But the translations of the Americans were merely for form's sake, as the original Latin, in a copy furnished from a British public office, was laid before the King of the Netherlands; and no fear need have been felt that the umpire would not have been able to judge whether the translations were true or not. It was rather to be inferred that he, in examining a question submitted in a language foreign to him, would have found the Latin quite as intelligible as the English. This examination, however, is wholly superfluous.

From whatever source the negotiators of the treaty of 1783 derived their view of the boundary, that instrument directs that it shall be a due north line from the source of the river St. Croix. This expression is too definite to require explanation or illustration, and it is only for those purposes that any other instrument can be permitted to be quoted.

In the passages referred to the words "versus septentrionem" occur three times, and in two of the instances are qualified by the context in such manner as to leave no possible doubt as to the meaning. The first time they occur the words of the passage are, "prope latitudinem quadraginta trium graduum aut eo circa versus septentrionem." The free translation into modern idiom is beyond doubt, "near the forty-third degree of north latitude or thereabout;" and the direction toward the north must be along a meridian line on which latitude is measured, or due north. Messrs. Mudge and Featherstonhaugh, instead of connecting in their translation the words "versus septentrionem" with the words "prope latitudinem," etc., with which they stand in juxtaposition in the Latin text which they quote, connect them with the words "ad occidentem tendentem," which occur in the next clause of the sentence, even according to their own punctuation. We note this as a false translation, although it does not touch the point in dispute. They have, indeed, attempted to use it in their argument; but even if the use they make of it had been successful their inferences fall, because drawn from erroneous premises.

The second clause in which the words occur is as follows: "Ad stationem navium Sanctae Mariae vulgo St. Marys Bay, et deinceps versus septentrionem per directam lineam introitum sive ostium magnae illius stationis navium trajicientem," etc., "ad fluvium vulgo nomine Sanctae Crucis appellatum." Here the line, although directed to be drawn toward the north, is also directed to be drawn between two given points, and it is clear that under the double direction, if they should differ from each other, the position of the given points must govern, and the line be traced from one of them to the other, no matter what may be their bearings.

The last time the words occur is after the direction that the line shall pass up the St. Croix and to the most remote western spring or fountain of that stream, "unde per imaginariam lineam directam quae pergere per terram seu currere versus septentrionem concipietur." Here alone can any doubt exist as to the meaning of the terms, and that is easily solved.

The boundary pointed out in the instrument is "such as may be conceived to go or run toward the north by (per) a direct (directam) line." Now a direct line toward the north can be no other than a meridian line. Had it been merely a straight line of vague northerly direction which was meant, rectum, the usual expression for a mathematical straight line, would have been used instead of directam. It is, moreover, to be considered that the Romans had names both for the northeast and northwest points of the compass, and that the expression "versus septentrionem" in its most vague application could not possibly have admitted of a deviation of more than two points on either hand. Had the direction intended deviated more than that amount from the true north, the Latin term corresponding to northeast or northwest must have been used. Nor is this a matter of mere surmise, for in a passage immediately following that which has been quoted the direction through the Gulf of St. Lawrence toward Cape Breton is denoted by the term "versus Euronotum," leaving no possibility of doubt that had the line directed to be drawn from the source of the St. Croix been intended to have a northwestern bearing the appropriate Latin words would have been employed.

It is, besides, to be recollected that the instrument was drawn by a person using habitually and thinking in a modern idiom, and that in translating the English words due north into Latin no other possible expression could suggest itself than the one employed. Such, then, was the sense appropriately given to the Latin words, first in the commission of Governor Wilmot and his successors, governors of Nova Scotia, and subsequently in the commission of all the governors of New Brunswick from the time that it was erected into a province until the question was referred to the King of the Netherlands. In this reference, although a translation was given in the American argument, it was not as quoted by Messrs. Featherstonhaugh and Mudge, but was in the words which have already been cited.

Connected with this subject, although, like it, wholly irrelevant, is another conclusion which Messrs. Mudge and Featherstonhaugh attempt to draw from the same grant to Sir William Alexander. That charter directs the line "versus septentrionem" to be produced "ad proximam navium stationem, fluvium, vel scaturiginem in magno fluvio de Canada sese exonerantem." It can hardly be credited that, although a literal translation of this passage is given, including the whole of the three terms naval station, river, or spring, that it is attempted to limit the meaning to the first expression only, and to infer that as Quebec, in their opinion, is the first naval station above Gaspe on the St. Lawrence, the line "versus septentrionem" was intended to be drawn toward that place, but that as "spring" is also mentioned the line must stop at the source of the Chaudiere. Now it has been uniformly maintained by British authorities, and most strongly in the discussion which preceded the War of 1756, that Nova Scotia extended to the St. Lawrence. The boundary of Sir William Alexander's grant was therefore to be changed from a geographical line to a water course as soon as it met with one, and the apparently useless verbiage was introduced to meet every possible contingency. Supposing, however, that it did not extend so far, the northwest angle of his Nova Scotia will be where the meridian line of the St. Croix crosses the Beaver Stream running into Lake Johnson, only a mile to the north of the point maintained by the American claim to be such.