into the sea, to a point in forty-five degrees of northern latitude, on the eastern bank of the river Connecticut, keeping the said latitude directly west, through the Lake Champlain, until in the sa ne latitude it meets the river Saint Lawrence; from thence up the eastern bank of the said river to the Lake Ontario, &c."

The Royal Proclamation, and the Act of Parliament quoted above, both concur, though in different words, in establishing the southern boundary of the Province of Quebec by which it is separated from Nova Scotia (now New Brunswick), and from the Province of Maine, from the Bay of Chaleurs, along the highlands which divide the rivers that empty themselves into the river St. Lawrence, from those which fall into the sea, to a point on the forty-fifth parallel of north latitude, which point the Act of Parliament fixes on the eastern bank of the river Connecticut where said river intersects the said parallel, thence along said parallel across Lake Champlain to the St. Lawrence.

Such was the boundary between the Province of Quebec on the one side, and the Provinces of Nova Scotia and Maine on the other, at the date of the Treaty of Peace of 1783, when Great Britain, in order to establish the limits between the United States and her North American Provinces, agreed to the stipulations in the 2d Article of said Treaty, which adopted the line above described, as far as it went to separate the Province of Quebec from the territories of the Confederation; and in order to define the boundary between the said territories on the east, and the Province of Nova Scotia, established said boundary, 1st, Along the river St. Croix to its source, and thence along a line due north, until it meets the highlands which divide the rivers emptying into the St. Lawrence from those which fall into the Atlantic ocean, at a point which determines the northwest angle of Nova Scotia. Under this clause of the 2d Article of the Treaty of 1783, two questions arose, to wit:

First. Which was the true river St. Croix referred to in that Article, from whose source the due north line was to be drawn; and

Second, Which are the highlands forming, with the due north line, the northwest angle of Nova Scotia, and along which the boundary line between the United States and the Province of Quebec is to run?

The first of these questions was put at rest by the decision of the mixed commission appointed in pursuance of the 5th Article of the Treaty of Amity, Commerce, and Navigation between the United States and Great Britain, concluded on the 10th November, 1794; which decision is contained in their declaration dated Providence, Rhode Island, the 25th October, 1798, and determines, "what river was truly intended under the name of the River Saint Croix, mentioned in the Treaty of Peace of 1783, as forming part of the boundary therein described."

With regard to the second question, different constructions were put by the two contracting parties upon the words of the Treaty of 1783, describing the highlands which were to intersect the due north line, forming with it the northwest angle of Nova Scotia, and constituting the boundary line from that point to the northwesternmost head of the Connecticut river.

Great Britain contended that these highlands were found to commence at a point near the due north line, called Mars Hill, within forty miles from the monument which determines the source of the Saint Croix; and that therefore the boundary contemplated by the Treaty of 1783, must begin at this point, which they assert to be the northwest angle of Nova Scotia, and pass along the summit of a ridge which divides the streams tributary to the St. John from those which fall into the Atlantic Ocean; until it meets the north westernmost head of the river Connecticut.

The United States contended that the highlands contemplated by the Treaty were to be found near one hundred miles further, following the due north line, at a point near the sources of the Restigouche, and on the crests of the Highlands which form the dividing ridge between the rivers which empty themselves into the St. Lawrence, and the tributary streams of the St. John, and of other rivers falling into the ocean.

These different constructions of the words in the 2nd Article of the Treaty of 1783 became a subject of discussion between the American and British Plenipotentiaries who negotiated the Treaty of Ghent; First, by a proposition on the part of

the British Plenipotentiaries, so to vary the line of frontier as to secure a direct communication between Quebec and Halifax;" and, secondly, by the suggestion, from the same source, of "a doubt," whether the territory in dispute, "did not already belong to Great Britain."

The first proposition, "So to vary the line of frontier as to secure a direct communication between Quebec and Halifax," contains an implied assumption, by the British Plenipotentiaries, of the American construction of the Treaty of 1783.

The suggestion, made some time afterward, of a doubt, whether the territory in dispute did not already belong to Great Britain, appears to be the first time that the correctness of that construction was questioned.

The result of this discussion was a proposition on the part of the British Plenipotentiaries to refer the whole subject to Commissioners.

And accordingly, the following stipulations were agreed upon by both parties, and constitute the 5th Article of the Treaty, signed at Ghent, on the 24th December,

1814.

"ART. 5. Whereas neither that point of the highlands lying due north from the source of the River St. Croix, and designated in the former Treaty of Peace between the two Powers as the northwest angle of Nova Scotia, nor the northwesternmost head of Connecticut River has yet been ascertained; and whereas, that part of the boundary line between the dominions of the two Powers which extends from the source of the river St. Croix directly north, to the above-mentioned northwest angle of Nova Scotia, thence along the said highlands which divide those rivers that empty themselves into the river St. Lawrence, from those which fall into the Atlantic Ocean to the northwesternmost head of Connecticut river; thence down the middle of that river to the forty-fifth degree of north latitude; thence by a line due west, on said latitude, until it strikes the river Iroquois or Cataraguy, has not been yet surveyed; it is agreed that, for those several purposes, two Commissioners shall be appointed, sworn and authorized to act exactly in the manner directed with respect to those mentioned in the next preceding Article, unless otherwise specified in the present Article. The said Commissioners shall meet at St. Andrew's, in the Province of New Brunswick, and shall have power to adjourn to such other place or places as they shall think fit. The said Commissioners shall have power to ascertain and determine the points above-mentioned, in conformity with the provisions of the said Treaty of Peace of 1783, and shall cause the boundary aforesaid, from the source of the river St. Croix to the river Iroquois or Cataraguy, to be surveyed and marked, according to the said provisions. The said Commissioners shall make a map of the said boundary, and annex it to their declaration under their hands and seals, certifying it to be the true map of the said boundary, and particularizing the latitude and longitude of the northwest angle of Nova Scotia, of the northwesternmost head of Connecticut river, and of such other points of the said boundary as they may deem proper. And both parties agree to consider such map and declaration as finally and conclusively fixing the said boundary. And, in the event of the said two Commissioners differing, or both, or either of them, refusing, or declining, or wilfully omitting to act, such reports, declarations, or statements shall be made by them, or either of them, and such reference to a friendly Sovereign or State shall be made, in all respects as in the latter part of the fourth Article is contained, and in as full a manner as if the same was herein repeated."

In compliance with the provisions of the article above recited, Cornelius P. Van Ness, a Commissioner on the part of the United States, and Thomas Barclay, appointed a commissioner on behalf of His Britannic Majesty, met at St. Andrew's in the Province of New Brunswick on the 23d September, 1816, and proceeded to execute the duties assigned to them.

These duties were

To ascertain and determine

First, The point in the highlands designated in the Treaty of 1783, as the northwest angle of Nova Scotia.

Second, The northwesternmost head of Connecticut river.

Third, To cause to be surveyed and marked, "in conformity wit' the Treaty of 1783, that part of the boundary line which extends from the source of the river St. Croix directly north to the northwest angle of Nova Scotia; thence along the highlands which divide the rivers that empty themselves into the St. Lawrence from those which fall into the Atlantic Ocean, to the northwesternmost head of Connec

icut river; thence down the middle of that river to the forty-fifth parallel of north latitude; and along said parallel to the river Iroquois or Cataraguy.

Fourth, To make a map of the said boundary.

Fifth, To particularize, in their declaration, the latitude and longitude of the northwest angle of Nova Scotia-of the northwesternmost head of Connecticut river, and of such other points of the said boundary as they may deem proper.

In the discharge of their duties, the Commissioners continued to meet and sit, from time to time, at different places. Agents were appointed on both sides. Exploring and surveying parties were organized, and astronomers were designated, who entered upon the performance of their duties on behalf of their respective Governments, acting separately, but communicating to each other, from time to time, in compliance with their instructions, the results of their explorations, surveys, and astronomical observations, and submitting, through the respective agents, all questions in dispute to the decision of the Commissioners.

The final result of these operations was that conflicting reports, discrepant surveys, and discordant astronomical results were filed before the Commissioners who, after a full hearing of the arguments presented by the agents on both sides, communicated to each other, on the 4th October, 1821, their respective declarations or disagreements, in substance as follows:

First.-As to the northwest angle of Nova Scotia.

Mr. Barclay, the British Commissioner, was of opinion that "that point ought to be established at, or near a mountain or hill called Mars Hill, distant about forty miles, on a due north line from the source of the river St. Croix, and about thirty seven miles south of the river St. John."

Mr. Van Ness, the American Commissioner, was of opinion that "that point ought to be fixed at a place about one hundred and forty-four miles due north from the source of the river St. Croix, and about sixty-six miles north of the river St. John."

Second.--As to the northwesternmost head of Connecticut River.

Mr. Barclay thought "that it is situate at the northwesternmost stream which empties into the third lake of Connecticut River, north of the 45th degree of north latitude.

Mr. Van Ness thought that "that point ought to be established at the head of the Indian stream."

Third. As to the establishment of the 45th parallel of north latitude, Mr. Barclay was of opinion

"That the point established by Doctor Tiurks, his Majesty's astronomer, on geographical principles, to be the 45th degree of north latitude, on Connecticut River, is the point which ought to be established by the Commissioners as the said 45th degree of north latitude on the said river," and

"That the modes or principles on which the parallel of the said 45th degree of latitude ought to be run, surveyed, and marked, should be according to ordinary geographical principles."

On these points, Mr. Van Ness "concluded that it would not be necessary for him to report any opinion on the questions which have been made relative to the boundary line from Connecticut River to the River Iroquois."

On the 13th April, 1822, the Board adjourned sine die, subject to be again called together by the contending parties. This adjournment virtually proved a dissolution of the Board, since it never was again convened; and the journals of their proceedings, their records, and the maps and surveys filed before them, were deposited, in duplicate, among the archives of the respective governments.

This first of the two modes proposed by the 5th article of the Treaty of Ghent, for the adjustment of the matters in difference between the two Governments respecting their territorial limits, having failed, by the disagreement of the Commissioner appointed for that purpose, the two Powers remained at issue upon the following points:

First. The location of the northwest angle of Nova Scotia, which was to determine the highlands contemplated by the Treaty of 1783.

Second. The northwesternmost head of Connecticut River.

Third. The principles to be adopted in determining the parallel of the 45th degree of north latitude, the British Commissioner contending for the ordinary Geographical principles; the American Commissioner contending for the principle of Geocentric latitude, but declining to make a declaration upon that point.

The second mode of settling the question yet remained; it is found in the 4th Article of the Treaty of Ghent, to which reference is made by the 5th article with respect to the means of adjusting the disputes, in the words following:

"It is further agreed that, in the event of the two Commissioners differing upon all or any of the matters so referred to them, or in the event of both or either of the said Commissioners refusing or declining, or wilfully omitting to act as such, they shall make jointly or separately a report or reports, as well to the Government of his Britannic Majesty as to that of the United States, stating, in detail, the points on which they differ, and the grounds upon which their respective opinions have been formed, or the grounds upon which they, or either of them, have so refused, declined, or omitted to act; and his Britannic Majesty and the Government of the United States hereby agree to refer the report or reports of the said Commissioners to some friendly Sovereign or State to be then named for that purpose, and who shall be requested to decide on the differences which may be stated in the said report or reports, or upon the report of one Commissioner, together with the grounds upon which the other Commissioner shall have refused, declined, or omitted to act, as the case may be; and if the Commissioner so refusing, declining, or omitting to act, shall also wilfully omit to state the grounds upon which he has so done, in such manner that the said statement may be referred to such friendly Sovereign or State, together with the report of such other Commissioner, then such Sovereign or State shall decide, ex parte, upon the said report alone. And his Britannic Majesty and the Government of the United States engage to consider the decision of such friendly Sovereign or State to be final and conclusive on all the matters so referred."

In June, 1824, at a conference between the American and British Plenipotentiaries, held at London, the former made an ineffectual attempt to refer the subject to "direct negotiation between the two Governments." This mode of settling the dispute not meeting the views of the British Government, Mr. Gallatin, then Minister at London, entered into negotiations, in 1827, with the Plenipotentiaries of his Majesty's Government, and on the 29th of September of that year, concluded a Convention providing for the reference to a friendly Sovereign or State of the matter in controversy, and determining the manner in which the question was to be laid before him the nature of the evidence to be adduced by the respective parties in support of their claims, and limiting the time within which the various steps toward the accomplishment of that object were to be taken.

The Convention was transmitted to Washington, laid before the Senate of the United States, who, by their Resolution, on the February, 1828, advised and consented to its ratification; it was accordingly ratified by the President, and sent back to London, where the Ratifications were exchanged on the 2d of April, 1828, from which date, according to the terms of the Convention, are to be counted the intervals of time within which the various steps toward the proposed reference are to be taken.

ART. I.-The first article provides for the reference of the question to a friendly Sovereign or State, who shall be invited to investigate and decide upon the points of difference; and the two parties engage to proceed in concert to the choice of such friendly Sovereign or State immediately after the exchange of the Ratifications, and to use their best endeavors to obtain a decision within two years after the arbiter shall have consented to act as such.

Accordingly by instructions to Mr. Lawrence, Chargé d'Affaires of the United States at London, dated the 20th February, 1828, the Secretary of State in transmitting the American ratification of the Convention and in instructing him to proceed to its exchange, directed him to enter into negotiation with the British Government for the choice of an arbiter; to make or receive proposals for the same; and finally, to agree upon one of the three Sovereigns of Russia, Denmark, or the Netherlands, in the order in which they are named.

The correspondence of Mr. Lawrence on the subject shows the manner in which

the negotiation was conducted; and his dispatch No. 45, dated the 22d June, 1828, acquaints the Department of State with its result, which was that the King of the Netherlands had finally been agreed upon by both parties to be the arbiter, after various ineffectual attempts on the part of Mr. Lawrence to induce the British Government to agree first to the Emperor of Russia, and then to the King of Denmark, agreeably to his instructions. The same dispatch submitted, for the approval of the American Government, the form of a note proposed by the British Minister to be simultaneously addressed to the Government of the Netherlands by the Representatives of the two nations at the Hague, apprizing the King of the selection made of him as arbiter, and requesting him to take that office upon himself.

On the 14th October, 1828, instructions were transmitted to Mr. Hughes, Chargé d'Affaires of the United States to the Netherlands, directing him to make the proper application to the Government of that country for the consent of the Sovereign to assume the office of arbiter, and to express the entire confidence of the President in the justice of his Majesty.

It is not yet known at the Department of State what has been the result of this application, nor whether the British Government has taken the proper measures to meet this ready compliance on the part of the United States with all the stipulations of the first article of the Convention. The King accepted the charge and decided a point not committed to him, and thus this effort at a settlement of the Eastern Boundary Line question was left to Mr. Webster, who settled it.

JAMES A. HAMILTON, Secretary of State.

APPENDIX B.

A LETTER ADDRESSED TO A DISTINGUISHED MEMBER OF THE CHICAGO CONVENTION.

NEVIS, DOBBS FERRY P. O., November 26, 1863.

DEAR SIR: Your very kind letter of the 16th inst. intimates a regret that I did not avail myself of an opportunity at the Chicago Convention, or at St. Louis, to express the views in relation to the present and the future of the Great West, which I have touched in our various conversations; and a wish that I would in reply write what I might have spoken there.

In compliance with your request, but with extreme reluctance from a conviction that I can say nothing worthy of the subject, I throw together some suggestions which others may extend with advantage.

The resources of the West, I think I may say without exaggeration, in its mineral and agricultural wealth, present a field of enterprise never before equalled in any part of the world. To develop the resources of that vast region with success, will require:

First, The exercise of the constitutional power of our national Government to open the avenues of commerce between the Western rivers and lakes, and the Atlantic seaboard;

Second, Abundant capital;

And Last, A hardy population. These three conditions of success, I am convinced, are within our reach. The extent of this region will be appreciated by the following leading facts. The valley of the Mississippi, bounded on the one hand by the Rocky Mountains, and on the other by the Alleghanies, embraces a drainage area of one million and a quarter square miles, which is more than one half the entire area of the United States. The internal navigation of the upper Mississippi valley is about 9000 miles in extent. "The Mississippi valley, viewed as a whole, may be considered as one great plain between two diverging coast ranges, elevated between 400 to 800 feet above the sea." The surface swells into hills and ridges, diversified by forest and prairie; and, exclusive of the sterile portions west of the Missouri, the soil is uniformly fertile, easily cultivated (“indeed, so easily that on the prairies