Saturday, October 12, 2013

EAST PORT, AND PASSAMAQUODDY BAY.

EAST PORT, AND PASSAMAQUODDY BAY.

Reproduced from a 7¼"x 4¾" Steel Engraving from a Drawing by W.H. Bartlett
East Port, and Passamaquoddy Bay is Print # 48 of 53 on page 94 from Volume II
"AMERICAN SCENERY" or LAND, LAKE, AND RIVER Published in 1839 by
George Virtue, 26 Ivy Lane, London
 
 This is an exact copy of the original 1839 text describing the above Print, 
 from "AMERICAN SCENERY

The people of this beautiful State are just now enduring a double share of the evils of border location, having not only the ill-directed " sympathy" with the insurrectionists of Canada to repress, but the excitement of the newly-vexed ques­tion of boundary. As this last subject is one little understood, perhaps the history of the negotiations on the subject may not be unacceptable to the readers of the american scenery.

"In their endeavours to bring about the settlement of another contested point, the two governments were less successful than they had been with respect to the commercial intercourse between America and the West India Island. This point related to the fixing the north-eastern boundary of the United States.

"By the treaty of 1783, which recognised their independence, it was declared that the eastern boundary of the United States, dividing them from Nova Scotia, should be ' a line to be drawn along the middle of the river St. Croix, from its mouth in the bay of Fundy to its source, and from its source, directly north, to the highlands, which divide the rivers that fall into the Atlantic Ocean from those which fall into the river St. Lawrence.' The northern line, separating Canada from the New States, was to commence ' from the north-west angle of Nova Scotia; viz. that angle which is formed by a line drawn due north from the source of the St. Croix river to the highlands, 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 north-westernmost head of Connecticut river; thence, descending along that river to the forty-fifth degree of latitude, thence due west on that latitude, until it strikes the river Iroquois or Cataruguy, thence along the middle of the said river into Lake Ontario/ &c.

"Being for the most part marked out by mathematical, or by well-known natural lines, the frontier between the head of the Connecticut and Lake Ontario afforded but little ground for dispute. But such was not the case with the boundary from the head of the Connecticut to the sea. Untrodden, except per­haps by the foot of the hunter, all the northern division of the country between the Bay of Fundy and the St. Lawrence then consisted of a dense forest, scattered over with mountains arid lakes, and intersected by streams of considerable mag­nitude. No survey of it appears ever to have been made, and the British ministers were, consequently, ignorant of its topographical features. Yet, even under these circumstances, they can scarcely be excused for having admitted such a vague description of the future limits, since, without much difficulty, sufficient information might have been obtained to prevent this defect. Their negligence gave birth to a controversy, which, after the expiration of half a century, yet remains undecided. Only a few years elapsed before a doubt arose respecting the river which was meant under the name of St. Croix; the Americans insisting that the St. John was the river which was intended. By the treaty of 1794, it was arranged that this point should be left to the decision of a joint commission. In 1798, the commission decided that the extreme source of the northern branch of the Scoodic river was the source of the St. Croix designated in the treaty; and a monument was erected there, to indicate the spot whence the line was to be drawn to the north. Thus far the question was satisfactorily set at rest. Not such, however, was the result of the subsequent proceedings. For some years, no further steps appear to have been taken by either of the governments. While the territory in question con­tinued to be a wilderness, there was not much temptation to discuss its limits; but when the new state of Maine, and the British province of New Brunswick, began to extend their settlements into the interior, the case was materially altered. The line of demarcation claimed by the Americans would not only include an area of ten thousand square miles, but would entirely cut off all direct communication between New Brunswick and Lower Canada. From the source of the Scoodic river, they prolonged the line northward, as far as a chain of mountains distant less than thirty miles from the St. Lawrence; which chain, they contended, formed the highlands specified in the treaty of 1783.

"The British, on the contrary, maintained that the north-west angle of Nova Scotia was at Mars Hill, about forty miles from the source of the Scoodic; and that the northern frontier of Maine ought to pass from thence to the westward over a range of hills which lie at the sources of the Penobscot, Kennebec, and Androscoggin. Neither party would recede from its pretensions. In the treaty of Ghent, in 1814, it was agreed that two commissioners should be appointed to make surveys and settle the boundary. If they coincided in opinion, their decision was to be final; but if they disagreed, some friendly sovereign, or state, was to be chosen as umpire, and from his judgment there was to be no appeal.

"Affairs remained in this state till 1827, when the commissioners being unable to agree, and some disputes as to questions of jurisdiction having rendered it desirable to bring the frontier controversy to an issue, a convention was concluded between the British and American government, by which it was arranged that the king of the Netherlands should be requested to act as arbitrator. To this request his majesty assented; and their statements and surveys were accordingly laid before him. The award of the sovereign umpire was not delivered till the 10th of January, 1831. It was not calculated to satisfy either of the claimants. Considering the pretensions of the two powers to be equally balanced, it proceeded to lay down new limits, upon principles of mutual convenience. The British frontier was to commence at the spot where the line drawn due north from the source of the Scoodic intersects the St. John, and was to pass up the latter river and the St. Francis, to the highlands which run parallel with the St. Lawrence. Though this award assigned to the Americans seven-eighths of the district which was con­tended for by Great Britain, yet, as it gave a direct communication between New Brunswick and Lower Canada, it was accepted by the British government. The United States was not so yielding. The award was immediately protested against by the American ministers at the Hague, on the ground of the arbiter having exceeded his authority. The State of Maine also entered its protest, and denied the right of the federal government to cede any portion of the litigated territory. The matter was finally brought before the senate by the President, and that body decided that the umpire having gone beyond his powers, his award was not binding; and that a new negotiation must be opened with Great Britain. Since that period, however, no steps have been taken to accomplish an arrangement."

This is an exact copy of the original 1839 text describing the above Print, from "AMERICAN SCENERY" Volume II, Page 91, Published by George Virtue, 26 Ivy Lane, London

 

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