No. 11, p. 148.

It will be seen by the annexed account of certain proceedings, which took place Highlands. between the British and American Commissioners in 1821, that the British Agent, at the same time that he objected to the American surveys and reports, in Appendix, part, and proposed to the Board to have the Surveyors examined on oath as to the accuracy of those documents, offered voluntarily to have the British Surveyors equally examined on oath as to the accuracy of their surveys, which had been called in question by the American Agent. That offer was declined on the part of the Americans. A proposal previously made to the American, by the British, Commissioner, to have those parts of the country, which were affirmed to be inaccurately laid down in the respective surveys, surveyed afresh, had been equally declined on the part of the United States.

Without in any way questioning the grounds on which the American Commissioner declined acceding to the two propositions above stated, which he had certainly a full right to do, we insist upon the simple fact of a proposal having been made in the strongest and clearest terms on behalf of Great Britain, that the accuracy of the British surveys should be subjected to the test of a solemn examination on oath; and from that fact we conceive ourselves to have a fair right to infer, that the statements and delineations of the British Surveyors are substantially correct; and we accordingly assume, that the country between Mars Hill and the head of the eastern branch of the Penobscot, answers generally to the definition of highlands, namely, "mountainous country," above given by us.

These highlands connect themselves with a mountainous tract of country, well known at the period of the formation of the Treaty of 1783, and long before, by the distinctive appellation of "The Height of Land." That Height of Land had been described in many public documents as dividing the waters Appendix, that fall into the Atlantic Ocean, from those which fall into the River St. Law- No. 6, p, 33. rence to the west of the sources of the River St. John, and the western head of the Penobscot; that is, the same waters which we have shewn that the American Congress and Plenipotentiaries contemplated in their first proposition before cited, and must still have contemplated at the period of the signature of the Definitive Treaty, because the same designation of the dividing highlands is still preserved therein.

That the connexion above noticed exists between the western and eastern section of the highlands forming that “ height of land," to the south of the River St. John, we affirm not only on the authority of the Surveyors employed under the Boundary Commission, but also on that of an American topographer of repute, Mr. Greenleaf, who published in 1816 a "Statistical View of the State of Maine," illustrated by a map of the same State, delineated by himself.

66

66

With reference to the highlands in question he says, "with the exception of a small tract at the eastern extremity, and some detached elevations along the central part of the north-western Boundary, the mountainous part of the "district may be included within an irregular line drawn from the line of New "Hampshire, not far from Saco River; thence proceeding north-easterly, and crossing Androscoggin River near Dixfield, Sandy River above Farmington, Kennebec River above Bingham, the west branch of the Penobscot at the Lake Pemmidumpkok, and to the EAST BRANCH OF THE PENOBSCOT near the "mouth of the Wassattaquoik; thence north so far as to include the heads of the Aroostook; thence south-westerly to the head of Moose-head Lake, and thence westerly to the Boundary of the district near the sources of the Du Loup. The greatest length of this section is from south-west to north-east, about 160 miles; its greatest breadth about 60 miles; and it comprises about one-seventh part of the district. No observations have been made to ascertain and compare the height of the different elevations in this section; but from estimates "which have been made on the falls of the rivers, proceeding from different parts "of it, and from the much greater distance at which the mountains in the

H

Highlands. western part are visible, it is evident that the western, and particularly the "north-western part, is much higher than the eastern; and the section in its "whole extent may be considered as presenting the highest points of land between "the Atlantic and the St. Lawrence."

The preceding description is extracted from the Report of the British Commissioner under the 5th Article of the Treaty of Ghent, who adds, "that in "the map accompanying Mr. Greenleaf's work, and which that work was in"tended to explain, there is not a vestige of any highlands in that tract of Country through which the Boundary is claimed on the part of the United States, except the Timiscouata Portage, which, it is contended on the part of His Majesty, is proved also to be the case from the result of the exploring surveys in that quarter. And it is here to be observed that the Agent of the "United States has not attempted to call in question the correctness of the "above statement of Mr. Greenleaf."*

Throughout the whole extract from Greenleaf above-cited it will be perceived that it is a question not of lands dividing rivers, but of elevations and it is shewn that those elevations extend to the eastern branch of the Penobscot, which river we have demonstrated that the framers of the Treaty of 1783 clearly intended to divide from the River St. John. The surveys above referred to shew that the general character of the district between the eastern branch of the Penobscot and Mars Hill is mountainous. Great Britain, therefore, on this ground, as well as on the others already expounded, conceives herself fairly entitled to assert that Mars Hill, and the line of boundary of the United States, as claimed by her from Mars Hill to Connecticut River, answer the intent of the Treaty, in which it is declared that the point designated therein as the north-west angle of Nova Scotia shall be placed on the highlands, and that the line of boundary shall be traced from that point along the said highlands which divide the Rivers which empty themselves into the River St. Lawrence, from those which fall into the Atlantic Ocean.

With regard to the line claimed by the United States as their Boundary Appendix, a reference to the official surveys and reports made by the Surveyors appointed No.10,0, p. 121, "P,p.124. by the Commissioners under the 5th article of the Treaty of Ghent will fully "P.135. confirm the assertion which we here confidently make, that not one-third of that line can be shewn to run along any lands which, according to the just definition of the term, are entitled to the appellation of "highlands."

t.

D, 13.

14.

15.

19.

20.

23.

24.

Appendix,

p.135.

By an attentive examination of those reports and surveys, we shall find that with the exception of one spot on the Temisquata Portage, no eminences like those which are found in the vicinity of the British line have been observed, from which the country and its various elevations could have been viewed; and from the only place, where highlands undoubtedly exist on the Temisquata Portage, no ranges of any extent running in the direction of the Line of Boundary claimed by the United States have been seen on either side, east or west.

Setting aside the survey and report† of the American Surveyor, Johnson, as, with respect to the particular country now under consideration, altogether ideal and unfounded in fact, we proceed to examine cursorily, according to descriptions better worthy of attention, the individual spots of the American line which have been visited by the surveyors.

The north line, as described by the United States, terminates at a place No. 10, e, p, 74 where there are no highlands agreeing with the definition above given. It appears from Mr. Odell's report, that from the high bank of the Grande Fourche of the Restigouche the land declines gradually all the way towards Beaver Stream, and especially from the place where the line intersects the last waters of the Restigouche until its intersection with Beaver Stream. This district is

*See copy of Greenleaf's Map, exhibiting the mountainous tract here described, in collection of Maps and Surveys D annexed. D, 31.

+ See Appendix, No. 11, p. 148, and No. 44. p. 306.

therefore no better entitled to the appellation of highlands than the whole of the Highlands. surrounding country.

The next spot along the line, proceeding westerly, which has been visited, Appendix, is the division of the waters of the second fork of the Lakes of Green River No, 10,0,p.122. from those of the Rimousky. There, indeed, there are highlands; but they do not divide, but rather run parallel to the waters to be divided.

From the reports and surveys of Mr. Burnham the American, and Dr. Tiarks the English Surveyor, it appears that the dividing land between the waters is a swamp having all the features, the appearance, and vegetation of low land.

The highlands lie in unbroken ridges parallel to both waters, running south and north, so that those waters take their opposite courses in a valley between two ridges.

The low swampy spot, in which the waters divide, is an insulated point, without any continuity or connexion with other similar spots; so that, in fact, it is impossible to divine which way the Line of Boundary ought to run from that point, since there are no highlands to direct its course as required by Treaty, and it is necessitated to find its way arbitrarily from one detached point to another, for want of such highlands.

4,p. 136. D, 13.

15.

The next spot visited by the Surveyors, is that of the division between the Appendix, northern branch of Tuladi River and a branch of the same River Rimousky No.10,0,p.123,

before mentioned.

It appears that the features of this district were precisely the same as those at the preceding spot; and the same remarks apply therefore with equal force to this place.

This is all we know certainly, as collected from actual survey of the country along the line claimed by the United States, east of Temisquata portage. Therefore in that country it cannot be affirmed that there are any highlands answering to the demand of the Treaty.

On the Temisquata Portage there are highlands between the waters of Green River and those of the River St. Francis; but those waters were never traced up to their sources, so that it is not known what appearance the country may there present.

t, p.137. D, 14.

No.10,s,p, 133,

,,t,p, 138.

24.

At the next spot visited by the Surveyors, westward of Temisquata Port- Appendix, age, namely, the division of the waters of the River Ouelle from those of the Little St. John, we again find the same absence of dividing highlands in the immediate vicinity of the division of those waters. Whatever highlands are found in that quarter run parallel to the river, at some distance from the point of division.

It does not appear that there are any eminent Highlands on the line claimed by the United States near the head waters of the numerous branches of the River St. John, nor have we any description of ridges of highlands dividing any of these heads from the contiguous waters of the rivers emptying into the St. Lawrence.

The Surveyors ascended several of these branches; and it does not appear that any highlands, really entitled to that designation, were anywhere observed. No other spot further westward in the line claimed by the United States was visited by the Surveyors, except the point where the British and American lines meet at the "Height of Land" heretofore treated of.

In the American transcript of the map A, as in some of the original American Surveys, a line of what appears to be mountains, is represented as extending continuously from the point which the United States claim to be the north-west angle of Nova Scotia, to that point near the source of the St. John where the British and American lines meet. If the line so delineated is Appendix, intended to represent real elevations, we must affirm that representation to be No. 11, p. 148. altogether unsupported by evidence, as a reference to the aforesaid surveys p. 306. and reports will abundantly prove. If, on the other hand, those highlands

and No. 44,

Highlands.

Summary of
Arguments,

Claim of Great
Britain.

are intended merely to represent lands which divide, here and there, waters flowing in opposite directions, we repeat our appeal to the true meaning of the term "highlands.'

It has now been shewn, on the part of Great Britain, and in support of her claim, in reference to the first branch of difference between her and the United States, relative to the point designated in the Treaties as the north-west angle of Nova Scotia.

1st, That the Bay of Fundy, as mentioned in the Treaty of 1783, is intended to be separate and distinct from the Atlantic Ocean; and that the River St. John, which falls into the Bay of Fundy, is intended, on that as well as on separate grounds, to be excepted from that class of rivers which are described in the Treaty as falling into the Atlantic Ocean; consequently, that the highlands described in the Treaty must lie to the southward of that river.

2dly, It has been shewn that at the period of the negotiations in 1782 the only ground assumed on the part of the United States for their claims to territory in the quarter now contested was that of the limits of the Province of Massachusetts Bay; that the utmost claim so founded extended only to the line of the River St. John; and that in the course of the negotiations that line was materially contracted, under which contraction the Treaty of 1783 was concluded.

3dly, It has been shewn that far within the line of boundary now claimed by the United States, necessarily on the same ground of having formed part of the Province of Massachusetts Bay, Great Britain holds an extensive hereditary Seigniory, indisputably Canadian, as having been granted by the Government of Canada, and having continued uninterruptedly subject to the jurisdiction of Canada from the year 1683 to the present day.

4thly, It has been shewn that Great Britain constantly exercised an actual and unquestioned jurisdiction in the country now claimed by the United States from the period of the Peace of 1783 to that of 1814; and held during that period uncontested de facto possession of other parts of that country besides the hereditary Seigniory above mentioned.

5thly, It has been shewn that the highlands claimed on the part of Great Britain as those designated in the Treaty of 1783 conform, in every particular, to the conditions imposed on them by that Treaty; and, on the other hand, that the highlands claimed on the part of the United States conform neither in position nor character to those conditions.

On all these grounds, Great Britain claims that the point designated in the Treaty of 1783, as the north-west angle of Nova Scotia, be established at or near the elevation above referred to, called Mars Hill; and that from that point the line of boundary of the United States be traced south of the River St. John to the north-westernmost head of Connecticut River, at the heads of the Rivers Penobscot, Kennebec, and Androscoggin; which rivers Great Britain maintains to be those intended by the Treaty as the rivers falling into the Atlantic Ocean, which are to be divided from those which empty themselves into the River St. Lawrence; such, or nearly such, as that line is described on the official map, denominated the map A, which is annexed to the Convention of the 29th of September 1827.

Northwestern

SECOND BRANCH OF DIFFERENCE RESPECTING THE NORTH-
WESTERNMOST HEAD OF CONNECTICUT RIVER.

We now turn to the consideration of the second branch of difference bemost Head of tween Great Britain and the United States, as above stated, namely, the designation of the true north-westernmost head of Connecticut River as intended by the Treaties of 1783 and 1814.

Conecticut

River.

1782.

11th April.

and glori

Grasse.

far to windward of the main force, repairing her damages. On this ship they Appendix. bore down, and the exertions of De Grasse for her protection placed the two Adolphus' squadrons in a situation which seemed to preclude the possibility of again Hist.Geo.3. avoiding the conflict. The night, which prevented an immediate engagement, was passed in anxious preparation on either side, and at half-past seven in the morning, the action was begun. The two fleets met on opposite tacks, and 12th there being little wind, the British ships ranged slowly along, and close under ous victory the lee of the enemy's line, delivering a tremendous fire, which the French re- over De ceived, and returned with the utmost firmness. At noon Sir George Rodney, in the Formidable, having passed the Ville de Paris, the Count de Grasse's ship, and her second, so close as to be almost in contact, and having made a visible impression on them, by a quick and well-directed fire, stood athwart the enemy's line, between the second and third ships, astern of the Ville de Paris, followed and nobly supported by the Duke, Namur, and Canada; the rest of his division coming up in succession. The Formidable wore round; and a signal being made for the van division under Admiral Drake to tack, the British fleet thus gained the wind, and stood upon the same tack with the enemy. By this bold manœuvre the French line was broken, separated, and thrown into confusion: it decided the fate of the day, although it did not end the conflict. The rear of the British fleet being becalmed, did not for some time get into action, and at last was favoured only by a slight breeze. The French ships being crowded with men, the carnage was prodigious: still, however, they fought with obstinate bravery. Count de Grasse with his own, and the other ships in the centre, withstood till evening all the efforts of the various ships that attacked him. At length Captain Cornwallis of the Canada, a seventy-four gun ship, having compelled the Hector of equal force to strike, left her to be taken possession of by a frigate; and assailed the Ville de Paris, which in two hours he reduced almost to a wreck Still De Grasse refused to surrender, till, toward sun-set, Sir Samuel Hood in the Barfleur, who had hitherto been becalmed, arriving, and pouring in a destructive fire, the French Admiral in ten minutes yielded, after continuing his exertions till only three men were left unhurt on the upper deck, of whom himself was one. Beside the Ville of Paris, the Hector, Cæsar, Glorieux, of seventy-four guns, and Ardent of sixty-four, were taken, and the Diadem, another seventy-four was sunk by a single broadside from the Formidable. Night terminated the engagement, when the British Admiral collected his fleet, and took measures for securing the prizes. Unfortunately the Cæsar blew up in the night, owing to the licentious conduct of the French seamen ; and a Lieutenant and fifty British sailors, with about four hundred prisoners, perished. The Ville de Paris was freighted with thirty-six chests of money, destined for the pay and subsistence of the troops in the designed attack on Jamaica; and it seems to have been singularly providential, that the whole train of artillery, with the battering canon and travelling carriages meant for that expedition, were on board the captured vessels.

The loss of men sustained by the British fleet, in the actions of the ninth and twelfth of April, amounted only to two hundred and thirty seven killed, and seven hundred and sixty wounded; while that of the French was computed at three thousand slain, and more than six thousand wounded. The French ships that escaped were almost reduced to wrecks. The British line consisted of thirty-six, and the French line of thirty-two ships: but six vessels of Hood's division, from the scantiness of the wind, never could be brought into the general action.

* The Ville de Paris was the largest ship in the French King's service; she was a present from the City of Paris to Louis XV.; and no expense was spared to render the gift worthy both of the city and the Monarch. Her building and fitting for sea are said to have cost a hundred and seventy-six thousand pounds sterling.