APPENDIX TO THE SECOND BRITISH STATEMENT. No. 1.-Extract from Jackson and Flint's Contract 2.-Remarks upon the north-west angle of Nova Scotia, and Sir William Alexander's Charter, made by Mr. Sullivan, the Agent of The United States before the Commission under the Fifth Article of the Treaty of 1794, for determining the true River St. Croix 3.-Remarks of the Agent of The United States under the Fourth Article of the Treaty of Ghent, upon Sir William Alexander's Charter 4.-Depositions of Mr. Adams and Mr. Jay-and Dr. Franklin's Letter 5.-Extract from "Secret Journals" of the Old Congress. 6.-Extract from the British Agent's " Reply" before the Commissioners under the 5th 8.-Extract from an Act of Assembly of the Province of New York 9. Remarks upon Captain Partridge's Barometrical Observations 14 14 10.-Remarks upon "Appendix to the First American Statement," containing "Observa "tions on and Objections to the Topographical Evidence" 11.-Remarks upon certain Documents communicated by The United States, or of which Copies have been furnished by Great Britain upon the application of The United States, and which have not been cited in the First American Statement 18 28 APPENDIX. No. 1. Appendix. Extract from Jackson and Flint's Contract.-[From a document communicated by the Government of The United States, to the British Minister at Wash- Jackson and ington, on the 30th December, 1828.1 COMMONWEALTH OF MASSACHUSETTS. Articles of agreement made and entered into this 18th day of April, 1792, between Samuel Phillips, Leonard Jarvis, and John Read, a major part of the Committee for the sale of unappropriated Lands in the eastern part of this Commonwealth of the first part; and Henry Jackson, and Royal Flint for themselves and Associates of the second part, witness as follows, viz: ARTICLE I. It is hereby mutually covenanted and agreed by, and between the said Committee, and the said Jackson and Flint, that they, the said Committee shall sell, and they do hereby, in behalf of the said Commonwealth, contract to sell to the said Jackson and Flint, all the lands belonging to this Commonwealth within the following bounds; south, by lands which were sold to the said Jackson and Flint by contract, dated the 1st day of July last; westerly, by a line on the east side of the great eastern branch of Penobscot river, at the distance of six miles therefrom; easterly, by the river Scoodick, and a line extending northerly from the source thereof to the highlands; and northerly, by the Highlands, or by the line described in the Treaty of Peace between The United States and His Britannic Majesty, excepting and reserving therefrom four lots of three hundred and twenty acres each to every township or tract of land of six miles square, to be appropriated to the following purposes, viz:— one for the first settled Minister, one for the use of the Ministry, one for the use of schools, and one for the future appropriation of the General Court. The said lots to average in goodness and situation with the other lots in the respective townships, and also excepting and reserving a tract or tracts (not exceeding five), equal in the whole to one tract of six miles by thirty, to be reserved for the use of the Commonwealth, in such part or parts as the said Committee shall judge best adapted for furnishing masts, in case such tract or tracts shall be found, as in the opinion of the said Committee shall be suitable for this purpose, and not otherwise. The said tract or tracts not to be laid out within six miles of the eastern or western boundary lines, and to be located within two years from this date. B Flint's Contract. Appendix. Mr.Sullivan on the N.W.angle of Nova Scotia. No. 2. Remarks upon the north-west angle of Nova Scotia and Sir William Alexander's Charter, made by Mr. Sullivan, the Agent of The United States, before the Commission under the 5th Article of the Treaty of 1794, for determining the true River St. Croix, in the course of his arguments, before that Commission, in the year 1798. [Extracted from the British Agent's "Reply" laid before the Commission under the 5th Article of the Treaty of Ghent.] In the Treaty the Angle is described in these words, "that Angle which "is formed by a line drawn due north from the source of the River St. Croix to "the Highlands." An angle is the point of intersection on the mutual inclination of two lines, and therefore to give a second line, the Treaty adds; " along the "said Highlands which divide those rivers that empty themselves into the River St. "Lawrence from those which fall into the Atlantic Ocean;" but still a course to exhibit the inclination of this second line was necessary, and it was therefore added, "to the north westernmost head of Connecticut River." Then the Treaty contemplates a line running on the Highlands so as to divide the rivers which run into the St. Lawrence from those which fall into the Atlantic Ocean, but whether this is to be a direct or crooked line is not ascertained in the Treaty. If it divide those rivers as above expressed there can be no pretence of its being a straight line. It is either in its general inclination or in its direct course to run to the north-westernmost head of Connecticut River. There can be no angle existing, as known to any man, until those lines are formed, for the point of their inclination is but a mathematical deduction from a perfect recognition of the lines themselves. It was found at a very early period that the rivers flowed from the southward into the River St. Lawrence and from the northward into the Atlantic Ocean. This raised a reasonable conjecture that there was a ridge of Highlands which divided those rivers from each other; but the savage state of the Country, the continued wars of the Nations, and of the Indians, and the immense labour of traversing such an extensive wilderness raised obstacles too great to be overcome by the prospect of any advantages which could possibly be the result. Indeed we are as entire strangers to these Highlands, and the sources of the rivers on either side of them, as we are to the sources of the Nile. In the Grant of King James to Sir William Alexander the Highlands do not appear to be mentioned; the words are, “unde per imaginariam directam lineam, quæ pergere per terram seu currere versus Septentrionem concipietur, ad proximam navium stationem, fluvium “vel scaturiginem in magno fluvio de Canada sese exonerantem" The Highlands are here made no part of the boundary, but the line, as an imaginary line, was to be drawn towards the north or northerly to the source or spring of a river which emptied its waters into the River Canada. The last mentioned river then is described as the boundary on the north east of the Patent. The line of the Treaty is a line due north, in its course, and in its extent, reaching from the source of the St. Croix to the highlands; the line in Sir William Alexander's patent is an indefinite uncertain line, which is to leave, not the source, but the most western spring of the St. Croix, and wander to the unexplored spring or source of a river, which empties its waters into the St. Lawrence, and of the existence of which source or spring there was no evidence or knowledge, but what was conjectured from the existence of rivers, the mouths of which only had been seen. From the year 1621 there was no act of Government, no exercise of jurisdiction, or claim of property, from which this line could receive a station, but all was abandoned and lost in Treaties, cessions, conquests, reconquests, by and from the French crown, from Oliver Cromwell and from the Kings of England. Appendix. The country of Canada was conquered in 1760; on the 7th October, 1763, the King of England issued His Royal Proclamation for improving Mr. Sullivan on and regulating the islands and country which had been ceded by the late the N.W. angle Treaty of Peace. In this Proclamation we find this provision; first, "The of Nova Scotia. "Government of Quebec bounded on the Labrador coast by the River St. John, " and thence by a line drawn from the head of that river through the Lake "St. John to the south end of the Lake Nepissim, from whence the said line crossing the River St. Lawrence, and the Lake Champlain in forty-five "degrees of north latitude, passes along the highlands, which divide the rivers "that empty themvelves into the River St. Lawrence, from those which fall "into the sea." There is no such angle described in the Proclamation or in the Act of Parliament as is mentioned in the Treaty of 1783. The line by the Proclamation is to cross the St. Lawrence on the 45th degree of north latitude, which is on a degree nearly equal with the mouth of the Scoudic and Magaguadavic Rivers, and very far south of the angle now sought for, and far below every part of the highlands referred to. No course or courses are given to the line which is drawn on the highlands, but all is left to imagination. This line could have no influence on the minds of the Commissioners in 1783. In the Treaty of that date it is provided, that the line between the two nations shall run on the highlands to the north-westernmost head of Connecticut River, and then down the middle of that river to the 45th degree of north latitude; whereas the line of the Proclamation was in the 45th degree at the St. Lawrence, and so to run on the highlands to Lake Champlain, without saying at what point it should cross the Connecticut. Thus we find no place for this angle prior to the Treaty of 1783, and are now left to form it by running the lines in that Treaty agreed upon. That in order to determine that place as nearly as could be done, it was agreed that a certain river, which had theretofore been known and called by the name of the River St. Croix, and which had been deemed and received as the eastern boundary of the Province of Massachusetts Bay, should be taken as a part of the boundary, and that to fix a line from the source of that river to the highlands, both as a line for the Government of Massachusetts and Nova Scotia, it should run due north, and that the limitation of that line should be in what should ultimately be found, when the country should be explored, to be the highlands. This is not a singular instance in that Treaty of leaving that as uncertain which might afterwards be ascertained: the important boundary of the north-westernmost head of Connnecticut river is unknown and unexplored. There are several other instances very similar to this which appear on reading the second article of the Treaty of Peace. We have come then clearly to this point, that the northwest angle of Nova Scotia is to be found by running a line due north from the source of the St. Croix river to the highlands to a point or a place, where that line shall intersect a line along the highlands, which divide the rivers as before-mentioned, and run to the north-westernmost head of Connecticut river. The Highlands had, in the year 1763, been made the boundary of Quebec, or the Lower Canada boundary, but where the boundaries or highlands are, is yet resting on the wing of imagination. * We are as entire strangers to the Highlands, and the sources of the Rivers on either side of them, as we are to the sources of the Nile. There can be no doubt that the north-west angle of Nova Scotia is yet to be formed, and that this is to be done by forming the north-east angle of the State of Massachusetts. E |