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latitude should be taken, with the result of throwing the parallel about thirteen miles north of the true latitude.'

Final Disagreement of Commissioners.

On the 1st of April 1822 the commissioners met again in New York and entered upon their final session. On the 13th of the month, having deliberated on the questions at issue, they filed the following notes, which had been exchanged in the preceding year: "NEW YORK, 4th October 1821.

"The arguments of the Agents under the 5th article of the Treaty of Ghent on the points in controversy having closed, Mr. Barclay one of the Commissioners to whom the decision of said points is referred, hereby states to Mr. Van Ness the other Commissioner that on the question as to the Northwest angle of Nova Scotia he is 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.

"2ndly. That on the question as to the northwesternmost head of Connecticut River, he is of opinion 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.

3rdly. He is of opinion that the point established by Dr. J. C. Tiarks 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.

"4thly. That the mode 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.

"THO. BARCLAY."

"NEW YORK, October 4th, 1821. "The arguments of the Agents under the 5th article of the Treaty of Ghent on the points in controversy having closed, Mr. Van Ness one of the Commissioners to whom the decision of the said points is referred, hereby states to Col. Barclay the

Geocentric latitude, which is based on the idea that the earth is a sphere, is "the angle that the line to the earth's center makes with the plane of the equator" (Standard Dict. "Latitude"). This argument was put forward by Mr. Bradley on the suggestion of Mr. Hassler. Mr. Van Ness did not sustain it, and the Government of the United States never adopted it. (Adams's Writings of Gallatin, II. 401–4, 406.)

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other Commissioner, that on the question as to the northwest angle of Nova Scotia, he is 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 sixtysix miles north of the river St. John and that on the question as to the northwesternmost head of Connecticut River he is of opinion that that point ought to be established at the head of the west branch of Indian Stream; and that these opinions he will report to the two Governments agreeably to the provisions of the said treaty.'

"As to the questions which have been made by the Agents relative to the Boundary from Connecticut river, to the River St. Lawrence or Iroquois, Mr. Van Ness will inform Col. Barclay by the first day of November next, whether he shall consider it necessary to report any opinion on that subject, and if so, he will state to the Col. that opinion.

"C. P. VAN NESS."

"BURLINGTON, November 10, 1821.

"The Honble THOS. BARCLAY.

"DEAR SIR: Yours of the 22nd of October has been duly received.

"I have concluded that it will not be necessary for me to report any opinion on the questions which have been made relative to the Boundary Line from Connecticut River to the River Iroquois.

"I intended to have made this communication sooner, but have been unavoidably prevented from doing it before. "I am, very respectfully, your obedient servant,

Commissioners'
Reports.

"C. P. VAN NESS."

Besides filing these disagreeing opinions, the commissioners presented their respective reports, for the preparation of which they had adjourned in the preceding October. These reports were, in accordance with the provisions of the treaty, transmitted to the contracting governments. They exist in manuscript in the Department of State, that of the British commissioner, partly because it incorporates copious extracts from the arguments of the agents, being much the longer. The substance of both reports was printed as Appendix LIII. of Gallatin and Preble's

It has been seen that the agent of the United States claimed the head of Halls Stream as the north westernmost head of Connecticut River. Mr. Van Ness, however, decided in favor of Indian Stream, though it was less advantageous to the United States, because Halls Stream empties into the Connecticut just below the "old line" of forty-five degrees.

Definitive Statement to the King of the Netherlands as arbitrator under the convention of 1827.1

Adjournment of
Commission.

After exchanging their reports the commissioners certified to the correctness of the secretary's journal, and adjourned "subject to the pleasure of the two governments, whether in any event to hold any further meetings or perform any further services."?

1 See Adams's Writings of Gallatin, II. 406, 408. Mr. Gallatin, who was very firmly convinced of the justice of the claim of the United States as to the Maine boundary, pronounced Mr. Van Ness's report "conclusive and remarkably well drawn.” On the other hand, he censures the argument of Mr. Chipman as "a tissue of unfounded assertions and glaring sophistry," and the report of the British commissioner as "scandalous." (Id. 357.) Mr. Van Ness wholly rejected the notion of Mr. Sullivan that the term "highlands” meant, necessarily, a peculiarly elevated or a mountainous tract.

2 A list of the very voluminous documents in the Department of State belonging to this commission may be found in Am. State Papers, For. Rel. VI. 926-927. They comprise, among other things, the following volumes: (1) Journal of the Commission; (2) Claims of the Agents; (3) Answers of Agents; (4) Replies of Agents; (5) General Appendix; (6) Appendix to British Reply; (7) Report of Commissioner Van Ness; (8) Report of His Britannic Majesty's Commissioner.

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