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ing grants and unintentional trespass. Accordingly this duty was divided into two parts. The commission established by the fifth article of the treaty of Ghent was to run the boundary line * * to the north westernmost head of Connecticut river, thence down along the middle of that river to the 45° of north latitude, thence by a line due west on said latitude until it strikes the river Iroquois or Cataraqua - to make a map of said boundary –

Under this article the British Government appointed the same commissioner as in the former, and appointed the same agent jointly with his son, Ward Chipman jun. Esq. a counsellor at law in New Brunswick. The American government appointed Cornelius P. Van Ness, Esq. of Vermont, commissioner, and William C. Bradley, late member of congress from the same State, as their agent.

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The remaining board of commissioners established by the treaty of Ghent, were directed to run the boundary line from the point where the 45° north latitude strikes the Iroquois or Cataraqua, to lake Superior, as it was declared by the treaty of peace of 1783, and to decide to whom the islands in the lakes and rivers, through which the line passes, do severally belong.

General Peter B. Porter was appointed commissioner, and Samuel Hawkins, Esq. agent for the United States ; and John Ogilvie, Esq. commissioner on the part of Great Britain. They met at St. Regis, and established by accurate astronomical observation the point of the 45° north latitude, and afterwards, by careful admeasurement and surveys, described the boundary towards lake Ontario. It is understood that no material alteration has been made in the line heretofore considered as the true boundary. -[N. A. Review, vi, 401, 404.

By the royal proclamation of October, 1763, establishing the province of Quebec, that province was described as bounded on the south by the forty-fifth parallel of latitude, from the St. Lawrence to the Connecticut river. Subsequently to this date, Governor Moore of New York, which province then extended its jurisdiction to Connecticut river, and Governor Carleton of the province of Quebec, having ascertained by astronomical observations, the points through which the forty-fifth parallel of latitude would pass, made a report thereof to the British Government, and on the 12th of August, 1768, an order was issued by the king in council, confirming these proceedings, and directing that the line of division should be run out, and continued as far as each province

respectively extends'. Instructions were given to the provincial authori. ties for carrying this ordur into effect, and a line was accordingly surveyed and marked along the supposed forty-fifth parallel of latitude, from the east side of Lake Champlain, where the observations for determining the latitude had been previously made, to the Connecticut river, by Thomas Valentine, deputy-surveyor on the part of the Province of New York, and John Collins, deputy-surveyor of the Province of Quebec, in the years 1771 and 1772. They terminated their line on Connecticut river, two miles and five-eighths of a mile above the mouth of Hall's Brook, following the course of the river, and ninety and a quarter miles due east from the boundary fixed on Lake Champlain. In 1773, the line was run west from Lake Champlain, by the surveyors of the two provinces, fifty miles, and in 1774, it was completed to the river St. Lawrence, by John Collins alone, duly appointed to act for both provinces. A plan of the line, surveyed and completed, October 20, 1774, was returned by John Collins to the office of the Secretary of New York, where it still remains'; and the Legislative Assembly of New York, by two acts, appropriated eight hundred pounds for the share of the expenses of the province, in running out, marking and completing this line. The line thus established was maile the limit of the grants of the adjoining lands, by the governors of the two provinces, and it has to this day been the limit of the jurisdiction of the two Governments.

There seems to have been no good reason for disturbing a line of boundary thus established, and so long acquiesced in. In the fifth article of the treaty of Ghent, however, it is declared that the part of the boundary between the two countries, from the source of the St. Croix to the St. Lawrence, including, by a definite description, that part which extends along the forty-fifth degree of latitude, ‘has not yet been surveyed ;' and it is expressly provided, that it shall be surveyed and marked, according to the provisions of the treaty of 1783. It appears that the Government of the United States were led into this error, and into a belief that the actual limit of jurisdiction between the two Goyernments was too far south, by some proceedings had several years ago, under authority of the State of Vermont. Dr. Williams, in his history of Vermont, says : Much pains were taken by the provinces of New York and Canada, to ascertain the latitude of forty-five, by astronomical observations. This was done by Commissioners from both provinces, in the month of September, 1767. At the place where the line crosses Lake Champlain, they erected a monument of stone, which is yet standing. The line was afterwards run in the year 1772, by J. Carden and J. Collins of Quebec, but with great error. By order of Governor Tichenor, in 1806, I examined the situation of this line in the

*Portfolio Map No. 227.— [P.

eastern part of the State. By astronomical observations, I found the monument they had erected on the eastern bank of Lake Memphre. magog, was in the latitude of forty-four degrees, fifty-three minutes, forty-six seconds; and at Connecticut river, their monument was in the latitude of forty-four degrees, forty-seven minutes, fifty-nine seconds. Admitting their line to have been run in a straight course, this would imply an error of eight degrees, fifty-two minutes, nineteen seconds in the direction, and occasions the loss to Vermont of 401,9734 acres of land ; equal to 17 44-100ths townships'. A similar statement was made by the Governor of Vermont, in his speech to the Legislature, in October, 1806, and he intimated the propriety of making an application on the subject to the national Government. The gross error into which Dr. Williams fell, must be attributed to his want of the proper instruments for making accurate observations, and his want of practical experience, which would have enabled him to detect their inaccuracy. On the other hand, several communications were made to the provincial Government of Lower Canada, which led them to the belief that the existing boundary was too far north. The surveyor-general of Lower Canada in 1807, made a report to the administrator of the Government, in which he stated that the line was evidently crooked, and assigned grounds for believing that it encroached on the province as much as three geographical miles at the Connecticut river, and one mile on the meridian of Montreal. In this state of the impressions of the two parties, it is not remarkable that both Governments were ready to accede to a proposition for a re-survey and rectification of the boundary, and that a provision for that object was made in the treaty of Ghent. -[N. A. Review, xxxiii, 280.

The fortification' thus reserved to us, was erected by our Government on the western bank of lake Champlain, soon after the date of the treaty of Ghent. It was intended to be a work competent to withstand a seige, and to mount about three hundred cannon. It is situated between the old boundary and the ascertained forty-fifth degree of latitude. The reservation of a circuit of a kilometre, which is equal to about two hundred rods, will probably extend our frontier at that point to the old boundary. -[N. A. Review, xxxiii, 284.

The Annual Register, for 1763, contained a new map of the British

'At Rouse's Point.—[P.

dominions in North America, with the limits of the Governments annexed thereto, by the treaty of peace, and settled by the proclamation.

The Quebec Act of 1774 only transposes the description of the proclamation of 1763, beginning at the other extremity. * * This wellremembered act of Parliament followed the forty-fifth parallel of latitude to the river St. Lawrence, and through Lake Ontario, and upon the south-eastern bank of Lake Erie to the boundary of Pennsylvania, and by the western boundary of that Province to the river Ohio,. and along the Ohio to the Mississippi. All the territory to the north of this line and south of the Hudson's Bay Company's limits, was incorporated, as belonging to the crown of Great Britain, into the Province of Quebec. This was a more absolute and decisive demarkation throughout its extent, than that which was traced by the proclamation of 1763, but it was a result of the same policy. There can be no question, we suppose, that both the royal proclamation of 1763, and the parliamentary act of 1774, were innovations upon the Province charter of Massachusetts.

The identical Mitchell's Map which was used at Paris in making the treaty (of 1783) is still preserved.' -[N. A. Review, xxxiv, 526, 528, 552.

For notices of various Maps, see N. A. Review, vi, 402; xxvi, 434, 435; xxxiv, 519, 526, 530, 531, 533, 553; lii, 440–442, 444; lvi, 468, 471-476; also, Gallatin & Webster on N. E. Boundary, pp. 13, 46, 76, 77, 80, 178.

The Senate of the United States refused, in July, 1832, to sụbscribe to the award (of the King of the Netherlands). -N. A. Review, xliii, 440.

* * It would be expedient, while negotiating for a new line of boundary on equitable terms, that an arrangement should be made, by which the existing boundary between Vermont and Lower Canada shall be preserved, instead of rectifying it by running the line of the 45th degree of latitude anew. By such an arrangement we should retain not only Rouse's Point, but a tract of territory along the whole northern border of Vermont, of nearly a mile in width, and it would afford a

* In the geographical department of the French Archives of Foreign Affairs. See foot note on page 74.-{P.

further reason for offering an indemnity to the State nf Maine for the loss of territory. -[N. A. Reviero, xliii, 444.

DETERMINATION OF THE NEW YORK AND VERMONT

JOINT BOUNDARY LINE.

An ACT to designate and establish the Boundary Line between this State and the State of Vermont.

Passed June 8, 1812. Whereas it is represented to the legislature that the boundary line between this state and the state of Vermont has not been designated by permanent marks or monuments : And whereas it is necessary, in order to prevent litigation between the citizens of the said states, that the said line should be plainly designated and finally established: Therefore,

I. Be it enacted by the people of the state of New York, represented in Senate and Assembly, That Smith Thompson, Simeon De Witt and George Tibbits, Esquires, be and they are hereby appointed commissioners on the part of this state, to meet such commissioners as may be appointed by or on the part of the state of Vermont, at any time and place which may be agreed on by the said commissioners jointly, and to designate by permanent monuments the said boundary line, as nearly as may be practicable, according to the description thereof, in an instrument bearing date the seventh day of October, in the year of our Lord one thousand seven hundred and ninety, executed by the commissioners empowered to declare the consent of the legislature of this state to the formation of the territory therein described into a new state, by the name of the state of Vermont; and that the line which shall be so designated shall be the permanent boundary line between this state and the said state of Vermont.

II. And be it further enacted, That the person administering the government of this state shall without delay transmit an authentic copy of this act to the governor of the said state of Vermont, to be submitted to the legislature thereof; and solicit the appointment of commissioners on the part of that state for the purposes herein above expressed.

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