THE DISPUTED TERRITORY. divide the rivers that empty themselves into the said River St. Lawrence from those which fall into the sea." The obvious reason for thus running the line is, that it might strike the northwestern angle of Nova Scotia, as designated by the straight line running due north from the St. Croix, to "the first bay, river, or spring emptying itself into the great river of Can ada." Again; in 1763, Montague Wilmot was appointed English governour of Nova Scotia, and in his commission the boundaries were again specified in the following words: "Across the entrance of the Bay of Fundy to the mouth of the river St. Croix, by the said river to its source, and by a line drawn north from thence to the southern boundary of our colony of Quebec; to the northward by said boundary," &c. And to make assurance doubly sure, precisely the same language is used in the commission of WILLIAM CAMPBELL, in 1767, and of FRANCIS LEGGEE, in 1771. And this definition of the boundary of Nova Scotia on the part of George III. and his ministers, was subsequently recognised by act of Parliament, in 1774. After the war of the Revolution it became neces THE question as to the true boundary line between the state of Maine and the province of New Brunswick, so long a matter of tardy negotiation between the United States and England, has recently assumed an importance, in consequence of border difficulties in assumptions of right, which, we doubt not, will lead to a speedy settlement of the question at issue. For some time past much excitement has prevailed in consequence of the hostile attitudes assumed by the authorities on both sides of the line; and the newspaper press of the country has teemed with speculations on the probability and even certainty of a war between the United States and England. That such an event will occur, we have no fears, whatever; for, independent of that community of interest existing between the two countries, in all their commercial relations, as well as civil and political affinities in the great march of civilization, we deem the facts about which a misunderstanding exists, to be so susceptible of easy adjustment, that the two governments, having justice in view and acting dispassionately, will amicably settle the whole matter, without the barbarous appeal to arms. Without lumbering our pages with special pleadings, and sary to specify, in the Treaty of Peace, the various boundaries; arguments pro. et con., we present such facts as we and the commissioners, desirous to have been able to collect, as, with the aid of the "guard against all dispute which might hereafter map opposite, will enable the reader to judge cor- arise on the subject of boundaries," embodied in the rectly who is right and who is wrong in the matter. second article of the treaty, nearly the identical Until 1763, Lower Canada was in possession of words of former treaties, in reference to the territory the French, when, by the treaty of Paris, it, together in question. The article reads thus: "Article 20. with Nova Scotia, was ceded to England. From From the northwest angle of Nova Scotia, to wit; 1621, till this period (1763) the latter province was that angle which is formed by a line drawn due in the alternate possession of both English and north from the source of the St. Croix river, to the French, and its northern boundary always fixed highlands which divide those rivers that empty into upon the St. Lawrence. In 1621, King James the St. Lawrence from those which fall into the Atmade a grant of this province to Sir William Alex-lantick ocean, to the northwesternmost head of the ander, who gave it the name of Nova Scotia. In Connecticut river; thence down along the middle of this grant its western boundary is defined as follows, that river, to the forty-fifth degree of north latitude. and agrees with that on the map. "Commencing at Cape Sable, and crossing the Bay of Fundy to the river Holy Cross, or St. Croix, and to the furthest source or spring upon the western branch of the same, thence by an imaginary direct line, to be drawn or run through the country or over the land, to the north, to the first bay, river or spring, emptying itself into the great river of Canada; [the St Lawrence] and from thence running to the east along the shores of the said river of Canada." By the treaty of Paris, France ceded all her possessions in this quarter to England, and in that treaty and the article of cession, the boundary is described precisely as it is in the abovementioned grant from James I. When this treaty was ratified, George III. issued a proclamation, dated seventh October, 1763, in which was determined the southeastern boundary of Lower Canada, or Quebec, as it was then called. The proclamation declares that the boundary line "shall run through the Lake Champlain in forty-five degrees of north latitude, along the highlands which East by 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 aforesaid highlands which divide the rivers that fall into the Atlantick ocean from those which fall into the river St. Lawrence." When we concluded a treaty of amity and commerce with Great Britain in 1794, familiarly known as "Jay's Treaty," a commissioner was appointed to determine the identical river meant in the Treaty of Peace, denominated the St. Croix. The British agent, under that commission, contended that the west branch of the Scaudiac was the true St. Croix, and his main argument in support of this claim, is the fact, that it renders it more convenient to both nations, as the line from thence would give to both, the mouths of rivers rising in their respective territories. In reference to this, he says: "A line due north from the source of the western or main branch of the Scaudiac, will fully secure this effect to the United States in every instance, EXCEPT in that of the River St. John's, WHEREIN IT BECOMES IMPOSSI- BLE, by reason that the source of this river is to the westward of the Penobscot and even the Kennebec, so THAT THIS NORTH LINE, MUST OF NECESSITY CROSS THE ST. JOHN'S. But if a north line is traced from the East branch of the Scaudiac, IT WILL NOT ONLY CROSS THE ST. JOHN's within fifty miles of Frederickton, the Metropolis of New Brunswick, but it will cut off the sources of rivers which fall into the Bay of Chaleurs," &c., &c. former treaty of Peace, as the northwestern angle of Nova Scotia, nor the northwesternmost head of the Connecticut has yet been ascertained; and whereas that part of the boundary line between the dominions of the two powers which extends from the source of the river St. Croix, directly north, &c., has not been surveyed, it is agreed, &c., and the said commissioners shall have power to ascertain and determine the points abovementioned in conformity with the provisions of said Treaty of Peace of 1783." "that It will be observed by this, that the whole matter The principal argument used by the friends of the in dispute in 1794, was the question of which was English government is, that in the beforementioned the true river St. Croix. And all parties admitted, treaties, it is distinctly stated that the line should run let the line commence at either of the disputed from the source of the St. Croix, “directly north, to points, it must necessarily cross the St. John's. But the highlands which divide the rivers that fall into after the last war and all questions in dispute were the Atlantick ocean ;" and in another place, set at rest, the British government, in 1819, assumed fall into the sea." The British claimants contend, the ground, that the line from the river St. Croix, that the Bay of Fundy into which the St. John and must not cross the St. John's, and that Mars Hill is St. Croix flow, is not the sea or ocean, and it is upon the "Highlands" spoken of in all former treaties! this quibble concerning phraseology that they assume By reference to the map, the reader will readily the right of jurisdiction over the territory in dispute. perceive the ridiculous and untenable character of Of this a contemporary remarks, "That the two terms this assumption. were considered synonymous, no reasonable person In 1784, New Brunswick was set off from Nova can for a moment question; and yet the British govScotia, Thomas Carleton appointed governour, and ernment has gravely advanced the argument, that in his commission, and in those of all his succes-'sea' and Atlantick ocean' do not mean one and sors till 1819, the western boundary is described in the same thing; and that while the use of the term the exact words of former treaties and proclamations.' sea' would undoubtedly have rendered the whole And at the period of the treaty of Ghent, (1814,) the matter clear and our claim indisputable, the substituBritish commissioners, in a note, proposed to "dis- tion of the term Atlantick ocean,' not only cuts us cuss such a variation of the line (northeastern) of off from what has heretofore been acknowledged to frontier, as may secure a direct communication be- be the northwestern angle of Nova Scotia,' but tween Quebec and Halifax." Our commissioners renders it absolutely impossible ever to run the line replied that they had no authority to cede any dis- according to the treaty of 1783! This is the great-— trict. The British again urged the matter, saying we might say, the only argument on which they that they were "persuaded that an arrangement place any reliance; and when we claim to run the might easily be made," if entered into with a proper line due north, till we reach the waters flowing into conciliatory spirit. Again our commissioners assert- the St. Lawrence, they say 'No, these cannot be the ed their want of authority to make such a cession, highlands described in the treaty, because these to which the British commissioners replied as highlands divide the waters which empty into the follows: "The British government never required St. Lawrence from those which fall into the sea, or that all that portion of the State of Massachusetts into the Bay of Chaleur, Bay of Fundy, and the Atwhich lies between New Brunswick and Quebec should be ceded to Great Britain; but only that small portion of unsettled country which interrupts the communication between Quebec and Halifax, there being much doubt whether it does not already belong to Great Britain." Thus it appears plain, that in 1814, the territory now in dispute, was allowed by Great Britain to belong to the United States. And if it had not been so considered, the British commissioners would never have asked a variation of line, or the cession of a foot of land which they claimed to be their own. That up to 1814, no doubt was entertained about the boundary as specified in the treaty of 1783, may be inferred from the 5th article of the treaty of Ghent, which reads as follows: "Whereas neither that point of the Highlands lying due north from the source of the river St. Croix, and designated in the เ |lantick ocean. These bays are a part of the sea, but And further; in the third article of the treaty of 1783, in regulating fisheries, it says, "in the Gulf of bark upward, where it hung in strips around the St. Lawrence and all other places in the sea;" show-trunk.* ing conclusively to the unbiased mind, that the sea, meant all the bays, gulf, &c., on that coast. The territory in dispute, comprehends nearly seven million acres of land, and contains ten thousand seven hundred and ninety-five square miles; more than the whole state of Massachusetts. We have thus given the facts in the case, and leave it to the enlightened reader to judge whether Maine or New Brunswick is in the right. And as additional evidence, we would remark, that from 1755, to 1781, twenty different maps were published in Great Britain, all of which fixed the boundaries as .we claim them. LIGHTNING-CONDUCTORS. [The following interesting article, illustrative of the accompany ing engravings, is a communication to the American Magazine, and was first published several years since.] But I will now notice the various conductors of lightning, and some of the non or imperfect conductors. All the metals in their metallick state are incompar ably better conductors than any other substance; charcoal and live animals are the next best; but metal is the only substance that can be depended on or employed, to protect us and our buildings from the effects of lightning. Here it may be proper to remark, that it is supposed by many, that metal, be its form what it may, attracts the lightning. Such is not the fact. A round metallick rod, smooth at both ends, or a ball, does not attract the lightning And it is also supposed by some, and has been asmore than any other substance of a similar form. serted in a respectable journal of this city, "that the rust on lightning-rods, injures their conducting pow. er;" this too is a mistake. Let any person take the trouble to satisfy himself and others, by experiments with an electrical machine, with rusty pieces of iron, or even with the scales of rust from old iron hoops, &c., they will then know, that the rust on rods, neither impairs their conducting or receiving power. rust, on the oxide, separated from the metal and ground up with oil, is a non-conductor. And as it is FROM the number of instances that usually occur, important that the metal used for lightning-rods should during the season of thunder-storms, where the light be as rough and sharp-cornered as possible, to give ning is supposed to have left the rod and struck into it a receiving power, it must be obvious to every one the building, some persons have been led to doubt that to cover that roughness with paint of any kind, their utility; but the experienced Electrician, from especially white, must most assuredly injure their athis knowledge of the power of metal as a conductor tracting or receiving power. The paint acts as a of lightning, cannot believe, that the lightning ever gum or varnish, and serves to smooth the metal, but left a properly-constructed rod, until it arrived at the before the rust is removed from the metal, it is simtop, or to its end in the ground. In this essay, it is ply a dust with particles of the metal among it, not our intention to explain the cause of these phe- in the least injuring their conducting or receiving nomena, and to point out the best and safest form for power. There are various non-conducting substan lightning-rods. In the first place, it is necessary for ces, but none of them are sufficient to protect us from those who construct and affix lightning-rods to build- the effects of lightning, although to be surrounded by ings, to be acquainted with the various ways in which dry air is considered important for our safety during the discharges of lightning take place during a thun-thunder-storms. It is owing to the resistance the der-storm, according to the opinion of Electricians lightning meets with, when passing through that and these are thus described by Mr. Brand, in his medium, that we are made sensible of its effect. We manual of chymistry, and also by Professor Silliman, see it flashing among the clouds; we hear it as in his lectures at Boston, on Geology. "The dis- thunder when passing through the air: and when we charges of lightning are sometimes perpendicular are in the vicinity of an electrical machine during from the clouds to the earth, and sometimes from its excitement, or when near the passage of a flash the earth to the clouds, and sometimes through the of lightning, we can feel, smell and taste it. Thunatmosphere, from one cloud to another, in a horizon-der is a noise evidently caused by the rapid motion tal direction, as the one or the other may be posi- of the electrick fluid, thereby producing a vacuum, tively or negatively charged; and from my examina- and prolonged by echo among the clouds. If your tion of buildings struck by lightning, and other dis-house has a properly constructed lightning-conductor, astrous effects of that phenomenon, I am satisfied the safest place is the room adjacent that rod, but if those opinions are correct, and also that the last dis- your house has no conductor, it is safer to retire charges are more frequent than the others, often with those under your care to the middle of a room, taking the earth in their course; a circumstance and there remain in a sitting or recumbent posture, which may be accounted for, by supposing that the during the height of the storm, having previously materials on the surface of the earth, afford the light-shut the doors and windows to preserve the air in ning a freer passage to its contrary state, than the the room as dry as possible. To be sitting or standThese discharges I will call horizontal; they ing near a fireplace, especially if there is a fire in were termed by the philosophers of the last century, it, is dangerous. To be near a window or door in rebounding strokes of lightning. I have examined such circumstances, especially if they are open, likethe effect of a number of such discharges, and heard wise is dangerous. of many others. One in particular, where the light- We often hear it said during thunder-storms, "Do ning descended a tree and stripped the bark down-not stand near the lightning-rod, or that stove-funnel, ward, where it lay prostrate around the body of the tree, and after striking through a building, ascended This passage of the lightning on the ground, is represented another tree a mile from the first, and stripped the in the engraving, where the various discharges are exhibited. The above engraving, represents the different discharges of lightning during a thunder storm. or that iron fence, &c., for if you do, you will be lightning? The fact is, when a rod receives the killed." This caution is useless, for if the metals lightning, it requires every facility for parting with. that you are standing or sitting by, reaches above it, or it may strike into the building before it arrives your head, and to the floor or the ground, you are at the top or to the ground. As a conductor, I care much safer in such a situation than otherwise. Some not what the form of a rod may be, if it be only persons suppose that feather-beds are safe places pointed at the top, and in the ground. I should conduring thunder-storms, and often resort to them for sider that the lightning once on such a rod, could protection, but I have known of four persons being not leave it until it arrived at the top, or to the point killed while on them, which I supposed was caused in the ground, consistently with the laws that eviby the high post having nails or pieces of wire driv-dently govern the action of electricity. But there en into their tops, and that those pieces of metal acted as attractors or receivers of the lightning, and their bodies being better conductors than the bed, it passed through and thus destroyed them. are other discharges of lightning, that are much more frequent and dangerous than those just mentioned, (the horizontal discharges, those that strike from one cloud to another, frequently taking the earth in their course,) and require a very different formed rod from the round ones, for a protection to our buildings. To protect them from such discharges, we must have rods whose form has an attractive or receiving power, not only at the top and in the ground, but also for its whole length.. Let me now take a view of the various discharges of lightning above recited, and see if the present form of lightning-rods has a sufficient attractive or receiving power to protect us and our buildings from the effect of these different discharges. Their present form is well known to be round, with one or more points on their tops, but in the ground they are I will now direct you respecting the best metals chiefly blunt. Now I ask for what purpose are those for lightning-rods, and the most economical method points on their tops? the answer I suppose would of obtaining and constructing them. Copper and be, to attract or receive the lightning, that may be iron are the best metals for lightning-rods; and copdescending on our buildings, and conduct it to the per is the best of the two, as it is less liable to rust, ground. Here you have given the rod a power, by and therefore more durable. But as a square form these points, to receive the lightning, but it has no is the safest, and it is difficult to obtain copper of such power to part with it; even if the lightning that form, iron is generally used; yet I prefer copalways descended from the clouds, and from no per for publick buildings. But if we study economy other quarter, the present round form with points in the selection of metal, the common half inch only at the top, would be insufficient for that purpose; square nail rods are the best, and sufficiently large such being the fact, how are such rods to protect for any sized building; they have two sharp corour buildings against the other known discharges of ners, which ought always to be placed outward from |