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although they sometimes intimate that the independent tribes of savages who inhabit that vast region have a right to carry on within it their usual traffick with whom they please, and of course to authorize a continuance of the customary British trade to which this article relates; and, if not absolutely to authorize it, at least to give to Great Britain a claim upon the United States for a recognition of it (especially in connection with the treaty of 1794) upon fair terms and equivalents. We resisted this proposal by every consideration which has been stated by you, or has occurred to ourselves. We dwelt particularly upon the high motives of duty and the urgent views of policy, connected with the publick tranquillity, as sug. gested by recent facts, or by the state and peculiar popu. lation, as far as they were known, of the country to the westward of the Mississippi, as well as by the nature and character of the traffick itself, which were likely to influence our government against any plan, which should admit British or any other foreign traders into it. We were not able, however, to produce any disposition to dispense with this demand, and had abundant reason to apprehend that a rejection of it by the United States would be considered here as an unfriendly act without an adequate motive, and might prevent the completion of any satisfactory arrangement of the other points embraced by the proposed convention. Still, if the consideration of this subject should be resumed, we shall not fail to renew our efforts, whatever may be the prospect of success, to reconcile this government to the failure of this favourite object, unless the instructions we may receive from you should appear to point to a different course.
There is another feature in this article which it is proper to notice. It relates to a subject with which you are already familiar, the mode of calculating the ad valoren duties on goods imported into the United States, under the 3d article of the treaty of 1794. The calculation is understood to be made upon the value in Canada, not upon the value at the place of original exportation. This is complained of, not as a hardship merely, but as a plain infringement of the treaty. The object is not perhaps of such value as to make a perseverance in this doubtful practice desirable, and it is certain that the explanation, it made at this time (and it not made now, it will probably
be pressed hereafter with increased zeal, as being demanded by good faith) will be received in this country as the effect of a just and liberal policy towards Great Britain. The remaining provisions of the article in favour of Great Britain are of no importance, and will perhaps be best explained by the enclosed copy of an “extra official communication with regard to the Canada trade," made to us by lord Holland and lord Auckland some time ago.
The 8th article of the project relates to a trade by sea, between some port or ports of the British northern provinces and the United States, in the vessels of either party. The article is not such as we entirely approve, but connected with an act of parliainent, which it was proposed to pass immediately, and of which the draft was shown to us by the British commissioners, it would perhaps go near to accomplish the object of our government. Our project contained an article upon this subject proposing an open trade in native productions, with the same system of duties as is contained in our treaty. We were told that, although well disposed towards our object, it was impossible for the government to venture at present upon a measure striking so plainly and essentially at their colonial system ; that with the aid of the good understanding between the two countries, which would grow out of the adjustment of all points of difference, their plan would be found in its practical effect to be nearly, if not altogether as convenient and beneficial to us as our own; and that, by taking a form as little calculated as possible to alarm the advocates of rigorous monopoly, it was the more likely to become the successful means of introducing more enlightened opinions, and a more liberal practice into the whole colony system
of this country. . The 9th article merely prescribes the duration of the commercial articles of the convention. .
We ought to add that we had inserted in our project upon the subject of boundary an article relative to Grand Menan, but found it impracticable to retain it; the British commissioners had been induced to believe that Great Britain had been in possession of that island for a great number of years; and that, although this possession might not amount to a title, it was a reasonable ground upon which to presume every thing which constituted title, so as to make it improper for them to bring it into question. We argued in vain that the title to Grand Menan must depend upon two plain questions of fact; whether, being within 20 leagues.of our shores, it was included within the parallel east lines described in the treaty of peace as comprehend. ing the islands which should belong to the United States; and whether, if that should be so, it was at the making of that treaty, or at any time before, within the limits of Nova Scotia : that it was impossible to pretend that the last of these questions could be answered in favour of Great Britain, and that there was strong reason to believe that the answer to the first would be found to be in favour of the United States : that their possession, such as it was (although its precise nature did not appear, and ought not to be taken for granted) commenced aster the treaty of peace, and could neither give them a title, nor in any fair reasoning, applicable to the claims of sovereign states, justify a presumption of those facts upon which their title must rest; facts which were so easily capable of ascertainment, and which it was the immediate object of our article to ascertain in the same manner as other disputed facts relative to boundary had already been, and again were by this convention proposed to be ascertained. It was retorted that our title to Moose Island, Frederick Island, and Dud. ley Island, in the bay of Passamaquoddy, was, under the treaty of peace, of a very questionable kind; and that, even if it should be admitted that their title to Grand Menan was also doubtful, it was but a fair and equitable compromise that, as we were suffered to hold, principally upon the score of possession, three islands to which Great Bri. tain might make out a claim of considerable strength, she should on her part be suffered to retain, upon the same score of long possession, the only island, not given up to the United States, to which they seemed to think they had any shadow of pretension. We replied by denying that it was at all doubtful that these islands belonged to the United States ; but as it was evident that there was no disposition to yield upon the main point, we finally thought it most advisable to forbear to press the subject for the present, and to leave the case of Grand Menan for future adjustment, as an independent case, freed from the disad. vantage of this idea of compromise.
We have only to repeat, what is stated in our last, that we do not mean in any event to act conclusively upon the
nah in intimation of January
project in question, until the views of the President, rela-
ADDITIONAL AND EXPLANATORY ARTICLES, Signed the day of
1807, to be added to the Treaty of Amity, Commerce, and Navigation, between his Britannick Majesty and the United States of America, signed at London the 31st day of December, 1806.
Whereas by the second article of the treaty of amity, commerce, and navigation, concluded at London, on the 31st of December, 1806, between his majesty and the United States of America, it is agreed, that the several articles of the treaty of 1794, 6 which have not expired, nor as yet had their full operation and effect, shall be confirmed in their best form and in their full tenour; and that the contracting parties will also, from time to time, enter into friendly explanations on the subject of the said articles, for the purpose of removing all such doubts as may arise or have arisen, as to the true import of the same, as well as for the purpose of rendering the said articles more conformable to their mutual wishes and convenience," and it being the sincere desire of his majesty, and of the United States, that certain points should be so explained as to promote mutual satisfaction and friendship, and for this purpose the respective plenipotentiaries who concluded and signed the aforesaid treaty of the 31st of December, 1806, having already exchanged their full powers, have in virtue of the same entered into these additional and explanatory articles.
ART. 1. The line herein after described shall, and is hereby declared to be the boundary between the mouth of the river St. Croix and the bay of Fundy; that is to say, a line beginning in the middle of the channel of the river St. Croix at its mouth, as the same has been ascertained VOL. VI.
by the commissioners appointed for that purpose ; thence through the middle of the channel between Deer Island, Marvel Island on the east, and Moose Island, Dudley Island, and Frederick Island on the west, and round the south point of Campo Bello Island to the bay of Fundy, and the islands and waters eastward of the said boundary are hereby declared to be within the jurisdiction and part of his majesty's province of New Brunswick; and the islands and waters westward of the said boundary are declared to be within the jurisdiction and part of Massachusetts, one of the said United States; notwithsanding which, a full and entire right of navigation is reserved to the United States in the channel between Deer Island on the east and north, and Moose Island and Campo Bello Island on the west and south, and round the east point of Campo Bello Island into the bay of Fundy, the aforesaid channel frequently affording the only convenient and practicable navigation.
ART. 11. And whereas it has become expedient that the north-west angle of Nova Scotia mentioned and described in the treaty of peace between his majesty and the United States, should be ascertained and determined, and that the line between the source of the river St. Croix and the said north-west angle of Nova Scotia, should be run and marked according to the provisions of the said treaty of peace; it is agreed, that for this purpose, commissioners shall be appointed in the following manner, viz, one commissioner shall be named by his majesty, and one by the President of the United States, by and with the advice and consent of the Senate thereof; and the said two commissioners shall agree in the choice of a third, or if they cannot agree, they shall each propose one person, and of the two names so proposed, one shall be taken by lot, in the presence of the two original commissioners; and the three commis. sioners so appointed shall be sworn impartially to ascertain and determine the said north-west angle of Nova Scotia, pursuant to the provisions of the said treaty of peace; and likewise to cause the same boundary line between the source of the river St. Croix, as the same has been determined by the commissioners appointed for that purpose, and the north-west angle of Nova Scotia, to be ron and marked according to the provisions of the treaty afore. said ; the said commissioners shall meet at Boston, and have power to adjourn to such other place or places as they