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sion. Mars Hill is in every direction at least a hundred miles distant from the sources of any of the rivers that empty into the River St. Lawrence. The only streams it divides are two small tributaries of the River St. John, which flows into the Bay of Fundy. So that, according to the British agent's contention in regard to the Restigouche, Mars Hill does not divide rivers falling either into the River St. Lawrence or into the Atlantic Ocean. It was preeminent for fulfilling none of the conditions of the treaty of 1783, except, perhaps, that it was a high elevation. But the British agent met this difficulty by interpreting the treaty according to its "spirit" and not its letter. The words "north to the Highlands" in the treaty of 1783 were, he said, evidently intended to mean that the line should terminate whenever it reached highlands which "in any part of their extent" divided the waters therein mentioned. It was not necessary that they should possess this characteristic "in their whole extent." The words "which divide those rivers" merely meant "where they divide those rivers.” "Where" the highlands divided rivers emptying themselves into the River St. Lawrence from those falling into the Atlantic Ocean properly so-called, the line was to follow such highlands; but where they did not so divide rivers the line was at any rate to follow "highlands." To exemplify and strengthen his interpretation, the British agent proposed that the language of the treaty should be reversed, and that the line, instead of beginning at the northwest angle of Nova Scotia, should be traced "from the northwesternmost head of Connecticut, along the highlands which divide those rivers, &c. to the northwest angle of Nova Scotia, viz. that angle which is formed by a line drawn due north from the source of the St. Croix River to the Highlands." Tracing the line thus, it proceeded from the Connecticut River coincidently with the line claimed by the United States for a distance of about eighty miles, if measured in a straight line from point to point, to a place called Metjarmette Portage, dividing the source of the northwesternmost branch of the Penobscot River, which falls into the Atlantic Ocean, from the source of a tributary of the River Chaudière, which falls into the River St. Lawrence. From this point the line proceeded to Mars Hill along highlands which divide either tributaries of the Penobscot from those of the St. John or tributaries of the St. John from each other. To these

arguments of the British agent the British commissioner added. the suggestion that the treaty, in directing that the due-north line should be run to the highlands, meant the first highlands or elevation to be met. The British as well as the American line may be seen on the map at the beginning of the next chapter.

As to the northwesternmost head of ConNorthwesternmost necticut River the American and British lines also differed, the American agent claiming the head of Hall's Stream and the British agent

Head of Connecticut River.

a different stream.

Forty-fifth Parallel of North Latitude.

But the most surprising difference was that which arose in regard to the forty-fifth parallel of north latitude. In 1817 Andrew Ellicott,' who was then acting as astronomer on the part of the United States, ascertained the point where that parallel of latitude strikes the Cataraquy and marked it with a stone monument. He found the point to be within two or three feet of the place of its supposed true location. But in the autumn of 1818 Dr. Tiarks and Mr. Hassler, then the British and American astronomers, discovered, apparently to the consternation of both of them, that just east of Lake Champlain the true parallel lay about three-fourths of a mile south of the "Old Line," which was surveyed in the preceding century. Less than half a mile to the south of this line lay the fort at Rouse's Point, which had been constructed by the United States at a cost of a million dollars and which was believed to be of great strategic value; and near by was a new work in course of construction; so that it seemed that both forts were on British territory. The astronomers at first kept their discovery a profound secret, except from the agents of their governments, fearing that its disclosure might cause a local uprising. There was no doubt, however, as to the fact. The old line was in certain parts erroneous. The American agent, Mr. Bradley, endeavored to meet the emergency by claiming that geocentric instead of observed

2

Mr. Ellicott was at this time professor of mathematics at West Point. He was born in Bucks Co., Pa., Jan. 24, 1754. His father was one of the founders of Ellicott City (then Ellicott's Mills), near Baltimore, Md. His services to the United States were numerous. He died Aug. 29, 1820. See Coues's Expeditions of Zebulon Montgomery Pike, II. 656.

2 Mr. Tiarks to Mr. Barclay, October 15, 1818, Rives's Correspondence of Thomas Barclay, 402; Diary of John Quincy Adams, October 28, 1818.

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.)

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, "C. P. VAN NESS."

Commissioners'
Reports.

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.

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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