On the 14th of August 1779, six weeks be

Instructions of Con- fore the choice of a minister, Congress adopted gress for Treaty instructions for a treaty of peace with Great Britain. In these instructions the boundaries

with Great Britain.

of the United States were defined as follows:1

"The boundaries of these States are as follows, viz: These States are bounded north, by a line to be drawn from the northwest angle of Nova Scotia along the highlands which divide those rivers which empty themselves into the river St. Lawrence, from those which fall into the Atlantic ocean, to the northwesternmost head of Connecticut River; thence down along the middle of that river to the forty-fifth degree of north latitude; thence due west in the latitude forty-five degrees north from the equator to the northwesternmost side of the river St. Lawrence or Cadaraqui; thence straight to the south end of Nepissing; and thence straight to the source of the river Mississippi: west, by a line to be drawn along the middle of the river Mississippi, from its source to where the said line shall intersect the thirty first degree of north latitude: south, by a line to be drawn due east from the termination of the line last mentioned in the latitude of thirty-one degrees north from the equator to the middle of the river Appalachicola, or Catahouchi; thence along the middle thereof to its junction with the Flint River; thence straight to the head of St. Mary's River; and thence down along the middle of St. Mary's River to the Atlantic ocean: and east, by a line to be drawn along the middle of St. John's river from its source to its mouth in the bay of Fundy, comprehending all islands within twenty leagues of any part of the shores of the United States, and lying between lines to be drawn due east from the points where the aforesaid boundaries between Nova Scotia on the one part, and East Florida on the other part, shall respectively touch the bay of Fundy and Atlantic ocean."

Terms "Atlantic
Ocean" and "Sea."

By these instructions it is to be observed that the United States are said to be bounded on the north "by a line to be drawn from the northwest angle of Nova Scotia along the highlands which divide those rivers which empty themselves into the river St. Lawrence, from those which fall into the Atlantic ocean," and on the east "by a line to be drawn along the middle of St. John's river from its source to its mouth in the bay of Fundy." The description here given of the "highlands" which form the northern boundary of the United States, differs from the description given in the Quebec proclamation and the Quebec

1 Secret Journals of Congress, For. Aff. II. 225-226; Am. State Papers, For. Rel. VI. 866; Wharton's Dip. Cor. Am. Rev. III. 301.

act of the "highlands" which form the southern boundary of that province, only in the use of the term "Atlantic Ocean" instead of the term "sea." In the proclamation and act of Parliament the description is "the highlands which divide the rivers that empty themselves into the river St. Lawrence, from those which fall into the Sea."

Nova Scotia.

The point from which the boundary of the Northwest Angle of United States was to be drawn along the "highlands" was designated in the instructions as the "northwest angle of Nova Scotia;" and this angle obviously was formed by the contact of the eastern boundary of the United States, which was also the western boundary of Nova Scotia, with the "highlands" running westward from the Bay of Chaleurs and forming in part the northern boundary of the United States and of Nova Scotia alike. But how was it that the "source" of the St. John' could form such an angle? This question may be answered by looking at Mitchell's map, on which the River St. John, where it strikes the due north line from the source of the St. Croix, branches to the north as well as to the west, the northern branch finding its origin in a body of water called Lake Medousa, which lies on the same due north line, close by the head waters of streams falling into the River St. Lawrence. Here evidently was the "northwest angle of Nova Scotia" mentioned in the instructions.

Congress.

For the boundaries above outlined, and all Final Instructions of the countries and islands lying within them, the representative of the United States was instructed strongly to contend; but he was authorized, if the line to be drawn from the mouth of Lake Nepissing to the head of the Mississippi could not be obtained without continuing the war for that purpose, to agree to some other line between that point and the Mississippi, provided no part of it should be south of the forty-fifth parallel of north latitude. In like manner he was also empowered, if the eastern boundary as described could not be obtained, to agree that it should be adjusted by commissioners "according to such line as shall be by them settled and agreed on as the boundary between that part of the State of Massachusetts Bay, formerly called the Province of Maine, and the colony of Nova Scotia, agreeably to their respective rights."

On the 15th day of June 1780 Congress adopted final instructions to Adams, Frauklin, Jay, Laurens, and Jefferson, who had been chosen as peace commissioners, in which they were authorized "to secure the interest of the United States in such a manner as circumstances may direct, and as the state of the belligerent and the disposition of the mediating powers may require," "provided that Great Britain be not left in possession of any part of the Thirteen United States."

Report of Special
Committee.

On the 16th of August 1782 a special committee consisting of Messrs. Carroll, Randolph, and Montgomery made a report to Congress of certain facts and observations, which they recommended should be referred to the secretary for foreign affairs, to be by him digested, completed, and transmitted to the plenipotentiaries for negotiating a peace, for their information and use. In this report the historical facts of the boundary are reviewed, and it is said that the country called Sagadahock "cannot be proved to extend to the river St. John as clearly as that of St. Croix." It is stated, however, that in the altercation between France and Great Britain in 1751 the southwest boundary of Nova Scotia was asserted by the latter to be the Pentagonet or Penobscot River. Indeed, the chief if not the only uncertainty in regard to the confines of Nova Scotia, apart from that due to a lack of topographical knowledge, grew out of the rival claims put forward by France and Great Britain with a view to enlarge their respective boundaries and limit each other's possessions.

Negotiations at
Paris.

When negotiations for a treaty of peace between the United States and Great Britain were begun at Paris in the summer of 1782, Adams was detained in the Netherlands, Laurens had resigned his commission, and Jefferson had declined to serve. The United States were therefore represented by Franklin and Jay; Great Britain by Richard Oswald. On the 8th of October 1782, the very day on which Adams triumphantly concluded a treaty of amity and commerce and a convention

Wharton's Dip. Cor. Am. Rev. IV. 504-505.

Secret Journals of Congress, Foreign Affairs, III. 161-171. See a report of the legislature of Massachusetts of October 27, 1781, laid before Congress November 17, 1781, on boundaries. (Am. State Papers, For. Rel. VI. 866.) See, also, Livingston to Franklin, January 7, 1782, Wharton's Dip. Cor. Am. Rev. V. 87-97.

concerning recaptures with their High Mightinesses the States General of the United Netherlands, the peace commissioners at Paris agreed on certain articles in the first of which the boundaries of the United States were defined in accordance with the American commissioners' claims-on the north by the highlands, from the northwest angle of Nova Scotia to the Connecticut River; from the Connecticut to the St. Lawrence, by the forty-fifth parallel of north latitude; from the St. Lawrence by a straight line to the south end of Lake Nepissing, and thence to the source of the Mississippi; and on the east by a line to be drawn along the middle of the St. John River from its source to its mouth in the Bay of Fundy. The following note, however, was added to the articles: "Alteration to be made in the treaty respecting the boundaries of Nova Scotia, viz: East, the true line between which and the United States shall be settled by commissioners as soon as conveniently may be after the war." Oswald sent the articles thus amended to his Court for approval. "He thinks they will be approved there," wrote Franklin, "but I have some doubts. In a few days, however, the answer expected will determine. By the first of these articles the King of Great Britain renounces for himself and successors all claim and pretension to dominion or territory within the thirteen United States; and the boundaries are described as in our instructions, except that the line between Nova Scotia and New England is to be settled by commissioners after peace."2

Franklin's augury proved to be correct. After several weeks the articles were returned by Mr. Strachey, an under secretary, who was evidently charged to correct Oswald's yielding disposition. By this time John Adams had arrived from the Netherlands and assumed the functions of a peace commissioner. On October 30 and the three following days the nego tiators held formal conferences, at which Oswald was assisted by Strachey and also by a Mr. Roberts, a clerk from the office of trade and plantations, who endeavored to argue away the limits of Massachusetts.3 Adams was prepared to maintain the claim of Massachusetts to the St. Croix, but not beyond it,

Wharton's Dip. Cor. Am. Rev. V. 806–808.

2 Franklin to Livingston, Sec. of For. Aff., Oct. 14, 1782, Wharton's Dip. Cor. Am. Rev, V. 811.

3 Adams to Livingston, Sec. of For. Aff., Oct. 31, 1782, Wharton's Dip. Cor. Am. Rev. V. 839; Amory's Life of Sullivan, I. 311.

believing that to be the true eastern boundary. On the 5th of November Strachey returned to England with new articles that had been agreed on. In these articles the American commissioners, accepting the line described in the commission of Montague Wilmot, governor of Nova Scotia, in 1763, as the western limit of that province, agreed to take the St. Croix River and a line due north from its source as the eastern boundary, up to the point where it intersected the highlands dividing rivers falling into the Atlantic Ocean from those emptying themselves into the River St. Lawrence. From this point, which was designated as the northwest angle of Nova Scotia, the boundary followed the highlands down to the northwesternmost head of Connecticut River, and, proceeding down the middle thereof to the forty-fifth parallel of north latitude, followed that parallel to the Mississippi. It was, however, left optional with the British Government to substitute for the forty-fifth parallel in a part of its course a line through the middle of the Great Lakes. All the lines here referred to were marked on a map, and it was, says Fitzmaurice, “the loss of this map, with the line marked out as finally agreed upon, which led to the difficulties terminated in 1842 by the Ashburton Treaty"-the difficulties we are now discussing. To the "loss" of this map we shall advert hereafter.

Treaty of Peace.

3

4

The British ministry, while not approving Conclusion of the the lines proposed for the boundaries, decided to close the negotiations rather than, by delaying a settlement till after the assembling of Parliament, incur the risk of bringing before that body the various questions at issue, and especially that of compensation for the loyalists. They therefore dispatched Strachey to Paris with a new set of articles, in which the alternative offer of a line through the middle of the Great Lakes was adopted, the rest

'Wharton's Dip. Cor. Am. Rev. V. 815, 851-852; VI. 112. Wharton's Dip. Cor. Am. Rev. V. 851.

3 Adams to Livingston, Sec. of For. Aff., November 6, 1782, Wharton's Dip. Cor. Am. Rev. V. 856. See, also, Id. 872-873, 875-876, 878; VI. 47; Fitzmaurice's Life of Shelburne, III. 294. "I despatch," wrote Strachey to the British ministers, "the boundary line originally sent to yon by Mr. Oswald and two other lines proposed by the American Commissioners after my arrival at Paris. Either of these you are to choose. They are both better than the original line, as well in respect to Canada, as to Nova Scotia." (Fitzmaurice's Life of Shelburne, III. 294-295.)

4Life of Shelburne, III. 295.

"Wharton's Dip. Cor. Am. Rev. VI. 72.