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began Mr. Webster was prepared to recommend that Great Britain should be allowed to retain "her old and convenient communication between the provinces," and even to hold all the Madawaska settlements on the United States side of the Netherlands line if the United States could obtain as equivalents the right to convey lumber and produce from all the tributaries of the St. John to its mouth with no other tax or toll than was levied on similar British articles, and a cession of territory on the west side of the St. John and east of the line running north from the source of the St. Croix.' In the negotiations however the idea of territorial exchanges was abandoned, and a different mode of compensating Maine and Massachusetts was adopted. It was agreed to take as the boundary north from the source of the St. Croix the line run and marked by the surveyors of the two governments in 1817 and 1818, to the middle of the channel of the St. John. While this line was not entirely accurate, the errors in it were so inconsiderable that Mr. Webster did not deem their correction a sufficient object to justify the disturbance of the grants and settlements that had been made in reliance upon it. From the point where this north line strikes the middle of the channel of the St. John, it was agreed that the boundary should follow the middle of the main channel of that river to the mouth of the River St. Francis; thence up the middle of the channel of the St. Francis, and of the lakes through which it flows, to the outlet of Lake Pohenagamook; thence southwesterly, in a straight line, to a point on the northwest branch of the River St. John, which point should be ten miles distant from the main branch of the St. John, in a straight line, and in the nearest direction, provided that if such point should be found to be less than seven miles from the nearest summit or crest of the highlands dividing the rivers emptying themselves into the River St. Lawrence from those

Mr. Webster to Mr. Everett, April 25, 1842, Webster's Private Correspondence, II. 120, 122.

The deflection in the "due-north" line as previously surveyed, though slight, had the effect of making the elevation of the line at the latitude of Mars Hill much greater than that of the true line. Major Graham found in 1841 that the true line passed that latitude at an elevation of only 10 feet above the level of the monument at the source of the St. Croix; that its greatest elevation in passing over any spur connected with Mars Hill was only 63 feet above that level; and that, beyond that spur, the line fell below the level of the monument at several points before reaching the Aroostook.

falling into the St. John it should be made to recede down the northwest branch of the St. John to a point seven miles in a straight line from such summit or crest; thence in a straight line, in a course about south 8 west, to the point where the parallel of latitude of 46° 25′ north intersects the southwest branch of the St. John; thence southerly, by that branch, to its source in the highlands at the Metjarmette Portage; thence down along the highlands that divide the waters emptying themselves into the River St. Lawrence from those falling into the Atlantic Ocean, to the head of Hall's Stream; thence down the middle of that stream to the intersection of the old line surveyed and marked by Valentine and Collins, previously to 1774, as the forty-fifth parallel of north latitude, and which had been known as the line of actual division between the States of New York and Vermont on one side and the province of Canada on the other; and from such point of intersection west, along that dividing line, as previously known and understood, to the Iroquois or St. Lawrence River.

Territorial Results to Maine.

In communicating this line to the Maine commissioners for their consideration as the most advantageons that could be obtained, Mr. Webster observed that the territory in dispute contained 12,027 square miles, or 7,697,280 acres; that by the line proposed there would be assigned to the United States 7,015 square miles, or 4,489,600 acres, and to England 5,012 square miles, or 3,207,680 acres; that by the award of the King of the Netherlands there were assigned to the United States 7,908 square miles, or 5,061,120 acres, and to England 4,119 square miles, or 2,636,160 acres; that the territory proposed to be relinquished south of the line of the King of the Netherlands was the mountain range from the upper part of the St. Francis River to the meeting of the two contested lines of boundary at the Metjarmette Portage, in the highlands, near the source of the St. John; that this mountain tract contained 893 square miles, or 571,520 acres; and that of the general division of the territory it might be said that, while the portion remaining to the United States was in quantity seventwelfths, in value it was at least four-fifths of the whole.

St. John.

On the other hand, said Mr. Webster, if this Navigation of the line should be agreed to on the part of the United States, the British minister would, as an equivalent, stipulate, first, for the use of the St. John for the conveyance of the timber growing on any of its branches

to tide water on the same terms as British timber, and for the surrender to the United States of Rouses Point and the lands formerly supposed to be within the limits of New Hampshire, Vermont, and New York, but really lying to the north of the true forty-fifth parallel. Perhaps, also, the disputed boundary in Lake Superior might be so adjusted as to leave a contested island in the possession of the United States. These territorial cessions would inure partly to the benefit of the States of New Hampshire, Vermont, and New York, but principally of the United States. The consideration however on the part of England for making them would be the manner agreed on for. adjusting the eastern boundary. The price of them would therefore in fairness belong to the two States interested in that boundary. Under the influence of these considerations, Mr. Webster said he was authorized to say that, if the commissioners of Maine and Massachusetts would Compensation of assent to the line proposed, the United States would undertake to pay to those States the sum of $250,000, to be divided between them in equal moieties, and also to undertake the settlement and payment of the expenses incurred by them in maintaining the civil posse and in prosecuting a survey which they had found it necessary to make.1

Maine and Massachusetts.

On these terms, with the addition of $50,000 Signature of Treaty. to the compensation offered to Maine and Massachusetts, a settlement was finally effected with the assent of the commissioners of those States. The treaty was signed on the 9th of August.

By its first article, the northeastern boundary is defined in the manner which has been described.

Provisions of the
Treaty.

By the third article it is provided that the navigation of the St. John, where that river is declared to be the boundary, shall be free and open to both parties; that "all the produce of the forest, in logs, lumber, timber, boards, staves, or shingles, or of agriculture, not being manufactured, grown on any of those parts of the State of Maine watered by the river St. John, or by its tributaries, of which fact reasonable evidence shall, if required, be produced, shall have free access into and through the said river and its tributaries, having their source within the State

Mr. Webster to the Maine commissioners, July 15, 1842. (Webster's Works, VI. 276.)

2 H. Ex. Doc. 2, 27 Cong. 3 sess. 31.

of Maine, to and from the seaport at the mouth of the said river St. John's and to and around the falls of the said river, either by boats, rafts, or other conveyance; that when within the province of New Brunswick, the said produce shall be dealt with as if it were the produce of the said province; that, in like manner, the inhabitants of the territory of the upper St. John, determined by this treaty to belong to Her Britannic Majesty, shall have free access to and through the river, for their produce, in those parts where the said river runs wholly through the State of Maine; Provided, always, that this agree.ment shall give no right to either party to interfere with any regulations not inconsistent with the terms of this treaty which the governments, respectively, of Maine or of New Brunswick may make respecting the navigation of the said river, where both banks thereof shall belong to the same party."

By the fourth article provision was made for the confirmation of grants of land previously made by either party in territory which by the treaty falls within the dominion of the other, as well as for the confirmation of all equitable possessory claims, arising from the possession and improvement of any lot or parcel of land by the person actually in possession, or by those under whom he claimed, for more than six years before the date of the treaty.

nce.

1 On May 16, 1844, Mr. Calhoun, who was then Secretary of State, instructed Mr. Everett to bring to the attention of Her Majesty's government the fact that the legislature of New Brunswick had imposed an export duty of a shilling a ton on all timber shipped from any port in the province, the authorities of Maine contending that the duty contravened the provision of Article III. of the treaty of 1812 as to "free access" to the port at the mouth of the St. John for Maine lumber and prodLord Aberdeen on the 9th of December replied that it was no violation of the treaty, as American and Canadian articles were treated alike, the treaty providing that Maine lumber and produce should, “ when within the province of New Brunswick, be dealt with as if it were the produce of the said province." Great Britain had, said Lord Aberdeen, given a liberal construction to this article by allowing the produce of Maine, when once brought within the province of New Brunswick, to be exported thence, and imported into England and the British Possessions, on payment of the same duties as the produce of the province itself. (Br. and For. State Papers, LI. 934.) By article XXXI. of the treaty of May 8, 1871. Great Britain engaged "to urge upon the Parliament of the Dominion of Canada and the Legislature of New Brunswick, that no export duty, or other duty, shall be levied on lumber or timber of any kind cut on that portion of American territory in the State of Maine watered by the river St. John and its tributaries, and floated down that river to the sea, when the same is shipped to the United States from the province of New Brunswick."

By the fifth article provision was made for the distribution of the "disputed territory fund," which consisted of moneys received by the authorities of New Brunswick from charges for the cutting of timber in the disputed territory, with a view to prevent depredations on the forests, and the proceeds of which it was agreed should subsequently be paid over to the parties interested, in the proportions to be determined by the final settlement of the boundary. It was stipulated that a correct account of all receipts and payments of this fund should be delivered to the United States, and that the proportion of the amount due thereon to Maine and Massachusetts should be paid to the United States. Of this fund the United States agreed to pay over to those States their respective portions, and further to satisfy their claims for expenses incurred by them in protecting the disputed territory and making a survey thereof in 1838. Beyond this the United States agreed "with the States of Maine and Massachusetts to pay them the further sum of three hundred thousand dollars, in equal moieties, on account of their assent to the line of boundary described in this treaty, and in consideration of the conditions and equivalents received therefor from the Government of Her Britannic Majesty." This last stipulation Lord Ashburton was at first disinclined to admit into the treaty, since it was in fact an agreement between the United States and the States of Maine and Massachusetts. Mr. Webster however convinced him of the propriety of retaining it, at the same time expressly declaring that no responsibility on account of it could be incurred by the British Government.' By the sixth article of the treaty provision was made for the joint establishment by two commissioners, one to be appointed by each government, of the boundary described in the first article.2

On the 11th of August the treaty was comCriticism of Treaty in municated by President Tyler to the Senate,” where its provisions, not only in respect of the boundary but of the slave trade and the

United States and

Great Britain.

Webster's Works, VI. 289.

The correspondence between Mr. Webster and Lord Ashburton leading up to the conclusion of the treaty may be found in Webster's Works, VI. 270; Br. and For. State Papers, XXX. 136; H. Ex. Doc. 2, 27 Cong. 3 sess. 31. 3 Webster's Works, VI. 347. As to President Tyler's helpful attitude and influence in the negotiation, see Curtis's Life of Webster, II. 105; Mr. Webster to President Tyler, August 24, 1812, Webster's Private Correspondence, II. 146.

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