place it in some new course of further reference, it is not to be disguised that such a result must be productive of considerable public anxiety and disappointment. What I have said with respect to the case of the Madawaska settlements, will, I trust, sufficiently prove my disposition to approach such a discussion with the true spirit of conciliation; and I trust you will permit me to express a hope that it will be met with a corresponding feeling. Before concluding, I wish to add a few words respecting the line of the St. John to one of its sources, and the navigation for certain purposes of that river. It may be true that the district between the St. John and the highlands west of the St. Franeis may be of some extent; but your own surveyors will confirm to you that it is of very little value either for cultivation or timber. Is it reasonable that, in the division of an object in dispute, its intrinsic value should be wholly disregarded, and its size or extent be alone considered? I would further suggest for your consideration, whether, supposing the division by the King of the Netherlands to be admitted to satisfy fairly the equity of the case between the parties, what is proposed to be added by Great Britain, viz. the strip on the 45th parallel of latitude, and the use of the navigation of the St. John, be not an ample compensation for what we ask in return, viz. that barren strip above the upper St. John, which is wanted for no other purpose than as a boundary; for which purpose it is admitted on all sides to be most convenient. The right to use the St. John for floating down the lumber of Maine on the same terms as the river is used by the Queen's subjects, is now treated as a matter of light importance. This is not uncommon when a concession of any kind is about to be yielded; but I beg to remind you that this was not formerly so considered. It has been repeatedly solicited, and invariably refused; and no minister of Great Britain has before been permitted to connect this concession with the settlement of the boundary. It is considered by my Government as a very important concession. I am sure that it must be considered by all persons in Maine connected with the lumber trade, as not only valuable, but indispensable; and I am compelled to add, that I am empowered to allow this privilege only in the event of a settlement of the boundary on satisfactory terms. It is said, in the memorandum of the Maine commissioners, that this conceded navigation will be as useful to the town of St. John as to the lumberers of Maine; but it will not escape you that, even if this be so, it is a concession necessary to give any valne whatever to so bulky an article as lumber, which, being not otherwise disposable, would bear any reasonable toll which the provincial authori ties of New Brunswick might think it expedient to levy upon it. Further, it should not be forgotten that the timber, once at the mouth of the St. John, will have the privilege of reaching the British as well as other markets; and, lastly, that it is a very different thing to hold a privilege of this important description by right, or by mere sufferance, to be granted or withheld at pleasure. I have to apologize for entering into these details in treating of the great question with which we are occupied, but they seemed called for by observations contained in the paper you sent me. I beg, sir, you will be assured of my unfeigned and distinguished consideration. ASHBURTON. Hon. DANIEL WEBSTER, &c., &c., &c. Lord Ashburton to Mr. Webster. WASHINGTON, July 16, 1842. SIR: There is a further question of disputed boundary between Great Britain and the United States, called the Northwest boundary, about which we have had some conferences; and I now proceed to state the terms which I am ready to agree to for the settlement of this difference. As the principal object in dispute is to be given up by Great Britain, I trust, sir, that you will here again recognise the spirit of friendly conciliation which has guided my Government in disposing of these questions. I have already sufficiently discussed with you the boundaries between her Majesty's provinces and the United States, from the monument at the head of the river St. Croix to the monument on the river St. Lawrence, near the village of St. Regis. The commissioners under the sixth article of the treaty of Ghent succeeded in continuing this poundary from St. Regis, through the St. Lawrence and the great Northern lakes, up to a point in the channel between Lake Huron and Lake Superior. A further continuation of this boundary, from this point, through Lake Superior, to the Lake of the Woods, was confided to the same commissioners, under the seventh article of the treaty of Ghent; but they were, unfortunately, unable to agree, and have consequently left this portion of the boundary undetermined. Its final settlement has been much desired by both Governments, and urgently pressed by communications from Mr. Secretary Forsyth to Mr. Fox, in 1839 and 1840. What I have now to propose cannot, I feel assured, be otherwise than satisfactory for this purpose. The commissioners who failed in their endeavors to make this settlement differed on two points: First, as to the appropriation of an island called St. George's island, lying in the water communication between Lake Huron and Lake Superior; and, Secondly, as to the boundary through the water communications from Lake Superior to the Lake of the Woods. The first point I am ready to give up to you, and you are, no doubt, aware that it is the only object of any real value in this controversy. The island of St. George's is reported to contain 25,920 acres of very fertile land; but, the other things connected with these boundaries being satisfactorily arranged, a line shall be drawn so as to throw this island within the limits of the United States. In considering the second point, it really appears of little importance to either party how the line be determined through the wild country between Lake Superior and the Lake of the Woods, but it is important that some line should be fixed and known. The American commissioner asked for the line from Lake Superior, up the river Kamanastiguia, to the lake called Dog lake, which he supposed to be the same as that called Long lake in the treaties; thence through Sturgeon lake to the Lac la Pluie, to that point where the two lines assumed by the commissioners again meet. The British commissioner, on the other hand, contended for a line from the southwestern extremity, at a point called le Fond du Lac, to the middle of the mouth of the estuary or lake of St. Louis river; thence up that river, through Vermilion river, to Lac la Pluie. Attempts were made to compromise these differences; but they failed, apparently more from neither party being willing to give up the island of St. George's, than from much importance being at tached to any other part of the case. Upon the line from Lake Superior to the Lake of the Woods, both commissioner agreed to abandon their respective claims, and to adopt a middle course, for which the American commissioner admitted that there was some ground of preference. This was from Pigeon river, a point between Kamanastiguia and the Fond du Lac; and although there were differences as to the precise point near the mouth of Pigeon river, where the line should begin, neither party seemed to have attached much importance to this part of the subject. I would propose that the line be taken from a point about six miles south of Pigeon river, where the grand portage commences on the lake, and continued along the line of said portage, alternately by land and water, to Lac la Pluie-the existing route by land and by water remaining common to both parties. This line has the advantage of being known, and attended with no doubt or uncertainty in running it. In making the important concession, on this boundary, of the Isle of St. George, I must attach a condition to it of accommodation, which experience has proved to be necessary in the navigation of the great waters which bound the two countriesan accommodation which can, I apprehend, be no possible inconvenience to either. This was asked by the British commissioner, in the course of the attempts of compromise above alluded to; but nothing was done, because he was not then prepared, as I am now, to yield the property and sovereignty of St. George's island. The first of these two cases is at the head of Lake St. Clair, where the river of that name empties into it from Lake Huron. It is represented, that the channel bordering the United States coast in this part is not only the best for navigation, but, with some winds, is the only serviceable passage, I do not know that, under such circumstances, the passage of a British vessel would be refused; but, on a final settlement of boundaries, it is desirable to stipulate for what the commissioners would probably have settled, had the facts been known to them. The other case, of nearly the same description, occurs on the St. Lawrence, some miles above the boundary at St. Regis. In distributing the islands of the river by the commissioners, Barnhart's island and the Long Sault islands were assigned to America. This part of the river has very formidable rapids; and the only safe passage is on the southern or American side, between those islands and the main land. We want a clause in our present treaty to say that for a short distance, viz: from the upper end of upper Long Sault island to the lower end of Barnhart's island, the several channels of the river shall be used in common by the boatmen of the two countries. I am not aware that these very reasonable demands are likely to meet with any objection; especially where the United States will have surrendered to them all that is essential in the boundary 1 have now to propose to you. I beg you will be assured, sir, of my unfeigned and distinguished consideration. Hon. DANIEL WEESTER, &c., &c., &c. ASHBURTON. Mr. Webster to Lord Ashburton. Washington, July 27, 1842. My LORD: I have now to propose to your Lordship a line of division, embracing the disputed portions of the boundary between the United States and the British provinces of New Brunswick and the Canadas, with its considerations and equivalents, such as conforms, I believe, in substance, to the result of the many conferences and discussions which have taken place between us. The acknowledged territories of the United States and England join upon each other from the Atlantic ocean to the eastern foot of the Rocky mountains-a distance of more than three thousand miles. From the ocean to the source of the St. Croix, the line of division has been ascertained and fixed by agreement; from the source of the St. Croix to a point near St. Regis, on the river St. Lawrence, it may be considered as unsettled, or controverted; from this last-mentioned point, along the St. Lawrence, and through the lakes, it is settled, until it reaches the water communication between Lake Huron and Lake Superior. At this point the commissioners under the 7th article of the treaty of Ghent found a subject of disagreement which they could not overcome, in deciding up which branch or channel the line should proceed, till it should reach a point in the middle of St. Mary's river, about one mile above St. George's, or Sugar island. From the middle of the water communication between the two lakes, at the point last mentioned, the commissioners extended the line through the remaining part of that water communication, and across Lake Superior, to a point north of le Royale; but they could not agree in what direction the line should run from this last-mentioned point, nor where it should leave Lake Superior, nor how it should be extended to the Rainy Lake, or Lac la Pluie. From this last-mentioned lake, they agreed on the line to the northwesternmost point of the Lake of the Woods, which they found to be in latitude 49 deg. 23 min. 55 sec. The line extends, according to existing treaties, due south from this point to the 49th parallel of north latitude, and by that parallel to the Rocky mountains. Not being able to agree upon the whole line, the commissioners under the 7th article did not make any joint report to their respective Governments. So far asthey agreed on any part of the line, that part has been considered settled; but it may be well to give validity to these portions of the line by a treaty. To complete the boundary line, therefore, and to remove all doubts and disputes, it is necessary for the two Governments to come to an agreement on three points: 1st. What shall be the line on the northeastern and northern limits of the United States, from the St. Croix to the St. Lawrence. This is by far the most important and difficult of the subjects, and involves the principal questions of equivalents and compensations. 2d. What shall be the course of the boundary from the point where the commissioners under the 6th article of the treaty of Ghent terminated their labors to wit: a point in the Neebish channel, near Muddy lake, in the water communication between Lake Huron and Lake Superior, to a point in the middle of St. Mary's river, one mile above Sugar island. This question is important, as it involves the ownership of that island. 3d. What shall be the line from the point north of Ile Royale, in Lake Superior, to which the commissioners of the two Governments arrived, by agreement, to the Rainy Lake; and also to confirm those parts of the line to which the said commissioners agreed. Besides agreeing upon the line of division through these controverted portions of the boundary, you have suggested also, as the proposed settlement proceeds upon the ground of compromise and equiv alents, that boats belonging to her Majesty's subjects may pass the falls of the Long Sault in the St. Lawrence, on either side of the Long Sault islands; and that the passage between the islands lying at or near the junction of the river St. Clair, with the lake of that name, shall be severally free and open to the vessels of both countries. There appears no reasonable objection to what is requested in these particulars; and on the part of the United States it is desirable that their vessels, proceeding from Lake Erie into the Detroit river, should have the privilege of passing between Bois Blanc, an island belonging to England, and the Canadian shore-the deeper and better channel being on that side. The line, then, now proposed to be agreed to, may be thus described: Beginning at the monument at the source of the river St. Croix, as designated and agreed to by the commissioners under the fifth article of the treaty of 1794, between the Governments of the United States and Great Britain; thence, north, following the exploring line run and marked by the surveyors of the two Governments in the years 1817 and 1818, under the fifth article of the treaty of Ghent, to its intersection with the river St. John, and to the middle of the channel thereof; thence, up the middle of the main channel of the said river St. John, to the mouth of the river St. Francis; thence, up the middle of the channel of the said river St. Francis, and of the lakes through which it flows, to the outlet of the Lake Pohenagamook; thence, southwesterly, in a straight line, to a point on the northwest branch of the river St. John, which point shall be ten miles distant from the main branch of the St. John, in a straight line, and in the nearest direction; but if the said point shall be found to be less than seven miles from the nearest point of the summit or crest of the highlands that divide those rivers which empty themselves into the river St. Lawrence from those which fall into the river St. John, then the said point shall be made to recede down the said river to a point seven miles, in a straight line, from the said summit or crest; thence, in a straight line, in a course about south eight degrees west, to the point where the parallel of latitude of 46 deg. 25 min north intersects the southwest branch of the St. John; thence, southerly, by the said branch, to the source thereof in the highlands at the Metjarmette portage; thence, down along the said highlands which divide the waters which empty themselves into the river St. Lawrence from those which fall into the Atlantic ocean, to the head of Hall's stream; thence, down the middle of said stream, till the line thus run intersects the old line of boundary surveyed and marked by Valentine and Collins previously to the year 1774 as the fortyfifth degree of north latitude, and which has been known and understood to be the line of actual division between the States of New York and Vermont, on one side, and the British province of Canada on the other; and from said point of intersection, west, along the said dividing line, as heretofore known and understood, to the Iroquois or St. Lawrence river; and from the place where the joint commissioners terminated their labors, under the sixth article of the treaty of Ghent, to wit: at a point in the Neebish channel, near Muddy lake, the fine shall run into and along the ship channel between St. Joseph's and St. Tammany islands, to the division of the channel at or near the head of St. Joseph's island; thence, turning eastwardly and northwardly, around the lower end of St. George's, or Sugar island, and following the middle of the channel which divides St. George's from St. Joseph's island; thence, up the east Neebish channel, nearest to St. George's island, through the middle of Lake George; thence, west of Jonas island, into St. Mary's river, to a point in the middle of that river, about one mile above St. George's, or Sugar island, so as to appropriate and assign the said island to the United States; thence, adopting the line traced on the maps by the commissioners, through the river St. Mary and Lake Superior, to a point north of Ile Royale, in said lake, one hundred yards to the north and east of Ile Chapeau, which lastmentioned island lies near the northeastern point of Ile Royale, where the line marked by the commissioners terminates; and from the last-mentioned point, southwesterly, through the middle of the sound between Ile Royale and the northwestern main land, to the mouth of Pigeon river; and up the said river, to and through the north and south Fowl lakes, to the lakes of the height of land between Lake Superior and the Lake of the Woods; thence, along the water communication, to Lake Saisaginaga, and through that lake; thence, to and through Cypress lake, Lac du Bois Blanc, Lac la Croix, Little Vermillion lake, and Lake Namecan, and through the several smaller lakes, straits, or streams, connecting the lakes here mentioned to that point in Lac la Pluie, or Rainy Lake, at the Chaudiere falls, from which the commissioners traced the line, to the most northwestern point of the Lake of the Woods; thence, along the said line, to the said most northwestern point, being in latitude 49 deg. 23 min. 55 sec. north, and in longitude 95 deg. 14 min. 38 sec. west from the observatory at Greenwich; thence, according to existing treaties, the line extends due south to its intersection with the forty-ninth parallel of north latitude, and along that parallel to the Rocky mountains. It being understood that all the water communications, and all the usual portages along the line from Lake Supe rior to the Lake of the Woods, and also Grand portage, from the shore of Lake Superior to the Lake of the Woods, and also Grand portage, froin the shore of Lake Superior to the Pigeon river, as now actually used, shall be free and open to the use of the subjects and citizens of both countries. It is desirable to follow the description and the exact line of the original treaty as far as practicable. There is reason to think that "Long lake," mentioned in the treaty of 1783, meant merely the estuary of the Pigeon river, as no lake called "Long lake," or any other water strictly conforming to the idea of a lake, is found in that quarter. This opinion is strengthened by the fact that the words of the treaty would seem to imply that the water intended as "Long lake" was immediately joining Lake Superior. In one respect, an exact compliance with the words of the treaty is not practicable. There is no continuous water communication between Lake Superior and the Lake of the Woods, as the Lake of the Woods is known to discharge its waters through the Red river of the north into Hudson's Bay. The dividing height or ridge between the eastern sources of the tributaries of the Lake of the Woods, and the western sources of Pigeon river, appears, by authentic maps, to be distant about forty miles from the mouth of Pigeon river, on the shore of Lake Superior. It is not improbable that, in the imperfection of knowledge which then existed of those remote countries, and perhaps misled by Mitchell's map, the negotiators of the treaty of 1783 supposed the Lake of the Woods to discharge its waters into Lake Superior. The broken and difficult nature of the water communication from Lake Superior to the Lake of the Woods renders numerous portages necessary; and it is right that these water communications and these portages should make a common highway, where necessary, for the use of the subjects and citizens of both Governments. When the proposed line shall be properly described in the treaty, the grant by England of the right to use the waters of the river St. John for the purpose of transporting to the mouth of that river all the timber and agricultural products raised in Maine, on the waters of the St. John, or any of its tributaries, without subjection to any discriminating toll, duty, or disability, is to be inserted. Provision should also be made for quieting and confirming the titles of all persons having claims to lands on either side of the line, whether such titles be perfect or inchoate only, and to the same extent in which they would have been confirmed by their respective Governments had no change taken place. What has been agreed to, also, in respect to the common use of certain passages in the rivers and lakes, as already stated, must be made matter of regular stipulation. Your Lordship is also informed, by the correspondence which formerly ook place between the two Governments, that there is a fund arising from the sale of timber, concerning which fund an understanding was had some years ago. It will be expedient to provide by the treaty that this arrangement shall be carried into effect. A proper article will be necessary to provide for the creation of a commission to run and mark some parts of the line between Maine and the British provinces. These several objects appear to me to embrace all respecting the boundary line and its equivalents, which the treaty needs to contain, as matters of stipulation between the United States and England. I have the honor to be, with high consideration, your Lordship's most obedient servant. DANIEL WEBSTER. Lord ASHBURTON, &c., &c., &c. Lord Ashburton to Mr. Webster. WASHINGTON, July 29, 1842. SIR: I have attentively considered the statements contained in the letter you did me the honor of addressing me on the 27th of this month, of the terms agreed to for the settlement of boundaries between her Majesty's provinces and the United States; being the final result of the many conferences we have had on this subject. This settlement appears substantially correct in all its parts; and we may now proceed, without further delay, to draw up the treaty. Several of the articles for this purpose are already prepared and agreed, and our most convenient course will be to take and consider them singly. I would beg leave to recommend that, as we have excellent charts of the country through which the boundary, which failed of being settled by the commissioners under the seventh article of the treaty of Ghent, is partially marked, it would be advisable to make good the delineation on those charts, which would spare to both parties the unnecessary expense of new commissioners and a new survey. In this case, the only commission required would be to run the line on the boundary of Maine. The stipulations for the greater facility of the navigation of the river St. Lawrence, and of two passages between the upper lakes, appear evidently desirable for general accommodation; and I cannot refuse the reciprocal claim made by you to render common the passage from Lake Erie into the Detroit river, This must be done by declaring the several passages in those parts free to both parties. I should remark, also, that the free use of the navigation of the Long Sault passage, on the St. Lawrence, must be extended to below Barnhart's island, for the purpose of clearing those rapids. I beg leave to repeat to you, sir, the assurances of my most distinguished consideration. ASHBURTON. Hon. DANIEL WEBSTER, &C., &c., &c. Lord Ashburton to Mr. Webster. WASHINGTON, Aug. 9, 1842. SIR: It appears desirable that some explanation between us should be recorded by correspondence respecting the fifth article of the treaty signed by us this day, for the settlement of boundaries between Great Britain and the United States. By that article of the treaty, it is stipulated that certain payments shall be made by the Government of the United States to the States of Maine and Massachusetts. It has of course been understood that my negotiations have been with the Government of the United States; and the introduction of terms of agreement between the General Government and the States would have been irregular and inadmissible, if it had not been deemed expedient to bring the whole of these transactions within the purview of the treaty. There may not be wanting analogous cases to justify this proceeding; but it seems proper that I should have confirmed by you, that my Government incurs no responsibility for these engagements, of the precise nature and object of which I am uninformed, nor have 1 considered it necessary to make inquiry concerning them. I beg, sir, to renew to you the assurances of my high consideration. ASHBURTON. Hon. DANIEL WEBSTER, &C., &c., &c. DEPARTMENT OF STATE, Washington, August 9, 1842. MY LORD: I have the honor to acknowledge the receipt of your note of the 9th of August, with respect to the object and intention of the fifth article of the treaty. What you say in regard to that subject is quite correct. It purports to contain no stipulation on the part of Great Britain; nor is any responsibility supposed to be incurred by it, on the part of your Government. I renew, my Lord, the assurances of my distinguished consideration. DANIEL WEBSTER. Lord ASHBURTON, &C., &c., &c. CORRESPONDENCE WITH STATE AUTHORITIES. NORTH EASTERN BOUNDARY, Secretary of State of Massachusells to the President. COMMONWEALTH OF MASSACHUSETTS, Secretary's Department, March 18, 1842. SIR: By direction of his excellency the Governor, have the honor to transmit to you an official copy of certain resolutions passed at the late session of the Legislature of this State. With the highest respect, JOHN P. BIGELOW, His Excellency JOHN TYLER, President of the United States. COMMONWEALTH OF MASSACHUSETTS. IN THE YEAR ONE THOUSAND EIGHT HUNDRED AND FORTY-TWO. Resolves concerning the Northeastern boundary of the United States. Resolved, That the boundary line between the State of Maine and the British province of New Brunswick is so clearly defined by the treaty of 1783, that the terms of the treaty can neither be misapprehended, nor afford any support to the unjust pretensions of Great Britain. Resolved, That this Commonwealth, as a joint proprietor with the State of Maine of the territory alleged to be in dispute, has an interest in all negotiations respecting the same, which demands her watchful attention, that her rights and interest may be preserved unimpaired and unchanged with out her assent. Resolved, That the Governor, with the advice and consent of the Council, be authorized and requested, from time to time, to adopt such measures, to secure the rights and interests of the Commonwealth in said territory, and to produce an honorable and satisfactory adjustment, as the emergency may demand. Resolved, That no compromise which concedes any territory west of the treaty line of 1783 can be constitutionally made without the assent of Maine and Massachusetts; and that, as they are co-proprietors of the soil, this Commonwealth will cheerfully co-operate with Maine in support of their mutual interests and rights. Resolved, That the Governor be requested to transmit a copy of these resolutions to the President of the United States, and to the Governor of the State of Maine. A true copy. Attest: JOHN DAVIS. JOHN P. BIGELOW, Mr. Webster to Gov. Fairfield.* DEPARTMENT OF STATE, Washington, 11th April, 1842. Your excellency is aware that, previous to March, 1841, a negotiation had been going on for some time between the Secretary of State of the United States, under the direction of the President, and the British minister accredited to this Government, having for its object the creation of joint commission for settling the controversy respecting the Northeast 'Same, mutatis mutandis, to the Governor of Mass ichu setts. ern boundary of the United States, with a provision for an ultimate reference to arbitrators, to be appointed by some of the sovereigns of Europe, in case an arbitration should become necessary. On the leading features of a convention for this purpose, the two Governments were agreed; but, on several matters of detail, the parties differed, and appear to have been interchanging their respective views and opinions, projects and counter-projects, without coming to a final arrangement, down to August, 1840. Various causes, not now necessary to be explained, arrested the progress of the negotiation at that time, and no considerable advance has since been made in it. It seems to have been understood on both sides, that, one arbitration having failed, it was the duty of the two parties to proceed to institute another, according to the spirit of the treaty of Ghent and other treaties; and the President has felt it to be his duty, unless some new course should be proposed, to cause the negotiation to be resumed, and pressed to its conclusion. But I have now to inform your excellency that Lord Ashburton, a mini ter plenipotentiary and special, has arrived at the seat of Government of the United States, charged with full powers from his sovereign to negotiate and settle the different matters in discussion between the two Governments. I have further to state to you, that he has officially announced to this department that, in regard to the boundary question, he has authority to treat for a conventional line, or line by agreement, on such terms and conditions, and with such mutual considerations and equivalents, as may be thought just and equitable; and that he is ready to enter on a negotiation for such conventional line, so soon as this Government shall say that it is authorized and ready, on its part, to commence such negotiation. ex Under these circumstances, the President has felt it to be his duty to call the serious attention of the Governments of Maine and Massachusetts to the subject, and to submit to those Governments the propriety of their co-operation, to a certain tent, and in a certain form, in an endeavor to terminate a controversy already of so long duration, and which seems very likely to be still considerably further protracted before the desired end of a final adjustment shall be attained, unless a shorter course of arriving at that end be adopted than such as has heretofore been pursued, and as the two Governments are still pursuing. Yet, without the concurrence of the two States whose rights are more immediately concerned, (both having an interest in the soil, and one of them in the jurisdiction and government,) the duty of this Government will be to adopt no new course, but, in compliance with treaty stipulations, and in furtherance of what has already been done, to hasten the pending negotiations as fast as possible. to But the President thinks it a highly desirable object to prevent the delays necessarily incident to any settlement of the question by these means. Such delays are great and unavoidable. It has been found that an exploration and examination of the several lines constitute a work of three years. The existing commission for making such exploration, under the authority of the United States, has been occupied two summers, and a very considerable portion of the work remains still to be done. If a joint commission should be appointed, and should go through the same work, and the commissioners should disagree, (as is very possible,) and an arbitration on that account become indis pensable, the arbitrators might find it necessary to make an exploration and survey themselves, or cause the same to be done by others of their own appointment. If to these causes, operating to postpone the final decision, be added the time necessary to appoint arbitrators, and for their preparation to leave Europe for the service, and the various retarding incidents always attending such operations, seven or eight years constitute, perhaps, the shortest period within which we can look for a final result. In the meantime, great expenses have been incurred, and further expenses cannot be avoided. It is well known that the controversy has brought heavy charges upon Maine herself, to the remuneration or proper settlement of which she cannot be expected to be indifferent. The exploration by the Government of the United States has already cost a hundred thousand dollars, and the charge of another summer's work is in prospect. These facts may be sufficient to form a probable estimate of the whole expense likely to be incurred before the controversy can be settled by arbitration; and our experience admonishes us that even another arbitration might possibly fail. The opinion of this Government upon the justice and validity of the American claim has been expressed at so many times, and in so many forms, that a repetition of that opinion is not necessary. But the subject is a subject in dispute. The Government has agreed to make it matter of reference and arbitration; and it must fulfil that agreement, unless another mode for settling the controversy should be resorted to, with the hope of producing a speedier decision. The President proposes, then, that the Governments of Maine and Massachusetts should severally appoint a commissioner or commissioners, empowered to confer with the authorities of this Government upon a conventional line, or line by agreement, with its terms, conditions, considerations, and equivalents, with an understanding that no such line will be agreed upon without the assent of such commissioners. This mode of proceeding, or some other which shall express assent beforehand, seems indispensable, if any negotiation for a conventional line is to be had; since, if happily a treaty should be the result of the negotiation, it can only be submitted to the Senate of the United States for ratification. It is a subject of deep and sincere regret to the President, that the British plenipotentiary did not arrive in the country and make known his powers in time to bave made this communication before the annual session of the Legislatures of the two States had been brought to a close. He perceives and laments the inconvenience which may be experienced from reassembling those Legislatures. But the British mission is a special one; it does not supersede the resident mission of the British Government at Washington, and its stay in the United States is not expected to be long. In addition to these considerations, it is to be suggested that more than four months of the session of Congress have already passed; and it is highly desirable, if any treaty for a conventional line should be agreed on, it should be concluded before the session shall terminate, not only because of the necessity of the ratification of the Senate, but also because it is not impossible that measures may be thought advisable, or become important, which can only be accomplished by the authority of both Houses. These considerations, in addition to the importance of the subject, and a firm conviction in the mind of the President that the interests of both countries, as well as the interests of the two States more immediately concerned, require a prompt effort to bring this dispute to an end, constrain him to express an earnest hope that your excellency will convene the Legislature of Maine, and submit the subject to its grave and candid deliberation. I am, &c., Governor of Maine. Governor Davis to Mr. Webster. Worcester, Mass., April 17, 1843. SIR: I have the honor to acknowledge the recep tion of your official communication announcing the arrival of Lord Ashburton, as a special envoy from her Majesty the Queen of the United Kingdoms, vested with full authority to adjust, by a conventional line, the Northeastern boundary of the United States. It will be highly satisfactory to the people of this Commonwealth to learn that no attempt is to be made to establish a line by compromise, without their assent; but if such a line can be agreed upon for a satisfactory equivalent, which should leave all the parties interested at peace, and terminate the controversy, I have no doubt it would meet with the approbation of the people of this State. No opinion can, with safety, be formed upon any such proposition, till it is submitted in its details, and fully understood. That the parties may all have full opportunity to act with deliberation, the desire of the President is, that the Legislatures of Massachusetts and Maine should be assembled, to make suitable provisions for the appointment of commissioners to take charge of their respective interests at Washington, during the negotiation between the United States and Great Britain. Anticipating the contingency which has occurred, I invited the attention of the Legislature to the subject while in session, and suggested the expediency of legislation which should provide for it. In pursuance of that suggestion, certain joint resolutions were passed and approved, which have been forwarded to the President, which appear to me to confer all the authority necessary, and were undoubtedly designed by the Legislature to meet this emergency. This wise provision will, I trust, supersede all occasion for reassembling the Legislature, as the Governor and Council have authority to act in the matter in any way that the interests and honor of the Commonwealth demand. There will be a meeting of the Council, by appointment, on the 25th of May, which, if Maine can only move after legislation is had, will be sufficiently seasonable for all practicable purposes, when the subject will be laid before them, and there can be little doubt that they will acquiesce in the propriety of sending a commissioner to represent the State in a matter of such decided importance. If this movement on the part of Great Britain is indicative, as it seems to me it is, of a settled purpose to close the controversy, and she is prepared to give satisfactory equivalents for the concession of territory sufficient to answer her purposes, then the division of such an equivalent or equivalents between Maine and Massachusetts will become an important question; but it should in no particular be left for future discussion or decision, by Congress or any other body, but should be definitively adjusted in the general arrangement, that each State may know the exact measure of its rights. You will learn, also, from these resolutions, the disposition of the State to bring this question to an issue, in any manner consistent with her honor, interest, and dignity. The opinions conveyed in them, as far as I know, were unanimous, and indicate the tone of public sentiment. The people of Massachusetts are not disposed to yield anything to unjust pretension. Not a particle of doubt is entertained, by any one, that the treaty line of 1783 may be as certainly identified as Mar's Hill; and the northwest angle of Nova Scotia as certainly established by the description in the treaty, as the meridian of Quebec. We all feel that no doubt can exist that there are highlands which divide the waters that flow into the St. Lawrence and the sea; and that a line due north can be run from the monument to the dividing summit. These are matters that no one can feel any hesitation about, and hence there is but one opinion in Massachusetts. While, therefore, we cannot listen to a claim upon what we know to be our own, we can, in the spirit of peace and accommodation, yield something to the convenience of a neighbor, by agreement. This is, without shade of coloring, the sentiment of Massachusetts. She will, on honorable terms, concede something to the convenience and necessity of Great Britain; but nothing-not a rood of barren heath or rock-to unfounded claims. If an earlier day than the 25th of May shall prove desirable, the Council can be summoned. I have the honor to be your obedient servant, To the SECRETARY OF STATE. Mr. Webster to Gov. Davis. DEPARTMENT OF STATE, Washington, April 16, 1842. SIR: I have the honor to acknowledge the receipt, from your Excellency, of certain resolves concerning the Northeastern boundary of the United States, passed by the Legislature of Massachusetts on the 3d day of March last. As those resolves appear to recognise the propriety of endeavoring to fix upon a line by compromise, with the assent of Maine and Massachusetts; and as they authorize your Excellency, with advice of Council, to adopt such measures to secure the rights and interests of the Commonwealth of Massachusetts as the emergency may demand, it appears to me that they are a sufficient warrant for such proceedings as you may see fit to adopt, in order to gain the assent of the Commonwealth to any line of boundary which may be just and equitable, and upon which the parties may be likely to agree. If your Excellency should take this view of the subject, a call of the Legislature would of course be unnecessary. I have the honor to be, &c., your favor of the 16th instant, by which it appears the resolutions of the Legislature of this Commonwealth have reached you. These resolves, respecting the Northeastern boundary, were adopted to meet the contingency which has occurred, and to avoid any necessity for reassembling the Legislature on this account. As soon as it became certain that a special envoy was to be despatched hither by the Queen of the United Kingdoms, it was apparent to me that he would be authorized to propose a conventional line, as this is manifestly the only alternative short of acceding to the treaty line of 1783. When the subject was brought to the attention of the Legislature, it seemed to entertain similar views, and with great harmony of opinion provided, as well as the state of things, which was then wholly conjectural, would enable them. The Council will meet on the 25th of May for the regular despatch of business, when their attention will be invited to the expediency of consenting to the appointment of an agent or agents to represent the State. I have the honor to be, Your obedient servant, J. DAVIS. The SECRETARY OF STATE for the United States. The Governor of Maine to the President. Augusta, May 27, 1842. SIR: I have the honor to enclose a copy of preamble and resolutions adopted by the Legislature of this State, relating to the subject of the northern and northeastern boundaries of Maine; and also to inform you that the Hon. Edward Kavanagh, Hon. Edward Kent, Hon. William H. Preble, and Hon. John Otis, have been elected commissioners under said resolves. Most respectfully, Your obedient servant, His Excellency JOHN TYLER, STATE OF MAINE. The joint select committee of both houses of the Legislature, to which was referred the Governor's message of the 18th instant, with the accompanying communication from the Secretary of State of the United States, have had the same under consideration, and ask leave to report the following preamble and resolutions. EDWARD KAVANAGH, Chairman. COMMITTEE ROOM, 20th May, 1842. Resolves in relation to the Northeastern boundary of this State. Whereas the preceding Legislatures of this State, in conformity with the well-settled conviction of all the people thereof, and with incontrovertible evidence before them on the subject, have uniformly declared that the boundary of Maine, on its Northern and Northeastern frontiers, as designated in the treaty of 1783, can be laid down and fixed according to the terms of that treaty; and that such line embraces all the territory over which this State claims property, sovereignty, and jurisdiction; and the Executive and Congress of the United States having recognised the validity of that claim in its full extent, this Legislature renews such declarations in the most solemn manner: and Whereas, for a series of years, every attempt to adjust the vexed question in regard to the establishment of said boundary having proved ineffectual, it has been represented to the Government of this State that the minister plenipotentiary and special of her Britannic Majesty at Washington, has officially announced to the Government of the United States that he has authority to treat for a conventional line, or line by agreement, on such terms and conditions, and with such considerations and equiv alents, as may be thought just and equitable; and that he is ready to enter upon a negotiation for such conventional line as soon as the Government of the United States shall say that it is authorized and ready, on its part, to commence such negotiation: and Whereas the Government of the United States, not possessing the constitutional power to conclude any such negotiation without the assent of Maine, has invited the Government of this State to cooperate to a certain extent, and in a certain form, in an endeavor to terminate a controversy of so long duration: Now, considering the premises, and believing that the people of this State, after having already manifested a forbearance honorable to their character, under long-continued violations of their rights by a foreign nation; and, though not disposed to yield to unfounded pretensions, are still willing, in regard to the proposal now made to the General Governiment to give additional evidence to their fellowcitizens, throughout the United States, of their desire to preserve the peace of this Union, by taking measures to discuss and conclude, if possible, the subject in controversy in a manner that will secure the honor and interests of the State, this Legislature adopts the following resolutions-with the understanding, however, that in the event of a failure in such endeavor towards an arrangement, no proceedings thereunder shall be so construed as to prejudice in any manner the rights of the State as they have been herein asserted to exist: Resolved, That there shall be chosen, by ballot, in convention of both branches of the Legislature, four persons, who are hereby constituted and appointed commissioners, on the part of this State, to repair to the seat of Government of the United States, and to confer with the authorities of that Government touching a conventional line, or line by agreement, between the State of Maine and the British provinces, having regard to the line designated by the treaty of 1783, as uniformly claimed by this State, and to the declarations and views expressed in the foregoing preamble, and to give the assent of this State to any such conventional line, with such terms, conditions, considerations, and equivalents, as they shall deem consistent with the honor and interests of the State; with the understanding that no such line be agreed upon without the unanimous assent of such commissioners. Resolved, That this State cannot regard the relinquishment by the British Government of any claim heretofore advanced by it to territory included within the limits of the line of this State as designated by the treaty of 1783, and uniformly claimed by Maine, as a consideration or equivalent within the meaning of these resolutions. Resolved, That the said commissioners be furnished by the Governor with evidence of their appointment, under the seal of the State. Resolved, That the Governor, by and with the advice and consent of the Council, have power to fill any vacancy that may occur in said commission, by death, resignation, or otherwise. Resolved, That the said commissioners make return of their doings herein to the Governor, to be by him presented to the Legislature at its next The Maine Commissioners to Mr. Webster. The commissioners of Maine, on the subject of the Northeastern boundary, present their respectful compliments to the honorable Mr. Webster, Secretary of State of the United States, and beg leave to inform him that they are now in this city, ready to enter upon the business intrusted to them. They also avail themselves of the occasion to request him to name the time and place when and where it would suit the convenience of the Secretary of State to receive them. Mr. Webster to the Maine Commissioners. PRESIDENT'S SQUARE, June 12, 1842. Mr. Webster has the honor to acknowledge the receipt of the note of the commissioners of Maine, announcing their arrival, and their readiness to enter on the business of their appointment. Mr. W. will have great pleasure in receiving the commissioners at the Department of State, on Monday, at 1 o'clock. Commissioners of Massachusells to Mr. Webster. WASHINGTON, June 13, 1842. SIR: The undersigned, commissioners appointed by the State of Massachusetts to confer with the Government of the United States upon a conventional line to be established on our Northeastern boundary, are ready to proceed in the execution of their commission whenever the Secretary may signify his wish to meet them. Our colleague (Mr. Allen) will probably be here to-morrow. We have the honor to remain, with the highest respect, your obedient servants, ABBOTT LAWRENCE, Hon. DANIEL WEBSTER, Secretary of State. Mr. Webster to the Commissioners of Massachusetts. DEPARTMENT OF STATE, Washington, June 13, 1842. The undersigned has the honor to acknowledge the receipt of the communication addressed to him this day by Messrs. Lawrence and Mills, commissioners of the Commonwealth of Massachusetts. He will be happy to see these gentlemen at this department at past 1 o'clock, p. m., to-day. DANIEL WEBSTER. Messrs. LAWRENCE and MILLS, Commissioners of the Commonwealth of Massachusetts. The Maine Commissioners to Mr. Webster. WASHINGTON, June 29, 1842. SIR: The undersigned, commissioners of Maine, have given to the letter of Lord Ashburton, addressed to you, under date of the 21st instant, and by you communicated to them, all the consideration which the importance of the subject of which it treats, the views it expresses, and the proposition it submits to you, demand. There are passages in his Lordship's communication, the exact extent of the meaning of which the undersigned are not quite sure that they fully understand. In speaking of the inhabitants on the south side of the St. John, in the Madawaska settlement, he says: "I cannot, in any case, abandon the obvious interest of these people." Again, in speaking of the proposition submitted by him, he remarks: "I have not treated the subject in the ordinary form of a bargain, where the party making the proposal leaves himself something to give up. The case would not admit of this, even if I could bring myself so to act." If his Lordship's meaning is, that the proposed boundary, by agreement or conventional line, between the State of Maine and the Province of New Brunswick, must, at all events, be established on the south side of the St. John, extending from the due-north line to Fish river, and at a distance back from the river, so as to include the Madawaska settlement, and that the adoption of such a line is a sine qua non on the part of the British Government, the commissioners on the part of the State of Maine feel it their duty as distinctly to say that any attempt at an amicable adjustinent of the controversy respecting the Northeastern boundary on that basis, with the consent of Maine, would be entirely fruitless. The people of Maine have a deep settled conviction and the fullest confidence in the justice of their claim, to its utmost extent; yet, being appealed to as a constituent member of the American Union, and called upon, as such, to yield something in a spirit of patriotism for the common good, and to listen, in a spirit of peace, of accommodation, and good neighborhood, to propositions for an amicable settlement of the existing controversy, they have cheerfully and promptly responded to the appeal. Her Governor and Legislature, in good faith, immediately adopted the measures necessary on her part, with a view to relinquish to Great Britain such portion of territory and jurisdiction as might be needed by her for her accommodation, on such terms and for such equivalents as might be mutually satisfactory. Beyond this, nothing more was supposed to be expected or desired. During the negotiations at Ghent, the British commissioners, in a communication to the American commissioners, dated October 8, 1814, distinctly avow that the British Government never required all that portion of Massachusetts intervening between the province of New Brunswick and Quebec should be ceded to Great Britain, but only that small portion of unsettled country which intercepts the communication between Halifax and Quebec. So his Lordship, in his communication, admits that the reasons which have induced the British Government to maintain their rights ("claim") in this controversy are, the establishing a good boundary between our two countries so as to prevent collisions and dispute, and an unobstructed communication and connexion of our colonies with each other." Again: looking, as he says, on the map, for such a boundary, "with reference to the sole object of Great Britain as already described, the line of the St. John, from where the north line from the St. Croix strikes it, up to some one of its sources, seems evidently to suit both parties," &c. Indeed, the portion of territory which Great Britain needs for her accommodation is so perfectly obvious, that no material difference of opinion, it is believed, has ever been expressed on the subject. It is that portion which lies north of the St. John and east of the Madawaska rivers, with a strip of convenient width on the west side of the latter river, and of the lake from which it issues. Sent here, then, under this state of things, and with these views, by the Legislature of Maine, in a spirit of peace and conciliation, her commissioners were surprised and pained to be repelled as it were, in the outset, by such a proposition as his Lordship has submitted to you. On carefully analyzing it, it will be seen that, in addition to all the territory needed by Great Britain for her accommodation, as stated and admitted by her own authorities and agents, it requires that Maine should further yield a valuable territory, of more than fifty miles in extent, lying along the south side of the St. John, extending from the due-north line westerly to Fish river, and so back from the river St. John, as it is understood, to the Eagle lakes, and probably to the Little Madawaska and Aroostook. Speaking of this branch of the proposition, his Lordship treats it merely as "depart ing to this inconsiderable extent from the marked line of the river St. John." His Lordship does not state how much further up the river he contemplates going. His language implies that the distance to Fish river, although over fifty miles, is only an inconsiderable part of the whole extent contemplated. This part of the proposition, then, would seem to imply a relinquishment also, on the part of Maine, of a large portion of her territory north of the St. John and west of the Madawaska rivers. In this view of the case, it is due to the Governor, and Legislature, and people of Maine, to say that they had not expected such a proposition. If they had, nothing is hazarded in saying no commissioners would have been sent here to receive and consider it. And, in this state of things, it becomes a bounden duty, on the part of the undersigned, to say to you, that if the yielding and relinquishing, on the part of the State of Maine, of any portion of territory, however small, on the south side of the St. John, be with her Britannic Majesty's Government a sine qua non to an amicable settlement of the boundary of Maine, the mission of the commissioners of Maine is ended. They came not to throw obstacles in the way to the successful accomplishment of the great work you have on hand-that of consolidating an honorable peace between two great nations; but, on the contrary, they came prepared to yield much, to sacrifice much, on the part of Maine, to the peace of the Union and the interest of her sister States. If the hopes of the people of Maine and of the United States are to be disappointed, it is believed the fault lies not at the door of the Governor or Legislature of Maine, or of her commissioners. At the date of the earliest maps of that country, the river now called the Madawaska had not acquired a distinctive name; and consequently the source of that river was regarded as one of the sources, if not the principal source, of the St. John. On looking at the map, it will at once be seen that the general course of the St. John and Madawaska, from the mouth of the former to the source of the latter, are one and the same. connected with this fact, we find that at least five different maps, published in London in the years 1765, 1769, 1771, 1774, and 1775, place the northwest angle of Nova Scotia on the highlands at the source of that branch of the St. John, then without distinctive appellation, but now known as the Madawaska, As One of the e five is specially quoted in the report of the committee of Congress of the 16th August, 1782, so often referred to in this controversy. In no map of a date prior to the treaty of 1783, it is believed, is the northwest angle of Nova Scotia placed on the highlands at the source of any branch whatever of the St. John, but the Madawaska. Hence the proposition of the American commissioners, in 1782, in discussing the subject of the boundaries of the United States, to begin at the northwest angle of Nova Scotia, on the highlands at the source of the St. John. Respect for the distinguished men who negotiated the treaty of peace of 1783, would induce the undersigned to renew the proposition, so far as regards adopting the Madawaska as a boundary, were it not that, being prepared to yield all that is needed for the accommodation of Great Britain, they are aware that a strip on the west side of that river is necessary to that object. The particular map quoted in the report above mentioned is that of Emanuel Bowen, geographer to the King, published in 1775, in which the Penobscot, and a line drawn from one of its sources, crossing the St. John, to the source of that branch now called the Madawaska, are distinctly laid down as the western boundary of Nova Scotia. So in all the maps which place the northwest angle of Nova Scotia on the highlands at the source of the St. John, those highlands and that source are on the north side of the Walloostook, which is now known to be the main branch of the St. John. The inference or assumption, then, that it was nct the intention of the commissioners who negotiated the treaty of peace that any portion of the valley or waters of the St. John should be included within the limits of the United States, because the American negotiators of that treaty proposed the northwest angle of, Nova Scotia, on the highlands at the source of the St. John, as the place of beginning, in establishing the boundaries of the United States, is, it is believed, wholly unwarranted. The fact, on the contrary, as it seems to the undersigned, disproves any such intention or supposition on the part of the American commissioners. The British commissaries, Messrs. Mildmay and De Cosne, in their reply of the 23d of January, 1753, to the French commissaries, say: "We have sufficiently proved, first, that Acadia (Nova Scotia) has had an inland limit from the earliest times; and, secondly, that that limit has ever been the river St. Lawrence." At that time, then, the British Government contended that the northwest angle of Nova Scotia was formed by the tiver St. Lawrence, as one line, and a line drawn north from the St. Croix to the St. Lawrence as the other; and this is in conformity with the position assigned to it on Mitchell's map and some others. By the grant to Sir William Alexander, the north west angle of Nova Scotia was also placed at the river St. Lawrence, although its precise locality on that river is not determined by the language of the grant. The French commissaries, on their part, contended that the limits of Canada extended on the south side of the St. Lawrence, so as to embrace the territory watered by the rivers that emptied themselves into the river St. Lawrence. "Les pays dont les eaux vont se rendre dans le fleuve St. Laurent." The commissions granted to the Governors of Canada, and all the public documents issued by the authority of the French Government, fully sustain their position. There is no ground, say they, for entertaining a doubt that all the commissions granted by the King, for the government of Canada, were conceived in the same terms. In the splendid Universal Atlas, published at Paris by De Vaugondy & Son, in 1757, there is a map dated 1755, and referred to expressly by the author, who was geographer to the King, as illustrating the dispute between France and Great Britain, in regard to the boundaries of their respective territories. On this map, the dividing ridge, or highlands, is placed where the United States have ever contended it is only to be found; and what is deserving of notice is, that the northwest angle of Nova Scotia is there placed on those highlands, at the head of the lake there called Metaousta; the line separating Nova Scotia from New England being drawn through the centre of that lake, to the source of the St. Croix. The disputes above referred to having led to a war between France and Great Britain, France finally ceded to Great Britain, in February, 1763, Canada, and abandoned all claim to Nova Scotia and the whole territory in controversy between the two powers. On the 7th of October, 1763, his Britannic Majesty issued his proclamation, |