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APPENDIX TO STATE PAPERS
TREATY BETWEEN HER MAJESTY AND THE UNITED STATES OF AMERICA.
Signed at Washington, August 9, 1842.
Whereas certain portions of the two Governments, and the efforts line of boundary between the Bri- made to suppress it, that criminal tish dominions in North America traffic is still prosecuted and carried and the United States of America, on; and whereas Her Majesty the described in the Second Article of Queen of the United Kingdom of the Treaty of Peace of 1783, have Great Britain and Ireland, and the not yet been ascertained and de. United States of America, are determined, notwithstanding the re- termined that, so far as may be in peated attempts which have been their power, it shall be effectually heretofore made for that purpose ; abolished : And whereas it is found and whereas it is now thought to expedient for the better adminisbe for the interest of both parties tration of justice, and the preventhat, avoiding further discussion of tion of crime within the territories their respective rights, arising in and jurisdiction of the two parties, this respect under the said treaty, respectively, that persons committhey should agree on a conven- ing the crimes hereinafter enumetional line in said portions of the rated, and being fugitives from said boundary, such as may be justice, should, under certain cir. convenient to both parties, with cumstances, be reciprocally desuch equivalents and compensations livered up; Her Britannic Maas are deemed just and reasona- jesty, and the United States of ble: and whereas, by the treaty America, having resolved to treat concluded at Ghent on the 24th of on these several subjects, have for December, 1814, between His that purpose appointed their reBritannic Majesty and the United spective plenipotentiaries to negoStates, an article was agreed to tiate and conclude a treaty, that is and inserted, of the following tenor, to say, Her Majesty the Queen of viz. : “ Art. X. Whereas the traffic the United Kingdom of Great Briin slaves is irreconcileable with the tain and Ireland has, on Her part, principles of humanity and justice; appointed the Right Honourable and whereas both His Majesty and Alexander Lord Ashburton, a Peer the United States are desirous of of the said United Kingdom, a continuing their efforts to promote Member of Her Majesty's Most its entire abolition ; it is hereby Honourable Privy Council, and agreed, that both the contracting Her Majesty's Minister Plenipoparties shall use their best endea- tentiary on a special Mission to vours to accomplish so desirable an the United States; and the Presi. object :” and whereas, notwith- dent of the United States has, on standing the laws which have at his part, furnished with full powers various times been passed by the Daniel Webster, Secretary of State
of the United States; who, after about south, eight degrees west, to a reciprocal communication of their the point where the parallel of respective full powers, have agreed latitude of 46° 25' north, interto and signed the following arti- sects the south-west branch of the cles :
St. John's; thence southerly by the ARTICLE I.- It is hereby agreed said branch, to the source thereof and declared, that the line of boun- in the highlands, at the Metjardary shall be as follows:-Begin- mette Portage ; thence down along ing at the monument at the source the said highlands, which divide of the River St. Croix, as desig- the waters which empty themnated and agreed to by the com- selves into the river St. Lawrence, missioners under the Fifth Article from those which fall into the of the treaty of 1794, between the Atlantic Ocean, to the head of Governments of Great Britain and Hall's Stream ; thence down the the United States; thence north, middle of the said stream, till the following the exploring linerun and line thus run intersects the old line marked by the Surveyors of the two of boundary surveyed and marked Governments in the years 1817 by Valentine and Collins previously and 1818, under the Fifth Ar to the year 1774 as the 45th deticle of the treaty of Ghent, to gree of north latitude, and which its intersection with the river St. has been known and understood to John, and to the middle of the be the line of actual division bechannel thereof; thence up the tween the States of New York and middle of the main channel of the Vermont on one side, and the Brisaid river St. John to the mouth of tish province of Canada on the the river St. Francis; thence up other; and from said point of inthe middle of the channel of the tersection west along the said disaid river St. Francis, and of the viding line, as heretofore known lakes through which it flows, to and understood, to the Iroquois, or the outlet of the lake Pohenaga. St. Lawrence river, mook; thence south-westerley, in
ARTICLE II.-It is moreover a straight line, to a point on the agreed, that from the place where north-west branch of the river St. the joint commissioners terminated John, which point shall be ten their labours under the Sixth Armiles distant from the main branch ticle of the treaty of Ghent, to of the St. John, in a straight line wit, at a point in the Neebish and in the nearest direction ; but Channel, near Muddy Lake, the if the said point shall be found to line shall run into and along the be less than seven miles from the ship channel between St. Joseph's nearest point of the summit or crest and St. Tammany Islands, to the of the highlands that divide those division of the channel at or near rivers which empty themselves into the head of St. Joseph's Island ; the river St. Lawrence from those thence turning eastwardly and which fall into the river St. John, northwardly around the lower end then the said point shall be made of St. George's or Sugar Island, to recede down the said north-west and following the middle of the branch of the river St. John, to a channel which divides St. George's point seven miles in a straight line from St. Joseph's Island ; thence from the said summit or crest ; up the east Neebish Channel nearthence in a straight line, in a course est to St. George's Island, through
the middle of Lake George; thence north latitude, and along that parale west of Jonas's Island into St. lel to the Rocky Mountains. It Mary's River, to a point in the being understood that all the water middle of that river about one communications, and all the usual mile above St. George's or Sugar portages along the line from Lake Island, so as to appropriate and Superior to the Lake of the Woods, assign the said island to the United and also Grand Portage from the States; thence adopting the line shore of Lake Superior to the Pigeon traced on the maps by the com River, as now actually used, shall missioners, through the river St. be free and open to the use of the Mary and Lake Superior, to a subjects and citizens of both counpoint north of Ile Royale in said tries. lake, 100 yards to the north and ARTICLE III.-In order to proeast of Ilé Chapeau, which last- mote the interests and encourage mentioned island lies near the the industry of all the inhabitants north-eastern point of Ile Royale, of the countries watered by the where the line marked by the com River St. John and its tributaries, missioners terminates; and from whether living within the province the last-mentioned point south- of New Brunswick, or the State of westerly through the middle of Maine, it is agreed, that where by the sound between Ile Royale and the provisions of the present treaty the north-western main land, to the River St. John is declared to the mouth of Pigeon River, and be the line of boundary, the navi. up the said river to and through gation of the said river shall be the north and south Fowl Lakes, free and open to both parties, and to the lakes of the height of land shall in no way be obstructed by between Lake Superior and the either ; that all the produce of the Lake of the Woods; thence along forest in logs, lumber, timber, the water-communication to Lake boards, staves or shingles, or of Saisaginaga and through that lake; agriculture, not being manufacthence to and through Cypress tured, grown on any of those parts Lake, Lac du Bois Blanc, Lac la of the State of Maine watered by Croix, Little Vermillion Lake, and the River St. John or by its tribuLake Namecan, and through the taries, of which fact reasonable several smaller lakes, straits, or
evidence shall, if required, be prostreams connecting the lakes here duced, shall have free access into mentioned, to that point in Lac la and through the said river and its Pluie, or Rainy Lake, at the Chau- said tributaries, having their source dière Falls, from which the com within the State of Maine, to and missioners traced the line to the from the sea-port at the mouth of most north-western point of the the said River St. John's, and to Lake of the Woods, thence along and round the falls of the said the said line to the said most river, either by boats, rafts, or northern-western point, being in other conveyance; that when within latitude 49° 23' 55" north, and the province of New Brunswick, in longitude 95° 14' 38" west, the said produce shall be dealt with from the observatory at Green as if it were the produce of the wich; thence, according to exist said province ; that in like manner ing treaties, due south to its inter- the inhabitants of the territory of section with the 49th parallel of the upper St. John, determined by
this treaty to belong to Her Bri course of the controversy respecttannic Majesty, shall have free ing the disputed territory on the access to and through the river for north-eastern boundary, their produce, in those parts where monies have been received by the the said river runs wholly through authorities of Her Britannic Mathe State of Maine: provided al- jesty's province of New Brunsways that this agreement shall give wick, with the intention of preno right to either party to interfere venting depredations on the forests with any regulations not inconsist of the said territory, which monies ent with the terms of this treaty, were to be carried to a fund called which the Governments, respect- the “ Disputed Territory Fund," ively, of New Brunswick or of the proceeds whereof it was agreed Maine, may make respecting the should be hereafter paid over to navigation of the said river, where the parties interested, in the proboth banks thereof shall belong to portions to be determined by a the same party
final settlement of boundaries ; it ARTICLE IV.-All grants of land is hereby agreed, that a correct acheretofore made by either party count of all receipts and payments within the limits of the territory on the said fund shall be delivered which by this treaty falls within to the government of the United the dominions of the other party, States within six months after the shall be held valid, ratified, and ratification of this treaty; and the confirmed to the persons in posses. proportion of the amount due sion under such grants, to the thereon to the States of Maine same extent as if such territory and Massachusetts, and any
bonds had by this treaty fallen within or securities appertaining thereto, the dominions of the party by whom shall be paid and delivered over such grants were made ; and all to the government of the United equitable possessory claims, arising States; and the government of the from a possession and improvement United States agrees to receive for of any lot or parcel of land by the the use of, and pay over to the person actually in possession, or States of Maine and Massachusetts by those under whom such person their respective portions of said claims, for more than six years fund; and further, to pay and before the date of this treaty, shall satisfy said States, respectively, for in like manner be deemed valid, all claims for expences incurred and be confirmed and quieted by by them in protecting the said a release to the person entitled heretofore disputed territory, and thereto, of the title to such lot or making a survey thereof in 1838: parcel of land, so described as best thegovernment of the United States to include the improvements made agreeing with the State of Maine thereon ; and in all other respects, and Massachusetts to pay them the the two contracting parties agree further sum of 300,000 dollars, in to deal upon the most liberal prin- equal moieties, on account of their ciples of equity with the settlers assent to the line of boundary deactually dwelling upon the terri- scribed in this treaty, and in consitory falling to them respectively, deration of the conditions and equiwhich has heretofore been in dis- valents received therefore from the pute between them.
Government of Her Britannic Ma. ARTICLE V.Whereas, in the jesty,
ARTICLE VI.-It is furthermore tween the various lands lying near understood and agreed, that for the junction of the River St. Clair the purpose of running and tracing with the lake of that name, shall be those parts of the line between the equally free and open to the ships, source of the St. Croix and the St. vessels, and boats of both parties. Lawrence River, which will re ARTICLE VIII. - The parties quire to be run and ascertained, mutually stipulate, that each shall and for marking the residue of the prepare, equip, and maintain in said line by proper monuments on service on the coast of Africa, a the land, two commissioners shall sufficient and adequate squadron, be appointed, one by Her Bri- or naval force of vessels, of suittannic Majesty, and one by the able numbers and descriptions, to President of the United States, by carry in all not less than eighty and with the advice and consent of guns, to enforce, separately and the senate thereof; and the said respectively, the laws, rights, and commissioners shall meet at Bangor obligations of each of the two in the State of Maine, on the 1st countries for the suppression of the day of May next, or as soon there. slave-trade; the said squadrons to after as may be, and shall proceed be independent of each other, but to mark the line above described the two governments stipulating from the source of the St. Croix nevertheless to give such orders to to the River St. John, and shall the officers commanding their retrace on proper maps the dividing spective forces, as shall enable line along said river, and along the them most effectually to act in River St. Francis to the outlet of concert and co-operation, upon the Lake Pohenagamook; and from mutual consultation, as exigencies the outlet of the said lake they may arise, for the attainment of ascertain, fix, and mark by proper the true object of this Article ; and durable monuments on the copies of all such orders to be comland, the line described in the First municated by each government to Article of this treaty; and the the other respectively. said commissioners shall make to ARTICLE İX. - Whereas, noteach of their respective govern- withstanding all efforts which may ments a joint report or declaration, be made on the coast of Africa under their hands and seals, de- for suppressing the slave-trade, signating such line of boundary, the facilities for carrying on that and shall accompany such report or traffic, and avoiding the vigilance declaration with maps, certified by of cruizers, by the fraudulent use them to be true maps of the new of flags and other means are so boundary.
great, and the temptations for purARTICLE VII. - It is further suing it, while a market can be agreed, that the channels in the found for slaves so strong, as that River St. Lawrence on both sides the desired result may be long of the Long Sault Islands and of delayed, unless all markets be shut Barnhart Island, the channels in against the purchase of African the River Detroit, on both sides of negroes;---the parties to this treaty the Island Bois Blanc, and between agree, that they will unite in all that Island and both the Canadian becoming representations and reand American shores, and all the monstrances with any and all several channels and passages be
powers within whose dominions