to their respective governments stating the points on which they differed and the grounds on which they based their respective opinions. These reports were to be referred to some friendly sovereign or State for arbitration.

The first and third boards of commissioners mentioned above came to agreements, and the parts of the boundary referred to them were thus finally determined; but the commissioners appointed under the fifth article, after sitting nearly 5 years, could not agree on any of the matters referred to them, nor even on a general map of the country exhibiting the boundaries respectively claimed by each party. They accordingly made separate reports to their governments, as provided in the treaty.

The first of these commissions awarded Moose, Dudley, and Frederick Islands to the United States and all other islands in Passamaquoddy Bay and the island of Grand Manan to Great Britain.

The following is the text of the report (Malloy, 1910, v. 1, p. 621) of the third of these commissions, which had under consideration that part of the northern boundary between the point where the 45th parallel of north latitude strikes the St. Lawrence and the point where the boundary reaches Lake Superior: Decision of the commissioners under the sixth article of the treaty of Ghent, done at Utica, in the State of New York, 18th June, 1822 [We] do decide and declare that the following-described line (which is more clearly indicated on a series of maps accompanying this report, exhibiting correct surveys and delineations of all rivers, lakes, water communications, and islands embraced by the sixth article of the treaty of Ghent, by a black line shaded on the British side with red, and on the American side with blue; and each sheet of which series of maps is identified by a certificate, subscribed by the commissioners, and by the two principal surveyors employed by them), is the true boundary intended by the two before-mentioned treaties, that is to say:

Beginning at a stone monument, erected by Andrew Ellicott, esq., in the year of our Lord 1817, on the south bank, or shore, of the said river Iroquois or Cataraque (now called the St. Lawrence), which monument bears south 74°45' west, and is 1,840 yards distant from the stone church in the Indian village of St. Regis, and indicates the point at which the forty-fifh parallel of norh latitude strikes the said river; thence running north 35°45' west into the river, on a line at right angles with the southern shore, to a point 100 yards south of the opposite island, called Cornwell Island; thence turning westerly and passing around the southern and western sides of said island, keeping 100 yards distant therefrom, and following the curvatures of its shores, to a point opposite to the northwest corner, or angle, of said island; thence to and along the middle of the main river, until it approaches the eastern extremity of Barnhart's Island; thence northerly, along the channel which divides the last-mentioned island from the Canada shore, keeping 100 yards distant from the island, until it approaches Sheik's Island; thence along the middle of the strait which divides Barnhart's and Sheik's islands to the channel called the Long Sault, which separates the two last-mentioned islands from the lower Long Sault Island; thence westerly (crossing the center of the last-mentioned channel) until it approaches within 100 yards of the north shore of the Lower Sault Island; thence up the north branch of the river, keeping to the north of, and near, the Lower Sault Island, and also north of, and near, the Upper Sault

20

13

BOUNDARIES OF THE UNITED STATES

(sometimes called Baxter's) Island, and south of the two small islands, marked on the map A and B, to the western extremity of the Upper Sault, or Baxter's Island; thence passing between the two islands called the Cats, to the middle of the river above; thence along the middle of the river, keeping to the north of the small islands marked C and D; and north also of Chrystler's Island and of the small island next above it, marked E, until it approaches the northeast angle of Goose Neck Island; thence along the passage which divides the last-mentioned island from the Canada shore, keeping 100 yards from the island to the upper end of the same; thence south of, and near, the two small islands called the Nut Islands; thence north of, and near, the island marked F, and also of the island called Dry or Smuggler's Island; thence passing between the islands marked G and H, to the north of the island called Isle au Rapid Platt; thence along the north side of the last-mentioned island, keeping 100 yards from the shore to the upper end thereof; thence along the middle of the river, keeping to the south of, and near, the islands called Cousson (or Tussin) and Presque Isle; thence up the river, keeping north of, and near, the several Gallop Isles numbered on the map 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10, and also of Tick, Tibbets, and Chimney islands; and south of, and near, the Gallop Isles, numbered 11, 12, and 13, and also of Duck, Drummond, and Sheep islands; thence along the middle of the river, passing north of island No. 14, south of 15, and 16, north of 17, south of 18, 19, 20, 21, 22, 23, 24, 25, and 28, and north of 26 and 27; thence along the middle of the river, north of Gull Island, and of the islands No. 29, 32, 33, 34, 35, Bluff Island, and No. 39, 44, and 45, and to the south of No. 30, 31, 36, Grenadier Island, and No. 37, 38, 40, 41, 42, 43, 46, 47, and 48, until it approaches the east end of Well's Island; thence to the north of Well's Island, and along the strait which divides it from Rowe's Island, keeping to the north of the small islands No. 51, 52, 54, 58, 59, and 61, and to the south of the small islands numbered and marked 49, 50, 53, 55, 57, 60, and X, until it approaches the northeast point of Grindstone Island; thence to the north of Grindstone Island, and keeping to the north also of the small islands No. 63, 65, 67, 68, 70, 72, 73, 74, 75, 76, 77, and 78, and to the south of No. 62, 64, 66, 69, and 71, until it approaches the southern point of Hickory Island; thence passing to the south of Hickory Island, and of the two small islands lying near its southern extremity, numbered 79 and 80; thence to the south of Grand or Long Island, keeping near its southern shore, and passing to the north of Carlton Island, until it arrives opposite to the southwestern point of said Grand Island, in Lake Ontario; thence, passing to the north of Grenadier, Fox, Stony, and the Gallop islands, in Lake Ontario, and to the south of, and near, the islands called the Ducks to the middle of the said lake; thence westerly, along the middle of said lake, to a point opposite the mouth of the Niagara River; thence to and up the middle of the said river to the Great Falls; thence up the Falls through the point of the Horse Shoe, keeping to the west of Iris or Goat Island, and of the group of small islands at its head, and following the bends of the river so as to enter the strait between Navy and Grand islands; thence along the middle of said strait to the head of Navy Island; thence to the west and south of, and near to, Grand and Beaver islands, and to the west of Strawberry, Squaw, and Bird

20 The line is drawn south of No. 26 on the map filed in Washington.

14

BOUNDARIES OF THE

UNITED STATES AND THE SEVERAL STATES

islands, to Lake Erie "; thence southerly and westerly, along the middle of Lake Erie, in a direction to enter the passage immediately south of Middle Island, being one of the easternmost of the group of islands lying in the western part of said lake; thence along the said passage, proceeding to the north of Cunningham's Island, of the three Bass Islands, and of the Western Sister, and to the south of the islands called the Hen and Chickens, and of the Eastern and Middle Sisters; thence to the middle of the mouth of the Detroit River, in a direction to enter the channel which divides Bois-Blanc and Sugar Islands; thence up the said channel to the west of Bois-Blanc Island, and to the east of Sugar, Fox, and Stony islands, until it approaches Fighting or Great Turkey Island; thence along the western side, and near the shore of said last-mentioned island to the middle of the river above the same; thence along the middle of said river, keeping to the southeast of, and near, Hog Island, and to the northwest, of and near the island Isle à la Pache, to Lake Saint Clair; thence through the middle of said lake in a direction to enter that mouth or channel of the river St. Clair, which is usually denominated the Old Ship Channel; thence along the middle of said channel, between Squirrel Island on the southeast, and Herson's Island on the northwest, to the upper end of the last-mentioned island, which is nearly opposite to Point aux Chênes, on the American shore; thence along the middle of the river St. Clair, keeping to the west of, and near, the islands called Belle Riviere Isle, and Isle aux Cerfs, to Lake Huron; thence through the middle of Lake Huron, in a direction to enter the strait or passage between Drummond's Island on the west, and the Little Manitou Island on the east; thence through the middle of the passage which divides the two last-mentioned islands; thence turning northerly and westerly, around the eastern and northern shores of Drummond's Island, and proceeding in a direction to enter the passage between the island of St. Joseph's and the American shore, passing to the north of the intermediate islands No. 61, 11, 10, 12, 9, 6, 4, and 2, and to the south of those numbered 15, 13, 5, and 1; thence up the said last-mentioned passage, keeping near to the island St. Joseph's and passing to the north and east of Isle à la Crosse, and of the small islands numbered 16, 17, 18, 19, and 20, and to the south and west of those numbered 21, 22, and 23, until it strikes a line (drawn on the map with black ink and shaded on one side of the point of intersection with blue, and on the other side with red), passing across the river at the head of St. Joseph's Island, and at the foot of the Neebish Rapids, which line denotes the termination of the boundary directed to be run by the sixth aritcle of the treaty of Ghent.

And the said commissioners do further decide and declare that all the islands lying in the rivers, lakes, and water communications, between the before-described boundary line and the adjacent shores of Upper Canada, do, and each of them does, belong to His Britannic Majesty, and that all the islands lying in the rivers, likes, and water communications, between the said boundary line and the adjacent shores of the United States, or their territories, do, and each of them does, belong to the United States of America, in conformity with the true intent of the second article of the said treaty of 1783, and of the sixth aricle of the treaty of Ghent.

In accordance with the terms of the treaty of Ghent a survey was made of the St. Lawrence and the Great

Horseshoe Reef, which is near the outlet of Lake Erie, was ceded to the United States Dec. 9, 1850, as a site for a lighthouse.

Lakes, from which a map was drawn. This map was photolithographed and was published in 29 sheets by the U.S. Lighthouse Board in 1891. (See reference to resurvey under treaty of 1908, p. 20.)

CONVENTION WITH GREAT BRITAIN, 1818

The convention with Great Britain concluded October 20, 1818, extended the boundary line westward along the 49th parallel of latitude to the "Stony" (Rocky) Mountains and provided that the country beyond these mountains should for 10 years remain open to both parties. Two articles of the convention are as follows (Malloy, 1910, v. 1, p. 632):

ARTICLE II. It is agreed that a line drawn from the most northwestern point of the Lake of the Woods, along the forty-ninth parallel of north latitude, or if the said point shall not be in the forty-ninth parallel of nonlatitude, then that a line drawn from the said point due north or south, as the case may be, until the said line shall intersect the said parallel of north latitude, and from the point of such intersection due west along and with the said parallel shall be the line of demarkation between the territories of the United States, and those of His Britannic Majesty, and that the said line shall form the northern boundary of the said territories of the United States, and the southern boundary of the territories of His Britannic Majesty, from the Lake of the Woods to the Stony Mountains.

ARTICLE III. It is agreed, that any country that may be claimed by either party on the northwest coast of America, westward of the Stony Mountains, shall, together with its harbours, bays, and creeks, and the navigation of all rivers within the same, be free and open, for the term of ten years from the date of the signature of the present convention, to the vessels, citizens, and subjects of the two Powers: it being well understood, that this agreement is not to be construed to the prejudice of any claim, which either of the two high contracting parties may have to any part of the said country, nor shall it be taken to affect the claims of any other Power or State to any part of the said country; the only object of the high contracting parties in that respect being to prevent disputes and differences amongst themselves.

The initial point of this boundary, which the convention fixed as "the most northwestern point" of the Lake of the Woods, was selected in 1824 by Dr. J. L. Tiarks, astronomer, and David Thompson, surveyor, who were employed by the British Government for this purpose, and their report was accepted by the U.S. commissioners. The point selected was about 27.5 miles north of the 49th parallel, in a swamp, where it was not feasible to establish a permanent mark, but astronomical observations were made at a reference point about 4,600 feet farther south. A pile of logs 12 feet high and 7 feet square was erected at this point, the remains of which were identified by the commissioners of 1872, who established an iron monument on the boundary a short distance from its site.22

This monument was recovered by the commission of 1912 and reset in concrete. It is now known as boundary

22 See U.S. Cong. (1877, p. 80-82), Internat. Joint Comm., United States and Canada (1917, p. 138; this book contains a bibliography of publications for the Lake of the Woods region), White (1914a, p. 886), and Hinks (1921, p. 438-441).

mark 925, and its position is lat 49°22'39.6'' N., long 95°09'11.6" W. (See fig. 1A.) Two reference marks were established in 1912, in lat 49°23′04.49" N., to fix a point which falls in water about half a mile north of boundary mark 925. This point was adopted by the treaty of 1925 as the north limit of the United States in the Lake of the Woods, in place of the northwesternmost angle. There are 13 metal monuments on the north-south boundary line from this point to hte 49th parallel, of which No. 925 is the farthest north.

In 1824 negotiations were resumed between the two countries for the settlement, among other things, of the boundary west of the Rocky mountains, but no conclusion was reached; the British Government claimed that the boundary line should follow the 49th parallel westward to the point where this parallel strikes the great northwestern branch of the Columbia River, thence down the middle of that river to the Pacific Ocean.

In 1826 negotiations were resumed, and several compromises were proposed by both parties, but without satisfactory results. After this the whole matter remained in abeyance until the special mission of Lord Ashburton to this country in 1842.

Meanwhile the unsettled questions regarding the eastern part of the north boundary again came up. The case having reached that stage at which it became necessary to refer the points of difference to a friendly sovereign or State, the two powers found it expedient to regulate the proceedings and make provisions in relation to such reference, and on September 29, 1827, they concluded a convention to that end (Malloy, 1910, v. 1, p. 646; Moore, 1898, chap. 3, 4).

The respective claims of the United States and Great Britain were as follows (see fig. 4):

Boundary claimed by the United States: From the source of the River St. Croix (a point of departure mutually acknowledged) the boundary should be a due north line for about 140 miles, crossing the River St. John at about 75 miles. At about 97 miles it reaches a ridge or highland which divides tributary streams of the River St. John, which falls into the Bay of Fundy, from the waters of the River Ristigouche, which falls through the Bay des Chaleurs into the Gulf of St. Lawrence. In its further course the said due north line, after crossing several upper branches of the River Ristigouche, reaches, at about 140 miles, the highlands which divide the waters of the said River Ristigouche from the tributary streams of the River Metis, which falls into the River St. Lawrence. Thence the line should run westerly and southwesterly along the highlands which divide the sources of the several rivers (from the Metis to the St. Francis) that empty themselves into the River St. Lawrence from the sources of the tributaries of the Rivers Ristigouche, St. John, Penobscot,

15

BOUNDARIES OF THE UNITED STATES

Kennebec, and Connecticut, all of which either mediately or immediately fall into the Atlantic Ocean.

Boundary claimed by Great Britain: From the source of the River St. Croix the boundary should be a due north line about 40 miles to a point at or near Mars Hill; then it should run westerly about 115 miles along the highlands that divide the sources of the tributaries of the River St. John from the sources of the River Penobscot to a spot called Metjarmette Portage, near the source of the River Chaudiere.

From this point the line coincides with the line claimed by the United States as far as the northwesternmost head of the Connecticut River. Great Britain claimed one of several small streams to be the northwesternmost tributary of the Connecticut River, and the United States another.

The territory in dispute comprised an area of about 12,000 square miles. The British claims were based principally on a possible uncertainty as to the identity of the River St. Croix and the proper location of the "highlands."

The location of the source of the St. Croix was officially fixed by the declaration of commissioners in October, 1798. Its position as determined in 1899 is lat 45°56'37.007" N. and long 67°46′54.715" W. (U.S. Coast Geod. Survey, 1918, p. 30).

ARBITRATION BY KING OF THE
NETHERLANDS

The King of the Netherlands was selected in 1829 by the two Governments as the arbiter, and each laid before him, in conformity with the provisions of the convention, all the evidence intended to be brought in support of its claim and two separate statements of the respective cases. His award, made in 1831, was as follows (Moore, 1898, p. 134–136):

We are of the opinion: That it will be suitable (il conviendra) to adopt, as the boundary of the two States, a line drawn due north from the source of the river St. Croix to the point where it intersects the middle of the thalweg of the river St. John; thence, the middle of the thalweg of that river, ascending it, to the point where the river St. Francis empties itself into the river St. John; thence, the middle of the thalweg of the river St. Francis, ascending it to the source of its southwesternmost branch, which source we indicate on the Map A by the letter X, authenticated by the signature of our Minister of Foreign Affairs; thence, in a line drawn due west to the point where it unites with the line claimed by the United States

23

23 The New York Public Library has a facsimile copy, 62 by 63 in., of the signed original map. Moore (1898) gives a corrected copy on a small scale.

67°

We are of the opinion that it will be suitable to proceed to fresh operations to measure the observed latitude in order to mark out the boundary from river Connecticut along the parallel of the 45th degree of north latitude to the river Saint Lawrence, named in the treaties Iroquois or Cataraquy in such a manner, however, that, in all cases, at the place called Rouse's Point the territory of the United States of America shall extend to the fort erected at that place, and shall include said fort and its Kilometrical radius.

However disposed the Government of the United States might have been to acquiesce in the decision of the arbiter, it had not the power to change the boundaries of a State without the consent of the State. Against that alteration, the State of Maine entered a solemn protest by resolution of January 19, 1832, and the Senate of the United States accordingly refused to give its assent to the award.

The arbitration of the King of the Netherlands having failed, fruitless negotiations ensued for a period of 11

Quebec

A

N

D

ST LAWRENCE

... RIVER

А

US CLAIM

BRITISH

Aroostook

CLAIM

Penobscot River

St John River

St Croix

E

ATLANTIC

100 KILOMETRES

67°

FIGURE 4.-Maine, showing the claims of the United States and Great Britain in 1827 and the present boundary.

years. Unsuccessful attempts were made to conclude an agreement preparatory to another arbitration. The subject became a matter of great irritation, collisions occurred in the contested territory, and for a time it seemed certain that the controversy would result in war between the two powers.

The Legislature of Maine placed a large sum at the disposal of the governor for the defense of the State's rights, and a bill was passed by Congress providing funds for the use of an army.

Massachusetts, being an interested party in the location of this boundary, appointed a committee to investigate the matter; its report was published March 20, 1838, as Senate Document 67.24 Gallatin (1840) presents an excellent discussion of this dispute from the point of view of the United States; his book presents a smallscale copy of "Map A." White (1914a) treats of this boundary from the British viewpoint.25

WEBSTER-ASHBURTON TREATY WITH
GREAT BRITAIN, 1842

In 1842, however, Great Britain gave proof, by the special mission of Lord Ashburton to the United States, of her desire for the preservation of peace and an amicable arrangement of the matter at issue. The subject of this mission was the settlement of not only the northeastern boundary but also the northern boundary west of the Rocky Mountains. Regarding the latter boundary, Lord Ashburton's instructions gave as the ultimatum of the British Government the boundary as above claimed (p. 22), and his mission had no result as far as this particular boundary was concerned. An agreement was reached, however, in regard to the northeastern boundary, which, the consent of the State of Maine having been obtained, was embodied in the treaty concluded August 9, 1842. The following is the text of the part of this treaty relating to the boundary (Malloy, 1910, v. 1, p. 651):

ARTICLE I. It is hereby agreed and declared that the line of boundary shall be as follows: 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.

See US. Cong. (1838) for a copy of report and map. See also, U.S. Cong. (1839a).

For other references to this dispute, see Internat. Boundary Comm., United States and Canada (1925), and Faris (1926, chap. 1).

17

BOUNDARIES OF THE UNITED STATES

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 Saint Lawrence from those which fall into the river Saint John, then the said point shall be made to recede down the said northwest branch of the river St. John, 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 46°25' north interescts the southwest branch of the St. John's; 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 Saint 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 45th 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.

ARTICLE II. It is moreover agreed, that, 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 line shall run into and along the shipchannel between Saint Joseph 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, thro' 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 last-mentioned 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 mainland, 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 Saisa ginaga, 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°23′55′′ north, and in longitude 95°14'38" west from the