27

ARTICLE VII. It is further agreed that the channels in the river St. Lawrence, on both sides of the Long Sault Islands and of Barnhart Island, the channels in the river Detroit on both sides of the island Bois Blanc, and between that island and both the American and Canadian shores, and all the several channels and passages between the various islands lying near the junction of the river St. Clair with the lake of that name, shall be equally free and open to the ships, vessels, and boats of both parties.2 By this treaty the United States obtained more than half of the disputed area, though nearly 1,000 square miles less than was awarded by the King of the Netherlands. The promise of reimbursement for the cost of surveys and other expenses, and the division of a large fund for timber cut in the disputed territory, no doubt influenced Maine in agreeing to the boundary as fixed by the treaty.

Commissioners acting under this treaty in 1843-47 surveyed the boundary line to a point where the 45th parallel intersects the St. Lawrence (U.S. Cong., 1848; New York [State] Univ., 1884, v. 2, p. 53).

The wording of the part of the treaty of 1783 relating to the northeastern boundary and its intent are so obvious that it seems strange that there should have been a dispute continuing for nearly 60 years regarding its interpretation. An English writer in 1911 characterizes the action of Great Britain as an "attempted theft" and states that "the British claim had no foundation of any sort or kind" (Mills, 1911, p. 684-687).

Ganong (1901), in a monograph on the boundaries of New Brunswick, after a lengthy discussion of the boundary dispute and of the treaty of 1842, states:

On the other hand, the few New Brunswickers of the present time who have examined the original sources of information have come to the conclusion that in the question of the northwest angle Maine was technically right and New Brunswick wrong, and that the Ashburton treaty took from Maine and gave to us a great territory to which we had not a technical right.

This is the position of the north mark as determined in 1824. See p. 14 for later determination.

By Article XXVI of the treaty with Great Britain of May 8, 1871, the St. Lawrence from its intersection with the 45th parallel to the sea was forever made "free and open for the purpose of commerce to the citizens of the United States."

That a contrary view was held by many Canadians may be inferred from an article in the Yearbook and Almanac of Canada for 1868 (quoted in New York [State] Univ., 1884, v. 2, p. 65-75).

TREATY WITH GREAT BRITAIN, 1846 Between 1843 and 1846 there was considerable discussion regarding the boundary west of the Rocky Mountains, resulting in the treaty of 1846, which defined the boundary as far west as the Strait of Juan de Fuca (fig. 5). The following is that part of the treaty which describes the boundary (Malloy, 1913, v. 1, p. 657):

ARTICLE I. From the point on the forty-ninth parallel of north latitude, where the boundary laid down in existing treaties and conventions between the United States and Great Britain terminates, the line of boundary between the territories of the United States and those of Her Britannic Majesty shall be continued westward along the forty-ninth parallel of north latitude to the middle of the channel which separates the continent from Vancouver's Island; and thence southerly through the middle of the said channel, and of Fuca's Straits, to the Pacific Ocean: Provided, however, that the navigation of the whole of the said channel and straits, south of the forty-ninth parallel of north latitude, remain free and open to both parties.

ARTICLE II. From the point at which the forty-ninth parallel of north latitude shall be found to intersect the great northern branch of the Columbia River, the navigation of the said branch shall be free and open to the Hudson's Bay Company, and to all British subjects trading with the same, to the point where the said branch meets the main stream of the Columbia, and thence down the said main stream to the ocean, with free access into and through the said river or rivers, it being understood that all the usual portages along the line thus described shall, in like manner, be free and open. In navigating the said river or rivers, British subjects, with their goods and produce, shall be treated on the same footing as citizens of the United States; it being, however, always understood that nothing in this article shall be construed as preventing, or intended to prevent, the Government of the United States from making any regulations respecting the navigation of the said river or rivers not inconsistent with the present treaty.

This treaty extended the line westward from the Rocky Mountains to the Pacific along the 49th parallel of latitude. This settled the northwest boundary with the exception of the islands and passages in the Straits of Georgia and of Juan de Fuca, England claiming that the boundary should properly run through the Rosario Strait, the most eastern passage, whereas the United States claiming that it should follow the Strait of Haro. This matter was finally settled by a reference to the Emperor of Germany as an arbitor, who decided it in favor of the United States on October 21, 1872 (Malloy, 1913, v. 1, p. 725).

TREATY WITH GREAT BRITAIN, 1908 The treaty with Great Britain concluded April 11, 1908, described the boundary between the United States and Canada in eight sections and provided for the

TREATY WITH GREAT BRITAIN, 1910

In order to remove a slight uncertainty concerning the boundary line in Passamaquoddy Bay, a treaty with Great Britain (Charles 1913, p. 49) was concluded on May 21, 1910, which laid down the position of the line by courses and distances, starting from a point between Treat Island and Campobello Island, previously fixed by range lines, and running thence in a general southerly direction to the middle of Grand Manan Channel. Popes Folly Island and the lighthouse between Woodward Point and Cranberry Point were left within United States territory.

2 Land and water boundary.

3 See change in location by Article I, treaty of 1925. Land boundary.

Of the total, approximately 1,771 miles is land boundary and 2,216 miles is water boundary. The land part of the boundary is marked by metal, stone, or concrete monuments; the water part is defined by courses and distances between turning points (angles), and these points are referred to marks of metal or concrete on the banks or shores.

The final report (Internat. Boundary Comm., United States and Canada, 1925) for that part of the line from the source of the St. Croix to the St. Lawrence River includes historical data, copies of treaties, and geographic positions of all monuments. There are 4,204 monuments and 548 reference marks for this part of the boundary.

The full report of the resurvey and marking of St. Lawrence River and the Great Lakes has been published by the Canadian Government (Internat. Waterways Comm., 1916). It gives extracts from treaties, instructions to the commissioners, courses and distances between marks, and geographic positions and azimuths.

Two hundred sixty-nine points define this section of the boundary.

Typical of these points are:

Beginning at a point of origin, the intersection of the international boundary with the southeast shore of the St. Lawrence River near the 45th parallel of latitude in

Latitude 44°59'58.23''

Longitude 74°39'41.98"

and bearing N89°55′27.6′′W, 106.6 feet from the boundary monument 774, near St. Regis, Quebec, erected jointly in 1902 by the Dominion of Canada and the State of New York

*

Thence due west 501388 feet along the middle of Lake Ontario to Turning Point 107 in

Latitude 43°37′51.9"

Longitude 78°41′26.76"

and bearing N30°04′12′′W 107985 feet from Thirty Mile Point Light

The point at the mouth of the Pigeon River in Lake Superior is Turning Point number 269, and is in

Latitude 47°59'57.48"

Longitude 89°34'09.96''

and bears S68°09′00′′E 283 feet from monument number 3 located on the Canadian side

in latitude 47°59′58.52" longitude 89°34′13.82"

and also bearing N68° 14′13.8"W 134.5 feet from Triangulation Station South Pigeon, situated on the United States side, established in 1908 by the boundary commission in

latitude 47°59'56.98" longitude 89°34'08.12"

A complete list of the angle points of the boundary can be found in the report, which is on file with the International Boundary Commission.

Changes in the topography due to the construction of the St. Lawrence Seaway have made necessary the re-marking of the boundary where it follows the river. New monuments have been placed to reference by course and distance the position of angle points in the boundary which lie in the water (Internat. Boundary Comm., United States and Canada, 1967).

From the mouth of the Pigeon River to the northwesternmost point in the Lake of the Woods, as relocated by the treaty of 1908, the water boundary is defined by courses and distances between turning points on the boundary lines, and these are referred to metal reference marks set in concrete or solid rock on the shores of the lakes and the banks of the streams (Internat. Boundary Comm., United States and Canada, 1931).

From the northwesternmost point of the Lake of the Woods to the summit of the Rocky Mountains, the boundary is composed of a north-south section, 26.6 miles long, which meets the 49th parallel at a point in the Lake of the Woods, and an east-west section, 860 miles long, approximately on the 49th astronomic parallel. This part of the boundary was first located in 1872 to 1876 and was marked by iron pillars, rock cairns, or earth mounds at intervals of 1 to 19 miles.29 There were 382 marks in all, 40 of which were at astronomic stations. The cairns and earth mounds have now been replaced by iron monuments weighing about 400 pounds each (see fig. 1A) or, in the mountains, by aluminum-bronze monuments set on concrete foundations and projecting 5 feet above the surface. Additional monuments have been so placed that no interval between two consecutive marks exceeds 21⁄2 miles. This resurvey was completed in 1913, and 40 maps covering the line have been published.

Boundary monuments along the 49th parallel may vary in latitude by as much as a second or more, because many of them were astronomic stations. It was not thought practical to move these to the true parallel, and the boundary is defined as the line joining successive stations.

In order to facilitate the enforcement of customs and immigration laws (35 Stat. 2189) the Federal Government by proclamation on June 15, 1908, reserved all unpatented public lands lying within 60 feet of the boundary line.

From the summit of the Rocky Mountains to the Strait of Georgia, 410 miles of land line on the 49th astronomic parallel was located by a joint commission between 1859 and 1862, and was marked by stone or iron pillars, rock piles, or mounds of earth at intervals

For details regarding the survey, see U.S. Cong. (1877).

21

BOUNDARIES OF THE UNITED STATES

ranging from a fraction of a mile to 25 miles (Baker, 1900; Klotz, 1917, p. 382-387).30 A retracement of this line was completed in 1907. The new marks consist of aluminum-bronze pillars 5 feet high, weighing about 250 pounds each, set in concrete bases at intervals not exceeding 4 miles. The maps of this section of the boundary, 19 sheets, have been published.

Along the 49th parallel in the Strait of Georgia, and through the Straits of Haro and Juan de Fuca to the Pacific Ocean, a distance of 142 miles, the boundary is defined by courses and distances between turning points, which are referred to reference marks consisting of concrete monuments and lighthouses on the shores. The report on this section of the boundary was published in 1921 (Internat. Boundary Comm., United States and Canada, 1921).

Considerable information regarding the northern boundary of the United States may be found in articles by John W. Davis (1922) and Lawrence S. Mayo (1923).

TREATY WITH GREAT BRITAIN, 1925 Several minor changes were made in the northern boundary by the treaty concluded February 24, 1925 (44 Stat., pt. 3, p. 2102).

The northern terminus of the Lake of the Woods boundary was fixed at lat 49°23'04.49" N., long 95°09′11.61" W. (See p. 14.) By this change the United States lost about 21⁄2 acres of water area.

Article II of the treaty made the lines between monuments established under the treaty of 1908 on the 49th parallel east of the Rocky Mountains straight lines, not following the curve of the parallel. The United States gained between 30 and 35 acres of land by this change.

Article III added a new course bearing S. 34°42′ W., a distance of 2,383 meters (1.48 miles), from the terminus of the southeasterly line established by the treaty of 1910 in the Grand Manan Channel, between Maine and New Brunswick. Canada thereby made a net gain in water area of about 9 acres, which had previously been of "controversial jurisdiction."

Article IV provided for inspection of existing monuments, repair of defective ones, and, addition of new ones, if needed, by joint commissioners "at such times as they shall deem necessary."

30 A report by the British commissioner with descriptions and longitudes of marks for this survey is given in U.S. Foreign Office correspondence, 1865-1871, v. 811, America, p. 1468.

22

BOUNDARIES OF THE

UNITED STATES AND THE SEVERAL STATES

Maintenance work and additional surveys for horizontal and vertical control have been carried out in compliance with this provision since 1925. A description of the work is published in the Report of the International Boundary Commission for 1937. This report carries the following reference to "The Official Maps:“ Article VII of the treaty of 1908 with regard to the boundary from the Gulf of Georgia (Georgia Strait) to the summit of the Rocky Mountains stipulates that "the entire course of said boundary, showing the location of the boundary monuments and marks established along the course of the boundary, shall be marked upon quadruplicate sets of accurate modern charts prepared or adopted for that purpose, and the said Commissioners, or their successors, are hereby authorized and required to so mark the line and designate the monuments on such charts, two duplicate originals of which shall be filed with each Government Similarly, with regard to the boundary from the summit of the Rocky Mountains to the Northwesternmost Point of Lake of the Woods, article VI of the treaty provides that "the said Commissioners shall mark upon quadruplicate sets of accurate modern charts prepared or adopted by them for that purpose the entire course of said boundary and the location of the boundary monuments and marks established along the course of said boundary, and two duplicate originals thereof shall be filed with each Government

The charts upon which the Commissioners have marked the boundary line from Georgia Strait to the Northwesternmost Point of Lake of the Woods, in accordance with these provisions of the treaty of 1908, are topographic maps prepared from surveys made by the field force of the Commission. The word "map" when used herein is synonymous with the word "chart" of the treaties. They consist of a series of 59 sheets, arranged and numbered as shown on an accompanying index map, together with a profile sheet. They were engraved on copper plates and printed from lithographic stones as were other similar boundary maps. The engraved plates will be preserved by the two Governments as permanent records of the work. The four official sets of maps, two for each Government, which bear the Commissioners' signatures, are transmitted in atlas form with this report.

The size of each map is 11 by 241⁄2 inches inside the border. The conventional signs used to represent the topographic features are those used by the United States Geological Survey (which engraved sheets 1 to 19, inclusive), and are the same as those adopted by the United States Federal Board of Surveys and Maps. The boundary line, monuments, culture, and lettering appear in black; relief (contour lines and elevations) in brown; drainage, in blue; and timber, in green. The maps are constructed on polyconic projections on a scale of 1:62,500, each covering 30 minutes of longitude. At the top of each map are the title, the number of the sheet, copies of the seals of the two countries, and the names of the commissioners under whom the surveys were made.

TREATY WITH SPAIN. 1795

The southern boundary of the United States was described in definite terms by the treaties with Great Britain of 1782 and 1783 (see p. 12), but its location

was not accepted by Spain and was disputed by that country until settled by the treaty concluded October 27, 1795 (Malloy, 1910, v. 2, p. 1640), wherein it was agreed that

The southern boundary of the United States which divides their territory from the Spanish colonies of east and west Florida, shall be designated by a line beginning on the River Mississippi, at the northernmost part of the thirty-first degree of latitude north of the Equator, which from thence shall be drawn due east to the middle of the River Apalachicola, or Catahouche, thence along the middle thereof to its junction with the Flint; thence straight to the head of St. Mary's River, and thence down the middle thereof to the Atlantic Ocean.

Article IV of this treaty described the western boundary, which separated the "Spanish colony of Louisiana" from the United States, as being

in the middle of the channel or bed of the River Mississippi, from the northern boundary of the said States to the completion of the thirtyfirst degree of latitude north of the Equator.