before the Treaty of Peace; nor was there ever an occupancy of it by subjects acknowledging the authority of Nova Scotia; nor did that Province ever attempt to exercise authority there. Long before the Revolutionary war, it was in the occupancy of the people of, and from the late Province of Massachusetts Bay. The soil has, I believe, been granted by that Province, or by the State since the Revolution, to the people who had it in possession. I do not know the date of the grant. There have been, as I am informed, recent grants by the Province of New Brunswick of that island; but no formal claim on the part of the English nation has been made to it. The grantees of that Province, who have speculated on the pretended right of the English nation, have excited civil officers, under the authority of the Province of New Brunswick, to attempt to execute precepts there. These attempts were repelled, and I have not heard that they have been recently renewed. Should the jurisdiction of that island be found within the English authority, there can be no doubt how the right of property would be settled. This renders the dispute of consequence to the Commonwealth of Massachusetts in a pecuniary point of view.

If the argument above stated does not prove that the jurisdiction of the United States is extended to all the waters of Passamaquoddy bay, but that the treaty leaves the navigable waters of the same, which form the natural boundaries common to both, it is of great consequence, that any claim made under the Crown of the English Empire to Moose island should be subverted. But if their having the island under the reservatory exception does not deprive the United States of the jurisdiction on all the waters southward of the east line, drawn from the mouth of the Schoodiac, the consideration of the property alone gives consequence to the question.

The channel where the waters more directly issue from the Schoodiac to the bay of Fundy, between Moose and Deer islands, and between Deer island and Campo Bello, as described in your letter of instructions to the Minister, is quite adequate to all navigation of our country.

You mention a resolve of the Legislature, wherein the subject of the navigation in Passamaquoddy bay is mentioned. I have attended to a resolve of the tenth of March, which proposes that the Governor should request the President of the United States to take measures for settling the disputed jurisdiction to certain islands in Passamaquoddy bay; but I do not know of any dispute in that bay as to islands, excepting what I have stated as to Moose island.

The settlement and plain establishment of a line from the head or source of the Cheputnatecook, which is the source of the St. Croix, and empties its waters through a long chain of lakes into the Schoodiac, has become necessary, because that Massachusetts is making grants of the lands in that quarter, and the province of New Brunswick is in the same practice, controversies may

troversies can have no guide to their adjustment. excepting lines drawn through a vast extent of wilderness, where many known and unknown causes will affect the magnetic variations. These disputes on national, or even colonial, or State jurisdiction, are not easily settled when they are connected with private claims.

By the Treaty of Peace, it is provided that the boundaries shall be "from the northwest angle of Nova Scotia, viz., that angle which is formed by a line drawn due north, from the source of the St. Croix, to the highlands; along the highlands which divide those rivers that empty themselves into the river St. Lawrence, from those which fall into the Atlantic ocean, to the northwesternmost head of Connecticut river."

You will see by the maps of that part of the country, that the line which runs north from the source of the St. Croix, crosses the river St. John a great way south of any place which could be supposed to be the highlands; but where that line will come to the northwest angle of Nova Scotia, and find its termination, is not easy to discover.

The boundary between Nova Scotia and Canada was described, by the King's proclamation, in the same mode of expression as that used in the Treaty of Peace. Commissioners who were appointed to settle that line, have traversed the country in vain to find the highlands designated as a boundary. I have seen one of them, who agrees with the account which I have had from the natives and others, that there are no mountains or highlands on the southerly side of the St. Lawrence, and northeastward of the river Chaudiere. That, from the mouth of the St. Lawrence to that river, there is a vast extent of high flat country, thousands of feet above the level of the sea, in perpendicular height; being a morass of millions of acres, from whence issue numerous streams and rivers, and from which a great number of lakes are filled by drains. That the rivers originating in this elevated swamp pass each other wide asunder, many miles in opposite courses, some to the St. Lawrence, and some to the Atlantic sea.

Should this description be founded in fact, nothing can be effectively done, as to a Canada line, without a commission to ascertain and settle the place of the northwest angle of Nova Scotia, wherever that may be agreed to be; if there is no mountain or natural monument, an artificial one may be raised. From thence, the line westward to Connecticut river may be established by artifi cial monuments erected at certain distances from each other; the points of compass from the one to the other may be taken; and the ascertaining the degree of latitude, which each one is placed on from actual observation, may be very useful. Though there is no such chain of mountains as the plans or maps of the country represent under the appellation of the highlands, yet there are eminences from whence an horizon may be made to fix the latitude from common quadrant obser vations.

Mr. Gore to the Secretary of State.

LONDON, October 6, 1802. SIR: I have the honor to acknowledge the receipt of your several letters to Mr. King, under the following dates, viz: 8th June, 20th, 23d, and 26th of July, and 23d of August; the latter by Mr. Brent: all of which came to hand since his absence from this place. That of June 8th, covering commission and instructions to this gentleman to adjust whatever remains to be decided in relation to the boundaries between the United States and the British Government, was received, and forwarded to him before he left Harwich. According to his desire, and with a view to expedite the business, I requested an interview of Lord Hawkesbury, for the purpose of making to him such communications on this subject as might enable him to enter on the negotiation with effect, on the return of Mr. King. After having opened the business at our first meeting, he requested it might lay over until Mr. Hammond, the under Secretary of State, should come from the seaside, where he then was for his health, to afford him an opportunity of conferring with this gentleman, who was much acquainted with the business to which the communication referred. On Mr. Hammond's arrival, I saw Lord Hawkesbury, and, with the map of the St. Croix, as reported by the Commissioners under the fifth article of the Treaty of 1794, and Arrowsmith's map of the United States, endeavored to trace out the boundaries that were still requisite to explain to him the views of the President, and to impress on his mind the reasonableness and justice thereof, in regard to the British nation. He appeared disposed to accede to the propositions, so far as they relate to the boundary line through the Passamaquoddy, the mode suggested of adjusting that between the United States and New Brunswick, and fixing the point intended in the Treaty of 1783, by the northwest angle of Nova Scotia, and establishing the boundary between such point and the northwesternmost head of Connecticut river. It is, however, to be understood, that the disposition manifested by his lordship was founded on

the belief that, on inquiry, he should find the islands in Passamaquoddy bay to have been possessed by, and to belong to, the respective nations as the proposed line would place them; and that, on further reflection, no insurmountable objection should occur to the plan proposed for running the other lines and fixing the point referred to. On these subjects, he doubtless intends to consult with Colonel Barclay, the British Commissioner for ascertaining the St. Croix, who is now in some part of Great Britain, and who is expected in London early in the Winter. On that part of the boundary which is to connect the northwest point of the Lake of the Woods with the Mississippi, he observed that it was evidently the intention of the Treaty of Peace that both nations should have access to, and enjoy the free use of that river; and he doubtless meant that this access should be to each nation through their own territories. He remarked, that commissions, which I had proposed for ascertaining the relation of the Lake of the Woods and the Mississippi, if any doubt remained on this head, and running the line between these two waters, according to your proposition, might establish such a boundary as would secure to each nation this object. To the remark I made no reply, other than by observing that the line suggested was what naturally seemed to be demanded by just interpretation, where such a mistake had happened, as was herein supposed; but this I did, however, chiefly with a view of not assenting to his proposal, and in a manner rather declining than courting the discussion. It will probably be persisted in ; and I much doubt if the Government will be inclined to adjust any boundary in this quarter, that has not the right desired for its basis.

I have considered it important to apprize you of the view entertained by the British Government in this respect, that the President may have an opportunity, if he should choose, to forward Mr. King any instructions relative to the boundary in question. The papers marked A, here with enclosed, are copies of the notes that passed from me to Lord Hawkesbury, and minutes of the proposals made him in conversation, and traced out on the maps before mentioned, and of his note in reply. These, with the above detail of what passed in conversation, will communicate to you all that has been, or probably will be, done on this subject, before Mr. King's return, which may be expected in November, and doubtless before Lord Hawkesbury will have an opportunity of consulting the persons alluded to in his note.

Your letter of 20th July, with the enclosed copy of the letter of the Secretary of the Treasury to the Comptroller, respecting the portages, or carrying places, and the exemption from duty of small vessels trading between the northern and northwestern boundaries, came to hand on the 10th of September, and I lost no time in stating their contents to Lord Hawkesbury in a note, (copy whereof is herewith enclosed,) in order to rebut any argument in favor of the pretensions of the British traders, from a supposed acquiescence on the part of the Government of the United States

and to insist on such a construction of the terms, portages, and carrying places, as might comport with the safety of the revenue of the United States, and the interest of their citizens. I afterwards had a conference with him on this subject, in which he acceded to the construction contained in my note; and, as to the tonnage duty, he said it certainly merited, and should receive, all due consideration.

I have the honor to be, with great consideration and respect, sir, your obedient and humble servant, C. GORE.

Mr. Gore to Lord Hawkesbury.

GREAT CUMBERLAND PLACE,
August 24, 1802.

Mr. Gore presents his compliments to Lord Hawkesbury, and has the honor to inform him that, since the departure of Mr. King, he has received for this gentleman instructions and a full power from the President of the United States, to adjust, by amicable negotiation, with the Government of His Britannic Majesty, whatever remains unsettled as to the boundaries between the territories of the two nations.

Mr. Gore takes the liberty of proposing to his Lordship to communicate to him, whenever he shall be at leisure to attend thereto, the views of the President of the United States, in order that his Lordship may give to the subject such consideration as he shall think its importance requires; and that, having a distinct knowledge thereof, his Lordship may, on the return of Mr. King, be enabled to concur in such measures for defining and settling the boundary lines between the two countries, as shall appear most conducive to their mutual interests and future harmony.

Mr. Gore flatters himself that Lord Hawkesbury will see, in this proposal of the President, a new proof of the sincere and earnest desire of the Government of the United States to live in friendship with that of His Britannic Majesty, inasmuch as it invites to an adjustment, by amicable negotiation, of not only whatever may now be the occasion of inquietude between the parties, but also of everything, as far as can be foreseen, which may interrupt in future that good understanding so essential to the interests and happiness of both nations.

Mr. Gore to Lord Hawkesbury.

GREAT CUMBERLAND PLACE, September 22, 1802. Mr. Gore presents his compliments to Lord Hawkesbury, and has the honor to inform him that the President of the United States, ever desirous to continue uninterrupted the harmony so happily subsisting between the Government of said States and that of His Britannic Majesty, and by a constant vigilance and unremitted attention to every circumstance that might have a tendency, however remote, to disturb the same, in order to prevent its effect by such seasonable interposition as the occasion may require, has given

directions that it should be represented to His Majesty's Government, that certain traders, subjects of His Britannic Majesty, have set up pretensions to transport goods and merchandise, free of duty, through certain rivers, and over tracts of country, in the northwestern parts of the United States, and entirely within their jurisdiction, under the clause of the third article of the Treaty of Amity, Commerce, and Navigation, between the said United States and His Britannic Majesty, which provides "that no duties shall be payable on any goods which shall merely be carried over any of the portages, or carrying places, on either side, for the purpose of being immediately reembarked, and carried to some other place or places."

Mr. Gore flatters himself that, if his Lordship should take the trouble to look into the article referred to, he will see that such claims derive no support from the most liberal construction of the terms relied on, namely, the right to carry goods, exempt from duty, "over portages or carrying places;" and that these words, so used, can never intend other cases than where the waters forming a boundary between the parties become unnavigable, and where a transit by land is thence required and resorted to, in order to re-enter the common waters where they are again navigable.

While the United States are actuated by the most sincere and earnest desire to give every facility to the trade and commerce of the subjects of His Britannic Majesty, not inconsistent with a due regard to the rights of their own citizens, and the safety of their revenue, they have been obliged to resist, as incompatible with these, pretensions so unauthorized, and must speedily make such regulations in this respect, as the security of their public revenue renders indispensable; not however, interfering, in the smallest degree, with the rights of His Britannic Majesty's subjects. under the stipulations of said treaty, which will always be held sacred by the Government of the United States.

Mr. Gore has also the honor, according to the instructions of his Government, to represent to Lord Hawkesbury, that the United States, with a view to render the intercourse as convenient and free as possible to their citizens and the subjects of His Britannic Majesty living in the north and northwestern boundaries of said States, and in the British provinces of Upper and Lower Canada, and thereby promote a good understanding between the inhabitants thereof, by removing all impositions on the vessels of either trading there, at their last session passed an act to exempt from tonnage duty all vessels, whether British or American, not above fifty tons burden, trading between the ports of the northern and north western boundaries of the United States, and the Brit ish provinces of Upper and Lower Canada.

He is also directed further to represent to His Majesty's Government, that vessels of the United States, in the British ports, within the same waters, are subject to a duty of six cents per ton. The disposition manifested by His Majesty's Government to concur in equalising the situation of

Extract from Mackenzie's voyage. "The Lake of the Woods is in latitude 49° 37′ north, and longitude 94° 31′ west.

"The northernmost branch of the source of the Mississippi is in latitude 47° 38′ north, and longitude 95° 6' west, ascertained by Mr. Thomson, astronomer to the Northwest Company, who was sent expressly for that purpose in the spring of 1798. He, in the same year, determined the northern bend of the Missouri to be in latitude 47° 32' north, longitude 101° 25′ west; so that, if the Missouri were even to be considered as the Mississippi, no western line could strike it."-History of the Fur Trade, page 85.

Lord Hawkesbury to Mr. Gore.

DOWNING STREET, Oct. 4, 1802. Lord Hawkesbury presents his compliments to Mr. Gore, and has the honor to acknowledge the receipt of his note of the 28th ultimo, together with the minutes which were enclosed in it.

Lord Hawkesbury is fully sensible of the expediency of adjusting, by some definitive arrangement, the several points to which those minutes refer, and will be ready to enter into a negotiation for that purpose either with Mr. Gore or Mr. King, within as short a period as the circumstances of the case will conveniently admit. In the mean time, it may perhaps be necessary for Lord Hawkesbury to obtain information from persons in the country on some of the subjects which are likely to be brought into discussion. But Mr. Gore may be assured that Lord Hawkesbury is desirous of avoiding any unnecessary delay, and that he will feel the sincerest disposition to terminate the negotiation in such a manner as may be reciprocally advantageous both to Great Britain and to the United States, as may tend, by removing all causes of future dispute, to improve and conciliate the harmony and good understanding which so happily subsists between the two countries, and which are so essential to their several interests and prosperity.

Extract.—The Secretary of State to Rufus King, dated

DEPARTMENT OF STATE,
December 16, 1802.

By the communications of the 6th day of October, received from Mr. Gore, it appears that the proposition for adjusting the boundary in the northwest corner of the United States is not relished by the British Government. The proposition was considered by the President as a liberal one, inasmuch as the more obvious remedy for the error of the treaty would have been by a line running due north from the most northern source of the Mississippi, and intersecting the line running due west from the Lake of the Woods; and inasmuch as the branch leading nearest the Lake of the Woods may not be the longest or most navigable one, and may consequently favor the wish of the British Government to have access to the latter. The proposition, for these reasons, would not have been made but from a desire to

take advantage of the present friend ly dispositions of the parties for the purpose of closing all ques tions of boundary between them. As it is not probable, however, that the settlement of this par ticular boundary will for some time be material. and as the adjustment proposed is not viewed by the British Government in the same light as by the President, it is thought proper that it should not for the present be pursued; and that the other questions of boundary should be adjusted with as little delay as possible. In the meantime, further information with respect to the head waters of the Mississippi, and the country connected with them, may be sought by both parties; it being understood that the United States will be as free to be guided by the result of such inquiries, in any future negotiation, as if the proposition above refer red to had never been made by them. Should it be most agreeable to the British Government to have an early survey instituted, with a view to a proper boundary in this case, the President authorizes you to concur in such an arrangement.

Mr. King to the Secretary of State.

LONDON, February 28, 1803. SIR: I have duly received your letters of 16th and 23d December. By Lord Hawkesbury's desire, I have conferred with Colonel Barclay respecting the continuation of the boundary through the bay of Passamaquoddy, who has made no ob jection to the line we have proposed, though he appears to think that it would be improper to cede to us the island of Campo Bello, unless the cession should be desired by its inhabitants. No objec tion has been made to our title to Moose island and at present I foresee nothing to impede a settlement of this boundary, except the difficulty of engaging the Minister to bestow upon the subject sufficient time to understand it. With regard to the line between the source of the St. Croix and the northwest corner of Nova Scotia, I have no reason to suppose there will be any objection to its being ascertained in the way we have proposed. Not having been able to fix the attention able to give you any information concerning the of Lord Hawkesbury upon the subject, I am not line between the northwest corner of Nova Scotia and the head of Connecticut river, or between the Lake of the Woods and the Mississippi.

With perfect respect and esteem, I have the honor to be, sir, your obedient and faithful servaat. RUFUS KING.

Mr. King to the Secretary of State.

LONDON, May 13, 1803. SIR: I have the honor to transmit herewith the convention which I yesterday signed, in trip cate, with Lord Hawkesbury, relative to our boundaries.

The convention does not vary anything mate rial from the tenor of my instructions. The he through the bay of Passamaquoddy secures of interest in that quarter. The provision for rua ning, instead of describing, the line between the