esty, the King of the Netherlands, on the tenth inst. a document purporting to be an expression of his opinion on the several points submitted to him as arbiter, relative to certain portions of the erected certain fortifications at the place called Rouses' Point, under impression that the ground formed part of their territory-an impression sufficiently authorized by the circumstance that the line, had, until then, been reputed to boundary of the United States. correspond with the 45th degree In a period of much difficulty, of north latitude. his Majesty has had the goodness, We are of opinion, That it for the purpose of conciliating will be suitable [il conviendra] to conflicting claims and pretensions, proceed to fresh operations to to devote to the High Parties Inmeasure the observed latitude, in terested, a time that must have order to mark out the boundary been precious to himself and peofrom the river Connecticut along ple. It is with extreme regret, the parallel of the 45th degree therefore, that the undersigned, of north latitude to the river in order to prevent all misconSt Lawrence, named in the trea- ception, and to vindicate the ties Iroquois or Cataraguy, in such rights of his Government, feels a manner, however, that, in all himself compelled to call the atcases, at the place called Rouses' tention of his Excellency, the Point, the territory of the United Baron Verstolk Van Soclen, his States of America shall extend Majesty's Minister of Foreign Afto the fort erected at that place, fairs, again to the subject. But, and shall include said fort and its while, on the one hand, in adkilometrical radius, [rayon kil- verting to certain views and conometrique.] siderations, which seem, in some measure, perhaps, to have escaped observation, the undersigned will deem it necessary to do so with simplicity and frankness; he could not, on the other, be wanting in the expressions of a most respectful deference for his Majesty, the arbiter. Thus done and given under our Royal Seal, at the Hague, this tenth day of January, in the year of our Lord One Thousand Eight Hundred and Thirtyone, and of our Reign, the eighteenth. (Signed) WILLIAM. The Minister of Foreign Affairs. (Signed) VERSTOLK DE SOCLEN. Protest of the United States (COPY) The Hague, 12th Jan. 1831. The undersigned, Minister Plenipotentiary and Envoy Extraordinary of the United States of America, had the honor to receive from the hands of his Maj The language of the treaty, which has given rise to the contestation between the United States and Great Britain, is, 'And that all disputes which might arise in future on the subject of the boundaries of the said United States, may be prevented, it is hereby agreed and declared, that the following are and shall be their boundaries, viz. 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 river to the highlands, along the said 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, hence down along the middle of that river, to the fortyfifth degree of north latitude; from thence by a line due west on said latitude, until it strikes the river Iroquois or Cataraguy ****. East, by a line to be drawn along the middle of the river St Croix, from its mouth in the bay of Fundy, to its source: and from its source directly north, to the aforesaid highlands, which divide the rivers that fall into the Atlantic Ocean, from those which fall into the river St Lawrence.' The manner of carrying this apparently exceedingly definite and lucid description of boundary into effect, by running the line as described, and marking the same on the surface of the earth, was the subject, the sole, exclusive subject submitted by the convention of September, 1827, in pursuance of the treaty of Ghent, 1814, to an arbiter. If, on investigation, that arbiter found the language of the treaty, in his opinion, inapplicable to, and wholly inconsistent with the topography of the country, so that the treaty of 1783, in regard to its description of boundary, could not be executed according to its own express stipulations, no authority whatever was conferred upon him to determine or consider what practicable boundary line should, in such case, be substituted and established. Such a question of boundary, as is here supposed, the United States of America would, it is believed, submit to the definite decision of no sovereign. And in the case submitted to his Majesty the king of the Netherlands, the United States, in forbearing to delegate any such power, were not influenced by any want of respect for that distinguished monarch. They have on the contrary, given him the highest and most signal proofs of their consideration and confidence. In the present case especially, as any revision or substitute of boundary whatever, had been steadily and in a spirit of unalterable determination, resisted at Ghent and Washington, they had not anticipated the possibility of there being any occasion for delegating such powers. Among the questions to which the language of the treaty of 1783, already quoted, gave rise between the High Parties interested, is the following, viz. where at a point due north from the source of the river St Croix, are the highlands which divide the rivers, that empty themselves into the river St Lawrence, from those that fall into the Atlantic Ocean,' at which same point on said highlands was also to be found the northwest angle of the long established, well known, and distinctly defined British province of Nova Scotia. On the southern border of the river St Lawrence, and at the average distance from it of less than thirty English miles, there is an elevated range or continuation of broken highland, extending from Cape Rosieres, southwesterly to the sources of Connecticut river, forming the southern border of the basin of the St Lawrence and ligne des versants of the rivers emptying into it. The same highlands form also the ligne des versants, on the north of the river Restigouche, emptying itself into the bay des Chaleurs, the river St John with its northerly and westerly branches emptying into the bay of Fundy, the river Penobscot with its northwesterly branches emptying into the bay of Penobscot, the rivers Kennebec and Androscoggin, whose united waters empty into the bay of Sagadahock, and the river Connecticut emptying into the bay, usually called Long Island sound. These bays are all open arms of the sea or Atlantic Ocean; are designated by their names on Mitchell's map; and with the single exception of Sagadahock, are all equally well known, and usually designated by their appropriate names. This linge des versants constitutes the highlands of the treaty, as claimed by the United States. There is another ligne des versants, which Great Britain claims as the highlands of the treaty. It is the dividing ridge, that bounds the southern side of the basin of the river St John, from those which flow into the Penobscot and St Croix. No river flows from this dividing ridge into the river St Lawrence. On the contrary, nearly the whole of the basins of the St John and Restigouche intervene. The source of the St Croix also is in this very ligne des versants, and less than an En glish mile distant from the source of a tributary stream of the St John. This proximity reducing the due north line of the treaty, as it were to a point, compelled the provincial agent of the British government to extend the due north line over the dividing ridge into the basin of the St John, crossing its tributary streams to the distance of about forty miles from the source of the St Croix, to the vicinity of an isolated hill between the tributary streams of the St John. Connecting that isolated hill with the ligne des versants, as just described, by passing between said tributary streams, they claimed it as constituting the highlands of the treaty. These two ranges of highlands, as thus described, the one contended for by the United States, and the other by Great Britain, his Majesty the arbiter regards as comporting equally well in all respects with the language of the treaty. It is not the intention of the undersigned, in this place, to question in the slightest degree the correctness of his Majesty's conclusion: but when the arbiter proceeds to say that it would be suitable to run the line due north, from the source of the river St Croix, not to the highlands which divide the rivers that fall into the Atlantic Ocean from those which fall into the river St Lawrence,' but to the centre of the river St John, thence to pass up said river to the mouth of the river St Francis, thence up the river St Francis to the source of its southwesternmost branch, and from thence by a line drawn west unto the point where it intersects the power delegated by the High Parties interested, in order that the rights and interests of the United States may not be supposed to be committed by any presumed acquiescence on the part of their representative near his Majesty the King of the Netherlands. the line of the highlands as claimed by the United States, and only from thence to pass along said highlands, which divide the rivers that fall into the Atlantic Ocean from those which fall into the river St Lawrence, to the northwesternmost head of the Connecticut river'-thus abandoning altogether the boundaries of the treaty, and substituting for them a distinct and different line of demarkation-it becomes the duty of the undersigned, with the most perfect respect for the friendly views of the arbiter, to enter a protest against the proceeding, as constituting a departure from The undersigned avails himself of this occasion to renew to Baron Verstolk Van Soclen the assurances of his high consideration. (Signed) WM P. PREBLE. His Excellency the Baron Verstolk Van Soclen, his Majesty's Minister of Foreign Affairs. II. FOREIGN. NATIONAL CONGRESS OF CHILI. SENATE. THE National Congress of Chili -conceiving that the present dreadful crisis, in which the nation appears to be on the eve of all the horrors of civil war and anarchy, hitherto averted only by the special interposition of Providence, has been brought about by the imperfections of the political Constitution of 1828, which experience has shown to be incompatible with the public safety and tranquillity, and for the revision of which a great majority of the Chilian people have manifested their wishes after the most accurate examination and mature deliberation has this day, (August 14th, 1831,) issued the following DECREE: ARTICLE 1. The political Constitution of the Chilian Nation, promulgated on the 6th August, 1828, requires modification and alteration. be composed of sixteen of the present Chamber of Deputies elected by the people-six great public functionaries from among the several branches of the administration, and fourteen of the Notables of the State, to wit: four literary men of distinguished wisdom and patriotism; two of the most illustrious and patriotic of the clergy; four great agricultural proprietors; two merchants of good credit; and two directors of mines, esteemed for their professional skill. ART. 4. The individuals abovementioned shall be elected by joint ballot of both Chambers, of each of which at least three-fourths must be present. ART. 5. Any member of the National Congress may be elected a member of the Convention, either in the quality of Functionary or of Notable. ART. 6. The election for the whole of each class shall be determined by a simple majority of votes according to the following order: First, the sixteen persons from the Chamber of Deputies. Secondly, the six great public functionaries. Thirdly, the four literary men. Fourthly, the ecART. 3. This Convention shall clesiastics. Fifthly, the agricul ART. 2. A Convention shall be called as soon as possible in the manner designated by the 133d Article of the present Constitution, for the purpose of reforming or extending that charter. |