one reall Province by the name of Our Province of Massachusetts Bay in New England." But by the Peace of Ryswick of September 10, 1697, Great Britain agreed to restore all places which France possessed before the declaration of war, France making a reciprocal promise. By these reciprocal engagements Nova Scotia remained with France, and was therefore excepted out of the "Province of Massachusetts Bay in New England," which thus comprised "the Territories and Colonyes commonly called or knowne by the names of The Colony of Massachusetts Bay and Colony of New Plymouth the Province of Main * * * and all that Tract of Land lying between the said territories of Nova Scotia and the said Province of Main.” Province of Nova By the Treaty of Utrecht of March 31, 1713, Nova Scotia or Acadia was retroceded by France to Great Britain, but it was not rejoined to the province of Massachusetts Bay, being erected into a separate province. The commission of its first governor, Richard Phillips, issued September 11, 1719, merely describes it as the "province of Nova Scotia or Accadie in America." The same words are preserved in the commissions of the gov ernors of the province down to 1761. Treaty of Paris of 1763. In 1763 a momentous change took place in the territorial possessions of the European powers in America. By the Peace of Paris of the 10th of February between France, Great Britain, and Spain, not only did Nova Scotia or Acadia rest under British sovereignty, but Canada, the island of Cape Breton, and all the islands and coasts in the gulf and river St. Lawrence passed under the same dominion and were lost to the French Crown, largely as the result of the exertions of the British colonists in America. It now became necessary to provide governments for the new possessions, and in so doing attention was naturally paid to boundaries. Province of Quebec. By a royal proclamation of October 7, 1763, Establishment of the establishing a government for the province of Quebec, the boundary of that province is described as a line drawn from the south end of Lake Nipissin across the River St. Lawrence and Lake Champlain in fortyfive degrees of north latitude, and "along the High Lands which divide the Rivers that empty themselves into the said River St. Lawrence from those which fall into the Sea and also along the North Coast of the Bay des Chaleurs and the coast of the Gulph of St. Lawrence to Cape Rosieres." By the act of 14 Geo. III. cap. 83 (1774), "for making more effectual provision for the Government of the Province of Quebec," the province is "bounded on the South by a line from the bay of Chaleurs, along the highlands which divide the rivers that empty themselves into the river St. Lawrence from those which fall into the Sea, to a point in forty-five degrees of north latitude, on the eastern bank of the river Connecticut, keeping the same latitude directly west." The location and the reason of this boundary are quite clear. The object was to include in the province of Quebec, to which the French population was confined, the basin of the St. Lawrence, which was already partly inhabited by persons of that race. It included in the province of Quebec that basin and the country north of the Bay of Chaleurs. Boundaries of Nova Having ascertained the boundary established by the British Government for the province of Quebec, let us turn again to Nova Scotia, which originally extended, as we have seen, to the River St. Lawrence. On the 21st of November 1763, six weeks after the publication of the royal proclamation in regard to Quebec, a commission was issued to Montague Wilmot as governor of Nova Scotia. By this commission it is provided that the province of Nova Scotia "shall be bounded" to the northward "by the Southern Boundary of our Province of Quebec as far as the western extremity of the Bay des Chaleurs," and to the eastward "by the said Bay and the Gulf of St. Lawrence." To the westward it is said that, "although our said province hath anciently extended and doth of right extend as far as the river Pentagonet or Penobscot It shall be bounded by a line drawn from Cape Sable across the entrance of the Bay of Fundy to the mouth of the River St. Croix by the said river to its source and by a Line drawn due North from thence to the Southern Boundary of our colony of Quebec." The scheme of these boundaries is exceedingly simple and definite, and is set forth, as it was understood at the time, on a map in Dodsley's Annual Register for 1763. Such were the British definitions of the boundaries when in 1782 the American and British plenipotentiaries entered at Paris on negotiations for a treaty of peace. Let us examine, now, the instructions of the American plenipotentiaries and trace the course of the negotiations. On the 14th of August 1779, six weeks be Instructions of Con- fore the choice of a minister, Congress adopted gress for Treaty instructions for a treaty of peace with Great with Great Britain. Britain. In these instructions the boundaries of the United States were defined as follows:1 "The boundaries of these States are as follows, viz: These States are bounded north, by a line to be drawn from the northwest angle of Nova Scotia along the highlands which divide those rivers which empty themselves into the river St. Lawrence, from those which fall into the Atlantic ocean, to the northwesternmost head of Connecticut River; thence down along the middle of that river to the forty-fifth degree of north latitude; thence due west in the latitude forty-five degrees north from the equator to the northwesternmost side of the river St. Lawrence or Cadaraqui; thence straight to the south end of Nepissing; and thence straight to the source of the river Mississippi: west, by a line to be drawn along the middle of the river Mississippi, from its source to where the said line shall intersect the thirty first degree of north latitude: south, by a line to be drawn due east from the termination of the line last mentioned in the latitude of thirty-one degrees north from the equator to the middle of the river Appalachicola, or Catahouchi; thence along the middle thereof to its junction with the Flint River; thence straight to the head of St. Mary's River; and thence down along the middle of St. Mary's River to the Atlantic ocean: and east, by a line to be drawn along the middle of St. John's river from its source to its mouth in the bay of Fundy, comprehending all islands within twenty leagues of any part of the shores of the United States, and lying between lines to be drawn due east from the points where the aforesaid boundaries between Nova Scotia on the one part, and East Florida on the other part, shall respectively touch the bay of Fundy and Atlantic ocean." Terms "Atlantic By these instructions it is to be observed that the United States are said to be bounded on the north "by a line to be drawn from the northwest angle of Nova Scotia along the highlands which divide those rivers which empty themselves into the river St. Lawrence, from those which fall into the Atlantic ocean," and on the east "by a line to be drawn along the middle of St. John's river from its source to its mouth in the bay of Fundy.” The description here given of the "highlands" which form the northern boundary of the United States, differs from the description given in the Quebec proclamation and the Quebec Secret Journals of Congress, For. Aff. II. 225-226; Am. State Papers, For. Rel. VI. 866; Wharton's Dip. Cor. Am. Rev. III. 301. act of the "highlands" which form the southern boundary of that province, only in the use of the term "Atlantic Ocean" instead of the term "sea." In the proclamation and act of Parliament the description is "the highlands which divide the rivers that empty themselves into the river St. Lawrence, from those which fall into the Sea." Northwest Angle of The point from which the boundary of the United States was to be drawn along the "highlands" was designated in the instructions as the "northwest angle of Nova Scotia;" and this angle obviously was formed by the contact of the eastern boundary of the United States, which was also the western boundary of Nova Scotia, with the "highlands" running westward from the Bay of Chaleurs aud forming in part the northern boundary of the United States and of Nova Scotia alike. But how was it that the "source" of the St. John could form such an angle? This question may be answered by looking at Mitchell's map, on which the River St. John, where it strikes the due north line from the source of the St. Croix, branches to the north as well as to the west, the northern branch finding its origin in a body of water called Lake Medousa, which lies on the same due north line, close by the head waters of streams falling into the River St. Lawrence. Here evidently was the "northwest angle of Nova Scotia” mentioned in the instructions. Congress. For the boundaries above outlined, and all Final Instructions of the countries and islands lying within them, the representative of the United States was instructed strongly to contend; but he was authorized, if the line to be drawn from the mouth of Lake Nepissing to the head of the Mississippi could not be obtained without continuing the war for that purpose, to agree to some other line between that point and the Mississippi, provided no part of it should be south of the forty-fifth parallel of north latitude. In like manner he was also empowered, if the eastern boundary as described could not be obtained, to agree that it should be adjusted by commissioners "according to such line as shall be by them settled and agreed on as the boundary between that part of the State of Massachusetts Bay, formerly called the Province of Maine, and the colony of Nova Scotia, agreeably to their respective rights." On the 15th day of June 1780 Congress adopted final instructions to Adams, Franklin, Jay, Laurens, and Jefferson, who had been chosen as peace commissioners, in which they were authorized" to secure the interest of the United States in such a manner as circumstances may direct, and as the state of the belligerent and the disposition of the mediating powers may require," "provided that Great Britain be not left in possession of any part of the Thirteen United States."1 Committee. On the 16th of August 1782 a special comReport of Special mittee consisting of Messrs. Carroll, Randolph, and Montgomery made a report to Congress of certain facts and observations, which they recommended should be referred to the secretary for foreign affairs, to be by him digested, completed, and transmitted to the plenipotentiaries for negotiating a peace, for their information and use. In this report the historical facts of the boundary are reviewed, and it is said that the country called Sagadahock "cannot be proved to extend to the river St. John as clearly as that of St. Croix." It is stated, however, that in the altercation between France and Great Britain in 1751 the southwest boundary of Nova Scotia was asserted by the latter to be the Pentagonet or Penobscot River. Indeed, the chief if not the only uncertainty in regard to the confines of Nova Scotia, apart from that due to a lack of topographical knowledge, grew out of the rival claims put forward by France and Great Britain with a view to enlarge their respective boundaries and limit each other's possessions. Negotiations at When negotiations for a treaty of peace between the United States and Great Britain were begun at Paris in the summer of 1782, Adams was detained in the Netherlands, Laurens had resigned his commission, and Jefferson had declined to serve. The United States were therefore represented by Franklin and Jay; Great Britain by Richard Oswald. On the 8th of October 1782, the very day on which Adams triumphantly concluded a treaty of amity and commerce and a convention Wharton's Dip. Cor. Am. Rev. IV. 504–505. 2 Secret Journals of Congress, Foreign Affairs, III. 161–171. See a report of the legislature of Massachusetts of October 27, 1781, laid before Congress November 17, 1781, on boundaries. (Am. State Papers, For. Rel. VI. 866.) See, also, Livingston to Franklin, January 7, 1782, Wharton's Dip. Cor. Am. Rev. V. 87-97. |