To show the basis on which the title rests--

It is maintained on the part of the United States that the territory

they held on the continent of North America prior to the purchase of

Louisiana and the Floridas was possessed by a title derived from their

own Declaration of Independence on the 4th of July, 1776, the assertion

of that independence in a successful war, and its acknowledgment by

Great Britain as a preliminary to any negotiation for a treaty of peace.

It is admitted on the part of Great Britain that a territory designated

by certain limits was _granted_ to the United States in the treaty of

1783. As a matter of national pride, the question whether the territory

of the original United States was held by the right of war or by virtue

of a grant from the British Crown is not unimportant; as a basis of

title it has not the least bearing on the subject. From the date of the

treaty of 1783 all pretensions of the British Crown to jurisdiction or

property within the limits prescribed by the provisions of that

instrument ceased, and when a war arose in 1812 between the two nations

it was terminated by the treaty of Ghent, in which the original

boundaries were confirmed and acknowledged on both sides.

The treaty of 1783, therefore, is, in reference to this territory, the

only instrument of binding force upon the two parties; nor can any other

document be with propriety brought forward in the discussion except for

the purpose of explaining and rendering definite such of the provisions

of that treaty as are obscure or apparently uncertain.

The desire of full and ample illustration, which has actuated both

parties, has led to the search among neglected archives for documents

almost innumerable, and their force and bearing upon the question have

been exhibited in arguments of great ability. Such has been the talent

shown in this task of illustration and so copious have been the

materials employed for the purpose that the great and only important

question, although never lost sight of by the writers themselves, has

to the eye of the casual observer been completely hidden. In the report

under consideration this distinction between treaties of binding force

and documents intended for mere illustration has not been regarded, and

the vague as well as obviously inaccurate delineations of a French or a

Venetian map maker are gravely held forth as of equal value for a basis

of argument as the solemn and ratified acts of the two nations.

In pursuance of this desire of illustration, every known document which

could in any form support either claim has been advanced and set forth

in the statements laid before His Majesty the King of the Netherlands

when acting as umpire under the fifth article of the treaty of Ghent. If

not yet given entire to the public,[39] they are in the possession of

both Governments in a printed form, together with the opinion of the

arbiter in respect to them; and although it is necessary that the

arguments then adduced in favor of the American claim should be in part

repeated, and although new illustrations of the correctness of that

argument have since been brought to light, the present document will be

confined as closely as possible to the provisions of the treaty itself,

and will adduce no more of illustration than is barely sufficient to

render the terms of that treaty certain and definite.

[Footnote 39: A considerable part of the papers, together with the

argument, has been published by Mr. Gallatin in his Right of the United

States to the Northeastern Boundary. New York, 1840. 8 vo. pp. 180.]

The boundaries of the United States are described in the treaty of 1783

in the following words:[40]

[Footnote 40: The words here appearing in italics are not italicized in

the original treaty.]

"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

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; _thence_ down along the middle of that river to

the forty-fifth degree of north latitude; from thence by a line due west

on said latitude until it strikes the river Iroquois, or Cataraquy;

thence along the middle of said river into Lake Ontario; through the

middle of said lake until it strikes the communication by water between

that lake and Lake Brie; thence along the middle of said communication

into Lake Erie through the middle of said lake until it arrives at the

water communication between that lake and Lake Huron; thence along the

middle of said water communication into the Lake Huron; thence through

the middle of said lake to the water communication between that lake and

Lake Superior; thence through Lake Superior northward of the Isles Royal

and Phelipeaux to the Long Lake; thence through the middle of said Long

Lake and the water communication between it and the Lake of the Woods to

the said Lake of the Woods; thence through the said lake to the most

northwestern point thereof, and from thence on a due west course to the

river Mississippi; thence by a line to be drawn along the middle of the

said river Mississippi until it shall intersect the northernmost part of

the thirty-first degree of north latitude; south by a line to be drawn

due east from the determination of the line last mentioned in the

latitude of 31° north of the equator to the middle of the river

Apalachicola, or Catahouche; thence along the middle thereof to its

junction with the Flint River; thence straight to the head of St. Marys

River, and thence down along the middle of St. Marys River to the

Atlantic Ocean; 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; comprehending all islands within 20 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 shall

respectively touch the Bay of Fundy and the Atlantic Ocean, excepting

such islands as now are or heretofore have been within the limits of

the said Province of Nova Scotia."

So far as the present question is concerned, five points of discussion

are presented by this article of the treaty of 1783:

A Compilation of the Messages and Papers of the Presidents. Volume 4, part 2: John Tyler · 第 113 / 403 题