First. A treaty to settle and define the boundaries between the
territories of the United States and the possessions of Her Britannic
Majesty in North America, for the suppression of the African slave
trade, and the surrender of criminals fugitive from justice in certain
cases.
Second. A correspondence on the subject of the interference of the
colonial authorities of the British West Indies with American merchant
vessels driven by stress of weather or carried by violence into the
ports of those colonies.
Third. A correspondence upon the subject of the attack and destruction
of the steamboat _Caroline_.
Fourth. A correspondence on the subject of impressment.
If this treaty shall receive the approbation of the Senate, it will
terminate a difference respecting boundary which has long subsisted
between the two Governments, has been the subject of several ineffectual
attempts at settlement, and has sometimes led to great irritation, not
without danger of disturbing the existing peace. Both the United States
and the States more immediately concerned have entertained no doubt of
the validity of the American title to all the territory which has been
in dispute, but that title was controverted and the Government of the
United States had agreed to make the dispute a subject of arbitration.
One arbitration had been actually had, but had failed to settle the
controversy, and it was found at the commencement of last year that a
correspondence had been in progress between the two Governments for a
joint commission, with an ultimate reference to an umpire or arbitrator
with authority to make a final decision. That correspondence, however,
had been retarded by various occurrences, and had come to no definite
result when the special mission of Lord Ashburton was announced. This
movement on the part of England afforded in the judgment of the
Executive a favorable opportunity for making an attempt to settle this
long-existing controversy by some agreement or treaty without further
reference to arbitration.
It seemed entirely proper that if this purpose were entertained
consultation should be had with the authorities of the States of
Maine and Massachusetts. Letters, therefore, of which copies are
herewith communicated, were addressed to the governors of those States,
suggesting that commissioners should be appointed by each of them,
respectively, to repair to this city and confer with the authorities
of this Government on a line by agreement or compromise, with its
equivalents and compensations. This suggestion was met by both States
in a spirit of candor and patriotism and promptly complied with.
Four commissioners on the part of Maine and three on the part of
Massachusetts, all persons of distinction and high character, were duly
appointed and commissioned and lost no time in presenting themselves at
the seat of the Government of the United States. These commissioners
have been in correspondence with this Government during the period of
the discussions; have enjoyed its confidence and freest communications;
have aided the general object with their counsel and advice, and in the
end have unanimously signified their assent to the line proposed in the
treaty.
Ordinarily it would be no easy task to reconcile and bring together such
a variety of interests in a matter in itself difficult and perplexed,
but the efforts of the Government in attempting to accomplish this
desirable object have been seconded and sustained by a spirit of
accommodation and conciliation on the part of the States concerned,
to which much of the success of these efforts is to be ascribed.
Connected with the settlement of the line of the northeastern boundary,
so far as it respects the States of Maine and Massachusetts, is the
continuation of that line along the highlands to the northwesternmost
head of Connecticut River. Which of the sources of that stream is
entitled to this character has been matter of controversy and of some
interest to the State of New Hampshire. The King of the Netherlands
decided the main branch to be the northwesternmost head of the
Connecticut. This did not satisfy the claim of New Hampshire. The line
agreed to in the present treaty follows the highlands to the head of
Halls Stream and thence down that river, embracing the whole claim of
New Hampshire and establishing her title to 100,000 acres of territory
more than she would have had by the decision of the King of the
Netherlands.
By the treaty of 1783 the line is to proceed down the Connecticut
River to the forty-fifth degree of north latitude, and thence west by
that parallel till it strikes the St. Lawrence. Recent examinations
having ascertained that the line heretofore received as the true line of
latitude between those points was erroneous, and that the correction of
this error would not only leave on the British side a considerable tract
of territory heretofore supposed to belong to the States of Vermont and
New York, but also Rouses Point, the site of a military work of the
United States, it has been regarded as an object of importance not only
to establish the rights and jurisdiction of those States up to the line
to which they have been considered to extend, but also to comprehend
Rouses Point within the territory of the United States. The
relinquishment by the British Government of all the territory south of
the line heretofore considered to be the true line has been obtained,
and the consideration for this relinquishment is to inure by the
provisions of the treaty to the States of Maine and Massachusetts.
The line of boundary, then, from the source of the St. Croix to the St.
Lawrence, so far as Maine and Massachusetts are concerned, is fixed by
their own consent and for considerations satisfactory to them, the chief
of these considerations being the privilege of transporting the lumber
and agricultural products grown and raised in Maine on the waters of the
St. Johns and its tributaries down that river to the ocean free from
imposition or disability. The importance of this privilege, perpetual
in its terms, to a country covered at present by pine forests of great
value, and much of it capable hereafter of agricultural improvement, is
not a matter upon which the opinion of intelligent men is likely to be
divided.
So far as New Hampshire is concerned, the treaty secures all that she
requires, and New York and Vermont are quieted to the extent of their
claim and occupation. The difference which would be made in the northern
boundary of these two States by correcting the parallel of latitude may
be seen on Tanner's maps (1836), new atlas, maps Nos. 6 and 9.
From the intersection of the forty-fifth degree of north latitude
with the St. Lawrence and along that river and the lakes to the water
communication between Lake Huron and Lake Superior the line was
definitively agreed on by the commissioners of the two Governments
under the sixth article of the treaty of Ghent; but between this
last-mentioned point and the Lake of the Woods the commissioners acting
under the seventh article of that treaty found several matters of
disagreement, and therefore made no joint report to their respective
Governments. The first of these was Sugar Island, or St. Georges Island,
lying in St. Marys River, or the water communication between Lakes Huron
and Superior. By the present treaty this island is embraced in the
territories of the United States. Both from soil and position it is
regarded as of much value.
Another matter of difference was the manner of extending the line from
the point at which the commissioners arrived, north of Isle Royale,
in Lake Superior, to the Lake of the Woods. The British commissioner
insisted on proceeding to Fond du Lac, at the southwest angle of the
lake, and thence by the river St. Louis to the Rainy Lake. The American
commissioner supposed the true course to be to proceed by way of the Dog
River. Attempts were made to compromise this difference, but without
success. The details of these proceedings are found at length in the
printed separate reports of the commissioners.
From the imperfect knowledge of this remote country at the date of
the treaty of peace, some of the descriptions in that treaty do not
harmonize with its natural features as now ascertained. "Long Lake" is
nowhere to be found under that name. There is reason for supposing,
however, that the sheet of water intended by that name is the estuary
at the mouth of Pigeon River. The present treaty therefore adopts that
estuary and river, and afterwards pursues the usual route across the
height of land by the various portages and small lakes till the line
reaches Rainy Lake, from which the commissioners agreed on the extension
of it to its termination in the northwest angle of the Lake of the
Woods. The region of country on and near the shore of the lake between
Pigeon River on the north and Fond du Lac and the river St. Louis on
the south and west, considered valuable as a mineral region, is thus
included within the United States. It embraces a territory of 4,000,000
acres northward of the claim set up by the British commissioner under
the treaty of Ghent. From the height of land at the head of Pigeon River
westerly to the Rainy Lake the country is understood to be of little
value, being described by surveyors and marked on the map as a region
of rock and water.
From the northwest angle of the Lake of the Woods, which is found to be
in latitude 45° 23' 55" north, existing treaties require the line to be
run due south to its intersection with the forty-fifth parallel, and
thence along that parallel to the Rocky Mountains.
After sundry informal communications with the British minister upon the
subject of the claims of the two countries to territory west of the
Rocky Mountains, so little probability was found to exist of coming
to any agreement on that subject at present that it was not thought
expedient to make it one of the subjects of formal negotiation to be
entered upon between this Government and the British minister as part
of his duties under his special mission.
By the treaty of 1783 the line of division along the rivers and lakes
from the place where the forty-fifth parallel of north latitude strikes
the St. Lawrence to the outlet of Lake Superior is invariably to be
drawn through the middle of such waters, and not through the middle of
their main channels. Such a line, if extended according to the literal
terms of the treaty, would, it is obvious, occasionally intersect
islands. The manner in which the commissioners of the two Governments
dealt with this difficult subject may be seen in their reports. But
where the line thus following the middle of the river or water course
did not meet with islands, yet it was liable sometimes to leave the only
practicable navigable channel altogether on one side. The treaty made no
provision for the common use of the waters by the citizens and subjects
of both countries.
It has happened, therefore, in a few instances that the use of the river
in particular places would be greatly diminished to one party or the
other if in fact there was not a choice in the use of channels and
passages. Thus at the Long Sault, in the St. Lawrence--a dangerous
passage, practicable only for boats--the only safe run is between the
Long Sault Islands and Barnharts Island (all which belong to the United
States) on one side and the American shore on the other. On the other
hand, by far the best passage for vessels of any depth of water from
Lake Erie into the Detroit River is between Bois Blanc, a British
island, and the Canadian shore. So again, there are several channels or
passages, of different degrees of facility and usefulness, between the
several islands in the river St. Clair at or near its entry into the
lake of that name. In these three cases the treaty provides that all the
several passages and channels shall be free and open to the use of the
citizens and subjects of both parties.
The treaty obligations subsisting between the two countries for the
suppression of the African slave trade and the complaints made to this
Government within the last three or four years, many of them but too
well founded, of the visitation, seizure, and detention of American
vessels on that coast by British cruisers could not but form a delicate
and highly important part of the negotiations which have now been held.
The early and prominent part which the Government of the United States
has taken for the abolition of this unlawful and inhuman traffic is well
known. By the tenth article of the treaty of Ghent it is declared that
the traffic in slaves is irreconcilable with the principles of humanity
and justice, and that both His Majesty and the United States are
desirous of continuing their efforts to promote its entire abolition;
and it is thereby agreed that both the contracting parties shall use
their best endeavors to accomplish so desirable an object. The
Government of the United States has by law declared the African slave
trade piracy, and at its suggestion other nations have made similar
enactments. It has not been wanting in honest and zealous efforts, made
in conformity with the wishes of the whole country, to accomplish the
entire abolition of the traffic in slaves upon the African coast, but
these efforts and those of other countries directed to the same end have
proved to a considerable degree unsuccessful. Treaties are known to have
been entered into some years ago between England and France by which the
former power, which usually maintains a large naval force on the African
station, was authorized to seize and bring in for adjudication vessels
found engaged in the slave trade under the French flag.
It is known that in December last a treaty was signed in London by the
representatives of England, France, Russia, Prussia, and Austria having
for its professed object a strong and united effort of the five
powers to put an end to the traffic. This treaty was not officially
communicated to the Government of the United States, but its provisions
and stipulations are supposed to be accurately known to the public.
It is understood to be not yet ratified on the part of France.
No application or request has been made to this Government to become
party to this treaty, but the course it might take in regard to it has
excited no small degree of attention and discussion in Europe, as the
principle upon which it is founded and the stipulations which it
contains have caused warm animadversions and great political excitement.
In my message at the commencement of the present session of Congress
I endeavored to state the principles which this Government supports
respecting the right of search and the immunity of flags. Desirous of
maintaining those principles fully, at the same time that existing
obligations should be fulfilled, I have thought it most consistent with
the honor and dignity of the country that it should execute its own laws
and perform its own obligations by its own means and its own power.
The examination or visitation of the merchant vessels of one nation
by the cruisers of another for any purpose except those known and
acknowledged by the law of nations, under whatever restraints or
regulations it may take place, may lead to dangerous results. It is far
better by other means to supersede any supposed necessity or any motive
for such examination or visit. Interference with a merchant vessel by an
armed cruiser is always a delicate proceeding, apt to touch the point of
national honor as well as to affect the interests of individuals. It has
been thought, therefore, expedient, not only in accordance with the
stipulations of the treaty of Ghent, but at the same time as removing
all pretext on the part of others for violating the immunities of the
American flag upon the seas, as they exist and are defined by the law
of nations, to enter into the articles now submitted to the Senate.
The treaty which I now submit to you proposes no alteration, mitigation,
or modification of the rules of the law of nations. It provides simply
that each of the two Governments shall maintain on the coast of Africa
a sufficient squadron to enforce separately and respectively the laws,
rights, and obligations of the two countries for the suppression of the
slave trade.
Another consideration of great importance has recommended this mode of
fulfilling the duties and obligations of the country. Our commerce along
the western coast of Africa is extensive, and supposed to be increasing.
There is reason to think that in many cases those engaged in it have met
with interruptions and annoyances caused by the jealousy and instigation
of rivals engaged in the same trade. Many complaints on this subject
have reached the Government. A respectable naval force on the coast is
the natural resort and security against further occurrences of this
kind.
The surrender to justice of persons who, having committed high crimes,
seek an asylum in the territories of a neighboring nation would seem to
be an act due to the cause of general justice and properly belonging to
the present state of civilization and intercourse. The British Provinces
of North America are separated from the States of the Union by a line of
several thousand miles, and along portions of this line the amount of
population on either side is quite considerable, while the passage of
the boundary is always easy.
Offenders against the law on the one side transfer themselves to the
other. Sometimes, with great difficulty, they are brought to justice,
but very often they wholly escape. A consciousness of immunity from the
power of avoiding justice in this way instigates the unprincipled and
reckless to the commission of offenses, and the peace and good
neighborhood of the border are consequently often disturbed.
In the case of offenders fleeing from Canada into the United States,
the governors of States are often applied to for their surrender, and
questions of a very embarrassing nature arise from these applications.
It has been thought highly important, therefore, to provide for the
whole case by a proper treaty stipulation. The article on the subject
in the proposed treaty is carefully confined to such offenses as all
mankind agree to regard as heinous and destructive of the security of
life and property. In this careful and specific enumeration of crimes
the object has been to exclude all political offenses or criminal
charges arising from wars or intestine commotions. Treason, misprision
of treason, libels, desertion from military service, and other offenses
of similar character are excluded.
And lest some unforeseen inconvenience or unexpected abuse should arise
from the stipulation rendering its continuance in the opinion of one or
both of the parties not longer desirable, it is left in the power of
either to put an end to it at will.
The destruction of the steamboat _Caroline_ at Schlosser four or five
years ago occasioned no small degree of excitement at the time, and
became the subject of correspondence between the two Governments. That
correspondence, having been suspended for a considerable period, was
renewed in the spring of the last year, but no satisfactory result
having been arrived at, it was thought proper, though the occurrence
had ceased to be fresh and recent, not to omit attention to it
on the present occasion. It has only been so far discussed in the
correspondence now submitted as it was accomplished by a violation of
the territory of the United States. The letter of the British minister,
while he attempts to justify that violation upon the ground of a
pressing and overruling necessity, admitting, nevertheless, that
even if justifiable an apology was due for it, and accompanying this
acknowledgment with assurances of the sacred regard of his Government
for the inviolability of national territory, has seemed to me sufficient
to warrant forbearance from any further remonstrance against what took
place as an aggression on the soil and territory of the country. On the
subject of the interference of the British authorities in the West
Indies, a confident hope is entertained that the correspondence which
has taken place, showing the grounds taken by this Government and the
engagements entered into by the British minister, will be found such as
to satisfy the just expectation of the people of the United States.
The impressment of seamen from merchant vessels of this country by
British cruisers, although not practiced in time of peace, and therefore
not at present a productive cause of difference and irritation, has,
nevertheless, hitherto been so prominent a topic of controversy and is
so likely to bring on renewed contentions at the first breaking out of a
European war that it has been thought the part of wisdom now to take it
into serious and earnest consideration. The letter from the Secretary of
State to the British minister explains the ground which the Government
has assumed and the principles which it means to uphold. For the defense
of these grounds and the maintenance of these principles the most
perfect reliance is placed on the intelligence of the American people
and on their firmness and patriotism in whatever touches the honor of
the country or its great and essential interests.