formable to the treaty of peace to establish it as the bourr dary. Supposing, on the other hand, that the treaty of peace should be literally executed as far as practicable, and the line drawn from Joes Point due eastwardly, Great Britain would be excluded from both passages. At present it is believed that the following description of the passage, to be settled as the boundary, would be satisfactory to both nations: "Beginning in the middle of the channel of the river St. Croix, at its mouth, thence direct to the middle of the channel between Pleasant point and Deer Island, thence through the middle of the channel between Deer Island on the east and north, and Moose Island and Campo Bello Island on the west and south, and round the eastern point of Campo Bello Island to the bay of Fundy." The other western channel has a bar across it, which is dry at low water.

These ideas are thrown out only for consideration. I shall probably have it in my power shortly to transmit you a commission to settle this point, with definitive instructions. Meanwhile you may break the business to the British ministry, but without implicating any fixed mode of settlement.

Mr. Madison to Mr. King. Department of State, June 8,

1802.

SIR, You will herewith receive a commission, giving you powers to adjust by proper stipulations with the British government whatever remains to be decided in relation to the boundaries between the two nations.

In executing the first part of this trust relating to the bay of Passamaquoddy, you will recur to the observations contained in my letter of 28th July last. I refer you, also, to a copy herewith enclosed of a letter from judge Sullivan, heretofore agent of the United States on the controversy regarding the river St. Croix, in answer to some inquiries from me on the subject now committed to you. His information and his reasoning will be useful in the discussion; and to illustrate both I also enclose herewith a copy of the map to which he refers in the beginning of his letter.

The essential objects to be secured to the United States are the jurisdiction of Moose Island, and the common navi. gation of the bay, and of the channels leading towards the sea between Deer Island and the island of Campo Bello, To the observations of judge Sullivan in support of the rights of the United States, it need only be added, that the outlet through Moose Island being the only adequate communication with the sea from a great and valuable territory

of the United States, they are entitled to the full use of it on that principle as well as on others; and with the less pretext for objection, as the trifling island of Campo Bello is the only territory held by Great Britain on one side of the channel.

In pursuance of the next object, viz. the establishment of boundaries between the United States and New Brunswick on one side, and of Canada on another, it will be proper to provide for the immediate extension of the line which is to run from the south of the St. Croix, and which is represented as necessary to guard against interfering or encroaching grants under American and British authorities. As the course of this lin is to be due north, and is to proceed from the point fixed by a survey already made, the running of it will be sufficiently provided for by an appointment of a commissioner by each of the two governments, and an appointment by the two commissioners of a surveyor. In fixing the point at which the line is to terminate, and which is referred to as the northwest angle of Nova Scotia, the difficulty arises from a reference of the treaty of 1783" to the high lands," which it is now found have no definite existence. To cure this difficulty, no better expedient occurs than to provide for the appointment of a third commissioner, as in article v. of the treaty of 1794, and to authorize the three to determine on a point most proper to be substituted for the description. in article 11. of the treaty of 1783, having due regard to the general idea that the line ought to terminate on the elevated ground dividing the rivers falling into the Atlantick from those emptying themselves into the St. Lawrence. The commissioners may also be authorized to substitute for the description of the boundary between the point so fixed and the northwesternmost head of Connecticut river, namely, a line drawn" along the said highlands," such a reference to intermediate sources of rivers or other ascertained or ascertainable points to be connected by straight lines, as will admit of easy and accurate execution hereafter, and as will best comport with the apparent intention of the treaty of 1783.

The remaining provision necessary to complete the boundary of the United States, will be a stipulation amending the second article of the treaty of 1783, in its description of the line which is to connect the most northwestern point of the Lake of the Woods with the Mississippi. The description supposes that a line running due west from that point would intersect the Mississippi. It is now well understood that the highest source of the Mississippi is south of the Lake of

the Woods, and consequently that a line due west from its most northwestern point would not touch any part of that river. To remedy this errour, it may be agreed that the boundary of the United States in that quarter shall be a line running from that source of the Mississippi which is nearest to the Lake of the Woods, and striking it westwardly as a tangent, and from the point touched along the water mark of the lake to its most northwestern point at which it will meet the line running through the lake. The map in Mc'Kensie's late publication is probably the best to which I can refer you on this subject.

From the mutual and manifest advantage to Great Britain and the United States, of an adjustment of all uncertainties concerning boundary, it is hoped you will find a ready concurrence in all the propositions which you will have to make to them. Should difficulties or delays threaten those which relate to the boundary connecting the Mississippi and the Lake of the Woods, or that connecting Connecticut river and the point to be established as the northeast corner of the United States, it will be proper to separate from these the other subjects of negotiation, and to hasten the latter to a conclusion. With the highest respect and consideration, &c. JAMES MADISON.

Judge Sullivan to the Secretary of State. Boston, May 20,

1802.

SIR. Having the honour of receiving your letter of the 10th instant, Ihasten to communicate to you my ideas of the subject matter of its contents.

When I was under a commission, as agent of the United States, on the controversy with Great Britain, regarding the "river St. Croix, I forwarded to the office of the Secretary of State, a map of the bay of Passamaquoddy, of the Schoodick, and of the lines of the whole dispute. That map was accurately and elegantly composed from astronomical observations and actual surveys. As that map is under your eye, there is no need of my sending a fac simile, but I refer you to that for an explanation of this letter.

The treaty of 1783 with Great Britain, evidently contemplates a river, as the St. Croix, which has its mouth in the bay of Fundy. Both rivers claimed by the parties, empty their waters in the bay of Passamaquoddy. The agent of the United States urged the commissioners to settle the boundary through that bay to the sea; because the treaty expressly recoguised the mouth of the river, as in the

bay of Fundy, which is a limb of the ocean, and the other bay united with it, might be considered as the river's mouth; but they declined it, on an idea that their commis. sion extended no farther than to an authority to find the mouth and source of the river, and that, let which ever would be the river, it had its mouth three leagues from the sea, in Passamaquoddy bay. They therefore limited their decision, on its southerly line, to a point between St. Andrews, and the shore of the United States.

The whole of the waters of Passamaquoddy, eastward and northward of Moose Island, and of the island of Campo Bello, are navigable for vessels of any burden. The channel between Moose and Deer Islands is the best. The channel between Moose Island and the continent of the - United States is shoal, narrow, and not navigable for vessels of consequence. That between Campo Bello and the main, called the west passage, is rendered hazardous and dangerous by a bar of rocks, and is so narrow and shoal, that no vessel of considerable size will be risked there, excepting on a fair wind, and at the top of high water. The tides there are exceedingly rapid, and rise nearly fifty feet. Therefore any settlement which would deprive the United States of a free navigation, as far to the eastward and northward as the channel you propose, that is, to the one between Moose and Deer Islands, and north of Campo Bello, would ultimately destroy the important commerce and valuable navigation of an extensive territory within the United States; for as you may observe on the maps, there is no river of consequence between the Schoodick and the Penobscot ; and that the waters which issue from numerous and extensive lakes, in the interior parts of the country, running into the sea, as the Schoodick, will give an advantageous and invaluable transportation to the articles of

commerce.

Your construction of the treaty of 1783, which renders the waters dividing the nations common to both, (where they are navigable) must be reasonable and just. The English people have, in many instances, practised upon the treaty under such a construction. There has been no interruption to the American navigation in any part of Passamaquoddy bay; but our vessels have proceeded through that bay to the shore of the United States, at and near Moose Island, and have gone into the Schoodick above St. Andrew's point, and anchored on the western side of the channel, where they have discharged their cargoes. There have been some seizures, where goods have been carried from

those vessels over to the English side, but the goods have been condemned, and the vessel discharged. These seizures, being made within the jurisdiction of the United States, as to the vessels, were clearly infractions of the law of nations. There was a seizure lately made of a vessel of one Goddard, of Boston. She was taken from her anchor, on the American side of the channel, in the river established by the commis-/ sioners as the St. Croix, and carried over to New Brunswick; but she was acquitted by the court of admiralty, with damages and costs. Campbell, who made the seizure, appealed to England, merely to avoid the costs and damages, where the cause is now depending under the attention of Robert Slade, a proctor, who is the advocate for Mr. Goddard.

There is a clause in the treaty that the United States shall comprehend the islands within twenty leagues of any of the shores of the United States, and lying between lines drawn due east from the aforesaid boundaries between Nova Scotia on the one part, and East Florida on the other, as they shall respectively touch the bay of Fundy, and the Atlantick ocean. This circumstance, that the mouth of the St. Croix is settled to be between St. Andrews point on the east, and the American shore on the west, three leagues within the island of Campo Bello, draws this consequence to the treaty, that nearly all the islands in Passamaquoddy Bay are within the United States by the above provision in the treaty, unless they are taken out by an exception, which I shall presently notice. A line due east, (as you will see on the plan,) from the Schoodick mouth at St. Andrews point, takes in nearly all the bay. A line south, 67° east, will go to the north of Čampo Bello, and take too thirds of Deer Island on the west. A south east line from the middle of the Schoodick mouth, passes on the channel between Moose and Deer Islands, and through the centre of Campo Bello. The consequences attached to this provision may be in some measure controlled by an exception annexed to it, in these words, "excepting such islands as now are, or heretofore have been, within the limits of the province of Nova Scotia."

The island of Campo Bello is confessedly within the exception, and therefore it may be said, that the principle of common privilege to navigable waters will not give our nation a right to a navigation northward of, and between that and the other islands in the bay, because that they, being all within the same exception, the right of a common navigation in both nations may not extend to the waters between that and them. But the answer to this is, that the