It seems, however, that the boundaries between the Anglo-American territories, and those of His pano-America, were to remain an inexhaustible source of vexatious litigation, in the form of diplo matic controversy. France sold Louisiana, as France held that province under original discovery and original colonization. From the time that the first French colony landed on the northern coast of the Gulf of Mexico, to the treaty of 1763, the west ern boundary of the French province was matter of perpetual dispute between the two governments and their respective agents. France claimed to St. Bernard's Bay, where La Salle landed in 1685; Spain claimed to within nine miles of Natchitoches on Red River, at a small creek called by the Span iards Rio Hondo. The disputed territory included a great part of the large country of Texas. The entire cession of Louisiana to Spain, silenced the contest during the 40 years from 1763 to 1803. The United States, representing France, very natu rally revived the claim to the westward, and the field of negotiation on that subject. was again thrown open; hut the importance of the western boundary was soon lost sight of, in a discovery that whilst Spain nominally held East Florida, distrac tion reigned on the southern border of the United States. In all diplomatic discussions, the highest object at issue is the happiness of the people who are to be affected by interstipulations. If the lives even of millions had not been at jeopardy, we might well smile to hear the government of France charg ing that of the United States with proceedings which nothing can authorise towards a power, which has long occupied, and still occupies, one of the first ranks in Europe." This was the diplo matic language of M. Talleyrand in December 1804, when France was treating the whole Spanish monarchy with far less ceremony than she would have dared to do one of her own departments. The real fact was, that from the beginning of this cen tury, and in particular from 1808, the power of Spain had ceased as to all beneficent purposes, and existed on the continent of America for those only injurious to mankind. West Florida, and after wards East Florida, afforded instances, which, in termingling with the history of the United States, we feel interested to trace to the abatement of the evil. We cannot however follow, step by step, negotiations, which on one side were conducted with evident design of delay. The shores and havens of Florida became the resort of every spe cies of armament which, without national responsi bility, could vex and plunder those employed in the legal pursuits of commerce. In the war between the United States and Great Britain, the whole province became a hostile flank to the former, and it is amongst the most singular instances of a de parture from the ratio ultimo rer,unt, of which history affords us an example, that it was not permanently occupied by the military and naval force of the United States. More rational and more positively efficacious measures were adopted, and after tedious preliminary discussions and cor respondence, a treaty of amity, settlement, and limits, was signed at Washington on the 22d February 1819. The negotiators were, on the part of the United States, John Quincy Adams, and on that of Spain Don Louis de Onis. Of this treaty, the parts relevant to our purpose are: "ART. 2. His catholic majesty cedes to the United States, in full property and sovereignty, all the territories which belong to him, situated to the eastward of the Mississippi, known by the name of East and West Florida, Ste." "ART. 3. The boundary line between the two countries, west of the Mississippi, shall begin on the Gulf of Mexico, at the mouth of the Sabine, in the sea, continuing north along the western bank of that river, to the 32d degree of north latitude; thence by a line due north, to the degree of latitude where it strikes the Rio Roxo of Natchitoches, or Red River; then, following the course of the Rio Roxo westward, to the degree of longitude 100, west from London, and 23 from Washington; then crossing the said Red River, and running thence, by a line due north, to the river Arkansas; thence, following the course of the southern bank of the Arkansas, to its source, in latitude 42° North; and thence, by that parallel of latitude, to the South Sea; the whole being, as laid down on Melish's Map of the United States, published at Philadel phia, and improved to the first of January 1818. But, if the source of the Arkansas river shall be found to fall north or south of latitude then the line shall run from the said source due south or north, as the case may be, till it meets the said par allel of latitude 42°, and thence, along said parallel to the South Sea. All the islands in the Sabine, and the said Red and Arkansas rivers, throughout the course thus described, to belong to the United States: but the use of the waters, and the navigation of the Sabine to the sea, and of the said rivers Roxo and Arkansas, throughout the extent of the said boundary, on their respective banks, shall be com mon to the respective inhabitants of both nations." " The two high contracting parties agree to cede and renounce all their rights, claims and preten sions, to the territories described by the said line, that is to say: the United States hereby cede to his Catholic Majesty, and renounce forever, all their rights, claims, and pretensions, to the territories lying west and south of the above described line; and, in like manner, his Catholic Majesty cedes to the said United States, all his rights, claims, and pretensions, to any territories east and north of the said line; and for himself, his heirs and suc cessors, renounces all claim to the said territories forever.*" ART. 4. Provides for the survey of the boundary, as designated in the preceding, by a commissioner and surveyor, who were to have been appointed by each nation, and who were " to meet before the ter mination of one year, from the date of the ratifica tion of this treaty, at Natchitoches, on the Red river, and proceed to run and mark the said line, Sce." But, the delays in the ratification of the
treaty on the part of Spain, and other causes, have operated to prevent any steps being taken to estab lish any part of the immense boundary which ob liquely crosses the continent of North America, and, without estimating the minute curves of rivers, amounts to at least 2300 statute miles.
When we read the treaty of Washington, we are led to infer from its phraseology, that the original draught had been made in English, and that uncom mon care had been used to render the stipulations clear and perspicuous; but it appeared that no lan guage could protect the United States from tedious delay on the part of Spain, even in cases where no assignable pretext or benefit gave excuse. Pretexts were made, however, and though in this instance Spain received no countenance from the other powers of Europe, but rather on the contrary was advised to close amicably a negotiation in which the entire civilized world was directly or indirectly concerned, yet it was not until the 24th of October 1820, that the treaty was ratified by the king of Spain; and on the 22d February 1821 the ratifica tions were exchanged at 'Washington.
If we regard it in all its bearings, the treaty of Washington with Spain, was one of the most im portant transactions in which the United States were ever, engaged. It closed, at least for the pre sent age, a most intricate series of negotiations of nearly 40 years duration, and extended the land bor der of the United States to the Gulf of 'Mexico. But the day must come, and is not very distant, when a most complex, and—unless more prompt than the mother country,—a most tedious negotiation will arise with Mexico. If we except a small share of this extended national border on the Sabine, every other part is liable to conflicting construction from the terms of the treaty.
We now proceed to notice the boundary of the United States on the side of the British provinces of New Brunswick and Lower Canada, by quot ing the whole second article of the treaty of peace of 1783, between Great Britain and the United States, which affords a striking example of how inadequate are the terms of human language to defend against human ingenuity.
"Art 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:—from the north west 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 north-westernmost 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;t thence along the middle of said river, into Lake Ontario, through the middle of said lake until it strikes the commu nication by water between that lake and Lake Erie; thence along the middle of said communication into Lake Erie, through the middle of said lake until it arrives at the water communication be tween 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 Philipeaux, to the Long Lake; thence through the middle of the 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 north-western 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 men tioned, in the latitude of thirty-one degrees north of the equator, to the middle of the river Apalachi cola or Catahouche; 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. East, by a line to be drawn along the mid dle 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 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, 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 Nova Scotia." This article, which opens with a promise of pre venting disputes respecting boundaries, contains, except those parts which are palpably natural, no specified boundary which was not liable to be the ground of protracted dispute; and one of the most serious magnitude has arisen in regard to the first and last boundary comprised under its stipulations. To render the causes of this contest more in telligible to the reader, we enter into some geogra phical detail.