33. THE ASHBURTON TREATY. The Ashburton Treaty (also called Treaty of Washington), a treaty betweenthe United States and Great Britain, signed 9 Aug. 1842, is chiefly important for its settlement of the northeast ern boundary question. The boundary between Massachusetts (subsequently Maine) and Brit ish North America had been in dispute since 1783. The treaty of that year(Art 2) had made the following provision; (4 A n d 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, namely, from the northwest angle of Nova Scotia, namely, that angle which is formed by a line drawn due north from the source of the Saint Croix River, to the High lands; along the said Highlands which divide those rivers that empty themselves into the river Saint Lawrence from those which fall into the Atlantic Ocean, to the northwesternmost head of the Connecticut River; east, by a line tobe drawn along the middle of the river Saint Croix, from its mouth in the Bay of Fundy to its source, and from its source di rectly north to the aforesaid Highlands which divide the rivers that fall into the Atlantic Ocean from those which fall into the river Saint Lawrence.* The article was doubtless drawn in good faith, but owing to the imper fect knowledge of the geography of the terri tory concerned, its meaning was soon involved in doubt. The identity of the river Saint Croix, the location of the Highlands referred to and the ownership of the Passamaquoddy Islands became matters of dispute. The identity of the Saint Croix was settled by a commission in 1798, appointed under the treaty of 1794. Un der the Treaty of Ghent (see GHENT, TREATY OF) (1814) a commission was appointed which settled the Passamaquoddy question by com promise (1817). But the demarcation of the inland boundary seemed long impossible of solution. The American claim located the "northwest angle* at the point where the line due north from the source of the Saint Croix met the Highlands between the rivers flowing into the Saint Lawrence and those flowing into the Atlantic; this established the angle in ques tion "at a place about 144 miles due north from the source of the River Saint Croix, and about 66 miles north of the River Saint John* (United States commissioner, 4 Oct. 1821). The extreme British claim (at any rate after 1814) placed the angle "at or near the mountain or hill called Mars Hill, distant about 40 miles on a 'due north line from the source of the River Saint Croix, and about 37 miles south of the River Saint John* (note of British com missioner 4 Oct. 1821). In each case the boundary proceeded westward and southward along the Highlands to the head-waters of the Connecticut. Between the two there thus lay a disputed territory of 12,000 square miles. After fruitless negotiations a convention of 27 Sept. 1827 referred the boundary to the arbi tration of the King of the Netherlands. His award, however, in 1831 was rejected by the United States.
Meantime the district of Maine had become (1820) a State, and was eager in the defense of its claim to the disputed region. The prog ress of settlement naturally led to conflict and disturbance on the border line, known as the "Aroostook War.* By the year 1840 matters had reached an apparent deadlock in which the adoption of a conventional line seemed the only solution. In addition to the northeastern bound ary, various other matters of controversy were outstanding between the two nations. The English claim of a "right of search* for the suppression of the slave trade created a stand ing difficulty. The destruction of the Caroline (q.v.), an American vessel, by a party of Cana dians during the revolt of 1837 had led to a demand for redress. The British government had met this claim by asserting that the destruc tion of the vessel was a legitimate act of war, the Caroline having carried supplies for the in surgents. A Captain McLeod, a Canadian, ac
cused of participation in the affair, was arrested and brought to trial in New York; in all prob ability nothing but his acquittal prevented actual hostilities. A further complication had arisen in the case of the Creole, a slave ship on which the negroes had revolted (1841), and which they had carried to a British port in the West Indies, where they were allowed to go unmo lested. There was also in question the bound ary of Oregon. To settle these various points at issue, Lord Ashburton (see Asmuirrox, ALEXANDER BARING, LORD) was sent to Wash ington (April 1842) and in conjunction with Daniel Webster, Secretary of State, arranged the treaty commonly known by his name. Ash burton, formerly Mr. Alexander Baring a prominent financier, and for nearly 20 years a member of the House of Commons, had previ ously resided in America, where he married a daughter of Senator Bingham. His known de sire for a good understanding between Britain and America rendered his relations at Wash ington most cordial. He was widely enter tained, and is said to have °spread a social charm over Washington, and filled everybody with friendly feelings toward England." With Webster his relations were especially amicable, and their negotiations assumed an altogether informal character. (See Schouler, (His tory of the United States,' Vol. IV, ch. xvii). To this fact has been partly due the impression ever since prevalent in Canada that the inter ests of that country were sacrificed to the ex pansiveness of Lord Ashburton's feelings. Under the terms of the treaty, the northeast boundary was settled thus (Art. I) : °It Is hereby agreed and declared that the line of boundary shall be as follows: Beginning at the monument at the source of the River Saint Croix, as designated and agreed to by the com missioners under the fifth article of the treaty of 1794 between the governments of Great Britain and the United States; thence north, following the exploring line run and marked by the surveyors of the two governments in the years 1817' and 1818, under the fifth article of the Treaty of Ghent, to its intersection with the River Saint John, and to the middle of the channel thereof ; thence up the middle of the main channel of the said River Saint John into the mouth of the River Saint Francis; thence up the middle of the channel of the said River Saint Francis, and of the lakes through which it flows, to the outlet of the Lake Pohenaga mook; thence southwesterly in a straight line to a point on the northwest branch of the River Saint John.* This locates the main part of the boundary; for details of the further extension of the line, the text of the treaty may be con sulted ((Treaties and Conventions,' Washing ton 1889; 'Annual Register,' 1842). The treaty provided further for the survey and per manent marking of the boundary, which was completed in 1847. Of the disputed territory the United States received about seven-twelfths and Canada five-twelfths. Rouse's Point, on Lake Champlain, was also declared to belong to the United States, the government of that coun try binding itself to pay to Maine and Massa chusetts $300,000 on account of the relinquished territory. The right to carry timber down the Saint John River was granted to the United States. By article 8 of the treaty, it was agreed that each country should maintain on the coast of Africa a sufficient naval force, carrying not less than 80 guns, for the purpose of enforcing, separately and respectively, the laws, rights and obligations of each contracting party for the suppression of the slave trade. The treaty passed over the Caroline and Creole cases (see CREOLE CASE), but declared (Art. 10) that °each party, on requisition from the other, shall deliver up to justice persons charged with murder, assault with intent to murder, piracy, arson, robbery or forgery, upon sufficient proof of their criminality." The spies don of the Oregon boundary was also omitted.