XIV. 1814. CHAP. ment, but to remove the causes of future dispute. For the rights of the Indians a determined stand was to be made, and the boundaries of their territories distinctly laid down; and the former treaties regarding the right of fishing were to be renewed, so far as deep-sea fishing was concerned, but not in so far as they related to fishing within the British maritime jurisdiction, without some equivalent, either in the form of territory or some other way. On the vexed question of the right of search, which was most likely to occasion embarrassment, the commissioners were recommended, if the Americans would concur in it, to waive the discussion of the question altogether, as having practically ceased to have any importance by the general peace. which renders the Indians resentful and discontented, and which, by gradually approximating the American and British settlements, gives both States a motive for interference in Indian affairs which would not otherwise exist. 3. "You may open to the American commission that the British Government is desirous of revising the frontier between the two States, not in the spirit of conquest or dominion, but upon principles which they consider to be strictly defensive, and in this point of view conducive to the well-understood interests of both Powers. It has become the more necessary to reconsider the treaty of 1783, which was very hastily and improvidently framed in this respect, from the intention, so publicly and recently avowed in the acts and proclamations issued by the American Government, of annexing by conquest the Canadas to their dominions. This plan becomes the more alarming, as a part only of a more general system of aggrandisement, in the execution of which they have possessed themselves of Louisiana and a part of both the Floridas in the midst of peace, and whilst Spain was bravely contending for her existence. 4. "But the point upon which you must be quite explicit from the outset of the negotiation is, the construction of the treaty of 1783 with relation to the Fisheries. You will observe that the third article of that treaty consists of two distinct branches :-the first, which relates to the open sea fishery, we consider of permanent obligation, being a recognition of the general right which all nations have to frequent and take fish in the high seas. The latter branch is, on the contrary, considered as a mere conventional arrangement between the two States, and as such to have been annulled by the war. This part of the treaty has been found to be productive of so much inconvenience as to determine his Majesty's Government not to renew the provisions of it in their present form. Nor do they feel themselves called upon to concede to the Americans any accommodation within the British sovereignty, except upon the principle of a reasonable equivalent in frontier or otherwise; it being quite clear that by the law of nations the subjects of a foreign state have no right to fish within the maritime jurisdiction, much less to land on the coasts belonging to his Britannic Majesty, without an express permission to that effect."-LORD CASTLEREAGH to HIS MA JESTY'S COMMISSIONERS to negotiate at Ghent; Foreign Office, July 28, 1814; Castlereagh Correspondence, x. 67-71. tions. 1814. 52. Under these instructions, which were very judiciously CHAP. and ably acted upon by the commissioners on both sides, XIV. who met and discussed in a spirit of conciliation, the negotiations at Ghent went on tardily, indeed, but ami- Progress of cably, during the last six months of 1814. The American the negotia commissioners at first endeavoured to raise some questions as to the legality of the Orders in Council, and the indemnities claimed for captures made under their authority; but as these demands were firmly resisted, they were soon abandoned; while by tacit mutual consent, the discussion on maritime rights was waived. More serious difficulties were incurred in regard to the boundary line, which had been so vaguely fixed by the treaty of 1783, that it in many particulars required to be made anew; and the right contended for by the Americans to fish in British waters. On the first point, the views of Lord Castlereagh were strictly defensive, and founded on the principle that the lakes should be preserved as a barrier to the British, as the weaker Power in North America. To carry out this principle, the only real security would of course be to give the British a strip of land along the whole southern shore of the lakes; but as this might seem to extend the British possessions to an inconvenient degree to the south, he consented to be satisfied with an obligation on the part of the United States, not to erect fortified ports or harbours within a certain distance of their southern coast.* Considerable difficulty was experienced in get * "Upon the point of frontier, you may state that the views of the British Government are strictly defensive. They consider the course of the lakes, from Lake Ontario to Lake Superior, both inclusive, to be the natural military frontier of the British possessions in North America. As the weaker Power on the North American continent, the least capable of acting offensively, and the most exposed to sudden invasion, Great Britain considers itself entitled to claim the use of those lakes as a military barrier. It is quite obvious that a boundary line, equally dividing these waters, with a right in each state to arm both upon the lakes and upon their shores, must be calculated hereafter to create a perpetual contest for naval ascendancy, in peace as well as in wara species of conflict which is likely to be productive of an extent of expense and jealousy, equally to be deprecated by both Governments. It becomes, therefore, necessary, for the sake of peace, to decide to which Power these waters VOL. II. 2 N XIV. 1814. CHAP. ting the American commissioners to agree to the restrictions on the construction of forts or fortified harbours on their coast of the lakes; but at length, by the mingled sauvity and firmness of Lord Castlereagh and the British commissioners, terms were agreed to, and a treaty was Dec. 24. signed at Ghent, on terms highly honourable to Great Britain. It provided for a mutual restitution of conquests and acquisitions, with the exception of the islands in Passamaquoddy Bay, as to which the statu quo possession was to remain till it was ascertained to which they belonged. Nothing, in conformity with the instructions of Lord Castlereagh, was said on the subject of the right of search, or that of reclaiming British seamen from American vessels, which had been the ostensible ground of quarrel. The important point of the frontier line, between the American state of Maine and the British province of New Brunswick, which was alluded to without being ascertained in the treaty of 1783, was referred to two commissioners, one to be chosen on either side, and, failing their decision, to the final award of a friendly sovereign or state, to be also mutually chosen.* shall, in a military sense, exclusively belong; and, for the reasons above stated, Great Britain considers that she is entitled to lay claim to them. To give practical operation to this principle, it seems necessary that the Power to whom the lakes shall belong shall have the military command of both shores, to effect which a scope of territory with a suitable frontier is important. The British Government is prepared to assign for deliberation a boundary, in execution of this object; but as this would necessarily extend their possessions to the southward of the lakes, and as territory, as such, is by no means the object they have in view, they will be disposed to leave the sovereignty of the soil undisturbed, and, as incident to it, the free commercial navigation of the lakes, as at present enjoyed by the United States, provided the American Government will stipulate not to preserve or to construct any fortifications upon or within a limited distance of the shores, or maintain or construct any armed vessels upon the lakes in question, or upon the rivers which empty themselves into the same. If this can be regulated, there will then remain for discussion the arrangement of the north-western boundary, between Lake Superior and the Mississippi, and on the side of Lower Canada. . . . With respect to the Indians, you will repeat that their being expressly included in the peace, is considered to be a sine qua non; and that with respect to their limits, the British Government is prepared, as the least objectionable arrangement to the United States, to take the treaty of Greenville as the basis."-LORD CASTLEREAGH to GHENT COMMISSIONERS, Aug. 14, 1814; Cast. Cor. x. 89, 90. * The clause regarding the line of the Maine, which came to be of importance XIV. 1814. The Indians were expressly included in the treaty; and CHAP. the question of the Fisheries equitably adjusted, by leave to the Americans to fish, and land for curing on the British shores being conceded in consideration of the free navigation of the Mississippi being allowed to British subjects. And a clause was inserted expressing the abhorrence of both the contracting parties of the slave trade, and agreeing to do their utmost to procure its entire abolition. As the war was undertaken by the Americans in order to wrest the Canadas from Great Britain, and extort from her, when struggling for her existence with France, a surrender of her maritime rights, and it was concluded without either of these events having been Treaty in attained, it was, upon the whole, entirely successful on her Martens, part, and the conclusion of the treaty one of the most and Ann. honourable acts of Lord Castlereagh's administration of 352, 353. foreign affairs.1 The conclusion of the peace with America materially strengthened the hands of Lord Castlereagh at the Con in after times, was in these words :-" Whereas neither part of the highlands lying due north from the source of the river St Croix, designated in the former treaty of peace between the two Powers as the north-west angle of Nova Scotia, nor the north-westmost head of the Connecticut river, have yet been ascertained; and whereas that part of the boundary line between the dominions of the two Powers, which extends from the source of the river St Croix, directly north to the above north-west angle of Nova Scotia, thence along the said highlands which divide these rivers that empty themselves into the river St Lawrence from those which fall into the Atlantic Ocean, to the north-westmost head of Connecticut river; thence down along the middle of that river to the 45th degree of north latitude; thence by a line due west on said latitude till it strikes the river Iroquois or Cataraguy, has not yet been surveyed; it is agreed that for these several purposes two commissioners shall be appointed, sworn, and authorised, to examine and decide upon the said claims, according to such evidence as shall be laid before them by His Britannic Majesty and the United States respectively; and in the event of their differing, both parties agree to abide by the decision of such friendly sovereign or state as shall be mutually chosen."-Annual Register, 1815, 354; State Papers. The commissioners, as was to be expected, differed in opinion, and the King of the Netherlands was chosen umpire, who pronounced an award, fixing the line somewhat different from what either party contended for. The British Government professed their willingness to abide by this award, but the American repudiated it, on the ground that the umpire was only empowered to fix on one of the two lines, but not to chalk out a new line differing from either. This dispute brought the two nations in after times to the very verge of a war. 1 See Sup. ii. 76, Reg. 1815, CHAP. XIV. 1814. Concessions regard to question at Vienna. gress of Vienna, for it liberated 30,000 veteran British soldiers, most of them of Peninsular fame, who would form the nucleus of the Allied army in the Low Coun53. tries. He made good use of his increased influence to of Russia in procure some material abatement of the Russian pretenthe Polish sions on Poland, and the Prussian on Saxony. He was at length successful in both attempts. What pains soever the three Powers who had signed the secret treaty of 3d January had taken to prevent its becoming known, its existence was suspected, and at length revealed to the two Northern Courts, by the imprudence or infidelity of the Bavarian diplomatists. The Emperor Alexander, seeing himself thus seriously opposed, and threatened with the military strength of Austria, Southern Germany, France, and England, felt the necessity of abating materially from the claims on Poland, which he had so much at heart. The most important of his concessions regarded the Grandduchy of Posen, which he consented to leave nearly entire to Prussia—a change eminently to the advantage of the latter Power, for it prevented the Russian territory coming down to the Oder, and separating Silesia from old Prussia, in a way which would have been utterly fatal to its independence. By the line to which the Czar acceded, Prussia obtained the greater part of the basin of the Wartha, a rich and highly peopled district, including the important city of Thorn. In this way Prussia got back about a million of inhabitants, which had been lost by the treaty of Tilsit, and obtained a tolerable military frontier against Russia. A more difficult task remained in arranging the respective claims of Russia and Austria on the side of Gallicia, the whole of which the Czar coveted for his restored kingdom of Poland. He was obliged, however, to relinquish that pretension, to declare Cracow an independent city, and restore to Aus563; Hard. tria the important district of Tarnopol, which Napoleon had obliged Austria to cede to the Grand-duchy of Warsaw in 1809, after the battle of Wagram. The feelings 1 Thiers, xviii. 562, xii. 469, 470. |