and states that "the British claim had no foundation of any sort or kind" (Mills, 1911, p. 684-687).

Ganong (1901), in a monograph on the boundaries of New Brunswick, after a lengthy discussion of the boundary dispute and of the treaty of 1842, states:

On the other hand, the few New Brunswickers of the present time who have examined the original sources of information have come to the conclusion that in the question of the northwest angle Maine was technically right and New Brunswick wrong, and that the Ashburton treaty took from Maine and gave to us a great territory to which we had not a technical right.

That a contrary view was held by many Canadians may be inferred from an article in the Yearbook and Almanac of Canada for 1868 (quoted in New York [State] Univ., 1884, v. 2, p. 65–75).

TREATY WITH GREAT BRITAIN, 1846

Between 1843 and 1846 there was considerable discussion regarding the boundary west of the Rocky Mountains, resulting in the treaty of 1846, which defined the boundary as far west as the Strait of Juan de Fuca. The following is that part of the treaty which describes the boundary (Malloy, 1913, v. 1, p. 657):

ARTICLE I. From the point on the forty-ninth parallel of north latitude, where the boundary laid down in existing treaties and conventions between the United States and Great Britain terminates, the line of boundary between the territories of the United States and those of Her Britannic Majesty shall be continued westward along the said forty-ninth parallel of north latitude to the middle of the channel which separates the continent from Vancouver's Island; and thence southerly through the middle of the said channel, and of Fuca's Straits, to the Pacific Ocean: Provided, however, that the navigation of the whole of the said channel and straits, south of the forty-ninth parallel of north latitude, remain free and open to both parties.

ARTICLE II. From the point at which the forty-ninth parallel of north latitude shall be found to intersect the great northern branch of the Columbia River, the navigation of the said branch shall be free and open to the Hudson's Bay Company, and to all British subjects trading with the same, to the point where the said branch meets the main stream of the Columbia, and thence down the said main stream to the ocean, with free access into and through the said river or rivers, it being understood that all the usual portages along the line thus described shall, in like manner, be free and open. In navigating the said river or rivers, British subjects, with their goods and produce, shall be treated on the same footing as citizens of the United States; it being, however, always understood that nothing in this article shall be construed as preventing, or intended to prevent, the Government of the United States from making any regulations respecting the navigation of the said river or rivers not inconsistent with the present treaty.

This treaty extended the line westward from the Rocky Mountains to the Pacific along the 49th parallel of latitude. This settled the northwest boundary with the exception of the islands and passages in

the Straits of Georgia and of Juan de Fuca, England claiming that the boundary should properly run through the Rosario Strait, the most eastern passage, whereas the United States claiming that it should follow the Strait of Haro. This matter was finally settled by a reference to the Emperor of Germany as an arbitrator, who decided it in favor of the United States on October 21, 1872 (Malloy, 1913, v. 1, p. 725).

TREATY WITH GREAT BRITAIN, 1908

The treaty with Great Britain concluded April 11, 1908, described the boundary between the United States and Canada in eight sections and provided for the appointment of a joint commission to recover or restore previously established marks and to place new marks on unmarked sections (Malloy, 1910, v. 1, p. 815).

Eight of the nine articles of this treaty contained the following statement:

The line so defined and laid down shall be taken and deemed to be the international boundary

This, the commissioners decided, fixes the boundary in a definite position as marked, regardless of later changes which may occur in streams due to erosion, accretion, or avulsion.

TREATY WITH GREAT BRITAIN, 1910

In order to remove a slight uncertainty concerning the boundary line in Passamaquoddy Bay, a treaty with Great Britain (Charles, 1913, p. 49) was concluded on May 21, 1910, which laid down the position of the line by courses and distances, starting from a point between Treat Island and Campobello Island, previously fixed by range lines, and running thence in a general southerly direction to the middle of Grand Manan Channel. Popes Folly Island and the lighthouse between Woodward Point and Cranberry Point were left within United States territory.

SURVEY AND MARKING OF THE NORTHERN BOUNDARY 28

The retracement and remarking of the northern boundary of the United States from the summit of the Rocky Mountains to the Gulf of Georgia was completed in 1907. Since the treaty of 1908 was ratified, the fieldwork for the survey and marking of the remainder of the northern boundary has been completed. The computed lengths of the eight sections described in the treaty are as follows:

See report prepared for the Department of State by C. P. Anderson, 1906, on the northern boundary of the United States with particular reference to the parts thereof which require more complete definition and marking.

Passamaquoddy Bay

St. Croix River from its source to its mouth

St. Lawrence River to source of St. Croix
Great Lakes and St. Lawrence River

Northwesternmost point of Lake of the Woods to the mouth of

Pigeon River at Lake Superior (scaled from map)

North point of Lake of the Woods (1925) to 49th parallel (26.6
miles), thence to summit of Rocky Mountains (860 miles)
Summit of Rocky Mountains to Strait (or Gulf) of Georgia at
Point Roberts

Point Roberts to Pacific Ocean

1 Water boundary.

2 Land and water boundary.

3 See change in location by Article I, treaty of 1925.

4 Land boundary.

Of the total, approximately 1,771 miles is land boundary and 2,216 miles is water boundary.. The land part of the boundary is marked. by metal, stone, or concrete monuments; the water part is defined by courses and distances between turning points (angles), and these points are referred to marks of metal or concrete on the banks or shores. The final report (Internat. Boundary Comm., United States and Canada, 1925) for that part of the line from the source of the St. Croix to the St. Lawrence River includes historical data, copies of treaties, and geographic positions of all monuments. There are 4,204 monuments and 548 reference marks for this part of the boundary.

The full report of the resurvey and marking of St. Lawrence River and the Great Lakes has been published by the Canadian Government (Internat. Waterways Comm., 1916). It gives extracts from treaties, instructions to the commissioners, courses and distances between marks, and geographic positions and azimuths.

Changes in the topography due to the construction of the St. Lawrence Seaway have made necessary the re-marking of the boundary where it follows the river. New monuments have been placed to reference by course and distance the position of angle points in the boundary which lie in the water. The new data are to be published by the International Boundary Commission.

From the mouth of the Pigeon River to the northwesternmost point in the Lake of the Woods, as relocated by the treaty of 1908, the water boundary is defined by courses and distances between turning points on the boundary line, and these are referred to metal reference marks set in concrete or solid rock on the shores of the lakes and the banks of the streams.

From the northwesternmost point of the Lake of the Woods to the summit of the Rocky Mountains, the boundary is composed of a north

south section, 26.6 miles long, which meets the 49th parallel at a point in the Lake of the Woods, and an east-west section, 860 miles long, approximately on the 49th astronomic parallel. This part of the boundary was first located in 1872 to 1876 and was marked by iron pillars, rock cairns, or earth mounds at intervals of 1 to 19 miles.29 There were 382 marks in all, 40 of which were at astronomic stations. The cairns and earth mounds have now been replaced by iron monuments weighing about 400 pounds each (see fig. 1A) or, in the mountains, by aluminum-bronze monuments set on concrete foundations and projecting 5 feet above the surface. Additional monuments have been so placed that no interval between two consecutive marks exceeds 221⁄2 miles. This resurvey was completed in 1913, and 40 maps covering the line have been published.

Boundary monuments along the 49th parallel may vary in latitude by as much as a second or more, because many of them were astronomic stations. It was not thought practical to move these to the true parallel, and the boundary is defined as the line joining successive stations.

In order to facilitate the enforcement of customs and immigration laws (35 Stat. 2189) the Federal Government by proclamation on June 15, 1908, reserved all unpatented public lands lying within 60 feet of the boundary line.

From the summit of the Rocky Mountains to the Strait of Georgia, 410 miles of land line on the 49th astronomic parallel was located by a joint commission between 1859 and 1862, and was marked by stone or iron pillars, rock piles, or mounds of earth at intervals ranging from a fraction of a mile to 25 miles (Baker, 1900; Klotz, 1917, p. 382-387).30 A retracement of this line was completed in 1907. The new marks consist of aluminum-bronze pillars 5 feet high, weighing about 250 pounds each, set in concrete bases at intervals not exceeding 4 miles. The maps of this section of the boundary, 19 sheets, have been published.

Along the 49th parallel in the Strait of Georgia, and through the Straits of Haro and Juan de Fuca to the Pacific Ocean, a distance. of 142 miles, the boundary is defined by courses and distances between turning points, which are referred to reference marks consisting of concrete monuments and lighthouses on the shores. The report on this section of the boundary was published in 1921 (Internat. Boundary Comm., United States and Canada, 1921).

For details regarding the survey, see U.S. Cong. (1877).

A report by the British commissioner with descriptions and longitudes of marks for this survey is given in U.S. Foreign Office correspondence, 1865–1871, v. 811, America, p. 1468.

Considerable information regarding the northern boundary of the United States may be found in articles by John W. Davis (1922) and Lawrence S. Mayo (1923).

TREATY WITH GREAT BRITAIN, 1925

Several minor changes were made in the northern boundary by the treaty concluded February 24, 1925 (44 Stat., pt. 3, p. 2102). The northern terminus of the Lake of the Woods boundary was fixed at lat 49°23′04.49" N., long 95°09'11.61" W. (See p. 21.) By this change the United States lost about 22 acres of water area. Article II of the treaty made the lines between monuments established under the treaty of 1908 on the 49th parallel east of the Rocky Mountains straight lines, not following the curve of the parallel. The United States gained between 30 and 35 acres of land by this change. Article III added a new course bearing S. 34°42′ W., a distance of 2,383 meters (1.48 miles), from the terminus of the southeasterly line established by the treaty of 1910 in the Grand Manan Channel. Canada thereby made a net gain in water area of about 9 acres, which had previously been of "controversial jurisdiction."

Article IV provided for inspection of existing monuments, repair of defective ones, and addition of new ones, if needed, by joint commissioners "at such times as they shall deem necessary."

TREATY WITH SPAIN, 1795

The southern boundary of the United States was described in definite terms by the treaties with Great Britain of 1782 and 1783 (see p. 14-16), but its location was not accepted by Spain and was disputed by that country until settled by the treaty concluded October 27, 1795 (Malloy, 1910 v. 2, p. 1640), wherein it was agreed that

The southern boundary of the United States which divides their territory from the Spanish colonies of east and west Florida, shall be designated by a line beginning on the River Mississippi, at the northernmost part of the thirty-first degree of latitude north of the Equator, which from thence shall be drawn due east to the middle of the River Apalachicola, or Catahouche, thence along the middle therof to its junction with the Flint; thence straight to the head of St. Mary's River, and thence down the middle thereof to the Atlantic Ocean.

Article IV of this treaty described the western boundary, which separated the "Spanish colony of Louisiana" from the United States, as being

in the middle of the channel or bed of the River Mississippi, from the northern boundary of the said States to the completion of the thirty-first degree of latitude north of the Equator.