clause establishes the jurisdiction of the United States by lines which clearly include all the islands in the bay of Passamaquoddy, and all within the bay of Fundy comprehended to the south of the east line drawn from St. Croix; while the exception can extend only to the islands formerly within the jurisdiction of Nova Scotia, inclusive of the privileges necessary to the occupancy of them. The principle, therefore, of the common right to navigation, or navigable waters which divide two nations, cannot apply here; because in that case, the line of national jurisdiction seems to be settled on the channel; but here, in this case, the jurisdiction is definite, express, and ceded, according to the lines agreed on as above described.

The ancient charter of Nova Scotia to sir William Alexander, in 1638, included all the country from the Kennebeck to the bay of Chaleur. The treaty cannot mean by the expression" heretofore within Nova Scotia," all the islands in that charter. If it means the islands which were within a more recent description of it, where the boundary westward was the St. Croix, excluding the territory of Acadia, which was placed under the jurisdiction of Massachusetts by the charter of that province in 1692, and bounded on that river, the river Schoodick being now the established St. Croix, there can be no question in regard to Massachusetts extending to the channel where it joins that river. But Moose Island, which I have described before, lies two leagues below what the commissioners made the mouth of the St. Croix, and very near the American shore. This was never granted by the crown of England, or by the government of Nova Scotia, before the treaty of peace; nor was there ever an occupancy of it by subjects acknowledging the authority of Nova Scotia; nor did the province ever attempt to exercise authority there. Long before the revolutionary war, it was in the occupancy of people of and from the late province of Massachusetts Bay. The soil has, I believe, been granted by that province or by the state, since the revolution, to the people who had it in possession. I do not know the date of the grant. There have been, as I am informed, recent grants by the province of New Brunswick of that island; but no formal claim on the part of the English nation has been made to it. The grantees of that province, who have speculated on the pretended right of the English nation, have excited civil officers, under the authority of the province of New Brunswick, to attempt to execute precepts there. These attempts were repelled, and I have not heard that they have been recently renewed. Should the jurisdiction of that island be found within the English authority, there can be no doubt

1

how the right of property would be settled. This renders the dispute of consequence to the commonwealth of Massachusetts in a pecuniary point of view.

If the argument above stated does not prove that the jurisdiction of the United States is extended to all the waters of Passamaquoddy Bay, but that the treaty leaves the navigable waters of the same, which form the natural boundaries, common to both, it is of great consequence that any claim made under the crown of the English empire to Moose Island should be subverted. But if their having the island under the reservatory exception does not deprive the United States of the jurisdiction on all the waters southward of the east line drawn from the mouth of the Schoodick, the consideration of the property alone gives consequence to the question.

The channel where the waters more directly issue from the Schoodick to the bay of Fundy, between Moose and Deer Islands, and between Deer Island and Campo Bello, as described in your letter of instructions to the minister, is quite adequate to all navigation of our country.

You mention a resolve of the legislature, wherein the subject of the navigation in Passamaquoddy bay is mentioned. I have attended to a resolve of the tenth of March, which proposes that the governour should request the President of the United States to take measures for settling the disputed jurisdiction to certain islands in Passamaquoddy bay; but I do not know of any dispute in that bay as to islands, excepting what I have stated as to Moose Island.

The settlement and plain establishment of a line from the head or source of the Cheputnatecook, which is the source of the St. Croix, and empties its waters through a long chain of lakes into the Schoodick, has become necessary, because that Massachusetts is making grants of the lands in that quarter, and the province of New Brunswick is in the same practice, controversies may be created by interfering locations in pursuance of or under pretence of those grants. Such controversies can have no guide to their adjustment, excepting lines drawn through a vast exent of wilderness, where many known and unknown causes will affect the magnetick variations. These disputes'on national, or even colonial, or state jurisdiction, are not easily settled when they are connected with private claims.

By the treaty of peace it is provided that the boundaries shall be, "from the northwest angle of Nova Scotia, viz: that angle which is formed by a line drawn due north, from she source of the St. Croix, to the high lands; along the high lands which divide those rivers that empty themselves into the

river St. Lawrence from those which fall into the Atlantick ocean, to the northwesternmost head of Connecticut river."

You will see by the maps of that part of the country, that the line which runs north from the source of the St. Croix crosses the river St. John a great way south of any place which could be supposed to be the highlands; but where that line will come to the northwest angle of Nova Scotia, and find its termination, is not easy to discover.

The boundary between Nova Scotia and Canada, was described by the king's proclamation in the same mode of expression as that used in the treaty of peace. Commissioners who were appointed to settle that line have traversed the country in vain to find the highlands designated as a boundary. I have seen one of them, who agrees with the account I have had from the natives, and others, that there are no mountains or highlands on the southerly side of the St.Lawrence and northeastward of the river Chaudiere. That from the mouth of the St. Lawrence to that river there is a vast extent of high flat country, thousands of feet above the level of the sea, in perpendicular height; being a morass of millions of acres, from whence issue numerous streams and rivers, and from which a great number of lakes are filled by drains. That the rivers originating in this elevated swamp, pass each other wide asunder many miles in opposite courses, some to the St. Lawrence and some to the Atlantick sea.

Should this description be founded in fact, nothing can be effectively done, as to a Canada line, without a commission to ascertain and settle the place of the northwest angle of Nova Scotia, wherever that may be agreed to be. If there is no mountain, or natural monument, an artificial one may be raised. From thence the line westward, to Connecticut river, may be established by artificial monuments, erected at certain distances from each other; the points of compass from the one to the other may be taken; and the ascertaining the degree of latitude, which each one is placed on, from actual observation, may be very useful. Though there is no such chain of mountains,as the plans or maps of the country represent under the appellation of the highlands, yet there are eminences from whence an horizon may be made to fix the latitude, from common quadrant observations.

In the description of the morass, which is said to crown the heights between the United States and Lower Canada, it ought to have been noticed, that though those swamps are vastly extensive, yet in the acclivity from the Atlantick to their highest elevation, as well as in their declivity to the St. Lawrence, great tracts of valuable country are interspers

ed. On the banks of the river Chaudiere, and perhaps on the banks of the other rivers running to the St. Lawrence, the settlements are approaching fast towards those of the United States. This circumstance will soon render an established line of national jurisdiction absolutely necessary.

Should there be any thing within my power which will give aid to the government on this occasion you will please to command me. I am sir, &c. JAS. SULLIVAN.

Extract of a Letter from the Secretary of State to Rufus King, Esq. Minister Plenipotentiary of the United States in London. Department of State, Dec. 16, 1802.

"By the communications of the 6th day of October, received from Mr. Gore, it appears that the proposition for adjusting the boundary in the northwest corner of the United States is not relished by the British government. The proposition was considered by the President as a liberal one, inasmuch as the more obvious remedy for the errour of the treaty would have been by a line running due north from the most northern source of the Mississippi, and intersecting the line due west from the Lake of the Woods; and inasmuch as the branch leading nearest the Lake of the Woods may not be the longest or most navigable one, and may consequently favour the wish of the British government to have access to the latter. The proposition for these reasons would not have been made but from a desire to take advantage of the present friendly dispositions of the parties, for the purpose of closing all questions of boundary between them. As it is not probable, however, that the settlement of this particular boundary will for some time be material, and as the adjustment proposed is not viewed by the British government in the same light as by the President, it is thought proper that it should not for the present be pursued; and that the other questions of boundary should be adjusted with as little delay as possible. In the mean time further information with respect to the head waters of the Mississippi, and the country connected with them, may be sought by both parties; it being understood that the United States will be as free to be guided by the result of such inquiries in any future negotiation as if the proposition above referred to had never been made by them. Should it be most agreeable to the British government to have an early survey instituted with a view to a proper boundary in this case, the President authorizes you to concur in such an arrangement."

London, May 13, 1803.

SIR, I have the honour to transmit herewith the convention which I yesterday signed in triplicate with lord Hawkesbury relative to our boundaries.

The convention does not vary in any thing material from the tenour of my instructions. The line through the bay of Passamaquoddy secures our interest in that quarter. The provision for running, instead of describing, the line between the northwest corner of Nova Scotia and the source of Connecticut river, has been inserted as well on account of the progress of the British settlements towards the source of the Connecticut, as of the difficulty in agreeing upon any new description of the manner of running this line without more exact information than is at present possessed of the geography of the country.

The source of the Mississippi nearest to the Lake of the Woods, according to Mackenzie's report, will be found about twenty-nine miles to the westward of any part of that lake, which is represented to be nearly circular. Hence a direct line between the northwesternmost part of the lake and the nearest source of the Mississippi, which is preferred by this government, has appeared to me equally advantageous with the lines we had proposed. With perfect respect, &c. RUFUS KING.

MESSAGE

FROM THE president OF THE UNITED STATES RELATIVE TO FRENCH SPOLIATIONS IN SPANISH PORTS. DEC. 21, 1803. [Message, &c. recalled, and copy not to be found. It could not, however, be published, as negotiations on the subject are still pending.]

MESSAGE

FROM THE PRESIDENT OF THE UNITED STATES TO THE SENATE RELATIVE TO WAR WITH TRipoli. JAN. 13, 1806. ACCORDING to the request of the Senate of December 30th, I now lay before them the correspondence of the naval commanders Barron and Rodgers; and of Mr. Eaton, late consul at Tunis, respecting the progress of the war with Tripoli antecedent to the treaty with the bey and regency of Tripoli, and respecting the negotiations for the same; and the