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the Mississippi were not "due west," but almost eighty miles directly south of the Lake of the Woods. * Under the doctrine of falsa demonstratio non nocet, it Legal is a well recognized rule of law that, where natural doctrine applicable and permanent objects are designated or described in a patent, or deed, as connected by a line on a certain course, or distance, which is found to be erroneous, both course and distance must yield to the dominant control of the natural objects, in order to give full effect to the act or deed of the parties. And the How U. S. Supreme Court of the United States has formulated construe another doctrine, that Treaties ceding territory to the Treaties. United States are to be construed most favourably to the ceding power, which in this case was Great Britain.

should

In 1802 the United States, in a despatch reciting the U. S. agreed erroneous description of the "due west" Mississippi line mistake. to rectify in the Treaty of 1783, proposed the following rectification:-" It is now well understood that the highest source of the Mississippi does not touch any part of the Lake of the Woods. To remedy this error it may be agreed that the boundary of the United States, in that quarter, shall be a line running from that source of the Mississippi which is nearest to the Lake of the Line from Mississippi to Woods, and striking it westerly at a tangent, and, from Lake of the the point touched, along the water-mark of the lake to Woods. its most north-western point, at which it will meet the line running through the lake." §

*Bancroft's History of the North-West Coast, v. 2, p. 320.

+ "The extent of the mischief which would result from unsettling this principle cannot be conceived." Per Marshall, C. J., in Newsom v. Pryor, 7 Wheaton's Reports 7.

‡ United States v. Arredondo, 6 Peter's Reports 691.

§ American State Tapers, Foreign Affairs, v. 2, p. 585.

Treaty of 1803 settled

Under these instructions, a Treaty was signed in the Mississip. London on the 12th May, 1803, in which it was agreed pi boundary. that, instead of the boundary line in the Treaty of

1783, it should be "the shortest line which can be drawn between the north-west point of the Lake of the Woods and the nearest source of the Mississippi."* Rejected by But, although the initiative for this Treaty had been taken by the United States, the Senate declined to ratify it unless the clause settling the boundary line was struck out, the reason given being that the United States

U. S. Senate,

had then acquired the French rights in Louisiana. † Conciliatory The conciliatory policy of Great Britain towards the policy of Great Britain United States may be further illustrated by the excep

on

in marition, tionally liberal rule as to marginal jurisdiction on the High Seas, contained in an unratified Treaty of 1806. Owing to the capture by British war vessels, on the coasts of the United States, of the ships of the European nations with which Great Britain was then at war, the United States proposed that it would not be unreasonable, considering the extent of the United States, the shoalness of their coast, and for other reasons, that the neutral immunity from belligerent acts should extend to at least one league from the shore, or should correspond with the claims of Great Britain around her own coasts; and quoted the Hovering Act of 1736, 9 Geo. II. ch. 35, extending the jurisdiction respecting smuggling to four leagues. The Admiralty and Law Officers of the Crown advised against conced

1806.

U.S. proposal of neutral coast

immunity.

* The Treaty was signed by Rufus King and Lord Hawkesbury. + Treaties and Conventions between the United States and Other Powers, p. 1016.

Mr. Madison to Messrs. Munroe and Pinckney, 17th May, 1806, and 3rd February, 1807.

Great Britain

3 to 5

ing more than the usual three marine miles; but the British Government, desirous of giving "a strong proof of a conciliatory disposition in their government towards the government and people of the United States,"* yielded to the proposal of the United States Extended by by extending the neutral coast immunity from three from to five marine miles in the following article:- (12) marine miles. "And whereas it is expedient to make special provisions respecting the maritime jurisdiction of the High Contracting Parties on the coast of their respective possessions in North America, on account of peculiar circumstances applicable to those coasts, it is agreed that in all cases where one of the said High Contracting Parties shall be engaged in war, and the other shall be at peace, the Belligerent Power shall not stop the vessels of the Neutral Power, or the unarmed vessels of other nations, within five marine miles from the shore belonging to the said neutral power on the American Treaty never seas." The Treaty was never submitted to the Senate ratified by

for consideration or approval. †

U. S.

The war of 1812 originated with the United States Origin of the mainly because of the retaliatory measures adopted War of 1812. by Great Britain to counteract the Berlin decrees of Napoleon. During the two years it continued, the United States suffered more severely than Canada. The British forces and Canadian militia captured and British conheld possession of a portion of Maine to the Penobscot quests on the River, including the disputed Maine boundary territory

* Messrs. Munroe and Pinckney to Mr. Madison, 3rd January,

1807.

+"The Treaty, not including an article relating to impressments, the British Commissioners should be candidly apprised of the reason for not expecting a ratification." American State_Papers, Foreign Relations, v. 3, pp. 145 and 154.

east.

And west to
Mississippi.

on the east; and, on the west, nearly all of Michigan, including the fort of Michilimakanac, and other portions of the former Canadian territory (including what is now Chicago) to Prairie du Chien, on the River Mississippi, which had been won back from the United

States in fair fight, and a large extent of which, at the

U. S. had no close of the war, was held by right of conquest.* conquest in Canada. At the same time, the United States had not even a sentry on Canadian territory.

Great Britain aware of the

east and west boundary disputes.

The British Government had long been aware of the unsettled disputes with the United States respecting both the north-eastern (or Maine), and the north-western (or Mississippi), boundaries, and of the undue bitterness previously imported into the diplomatic discussions with the United States. In 1814, Great Britain was then free from the continental wars. Napoleon had abdicated, and had retired to Elba. The American Secretary instructed the plenipotentiaries

for the United States that it was "important to the U. S. change United States to make peace," and that "the great of ultimatum. and unforeseen change of circumstances, particularly the prospect of a more durable state of peace between Great Britain and the Continental Powers of Europe,

* "Without a blow struck, part of Massachusetts (Maine) passed under the British yoke, and so remained, without the least resistance until restored at the Peace. Two frontier fortresses, Michilimacinac and Fort Niagara, were surprised, captured, and forcibly held by the enemy [British] during the war; and parts of Maryland and Virginia were overrun." Ingersoll's Second War between the United States and Great Britain, v. 1, pt. 2, p. 116. "For a time the County of Washington in Maine (lying between the Penobscot River and Passamaquoddy Bay) came under British authority. It was a most important surrender. The County of Washington embraced one hundred miles of sea coast, and formed the territory adjoining New Brunswick." Kingsford's History of Canada, v. 8, p. 528.

Britain's

and of security to our maritime rights, justify the change of our ultimatum." But notwithstanding this leverage of international peace, and Great Britain's Great war conquests, her historic generosity restored, uncon- peace offerditionally, all the conquered territories to the United ing in 1814. States, as a peace offering, by the Treaty of Ghent; and she was subsequently rewarded with a vexatious diplomatic controversy about, and an armed invasion of, Her the formerly captured, and long-time disputed, territory between Canada and Maine.*

reward.

The war of 1812 abrogated the fishery rights con- Rights abrogated by war ceded to the United States, as well as the paper rights of 1812. of navigation of the Mississippi River (previously described), conceded to Great Britain, by the Treaties of 1782 and 1783. But by the Treaty of 1818, Great Britain again conceded fishery privileges on certain Great Britain coasts of Newfoundland, Labrador and Canada, to the cedes fishing United States. And although the United States rights to U.S. renounced, forever, the liberty to fish within three

marine miles of any of the coasts, bays, creeks or har

* Many of the international difficulties over the Maine boundary were caused by the actions of the State authorities, and not by those of the Federal Government. See North American Boundary Papers, (Imp.) B, (1838) Appendix.

† "Logically war implies the cessation of existing intercourse, and therefore a right on the part of a State to expel or otherwise treat as enemies, the subjects of an enemy-state found within its territory." Hall's International Law, p. 327. "War puts every individual of the respective Governments, as well as the Governments themselves, in a state of hostility with each other. All Treaties contracts, and rights of property are suspended. The subjects of the state are in all respects treated as enemies. They may seize the persons and property of each other. They have no persona standi in judicio, no power to sue in the public courts of the enemy nation." Wharton's Digest of International Law, v. 3, p. 242. See also British and Foreign State Papers, v. 7, pp. 79-97.

in 1818 con

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