Charles William Eliot.

American historical documents 1000-1904, with introductions, notes and illustrations online

. (page 26 of 48)
Online LibraryCharles William EliotAmerican historical documents 1000-1904, with introductions, notes and illustrations → online text (page 26 of 48)
Font size
QR-code for this ebook


is still unsettled. Of this important fact, no stronger proof
can be adduced than that the allied powers should have
thought it proper, on any principle satisfactory to them-
selves, to have interposed, by force, in the internal concerns
of Spain. To what extent such interposition may be car-
ried, on the same principle, is a question, to which all
independent powers, whose governments differ from theirs,
, are interested; even those most remote, and surely none
more so than the United States. Our policy, in regard to
Europe, which was adopted at an early stage of the wars
which have so long agitated that quarter of the globe,
nevertheless remains the same, which is, not to interfere
in the internal concerns of any of its powers; to consider
the government de facto as the legitimate government for
us; to cultivate friendly relations with it, and to preserve
those relations by a frank, firm, and manly policy; meet-
ing, in all instances, the just claims of every power; sub-
mitting to injuries from none. But, in regard to these
continents, circumstances are eminently and conspicuously
different. It is impossible that the allied powers should
extend their political system to any portion of either con-
tinent, without endangering our peace and happiness: nor
can any one believe that our Southern Brethren, if left to
themselves, would adopt it of their own accord. It is
equially impossible, therefore, that we should behold such
interposition, in any form, with indifference. If we look to
the comparative strength and resources of Spain and those
new governments, and their distance from each other, it
must be obvious that she can never subdue them. It is still
the true policy of the United States to leave the parties
to themselves, in the hope that other powers will pursue
the same course.



Digitized by VjOOQIC



TREATY

WITH GREAT BRITAIN

(184a)

[The purpose of the Webster-Ashburton treaty was to settle
various outstanding questions between Great Britain and the United
States, mainly concerned with boundary-lines. With the exception
of the Oregon line, most of the frontier between Canada and the
United States was defined by this agreement. The boundary west
of the Rocky Mountains was decided in 1846.]

Treaty between the United States of America and Her
Britannic Majesty Relative to Boundaries, Sup-
pression OF THE Slave-Trade, and Extradition of
Criminals, Concluded at Washington August 9,
1842; Ratification Advised by Senate August 20,
1842; Ratified by President August 22, 1842; Ratifi-
CATIONS Exchanged at London October 13, 1842;
Proclaimed November 10, 1842.

WHEREAS certain portions of the line of boundary
between the United States of America and the Brit-
ish dominions in North America, described in the
second article of the treaty of peace of 1783, have not yet
been ascertained and determined, notwithstanding the repeated
attempts which have been heretofore made for that purpose;
and whereas it is now thought to be for the interest of both
parties, that, avoiding further discussion of their respective
rights, arising in this respect under the said treaty, they
should agree on a conventional line in said portions of the
said boundary, such as may be convenient to both parties,
with such equivalents and compensations as are deemed just
and reasonable; and whereas, by the treaty concluded at
Ghent on the 24th day of December, 1814, between the
United States and His Britannic Majesty, an article was
agreed to and inserted of the following tenor, viz.: "Art

299



Digitized by VjOOQIC



300 AMERICAN HISTORICAL DOCUMENTS

10. Whereas the traffic in slaves is irreconcilable with the
principles of humanity and justice; and whereas both His
Majesty and the United States are desirious of continuing
their efforts to promote its entire abolition, it is hereby
agreed that both the contracting parties shall use their best
endeavors to accomplish so desirable an object; " and where-
as, notwithstanding the laws which have at various times
been passed by the two Governments, and the efforts made
to suppress i^ that criminal traffic is still prosecuted and
carried on ; and whereas the United States of America and
Her Majesty the Queen of the United Kingdom of Great
Britain and Ireland are determined that, so far as may
be in their power, it shall be effectually aboliihed; and
whereas it is found expedient, for the better adminis-
tration of justice and the prevention of crime within the
territories and jurisdiction of the two parties respectively,
that persons committing the crimes hereinafter enumerated,
and being fugitives from justice, should, under certain cir-
cumstances, be reciprocally delivered up : The United States
of America and Her Britannic Majesty, having resolved to
treat on these several subjects, have for that purpose ap-
pointed their respective Plenipotentiaries to negotiate and
conclude a treaty, that is to say:

The President of the United States has, on his part,
furnished with full powers Daniel Webster, Secretary of
State of the United States, and Her Majesty the Queen
of the United Kingdom of Great Britain and Ireland has,
on her part, appointed the Right Honorable Alexander Lord
Ashburton, a peer of the said United Kingdom, a member
of Her Majesty's Most Honorable Privy Council, and Her
Majesty's Minister Plenipotentiary on a special mission to
the United States;

Who, after a reciprocal communication of their respec-
tive full powers, have agreed to and signed the following
articles :

Article I

It is hereby agreed and declared that the line of bound-
ary shall be as follows: Beginning at the monument at
the source of the river St. Croix as designated and agreed



Digitized by LjOOQIC



AMERICAN HISTORICAL DOCUMENTS 301

to by the Commissioners under the fifth article of the treaty
of 1794, between the Governments of the United States
and Great Britain; thence, north, following the exploring
line run and marked by the surveyors of the two Govern-
ments in the years 1817 and 1818, under the fifth article
of the treaty of Ghent, to its intersection with the river
St. John, and to the middle of the channel thereof; thence,
up the middle of the main channel of the said river St.
John, to the mouth of the river St. Francis; thence, up the
middle of the channel of the said river St. Francis, and of
the lakes through which it flows, to the outlet of the Lake
Pohenagamodc ; thence, southwesterly, in a straight line,
to a point on the northwest branch of the river St. John,
which point shall be ten miles distant from the main branch
of the St. John, in a straight line, and in the nearest di-
rection; but if the said point shall be found to be less than
seven miles from the nearest point of the summit or crest
of the highlands that divide those rivers which empty
themselves into the river Saint Lawrence from those which
fall into the river Saint John, then the said point shall be
made to recede down the said northwest branch of the river
St. John, to a point seven miles in a straight line from the
said summit or crest; thence, in a straight line, in a course
about south, eight degrees west, to the point where the
parallel of latitude of 46° 25' north intersects the south-
west branch of the St John's; thence, southerly, by the
said branch, to the source thereof in the highlands at the
Metjarmette portage; thence, down along the said high-
lands which divide the waters which empty themselves into
the river Saint Lawrence from those which fall into the
Atlantic Ocean, to the head of Hall's Stream; thence, down
the middle of said stream, till the line thus run intersects
the old line of boundary surveyed and marked by Valentine
and Collins, previously to the year 1774, as the 4Sth degree
of north latitude, and which has been known and understood
to be the line of actual division between the States of New
York and Vermont on one side, and the British province
of Canada on the other ; and from said point of intersection,
west, along the said dividing line, as heretofore known and
understood, to the Iroquois or St. Lawrence River.



Digitized by VjOOQIC



302 AMERICAN HISTORICAL DOCUMENTS

ASTICLE II

It is moreover agreed, that from the place where the
joint Commissioners terminated their labors mider the sixth
article of the treaty of Ghent, to wit, at a point in the
Neebish Channel, near Muddy Lake, the line shall run into
and along the ship-channel between Saint Joseph and St
Tammany Islands, to the division of the channel at or near
the head of St Joseph's Island; thence, turning eastwardly
and northwardly around the lower end of St George's or
Sugar Island, and following the middle of the channel which
divides St. George's from St Joseph's Island; thence up
the east Neebish Channel, nearest to St. George's Island,
through the middle of Lake George; thence, west of Jonas*
Island, into St. Mary's River, to a point in the middle of that
river, about one mile above St George's or Sugar Island,
so as to appropriate and assign the said island to the United
States; thence, adopting the line traced on the maps by the
Commissioners, thro' the river St Mary and Lake Superior,
to a point north of He Royale, in said lake, one hundred
yards to the north and east of He Chapeau, which last-
mentioned island lies near the northeastern point of He
Royale, where the line marked by the Commissioners ter-
minates; and from the last-mentioned point, southwesterly,
through the middle of the sound between He Royale and the
northwestern main land, to the mouth of Pigeon River, and
up the said river, to and through the north and south Fowl
Lakes, to the lakes of the height of land between Lake
Superior and the Lake of the Woods; thence, along the
water communication to Lake Saisaginaga, and through
that lake; thence, to and through Cypress Lake, Lac du
Bois Blanc, Lac la Croix, Little Vermilion Lake, and Lake
Namecan and through the several smaller lakes, straits,
or streams, connecting the lakes here mentioned, to that
point in Lac la Pluie, or Rainy Lake, at the Chaudiere
Falls, from which the Commissioners traced the line to the
most northwestern point of the Lake of the Woods; thence,
along the said line, to the said most northwestern point,
being in latitude 49® 23' 55" north and in longitude 95*
14' 38" west from the observatory at Greenwich; thence.



Digitized by VjOOQIC



AMERICAN HISTORICAL DOCUMENTS 303

according to existing treaties, due south to its intersection
with the 49th parallel of north latitude, and along that
parallel to the Rocky Mountains. It being understood that
all the water communications and all the usual portages
along the line from Lake Superior to the Lake of the
Woods, and also Grand Portage, from the shore of Lake
Superior to the Pigeon River, as now actually used, shall be
free and open to the use of the citizens and subjects of
both countries.

Article III

In order to promote the interests and encourage the in-
dustry of all the inhabitants of the countries watered by
the river St. John and its tributaries, whether living within
the State of Maine or the province of New Brunswick, it
is agreed that, where, by the provisions of the present
treaty, the river St. John is declared to be the line of
boundary, the navigation of the said river shall be free
and open to both parties, and shall in no way be obstructed
by either; that all the produce of the forest, in logs, lum-
ber, timber, boards, staves, or shingles, or of agriculture,
not being manufactured, grown on any of those parts of
the State of Maine watered by the river St. John, or by
its tributaries, of which fact reasonable evidence shall, if
required, be produced, shall have free access into and
through the said river and its said tributaries, having their
source within the State of Maine, to and from the sea-port
at the mouth of the said river St. John's, and to and round
the falls of the said river, either by boats, rafts, or other
conveyance; that when within the province of New Bruns-
wick, the said produce shall be dealt with as if it were the
produce of the said province; that, in like manner, the in-
habitants of the territory of the upper St. John, determined
by this treaty to belong to Her Britannic Majesty, shall
have free access to and through the river, for their produce,
in those parts where the said river runs wholly through the
State of Maine; Provided, always, that this agreement shall
give no right to either party to interfere with any regula-
tions not inconsistent with the terms of this treaty which
the governments, respectively, of Maine or of New Bruns-



Digitized by VjOOQIC



304 AMERICAN HISTORICAL DOCUMENTS

wick may make respecting the navigation of the said river,
where both banks thereof shall belong to the same party.

Article IV

All grants of land heretofore made by either party,
within the limits of the territory which by this treaty falls
within the dominions of the other party, shall be held valid,
ratified, and confirmed to the persons in possession under
such grants, to the same extent as if such territory had by
this treaty fallen within the dominions of the party by
whom such grants were made; and all equitable possessory
claims, arising from a possession and improvement of any
lot or parcel of land by the person actually in possession,
or by those under whom such person claims, for more than
BIX years before the date of this treaty, shall, in like man-
ner, be deemed valid, and be confirmed and quieted by a
release to the persons entitled thereto, of the title to such lot
or parcel of land, so described as best to include the im-
provements made thereon; and in all other respects the two
contracting parties agree to deal upon the most liberal
principles of equity with the settlers actually dwelling upon
the territory falling to them, respectively, which has here-
tofore been in dispute between them.

Article V

Whereas in the course of the controversy respecting the
disputed territory on the northeastern boundary, some
moneys have been received by the authorities of Her Bri-
tannic Majesty's province of New Brunswick, with the
intention of preventing depredations, on the forests of the
said territory, which moneys were to be carried to a fund
called the "disputed territory fund," the proceeds whereof
it was agreed should be hereafter paid over to the parties
interested, in the proportions to be determined by a final
settlement of boundaries, it is hereby agreed that a correct
accoimt of all receipts and payments on the said fund shall
be delivered to the Government of the United States within
six months after the ratification of this treaty; and the pro-



Digitized by VjOOQIC



AMERICAN HISTORICAL DOCUMENTS 305

portion of the amount due thereon to the States of Maine
and Massachusetts, and any bonds or securities appertain-
ing thereto shall be paid and delivered over to the Govern-
ment of the United States; and the Government of the
United States agrees to receive for the use of, and pay
over to, the States of Maine and Massachusetts, their re-
spective portions of said fund, and further, to pay and
satisfy said States, respectively, for all claims for expenses
incurred by them in protecting the said heretofore disputed
territory and making a survey thereof in 1838; the Gov-
ernment of the United States agreeing with the States of
Maine and Massachusetts to pay them the further sum of
three hundred thousand dollars, in ^qual moieties, on ac-
count of their assent to the line of boundary described in
this treaty, and in consideration of the conditions and
equivalents received therefor from the Government of Her
Britannic Majesty.

Article VI

It is furthermore understood and agreed that^ for the
purpose of running and tracing those parts of t}ic line be-
tween the source of the St. Croix and the St. Lawrence
River which will require to be run and ascertained, and for
marking the residue of said line by proper monuments on
the land, two Commissioners shall be appointed, one by the
President of the United States, by and with the advice and
consent of the Senate thereof, and one by Her Britannic
Majesty; and the said Commissioners shall meet at Bangor,
in the State of Maine, on the first day of May next, or as
soon thereafter as may be, and shall proceed to mark the
line above described, from the source of St. Croix to the
river St. John ; and shall trace on proper maps the dividing-
line along said river and along the river St. Francis to the
outlet of the Lake Pohenagamook ; and from the outlet of
the said lake they shall ascertain, fix, and mark, by proper
and durable monuments on the land, the line described
in the first article of this treaty; and the said Commis-
sioners shall make to each of their respective Governments
a joint report or declaration, under their hands and seals.



Digitized by VjOOQIC



306 AMERICAN HISTORICAL DOCUMENTS

designating such line of boimdaiy, and shall accompany
such report or declaration with maps, certified by them to
be true maps of the new botmdaiy.

AsncLB VII

It is further agreed that the channels in the river St.
Lawrence on both sides of the Long Sault Islands and of
Bamhart Island, the channels in the river Detroit on both
sides of the island Bois Blanc, and between that Island and
both the American and Canadian shores, and all the several
channels and passages between the various islands lying
near the junction of the river St Qair with the lake of
that name, shall be equally free and open to the ships»
vessels, and boats of both partiest.

Akticle VIII

The parties mutually stipulate that each shall prepare,
equip, and maintain in service on the coast of Africa a
sufficient and adequate squadron or naval force of vessels
of suitable numbers and descriptions, to carry in all not
less than eighty guns, to enforce, separately and respec-
tively, the laws, rights and obligations of each of the two
countries for the suppression of the slave-trade, the said
squadrons to be independent of each other, but the two
Governments stipulating, nevertheless, to give such orders
to the officers commanding their respective forces as shall
enable them most effectually to act in concert and co-op-
eration, upon mutual consultation, as exigencies may arise,
for the attainment of the true object of this article, copies
of all such orders to be communicated by each Govern-
ment to the other, respectively.

Article IX

Whereas, notwithstanding all efforts which may be made
on the coast of Africa for suppressing the slave-trade, the
facilities for carrying on that traffic and avoiding the vigi-
lance of cruisers, by the fraudulent use of flags and other



Digitized by VjOOQIC



AMERICAN HISTORICAL DOCUMENTS 307

means, are so great, and the temptations for pursuing it,
wkile a market can be found for slaves, so strong, as that
the desired result may be long delayed unless all markets
be shut against the purchase of African negroes, the parties
to this treaty agree that they will tmite in all becoming
representations and remonstrances with any and all Powers
within whose dominions such markets are allowed to exist,
and that they will urge upon all such Powers the propriety
and duty of closing such markets effectually, at once and
forever.

AirricLE X

It is agreed that the United States and Her Britannic
Majesty shall, upon mutual requisitions by them, or their
Ministers, officers, or authorities, respectively made, de-
liver up to justice all persons who, being charged with the
crime of murder, or assault with intent to commit murder,
or piracy, or arson, or robbery, or forgery, or the utter-
ance of forged paper, committed within the jurisdiction of
either, shall seek an asylum or shall be found within the
territories of the other: Provided, that this shall only be
done upon such evidence of criminality as, according to the
laws of the place where the fugitive or person so charged
shall be found, would justify his apprehension and commit-
ment for trial if the crime or offenct had there been com-
mitted; and the respective judges and other magistrates of
the two Governments shall have power, jurisdiction, and
authority, upon complaint made under oath, to issue a war-
rant for the apprehension of the fugitive or person so
charged, that he may be brought before such judges or
other magistrates, respectively, to the end that the evidence
of criminality may be heard and considered; and if, on
such hearing, the evidence be deemed sufficient to sustain
the charge, it shall be the duty of the examining judge or
magistrate to certify the same to the proper executive au-
thority, that a warrant may issue for the surrender of such
fugitive. The expense of such apprehension and delivery
shall be borne and defrayed by the party who makes the
requisition and receives the fugitive.



Digitized by VjOOQIC



306 AMERICAN HISTORICAL DOCUBiENTS

AsncLB XI

The eighth article of this treaty shall be in force for five
years from the date of the exchange of the ratification, and
afterwards until one or the other party shall signify a wish
to terminate it The tenth article shall continue in force
until one or the other of the parties shall signify its wish
to terminate it» and no longer.

Ahticls XII

The present treaty shall be duly ratified, and the mutual
exchange of ratification shall take place in London, within
six months from the date hereof, or earlier if possible.

In faith whereof we, the respective Plenipotentiaries,
have signed this treaty and have hereunto aflixed our seals.

Done in duplicate at Washington, the ninth day of August,
anno Domini one thousand eight hundred and forty-two.

Danl. Webster [l.s.]
ASHBUSTOK [l. &]



Digitized by VjOOQIC



TREATY WITH MEXICO

(1848)

[By the Louisiana Ptirchase, Texas had become a part of the
United States; but in 18 19 it had been ceded to Spain in the
negotiations for Florida. Two years later Mexico, including Texas,
had become independent, and the United States made two un-
successful attempts to purchase Texas from Mexico. The settlement
of Texas by immigrants from the United States finally led to the
secession of Texas and its annexation by the United States, with
the result that the Mexican War broke out in May, 1846. It was
closed by this treaty, by which the United States gained not only
Texas but New Mexico and Upper California.]

Treaty of Peace, Friendship, Limits, and Settlement
between the united states of america and the
United Mexican States, Concluded at Guadalupe
Hidalgo, February 2, 1848; Ratification Advised by
Senate, with Amendments, March 10, 1848; Ratified
BY President, March 16, 1848; Ratifications Ex-
changed at Queretaro, May 30, 1848; Proclaimed,
July 4, 1848.

IN THE name of Almighty God:
The United States of America and the United Mexican
States animated by a sincere desire to put an end to the
calamities of the war which unhappily exists between the
two Republics, and to establish upon a solid basis relations
of peace and friendship, which shall confer reciprocal bene-
fits upon the citizens of both, and assure the concord, har-
mony, and mutual confidence wherein the two people should
live, as good neighbours, have for that purpose appointed
their respective plenipotentiaries, that is to say:

The President of the United States has appointed Nicholas
P. Trist, a citizen of the United States, and the President
of the Mexican Republic has appointed Don Luis Gonzaga
Cuevas, Don Bernardo Couto, and Don Miguel Atristain,
citizens of the said Republic ;

ao9



Digitized by VjOOQIC



310 AMERICAN HISTORICAL DOCUMENTS

Who, after a reciprocal communication of their respective
full powers, have, under the protection of Almighty God,
the author of peace, arranged, agreed upon, and signed the
following:

Treaty of Peace, Friendship, Limits, and Settlement between
the United States of America and the Mexican Republic

Abticxe I

There shall be firm and universal peace between the United
States of America and the Mexican Republic, and between
their respective countries, territories, cities, towns, and
people, without exception of places or persons.

Articlb II

Immediately upon the signature of this treaty, a conven-
tion shall be entered into between a commissioner or com*
missoners appointed by the General-in-chief of the forces
of the United States, and such as may be appointed by the
Mexican jGovemment, to the end that a provisional suspen-
sion of hostilities shall take place, and that, in the places
occupied by the said forces, constitutional order may be re-



Online LibraryCharles William EliotAmerican historical documents 1000-1904, with introductions, notes and illustrations → online text (page 26 of 48)