acknowledged by the law of nations, under whatever restraints or regulations it may take place, may lead to dangerous results. It is far better by other means to supersede any supposed necessity or any motive for such examination or visit. Interference with a merchant vessel by an armed cruiser is always a delicate proceeding, apt to touch the point of national honor as well as to affect the interests of individuals. It has been thought, therefore, expedient, not only in accordance with the stipulations of the treaty of Ghent, but at the same time as removing all pretext on the part of others for violating the immunities of the American flag upon the seas, as they exist and are defined by the law of nations, to enter into the articles now submitted to the Senate. The treaty which I now submit to you proposes no alteration, mitigation, or modification of the rules of the law of nations. It provides simply that each of the two Governments shall maintain on the coast of Africa a sufficient squadron to enforce separately and respectively the laws, rights, and obligations of the two countries for the suppression of the slave trade. Another consideration of great importance has recommended this mode of fulfilling the duties and obligations of the country. Our commerce along the western coast of Africa is extensive, and supposed to be increasing. There is reason to think that in many cases those engaged in it have met with interruptions and annoyances caused by the jealousy and instigation of rivals engaged in the same trade. Many complaints on this subject have reached the Government. A respectable naval force on the coast is the natural resort and security against further occurrences of this kind. The surrender to justice of persons who, having committed high crimes, seek an asylum in the territories of a neighboring nation would seem to be an act due to the cause of general justice and properly belonging to the present state of civilization and intercourse. The British Provinces of North America are separated from the States of the Union by a line of several thousand miles, and along portions of this line the amount of population on either side is quite considerable, while the passage of the boundary is always easy. Offenders against the law on the one side transfer themselves to the other. Sometimes, with great difficulty, they are brought to justice, but very often they wholly escape. A consciousness of immunity from the power of avoiding justice in this way instigates the unprincipled and reckless to the commission of offenses, and the peace and good neighborhood of the border are consequently often disturbed. In the case of offenders fleeing from Canada into the United States, the governors of States are often applied to for their surrender, and questions of a very embarrassing nature arise from these applications. It has been thought highly important, therefore, to provide for the whole case by a proper treaty stipulation. The article on the subject in the proposed treaty is carefully confined to such offenses as all mankind agree to regard as heinous and destructive of the security of life and property. In this careful and specific enumeration of crimes the object has been to exclude all political offenses or criminal charges arising from wars or intestine commotions. Treason, misprision of treason, libels, desertion from military service, and other offenses of similar character are excluded. And lest some unforeseen inconvenience or unexpected abuse should arise from the stipulation rendering its continuance in the opinion of one or both of the parties not longer desirable, it is left in the power of either to put an end to it at will. The destruction of the steamboat Caroline at Schlosser four or five years ago occasioned no small degree of excitement at the time, and became the subject of correspondence between the two Governments. That correspondence, having been suspended for a considerable period, was renewed in the spring of the last year, but no satisfactory result having been arrived at, it was thought proper, though the occurrence had ceased to be fresh and recent, not to omit attention to it on the present occasion. It has only been so far discussed in the correspondence now submitted as it was accomplished by a violation of the territory of the United States. The letter of the British minister, while he attempts to justify that violation upon the ground of a pressing and overruling necessity, admitting, nevertheless, that even if justifiable an apology was due for it, and accompanying this acknowledgment with assurances of the sacred regard of his Government for the inviolability of national territory, has seemed to me sufficient to warrant forbearance from any further remonstrance against what took place as an aggression on the soil and territory of the country. On the subject of the interference of the British authorities in the West Indies, a confident hope is entertained that the correspondence which has taken place, showing the grounds taken by this Government and the engagements entered into by the British minister, will be found such as to satisfy the just expectation of the people of the United States. The impressment of seamen from merchant vessels of this country by British cruisers, although not practiced in time of peace, and therefore not at present a productive cause of difference and irritation, has, nevertheless, hitherto been so prominent a topic of controversy and is so likely to bring on renewed contentions at the first breaking out of a European war that it has been thought the part of wisdom now to take it into serious and earnest consideration. The letter from the Secretary of State to the British minister explains the ground which the Government has assumed and the principles which it means to uphold. For the defense of these grounds and the maintenance of these principles the most perfect reliance is placed on the intelligence of the American people and on their firmness and patriotism in whatever touches the honor of the country or its great and essential interests. JOHN TYLER. [The following are inserted because they pertain to the treaty transmitted with the message of President Tyler immediately preceding.] To the Senate of the United States: DEPARTMENT OF STATE, Washington, August 3, 1848. The Secretary of State has the honor to transmit to the Senate, in compliance with a resolution adopted by it on the 29th ultimo, a copy of the joint report of the commissioners under the treaty of Washington of August 9, 1842, together with a copy of the report of the American commissioner transmitting the same to the State Department. JAMES BUCHANAN. Mr. Smith to Mr. Buchanan. WASHINGTON, April 20, 1848. SIR: In presenting to you the joint report of the commissioners appointed under the treaty of Washington of August 9, 1842, to survey and mark the line of boundary between the United States and the British Provinces, which I have the honor herewith most respectfully to submit, I have to perform the painful duty of informing you that the maps of that line and of the adjacent country, which had been elaborately constructed by the scientific corps on the part of the United States, and contained upon 100 sheets of drawing paper of the largest size, together with the tables of the survey, have been destroyed by the conflagration of the building in which they were contained. This house had been occupied by Major James D. Graham, the head of the scientific corps and principal astronomer of the American commission, as his office until his departure for Mexico. All the maps, drawings, and tables had been completed and duly authenticated by the joint commissioners, and were ready to be deposited with their joint report under their hands and seals in the archives of this Government. Of this I had the honor to inform you in my letter of the 24th ultimo. I can hardly express the pain which this unfortunate event has occasioned me. But I can not perceive that any imputation of blame can properly be attached to any officer of the commission. The care and custody of all the work of the United States scientific corps were properly placed in charge of Major Graham, as the head of that corps, who had had the immediate direction and superintendence of it from the first organization of the commission. He required the maps and tables at his office for reference and revision in the progress of the astronomical work. Upon his departure for Mexico he placed Lieutenant A. W. Whipple in his rooms with an injunction to guard with the utmost care the valuable property of the commission. On the day after he left the city, and when for the first time informed of the fact, I called upon Lieutenant Whipple and requested him to have all the maps, drawings, and tables ready to be turned over to the State Department on the following day. On the 24th ultimo I acquainted you with that fact. No censure can possibly be attributed to Lieutenant Whipple, whose great care and attention to all his duties have been on all occasions highly distinguished. He escaped from the fire with scarcely an article of his dress, and his loss in money and clothing is at least $1,000. Major Graham has lost his valuable library, together with personal effects to a large amount. The fire was communicated from the basement of the house, and by no effort could anything be saved. There are tracings of the maps upon "tissue paper," without the topography, in the State of Maine, but they are not signed by the commissioners. The field books of the engineers were, fortunately, not in Major Graham's office, and are preserved. Duplicates of the maps, duly authenticated, have been placed in the British archives at London, which, although they have not the topography of the country so fully laid down upon them as it was upon our own, represent with equal exactness the survey of the boundary itself. Should it be deemed expedient by this Government to procure copies of them, access to those archives for that purpose would undoubtedly be permitted, and the object accomplished at small expense, and when completed these copies could be authenticated by the joint commissioners in accordance with the provisions of the treaty. I have the honor to be, with great respect, your obedient and humble servant, Report of the joint commission of boundary appointed under the treaty of Washington of August 9, 1842. The undersigned, commissioners appointed under the treaty of Washington to trace and mark the boundary, as directed by that treaty, between the British possessions in North America and the United States-that is to say, James Bucknall Bucknall Estcourt, lieutenant-colonel in the British army, appointed commissioner by Her Britannic Majesty, and Albert Smith, appointed commissioner by the President of the United States-having accomplished the duty assigned to them, do now, in accordance with the directions of the said treaty, submit the following report and the accompanying maps, jointly signed, to their respective Governments. In obedience to the terms of the treaty, the undersigned inet at Bangor, in the State of Maine, on the 1st day of May, 1843, where they produced and verified the authority under which they each were respectively to act. They then adjourned, because the weather was not sufficiently open for taking the field, to the Ist of the following month (June), and agreed to meet again at that time at Houlton. Accordingly, they did meet at that place, and began their operations. It may be desirable to state at the outset that for the sake of convenience the whole line of boundary marked by the undersigned has been divided in the mention made of the different portions into the following grand divisions, viz: "North line," from the source of the St. Croix to the intersection of the St. John. "River St. John," from the intersection of the north line to the mouth of the St. Francis. "River St. Francis," from its mouth to the outlet of Lake Pohenagamook. "Southwest line," from the outlet of Lake Pohenagamook to the Northwest Branch of the St. John. "South line," from the Northwest Branch to the parallel of latitude 46° 25′ ou the Southwest Branch. "Southwest Branch," from the parallel 46° 25' to its source. "Highlands," from the source of the Southwest Branch of the St. John to the source of Halls Stream. "Halls Stream," from its source to the intersection of the line of Valentine and Collins. "West line," from Halls Stream to the St. Lawrence near St. Regis, along the line of Valentine and Collins. To return to the narration of operations: The exploring line of Colonel Bouchette and Mr. Johnson, as directed by the treaty, was traced from the monument at the source of the St. Croix to the intersection of the St. John. The monument found at the source of the St. Croix, as described in the report of Colonel Bouchette and Mr. Johnson, and the course of their exploring line, was traced by blazes or marks upon the trees. An old line, cut out by the assistant surveyors of Colonel Bouchette and Mr. Johnson, was also found, which terminated about half a mile north of the South Branch of the Meduxnikeag, where, by records to which the undersigned referred, they aseertained that it had been abandoned because of its deviation from the exploring line of Colonel Bouchette and Mr. Johnson. After the exploration and re-marking of the north line it was cut out 30 feet wide. The same was afterwards done in all parts where the boundary passed through woodland. After thus opening the north line it was surveyed, and iron posts were erected at intervals to mark it. The general bearing of the line was rather to the west of the meridian of the monument at the source of the St. Croix. The precise line laid down by the undersigned was determined by successive courses, of which each was made to be as long as was convenient, provided it did not pass out of the opening of 30 feet. At each angle of deflection an iron monument was erected, and placed anglewise with the line. Other monuments were erected at the crossing of roads, rivers, and at every mile, commencing from the source of the St. Croix. Those which were not intended to mark angles of deflection were placed square with the line. At the intersection of the St. John by the north line the river is deep and broad. The boundary runs up the middle of the channel of the river, as indicated by the maps, dividing the islands as follows: The islands were distributed to Great Britain or to the United States, as they were found to be on the right or left of the deep channel. There was but one doubtful case, La Septieme Isle, and that was apportioned to the United States because the majority of the owners were ascertained to reside on the United States side of the river. Monuments were erected upon the islands, marking them for Great Britain or the United States, as the case may have been. After leaving the St. John the boundary enters the St. Francis, dividing the islands at the mouth of that river in the manner shown in the maps. It then runs up the United States. United States. United States. United States. United States. United States. Great Britain. |