About State of the Union History

1798 John Adams - Passamaquoddy Bay and the true St. Croix River



In 1794, the Jay Treaty was signed in London and brought peace between His Britannic Majesty and the United States. As part of this treaty, the northern boundary between British Canada and the United States was defined to be the St. Croix river.  But which river was the St. Croix river.  The British agent defined the River St. Croix as the river with it's mouth in Passamaquoddy Bay containing the Island of St. Croix, so called by De Monts.   The American agent argued that the St. Croix was actually the Magaguadavic, another large river which also had it's mouth in Passamaquoddy but was east of the Scoodiac. 

Under article the question was to be referred to the final decision of three commissioner's.  One commissioner was to be named by His Majesty of Spain and one by the President of the Untied States.   Based on article 5 of the Jay treaty, the third commissioner to was chosen by lot in the presence of the first two commissioners. 

Whereas doubts have arisen what River was truly intended under the name of the River st Croix mentioned in the said Treaty of Peace and forming a part of the boundary therein described, that question shall be referred to the final Decision of Commissioners to be appointed in the following Manner-Viz-

One Commissioner shall be named by His Majesty, and one by the President of the United States, by and with the advice and Consent of the Senate thereof, and the said two Commissioners shall agree on the choice of a third, or, if they cannot so agree, They shall each propose one Person, and of the two names so proposed one shall be drawn by Lot, in the presence of the two original Commissioners.


Thus it was by lot, that Edgar Benson of New York was chosen as the third commission and the three of them were sworn into make the final decision regarding which river was the St. Croix.  Benson decided that the Scoodiac river was the River St. Croix.  In his second annual address to Congress, President John Adams announced that on October 25, 1798 the commission "made their declaration that a river called Scoodiac, which falls into Passamaquoddy Bay at its northwestern quarter, was the true St. Croix intended in the treaty of peace, as far as its great fork, where one of its streams comes from the westward and the other from the northward, and that the latter stream is the continuation of the St. Croix to its source."  Additional questions were also settled regarding the source of the St. Croix and the drawing of boundary lines could now be completed.
"The commissioners appointed in pursuance of the 5th article of the treaty of amity, commerce, and navigation between the United States and His Britannic Majesty to determine what river was truly intended under the name of the river St. Croix mentioned in the treaty of peace, and forming a part of the boundary therein described, have finally decided that question. On the 25th of October they made their declaration that a river called Scoodiac, which falls into Passamaquoddy Bay at its northwestern quarter, was the true St. Croix intended in the treaty of peace, as far as its great fork, where one of its streams comes from the westward and the other from the northward, and that the latter stream is the continuation of the St. Croix to its source.
This decision, it is understood, will preclude all contention among the individual claimants, as it seems that the Scoodiac and its northern branch bound the grants of land which have been made by the respective adjoining Governments.
A subordinate question, however, it has been suggested, still remains to be determined. Between the mouth of the St. Croix as now settled and what is usually called the Bay of Fundy lie a number of valuable islands. The commissioners have not continued the boundary line through any channel of these islands, and unless the bay of Passamaquoddy be a part of the Bay of Fundy this further adjustment of boundary will be necessary, but it is apprehended that this will not be a matter of any difficulty."

http://www.presidency.ucsb.edu/ws/index.php?pid=29440
http://avalon.law.yale.edu/18th_century/jay.asp
The Right of the United States to the North-eastern Boundary Claimed by Them by Albert Gallatin  pg 156 to 158
https://books.google.com/books?id=hBYlgrk05msC&dq=scoodiac+river&source=gbs_navlinks_s
http://www.old-maps.com/nautical/Maine/NOAA_Modern/13398_PassamaquoddyBay_StCroixRiver_web.jpg

No comments:

Post a Comment