Report on the Eastern Boundary of the United States, 21 April 1785
Report on the Eastern Boundary of the United States
[New York] Office for foreign Affairs April [21, 1785]
The Secretary of the United States for the Department of foreign Affairs, to whom was referred the Papers herewith enclosed respecting the Eastern boundary Line of the said States Reports1—
That in his Opinion effectual Measures should be immediately taken to settle all Disputes with the Crown of Great Britain relative to that Line.—
He thinks that Copies of the said Papers should be transmitted to the Minister Plenipotentiary of the United States at that Court, with Instructions to present a proper Representation of the Case, and to propose that Commissioners be appointed to hear and finally decide those Disputes.—
If this Measure should appear expedient to Congress, your Secretary would suggest the following Hints on the Subject—Vizt.—
That the Number of Commissioners should be six, or eight, or ten, or twelve at the Election of his britannic Majesty; the exact Number not being important.—
That two Commissions of the like Tenor, to be agreed upon between our and their Ministers, be issued to the whole Number, Vizt. one by the United States and the other by his britannic Majesty.—
That each Party shall name one half of the whole Number.—
That they shall all be Foreigners, or all be Persons of the two Nations, at the Election of his britannic Majesty—it not being important.—
If he should prefer having them of the two Nations, then that he shall name the one half of them, being Inhabitants of any of his Dominions except those which are situated in and to the West and South of the Gulph of St. Laurence—and that the United States shall name the other half from any of their Countries except Massachusetts.—
That the Commissioners if of the two Countries shall sit in North America, but if Foreigners in Europe, at any Place which may be agreed upon by our and their Ministers.—
That previous to their proceeding to Business, they shall respectively take an Oath, fairly, impartially and justly, without Fear, Favor or Affection, to hear and decide the said Matters in Difference, according to the best of their Skill and Understanding, agreeable to the Directions, true Intent and Meaning of the said Commissions.—
That in Case of the Death or Refusal to act, of any of the said Commissioners, previous to their opening, and proceeding to execute, the said Commission (but not afterwards) the Place of such so dying or refusing, shall be supplied by the Party who named him; and that a Certificate thereof under the Seal of Great Britain or of the United States (as the Case may be) directed to said Commissioners, by the Stile of the Commissioners for the settling the boundary Line between his britannic Majesty and the United States on the easterly Side of the latter, shall be full Evidence of such Appointment.—
That a Majority of the whole Number shall be a Quorum for every Purpose committed to them expressly or necessarily implied in their Commissions—such as chusing their Chairman, appointing Secretaries and Surveyors, adjourning from Day to Day, or for a longer Term (which should not exceed ten Days) deciding on Matters of Evidence, and finally determining the Matters in Difference &ca.—
That they keep regular Minutes of their Proceedings—that all Evidence, whether oral or written be entered at large in them—that Copies of all Maps and Surveys admitted as Evidence be made and kept with their Papers.—
That their Chairman for the Time being, shall have Power to administer Oaths—That Contempts offered to the Board, while convened and sitting on the Business of the Commission, shall be punishable as Contempts committed in a Court of Justice; and that a Certificate by the Chairman of such Contempt delivered to any civil Magistrate, shall make it the Duty of such Magistrate, to apprehend and commit the Offender to Prison, there to remain until thence delivered in due Course of Law.—
That both Parties shall have free Access to the public Offices and Records of the other, and be supplied with Copies or Exemplifications of any Parts thereof, on paying the accustomed Fees.—
That both the Parties shall produce to the Board whatever they may have to offer, within three Months after the opening of the said Commission by a Quorum of the Commissioners at the Place to be appointed, who shall sit and be ready to do Business during the whole of that Term, unless the Parties shall by writing under the Hands of their Agent or Agents sooner declare that they have nothing further to offer.—
That on receiving such Declarations from both the Parties ^if^ within the said three Months, or from and immediately after the Expiration of that Term, whichsoever of those Events shall first happen, the Commissioners shall within two Days thereafter deliver their Judgement in Writing under their Hands and Seals, or the Hands and Seals of a Majority of them to the Agents of both Parties. Vizt. one Copy for each Party, and that the said Judgment shall be absolute, final and conclusive between the said Parties.—
That on having given Judgement as aforesaid, or as soon as may be within two Months thereafter, they shall annex Transcripts of all their Minutes, Proceedings and Maps or Surveys abovementioned to each of the said Commissions, and under their Hands and Seals or the Hands and Seals of a Majority of them, shall return the same, the one issued by his britannic Majesty to his britannic Majesty, and the one by the United States to the United States in Congress Assembled, and that the Delivery of the same to their respective Agents shall be deemed and adjudged to be good and sufficient Return.
That the Allowance to be made the said Commissioners for their Service and Expences be fixed by our and their Minister, and that each Party pay the one half thereof.—
That it be expressly stipulated, that his britannic Majesty shall within six Months after the Day on which the Judgement shall be delivered to the Agents as aforesaid cause the United States to be put in full Possession of all the Territories, Lands and Islands which by the said Judgement may be adjudged to the said States, and then being in the Possession of his Majesty; And on the other Hand, that the United States shall within six Months after the Day on which the Judgement shall be preserved ^delivered as aforesaid^, cause his britannic Majesty to be put in full Possession of all the Territories, Lands and Islands which by the said Judgement may be adjudged to him, and then being in the Possession of the United States.2—
All which is humbly submitted to the Wisdom of Congress.—
John Jay
DS, DNA: PCC, item 81, 1: 211–18 (EJ: 3833). Endorsed: “… Entd. / read April 21st. 1785 / Thursday 28th. Assign’d / post poned”. LbkCs, DNA: PCC, item 124, 1: 50–54, with enclosures, 1: 55–76 (EJ: 4507); NNC: JJ Lbk. 3.
1. The Anglo-American peace treaty had specified that the St. Croix River, a name variously applied to the Cobscook, the Schoodic, and the Magaguadavic Rivers, should form the northeastern boundary between American and British territory. On 25 Dec. 1783, John Allen, Indian agent for the eastern department, had forwarded concerns voiced by Micmac, Passamquoddy, Penobscot, and St. John’s Indians over incursions by British subjects into lands extending to the Schoodic River, the westernmost of the three. Congress referred his letter to a committee chaired by TJ. Congress adopted the committee’s report, which suggested that the governor of Massachusetts should inquire whether lands ceded to the United States by the treaty had actually been encroached upon, and if so, to ask the governor of Nova Scotia to “recall” the British subjects. As the enclosures to the present letter show, Massachusetts claimed that the true boundary was the easternmost or Magaguadavic River and, as advised by Congress, initiated correspondence on the matter with British officials, and commissioned Henry Knox and Benjamin Lincoln to assess the state’s claim, which they found valid. On discussion of the northeast boundary in the course of the treaty negotiations of 1782, see 3: 185, 186, 209, 265, 280, 597. In response to Lincoln’s inquiry as to which map the treaty negotiators used to determine the boundary, JJ identified the Mitchell map. See JJ to Lincoln, 17 Aug. 1784, ALS, MHi (EJ: 4704).
2. Under cover of his letter of 25 Apr., Rufus King forwarded JJ’s report to John Lowell, commenting that he did not like it and instructing Lowell to show it to those whom it might concern under the injunction of secrecy—“so instructions to Ministers you very well know are held in Congress.” When correspondence with Thomas Carleton, lieutenant governor of New Brunswick, failed to resolve the issue to Massachusett’s satisfaction, Governor James Bowdoin instructed the Massachusetts delegation to again refer the matter to Congress, which sent it to JJ to report. See JJ’s report to Congress on the Eastern Boundary, 22 Sept., below; 26: 52–53; and 21: 308–9; 22: 355.