north, existing treaties require the line to be
run due south to its intersection with the forty-fifth parallel, and
thence along that parallel to the Rocky Mountains.
After sundry informal communications with the British minister upon the
subject of the claims of the two countries to territory west of the
Rocky Mountains, so little probability was found to exist of coming
to any agreement on that subject at present that it was not thought
expedient to make it one of the subjects of formal negotiation to be
entered upon between this Government and the British minister as part
of his duties under his special mission.
By the treaty of 1783 the line of division along the rivers and lakes
from the place where the forty-fifth parallel of north latitude strikes
the St. Lawrence to the outlet of Lake Superior is invariably to be
drawn through the middle of such waters, and not through the middle of
their main channels. Such a line, if extended according to the literal
terms of the treaty, would, it is obvious, occasionally intersect
islands. The manner in which the commissioners of the two Governments
dealt with this difficult subject may be seen in their reports. But
where the line thus following the middle of the river or water course
did not meet with islands, yet it was liable sometimes to leave the only
practicable navigable channel altogether on one side. The treaty made no
provision for the common use of the waters by the citizens and subjects
of both countries.
It has happened, therefore, in a few instances that the use of the river
in particular places would be greatly diminished to one party or the
other if in fact there was not a choice in the use of channels and
passages. Thus at the Long Sault, in the St. Lawrence--a dangerous
passage, practicable only for boats--the only safe run is between the
Long Sault Islands and Barnharts Island (all which belong to the United
States) on one side and the American shore on the other. On the other
hand, by far the best passage for vessels of any depth of water from
Lake Erie into the Detroit River is between Bois Blanc, a British
island, and the Canadian shore. So again, there are several channels or
passages, of different degrees of facility and usefulness, between the
several islands in the river St. Clair at or near its entry into the
lake of that name. In these three cases the treaty provides that all the
several passages and channels shall be free and open to the us
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