101 



Britain was equally entitled to the benefit of the words " to the ri- 

 ver Mississippi." Both the demands stood on the same grounds. 

 Before the war of 1812, three abortiv?. attempts had been made by 

 the parties to adjust this boundary. The first was by the treaty of 

 1794, when it was already conjectured, but not ascertained, that 

 the line due west from the lake would not intersect the Mississippi. 

 By the fourth article of the treaty of 1 794, it was agreed that a joint 

 survey should be made to ascertain the fact ; and that, if, on the 

 result of that survey, it should appear, that the west line would not 

 intersect the river, the parties would proceed, "by amicable nego- 

 *' tiation, to regulate the boundary line in that quarter, according to 

 "justice and mutual convenience, and in conformity to the intent 

 *' of the treaty of 1783." This survey was never made. The 

 second attempt to adjust the line, was by the convention signed on 

 the 12th of "Vlay, 1803, by Mr. King and lord Hawkesbury ; the 

 fifth article of which, after recitinsi: the same uncertainty, whether 

 a line drawn due west from the Lake of the Woods would intersect 

 the Mississippi, provided that, instead of the said line, the bounda- 

 ry of the United; States, in that quarter, should, and was declared 

 to be, ihe shortest line zi;hich could be drawn between the northwest 

 point of the Lake of the Woods^ and the nearest source of the river Mis- 

 siasippi. This convention not having been ratified, the third at- 

 tempt at adjustment had been made in the negotiation of Mr. Monroe 

 And Mr. Pinkney, of 1806 and 1807 ; at which an article had been 

 proposed and agreed to, that the line should be from the most 

 northwestern point of the Lake of the Woods, to the 49th parallel 

 of latitude, and from that point, due west, along and with the said 

 parallel, as far as the respective territories extend in that quarter. 

 And with that article was coupled another, as follows : 



" It is agreed by the United States that his majesty's subjects 

 ** shall have, at all times, free access from his majesty's aforesaid 

 *' territories, by land or inland navigation, into the aforesaid terri- 

 " tories of the United States, to the river Mississippi, with the 

 •* goods and effects of his majesty's said subjects, in order to enjoy 

 *' the benefit of the navigation of that river, as isecured to them by 

 •* the treaty of peace, between his majesty and the United States, 

 *' and also by the third article of the treaty of amity, commerce, 

 •* and navigation, of 1794. And it is further agreed, that his ma- 

 " jesty's subjects shall, in like manner, and at all times, have free 

 "access to all the waters and rivers falling into the western side of 

 •* the river Mississippi, and to the navigation of the said river," 



This negotiation was suspended, by a change of the British mi- 

 nistry, and was not afterwards resumed. But Ihe following obser- 

 vations upon the two articles, contained in a letter from Mr. Madi- 

 son to Messrs. Monroe and Pinkney, of 30th July, 1807, show how 

 far Mr. Jefferson, then President of the United States, had author- 

 ized those commissioners to accede to them. 



" Access by land or inland navigation from the British territo- 

 •♦ rie<?, through the territory of the United States to the river Mis- 



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