A Compilation of the Messages and Papers of the Presidents. Volume 4, part 2: John Tyler
History
A Compilation of the Messages and Papers of the Presidents. Volume 4, part 2: John Tyler
Presidents -- United States; Tyler, John, 1790-1862; United States -- History -- Sources; United States -- Politics and government
If it should be admitted, for argument's sake, that the claim of
Massachusetts, as inherited by the State of Maine, to the disputed
territory is unfounded, it is a circumstance that can not enter into
a discussion between Great Britain and the United States of America.
Massachusetts did claim, under at least the color of a title, not merely
to "the highlands," but to the St. Lawrence itself, and the claim was
admitted as far as the former by the treaty of 1783. If it should
hereafter appear that this claim can not be maintained, the territory
which is not covered by her title, if within the boundary of the treaty
of 1783, can not revert to Great Britain, which has ceded its rights to
the thirteen independent States, but to the latter in their confederate
capacity, and is thus the property of the whole Union. As well might
Great Britain set up a claim to the States of Alabama and Mississippi,
which, although claimed by the State of Georgia, were found not to be
covered by its royal charter, as to any part of the territory contained
within the line defined by the treaty of 1783, under pretense that the
rights of Massachusetts are not indefeasible.
While, therefore, it is maintained that whether the title of
Massachusetts be valid or not is immaterial to the present question,
it may be further urged that not even the shadow of a pretense existed
for divesting her of her rights by the proclamation of 1763, except to
territory which by neglect she had permitted France to occupy. On this
point the French are the best authority, for it can not be pretended
that the Crown of England intended in forming the Province of Quebec
to go beyond the utmost limits of the claim of France to her colony of
Canada. The assertions on the part of France in the argument preceding
the War of 1756 were:
First. That both banks of the St. Lawrence are included in Canada.
Second. That with the exception of Miscou and Cape Breton, her grants
extended 10 leagues from the river.
Third. That the commissions of the governors of Canada in the most
formal and precise manner extended their jurisdiction to the sources
of the rivers which discharge themselves into the St. Lawrence.
Now the distance of 10 French leagues and that of the sources of the
rivers, on an average, are nearly identical, and this narrow tract, of
which alone the Crown could with any shadow of justice assume the right
of disposing, is that of which Massachusetts was intended to be divested
by the proclamation of 1763.
It was because Great Britain held that these claims on the part of
France were too extensive that the War of 1756 was waged. In this war at
least one-half of the force which under Wolfe took Louisburg and reduced
Quebec, and under Amherst forced the French armies in Canada to a
capitulation, was raised and paid by the colonies. The creation of the
Province of Quebec, covering a part of their chartered limits, was
therefore a just subject of complaint.
Public-domain text, read in full here on John Shaqi.
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