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
From whatever source the negotiators of the treaty of 1783 derived their
view of the boundary, that instrument directs that it shall be a due
north line from the source of the river St. Croix. This expression is
too definite to require explanation or illustration, and it is only for
those purposes that any other instrument can be permitted to be quoted.
In the passages referred to the words "versus septentrionem" occur three
times, and in two of the instances are qualified by the context in such
manner as to leave no possible doubt as to the meaning. The first time
they occur the words of the passage are, "prope latitudinem quadraginta
trium graduum aut eo circa versus septentrionem." The free translation
into modern idiom is beyond doubt, "near the forty-third degree of north
latitude or thereabout;" and the direction toward the north must be
along a meridian line on which latitude is measured, or due north.
Messrs. Mudge and Featherstonhaugh, instead of connecting in their
translation the words "versus septentrionem" with the words "prope
latitudinem," etc., with which they stand in juxtaposition in the Latin
text which they quote, connect them with the words "ad occidentem
tendentem," which occur in the next clause of the sentence, even
according to their own punctuation. We note this as a false translation,
although it does not touch the point in dispute. They have, indeed,
attempted to use it in their argument; but even if the use they make
of it had been successful their inferences fall, because drawn from
erroneous premises.
The second clause in which the words occur is as follows: "Ad stationem
navium Sanctae Mariae vulgo St. Marys Bay, et deinceps versus
septentrionem per directam lineam introitum sive ostium magnae illius
stationis navium trajicientem," etc., "ad fluvium vulgo nomine Sanctae
Crucis appellatum." Here the line, although directed to be drawn toward
the north, is also directed to be drawn between two given points, and it
is clear that under the double direction, if they should differ from
each other, the position of the given points must govern, and the line
be traced from one of them to the other, no matter what may be their
bearings.
The last time the words occur is after the direction that the line shall
pass up the St. Croix and to the most remote western spring or fountain
of that stream, "unde per imaginariam lineam directam quae pergere per
terram seu currere versus septentrionem concipietur." Here alone can any
doubt exist as to the meaning of the terms, and that is easily solved.
Public-domain text, read in full here on John Shaqi.
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