The Works of Daniel Webster, Volume 1Webster, Daniel
History
The Works of Daniel Webster, Volume 1
Webster, Daniel
United States -- Politics and government -- 1815-1861
Both sides gained the only object which really was
of importance to either, a settlement by creditable means of a wearisome
national controversy; an honorable escape from the scourge and curse of
war.
Both governments appear to have been fortunate in the constitution of
the joint commission to survey, run, and mark the long line of
boundary. Mr. Albert Smith, of Maine, was appointed commissioner on
the part of the United States, with Major James D. Graham, of the United
States Topographical Engineers as head of a scientific corps, and
Mr. Edward Webster[26] as his secretary. On the part of Great
Britain, Lieutenant-Colonel J. B. B. Estcourt, of her Majesty's
service, was appointed commissioner, with Captain W. H. Robinson, of
the Royal Engineers, as principal astronomer, and J. Scott, Esq., as
secretary. Other professional gentlemen were also employed on both
sides. Great harmony characterized all the proceedings and results of
the commission. The lines were accurately run, and that part of them
not designated by rivers was marked all the way by substantial cast-iron
monuments, with suitable inscriptions, at every mile, and at most of
the principal angles; and wherever the lines extended through
forests, the trees were cut down and cleared to the width of thirty
feet. All the islands in the St. John were also designated with iron
monuments, with inscriptions indicating the government to which they
belonged; and upon that and all other streams forming portions of the
boundary, monuments were erected at the junction of every branch with
the main river.
But it is time to advert to the other great and difficult questions
included in this adjustment. The extradition of fugitives from
justice is regarded by Grotius and other respectable authorities as
the duty of states, by the law of nations. Other authorities reject
this doctrine;[27] and if it be the law of nations, it requires for
its execution so much administrative machinery as to be of no
practical value without treaty stipulations. The treaty of 1794 with
Great Britain (Jay's treaty) made provision for a mutual extradition
of fugitives, in cases of murder and forgery; and the case of Jonathan
Robbins, memorable for the argument of Chief Justice Marshall in
defence of his surrender, gave a political notoriety to that feature of
the treaty not favorable to its renewal in subsequent negotiations.
This treaty stipulation expired by its own limitation in 1806.
Public-domain text, read in full here on John Shaqi.
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