Twenty Unsettled Miles in the Northeast Boundary: [From the Report of the Council of the American Antiquarian Society, presented at the Annual Meeting held in Worcester, October 21, 1896]Mendenhall, Thomas C. (Thomas Corwin)
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Twenty Unsettled Miles in the Northeast Boundary: [From the Report of the Council of the American Antiquarian Society, presented at the Annual Meeting held in Worcester, October 21, 1896]
Mendenhall, Thomas C. (Thomas Corwin)
Northeast boundary of the United States; Passamaquoddy Bay (N.B. and Me.)
Accordingly, in Article II. of the Convention between the United
States and Great Britain, concluded at Washington, on July 22, 1892,
it is agreed that each nation shall appoint a Commissioner, and that
the two shall “determine upon a method of more accurately marking the
boundary line between the two countries in the waters of Passamaquoddy
Bay in front of and adjacent to Eastport in the State of Maine, and
to place buoys and fix such other boundary marks as they may deem to
be necessary.” The phrasing of this Convention furnishes in itself,
a most excellent example of how a thing ought not to be done. There
is no doubt that a large majority of the boundary-line disputes the
world over, are due to the use of faulty descriptions involving hasty
and ill-considered phraseology. We are particularly liable to this
sort of thing in the United States, by reason of the fact that most
of our diplomatic affairs are too often conducted by men of little
experience and no training, and who are unaccustomed to close criticism
of the possible interpretation of phrases and sentences relating to
geographical subjects. A treaty of this kind is usually satisfactory to
both parties when entered into, and it is only at a later period, when
it must be interpreted, that one or the other of them is likely to find
that it is capable of a rendering and an application very different
from what had been thought of at the time. Innumerable examples of this
looseness of language might be given if necessary, but it is important
to call attention to the inherent weakness of the document now under
consideration. The first phrase, requiring the commissioners “to
determine upon a method of more accurately marking the boundary line”
implies that it was already marked in some unsatisfactory manner, and
it implies still further, that such a boundary line exists, neither
of which assumptions is correct. As a consequence of this erroneous
hypothesis, the description of the part of the line to be marked,
namely, that in front of and adjacent to Eastport, is vague and
inadequate, and, indeed, there is nowhere a hint of a recognition of
the real facts.
Under this convention, Hon. W. F. King, of Ottawa, Canada, was
appointed commissioner on the part of Great Britain, and the writer of
this paper represented the United States.
Public-domain text, read in full here on John Shaqi.
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