was a policy intended to act in the inter- | flow steadily through the passes and val-
ests of peace and harmony, since it was leys of the Alleghanies and to build up
then believed in England by others be- the great West. By 1840 the total popu-
sides Pitt, that the two races would more lation of the United States was nearly
happily and successfully work out their eighteen millions, of whom one million five
political fortunes apart from each other in hundred thousand now lived in Ohio,
those early days.
seven hundred thousand in Indiana, five
hundred thousand in Illinois, over thirty-
one thousand in Wisconsin all States
carved out of that North-West which was
once claimed by France, and might have
remained in English hands, had English
statesmen been more firm and had felt
any confidence in the future of Canada.
The Federal Union of 1789 had, during
this period, increased from thirteen to
twenty-six States in itself very eloquent
evidence of the material development of
the country, and of the success of the fed-
eral system of government.

it could be used as a lever to bring En- | ground that the war had repealed these gland to satisfactory terms or else be temporary liberties. The contention of united to the Federal Union. The result the Federal government was to the effect, of the war showed, however, that the peo- that the Treaty of 1783 was of "a peculiar ple of the United States had entirely mis- character," and that because it contained taken the spirit of Canadians, and that the a recognition of American independence small population scattered over a large it could not be even in part abrogated by region, with hardly a town of any large a subsequent war between the parties that importance, was animated by a stern de- had agreed to its provisions. The propotermination to remain faithful to England. sitions laid down by the British governCanadians came out of the conflict with a ment in answer to this extraordinary confidence they had never felt before and claim, are unanswerable. In short, it was of their ability to maintain themselves in correctly argued that "the claim of an security on the St. Lawrence and the independent State to occupy and use at its great lakes. Although the war ended discretion any portion of the territory of without any definite decision on the ques- the other, without compensation of corretions at issue between the United States sponding indulgence, cannot rest on any and England, the rights of neutrals were other foundation than conventional stipu strengthened, and the pretensions of En-lation." To quote the language of an able gland as to the right of search are not English writer on international law, this likely to be urged again in times of war. "indefensible pretension was abandoned But not only did the Canadians teach the in the Treaty of 1818, and "fishery rights people of the United States to respect were accepted by the United States as them, they gained a practical advantage having been acquired by contract." The from the fact that it re-opened the ques- Convention of 1818 forms the legal basis tion of the fisheries. We have already of the rights, which Canadians have always stated that the Treaty of 1783 had con- maintained, in the case of disputes beceded large rights and liberties to the tween themselves and the United States fishermen of the United States on the as to the fisheries on their own coasts, banks and coasts of Newfoundland and of bays, and harbors of Canada. It provides the maritime provinces of British North that the inhabitants of the United States America. The people of that country had shall have forever the liberty to take, dry, claimed substantially that they had an orig- and cure fish on certain parts of the coast inal and prescriptive right in the fisheries of Newfoundland, on the Magdalen which they had used as British subjects Islands, and on the southern shores of in North America. In the Treaty of 1783 Labrador; but they "renounce forever they were given the "right" to fish on the any liberty, heretofore enjoyed" by them Grand and other banks of Newfoundland to take, dry, and cure fish, "on or within and in the Gulf of St. Lawrence, and "at all three marine miles of any of the coasts, other places in the sea, where the inhab- bays, creeks, or harbors of his Britannic itants of both countries used at any time Majesty's other dominions in America; heretofore to fish;" but they were to have provided, however, that the "American only "the liberty" of taking fish on the fisherman shall be admitted to enter such coasts of Newfoundland, and also of "all bays and harbors, for the purpose of shelother of his Britannic Majesty's dominions ter, and of repairing damages therein, of in America; and also of drying and curing purchasing wood, and of obtaining water, fish in any of the unsettled bays, harbors, and for no other purpose whatever." The and creeks of Nova Scotia [then including American fishermen at the same time are New Brunswick], Magdalen Islands, and to be "under such restrictions as may be Labrador, so long as the same shall remain necessary to prevent their taking, drying, unsettled." In the one case, it will be seen, or curing fish therein, or in any other there was a recognized right, and in the manner whatever abusing the privileges other only a mere "liberty" or privilege hereby reserved to them." It seems that extended to the fishermen of the United in the original draft of the treaty the word States. This clause in the treaty was one "bait" appeared after "water," but it was of the concessions which Oswald conceded left out in the final agreement when the to the persistence of the American com- commissioners of the United States found missioners who attached great importance that they must concede this and other to the fisheries of the provinces; but after liberties previously enjoyed, in order to the close of the war of 1812, when it was obtain as extensive a territory as possible necessary to consider the terms of peace, the English government took a decided

Hall, pp. 97-99.

E

for inshore fishing. Between 1818 and
1854, when the Reciprocity Treaty was
arranged between the United States and
the provinces of British North America,
fishing vessels belonging to the former
country were frequently detained, seized,
and in some cases condemned for evasions
of the treaty.

inces. In Upper Canada, as indeed was the case in all the provinces, a bureaucracy ruled, and the name "family compact was given in derision to the governing class. The imperial authorities were no doubt dilatory in providing effective remedies; they were too often misled by choleric military governors, little versed

With the exception of this acknowledg-in political science; they were frequently ment of the fishery rights of the provinces, in a quandary on account of a division of the war of 1812-1815 gave no special opinion among the various provincial leadadvantage to the Canadian people. En- ers who were suggesting means of settling gland held during the war all the territory existing difficulties. Looking calmly and of Maine between the St. John and the dispassionately at the history of these Penobscot. Her flag also flew over Mack- times, we must admit that there is no inaw, the key to the North-West. "It is reason to conclude that British ministers not impossible," says an American writer, were disposed to do the people grievous "that the war of 1812 for a time revived injustice, and sooner or later the questions English hopes of again recovering the at issue must have found a satisfactory North-West. Only three of the thirty-solution. But Papineau, an impassioned two years lying between 1783 and 1815 were years of war; but for one-half of the whole time, the British flag was flying on the American side of the boundary line. In the largest sense, therefore, the destiny of the North-West was not assured until the Treaty of Ghent."* Had the English seized this opportunity of finally settling the western boundary of New Brunswick, the difficulties that afterwards arose might have been for once and all settled, and Canada would have obtained a territory most useful to the commercial development of the present Dominion. But in all probability the victories gained by the United States at Plattsburg and New Orleans had much influence in inducing England to come to terms with the republic, and it was fortunate for Canada that she was allowed to keep any control of her most valuable fisheries. Fate had decreed that the Mississippi River should flow continuously through the lands of the new nation, and that Canada should find in the valley of the St. Lawrence one of the chief sources of her prosperity and future greatness.

Before the close of the period which we are considering clouds again appeared on the Canadian horizon, arising out of the political troubles in Upper and Lower Canada. The representatives of the people in the several elective assemblies were demanding that the legislative councils should be elected by the people, that the people's House should have control of the revenues and expenditures, and that a larger measure of self-government, in short, should be conceded to the prov

Hinsdale, The Old North-West, p. 185.

orator and a rash popular leader, led a
number of his French Canadian compa-
triots into a rebellion which was easily
repressed. In Upper Canada, a little
peppery Scotchman of the name of Mac-
Kenzie, who had done much in the press
and in the legislature to expose the defects
and weaknesses of the political system,
became impatient at the last, when public
grievances failed to obtain ready redress,
and followed Papineau's example only to
see his conspiracy exposed and defeated
before it obtained any headway. In no
province were the mass of the people
willing to join in a rebellion to gain polit-
ical privileges which would be won in the
end by steady constitutional agitation, and
the exercise of a little patience on the
part of its advocates. Papineau and some
of his friends went into exile, and several
unruly spirits suffered death on the scaf-
fold, though on the whole the English
government acted with lenity through this
trying ordeal. MacKenzie fled to the
United States, and industriously set to
work to violate the neutrality of that
country by collecting bands of ruffians in
the city of Buffalo for the purpose of in-
vading Canada. The consequence was,
that the frontier of Upper Canada was
kept for months in a state of fever by his
criminal conduct, and the two countries
were brought to the verge of war.
raiders seized an island just above Niagara
Falls on the Canadian side, as a base of
operations, and a vessel was freely allowed
to ply between the island and the mainland
with supplies. It became necessary to
stop this bold attempt to supply the free-
booters on Navy Island with the muni-
tions of war, and a Canadian expedition
was accordingly fitted out to seize the Car-

The

oline, the vessel thus illegally employed. | characters, who declared he had been
She was cut from her moorings on the heard to boast of his part in the exploit.
American side, her crew taken prisoners, The British government at once took the
one man killed, and the vessel set on fire sound ground that, in any case, the de.
and sent over the Falls of Niagara. This struction of the Caroline was a public act
was clearly one of those junctures when of persons employed in her Majesty's ser-
no other means were available for protect- vice, and that it could not be justly made
ing Canada from the lawless attacks of the occasion of "legal proceedings in the
men who found the Caroline of great as- United States against the individuals
sistance in their intended raid on Canadian concerned, who were bound to obey the
territory. The United States' authorities authorities appointed by their own gov.
had made no special effort up to this mo- ernment." The Washington government
ment to prevent this unwarrantable use of evaded the whole question at issue by
their soil by ruffians, and the Canadians throwing the responsibility on the State
were forced by every consideration of self- authorities, and declared that they could
protection to take the law into their own not interfere with a matter which was then
hands. There was probably a technical within the jurisdiction of the State courts.
violation of the territory of the United The matter gave rise to much correspond.
States, but looking now at the whole ques-ence between the two governments, but
tion dispassionately, one cannot help feel- happily for the peace of the two countries
ing that a little more determination on the the courts acquitted Macleod, as the evi-
part of the government of the United dence was clear that he had had nothing
States would have prevented all the diffi- to do with the actual seizing of the Caro-
culty that afterwards arose when they de- line, and the authorities at Washington
manded an apology for an act which was soon afterwards acknowledged their re-
necessary on account of the absence of sponsibilities in such affairs by passing
that "due diligence," which they after- an act directing that subjects of foreign
wards pressed in the case of the Alabama. powers, if taken into custody for acts done
The government of the United States, or committed under the authority of their
however, subsequently recognized their State, "the validity or effect whereof de-
obligations to Canada, and took measures pends upon the law of nations, should be
to vindicate the neutrality of their territory. discharged." The imperial government
As we have already said, the year 1840 throughout this affair acted in a spirit of
was a turning-point in the history of the much forbearance, and simply with the ob-
material and political development of Brit-ject of obtaining the acknowledgment of a
ish North America. The two Canadas sound principle of international law, and
were re-united under the name of the prov- it must be admitted that the Washington
ince of Canada, and the basis was laid for authorities showed an unwillingness to
the complete measure of self-government move determinately in the matter which
that is now enjoyed by all the communities was very irritating to Canadians, although
of the present Dominion. The total pop- allowance must be made for the fact that
ulation of British North America now ex- in those days the central government of
ceeded one million of souls, of whom at the Federal Union was weak, and the
least six hundred thousand were French principle of State sovereignty was being
Canadians, who looked for a time with pressed to the extreme limit.
suspicion on the union, under the belief Two other questions were settled during
that it was a direct blow against their spe- this important period of Canadian history,
cial institutions. As the years passed by, after having imperilled the peaceful rela-
however, they found that they were treated tions of the two countries for years. By
in a spirit of justice, and were able to ex- 1840 the question of the disputed territory
ercise a potent influence in political affairs. between Maine and New Brunswick had
From 1840 to 1867 the relations of Canada assumed grave proportions. In a paper
and the United States became much closer, of this character it is impossible to do
and more than once assumed a dangerous more than give an outline of the opinions
phase. In 1840 the authorities of New always entertained by Canadians on a
York arrested one Macleod on the charge question of a very complicated character,
of having murdered a man who was em- to which reams of literature have been
ployed on the Caroline. It appeared, how-devoted in the past. The first effect of
ever, on enquiry, that Macleod had not the dispute on the material development
actually assisted in the capture of the ves- of Eastern Canada was the failure of an
sel, and that the charge rested on the effort that was made in 1835 to construct
doubtful evidence of some questionable a line of railway from Quebec to St. An-

Pr

|

nial trade until after 1867. In these later times a "Canadian short line "railway has been forced to go through Maine in order to connect Montreal with Fredericton, St. Andrew's, and the maritime provinces generally.

drew's on the Bay of Fundy, on account of
the clamor raised by the people of Maine,
on the ground that the road would run
through territory which they claimed as
their own. By the Treaty of 1783, the
boundary was to be a line drawn from the
source of the St. Croix, directly north, to During this period was settled another
the highlands which divide the rivers question which was the subject of much
which fall into the river St. Lawrence; heated controversy between England and
thence along the said highlands to the the United States for more than a quarter
north westernmost head of the Connecti- of a century, and in 1845 brought the two
cut River; and the point at which the due countries very close to war. In 1819 the
north line was to cut the highlands was United States obtained from Spain a ces-
also designated as the north-west angle of sion of all her rights and claims north of
Nova Scotia. The whole question had latitude forty-two, or the southern boun-
been the subject of several commissions dary of the present state of Oregon. By
and of one arbitration from 1783 to 1842, that time the ambition of the United States
when it was submitted to Mr. Daniel Web- was not content with the Mississippi val-
ster and Mr. Alexander Baring, who were ley, of which she had at last full control by
chosen by the governments of the United the cession of the Spanish claims and by
States and England respectively, to ar- the Louisiana purchase of 1803, but looked
range all matters of controversy between to the Pacific coast where she made pre-
the two countries. The result was a tensions to a territory stretching from 42°
compromise by which the United States to 54° 40′ north latitude, or a territory
obtained seven-twelfths, and the most four times the area of Great Britain and
valuable section of the disputed territory, Ireland or of the present province of On-
and Canada a much smaller and compara-tario.* The people of the United States,
tively valueless tract of land. In fact,
after half a century of controversy, the
English government gave up to the United
States, in all, eleven thousand square
miles of land, or the combined areas of
Massachusetts and Connecticut. It would
be impossible to disabuse the great ma-
jority of Canadians of the fixed idea, which
has come to them as the heritage of those
badly managed negotiations, that their
interests were literally given away by the
too conciliatory and amiable English en-
voy who knew nothing of the question,
and was quite indifferent, like most En-
glishmen of those days, to Canadian mat-
ters. Lord Ashburton was practically
pledged to a settlement at any price, even
if it gave up all the territory in dispute to
the United States. The isolated prov-
inces in those days were endeavoring to
establish the principles of local self-gov-
ernment on sound foundations, and had
little or no opportunity of exercising any
direct influence in imperial councils on
this question. If we look at the map, we
shall see at a glance the important effect
of this settlement upon the territorial lim-
its of the present Dominion. The State
of Maine now presses like a huge wedge
into the provinces of New Brunswick and
Quebec. As already stated, the persist-
ency of Maine, fifty years ago, stopped
railway communications between the up-
per and lower provinces, and practically
prevented the development of intercolo-head of this paper.

conscious at last of the importance of the territory, began to bring their influence to bear on the politicians, until by 1845 the Democratic party declared for " 54° 40′ or fight." Mr. Crittenden announced that "war might now be looked upon as almost inevitable." Happily President Polk and Congress came to more pacific conclusions after a good deal of warlike "talk," and the result was a treaty by which England was satisfied with the line 49° to the Pacific coast, and the whole of Vancouver Island, which, for a while, seemed likely to be divided with the United States. In fact England yielded all she had contended for since 1824, when she first proposed the Columbia River as a basis of division. But even the question of boundary was not finally settled by this great victory won for the United States by the persistency of her statesmen. The Treaty of 1846 continued the line of boundary westward along "the 49° parallel of north latitude to the middle of the channel which separates the continent from Vancouver Island, and thence southerly through the middle of the said channel and of Fuca's straits to the Pacific Ocean." Any one reading this clause for the first time, without reference to the contentions that were raised after

See the Quarterly Review for 1845-6 (vol. 77, pp. 526-563), where the English case is ably argued in all stated in a recent work on Oregon, which is cited at the its aspects. The case of the United States is fully