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JAY TO EDMUND RANDOLPH. 93
conveniences to both parties, the line of the waters
was preferred by both. This water line was, by
mutual consent, terminated at the northwesternmost
point of the Lake of the Woods ; it was agreed that
the Mississippi should bound the United States on
the west, nothing then remained but to agree on the
course which the closing line, from the lake to the
river, should run ; and a due west course was agreed
upon, without any expectation or design that it would
or should there meet the navigable water. The
truth is, that the stipulation respecting the navigation
of the river, being free to both parties, was an afterthought, and gave occasion to a new and subsequent
article, viz., the eighth. Even in the drawing of that
article, when the navigation of the river became an
object of contemplation, no connection was introduced between the right mentioned in that article and
the boundaries designated in the second article ; no
facilities were asked, or proposed, or stipulated, for a
water or any other communication between Canada
and the navigable water of the Mississippi, which
doubtless would have been the case had such a communication been then in view, especially considering
the absolute uncertainty and extreme improbability
of that river being navigable above the high latitude
of the Lake of the Woods.
From the before mentioned circumstances and considerations it seems fairly to result that the two
reasons assigned for the cession in question, as a
matter of equity and right, do not afford it a solid
foundation.
| Title | The correspondence and public papers of John Jay - 4 |
| Creator | Jay, John |
| Publisher | G.P. Putnam's Sons |
| Place of Publication | New York, London |
| Date | [1890-93] |
| Type | Books/Pamphlets |
| Title | 00000120 |
| Type | Books/Pamphlets |
| Transcript | JAY TO EDMUND RANDOLPH. 93 conveniences to both parties, the line of the waters was preferred by both. This water line was, by mutual consent, terminated at the northwesternmost point of the Lake of the Woods ; it was agreed that the Mississippi should bound the United States on the west, nothing then remained but to agree on the course which the closing line, from the lake to the river, should run ; and a due west course was agreed upon, without any expectation or design that it would or should there meet the navigable water. The truth is, that the stipulation respecting the navigation of the river, being free to both parties, was an afterthought, and gave occasion to a new and subsequent article, viz., the eighth. Even in the drawing of that article, when the navigation of the river became an object of contemplation, no connection was introduced between the right mentioned in that article and the boundaries designated in the second article ; no facilities were asked, or proposed, or stipulated, for a water or any other communication between Canada and the navigable water of the Mississippi, which doubtless would have been the case had such a communication been then in view, especially considering the absolute uncertainty and extreme improbability of that river being navigable above the high latitude of the Lake of the Woods. From the before mentioned circumstances and considerations it seems fairly to result that the two reasons assigned for the cession in question, as a matter of equity and right, do not afford it a solid foundation. |
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