A Compilation of the Messages and Papers of the Presidents. Volume 3, part 2: Martin Van Buren
History
A Compilation of the Messages and Papers of the Presidents. Volume 3, part 2: Martin Van Buren
Presidents -- United States; United States -- History -- Sources; United States -- Politics and government; Van Buren, Martin, 1782-1862
a century has elapsed since the conclusion of the treaty in which it
originated, renders it in the highest degree improbable that the two
Governments can unite in believing that either the one or the other of
the ranges of highlands claimed by the respective parties fulfills the
required conditions of that instrument. The opinions of the parties have
been over and over again expressed on this point and are well known to
differ widely. The commission can neither reconcile nor change these
variant opinions resting on conviction, nor will it be authorized to
decide the difference. Under these impressions of the inefficiency of
such a commission was the inquiry made in the letter of the undersigned
of 5th March, 1836, as to the manner in which the report of the
commission, as proposed to be constituted and instructed by Her
Majesty's Government, was expected to lead to an ultimate settlement of
the question of boundary. The results which the American proposition
promised to secure were fully and frankly explained in previous notes
from the Department of State, and had its advantages not been clearly
understood this Government would not have devolved upon that of Her
Majesty the task of illustrating them. Mr. Fox will therefore see that
although the proposal to appoint a commission had its origin with
this Government the modification of the American proposition was, as
understood by the undersigned, so fundamentally important that it
entirely changed its nature, and that the supposition, therefore, that
it was rather for the Government of the United States than for that
of Great Britain to answer the inquiry referred to is founded in
misapprehension. Any decision made by a commission constituted in the
manner proposed by the United States and instructed to seek for the
highlands of the treaty of 1783 would be binding upon this Government
and could without unnecessary delay be carried into effect; but if the
substitute presented by Her Majesty's Government be insisted on and its
principles be adopted, a resort will then be necessary to the State of
Maine for her assent to all proceedings hereafter in relation to this
matter, since if any arrangement can be made under it it can only be
for a conventional line, to which she must of course be a party.
The undersigned, in conclusion, is instructed to inform Mr. Fox
that if a negotiation be entertained at all upon the inconclusive and
unsatisfactory basis afforded by the British counter proposition or
substitute, which possesses hardly a feature in common with the American
proposition, the President will not venture to invite it unless the
authorities of the State of Maine, to whom, as before stated, it will
be forthwith submitted, shall think it more likely to lead to a final
adjustment of the question of boundary than the General Government deems
it to be, though predisposed to see it in the most favorable light.
Public-domain text, read in full here on John Shaqi.
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