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
The Secretary admitted that if the American proposition should be
acceded to by His Majesty's Government and the commission hereafter to
be appointed should result in ascertaining the true situation of the
boundary called for by the treaty of 1783, that it would be afterwards
necessary, in order to ascertain the true line, to settle the other two
points according to which it should be traced. He therefore offered,
if the American proposition should be acceded to, notwithstanding the
obligatory effect of the decision of the arbiter on the point is denied,
"to take the stream situated farthest to the northwest among those which
fall into the northernmost of the three lakes, the last of which bears
the name of Connecticut Lake, as the north-westernmost head of the
Connecticut River according to the treaty of 1783;" and as it respects
the third point referred to the arbiter, the line of boundary on the
forty-fifth degree of latitude, but upon which he failed to decide, the
President would agree, if the proposition as to the first point was
embraced, to adopt the old line surveyed and marked by Valentine and
Collins in 1771 and 1772.
The Secretary then proceeded to state further and insuperable objections
to an acquiescence by the United States in the opinions supposed to have
been pronounced by the arbiter in the course of his reasoning upon the
first point submitted to him. He remarked that the views expressed
by the arbiter on these subordinate matters could not be regarded as
decisions within the meaning of the reference, but rather as postulates
or premises, by which he arrived at the opinion expressed in regard to
the point in dispute. By an acquiescence in them, therefore, as required
by Great Britain, the United States would reject as erroneous the
conclusion of the arbiter, whilst they would adopt the premises and
reasoning by which it was attained--that the seven postulates or
premises presented as necessary to be considered by the United States
are but part of those on which the arbiter was equally explicit in
the expression of his views, that on others his reasoning might be
considered as more favorable to the pretensions of this Government, and
that no reason was perceived why an acquiescence in his opinions upon
them should not equally apply to all the premises assumed by him and be
binding upon both parties. Mr. McLane was, however, persuaded that there
was no obligation on either Government to acquiesce in the opinion of
the arbiter on any of the matters involved in his premises; that such
acquiescence would defeat the end of the present negotiation, and that
as it appeared to be mutually conceded that the arbiter had not been
able to decide upon the first and most material point so as to make a
binding decision, there could certainly be no greater obligation to
yield to his opinions on subordinate matters merely. The Secretary
further observed that the most material point of the three submitted
Public-domain text, read in full here on John Shaqi.
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