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 President had perceived, Mr. McLane said, in all the previous
efforts to adjust the boundary in accordance with the terms of the
treaty of 1783 that a natural and uniform rule in the settlement of
disputed questions of location had been quite overlooked; that the
chief, if not only, difficulty arose from a supposed necessity of
finding highlands corresponding with the treaty description in a due
north line from the monument, but it was plain that if such highlands
could be anywhere discovered it would be a legal execution of the treaty
to draw a line to them from the head of the St. Croix without regard to
the precise course given in the treaty. It therefore became his duty to
urge the adoption of this principle upon the Government of His Britannic
Majesty as perhaps the best expedient which remained for ascertaining
the boundary of the treaty of 1783. The Secretary could not perceive
in the plan proposed anything so complicated as Sir Charles appeared
to suppose. On the contrary, it was recommended to approbation and
confidence by its entire simplicity. It chiefly required the discovery
of the highlands called for by the treaty, and the mode of reaching
them upon the principle suggested was so simple that no observations
could make it plainer. The difficulty of discovering such highlands,
Mr. McLane said, was presumed not to be insuperable. The arbiter himself
was not understood to have found it impracticable to discover highlands
answering the description of the highlands of the treaty, though unable
to find them due north from the monument; and certainly it could not be
more difficult for commissioners on the spot to arrive at a conclusion
satisfactory to their own judgment as to the locality of the highlands.
Mr. McLane, in answer to Sir Charles's request for information on the
subject, stated that the difficulty in the way of the adoption of
the line recommended by the arbiter was the want of authority in the
Government of the United States to agree to a line not only confessedly
different from the line called for by the treaty, but which would
deprive the State of Maine of a portion of territory to which she would
be entitled according to the line of the definitive treaty; that by the
President's proposition a commission would be raised, not to establish
a new line differing from the treaty of 1783, but to determine what
the true and original boundary was and in which of the two disagreeing
parties the right to the disputed territory originally was; that for
this purpose the authority of the original commissioners, if they could
have agreed, was complete under the Ghent treaty, and that of the new
commission proposed to be constituted could not be less.
Public-domain text, read in full here on John Shaqi.
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