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
Occasion was taken at the same time to explain to Mr. Fox, in answer
to the suggestion in his note of the 10th of January last, that the
parallel of latitude adopted as a conventional substitute for the line
designated in the treaty for the boundary westward from the Lake of the
Woods passed over territory within the exclusive jurisdiction of the
General Government, without trenching upon the rights or claims of
any member of the Union, and the legitimate power of the Government,
therefore, to agree to such line was held to be perfect, but that in
acceding to a conventional line for the boundary eastward from the river
Connecticut it would transcend its constitutional powers, since such a
measure could only be carried into effect by violating the jurisdiction
of a sovereign State and assuming to alienate a portion of the territory
claimed by such State.
In reply to the observation of Mr. Fox that it was difficult to
understand upon what ground an expectation could have been entertained
that the proposition to make the St. John the boundary would be received
by Her Majesty's Government, he was informed that the suggestion had
been offered, as the proposition on the part of Great Britain that led
to it was supposed to have been, with regard to the extent of territory
lost or acquired by the respective parties, and in the hope that the
great importance of terminating this controversy by establishing a
definite and indisputable boundary would be seen and acknowledged by the
British Government, and have a correspondent weight in influencing its
decision; that the suggestion in Mr. Bankhead's note of 28th December,
1835, of a part of the river St. John as a portion of the general
outline of a conventional boundary, apparently recognized the superior
advantages of a river over a highland boundary, and that no difficulty
was anticipated on the part of Her Majesty's Government in understanding
the grounds upon which such a proposal was expected to be entertained
by it, since the precedent proposition of Mr. Bankhead just alluded to,
although based upon the principle of an equal division between the
parties, could not be justified by it, as it would have given nearly
two-thirds of the disputed territory to Great Britain; that it was
therefore fair to presume that the river line, in the opinion of His
Majesty's Government, presented advantages sufficient to counterbalance
any loss of territory by either party that might accrue from its
adoption; and it was also supposed that another recommendation of this
line would be seen by Great Britain in the fact that whilst by its
adoption the right of jurisdiction alone would have been yielded to the
United States over that portion of New Brunswick south of the St. John,
Great Britain would have acquired the right of soil and jurisdiction of
all the disputed territory north of that river.
Public-domain text, read in full here on John Shaqi.
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