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 opinion and advice of the King of the Netherlands, to whom the
controversy was referred by the provisions of the treaty of Ghent, was
made on the 10th January, 1831, and of the three questions submitted,
viz, _the northeastern boundary, the northwesternmost head of Connecticut
River_, and _the forty-fifth parallel of latitude_, he seems to have
determined _but one_. He did decide that the source of the stream
running into and through Connecticut Lake is the true northwest head of
that river as intended by the treaty of 1783; and as to the rest, he
_advises_ that it will be _convenient (il conviendra)_ to adopt the
"Thalweg," the deepest channel of the St. John and St. Francis, for the
north line, and that the forty-fifth degree is to be measured in order
to mark out the boundary to the St. Lawrence, with a deviation so as to
include Rouses Point within the United States. As to _the convenience_
of establishing the St. John and St. Francis as the northern boundary of
Maine, we have only to observe that however "convenient" it may be to
Great Britain to obtain so large a portion of our territory and waters,
it would certainly be very _inconvenient_ to us, and inasmuch as we are
probably capable of judging of our own "convenience," and have never
solicited _the advice_ of anyone on this point, it is scarcely to be
expected that we shall be _advised_ to adopt a line so preposterous
and injurious.
It was in this view and in strict conformity with the Constitution
conferring the treaty power that the President on the 7th December,
1831, submitted to the Senate this "award" and "advice" of the King
of the Netherlands. Senators were divided on a principal point, some
insisting that to carry the award or opinion into effect was only _in
execution_ of the treaty, and it therefore belonged exclusively to the
President "to take care" that this "supreme law" was faithfully executed
or to reject it altogether.
But the prevailing opinion was that this "award" or "advice" was
_perfecting an unfinished_ treaty, and that therefore it could not be
effected by the President without "the advice and consent of the Senate,
two-thirds of the members present concurring therein." So far from the
concurrence of two-thirds _for_ the measure, there were _thirty-four_
to _eight against_ it, and it was consequently rejected, and a
recommendation to the President was adopted to open a new negotiation
to determine the line of boundary according to the treaty of 1783.
Public-domain text, read in full here on John Shaqi.
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