Lincoln telegraph., 1838-05-10

tained OF the features OF the COUNTY, dS
might remove all. doubt as to the impracti-
cability of laying down a boundary in ac-
cordanco with thesetter of the treaty. Mr.
Fox said that fshe Investigations of the
commission should show that there was no
reasonable prospect of finding the line des-
cribed in the treaty of 1888, the consttu.
tional difficulties, which now prevented the
United States from agreeing to conven-
.sional line, might possibly be removed, and
the way be thus prepared for satisfactory
settlement of the difference by equitable
division of the territory; but, he added, IN
conclusion, if the two Governments should
agree to the appointment Of such commits
sion,it would be necessary that their agree
ment should be by a convention, and it
would be obviously Indispensable that the
State of Maine should be an asserting par
ty to the arrangement.
In acknowledging the receipt of Mr..
Fox's communication at the department. he
was informed 9th Feb'y) that the Presi-
dent experienced deep disappointment in
finding that the answer, just presented on
Chr part of the British Government,to TO the
proposition made by this government, with
the view Of efIecting the settlement of the
boundary question, was so indefinite in It's
terms as TO render it inpracticabe to as
certain without further discussion, what
were the real wishes and intentions of her
Majesty's Government respecting the ap-
pointment of commission Of exploration
and survey, but that copy Of it would be
transmitted TO the Executive of Maine, for
the purpose eofascertaining the sense of the
State authorities upon the expediency Of
meeting the views of her Majesty's Gov
ernment, so far as they were therein de-
yeloped.
Occasion was taken at the same time,
to explain to Mr. Fox, in answer to the slg-
gestion in his note of the 10th 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 Woods, passed
ed. ovef territory within the exclusive
jurisdiction of the General Govern
ment, 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 con-
ventional line for the boundary eastward
from the river Connecticut, it would trans
cend its constitutional powers, since such
measure could only be carried into effect
by violating the jurisdiction Of a sovereign
State, and assuming to ALLEVIATE 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 sn 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 i'm
portancs of terminating this controversy,
by establishing definite and ndisputabIe |
boundary, would be seen and acknowledge |
ed by the British Government, and have
correspondent weight in influencing its de-
cision; that the suggestion in Bankhead's
note Of the 23ih Dec. 1885, of a part Of
the river St John as portion Of the Cen
eral outline of a conventional boundary,
apparently recognised the superior advan-
tages of river over highland Boundary
and tIia. no difficulty was anticipated Oh
the part of her Majesty's Government in.
understanding the grounds upon which
such a proposal was expected to be enter
tanned by it, since the precedent PROPOSE
ton Of Mr. Bankhead, just alluded to, al
though based upon the principle of an
equal division between the parties, could
not be justified by it, as it would have Civ