Lincoln telegraph. [volume] (Bath, Me.) 1836-1846, 1838-04-26

gestion in regard to the navigation ofthe
st. John was introduced merely to form
part Of the system of compensatons IN ne
gotiating TOR such boundary, If that OF the
treaty should be abandoned, it would not
be insisted on.
The proposition the President for the
appointment Of a joint commission, with an
umpire, to decide upon all points on which
the two Governments disagree, was :hen
presented. 1t was accompanied by sug-
gestion, that the controversy might be ter
minated by the application to it OF the rule
for surveying and laying down the bounda,
2ies oftracts, and of countries designated
by natural objects, the precise situation OF
which is not known, viz: that the natural
objects called for as terminating points,
should first be fouad, and that the lines
should then be drawn to them from the
given points, with the least possible depar-
ture from the course prescribed in the in
strument describing the boundary. Two
modes were suggested in which such COM
mission might be constituted; first that 1t
should consist commissioners to be chos-
en- in equal numbers by the two parties,
with an umpire selected by some friendly
sovereign, from among the most skiliul
men in Europe; or, secondly, that it should
be entir civ composed of such men, SO selec-
ted, to be attended in the survey and view
of the country by agents appointed by the
parties. This commission 1t was alter
wards proposed, should be restricted to the
simple question of determining the point
designated by the treaty, as the highlands
which divide the waters that fall into the
Atlantic, from those Which flow into the
St. Lawrence; that these highlands should
be sought for in north or northwest direc-
ton. from the source of the St. Croix; and
shat a straight line, to be drawn from the
monument at the head Of that river, to
those highlands, should be considered, so
far as it extends, as part Of the boundary
in question. The commissioners were then
to designate tie course of the line along
the highlands, and to fix on the northwest
ernmost head of Connecticut river
In note 31st May, the British Minister
suggested, that this perplexed and hitherto
snierminable question, could only be set at
rest by an abandonment Of the defective
description Of boundary contained. in the
treaty, by the two Governments mutually
agreeing upon conventional line, more
convenient to both parties than those insis-
ted upon by the commissioners under the
fifth article Of the treaty of Client, or that
suggested by tine King Of the Netherlands.
Mr.. McLane remarked, in reply, June
5th, that the embarrassment in tracing the
treaty boundary had arisen more from the
principles assumed, and from the manner
of seeking for it, than from any real defect
in the description, when properly under
stood; that, in the present state of the busi-
ness, the suggestion of Sir Chs. r. Waugh
an would add to the existing difficulties
growing out of want Of power in the Cen
eralsGovernment, under the constitution
of the United States, to dispose of territory
belonging to either Of the States ofthe I'm
ion, without the consent ofthe State; that
as conventional line to the south Of and
confessedly variant from, that ofthe treaty,
would deprive the State of Maine Of a por-
tisn of the territory she claims, it was not
probable that her consent to 1t would De
given, while there remained reasonable
prospect Of discovering the line of the trea-
fy of 1888; aud that the President would
not be authorised, after the recent proceed
ings in the Senate, to venture now to agree
upon conventional line without such con-
sent, whilst the proposition submitted in
April afforded not only fair prospect, but,
in his opinion, the certain means, of as
certaining the boundary called for by the
treaty of 1888, and of finally terminating
all the perplexities which have encompassed
the subject.
In February, 1884, Sir Charles r.
Vaughan, after submitting certain observa-
tions intended to controvert the positions
assumed by the United States. on the con-
stitutional difficulty by which the American
Government was prevented from acqules-
cling in the arrangement recommended by
the King of Netherlands, for the settle
ment ofthe boundary in the neighborhood
Of the St. John, asserted that the two Gov
ernments bound themselves, by the con-
vention of September, 1927, to submit to
all arbiter certain points Of difference rela-
tive to the boundary between the Amer.
can and British dominions; that the arbter
was called on to determine certain ques-
lions, and that If he had determined the
greater part of the POINTS submitted to him.
his decision on them ought not to be set
aside, xerely because he declares that one
remaining point cannot be decided in con-
formity with the words of the treaty Of
: 1893, and therefore recommends TO the
parties compromise on that particular
point; that the main points referred to the
o~k.to. .s,oxa tb~aa IN Dnn,hor. that upop