Lincoln telegraph. [volume] (Bath, Me.) 1836-1846, 1838-05-03


abandoned the Mississippi, the specific
landmark mentioned in the treaty.
Sir Charles further stated that, if the
President was persuaded that he could
carry out the principle of surveying he had
proposed, without the consent of Maine,
and if no hope remained, as was alleged by
Mr.. McLane, of overcoming the .consti-
tutional difficulty in any other way, until,
at least, this proposition should have been
tried and have failed, bis Majesty's Gov
eminent, foregoing their own doubts on the
subject, were ready to acquiesce in the
proceeding proposed by the President, if
ssshat proceeding couldsbe carried into effect
in manner not otherwise Objectionable;
that "his Majesty's Government would
consider it desirable that the principles on
which the new commissioners would have
to conduct their survey, should be settled
before hand by a special convention be-
tween the two Governments" that there
was, indeed, one preliminary question, up
on which it was obviously necessary the
two Governments should agree before the
commissioners could begin their survey
with any chance of success, viz: What is
the recise meaning TO lie attached to.the
words employed in the treaty to define the
highlands which the commissioners are to
seek for?-that those highlands are to be
distinguished from other highlands by the
rivers flowing from them, and those distin.
gushing rivers to be known from others
by the situation Of their mouths; that, with
respect to the rivers flowing south into the
Atlantic ocean, difference of opinion ex-
listed between tho two Governments; and
whilst the American Government conten-
ded that rivers falling into the Bay of Fun
dy were, the British Government contended
that they were not, for the purposes of the
treaty, rivers falling into the Atlantic
ocean; and that the views and arguments
OF the British Government on this point had
been confirmed by an impartial authority,
selected by the common consent of the two
Governments, who was of opinion that the
rivers St. John and Restigouche were not
Atlantic rivers within the meaning Of the
treaty, and that his Majesty's Government,
therefore, trusted that the American cabin
ct would concur with that of his Majesty
in deciding 'stbat the Atlantic rivers which
are to guide the commissioners in search
ing for the highlands described in the trea-
ty, are those which fall into the sea to the (
westward Of the mouth of the river St. Gro
ix;" that clear agreement on this point
must be an indispensable preliminary to
the establishment of any new commission of
survey; that, till this point be declded no
survey Of commissioners could lead 10 a
useful result, but that its decision turns up
on the Interpretation of the words OF trea-
ty, and net upon the operations of survey
ors; and his Majesty's Government, having
once submitted it, in common with other
points, to the judgment of an impartial ar
bitter, by whose award they had declared
themselves ready to abide, could not con-
sent to refer il to any other arbitration.
In note from the Department of State,
dated 2Sth April, 1885, Sir Charles r.
Vaughan was assured that his prompt sug-
gestion as his Britannia Majesty's Minis
ter, that negotiation should be opened for
the establishment of a conventional boun-
Diary between the two countries, was duly
appreciated by the President, who, had he
possessed like powers with his Majesty's
Government over the subject, would have
mot the suggestion in favorable spirit.
The Secretary observed that the submis-
sion of the whole subject, or any part Of it,
to IA new arbitrator, promised too little to
attract the favorable reconsideration of
either party; that the desired adjustment of
the controversy was consequently to be
sought for in the application of some new
principle to the controverted question; and
that the President thought that by faith
full prosecution of the plan submitted by
his direction, settlement of the boundary
in dispute, according to the terms Of the
treaty of 1888, was attainable.
With regard to the rule of practical sur
veying, offered as the basis Of the Amsr-
can proposition, he said if it should become
material to do so. which was not to be an
tcipated, he would find no difficulty either
in fortifying the ground occupied by this
Government in this regard, or in satisfying
Sir Charles that the instance brought into
notice by his Britannia Majestys Govern
ment of supposed departure from the rule,
was net at variance with the assertion of
Mr.. Livingston, repeated by Mr.. McLane.
The Secretary, therefore, limited himself
to the remark that the line of demarc cation,
referred to by Sir Charles was not estab-
lished as the true boundary prescribed by
the treaty ofl7S3, butwas conventional
substitute for it, the result of new nego-
tiation, controlled by other considerations
than those to be drawn from that instru-
ment only.
The Secretary expressed the Presidents
unfeigned regret upon learning the decis-
IN n H..