North American. [volume] (Swanton, Vt.) 1839-1841, 1840-07-15


But the Secretary Of State added, that
the United States government did not
deem il necessary 10 comment upon the al
Iteretions so made, as the text itself OF the
counter draft would be found sufficiently
perspicuuus.
Her Msesty's government might GER
tainIy we'll have expected that some rea-
sons would have been given 10 explain
why the u. s. government declined to
confirm on arrangement which was foun-
drd upon propositions made by that gov
ernment itself, and upon notifications TO
which that government had agreed or
that If the American government thought
the draft of convention thus proposed was
not in conformity with the previous a.
grecmeni, it would have pointed out in
what respect the Two were considered TO
differ.
Her Majesty's government, considering
the present state Of the Boundary ques-
ton, concur with the government of the
United States, in thinking that il is on ev-
cry account expedient that the next meas
ure 10 be adopted by the two governments
should contain arrangements which will
necessarily lead 10 a final settlement ; and
they think that the convention which they
proposed last year 10 the President, in
stead OF being framed So as 10 constitute
mere commission Of exploration and sur
vey, did, on the contrary, contain certain
stlpulaiions calculated To lead TO the final
asceriainment Of the Boundary between
the two countries.
There was however, undoubtedly, one
essential difference between the British
draft and the American counter draft.
The British draft contained no provision
the principle of arbitration
the American counter draft did contain
such provision.
The British draft contained no provision
for arbitration, because the principle OF
arbitration had not been proposed on either
side during the negotiations upon which
that draft was founded and because,
it was understood at that time
the principle Of arbitration would be de-
cidedly objected 10 by The United States.
But as the United States government
have now expressed a wish TO embody the
principle OF arbitration in the proposed
her majesly's government are
willing TO accede to that wish.
The undersigned is accordingly instruct
I'd 10 state officially 10 Mr.. Forsyth, that
her majesty's government consents 10 the
two principles which form the main foun-
ialion OF the American counter draft
namely first, that the commission 10 be |
appointed shall be so constituted as neces-
sarily 10 lead to final settlement Of the |
questions Of boundary at Issue between
The two countries ; and secondly, that in or
Ter to secure such result, the convention
by which the commission is TO be created !
shall contain a provision for arbitration
upon points as 10 which the British and
American commissioners may not be able |
10 agree.
The undersigned is, however, instruct
I'd TO add that there are matters OF detail
n the American counter draft, which her |
najesty's government cannot adopt. The |
Undersigned will be furnished from his |
by an early opportunity, with
an amended draft, in conformity with the
principles above stated, to be submitted TO
he consideration Of the President. And |
he undersigned expects TO be at the same
line furnished with instructions to propose
% the government of the United States
resh local and temporary convention, for
he better prevention OF incidental border
collisions within the disputed territory,
Turing the time that may be occupied in
carrying through the operations of survey
Or arbitration.
The undersigned avails himself of this
occasion to renew to the Secretary of State
he assurance Of his disling uished con-
sideralion.
Fl. S. FOX.
To the Hon. John Forsyth, &c.