on
might be likely to lead to an ultimate settlement of the question,
Her Majesty's Government, in the first place, conceive that it was
meant by the Government of the United States, that if the commission
should discover highlands answering to the description of the treaty a
connecting line drawn from these highlands to the head of the St. Croix
should be deemed to be a portion of the boundary line between the two
countries. But Her Majesty's Government would further beg to refer the
United States Secretary of State to the notes of Mr. McLane of the 5th
of June, 1833, and of the 11th and 28th of March, 1834, on this subject,
in which it will be seen that the Government of the United States
appears to have contemplated as one of the possible results of the
proposed commission of exploration that such additional information
might possibly be obtained respecting the features of the country in the
district to which the treaty relates as might remove all doubt as to the
impracticability of laying down a boundary in accordance with the letter
of the treaty.
And if the investigations of the proposed commission should show that
there is no reasonable prospect of finding a line strictly conformable
with the description contained in the treaty of 1783, the constitutional
difficulties which now prevent the United States from agreeing to a
conventional line may possibly be removed, and the way may thus be
prepared for the satisfactory settlement of the difference by an
equitable division of the disputed territory.
But if the two Governments should agree to the appointment of such a
commission it would be necessary that their agreement should be first
recorded in a convention, and it would obviously be indispensable that
the State of Maine should be an assenting party to the arrangement.
The undersigned, in making the above communication by order of
Her Majesty's Government to the United States Secretary of State,
Mr. Forsyth, has the honor to renew to him the assurance of his high
respect and consideration.
H.S. FOX.
_Mr. Forsyth to Mr. Fox_.
DEPARTMENT OF STATE,
_Washington, February 6, 1838_.
HENRY S. FOX, Esq., etc.:
The undersigned, Secretary of State of the United States, has the honor
to acknowledge the receipt of the note of Mr. Fox, envoy extraordinary
and minister plenipotentiary of Her Britannic Majesty, of the 10th
ultimo, in which he presents, by direction of his Government, certain
observat
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