e with much anxiety, is so indefinite in
its terms as to render it impracticable to ascertain without further
discussion what are the real wishes and intentions of Her Majesty's
Government respecting the proposed appointment of a commission of
exploration and survey to trace out a boundary according to the letter
of the treaty of 1783. The President, however, for the purpose of
placing in the possession of the State of Maine the views of Her
Majesty's Government as exhibited in Mr. Fox's note, and of ascertaining
the sense of the State authorities upon the expediency of meeting those
views so far as they are developed therein, has directed the undersigned
to transmit a copy of it to Governor Kent for their consideration. This
will be accordingly done without unnecessary delay, and the result when
obtained may form the occasion of a further communication to Her
Majesty's minister.
In the meantime the undersigned avails himself of the present occasion
to offer a few remarks upon certain parts of Mr. Fox's note of the 10th
ultimo. After adverting to the suggestion heretofore made by the British
Government that a conventional line equally dividing the territory in
dispute between the two parties should be substituted for the line
described by the treaty, and regretting the constitutional incompetency
of the Federal Government to agree to such an arrangement without the
consent of the State of Maine, Mr. Fox refers to the conventional line
adopted, although different from that designated by the treaty, with
respect to the boundary westward from the Lake of the Woods, and asks,
"Why should such a line not be agreed to likewise for the boundary
eastward from the river Connecticut?" The reply to this question is
obvious. The parallel of latitude adopted on the occasion referred to
as a conventional substitute for the treaty line passed over territory
within the exclusive jurisdiction of the General Government without
trenching upon the rights or claims of any individual member of the
Union, and the legitimate power of the Government, therefore, to agree
to such line was perfect and unquestioned. Now in consenting to a
conventional line for the boundary eastward from the river Connecticut
the Government of the United States would transcend its constitutional
powers, since such a measure could only be carried into effect by
violating the jurisdiction of a sovereign State of the Union and by
assuming to alienate, without the colo
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