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To the Senate : The importance of the subject to the tranquillity of our country makes it proper that I should communicate to the Senate, in addition to the in- formation heretofore transmitted in reply to their resolution of the 17th of January last, the copy of a letter jusc received fi'om Mr. Fox, announcing the determination of the British Government to consent to the principles ot our last proposition for the settlement of the question of the northeastera boundary, with a copy of the answer made to it by the Secretary oi State. I cannot doubt thai, with the sincere disposition which actuates both Gov- ernments to prevent any other than an amicable termination of the contro- versy, it will be found practicable so to arrange the details of a conventional agreement on the principles alluded to, as to effect that object. The Brilish commissioners, in their report communicated by Mr. Fox, express an opinion that the true line of the tref'.ty of 1783 is materially dif ferent from ihat so lung contended for by Great Britain. The report is al- together "xparte in its character, and has not yet, as far as we are informed, been adopted by the British Government. It has, however, assumed a form sufficiently authentic and important to justify che belief that it is to be used hereafter by the British Government in the discussion of the question of' boundary ; and, as it differs essentially from the line claimed by the United ' States, an immediate preparatory exploration and survey on our part, by commissioners appointed lor that purpose, of the portions of the territory therein more particularly brought into view, would, in my opinion, be proper. If Congress concur with me in this view of the subject, a provision • by them to enable the Executive to carry it into effect will be necessf ry. M. VAN BOREN. Washington, Jwne 27, 1840. Mr. Fox to Mr. Forsyth. Washington, June 22, 1840.' The undersigned, her Britannic Majesty's envoy extraordinary and min- ister plenipoienijary, has the honor to transmit to the Secretary of Siato[' of the United States, bv order of his Government, the accomnanving Driut-' Blair & Rives, prm(ei3. ,1 L580] 2 ed copies of a report and map which have been presented to her Majesty's Government by Colonel Mudge and Mr. Featherstonhaugh, tho commis- sioners employed during the last season to survey the disputed territory. The undersigned is instructed to say that it v/ill, of course, have become the duty of her Majesty's Government to lay the said report and map be- fore Parliament; but her Majesty's Government have been desirous, as a mark of courtesy and consideiviiion towards the Government of the United States, that documents bearing upon a question of so much interest and importance to the two countries should, in the first instance, be communi- cated to the President. The documents had been officially placed in the hands of her Majestv's Government only a few days previously to the date of the instruction addressed to the undersigned. Her Majesty's Government feel an unabated desire to bring the long pending questions connected with the boundary between the United States and the British possessions in North America to a final and satisfactory set- tlement ; being well aware that questions of this nature, as long as they re- main open between two countries, must be the source of frequent irritation on both sides, and are liable at any moment to lead to events that may en- danger the existence of friendly relations. It is obvious that the questions at issue between Grjat Britain and the United States must la beset with various and really existing difficulties, or else those questions would not have remained open ever since the year 1783, notwithstanding the frequent and earnest endeavors made by each Government to bring them to an adjustment; but h,/ Majesty's Govern- ment do not relinquish the hope that tne sincere desire which is felt by both parties to arrive at an arnicub!'^ settlement will at length be attended with success. The best clew to guide the two Governments in their future proceedino-s may erhaps be obtained by an examination of the causes of past failure ; and the most prominent amongst these causes has certainly been a want of correct information as to the topographical features and physical character of the district in dispute. This want of adequate information may be traced as one of the difficul- ties which embarrassed the Netherlands Government in its endeavors to decide the points submitted to its arbitration in 18:^0. The same has been felt by the Government in England ; it has been felt and admitted by the Government of the United States, and even by the local Gover-iment of the contiguous State of Maine. The British Government and the Government of the United States agreed therefore, two years ago, that a survey of the disputed territory, by a joint commission, would be the measure best calculated to elucidate and solve the questions at issue. The President proposed such a commission, and her Majesty's Government consented to it ; and it was believed by her Ma- jesty's Government that the general principles upon which the commission was to be guided in its local operations had been settled by mutual agree- ment, arrived at by means of a correspondence which took place between the two Governments in 1837 and 183S, Her Majesty's Government ac- cordingly transmitted, in April of last year, for the consideration of the President, the draught of a convention to regulate the proceedings of the pro- posed commission. The preamble of that draught recited textually the agreement that had bi^en come to by means of notes which had been ex- changed between the two Governments ; and the articles of ihp. dranahr ti [580] were framed, as her Majesty's Government considered, in strict conformity with that aoreement. But the Government of the United States did not think proper to assent to the convention so proposed. The United States Government did not, indeed, allege that the proposed conv. ition was at variance with the result of the previous correspondence between the two Governments; but it thought that the convention would establish a commission of " mere exploration and survey ;" and the Presi- dent was of opinion that the step next to be taken by the two Governments should be to contract stipulations, bearing upon the foce of them the pro- mise of a final settlemeni, under some form or other, and within a reason- able time. The United States Government accordingly transmitted to the under- signed, for communication to her Majesty's Government, in the month ot July last, a counter-draught of convention, varying considerably in some parts (as the Secretary of State of the United States admitted, in his letter to the undersigned of the 29th of July last) from the draught proposed by Great Britain. But the Secretary of State added, that the United States Government did not deem it necessary to comment upon the alterations so made, as the text itseh of the counter-draught would be found sufficiently perspicuous. Her Majesty's Government might certainly well have expected that some reasons would have been given to explain why the United States Govern- ment declined to confirm an arrangement wliich was founded upon propo- sitions made by that Government itselt, and upon modifications to which that Government had agreed ; or, that if tlie American Government thought the draught of convention thus proposed was not in conformity with the pre- vious agreement, 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 question, concur with the Government of the United States in thinking that it is, on every account, expedient that the next measure to be adopted by the tvvo Giivernmcnts should contain arrangements which will necessarily lead to a final settlement ; and they think tliat the convention which they pro- posed last year to the President, instead of being framed so as to constitute a mere commission of exploration and survey, did, on the contrary, contain stipulations calculated to lead to the final ascertaiimient of the boundary between the two countries. There was, however, undoubtedly, one essential difference between the British draught and the American counter-draught. The British draught contuin^'d no provision embodying the principle of arbitration. The Amer- ican counter-draught did contain such a jirovision. ; The British draugfit contained no provision for arbitration, because the principle of iirbitration had not been proposed on either side during the ne- gotiations upon which that draught was founded ; and because, moreover, it was understood, at that time, that tli3 principle of arbitration would be de- cidedly objected to by the United State-s. But as the United States Governmerit have now expressed a wish to embody the principle of arbitration in the proposed convention, her Majesty's Government are perfectly willing to accede to that wish. The undersiojned is accordingly instructed to state, ofiicially, to Mr. For- syth, that her Majesty's Government consent to the two principles which form 'I 4 it r580] 4 the main foundation of the American counter draught, namelv : first that o'.Tr:?r '" ^' rr""'^ ''^''^" ^^ ^^ con.t„utPd «'« necess\.r.ly o ead to a final settlement of the questions of boundary at iss.^o between the two countries ; and, secondly, that, in order to secure such a result tecr ri'rhit 'r''^''^ ^'^' commission is to be created shall contain a pro vis on Lers",^;' notT K"f ''*' '' ''''''^' '^' ^""^'^ «"^ An.erican^connr Bioners may not be able to agree. matiers ot detail iri the American counter-draugh. which her Maiestv's Gov- ernmen cannot adopt. The ..ndersigned wilf be finnished V om Hs Gov- ernment,byan early opportunity, with an amended draught, n'/r or mitv President. And the undersigned expects to be al the sam; fin- '.^r-ished with instructions to propose to the Government of tl;. Unif d t^iates a fr "sh local, and temporary convention, for the better prevent'on oi in.ia^:- ho,d.r collisions w, hin the disputed territory during'the time thu: rnay be 'c S in carrying t!,rongh the operations of survey or arbiirati-n ^ ^ ^ ^^ «f X f ""^^'■''^""'^ •'"'''^i!' ^™^'^'^ °f ^^'^ occasion to re. ^^ \o the Se-retarv of State the assurance of his distinguished consideration. ^ ^ Hon. John Forsyth, (^c. ^'c. i^c. ^' ^^^' Mr. Pors7jth to Mr. Fox. Department op Statk, ^. , . , Washington, June 26, 1840. The imdersigned. Secretary of State of the United States, has had the honor to receive a note addressed to him on the 22d instant bv Mr Fov envoy extraordinary and minister plenipotentiary of Great Briiain enclosl ing printed copies of the report and n.ap laid before the British Gov^rim en by he commissioners employed during the last season to su vey Xe e. ri tory ,n dispute between the two countries, and communicating the consen of her Britannic Majesty's Government to the two principles which form «» Jm^J?'^"'"^"''^' ^^^'"- '^^^ ^'- ^«^'« "o^^ before the President is in. structed to say ,n answer, that the President duly appreciates the mo ives 1 o th7 Unifd TT'^ ''/ ''"^"'^ GovernLr^t' to communrca to tnatot he United States the documents referred to; and that he derives great satisfaction from the announcement that her Majes^s Gov'ernn In aonot rehnquish the hope that the sincere desire wlich^s felt bv both ?:^c:sV^'nT'f:om2T""''?r,^^^ '' '^'^^^ hemtended'wUh fnXfu'rnished Tv n ^T^''' ^''^•^"' ^^ ^'- ^^"^ ^^ ^is being accord- ingly lurnished, by an early opportunity, with the draught of a nronosition amended m conformity with the principles to which he? M^esty's GoTem! ment has acceded, to be submitted to the consideration of til Govern. Mr. Fox states that his Government might have expected that, when the tZhZ ZTit'^'T ''''. communicated to him,^some reasm7s woSd' nave been given to explain whv fho iinitoH G.^fp., r-vc-. t ^ r j accepting the British draught of con vention ; or that, if it thought the draught \i 5 [ 580 ] was not in conformity with previous agreement, it would have pointed out m what respect the two were considered to differ. In the note which the undersigned addressed to Mr. Pox on the 29th July of last year, transmitting the American counter-draught, he stated that in consequence of the then recent events on the frontier, and the danger of collision between the citizens and subjects of the two Governments, a mere commission of exploration and survey would be inadequate to the exigen- cies of the occasion, and fall behind the just expectations of the people of boih countries ; and referred to the importance of having the measure next adopted bear upon its face stipulations which must result in a final settle- ment, under some form, and in a reasonable time. These were the reasons which induced the President to introduce in the new projet the provisions which he thought calculated for the attainment of so desirable an object ■ and which, in his opinion, rendered obviously unnecessary any allusion to the, previous agreements referred to by Mr. Fox. The President is grati- fied to find chat a concurrence in those views has brought the minds of her Majt sty's Government to a similar conclusion ; and from this fresh indica- tion of harmony in the wishes of the two cabinets, he permits himself to anticipate the most satisfactory result from the measure under considera- tion. The undersigned avails himself of the opportunity to offer to Mr. Fox renewed assurances of his distinguished consideration. „ ^ ^ ^ JOHN FORSYTH. H. S. Fox, Esq., Envoy Extraordinary^ d^c, ^c. S^c. I