This construction of the arbiter’s meaning, derived from the general tenor of the context, it will be perceived, is not invalidated by the next succeeding paragraph cited by Mr. Fox, in which the bays of Fundy and Des Chaleurs are spoken of as intermediaries whereby the rivers flowing into the St. John and Restigouche reach the Atlantic Ocean, inasmuch as such construction admits the opinion of the arbiter to have been that the St. John and Restigouche do not fall directly into the Atlantic, and that they thus constitute a species by themselves, while it denies that they are therefore excluded by the arbiter from the genus of “4’ rivers falling into the Atlantic.”

The undersigned avails himself of this opportunity to renew to Mr. Fox the assurance of his distinguished consideration.

JOHN FORSYTH.

Mr. Forsyth to Mr. Fox.

DEPARTMENT OF STATE,

Washington, February 7, 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 addressed to him on the 10th ultimo by Mr. Fox, Her Britannic Majesty’s envoy extraordinary and minister plenipotentiary at Washington, with regard to the question pending between the two Governments upon the subject of the northeastern boundary, and to inform him that his communication has been submitted to the President.  It has received from him the attentive examination due to a paper expected to embody the views of Her Britannic Majesty’s Government in reference to interests of primary importance to both countries.  But whilst the President sees with satisfaction the expression it contains of a continued desire on the part of Her Majesty’s Government to cooperate with this in its earnest endeavors to arrange the matter of dispute between them, he perceives with feelings of deep disappointment that the answer now presented to the propositions made by this Government with the view of effecting that object, after having been so long delayed, notwithstanding the repeated intimations that it was looked for here 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.