of the United States is only willing to admit conditionally)
and the point relative to tracing the boundary along
the forty-fifth degree of latitude. This point,
he observed, Mr. McLane wished to dispose of by adopting
the old line of Collins and Valentine, which was suspected
of great inaccuracy by both parties, and the only
motive for retaining which was because some American
citizens have made settlements upon territory that
a new survey might throw into the possession of Great
Britain. Sir Charles denied that the acquiescence
of the United States in the seven subordinate points
lately submitted by His Majesty’s Government
would confine the negotiation to a conventional line,
to which the President had no authority to agree, and
affirmed that not a step could be taken by the commissioners
to be appointed according to Mr. Livingston’s
proposition, notwithstanding the unlimited discretion
which it was proposed to give them, unless the two
Governments agreed upon two of the seven subordinate
points—“the character of the land
they are to discover as dividing waters according
to the treaty of 1783 and what are to be considered
as Atlantic rivers.” In answer to Mr. McLane’s
observation that on many points the reasoning of the
arbiter had been more favorable to the United States
than to Great Britain, and that therefore acquiescence
should equally apply to all the premises assumed,
Sir Charles expressed his confidence that if acquiescence
in them could facilitate the object which now occupied
both Governments they would meet with the most favored
consideration. Sir Charles adverted to the obligations
contracted under the seventh article of the convention,
to the opinion of His Majesty’s Government that
they were binding and its willingness to abide by
the award of the arbiter. He referred to the
small majority by which he supposed the award to have
been defeated in the Senate of the United States and
a new negotiation advised to be opened, to the complicated
nature of the plan proposed by the United States for
another attempt to trace the boundary of the treaty,
to the rejection of the points proposed by the British
Government to render that plan more practicable, etc.,
and regretted sincerely that the award of the arbiter,
which conferred upon the United States three-fifths
of the disputed territory, together with Rouses Point—a
much greater concession than is ever likely to be obtained
by a protracted negotiation—was set aside.
An alleged insuperable constitutional difficulty having
occasioned the rejection of the award, Sir Charles
wished to ascertain previously to any further proceedings
how far the General Government had the power to carry
into effect any arrangement resulting from a new negotiation,
the answer of Mr. McLane upon this point having been
confined to stating that should a new commission of
survey, freed from the restriction of following the
due north line of the treaty, find anywhere westward
of that line highlands separating rivers according
to the treaty of 1783, a line drawn from the monument
at the source of the St. Croix would be such a fulfillment
of the terms of that treaty that the President could
agree to make it the boundary without reference to
the State of Maine.