1. President's Message to Congress-June 17 7. Viscount Palmerston to Mr. Fox 8. Mr. Fox to Viscount Palmerston One Inclosure. Mr. Fox to Mr. Forsyth 9. Mr. Fox to Viscount Palmerston Two Inclosures. 1. Mr. Forsyth to Mr. Fox.. 2. Mr. Fox to Mr. Forsyth .. 10. Mr. Fox to Viscount Palmerston One Inclosure. Mr. Fox to Mr. Forsyth 11. Mr. Fox to Viscount Palmerston One Inclosure. Mr. Forsyth to Mr. Fox .. 12. Mr. Fox to Viscount Palmerston Two Inclosures. 1. Mr. Forsyth to Mr. Fox.. Page Foreign Office, June 3, 1840 1 Foreign Office, June Foreign Office, June 30, 10 Foreign Office, July 4, June Washington, Júne Washington, June Washington, July 19,' 23 24 Washington, July Washington, July Washington, July 24 Extract from Message from the President of the United States 16. Mr. Fox to Viscount Palmerston · Eleven Inclosures. 1. Lord Sydenham to Mr. Fox 2. Sir John Harvey to Lord Sydenham 8. Lord Sydenham to Sir John Harvey.. 11. Governor Fairfield to Sir John Harvey 17. Mr. Fox to Viscount Palmerston One Inclosure. Extract from Message of Governor of Maine 18. Mr. Fox to Viscount Palmerston 19. Mr. Fox to Viscount Palmerston One Inclosure. Fredericton, October 28, 24. Mr. Fox to Viscount Palmerston 25. Viscount Palmerston to Mr. Fox 26. Viscount Palmerston to Mr. Fox 27. Mr. Fox to Viscount Palmerston 28. Mr. Fox to Viscount Palmerston 1 Sir W. Colebrooke to Mr. Fox 2 Sir W. Colebrooke to Lord Sydenham 3 Sir W. Colebrooke to Lord Sydenham 4 Sir W. Colebrooke to Mr. Fox 5 Sir W. Colebrooke to Lord Sydenham 6 Sir W. Colebrooke to Mr. Fox 7 Sir W. Colebrooke to Lord Sydenham 9 Sir W. Colebrooke to Lord Sydenham 10 Lord Sydenham to Sir W. Colebrooke 11 Lord Sydenham to Sir W. Colebrooke 12 Sir W. Colebrooke to Mr. Fox 13 Sir W. Colebrooke to Lord Sydenham 14 Mr. Mc Lauchlan to Sir W. Colebrooke 15 Mr. Coombs to Mr. Mc Lauchlan.. 16 Sir W. Colebrooke to Mr. Mc Lauchlan 17 Mr. Peters to Sir W. Colebrooke .. 18 Sir W. Colebrooke to Mr. Fox 19 Sir W. Colebrooke to Lord J. Russell 20 Sir W. Colebrooke to Lord J. Russell 21 Sir W. Colebrook to Mr. Fox 22 Sir W. Colebrooke to Lord Sydenham I SEND you herewith three copies of the Report and Map presented to Her Majesty's Government by Colonel Mudge and Mr. Featherstonhaugh, the Commissioners who were employed last year to survey the Disputed Territory. You will immediately transmit to Mr. Forsyth two copies of the Report and of the Map, saying that it is only within the last few days, that these documents have been in the hands of Her Majesty's Government; that it will, of course, be the duty of Her Majesty's Government to lay this Report before Parliament; but that Her Majesty's Government wish, as a mark of courtesy and respect towards the Government of the United States, that a document, bearing upon a question of much interest and importance to the two countries, should, in the first place, be communicated to the President. You will further state, that the British Government continues to feel an unabated desire to bring the long pending questions about the Boundary between the United States and the British possessions in North America, to a final and satisfactory settlement. Questions of this kind, while they remain open between two States, keep up irritation on both sides, and may at any time lead to events, which might endanger friendly relations. It is obvious, that the questions still pending between the United States and the British Crown, must be beset with various and considerable inherent difficulties, or those questions would not have remained open ever since the year 1783, notwithstanding the many and earnest endeavours made by both Governments to bring them to an adjustment. But Her Majesty's Government do not abandon the hope, that the sincere desire which is felt by those parties, to arrive at an amicable arrangement, will at length be crowned with success. The best clue to guide the two Governments in their future proceedings, may perhaps be derived from an examination of the causes of past failure, and the most prominent among these causes has certainly been a want of 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 difficulties which embarrassed the Netherland Government in its endeavours to decide the points submitted to it in 1830. It has been felt by the British Government, by the United States' Government, and even by the Government 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 B commission, would be the measure best calculated to elucidate and solve the questions at issue. The President accordingly proposed such a commission, and the British Government consented to it; and it was believed by the British Government, that the general principles upon which the Commission was to be guided in its local operations, had been settled by mutual agreement, arrived at by means of a correspondence which took place between the two Governments in 1837 and 1838. The British Government accordingly transmitted in April of last year, for the consideration of the President, the draft of a convention to regulate the proceedings of the proposed Commission. The preamble of that draft recited textually, the agreement which had been come to, by means of notes which had been exchanged between the two Governments; and the Articles of the Draft were framed, as Her Majesty's Government considered, in strict conformity with that agreement. But the Government of the United States did not think proper to assent to the Convention so proposed. That Government did not, indeed, allege that the proposed Convention was at variance with the result of the previous correspondence between the two Governments; but it thought that Convention would establish a joint commission "of mere exploration and survey;" and the President was of opinion, that the step next to be taken by the two Governments, ought to bear upon its face stipulations which must necessarily lead to a final settlement under some form or other, and within a reasonable time. The United States' Government accordingly sent to you, for transmission to Her Majesty's Government, a counter-draft of convention, varying considerably, as Mr. Forsyth admitted, in some parts from the Draft as proposed by Her Majesty's Government. But Mr. Forsyth added, that the United States' Government did not deem it necessary to comment upon the alterations so made, as the text of the Counter-Draft would be found sufficiently perspicuous. Her Majesty's Government certainly might have expected that some reasons would have been given to explain why the United States' Government declined to confirm an arrangement which was founded on propositions made by that Government itself, and upon modifications to which that Government had agreed; or that if the American Government thought that the Draft of Convention thus proposed to it, was not in conformity with previous agreement, it would have pointed out in what respect the two differed. Her Majesty's Government, however, in the present state of this question, concur with the Government of the United States in thinking that it is on every account expedient that the next measure to be taken by the two Governments should contain in its details, arrangements which should necessarily lead to some final settlement; and they think that the Convention which they proposed 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 ascertainment of the boundary which is to be determined. There was, however, undoubtedly, an essential difference between the British Draft and the American Counter-Draft; the British Draft contained no provision embodying the principle of arbitration. The American Counter-Draft did contain such a provision. The British Draft contained no provision for arbitration, because the principle of arbitration had not been proposed on either side during the negotiations upon which that Draft was founded, and because, moreover, it was understood at that time that the principle of arbitration would be decidedly objected to by the United States. But, as the United States' Government have expressed a wish to embody that principle in the proposed Convention, the British Government is perfectly willing to accede to that wish; you are therefore instructed to state to Mr. Forsyth, that Her Majesty's Government consent to the two principles which form the main foundation of the American Counter-Draft, namely: 1st., That the Commission to be appointed should be so constituted as necessarily to lead to a final settlement of the questions at issue between the two countries; and secondly, that in order to secure such a result, the Convention, by which the Commission is to be created, should contain a provision for arbitration upon points as to which the British and American Commissioners may not be able to agree. You will at the same time say, that there are some matters of detail in the American Counter-Draft, which Her Majesty's Government could not adopt, but that you will, by a very early opportunity, receive an amended draft to be submitted to the consideration of the President; and that you will at the same time be instructed to propose to the President a local and temporary arrangement, for the purpose of preventing collisions within the limits of the Disputed Territory. WITH reference to my other despatch of this day, I have to state to you, that it seems desirable that no time should be lost in endeavouring to settle with the United States' Government some temporary arrangement which shall effectually prevent local collisions within the Disputed Territory, during the period which may yet elapse before the question of the Boundary shall be finally determined. I have, aecordingly, to instruct you to call the serious attention of the President to the many inconveniences which are likely to result from the present state of things in that quarter, and to say, that it is the opinion of Her Majesty's Government, that the best way of preventing the friendly relations between the United States and Great Britain from being interrupted by the indiscreet acts of local authorities, would be, to place these matters in the hands of the two Governments. For this purpose Her Majesty's Government would propose, that an agreement, to be recorded either by a protocol or by an exchange of notes, should be come to between yourself on the part of Her Majesty's Government, and Mr. Forsyth on the part of the Government of the United States, purporting that two Commissioners should be appointed, one by each Government, who should have charge of maintaining order in the Disputed Territory, during the interval of time which may elapse before the question of Boundary shall be finally settled. That these Commissioners, neither of whom should be a citizen of any of the States on the immediate border, nor a native of Her Majesty's North American provinces, shall employ a civil force in the capacity of constables, to consist of an equal number of British subjects and of American citizens; and that the duty of these persons shall be to protect the timber from depredation, and to arrest and expel all trespassers; that any fortifications or entrenchments which either party may have constructed within the Disputed Territory shall be demolished; and that any post which it may be necessary for the Commissioners to cause to be occupied, for the purpose of preventing trespass and plunder, shall be occupied by an equal number of British and American constables. All timber which may be found cut down by trespassers within the Disputed Territory, shall be burnt on the spot where it may be found; and all trespassers who may be met with in the act of plundering, shall be delivered over to their respective country to be dealt with according to law. I shall send you further instructions on this matter by the same opportunity by which I shall transmit to you the Draft of a Convention for settling the Boundary. I am, &c., RST |