the question of commission altogether. Upon being referred to that part of the note which contained the above modification, and after reading it over attentively, he said that if His Majesty's Government really wished for the formation of a commission of exploration and survey, whose labours were to be afterwards submitted to their respective governments, and whose decisions or opinions were not to be final, he thought that the President would have no objection in acceding to such a proposal.(Correspondence, &c. &c., No. 49.)

The President, however, did not accede afterwards to the proposal, but requested to be informed more fully of the views of the British Government in offering the modification, so that he might be enabled to judge how the report of the Commission (which, as then proposed to be constituted, was not to decide upon points of difference), when it should have been rendered, was likely to lead to an ultimate settlement of the question of boundary, between the two Governments.

The instructions on this head from Her Majesty's principal Secretary of State for Foreign Affairs, to her Minister at Washington, are as follows:—

"Her Majesty's Government have little expectation that such a commission could lead to any useful result, and on that account would be disposed to object to the measure. But at the same time they

are so unwilling to reject the only plan now left, which seems to afford a chance of making any further advance in this long-pending matter, that they would not withhold their consent to such a commission, if the principle upon which it was to be formed, and the manner in which it was to proceed, could be satisfactorily settled.

"The United States' Government have proposed two modes in which such a commission might be constituted; first, that it might consist of commissioners named in equal numbers by each of the two Governments, with an umpire, to be selected by some friendly European Power; secondly, that it might be entirely composed of scientific Europeans, to be selected by a friendly Sovereign; and might be accompanied in its operations by agents of the two different parties, in order that such agents might give to the commissioners assistance and information.

"If such a commission were to be appointed, Her Majesty's Government think that the first of these two modes of constructing it would be the best, and that it should consist of members chosen in equal numbers by each of the two Governments. It might, however, be better that the umpire should be selected by the members of the commission themselves, rather than that the two Governments should apply to a third Power to make such a choice.

"The object of this commission, as understood

by Her Majesty's Government, would be to explore the disputed territory, in order to find within its limits, dividing highlands, which may answer the description of the Treaty; the search being first to be made in the due north line, from the monument at the head of the St. Croix; and if no such highlands should be found in that meridian, the search to be then continued to the westward thereof; and Her Majesty's Government have stated their opinion, that in order to avoid all fruitless disputes, as to the character of such highlands, the commissioners should be instructed to look for highlands which both parties might acknowledge as fulfilling the conditions required by the Treaty.

"Mr. Forsyth, in his note of the 5th March, 1836, expresses a wish to know how the report of the commission would, according to the views of Her Majesty's Government, be likely, when rendered, to lead to an ultimate settlement of the question of boundary between the two Governments.

"In reply to this enquiry Her Majesty's Government would beg to observe, that the proposal to appoint a commission originated not with them, but with the Government of the United States ; and that it is therefore rather for the Government of the United States than for that of Great Britain, to answer this question.

"Her Majesty's Government have themselves already stated that they have little expectation that such a commission could lead to any useful result,

and that they would on that account be disposed to object to it; and if Her Majesty's Government were now to agree to appoint such a commission, it would be only in compliance with the desire so strongly expressed by the Government of the United States, and in spite of doubts which Her Majesty's Government still continue to entertain of the efficacy of the measure.

"But with respect to the way in which the report of the commission might be likely to lead to an ultimate settlement of the question, Her Majesty's Government, in the first place, conceive that it was meant by the Government of the United States, that if the commission should discover highlands answering to the description of the Treaty, a connecting line drawn from those highlands to the head of the St. Croix, should be deemed to be a portion of the boundary line between the two countries.

But Her Majesty's Government would further beg to refer Mr. Forsyth to the notes of Mr. McLane of the 5th June, 1833, and of the 11th and 28th March, 1834, on this subject; in which it will be seen that the Government of the United States appears to have contemplated as one of the possible results of the proposed commission of exploration, that such additional information might possibly be obtained respecting the features of the country in the district to which the Treaty relates, as might remove all doubt as to the impracticability of

laying down a boundary in strict accordance with the letter of the Treaty.

"And if the investigations of the proposed commission should show that there is no reasonable prospect of finding a line strictly conformable with the description contained in the Treaty of 1783, the constitutional difficulties which now prevent the United States from agreeing to a conventional line may possibly be removed, and the way may thus be prepared for the satisfactory settlement of the difference by an equitable division of the disputed territory.

"But if the two Governments should agree to the appointment of such a commission, it would be necessary that their agreement should be first recorded in a Convention, and it would obviously be indispensable that the State of Maine should be an assenting party to the arrangement."

These instructions were communicated to the American Government, on the 10th of January, 1838.

On the 27th of April, 1838, the Honourable John Forsyth, the Secretary of State of the United States, transmitted to Her Majesty's Minister at Washington the following note :

"Washington, April 27th, 1838.

"The undersigned, Secretary of State of the