DEPARTMENT OF STATE,

_Washington, May 8, 1838_.

His Excellency EDWARD KENT,

_Governor of Maine_.

Sir: I have the honor to acknowledge the receipt on the 22d ultimo of

the communication addressed to this Department by your excellency on

the 28th of March last, transmitting a printed copy of your message of

the 14th of the same month to the legislature of Maine, together with

certain resolves passed by that body, in relation to the northeastern

boundary of the State.

Although the answer thus given to the application made to you, by

direction of the President, under date of the 1st of March last, to

ascertain the sense of the State of Maine in regard to a conventional

line of boundary may be regarded as conclusive, I still deem it proper,

with reference to your excellency's message, to mark a misconception

which appears to have existed on your part when communicating to the

legislature the letter and documents received from this Department. This

is done with the greater freedom since the frank and liberal manner in

which your excellency invited the attention of that body to the subject

is highly appreciated by the President. The question therein presented

for consideration was not, as your excellency supposed, whether the

State of Maine should "take the lead in abandoning the treaty and

volunteer propositions for a conventional line," but simply whether the

government of Maine would consent that the General Government should

entertain a direct negotiation with the British Government for a

conventional line of boundary on the northeastern frontier of the United

States. Had that consent been given it would have been reasonable to

expect the proposition of a line from Great Britain, as it was that

power which particularly desired the resort to that mode of settling the

controversy. It was also the intention of the President so to arrange

the negotiation that the approbation of Maine to the boundary line

agreed upon should have been secured. It was with this view that in the

application to the State of Maine for its assent to a negotiation for a

conventional line express reference was made to such conditions as she

might think proper to prescribe. To all such as were, in the opinion of

the President, required by a proper regard for the security of Maine and

consistent with the Constitution he would have yielded a ready assent.

Of that character was he disposed to regard a condition that in a

negotiation for the final establishment of a new line, with power on the

part of the negotiators to stipulate for the cession or exchange of

territory as the interests and convenience of the parties might be found

to require, the State of Maine should be represented by commissioners of

her own selection and that their previous assent should be requisite to

make any treaty containing such stipulation binding upon her.

These suggestions are not now made as matter of complaint at the

decision which the State of Maine has come to on a matter in which she

was at perfect liberty to pursue the course she has adopted, but in

justice to the views of the President in making the application.

I am instructed to announce to your excellency that by direction of the

President, upon due consideration of the result of the late application

of the General Government to the State of Maine on the subject of the

northeastern boundary and in accordance with the expressed wishes of

her legislature, I have informed Mr. Fox of the willingness of this

Government to enter into an arrangement with that of Great Britain for

the establishment of a joint commission of survey and exploration upon

the basis of the original American proposition and the modifications

offered by Her Majesty's Government, and to apprise you that Mr. Fox,

being at present unprovided with full powers for negotiating the

proposed convention, has transmitted my communication to his Government

in order that such fresh instructions may be furnished to him or such

other steps taken as may be deemed expedient on its part.

I have the honor to be, with great respect, your excellency's obedient

servant,

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