M. VAN BUREN.

_Mr. Fox to Mr. Forsyth_.

WASHINGTON, _June 22, 1840_.

Hon. JOHN FORSYTH, etc.:

The undersigned, Her Britannic Majesty's envoy extraordinary and

minister plenipotentiary, has the honor to transmit to the Secretary of

State of the United States, by order of his Government, the accompanying

printed copies of a report and map which have been presented to Her

Majesty's Government by Colonel Mudge and Mr. Featherstonhaugh, the

commissioners employed during the last season to survey the disputed

territory.

The undersigned is instructed to say that it will of course have become

the duty of Her Majesty's Government to lay the said report and map

before Parliament; but Her Majesty's Government have been desirous, as a

mark of courtesy and consideration toward the Government of the United

States, that documents bearing upon a question of so much interest

and importance to the two countries should in the first instance be

communicated to the President. The documents had been officially placed

in the hands of Her Majesty's Government only a few days previously

to the date of the instruction addressed to the undersigned.

Her Majesty's Government feel an unabated desire to bring the

long-pending questions connected with the boundary between the United

States and the British possessions in North America to a final and

satisfactory settlement, being well aware that questions of this nature,

as long as they remain open between two countries, must be the source of

frequent irritation on both sides and are liable at any moment to lead

to events that may endanger the existence of friendly relations.

It is obvious that the questions at issue between Great Britain and

the United States must be beset with various and really existing

difficulties, or else those questions would not have remained open ever

since the year 1783, notwithstanding the frequent and earnest endeavors

made by each Government to bring them to an adjustment; but Her

Majesty's Government do not relinquish the hope that the sincere desire

which is felt by both parties to arrive at an amicable settlement will

at length be attended with success.

The best clew to guide the two Governments in their future proceedings

may perhaps be obtained by an examination of the causes of past failure;

and the most prominent amongst these causes has certainly been a want of

correct 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 Netherlands Government in its

endeavors to decide the points submitted to its arbitration in 1830.

The same has been felt by the Government in England; it has been felt

and admitted by the Government of the United States, and even by the

local 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 commission would be the measure best calculated to elucidate and

solve the questions at issue. The President proposed such a commission

and Her Majesty's Government consented to it, and it was believed by

Her Majesty's 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. Her Majesty's

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 that 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.

The United States 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 the

convention would establish a commission of "mere exploration and

survey," and the President was of opinion that the step next to be taken

by the two Governments should be to contract stipulations bearing upon

the face of them the promise of a final settlement under some form or

other and within a reasonable time.

The United States Government accordingly transmitted to the undersigned,

for communication to Her Majesty's Government, in the month of July last

a counter draft of convention varying considerably in some parts (as the

Secretary of State of the United States admitted in his letter to the

undersigned of the 29th of July last) from the draft proposed by Great

Britain, but the Secretary of State added that the United States

Government did not deem it necessary to comment upon the alterations

so made, as the text itself of the counter draft would be found

sufficiently perspicuous.

Her Majesty's Government might certainly well have expected that

some reasons would have been given to explain why the United States

Government declined to confirm an arrangement which was founded upon

propositions made by that Government itself and upon modifications to

which that Government had agreed, or that if the American Government

thought the draft of convention thus proposed was not in conformity with

the previous agreement it would have pointed out in what respect the two

were considered to differ.

Her Majesty's Government, considering the present state of the boundary

question, concur with the Government of the United States in thinking

that it is on every account expedient that the next measure to be

adopted by the two Governments should contain arrangements which will

necessarily lead to a 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 between the two countries.

There was, however, undoubtedly one 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 now expressed a wish to embody

the principle of arbitration in the proposed convention, Her Majesty's

Government are perfectly willing to accede to that wish.

The undersigned is accordingly instructed to state officially to Mr.

Forsyth that Her Majesty's Government consent to the two principles

which form the main foundation of the American counter draft, namely:

First, that the commission to be appointed shall be so constituted as

necessarily to lead to a final settlement of the questions of boundary

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 shall contain a provision for arbitration upon points as to

which the British and American commissioners may not be able to agree.

The undersigned is, however, instructed to add that there are many

matters of detail in the American counter draft which Her Majesty's

Government can not adopt. The undersigned will be furnished from his

Government, by an early opportunity, with an amended draft in conformity

with the principles above stated, to be submitted to the consideration

of the President. And the undersigned expects to be at the same time

furnished with instructions to propose to the Government of the

United States a fresh, local, and temporary convention for the better

prevention of incidental border collisions within the disputed territory

during the time that may be occupied in carrying through the operations

of survey or arbitration.

The undersigned avails himself of this occasion to renew to the

Secretary of State the assurance of his distinguished consideration.

A Compilation of the Messages and Papers of the Presidents. Volume 3, part 2: Martin Van Buren · 第 464 / 521 题