Part 88

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.

H.S. FOX.

Mr. Forsyth to Mr. Fox.

DEPARTMENT OF STATE,

Washington, June 26, 1840.

H.S. FOX, Esq., etc.:

The undersigned, Secretary of State of the United States, has had the honor to receive a note addressed to him on the 22d instant by Mr. Fox, envoy extraordinary and minister plenipotentiary of Great Britain, inclosing printed copies of the report and map laid before the British Government by the commissioners employed during the last season to survey the territory in dispute between the two countries, and communicating the consent of Her Britannic Majesty's Government to the two principles which form the main foundation of the counter proposition of the United States for the adjustment of the question.

The undersigned, having laid Mr. Fox's note before the President, is instructed to say in answer that the President duly appreciates the motives of courtesy which prompted the British Government to communicate to that of the United States the documents referred to, and that he derives great satisfaction from the announcement that 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, and from the prospect held out by Mr. Fox of his being accordingly furnished by an early opportunity with the draft of a proposition amended in conformity with the principles to which Her Majesty's Government has acceded, to be submitted to the consideration of this Government.

Mr. Fox states that his Government might have expected that when the American counter draft was communicated to him some reasons would have been given to explain why the United States Government declined accepting the British draft of convention, or that if it thought the draft was not in conformity with previous agreement it would have pointed out in what respect the two were considered to differ.

In the note which the undersigned addressed to Mr. Fox on the 29th July of last year, transmitting the American counter draft, he stated that in consequence of the then recent events on the frontier and the danger of collision between the citizens and subjects of the two Governments a mere commission of exploration and survey would be inadequate to the exigencies of the occasion and fall behind the just expectations of the people of both countries, and referred to the importance of having the measure next adopted bear upon its face stipulations which must result in a final settlement under some form and in a reasonable time. These were the reasons which induced the President to introduce in the new project the provisions which he thought calculated for the attainment of so desirable an object, and which in his opinion rendered obviously unnecessary any allusion to the previous agreements referred to by Mr. Fox. The President is gratified to find that a concurrence in those views has brought the minds of Her Majesty's Government to a similar conclusion, and from this fresh indication of harmony in the wishes of the two cabinets he permits himself to anticipate the most satisfactory result from the measure under consideration.

The undersigned avails himself of the opportunity to offer to Mr. Fox renewed assurances of his distinguished consideration.

JOHN FORSYTH.

WASHINGTON, June 29, 1840.

To the Senate of the United States:

I transmit, in answer to a resolution of the Senate of the 12th of March last, a communication of the Secretary of War, accompanied by such information as could be obtained in relation to the military and naval preparations of the British authorities on the northern frontier of the United States from Lake Superior to the Atlantic Ocean.

M. VAN BUREN.

WAR DEPARTMENT, June 27, 1840.

The PRESIDENT OF THE UNITED STATES.

SIR: I have the honor to transmit herewith a report of the Commanding General, embracing the substance of the answers of the several officers who were applied to to furnish the information required by a resolution of the Senate of the 12th March last, referred by you to this Department, requesting the President to communicate to the Senate, if in his judgment compatible with the public interests, any information which may be in the possession of the Government, or which can be conveniently obtained, of the military and naval preparations of the British authorities on the northern frontier of the United States from Lake Superior to the Atlantic Ocean, distinguishing the permanent from the temporary and field works, and particularly by noticing those which are within the claimed limits of the United States.

This report and a letter of General Scott on the subject, which was transmitted to the Senate on the 27th of March last, furnish all the information the Department is in possession of in relation to the requirements of the above resolution.

Very respectfully, your most obedient servant,

J.R. POINSETT.

HEADQUARTERS OF THE ARMY,

Washington, June 26, 1840.