ny weight in deciding the disputed boundary. It has
always been contended by this Government that the rivers St. John and
Restigouche were to be considered in connection with the Penobscot and
Kennebec in determining the highlands called for by the treaty, and the
arbiter is not understood to deny to them, when thus connected, the
character of "rivers falling into the Atlantic Ocean."

This construction of the arbiter's meaning, derived from the general
tenor of the context, it will be perceived, is not invalidated by the
next succeeding paragraph cited by Mr. Fox, in which the bays of Fundy
and Des Chaleurs are spoken of as _intermediaries_ whereby the rivers
flowing into the St. John and Restigouche reach the Atlantic Ocean,
inasmuch as such construction admits the opinion of the arbiter to have
been that the St. John and Restigouche do not fall _directly_ into the
Atlantic, and that they thus constitute a _species_ by themselves, while
it denies that they are therefore excluded by the arbiter from the genus
of "4' rivers falling into the Atlantic."

The undersigned avails himself of this opportunity to renew to Mr. Fox
the assurance of his distinguished consideration.

JOHN FORSYTH.

_Mr. Forsyth to Mr. Fox_.

DEPARTMENT OF STATE,

_Washington, February 7, 1838_.

HENRY S. FOX, Esq., etc.:

The undersigned, Secretary of State of the United States, has the honor
to acknowledge the receipt of the note addressed to him on the 10th
ultimo by Mr. Fox, Her Britannic Majesty's envoy extraordinary and
minister plenipotentiary at Washington, with regard to the question
pending between the two Governments upon the subject of the northeastern
boundary, and to inform him that his communication has been submitted to
the President. It has received from him the attentive examination due
to a paper expected to embody the views of Her Britannic Majesty's
Government in reference to interests of primary importance to both
countries. But whilst the President sees with satisfaction the
expression it contains of a continued desire on the part of Her
Majesty's Government to cooperate with this in its earnest endeavors to
arrange the matter of dispute between them, he perceives with feelings
of deep disappointment that the answer now presented to the propositions
made by this Government with the view of effecting that object, after
having been so long delayed, notwithstanding the repeated intimations
that it was looked for her