ent to clog the submission with the condition proposed by Her
Majesty's Government; that a just regard to the rights of the parties
and a proper consideration of his own duties required that the new
submission, if made, should be made without restriction or qualification
upon the discretion of the commissioners other than such as resulted
from established facts and the just interpretation of the definitive
treaty, and such as had been heretofore and were now again tendered to
His Britannic Majesty's Government; that he despaired of obtaining a
better constituted tribunal than the one proposed; that he saw nothing
unfit or improper in submitting the question as to the character in
which the St. John and Restigouche were to be regarded to the decision
of an impartial commission; that the parties had heretofore thought it
proper so to submit it, and that it by no means followed that because
commissioners chosen by the parties themselves, without an umpire, had
failed to come to an agreement respecting it, that the same result would
attend the efforts of a commission differently selected. The Secretary
closed his note by stating that the President had no new proposal
to offer, but would be happy to receive any such proposition as His
Britannic Majesty's Government might think it expedient to make, and by
intimating that he was authorized to confer with Sir Charles whenever
it might suit his convenience and comport with the instructions of his
Government with respect to the treaty boundary or a conventional
substitute for it.

On the 4th of May, 1835, Sir Charles R. Vaughan expressed his regret
that the condition which His Majesty's Government had brought forward as
an essential preliminary to the adoption of the President's proposal had
been declared to be inadmissible by the American Government.

Sir Charles confidently appealed to the tenor of the language of the
award of the arbiter to justify the inference drawn from it by His
Majesty's Government in regard to that point in the dispute which
respects the rivers which are to be considered as falling directly
into the Atlantic. The acquiescence of the United States in what was
understood to be the opinion of the arbiter was invited, he said,
because the new commission could not enter upon their survey in search
of the highlands of the treaty without a previous agreement between
the two Governments what rivers ought to be considered as falling into
the Atlantic, and that