eaty of 1783
the constitutional difficulties which now prevented the United States
from agreeing to a conventional line might possibly be removed, and the
way be thus prepared for a satisfactory settlement of the difference by
equitable division of the territory; but, he added in conclusion, if the
two Governments should agree to the appointment of such a commission,
it would be necessary that their agreement should be by a convention,
and it would be obviously indispensable that the State of Maine should
be an assenting party to the arrangement.

In acknowledging the receipt of Mr. Fox's communication at the
Department he was informed (7th February) that the President
experienced deep disappointment in finding that the answer just
presented on the part of the British Government to the proposition
made by this Government with the view of effecting the settlement of
the boundary question was so indefinite in its terms as to render it
impracticable to ascertain without further discussion what were the
real wishes and intentions of Her Majesty's Government respecting the
appointment of a commission of exploration and survey, but that a copy
of it would be transmitted to the executive of Maine for the purpose of
ascertaining the sense of the State authorities upon the expediency of
meeting the views of Her Majesty's Government so far as they were
therein developed.

Occasion was taken at the same time to explain to Mr. Fox, in answer
to the suggestion in his note of the 10th of January last, that the
parallel of latitude adopted as a conventional substitute for the line
designated in the treaty for the boundary westward from the Lake of the
Woods passed over territory within the exclusive jurisdiction of the
General Government, without trenching upon the rights or claims of
any member of the Union, and the legitimate power of the Government,
therefore, to agree to such line was held to be perfect, but that in
acceding to a conventional line for the boundary eastward from the river
Connecticut it would transcend its constitutional powers, since such a
measure could only be carried into effect by violating the jurisdiction
of a sovereign State and assuming to alienate a portion of the territory
claimed by such State.

In reply to the observation of Mr. Fox that it was difficult to
understand upon what ground an expectation could have been entertained
that the proposition to make the St. John the boundary would be received