Part 41

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.

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_.

The SECRETARY OF WAR.

SIR: I have the honor to report that in obedience to your instructions letters have been addressed to the various officers who it was supposed might be able to procure the information required by the resolution of the Senate of the 12th of March, to wit: "_Resolved,_ That the President of the United States be requested to communicate to the Senate, if in his judgment compatible with the public interest, any information which maybe in 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 noting those which are within the claimed limits of the United States." In answer to the letter addressed to him on the subject, and with regard to the Senate's resolution as far as relates to "military preparations of the British authorities on the northern frontier of the United States," General Scott communicates the following facts: That he has paid but little attention to the forts and barracks erected by the British authorities near the borders of Maine _above_ Frederickton, in New Brunswick, or in Upper Canada _above_ Cornwall, being of the fixed opinion that all such structures would be of little or no military value to either of the parties in the event of a new war between the United States and Great Britain; that he was last summer at the foot of Lake Superior, and neither saw nor heard of any British fort or barracks on the St. Marys River; that between Lakes Huron and Brie the British have three sets of barracks--one at Windsor, opposite to Detroit; one at Sandwich, a little lower down; and the third at Malden, 18 miles below the first--all built of sawed logs, strengthened by blockhouses, loopholes, etc.; that Malden has long been a military post, with slight defenses; these have been recently strengthened. The works at Sandwich and Windsor have also, he thinks, been erected within the last six or eight months. That near the mouth of the Niagara the British have two small forts--George and Mississauga; both existed during the last war; the latter may be termed a permanent work. Slight barracks have been erected within the last two years on the same side near the Falls and at Chippewa, with breastworks at the latter place, but nothing, he believes, above the work first named on the Niagara which can be termed a fort.

That since the commencement of recent troubles and (consequent thereon) within our own limits Fort William Henry, at Kingston, and Fort Wellington, opposite to Ogdensburg (old works), have both been strengthened within themselves, besides the addition of dependencies. These forts may be called permanent. That on the St. Lawrence below Prescott, and confronting our territory, he knows of no other military post. Twelve miles above, at Brockville, there may be temporary barracks and breastworks; that he knows that of late Brockville has been a military station.

That in the system of defenses on the approaches to Montreal the Isle aux Noix, a few miles below our line, and in the outlet of Lake Champlain, stands at the head. This island contains within itself a system of permanent works of great strength; on them the British Government has from time to time expended much skill and labor.

That Odletown, near our line, on the western side of Lake Champlain, has been a station for a body of Canadian militia for two years, to guard the neighborhood from refugee incendiaries from our side. He thinks that barracks have been erected there for the accommodation of those troops, and also at a station, with the like object, near Alburgh, Vt. He believes that there are no important British forts or extensive British barracks on our borders from Vermont to Maine. In respect to such structures on the disputed territory, that Governor Fairfield's published letters contain fuller information than has reached him through any other channel; that he has heard of no new military preparations by the British authorities on the St. Croix or Passamaquoddy Bay.

That among such preparations, perhaps he ought not to omit the fact that Great Britain, besides numerous corps of well-organized and well-instructed militia, has at this time within her North American Provinces more than 20,000 of her best regular troops. The whole of those forces might be brought to the verge of our territory in a few days. Two-thirds of that regular force has arrived out since the spring of 1838. General Scott states that he has had the honor to report directly to the Secretary of War with regard to the naval force recently maintained upon the American lakes by Great Britain. In answer to a similar letter to that addressed to General Scott, General Brady writes from Detroit that the only permanent work of which he has any knowledge is the one at Fort Malden, which has in the last year been thoroughly repaired, and good substantial barracks of wood have been erected within the works, sufficient, he thinks, to contain six if not eight hundred men; that the timber on the island of Bois Blanc has been partly taken off and three small blockhouses erected on the island. These are all the military improvements he knows of between the mouth of Detroit River and the outlet of Lake Superior. That temporary barracks of wood capable of containing perhaps 150 men have been erected opposite to Detroit; that some British militia are stationed along the St. Clair River.

Colonel Bankhead writes that of the military and naval preparations of the British on the northern frontier of the United States, he can only state that Fort Mississauga, nearly opposite our Fort Niagara, has been enlarged and strengthened; that permanent and extensive barracks were commenced last summer at Toronto and are probably completed by this time, and that a large vessel for a steamer was being constructed last fall at Niagara City by and for the service of the Government; that the British Government has on Lake Ontario a steamboat commanded and officered by officers of the navy, and is commissioned, he presumes, as a Government vessel; that the authorities of Upper Canada had last summer in their service on Lake Erie two steamboats, which were at first hired from citizens of Buffalo, but which they subsequently purchased, as he was informed.

Lieutenant-Colonel Crane writes from Buffalo that the only military work in that vicinity undergoing repairs (within his knowledge) is Fort Mississauga, at the mouth of the Niagara River, on the Canada side, which the English have been repairing and extending for two years past, and it is believed to be now in a very efficient state; that there have been rumors of armed steamers being built or building at Chippewa, but on inquiry he could learn of none except the ordinary steamboats for the navigation of the lakes. It has been said, however, that one is building on Lake Ontario by the English, and intended for the revenue service, but he does not know what truth there is in this statement.

Lieutenant-Colonel Pierce reports from Plattsburg that he has no knowledge of any military or naval preparations of the British authorities on the line of frontier adjacent to his command, comprising what is generally called the Lake Champlain frontier, except the introduction of troops at Odletown and Napierville, near the boundary line between New York and Canada, on the west side of the lake, and also the establishment of a line of posts from Missisquoi Bay, on the east side of the lake, along and near to the Vermont frontier as far as the Connecticut River, the erection of a new barrack and fieldwork at St. John, and the repairs and armament of the Isle aux Noix, with increased force at both of these posts; that none of the positions so occupied by British troops are within the claimed limits of the United States; that these military preparations (it has been heretofore understood) have been made by the British authorities to suppress rebellion and insurrection among the Canadian population.

Captain Johnson reports from Fort Brady that he has heard nothing on the subject of the resolution but mere rumors, and that there is no appearance of any works going up anywhere on the Canada side of the St. Marys River. The files of the Adjutant-General's Office have been examined, but no further information has been elicited.

Respectfully submitted,

ALEX. MACOMB,

_Major-General_.

WASHINGTON, _June 29, 1840_.

_To the House of Representatives of the United States_:

I transmit herewith a communication of the Secretary of War, accompanied by a report of the Commanding General of the Army, embracing all the information which can be obtained in answer to a resolution of the House of Representatives of the 6th of April, 1840, requesting to be furnished with any information in possession of the executive department showing the military preparation of Great Britain by introducing troops into Canada or New Brunswick or erecting or repairing fortifications on our northern or northeastern boundary or by preparing naval armaments on any of the great northern lakes, and what preparations, if any, have been made by this Government to put the United States, and especially those frontiers, in a posture of defense against Great Britain in case of war.

M. VAN BUREN.

WASHINGTON CITY, _June 29, 1840_.

_To the House of Representatives of the United States_:

I transmit the inclosed report of the Secretary of War, with accompanying documents, furnishing all the information the Department has been able to obtain in relation to any violation of or desire on the part of Great Britain to annul the agreement entered into between that Government and the United States in the month of April, 1817, relative to the naval force to be maintained upon the American lakes, called for by a resolution of the House of Representatives of the 9th March last.

M. VAN BUREN.

Hon. R.M. JOHNSON,

_President of the Senate_.

SIR: I transmit herewith to the Senate a statement from the Secretary of the Navy of the transfers which have been made since the commencement of the present year from different appropriations for the naval service to other appropriations for the same service, which had become necessary for the public interests.

The law under which these transfers were made conveys no authority for refunding the different amounts which may be transferred. On the contrary, so soon as the appropriations for the year shall pass and the means be furnished for refunding these sums the repayments would be prohibited by the law of 3d March, 1809, in relation to general transfers.

Some authority to refund the amounts which may be transferred under the law of 30th of June, 1834, seems so obviously indispensable to any beneficial exercise of the power which it grants that its omission may be presumed to have been accidental.

The subject is respectfully referred to the consideration of Congress for such action as they may deem proper to accomplish the restoration of these transfers, and thus confirm the original appropriations as they are established by Congress, instead of leaving their expenditure discretionary with the Executive.

M. VAN BUREN.

JULY 2, 1840.

[The same message was addressed to the Speaker of the House of Representatives.]

WASHINGTON, _July 20, 1840_.

_To the Senate of the United States_:

I transmit herewith, in reply to the resolution of the Senate of the 11th March last, a report[81] from the Secretary of War, accompanied by a communication and other documents from the Commissioner of Indian Affairs.

M. VAN BUREN.

[Footnote 81: Relating to purchases of Indian lands since the establishment of the Federal Government.]

JULY 25, 1840.

The President of the United States, in pursuance of a resolution of the Senate of the 20th instant, herewith transmits to the honorable Secretary of the Senate a copy of the report of Captain M.C. Perry in relation to the light-houses of England and France.

M. VAN BUREN.

EXECUTIVE ORDER.

WASHINGTON CITY, _March 31, 1840_.