This determination on the part of the United
States not to adopt the premises of the arbiter while rejecting his
conclusion has been heretofore made known to Her Majesty's Government,
and while it remains must necessarily render the discussion of the
question what those premises were unavailing, if not irrelevant. The few
observations which the undersigned was led to make in the course of his
note to Sir Charles Vaughan upon one of the points alleged to have been
thus determined were prompted only by a respect for the arbiter and a
consequent anxiety to remove a misinterpretation of his meaning, which
alone, it was believed, could induce the supposition that the arbiter,
in searching for the rivers referred to in the treaty as designating the
boundary, could have come to the opinion that the two great rivers whose
waters pervaded the whole district in which the search was made and
constituted the most striking objects of the country had been entirely
unnoticed by the negotiators of the treaty and were to be passed over
unheeded in determining the line, while others were to be sought for
which he himself asserts could not be found.
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