Fox refers to the conventional line
adopted, although different from that designated by the treaty, with
respect to the boundary westward from the Lake of the Woods, and asks,
"Why should such a line not be agreed to likewise for the boundary
eastward from the river Connecticut?" The reply to this question is
obvious. The parallel of latitude adopted on the occasion referred to
as a conventional substitute for the treaty line passed over territory
within the exclusive jurisdiction of the General Government without
trenching upon the rights or claims of any individual member of the
Union, and the legitimate power of the Government, therefore, to agree
to such line was perfect and unquestioned. Now in consenting to a
conventional line for the boundary eastward from the river Connecticut
the Government of the United States would transcend its constitutional
powers, since such a measure could only be carried into effect by
violating the jurisdiction of a sovereign State of the Union and by
assuming to alienate, without the color of rightful authority to do
so, a portion of the territory claimed by the State.
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