Livingston's proposition, notwithstanding the
unlimited discretion which it was proposed to give them, unless the
two Governments agreed upon two of the seven subordinate points--"the
character of the land they are to discover as dividing waters according
to the treaty of 1783 and what are to be considered as Atlantic rivers."
In answer to Mr. McLane's observation that on many points the reasoning
of the arbiter had been more favorable to the United States than to
Great Britain, and that therefore acquiescence should equally apply to
all the premises assumed, Sir Charles expressed his confidence that if
acquiescence in them could facilitate the object which now occupied both
Governments they would meet with the most favored consideration. Sir
Charles adverted to the obligations contracted under the seventh article
of the convention, to the opinion of His Majesty's Government that they
were binding and its willingness to abide by the award of the arbiter.
He referred to the small majority by which he supposed the award to have
been defeated in the Senate of the United States and a new negotiation
advised to be opened, to the complicated nature of the plan proposed
by the United States for another attempt to trace the boundary of
the treaty, to the rejection of the points proposed by the British
Government to render that plan more practicable, etc.
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