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, and regretted
sincerely that the award of the arbiter, which conferred upon the United
States three-fifths of the disputed territory, together with Rouses
Point--a much greater concession than is ever likely to be obtained
by a protracted negotiation--was set aside. An alleged insuperable
constitutional difficulty having occasioned the rejection of the award,
Sir Charles wished to ascertain previously to any further proceedings
how far the General Government had the power to carry into effect any
arrangement resulting from a new negotiation, the answer of Mr. McLane
upon this point having been confined to stating that should a new
commission of survey, freed from the restriction of following the due
north line of the treaty, find anywhere westward of that line highlands
separating rivers according to the treaty of 1783, a line drawn from the
monument at the source of the St. Croix would be such a fulfillment of
the terms of that treaty that the President could agree to make it the
boundary without reference to the State of Maine.


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