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VII

The British claimed as those highlands the lands which divide the branches of the river St. John from those of the Penobscot, including Mars Hill, and the United States contended that they were the highlands northward of the river St. John, bounding the sources of the rivers that fall into into the St. Lawrence, and dividing them from the rivers that fall into the Atlantic Ocean. These were the points of difference submitted to the arbiter, and which he was invited to investigate and decide. His delegated powers extended no further. When, therefore, without pretending to decide either of these points, he undertakes to mark out a new boundary for the United States, and instead of the highland described in the treaty, declares his opinion that a portion of the river St. John and the river St. Francis are suitable boundaries between the two Governments, he evidently transcends the limits of his authority and his award account justly be considered as binding upon the parties interested. The acceptance or rejection of the award is now pending before the Senate of the United States, and we cannot but confidently expect, that the extradentary advice and opinion of the arbiter will be considered by the General Government, as an unauthorized assumption of power, and that such direction be given to the subject as will comport with the rights and interest of the United States. At the last session of the Legislature, resolution were adopted declaring the right of this state to the territory in despite, and expressing their opinion that the award of the King of the Netherlands was not obligatory, and that its acceptance would be a violation of the constitutional rights of Maine. Copies of these resolutions I transmitted to the President of the United States by a special agent who was appointed