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Maps, platas. charts, ate, may ba filmad at diffarant raduotion ratioa. Thosa too larga to ba antlraly ineludod in ona axposura ara filmad baginning in tha uppar laft hand comar, laft to right and top to bottom, aa many framas aa raquirad. Tha following diagrams illustrata tha mathod: Las cartas, planchas. tablaaux, ate, pauvant Atra fiimis A daa taux da reduction diff Grants. Loraqua la document ast trop grand pour Atro raproduit an un saul ciichA. il ast film* A partir da I'angla supAriaur gaucha, da gaucha h droita, at da haut an bas, an pranant la nombra d'imagas nAcasssira. lias diagrammas suivants illuatrant la mithodo. 1 2 3 1 2 3 4 5 6 U 1) ?J?o 26th Congress, \st Session. Doc. No. 1 19.? Ho. OF Rfp3, Z^y^lU 1 ': ! I ?-K;15, ^:'V> (wU'/i . I !j'(^i.: MAINE AND NEW BRUNSWIClt. / .,\' MESSAGE FROM THE PRESIDENT OF THE UNITED STATES, TRANSMITTING 7%e infortnation required by the resolution of the House of Representatives of the Wi ultimo, in relation to the arrangement entered into between the Governor of Maine and the lAeutenant Governor of New Brutisivick, in the month of March last, dfc, 6i*c. April 7, 1840. Referred to the Committee on Foreign Afi'airr. Washington City, April 3, 1840. Sir: In compliance with a resolution of the House of Representatives of the 9th ultimo. I communicate herewith, accompanied by a report from the Secretary of War, "copies of the arrangement entered into between the Governor of Maine and Sir John Harvey, Lieutenant Governor of New Brunswick, through the mediation of Major General Scott, in the month of March last, (1839,) together with copies of the instructions given to General Scott, ' of all correspondence with him relating to the subject of contro- versy sen the State of Maine and the Province of New Brunswick." Very respectfully, your most obedient servant, M. VAN BUREN. Hon. R. M. T. Hunter, Speaker of the House of Representatives. War Department, April 3, 1840. Sir : I regret that circumstances, of the nature of which you are aware, have preveiiied an earlier compliance with your instructions to lay before you " copies of the arrangement entered into between the Governor of Maine and Sir John Harvey, Lieutenant Governor of New Brunswick, through the mediation of Major General Scott, in the month of March last, (1839,) together with copies of the instructions given to General Scott, and of all cor- respondence with hirn relating to the subject of the controversy between th» State of Maine and the Province of New Brunswick," which you are re- quested by a resolution of the House of Representatives, of the 9th ulliraO|^ to communicate to that body. ^^j^ Blair & Rives, printers. ^'^ Doc. No. 169. y*/vi,v • The papers referred to, numbered from 1 to 11, inclusive, are herewith Tespectfutly submitted. Very respectfully, your most obedient servant, J. R. POINSETT. To the VAEiUDK^T of ihe United States. ' , Wah Department. Fcirwcrry 28, 1839. Sir : You will proceed to the northeastern frontier and assume the com- mand there. On your route you will place yourself in communication with the Gov- ernor of the State of Maine, and inform him of the opinions and views of this Government, with which you are well acquainted. It is deemed to be highly important that the informal agreement entered into between the Secretary of State and the British minister should be acquiesced in by his excellency the Governor of Maine ; and you will urge upon him the pro- priety of not only yielding to the wishes of the President in this particular, but of affording to the General Government his cordial support and co-ope- ration to carry into effect such measures as the peace and honor of the country alike require. The accompanying documents* will fully explain the views and inst.nic- tions of the President. In the present state of the controversy between the State of Maine and her Britannic Majesty's Province of New Brunswick, you will abstain from all armed interference, and from entering the dispu- ted territory for any other purpose than to restore peace. Should the con- tingency cdhtemplated by the President unfortunately arise, and the attempt be made and persevered in by the British authorities to occupy the disputed territory, militarily, after the troops of Maine shall have retired from it, you will be fully instructed how to proceed. Orders have been extended by the commanding general to move such regular troops as can be immediately collected, and as rapidly as practicable, towards the northeastern frontier : these, together with the militia of the States of Massachusetts and Maine, which you will be authorized to call for, it is confidently expected will be sufficient to enforce the determination of tlie Government. Very respectfully, your most obedient servant, J. R. POINSETT.. Major General Winfikld Scott, Commanding, »3(^c., Boston, Mass. ay - No. 2. , . ^ t . t - -I'.- War Department, March 8, 1839. Sir : As it is to be presumed that the authorities of Maine will be anxious to ascertain the intentions of the President in regard to that portion of the • Corres-pondence between the Secretary of State and the British ipinistor, an-1 the arrange- nrnt entered into between tbpui, which have already been communicRted to Congress and jpriaied. i Boc. No. 169. S late law which relates to the appointment of a special minister to England, I think it proper to inform you that our minister at that court has been instructed to urge the necessity of a speedy and fiiiol decision of that Gov- ernment in this matter ; and, after expressing surprise at the delay which has occurred in furnishing Mr. Fox with instructions to continue the nego- tiation here, os was agreed upon, to say, that, if her Britannic Majesty's minister would prefer to have the negotiation transferred to London, the President would immediately appoint a minister to proceed there, in con- Ibrmity with the expressed intentions of Congress. These despatches will go out in the Liverpool steamer. It was stated, in conversation between Mr. Forsyth ond Mr. Fox, that Mr. Hudson assured the latter that his in- structions were being completed in the Foreign Office at the period of his departure from London.' . , Very respectfully, your most obedient servant, J. R. POINSETT. Major General VVinfield Scott, Augusta, Maine. • ) :)' No. 3. ■ ' "' ■■ ' .- llEADtiUARTERS. EASTERN DIVISION, Avgusia, Me., March 7, 1839. Sir: I had the honor to receive at Portland, yesterday morning, your instructions dated the 28th ultimo, which were addressed to me at Boston; and 1 came here the same evening. Happily, no conflict of arms, it is believed, has yet taken place between the forces of Maine and those of Great Britain, and none is immediately apprehended. It is now doubted, here, whether there be any truth in the reported arrival of 500 men at Madawaska from Lower Canada, and of 800 at Hali- fax from Europe; and Sir John Harvey had not, at the latest date, advanced a man into the disputed territory soiiih of the St. John's, if beyond that river. Time, therefore, has been gained for urging moderate counsels. I waited upon his excellency Governor Fairfield last evening, a little before the last mail from Washington had been opened. The latter part of Mr. Buchanan's fourth resolution reported to the Senate of the United States created much dissatisfaction at this place ; but whilst with the Governor, the pleasing intelligence was received that that resolution had been so modi- fied as to render it inoffensive to Maine. This is another circumstance favorable to the adjustment of the boundary question. The engagements of the Governor have been such, this morning, as to prevent my holding with him the free and full conference which I shall seek in the covirse of the day. He is desirous, moreover, to wait for the news expected from Washington this evening, and the arrival of a part of the late delegation of Maine in Congress. I have the honor to remain, sir, with high respect, your most obedient servant, WINFIELD SCOTT. Hon. J. R. Poinsett, Secretary of War, r Doc. No. 169. .1*lMhtt3t nt •r*>J»n«>i« lui' n't -4 ' >jii hill -'J Jiiili fn • No. 4. • . •. /' ■ ■■■' ■ — -, ...f Hbadqoartrus, Eastern Division, vr^ Augusta, Maine, March 8, 1939. Sir: We Imve no recent intellifroncc of interest from the Hispiited tcwi- tbry, or New Brunswick. The civil jtossc of Maine, under Messrs. Mcln- t(re and Jarvis, consisting of about 01)0 choice men, nrc nrtively engnged ih the special duties assigiied to them, supported by a det.ichmont of iroops of 1,000, already on the ground, and another detachment of COO, which \frill be there in a day or two. Besides these, the Governor had a force of 400 men, stationed at Calais, on the St. Croix, and about 1,000 halted here for orders. 1 liope it may not be thou«:ht necessary to advance the latter. ' His excelbncy Governor Fairfield does not think that he can, under the threat of Sir John Harvey, withdraw the troops from the disputed territory; and, even if assured that no attempt will be made to put thai, threat into ex- ecution, he would still deem it his duty to continue on the ground at least a part of lie posse, to prevent further depredations, and to secure the tim- ber which lias already been cut, Sir John [Jarvey is either wailine for the arrival of snfRcient reinforce- ments to enable him to enter upon tne disputed territory, or, more probably, for some communication from this quarter, as to the probable ten)per and dispositions of Maine, under the recomnjendr.tion oufaiiied in the recent vuniorandum signed at Washington ; and, as there has been no correspond- ence between him and the Governor of Maine ;since tlio — nltimo, (the letters laid before Congress,) I have jnsi proposed to the latter that I should seek to learn, through an oliicial or private note, whtliier Sir John is, him- self, willing and at liberty to acquiesce in that recoinmendation ; oflering, at the same time, to use my best endeavors with Governor Fairfield to in- duce him to lake corresponding steps on the part of Maine, so as to preserve the peace of the frontier, until the Governments of the United States and Great Britain can interpose and settle amicably the great question in con- troversy between the two nations. With the sanction of his excellency, I shall to day 'write a note to Sir John, of that character, and I entertain a well-grounded hope that 1 shall receive a favorable reply ; for here is a Mr. English, an intelligent gentleman, recently from Frederickton, who is believed to be in the confidence of Sir John, and who avouches the pacific disposition of the latter. Sir John Caldwell, a distinguished resident of New Brunswick, is also expected by Mr. English to be here in the course of a day or two, privately charged with the views of the Lieutenant Governor. He is an eld personal friond ; and having entertained the hope of seeing him last night or this morning, 1 was not in haste to obtain the sanction of Governor Fairfield to tho course above suggested. I, however, do not now deem it safe to wait many hours longer for his arrival. I have the honor to remain, sir, with high resp.^ct, your obedient servant, WIN FIELD SCOTT. V Hon. J. R. Poinsett, .S'ttre/aryq/" irar. No. 5. \ ii HKADaUARTERS, EaSTHRN DIVISION, Augusta, Maine, March 11, 1839. Sir : I enclose a copy of a semfoffici J letter which I yesterday despatch- ed to the Lieutenant Govt rnor of New Brunswick. It will probably reach I \ Doc. No. 169. d5 ^ I him to-morrow night, by means of the line of Maine estafeltes from Baft* gor to Honlton, nnd thence by express to Frodorickton. The conimiinicalion has been di'luyed several days, first, from the desire entertained hero to learn the action of (>ong^ress ; next, for the return of some of the Maine delegation; and thou, for the arrival of Sir John Cald- well, who was expected, and who is known to be iti the confidence of Sir John Harvey, in order to settle the terms of the overture proper to be sub- niirted, and which will he found in the la'tter part of the enclosure. It soon became evident to ine. from conversations with his excellency Governor Fairfield, and many leading members of the Legislature here, that Maine is not likely to consent to withdraw her civil posse, nor to agree upon any system of measures, conjointly with New Brunswick, for the future removal of trespassers or the protection of the public property — at least in respect to the parts of the disputed tmrifory on this side of the river St. John, over which the State has long exercised civil jurisdiction. It is alleged here, that, to follow out the "memorandum" upon those points, would place Maine on a worse footing, in respect to the Aroostook district, than that on which she stood prior to the late movements. Hence the terms of the over- ture sketched in my letter, and which wore fixed upon with great care, in concert with his pxc( llency and the honorable Mr. K. Williams. A reply tVom Sir John Harvey may be expected in five, or perhaps seven days ; and I have determined to remain here, to use my personal endeavors witfi the State Governmcnr to harmonize all the minor details between it and the Province of New Brunswick. I have just seen Sir John Caldwell, who has brought from Sir John Har- vey to Governor Fairfield a card, of which, with the permission of the latter, 1 enclose a copy. As yet, I have had but a moment's conversation with the messenger, in the presence of his excellency. He represents the dispo- sitions of tlie liinuten.TiC Governor to be highly conciliatory ; notwithstand- ing which, 1 appreiiend much diiiicully in respent to the civil posse of this State, which it is determined to hold in the disputed territory. In the course of the day, I sliall have ample conversations with th^ messenger, but must now break off lor the mail. Governor Fairfield, whose confidence I have sought, atiJ am so fortunate as to enjoy, expects a visit to day from some four or five of die delegates from this State in the late Congress. 1 shall also hav r!;e t,'dvantage of learning ilieir views, &c. 1 have tiie honor to remain, sir, with high respect, your mok o'bedient servant, WINFIELD SCOTT. Hon. J. R. PoiNsr-'.TT, Sccrclary of War. ' " llKADdUARTERS, Eastern Division, - Augusta, Maine, March 9, 1839. • Mv'drar Sir John : After waiting (I am ashamed to reflect how long) to find myself within a convenient distance and at leisure to express to you all the delight experienced at the reception of your very kind letter of April last, I have now to acknowledge a second, (dated in January,) of the same character, under the depression caused by more recent intelligence ol your f 'i f ii $ Doc. No. 169. •erere affliction — the loss of a gallant and estimable son. I ofTer you my sincere condolence on the ^reat bereavement, and cherish the hope that, in the midst of hiirh olHcial ungugernents, and, still more, in the resources of a welldisciplined mind, you may be enabled to bear the stroke of Piovi- dence with tho horoism of n soldier and a Christian. I have, my dear i-ir, at this moment, another cause of depression. P'or two winters 1 have earnestly, in snou's and (iosts, nnd with but little reslot any kind, labored to niaintnin peace liet\vosso, under the sheriff and a land agent, which she now has in the dis|)nred ti^rritory. Such posse, however, would be limited to a small luimbor of persons, and restricled to certain specilic duties. It is proliahle th;it I may, in a few days, proceed to Iloulton or Hancock barracks ; but, whether I remain here, or miy happen to go to another point in the interior, MajorKirby, of our artny, commanding at the barracks, \jriU forward to me any communication to my address. To show clearly the pacific dispositions of tfie United States, I will add, that I have not assumed, and do not expect to assume, any command over the forces which Maine has in the field ; and, if we can avoid collision on the northeastern frontier, it is not lilo^ly ih;it the United States will proceed to levy a single reijimeut under a recent act of Congress. 1 remain, my dear Sir John, witfi the highest respect and esteem, Your friend and humble servant, WIN FIELD SCOTT. His Excellency Major General Sir John IIarvp:v, Lieutenant Governor, cji'c, tji'c., t^i'^"- GOVRHXMF.NT HoUHE, FredcrlcL-lon, [N. B.) March 7, 1S39. Major General Sir John Harvey presents his compliments to Governor Fairfield, and, with reference to a commimicatiou which he has just re- ceived from her Majesty's minister at Washington, transmitting a " memo- randum," under the joint signatures of Mr. Forsyth, Secretary of State, and Mr. Fox, containing terms of accommodation recommended by the Secre- tary of State and her Majesty's minister plenipotentiary, to Governor Fair- field and himself, respectively, begs to say that he will be happy to enter into such amicable commun>calion with Governor Fairfield upon the sub- 'ject, ns may conduce to the attainment of the very desirable and important object thereby proposed to be effected. Sir John Harvey has answered Mr. Fox's communication, by expressing his entire readiness to give efiect to the proposed agreement, so far as may be dependent upon him. His Excellency Governor Fairfield, tj'c. No. 6. Headquarters, Eastern Division, Augusta, {Maine,) March 13, 1839. Sir : On the subject of the " memorandum," signed at Washington, Gov- ernor Fairfield sent in a message yesterday to the Legislature, of which I hope to obtain a copy in time to transmit to you by this morning's mail. Doc. No. 169. if I neither saw the document, nor learned its contents, until it had ^ono in; and at first felt a httle hurt at bein^ kept in ignorance on the subject, (1 am on the same floor witli his excellency, nntl wnit upon him several times a day,) until he ussua.rl me in the evening that it had hcin his iuten> tion to rend the pnpcr to uie, and to hnvu invited my views on its suiiges- tions or recommendations, but was prevented by certain accidental inter* Tuptions. 1 learn from him that, on the subject of withdrawing his troops and civil posse from the Aroostook district, the message differs but little, if at all, from the suggestions, on the same j.)oints, contained in my letter to Sir John Harvey, a copy of which I forwarded to the department the 11th instant; which suggestions, agreed upot) between the Governor and myself, contain the nearest approximation to the spirit of the memorandum that I was able to obtain. The message, however, will speak for itself. Sir John (/uldwcll thinks that the proposition to retain, in the Aroostook district, a small posse for civil purposes, will not ultimately be objected to. That posse. I learn, (through the Governor and (colonel Jarvis, who re- turned here yesterday) has already been reduced from (say) 000 men to 150. Tho jealousy of the Provincial Government, 1 lenrn from Sir J. Caldwell, is almost entirely confined to the Madawaska settlement north of the river St. John, and a smaller one on the opposite bank of the same river ; both of which have always been under British jurisdiction. And here, to correct misapprehensions, it is proper to remark, that there io a little Madawaska river, which fulls into the Aroostook near its mouth. It is there that Colonel Jarvis has recently erected u work of logs, which is called Fort Fairjhdd. There is no truth in the rumor, as I am assured both by Colonel Jarvis nnd Sir J. Caldwell, that the Hritish are engaged in fortilying Mars liill. Sir John Harvey has not marched a man into the disputed territory on this side of tho St. John's, nor probably on the other, consecpiont on any recent movement on the pari of this State. I am still persuaded that it is better for me to remain lieie, than to go to Hancock barracks; but shall be ready to f)roceed thither the moment that it may be thought useful to do so. In that case, letters would follow me hence. I entertiiin the hope that a close approximation will be efiected between Maine and the Province of New Dninswick on all the temporary and minor points, so as to leave the great cpiestioii, without further embarrassment, to be settled between the Governments of the United States and Great Britain. I had the honor to receive last night your letter of the 8ih instant, and immediately laid it before Governor Fairfield, who was as much gratified with its courtesy towards him as with its contents. Ihave thehonor to remain, sir, with hii{h respect, your most obedient servant, WLNFICLD SCOTT. Hon. J. R. Poinsett, Secretary of War. No. 7. War Departmicnt, March 19, 1S30. General : I have the honor to acknowledge tho receipt of your inter- esting and satisfactory communications of the Uili and 13th instant, and their enclosures. Very respectfully, your most obedient servant. .1 Major General Winfield Scott, Augusta, Maine. J. K. POINSETT. ) Doc. No. 169. # :* ' No. 8. ' • HlSAD4lUARTf!:n!«l, KasTKRN DlVtRION, Auf^nsta^ Maine ^ Mtinh IT), \i?[]0. Sir : To my semi offici.-il note of tho Uih instant, ndilresstd lo Sir John llarvoy, 1 liuve, wiih extruordin;iry [irompliiess mid rnpidily, rec«'ivtd u re- ply (»l the same cfiarMC.tcr ; the terms of winch clot'Cly approximate to those which I fiad, in conct-rt with Governor FairrR'ld, sujrgcsied to tiim. The K\\ me this morninq: at 11 o'eloclc. As I am on the most civil terms of communiciilion with I iieutennnt Colonel Max- well, 'of the 30th ren;iinent, coinma!;diiiops of resolu- olution hasten y hope learing licathig . troops, ower to ir reply permit. B taken in the may be int, and hiced in ou may nments, as may ed from ready j Wash- partly to two keep a le little remain- der cir- he does Aroos- aarding^ [} irrita- may bo John's er shall Maine, le 12th without Sir Joha )orniy ai'' W 3. U renewed instructions from his Government;" ond there is a correspondingr proviso in the proposed declaration to be made by Governor Fairfield. 11 this proviso be struck out of one declaration, it might be omitted by the other party, it is, however, not probable that new instructions would be given by your Government, or the Legislatn e of Maine, to disturb the proposed temporary arrangement pending negotiations. I cannot, ray dear sir, believe, if we can succeed in preventing bloodshed at present about this boundary question, that it will bo possible to get up "a national war" between us. There is no such desire on the part of the Government or people of the United States ; on the contrary, a wish to preserve peace with Great Britain is almost universal with us, and is, I am, sure, reciprocated on the other side of the Atlantic. 1 have had pleasure in meeting here our old friend. Sir John Caldwell. He has done much good to both countries by his conciliatory sentiments and manners. Long as 1 have delayed writing, under the circumstances intimated above, I have at last to write in haste, omitting much that 1 had wished to say of a personal character for some early occasion. In the mean time, &,c., &-c., (fcc, WINFIELD SCOTT. Major General Sir John Harvey. i^'c, i5*c-, «-5'<^« No. 10. Headquarters, Eastern Division, Augusta., (Maine,) March 26, 1839. Sir: I have the happiness to enclose, herewith, two copies of the ar- rangement entered into, through my agency, between the Governor of Maine and the Lieutenant Governor of the Province of New Brunswick. Not having time to cause the papers to be copied for the morning's mail, I take the liberty to send them in the printed form, as cut from newspapers, and add, that each bearing the signature of Governor Fairfield, Sir John Harvey, or myself, is correctly printed. The copy of my official note to Sir John Harvey, with his acceptance of the arrangement, is in the hands of the Governor of Maine; and another copy of tfie same official note, followed by the acceptance of the Lieutenant Governor and the Governor, was yesterday transmitted by me to Sir John Harvey. At the same time I sent him copies of two orders which were yesterday issued by the Governor of Maine : the first disbanding the 1,000 detached militia wiiich had been held in reserve at this place ; and the second recalling the military force of the State from the dispiUed territory, and di- reeling the organization of the civil -posse that is to be held by the State in that territory. The papers so transmitted, and which bore the signature of the Governor of Maine, or that of his adjutant general, were officially eerti fied by me. I trust that the arrangement between the Governor and the Lieutenant Governor, together with my humble agency in bringing it about, will be satisfactory to the President and the department. The arrangement, 1 have no doubf| will be executed by the parties to it in good faith, and in cheer fulness. I shall set out to-morrow for Elizabethtown, New Jersey, and, should the state of the Canada frontiers permit, may proceed to Washington, as I think 16 Doe. No. 169. I' i it is in my power to make certain oral communications to the department, which may be considered interesiinjr. ' i-l have the honor to remain, with high respect, your obedient servant, ^' WINFIELD SCOTT. Hon. J. R. Poinsett, Secretary of War. >*> I.-',).:'. i-j 01 iy*^. ii-. Headquarters, Eastern Division, U. S. Army, r Augusta, Maine, March 21, 1839. The undersiffned, a major general in the army of the United States, being specially charge d with maintaining tlie peace and safety of their en- tire northern and eastern frontiers, having cause to apprehend a collision of arms between the proximate forces of New Brunswick and the State of Maine, on the disputed territory which is claimed by both, has the honor, in the sincere desire of the United States to preserve the relfitions of peace and amity with Great Britain — relations which might be mnch endangered by such untoward coihsion — to invite from his excellency iMajor General Sir John Harvey, Lieutenant Governor, «fcc., &c., a general declaration to this effect : That it is not the intention of the Lieutenant Governor of her Britannic Majesty's Province ot New Brunswick, under the expected renewal of ne- gotiations between tlic cabmets of London and Was^iington, on the subject of the said disputed territory, without renewed instructions to that effect from his Government, to seek to take military possession of that territory, or to seek by military force to expel therefrom tlie armed civil posse or the troops of Maine. .n,. Should the undersigned have the honor to be favored with such declara- tion or assurance, to be, by him, communicated to his excellency the Gov- ernor of the State of Maine, the undersigned does not in the least doubt that he would be immediately and fully authorized by the Governor of Maine to communicate to his excellency the Lieutenant Governor of New Bruns- wick a corresponding pacific declaration to this effect : That, in the hope of a speedy and satisfactory settlement, by negotiation, between the Governments of the United States and Great Britain, of the principal or boundary question between the State of Maine and the Prov- ince of New Brunswick, it is not the intention of the Governor of Maine, without renewed instructions from the Legislature of the State, to attempt to disturb, by arms, the said Province in the possession of the Madawaska settlements, or to attempt to interrupt the usual communications between that Province and her Majesty's upper Provinces ; and that he is willing, in the mean time, to leave the questions of possession and jurisdiction as they at present stand : that is. Great Britain holding in fact possession of a part of the said territory, and the Government of Maine denying her right to such possession ; and the State of Maine holding in fact possession of another portion of the same territory, to which her right is denied by Great Britain. With this understanding, the Governor of Maine will, without unneces- sary delay, withdraw the military force of the State from the said disputed territory ; leaving only, under a land agent, a small civil posse, armed or un- armed, to protect the timber recently cut, and to prevent future depredations. 1 1 J e , o P 01 re as th iti er su tei da sei Doc. No. 169. 17 Reciprocal assurances of the foreiroitiff friendly character having been, through the undersigned, interchanged, all danger of collision beiweeti the immtdiatc parties to the controversy will be at once removed, and lime al- lowed the United States and Great Britain to settle amicably the question of limirs. The undersigned has much pleasure in renewing to his excellency Major General Sir John Harvey the assurances of his ancient high consid- eration and respect. WINFIELD SCOTT. Government House, • Frederick ton, ^. B., March 23, 1839. The undersigned. Major General Sir John Harvey, Lieutenant Governor of her Briiannic Majesty's Province of New Brunswick, having received a proposition from Major General Winfield Scott, of the United States army, of which the foregoing is a copy, hereby, on his part, signifies his concur- rence and acquiescence therein. Sir John Harvey renews with great pleasure to Major General Scott the assurances of his warmest personal consideration, regard, and respect. J. HARVEY. Executive Department, Augusta , March 25, 1839. The undersigned. Governor of Maine, in consideration of ihe foregoing, the exigency fdr caUing out the troops of Maine having ceased, has no hes- itation in signifying his entire acquiesence in the proposition of Major Gen- eral Scott. The undersigned has the honor to tender to Major General Scott the as- surances of his high respect and esteem. JOHN FAIRFIELD. . No. 11. Headquarters, Eastern Division, Elizabethiown, {N. J.,) May 24, 1839. Sir: I have the honor to enclose copies of the following papers: 1. Let- ter to me from Sir John Harvey, Lieutenant Governor of New Brunswick, dated the I4th instant, with enclosures; 2. My reply of this date; and, 3, A letter from me to Governor Fairfield, of Maine, also of this date. I have the honor to remain, sir, with high respect, your most obedient servant, WINFIELD SCOTT. Hon. J. R. Poinsett, Secretary of War. 18 Doc. No. 169. Government HousR, ' FrcderkktoH. {N. li.,) May 14, 1839. My dear General Scott: Voii will, I think, be hurt and distressed at the contents of the enclosod papers. In your own chivalrous spirit, determined to show an example of good faith, which I did not allow myself to entertain a doubt would be followed by the Government of Maine, I instantly sent away the troops by wliich the Madawaska settlement was occupied. If these [jroceedin^s are persisted in, I fear I shall have to replace them, as Mr. Baker's residence, visited by the armed party from the Fish river, is actually within what is called the "upper settlement of Madawaska." I have, however, instructed Mr. Maclauchlan to withdraw within the settlement, rather than incur the risk of collision. Had Mr. Mi'Intire been present, an amicable arrangement re- gardin.i{ this vexatious timber question could, I am persuaded, have readily been entered into — and I hope still may. I am happy to say that my recent despatches from her Majesty's Govern- metit evince a disposition to come to an immediati' amicable adjustment of the question of boimdary; and you will be g^lad to hear that all my pro- ceedings down to the latest dates are hiijhiy approved. Believe me always, my dear General, with the sinccrest regard and re- spect. J. HARVEY. His Excellency Maj. Gen. Scott, <^c. P. S. My construction of the spirit of the agreement certainly was, that the armed posse of the State of Maine should confine its presence to the valley of the " Restook," leaving that of the St. John undisturbed. J. H. Six miles below Fish River, 10 o'clock P. M., Saturday, May 1 1, 1839. Sm : Since I had the honor of addressing you yesterday, and transmit- ting a letter which I received from the officer in charge of the American armed posse at the Fish river, I have had occasion to take the depositions of Messrs. Burton, Sutton, and Yerxa, touching the proceedings of the armed posse, and which I now beg to enclose for the information of his ex- cellency the Lieutenant Governor ; and at the same time to state, that the posse under Captain Nye had returned up the Fish river a few hours pre- vious to my passing it. Mr. Burton is tl)e bearer of this despatch; and as I have fotind him ex- ceedingly vicfilant in the performance of the duties required of him by me, 1 have to reqnest that his excellency will be pleased to allow him to return with the least possible delay. I have the honor to be, &c., JAMES A. MACLAUCHLAN, Warden of the disputed territory. Captain Tryon, Private Secretary, ^c. # Doc. No. 1C9. 19 i \Vi!'''\m James Hiirton, of llio parish of I'rrdcrioklon, and comity of York, '.!• MUtv surveyor of crown lauds, and Sf-izini^oiliccr, iii;d;(!tnenls for the hitter secii....^ tiin!)er Ixilow the (Jrand rivi^r; when about ci<,dit miles UAow IJIacIc river, met a paity of about thirty men — some in canoes, and others walkiiiif on the shore, carry- inu^ fire arms, proceedini^ up the river, and appiireiitiy headed iiy John Ba- ker of Ahidawaska ; that your de|)onent, accompanied by Mr. Sutton, on seeiuff the canoes land, proceeded to tfie shore to ascertain wlio they were. On laiidiiifj-, found the [)arty to be Americans, under the command of Cap- tain INye ; about eighteen of the party, this deponent believes, were arir.ed with muskets and rifles of Annnican manuCacture, with fixed bayonets. Captain Nye stated tJiat he was jjoing up to see Mr. Maclaucfilan, and had written to him a short time previous, and lliat fie tfiou Aroostook as tar ns (J rand and I'lsli rivers, and even vImIjcI IJakrr's sciilctnt'ht, noitli of the St. Jolin. lias Ixu-n in daiiircr of a collision with a similar pariy employed on u similar service hy that I'rovmce. The Lieutenant Ciovernor reminds mo tlint, confidnii: in the; arranjje- mont reeenily entered into, hy my nireney, lietu'e(!n the JStalc of Mame and the I'rovinceot New llriniswiek, respeclnii: tla; said teriitory, he '• insi.mtly sent a .vay the troops hy which the >ladawaska settlement \\';\^ oecnpied. If these proceed in