llilii!iiiiSi;i!iiilliJllil|ii^ 25th Congress, [ Doc. No. 12G. ] Ho. ov Rkps. 2(1 Session. Executive. c y /<,W *<^/ tw. MAINE BOUNDARY— MR. GREELY, .^-c. Ix Tiir. House of Kf.prksf.ntatives U. S., February 19, 1838. On motion of Mr. Evans, of Maine, it wa.? Ch-dered, That there bo printed, for the use of the members of the House, three thoiisand copies extra of the message of the President of the United States of the 29th .I;muary ultimo, transmit- ting Information called for by the House on the 9th of January, in relation to the imprisonment of Mr. Greely, a citizen of the United States, by the British authorities of the Provinco of New Brunswick, and the documents accompanying the same ; as also, of all the documents and papers therein referred to. MESSAGE THE PRESIDENT OF THE UNITED STATES TKANSMITTING TTie information required by a resolution of the House of Representa- tives of the 9th instant, in relation to the Imprisofimcnt of Mr. Gree- ly, at Frcderickton, in the British Province of New Brunswick, ^^c. January 29, 183S. Postponed until Thursday next. To the House of Representatives of the United States: I herewith communicate to the House of Representatives a report from the Secretary of State, with accompanying documents, in answer to their resohition of tlie 9th instant. Washingtox, January, 1838. M. VAN BUREN. Department of State, JVashington, January 25, 1838. To the Pj'esident of the United States : The Secretary of State, to whom has been referred a resohition of the House of Representatives, dated the 9th instant, requesting the Presi- dent to communicate to that body "what measures, if any, have been taken by tlie Executive for the release of Mr. Greely, a c'itizcn'of Maine, now imprisoned in the provincial jail of New Brunswick, at Fred- irickton, for an alleged violation of the jurisdiction of said Province over he territory clai med by the British Government ; and, also, to commuin- 'bomas Allen, print. I Doc. No. 126. ] cate any corresponck-iice \Cliich tHieVExrcutivc department may have had Jritish ^veiwi'ij|i'^t*or ihir J^xe(^ative of Ma jcct of «a-id'~6T(jel^s imi>ri5;oiinu'nt, so lar as a conniiunioation of the witli the Br ainc, upon the sub- same may be deemed by liini not iueompatible with the pubhc interest ;" anii, hkewise, requestmg the President, if not incompatible witii the public interests, to conunuiiicate to that House "any correspondence or communication held between the Government of the United States and llut of Crreat Britain, at dilferent times, respecting the wardensliip, occu- [)ation, or actual possession of that part of the territory of the State of Maine which is claimed by Great Britain," has the honor to report to the Piesident the accompanying documents, which embrace the inform- ation and correspondence, not heretofore pubUshed by Congress, called for by the above-cited resolution. Respectfully submitted. JOHN FORSYTH. Copy. Extract, Copy. Extract. Copy. List of accompanying papcy^s. Governor Dunlap to President Van Buren, dated ISth Sep- tember, 1S37. Mr. Forsyth to jNIr Dunlap, 26th September, 1837. Same to ^Ir. Stevenson, I2th July, 1837. Mr. Stevenson to Mr. Forsyth, (with enclosure,) 21st August, 1S37. iSIr. Forsyth to Mr. Stevenson, 2Sth September, 1837. Mr. Stevenson to Mr. Forsyth, (with enclosure,) 22d Novem- ber, 1837. Mr. Clay to Mr. Vaughan, dated 9th January, 1829. Mr. Vaughan to Mr. Clay, 13th January, 1829. Same to Mr. Hamilton, (with enclosure,) 7th March, 1829. Mr. Hamilton to Mr. Vaughan, 11th March, 1829. Mr. Vaughan to Mr. Hamilton, 12th jMarch, 1829. Same to Mr. Van Buren, (with enclosure,) 10th April, 182.9, Mr. Van Buren to Mr. Vaughan, lltli May, 1829. Mr. Vaughan to Mr. Van Buren, Mth May, 1829. Same to same, (with enclosures,) 8th June, 1829. Mr. liankhead to Mr. Livingston, (with enclosures,) 1st Octo- ber, 1831. Mr. Livingston to Mr. Bankhead, 17th October, 1831. Mr. Bankhead to Mr. Livingston, 20th October, 1831. Same to same, (with enclosures,) 22d October, 1831. Same to same, (with enclosure,) 25th November, 1831. Mr. Livingston to Mr. Bankhead, 2Stli November, 1831. Sir Charles R. Vaughan to Mr. McLane, (with enclosures,) 20th October, 1833. Mr. McLane to Sir Charles R. Vaughan, 23d October, 1833. Sir Charles R. Vaughan to Mr. McLane, (with enclosures,) 17th Decemlier, 1833. Mr. McLane to Sir Charles R. Vaughan, (with enclosures,) 21st December, 1.S33. Sir Charles R. Vaughan to Mr. McLane, 23d December, 1833. Same to same, (with enclosures,) 2Sth February, 1834. Mr. McLane to Sir Charles R. Vaughan, 4tli March, 1834. [ Doc. No. 126. ] 3 Memorandum of papers heretofore puhlisJicd, connected with Northeast- ern boundary qucslion. Senate documents. 1st session 20th Congress, Nos. 130, 171. 1st session 24th Congress, No. 414. House Documents. 1st session 20th Congress, Nos. 217, 213.* 2d session 20th Congress, No. 90. ndary- 2d session 2od Congress, No. G2. -)y terJf 2d session 2 1th Congress, No. 125. '"'••'jnftf 1st session 25th Congress, No. 31, 9d session 25th Congress, Nos. 73, 74. The Governor of Maine to tJie President of the United States. State of Maine, Executive Department, September 18, 1837. Sir : I lose no time in advising your exceUency that Ebenezer S. Greely, Esq., a citizen of this State, Avhile employed within its limits, and under its autliority, in taking an enumeration of the inhabitants of the county of Penobscot residing north of the surveyed and located townships, has been arrested a second time by the provincial authorities of New Brunswick, and is now in confinement in the jail of Frederickton. It becomes my duty to request that prompt measures be adopted by the Govenmient of the United States to effect the release of JMr. Greely. I have the honor to be, ^:c. ROBERT P. DUNLAP. His Excellency Martin Van Buren, President of the United States. Mr. Forsyth to Mr. Dunlap. Department of State, Washington, September 26, 1837. Sir : I have the honor, by direction of the President, to acknowledge the receipt of the letter addressed to him by your excellency on the ISth instant, advising him that Ebenezer S. Greely, Esq., a citizen of Maine, while employed within its limits, and under its authority, in taking an enu- meration of the inhabitants of the county of Penobscor, has been arrested a second time by the provincial authorities of New Brunswick, and is now in confinement in the jail at Frederickton : and requesting that proinpt measures be adopted by the Government of the United States to cll'ect the release of Mr. Greely. I hasten to assure you, in reply, that Mr. Stevenson, tlie minister of the United States at London, will be immediately instructed to renew his ap- • No. 218 relates exclusively to the North Western boundarj', and is not included in tliis collection. 4 1 Doc. No. 126. ] plication to the British Liovcrnuicnt for the release of Mr. Grecly ; and that tlie rosuh, wlien obtained, and conimuiiicatcd to tliis Department, will be made known to your expellency without mmecessary delay. Information was given at an early day to the Executive of Maine of the informal arrangement between the United States and Great Britain in re- gard to the exercise of jurisdiction within the disputed territory ; and the Presideiu's desire was then expressed, that the Government and people of that Slate would co-operate with the Federal Goverimient in <"occu-ig It into elFect. In the letter addressed to your excellency from'.;ite o'^c- j)artment on the 17tli ultimo, you were informed of the continuo-i.v.c of thai arrangement, and of the reasons for it. I am now instructed by the President (who uidulges the confident expectation that the Executive of Maine will still see, in the gravity of the interests involved, a suflicient motive for his cordial concurrence in an arrangement which offers the best prospect of an amicable and satisfactory adjustment of the general ques- tion of boundary) to request your excellency's co-operation in the con- ciliatory course adopted by the two Governments ; an adherence to which seems the more important at this time, from the consideration that an an- swer to the President's last proposition is daily looked for ; and to renew to you the assurance that no efforts shall be spared, on his part, to bring the negotiation to a speedy conclusion. I have the honor to be, &.c. JOHN FORSYTH. His Excellency Robert P. Duxlap, Governor of Maine. Mr. Forsyth to Mr. Stevenson. [extract.] Department of State, JVashiugton, July 12, 1S37. Sir : I enclose an extract of a letter received at this Department from the Governor of Maine, by which you Avill perceive that a citizen of that State, named Ebenczer S. Greely, while employed, in virtue of an appointment under one of its laws, in making an enumeration of the inhal)itants, upon a part of the territory claimed as being within the limits of the State, was seized by order of the authorities of the Province of New Brunswick, on the 6th of June last, and imprisoned in the public jail of Frcderickton, where he still remains. I also transmit a copy of sundry documents relating to his arrest and detention. This outrage upon tlie personal liberty of one of its citizens has actually caused great excite- ment in Maine, and has produced an urgent appeal to the (ieneral Gov- ernment for its intervention in procuring redress for what is considered an unprovoked and unjustifiahle aggression. This arrest was made on a ])art of the territory in dis])uie between ihe United States and Great Brit- ain, and could only have been justified, in the existing state of that con- troversy, ])y. some plain infringement of the understanding which exists between tiie parties, that, until the settlement of the question of right, there shall be no extension of jurisdiction on either side within the dis- [ Doc. No. 126. ] 5 puted limits. It is not perceived how the simple enumeration of the in- habitants, about which Mr. Greoly was enii)loyed, could be construed as a breach of that understanding ; and it is expecled that the Government of Great Britain will promptly mark its disapproval of this act of vio- lence committed by the provinci;il authorities, so inconsistent with those amicable feelings under which the negotiation respecting the controverted boundary has been hitherto conducted, and so essential to bring it to a happy termination. You are directed, immediately upon the receipt of this despatch, to bring the subject to the notice of his Majesty's Govern- ment, and to demand, as a matter of justice and right, the prompt release of Mr. Greely, and a suitable indemnity for his imprisonment. Andrew Stevenson, Esq., <§*c. List of papers sent loith ilie preceding despatch. Extract of letter from Governor Dunlap to Mr. Forsyth, (with two enclosures,) dated July 3, 1837. Copy of letter from same to same, (with two enclosures,) dated June 27, 1837. Mr. Sleverison to Mr. Forsyth. [ EXTRACT. ] Legation of the United States, London, August 21, 1837. Sir : I received, by the last packet to Liverpool, your despatch of the 12th July, (number 21,) transmitting copies of the documents and corre- spondence in relation to the arrest and imprisonment of Mr. Greely, a citizen of Maine, by the authorities of New Brunswick. In pursuance of your instructions, I lost no time in presenting the sub- ject to the consideration of the Government, and herewith transmit to you a copy of my note to Lord Palmerston, to which no answer has yet been received. You will see that I waived for the present the discussion of the question of right and jurisdiction, and contented myself with presenting the facts of the case, and demanding the innnediate release of ]Mr. Greely, and indem- nity for the hijuries which he had sustained. Mr. Stevenson to Lord Palmerston. The undersigned, envoy extraordinary and minister plenipotentiary from the United States, has the honor, in pursuance of instructions from his Government, to transmit to Lord Palmerston, her Majesty's principal Secretary of State for Foreign AlTairs, copies of sundry official documents, detailing the circumstances under which a most unwarrantable outrage lias recently been committed by the authorities of the Province of New Brunswick upon the rights and liberty of a citizen of the United States. From these papers it appears that Ebenezer S. Greely, a citizen of the State of Maine, was duly appointed for the purpose of taking an enumera- tion of the inhabitants of that State, by an act of its Legislature ; that on the Gth of June last, whilst ]\Ir. Greely was engaged in performing this duty, and taking down the names of the inhabitants residing in that 6 [ Doc. No. 126. ] part of the dispufed territory claimed by the United States as lying within tlie limits of Maine, he was forcibly arrested by the antiiorities of New Brunswick, immediately transported in custody to the town of Frederick- ton, and imprisoned in the jniblic jail, whore lie still remains. This pro- ceeding by the authorities of New Brunswick having produced, as might justly iiavt^ been expected, very deep excitement in Maine, was fol- lowed by an innncdiate appeal Irom the Governor of that State to the GovernuKMit of the United States for intervention and redress. This application on the part of Maine having received the special con- sideration of the President, the undersigned has been instructed to lose no time in presenting the subject to the early and earnest attention of her Majesty's Government, and demanding. n«it'only the immediate liberation of Mr. Grcelyfrom imprison;neiit,but indemnity for the injuries that he has sustained. In fultilHng tlicsc instructions of his Government, it is not the purpose of the undersigned to open the general discussion of the respective claims of Great Britain and the United States to the disputed territory, (within which Mr. Greely \vas arrested,) or the right of either Government to ex- ercise jurisdiction within its limits. Whatever opinion the undersigned may entertahi as to the rightful claim of the State of Maine to the terri- tory in dispute, and however unanswerable he may regard the argu- ments by which the claim may be sustained, he deems it neither proper nor needful to urge them upon the consideration of her Majesty's Govern- ment in the decision of the present case; more especially as" the whole subject is elsewhere, and in another form, matter of negotiation between the two Governments, where the discussion of the question of right more appro- priately belongs. The undersigned, moreover, docs not presume that pond- ing the negotiation, and whilst efforts are making for the peaceable and final adjustment of these delicate and exciting questions, her Majesty's Govern- ment can claim the right of exclusive jurisdiction and sovereignty over the disputed territory, or the persons residing within its limits. In such a claim of power on the part of Great Britain, or its provincial authorities, the undersigned need not repeat to Lord Palmerston, (what he is already fully apprized of,) the Government of the Uniti.'d States wui never consent to acquiesce in tlie existing state of the controversy. On the contrary, the mutual understanding which exists between the two Govemmenls on the subject, and the moderation which" both Governments have heretofore manifested, forbid the exercise by either of such high acts of sovereign power as that which has been exerted in the present case by the author- ities of her Majesty's provincial Government. The undersigned nmst, therefore, suppose tluit this arrest and imprison- ment of an American citizen, under such cirrunjstancos,and in the existing state of fho controversy, could only have been justified by some supposed infringementof the understanding existing between the parties, in relation to the question of jurisdiction within the disputed territory. Such, however, was not the case. The correspondence! between the Governor of Maine and the Lieutenant Governor of New Briniswick .shows that the only act done by Mr. Gnn-ly was the sinqile emnneration of the inliabitanfs; and it is not perceived howsucli an act could l)e construed into a breach of the understanding lietween the two Govermnenls. It is projx-r also to remark, that this was not the first time that the in- habitants within this particular settlement had been enumerated under the authority of the United States; it was done in the census of 1S20, (as a f Doc. No. 126. J 7 portion of the State of Maine,) and was, at the time, neither o])jcctcd to nor remonstrated against by the British Government or that of New Brunswick. Wlierever,then, the right of jm-isdiction and sovereignty over this terri- tory may dwell, liie undersigned feels satisfied that her Majesty's Govern- ment cannot fail to perceive that the arrest and imprisonment of Mr. Greely, under the circumstances of the case, was not only a violation of the rights of the United States, bat was wholly irreconcilable with tliat moderation and forbearance which it is peculiarly the duty of both Gov- ernments to maintain until the question of right shall be definitively settled. It becomes the duty of the undersigned, therefore, in pursuance of spe- cial instructions from his Governmem, to invite the early and favorable consideration of her Majesty's Government to the subject, and to demand, as a matter of justice and right, the immediate discharge of Mr. Greely from imprisonment, and a suitable hidemnity for the wrongs he has sus- tained. Before closing this note, the undei-signed will avail himself of the occa- sion to remind Lord Palmerston of the urgency which exists for the im- mediate and final adjustment of this long-pending controversy, and the increased obstacles which will be thrown in the way of its harmonious settlement by these repeated collisions of authorit]-, and the exercise af exclusive jurisdiction by either party within the disputed territory. He begs leave, also, to repeat to his lordship assurances of the earnest and unabated desire which the President feels that the controversy should be speedily and amicably settled, and to express the anxiety with which the Government of the United States is waiting the promised decision of her Majesty's Government upon the proposition submitted to it as far back- as July, 1836, and which the undersigned had been led to believe would long since have been given; and he has been further directed to say, that, should this proposition be disapproved, the President entertains the hope that some new one, on the part of her Majesty's Government, will imme- diately be made for the final and favorable termination of this protracted and deeply-exciting controversy. The undersigned begs Lord Palmerston to receive renewed assurances of his distinguished consideration. A. STEVENSON. 23, Portland Place, Jlugiist 10, 1837, Mr. Forsyth to Mr. Stevenson. Department of State, JVa^hingioJi, September 28, 1837. Sir : You will receive, herewith, the copy of a note dated the ISth in- stant, recently received by the President from the Governor of jNIaine, who alleges that Ebenezer S. Greely, Esq., a citizen of that State, while employ- ed within its limits, and under its authority, in enumerating the inhabitants of Penobscot county, has been again arrested and imprisoned by the pro- vincial authorities of New Brunswick; and requests that speedy measures be adopted by the Government of the United States to procure the release of Mr. Greely. Governor Dimlap has been assured, by the President's direction, that 8 [ Dor. X<>. 1-26. ] steps would be immediately taken to ellect that object; and you are ac- cordingly instructed, on the receipt of this despatch, to brhig the subject, without delay, to the attention of the British Secretary of State for For- eign Alfairs. You will remonstrate, in a respectful but earnest manner, against this second violation of the rights of Maine, in the person of her agent, and demand the proni})t release of ]Mr. Greely, with such additional indenujiliealion as the nature of the outrage calls for. I am, &.C, JOHN FORSYTH. Andrew Stevj;xson, Esq., ^'c. Mr. Stevenson to Mr. Forsyth. [extracts.] Legation of the United States, London, November 22, 1S37. " On my return to London, after an absence of a few weeks, I found your despatches, Nos. 26 and 27, under date of the Stli and 2Sth of Sep- tember. In pursuance of your instructions, I addressed an oflicial note to Lord Palmersion on the subject of the second arrest and imprisonment of Mr. Greely by the provincial authorities of New Brunswick ; a copy of which I have now the honor of transmitting to you." " No answer has yet been received to my first note ; but I presume a decision of the case maybe soon expected." Mr. Stevenson to Lord Pal7nerston. The undersigned, envoy extraordinary and miiiister plenipotentiary from the United Stiites, had the honor, on the 10th of August last, of ad- dressing to Lord Viscount Palmerston, her Majesty's principal Secretary of State for Foreign Alfairs, an official note complaining of the arrest and imprisonment of Ebenezer S. Greely, a citizen of the United States, by the provincial authorities of New Brunswick, and demanding, by or- der of his Government, the immediate release of Mr. Greely from impris- onment, with suitable indemnity for the wrongs he had sustained. To this communication, a note was received from his lordship, under date of the 22d of the same month, in which an assurance was given that an early answer to the complaint might be expected. No answer, however, has yet jjcen received ; and it is with unfeigned regret that the undersigned finds himself constrained in again inviting the attention of her Majesty's Government to the subject, to accompany it with another com- plaint of a second outrage committed, by the authorities of New Bruns- wick, upon the riglits and liberty of this individual. From recent information received, it ajipears that shortly after the first arrest and imprisonment of Mr. Greely, he was, by the orders of the Lient(;nanl Governor of New lirunswiek, released from confinement, but was inuiK.'diately thereafter again taken into custody l)y his authority, and reronnnitted to the jail of Fn^deriekton, where he is now detained. This fact iiaving been conmuuiicated by the Governor of INIaine to the Presi- dent of the Uni\ed States, (in an oificial communication setting forth the [ Doc. No. 126. ] 9 circumstances under which it was done, a copy of which is herewith trans- mitted,) the undersigned has received the special instrnctions of his Gov- ernment to bring the subject, without delay, to the notice of her Majes- ty's Government, in order that immediate steps may be taken for the lib- eration of Mr. Greely, and indemnity made for the injuries he has suf- fered. Having, in the first note which he had the honor of addressing to Lord Palmerston, stated the grounds upon which the release of this individual was demanded, and the expectations of his Government in relation to the subject ; and having waived the discussion of tlie questions of right and jurisdiction, which he still intends doing, it will not be needful to do more on this occasion than express to his lordship the painful surprise and re- gret with which the President has received information of this second out- rage on the part of the authorities of New Brunswick ; and to repeat the assurances heretofore given, that such proceeding can be regarded in no other light than a violation of the rights and sovereignty of the United Stiites, and entirely irreconcilable with that mutual forbearance which it was understood would be practised by both Governments pending the negotiation. The circumstances under which these recent attempts to enforce juris- diction have been made, show that, in the most favorable aspect in which they can be regarded, they were wholly indefensible. The act for which Greely was arrested and imprisoned, so far from having been committed within the acknowledged dominions of the British Crown, and beyond the hmits of the disputed territory, and therefore liable to be treated as a violation of territorial jurisdiction, took place, as appears by the statement of the Governor of Maine, whilst he was employed within theiimits of that State, and under its authority, in enumerating the inhab- itants of the county of Penobscot. By what authority, then, the provincial Government of New Bruns- wick felt itself justified in exercising such acts of sovereign power, the undersigned is at a loss to conceive — unless, indeed, upon the ground that the jurisdiction and sovereignty over the disputed territory, pending the controversy, rests exclusively with Great Britain. If such should turn out to be the fact, it can hardly be necessary again to repeat the assuran- ces which have been heretofore given, that, in any such claim of power, the Government of the United States cannot acquiesce. Upon the consequences Avhicli Avould unavoidably result from attempt- ing to exercise such jurisdiction, it is needless to enlarge. It must now be apparent that all such attempts, if persevered in, can produce only feuds and collisions of the most painful character ; and, besides increasing the feelings of international discord which have already been excited between the contending parties, they will close every avenue to an amicable adjust- ment of a controversy which it is so much the desire and interest of both Governments to accomplish. Ought it not, then, to be the earnest endeavor of the two Governments to avoid doing any thing which can have a ten- dency to lead to such mischievous consequences ? It is under this view of the subject that the undersigned has been instructed again to remonstrate against these proceedings of the authorities of New Brunswick, as a violation of the rights of Maine, in the person of her agent; and to protest in the most solemn manner against the future exer- cise of all such acts of jurisdiction and sovereignty over the disputed terri- 10 [ Dor. No. 126. J tory, or the citizens of the United States residing within its limits, until a filial adjustment ot' the controversy takes place. TIk^ undcrsiufned, therefore, cannot and oiiirht not to close this note without aL-^ain invoking (he early and earnest attention of Lord Palmerston and tliat of her IMajesty's Government to this painful subject. It is one of deep and mutual interest to the parties concerned, and the delicacy and embarrassments which surround it are justly appreciated by the Government of the Unhed States. Deeply regretting, as that Govern- ment does, the collisions of autliority to which both countries have been so repeatedly exposed by the dekay tiiat has taken place hi the final settle- ment of the main question, it is sincerely desirous, as tlie undersigned has taken occasion repeatedly to assure l^ord Palmerston, to liave it brought to a speedy and amicable termination. This can only be done by meas- ures of mutual forbearance and moderation on the part of both Govern- ments. To this end the eftbrts of the American Government have been earnest, persevering, and constant. It has done, as it will continue to do, every thing in its power to induce the State of Maine to pursue a course best calculated to avoid all excitement and collision between the chizens of tiiat State and the inhabitants of New Jh'unswick, or which would tend in any manner to embarrass the mediatorial action of their two Govern- ments on the subject ; but it cannot be expected, if the authorities of New Brunswick still persevere in attempting to exercise jurisdiclion over tlu^ disputed territory, by the arrest and imprisonment in foreign jails of citi- zens of Maine, for performing their duty under the laws of their own State, and within what is believed to be her territorial limits, that meas- ures of retaliation will not be resorted to by Mahie, and great mischief ensue. Indeed, under existing circumstances, and hi the nature of human con- nexions, it is not possible, should such a course of violence be continued, to avoid collisions of the most painful character, for which the Government of the United States cannot be responsible, but which both Governments would equally deplore. It was doubtless with a view of guarding against these consequences that tlie understanding took place that eacli Government should abstain from exercising jurisdiction within the limits of the disputed territory, pending the setdement of the main question. The undersigned, therefore, persuades himself that these proceedings of the Colonial Government may have taken place without a careful exam- ination of the important questions involved in them, or the consequences to which they might lead, rather dian under instructions from her Maj(^sty's Government, or with a deliberate view of asserting and en- forcing territorial and jurisdictional rights over the contested territory. In looking back, as he does, with satisfaction, to tlie conciliatory spirit in which tho negotiation has heretofore been conducted, and the modera- tion wliich both Govermnents have observed, the undevsigncd cannot per- mit liimself to douI)t but that, upon a careful review of the whole subject, lier Majesty's Government will see fit not only to mark with its disappro- batidn this l;ist ju-ocf-ediuLi: of her Colonial Government, and direct the imnMidiaie liberation of Mr. Greely from imprisonment, with ample in- demnity for the wrongs he may have sustained, but that it will see the propriety of giving suitable instructions to the authorities of New Bruns- wick to abstain, for the future, from all acts of that character, which can liavc no other tendency than to increase the excitement and jealousies [ Doc. No. 126. ] 11 which ah'cady prevail, and retard the final and amicable adjustment of this painful controversy, The undersigned requests Lord Palmerston to accept assurances of his distinguished consideration. A. STEVENSON. 23 Portland Place, November S, 1837. Mr. Clay to Mr. Vanghan. Department of State, Washington^ January 9, 182 9. Sir: I have this day received a letter from the Governor of the State of Massachusetts, transmitting an extract from a letter addressed hy Geo. W. Cofiin, Esq., land agent of Massachusetts, to his excellency, a copy of which is lierewith communicated, and to which I request your immediate and particular attention. It appears from this document that " mills are now er 2ting on the grant formerly made to General Eaton, on the Aroostook riv , for the avowed purpose' of getting their supply of timber from our for ts ;" that the pro- prietor of these mills " says he has assurances from th authorities of New Brunswick that he may cut timber without hindran j from them, provi- ded he will engage to pay them for it if they succeed in obtaining their right to the territory;" "that mills are also erected at Fish river, and, to supply them, the growth in that section is fast diminishing ; and that the nrhabitants of St. John's river obtain from the Province of New Bruns- wick permits to cut on the Crown lands. But it is evident that many hav- ing such permits do not confine themselves to Crown lands ; for, in my travels across the interior country, logging roads, and the chips where timber had been hewn, were seen in every direction ; also many stumps of trees newly cut." I need scarcely remark, that the proceedhigs thus de- scribed are in opposition to the understanding which has existed between the Governments of the United States and Great Britain ; that, during the pendency of the arbitration, which is to settle the question of boundary, neither party should exercise any jurisdiction, or perfoiTU any act on the disputed territory, to strengthen his own claims, or to alfect the state of the property in issue. The Governor of Massachusetts observes in his letter to me, that, "in relation to the lands on Fish river, it must be recol- lected that the survey of a road by the joint commissioners of Massachu- setts and Maine, a short time since, was made matter of complaint by the British minister resident at Washington, on the express ground that the territory was within the scope of the dispute. From courtesy to his Govern- ment, and a respectful regard to a suggestion from the Department of State, the making of the road Avas suspended." The Governor justly concludes, "but it will be an ill requital for this voluntary forbearance on oin- part, if the land is to be plundered of its timber, and the value of the property destroyed before it shall be determined that it does not belong to us." If the Government of New Brunswick will authorize or countenance such trespasses as have been stated by Mr. Cofiin, on the disputed territory, it cannot be expected that the State of Maine will abstain from the adoption of preventive measures, or from tlie performance of similar or other acts of jurisdiction and proprietorship. The consequence would be immediate and disagreeable collision. To prevent this state of things, I am directed by 12 [ Doc. No. 126. ] the President again to demand, through you, ihe cfTectual interposition of tlie IJritisii GoviTiinient ; without tliat, the friendly, if not the peaceful, re- lations hetweon the two countries, maj-- ho interrupted or endangered. I request your acceptance, on this occasion, of assurances of my distin- guished consideration. HENRY CLAY. Right Hon. Charles R. Vaughan, «§'C. Mr. J'^aughan to Mr. Clay. Washington, t/tf/it^t/;'^/ 13, 1S29. The undersigned, his Britannic Majesty's envoy extraordinary and minister plenipotentiary, has the honor to acknowledge the receipt of Mr. Clay's note, containing a representation wliich has been made by his excellency the Governor of the State of Massachusetts, respecthig the cutting down of timber upon the disputed territory in the Province of New Brunswick. The undersigned will immediately transmit a copy of Mr. Clay's note to His Majesty's Lieutenant Governor of New Brunswick, in order to ob ain an explanation of the transaction which has given rise to the re- monstrance made by the Governor of Massachusetts. The undersigned takes this opportunity of renewing to the Secretary of State the assurances of his highest consideration. CHS. R. VAUGHAN. Hon. Henry Clay, ^-c. Mr. Vaughan in Mr. Hamillon. Washington, March 7, 1S29. The undersigned, his liritannic Majesty's envoy extraordinary and minister plenipotentiary, had the honor to receive from the Secretary of State of the United States a note dated the .0th January last, containing a representation made by his excellency the Governor of Massachusetts, respecting some trespasses committed on the disputed territory in the Province of New Brunswick. A ropy of the note of the Secretary of State having been transmitted to Sir Howard Douglas, liis Majesty's Lieutenant Governor of that Prov- ince, tlie inulersiirned has lately received an answer, which he has the honor to comnumicate to Mr. Hamilton, by enclosing an extract of his exc(!llency's Iftter ; wjiich shows, in tlio most satisfactory manner, that so far from the proceedings comi)lained of by the Governor of IVIassa- chusetts liaving been authorized or countenanced in any shape by the Government of New Brunswick, every precaution has been taken to pre- vent and restrain depredations in the disputed territory. Mr. Hamilton will see, by the enclosed letter, that Sir Howard Douglas has sent a nviLMstrate to report upon the mills which have been estab- lished without license or authority ; to inspect minutely the stations of the cutters of lumber, and to seize any timber brought into the acknowl- edged boundaries of New Ihunswick from the disputed territory, and to hold the proceeds of the sale of it for the benefit of the party to whom that territory may be ultimately awarded. A.S the time is approacliing when Sir Howard Douglas will be absent [ Doc. No. 126. ] 13 from his Government, he will leave injunctions strictly to observe the understanding between the two Governments during his absence. Tlic undersigned lias great satisfaction in being able to oiler to the Governmcntof the United States the unequivocal testimony contained in the enclosed letter from Sir Howard Douglas, of the conciliatory spirit in wliich the Government of New Brunswick is administered; and, trusting that a similar spirit will animate the Government of the American States which border on that Province, he confidently anticipates a cessation of that excitement which has unfortunately prevailed in the neighborhood of the disputed territory. The undersigned takes this occasion to offer to Mr. Hamilton the as- surances of his high consideration. CHARLES R. V AUG HAN. James A. Hamilton, Esq. S,'C. Extract of a Icttei^ from Sir Howard Douglas, dated Frederickton, February 11, 1829. I refer your excellency to a report from the commissioner of Crown lands, upon the subject contained in Mr. Clay's note of the 9th January, by which you will perceive that the depredations which are stated to be committed in the disputed territory are in no way authorized or counte- nanced by this Government; on the contrary, I assure your excellency that there is no color of authority for such proceedings, and that every precaution has been adopted to restrain and prevent them. This appears, indeed, to be admitted by Mr. Coffin, in the extract which accompanied your despatch, in which that gentleman observes and admits that this Govermnent is not chargeable with the depredations in the disputed terri- tory which he mentions. In order that your excellency may have full, circumstantial, and recent information upon this subject, I have despatched a magistrate of the county, a gentleman in whose prudence and discretion I place the firmest reliance, with instructions to inspect minutely all the lumber camps any where near the line, and likewise to report fully upon the mill establisli- ments mentioned in Mr. Coffin's report, none of which have been made under any authority from this Government ; and this gentleman's report will state all the circumstances and transactions resulting to and car- ' lying on near those mills, and by what description of persons. Having made this inspection, this gentleman will be directed to remain in the upper part of the country, with orders to enforce the strictest ob- servance of the instructions I have already given to seize any timber that may be brought into the acknowledged boundaries of this Province from the disputed territory. All such seizures will be prosecuted to condemnation in the supreme coiu't, as I have already stated, and the proceeds of such sales held in trust for the benefit of that party to which an award of right may bo made. I shall leave the strictest injunctions that every possible precaution be adopted to ensure a rigid observance of the understanding which exists be- tween the tv/o Governments on this head ; and if Viwy other precaution sug- gest itself to your excellency as proper and necessary to be observed, your transmission of it to the lofficer administering this Government will be strictly attended to. The report from Mr. Maclauchlan, the magistrate whom I am about to 14 [ Doc. No. 126. ] despatch on this ckity, will probably reach your excellency in about three ;i weeks after this communication. I have, &c. HOWARD DOUGLAS. The Right Hon. C. R. Vaughan, S,-c. DEPARTiMENT OK CrOWN LaNDS AND FoRESTS, February/ 11, 1829. Sir : Having perused the extract of a despatch from G. N. Coffin, land agent for the State of Massachusetts, to Governor Lincohi, dated Boston, December S, 1S2S, I have the honor to inform your excellency that no person has received authority of any kind from me to cut timber on the disputed territory ; and, with regard to the mills mentioned in the despatch above alluded to, I am not aware that tliereare any mills on the Restook, as no authority has been given by this Department for their erection, or supply of timber. The mills on Fish river were built by Messrs. Wilmotand Peters, with- out, however, any authority from Government, and no grant ever passed for the land. They are now in possession of two American citizens, by name Savage and B:irtlett, who, if they are cutting timber, do so without any shadow of authority from me, and Mr. Peters receives no profit on their proceedings. 1 have, &c. THOMAS BAILLIE, Covnnissioner of Crown Lands and Forests. To his Excel'y Maj. Gen. Sir H. Douglas, Bart., ^-c. Mr. Hamilton to Mr. Vaughan. Department ov State, JVashington, March 1 1 , 1 82 9. Sir : I iiave received and laid before the President of the United States the note, with its enclosures, which you did me the honor to write to me on the 7th of this month, in answer to a representation which was made to you by Mr. Clay, on the 9th of January last, at the instance of the Governor of Massachusetts, concerning depredations comj)lained of by him against inlialiitants of the Province of New Brunswick, in cutting timber, preparing lumber for market, and erecting mills, upt)n the soil of the territory in dispute between the United States and Great Britain; and I am directed by the President to state, in reply, as I have mucli pleasure in doing, that he derives great satisfaction from the information contaiiKid in your communication, as lie especially perceives in the promj)t and energetic measures adopted by Sir Howard Douglas, Lieutenant Governor of the Province in question, and detailed in the enclosure re- ferred to, a pledge of the same dis[)osition on the part of the authorities of iliat J^roviiK-c, wliich animates this (iovcniment, to enforce a strict observance of the understanding between the two Governments, tiiat the citizens or subjects of neither shall exercise any acts of ownershi]) in tlio disputed territory whilst the title to it remains unsettled. I will lose no time in mcdving known to the Governors of Massachusetts and Mahie [ Doc. No. 126. ] 15 the measures which have been lluis adopted by the Lieutenant Governor of New Brunswick, to guard against ah depredations upon the disputed territory, and will at the same time inform their exceUencies of the just and confident expectation entertained by the President that the conciha- tory understanding or arrangement between the two Governments of the United States and Great Britain, ah-eady referred to, should not be dis- turbed by the citizens of lliese two States. I am directed hkewise by the President expressly to use this first oc- casion of an otficial comnuniication with you under his orders, to request the favor of you to make known to your Government the sincere regret he feels at the existence of any dilference or misunderstanding between the United States and Great Britain, upon the subject-matter of this letter, or any other whatever; and that, in all the measures which may be adopted on his part, towards their adjustment, he will be entirely actuated and governed by a sincere desire to promote the kindest and best feelings on both sides, and secure the mutual and lasting interests of the parties. I pray you, sir, to accept the renewed assurances of the high and dis- tinguished consideration with Avhich I have the honor to be, your obedient humble servant, JAMES A. PIAMILTON. The Right Hon, Charles Richard Vaughan, Envoy, Sf^c. Mr. Vaughan to Mr. Hamilton. Washington, March 12, 1829. It is whh great satisfaction that the undersigned, his Britannic Majesty^s envoy extraordinary and minister plenipotentiary, acknowledges the re- ceipt of Mr. Hamilton's note of the 11th instant, containing a prompt ac- knowledgment of the efficacious measures adopted by the Lieutenant Governor of New Brunswick to investigate and to restrain the proceedings complained of in the disputed territory ; and he begs leave to assure the President that he derives great satisfaction from being requested to com- municate to his Majesty's Government that, in the adjustment of dilfer- ences between Great Britain and the United States, the President will be entirely actuated and governed by a sincere desire to promote the kindest and best feelings on both sides, and secure the mutual and lasting interests of the parties. The undersigned begs Mr. Hamilton to accept the assurances of his highest consideration. CHAS. R. VAUGHAN. To Mr. J. A. Hamilton, SfC Mr. Vaughan to Mr. Van Buren. Washington, April 10, 1829. The undersigned, his Britannic Majesty's envoy extraordinary and minister plenipotentiary, has the honor to inform the Secretary of State of the United States that he has received an intimation from his Majesty's Lieutenant Governor of New Brunswick, that, apparently, it is the inten- tion of the Government of the United States to carry the road now ma- 16 f Doc. No. 126. ] king through the State of Maine to Mars Hill, over the point, and to oc- cupy it as a military station. The undersigned begs leave to remind Mr. Van Burcn that Mars Hill is situated upon the Northeastern line of boundary, which is in dispute between the two Governments; and he is called upon to protest against the occupation of it by American troops, upon the ground that the hue drawn by the conmiissioners of boundary, under the treaty of Ghent, due nortli from the monument which marks the sources of the river St. Cruix, was not considered by them as correctly laid down; and it yet re- mains to be determined whether Mars Hill lies eastward or westward of a line drawn upon scientific principles. For a better explanation of the motives for this protest, the undersigned has the honor to refer the Secre- tary of State to a copy of a letter, which is enclosed, from Sir Howard Douglas. A joint resolution of both Houses of Congress, passed during the last session, tends to confirm the intentions of the Government of the United States, as inferred by Sir Howard Douglas from the information which he has received. That resolution authorized the making of a road from and beyond Mars Hill to the mouth of the Madawaska river ; but, as the carrying into efi:ect that resolution was left entirely to the discretion of the President, the undersigned cannot entertain any apprehension of a forcible seizure of a large portion of the disputed territory, which a com- pliance with a resolution of Congress would imply. The undersigned acknowledges, with great satisfaction, the assurances which he has received of the kind feelings which will actuate the Presi- dent of the United States in the adjustment of any differences which may- exist with Great Britain; he subnnts, therefore, the representation of the Lieutenant Governor of New Brunswick respecting the occupation of Mars Hill; relying confidently on the manifest propriety of restraining the aggression which it is supposed is meditated from the frontier of the State of Maine, and of both parties mutually abstaining from any acts which can affect the disputed territory, as the question of possession is now in the course of arbitration. The undersigned reiterates to the Secretary of State the assurances of his highest consideration. CHAS. R. VAUGHAN. To the Hon. Maktin Van Buren, Si'C. Sir H. Douglas to Mr. Vaughan. Fredericktox, (New Brunswick,) December 11, 1828. Sir : Having received information from undoubted authority d)at it is the intention of the American GovernmeiU to cause a military road to be opened from the. interior of the country to Mars Hill, and likewise to take possession of that [)oint as a military ])0st, it becomes my duty, in con- formity witli my instructions to protest against any encroachment on the disputed territory, to submit to your excellency the grounds upon which I consider this a case requiring a remonstrance on your part against the occuj)ation of Mars Hill by either ])arty, until the question of right is settled. The north line from the source; of the St. ('roix has not been correctly laid down ; it was run, as it is termed, in the maiuK^r of an exjiloringline, as used in rough surveys and explorations. No decision of the commis- [ Doc. No. 126. ] 17 sioners was ever made lespcctini,^ this Vww, and it is not admitted by them as correctly and definitively traced. The agenls who performed it may have considered tliat it was nearly correct, and that any error that might be fomid to exist would not be of much importance ; but it appears that a very trifling error committed in the direction of the line from the monu- ment would be magnified into such importance at tlu; distance of Mars Hill, that it may fairly be doubted whether Mars Hill lies eastward or Avestwardof the due north or meridian line, correctly laid down by proper process. It appears to have been admitted in the arguments before the commissioners, that a north line would intersect Mars Hill, which was accordingly assumed by the British agent as a point in that line, and like- wise a point of departure along the highlands to the westward, upon which the British commissioners claim the boundary line to be. I consider it, therefore, indispensable to address to your exxellency this protest against the assumption upon which the measures contemplated by the American Government are grounded. I have, &c., HOWARD DOUGLAS. To his Excellency the Rt. Hon. C, R. Vaughan, 4'C. 3Ir. Van Buren to Mr. C. R. Vaughan. Department of State, Washington, May 11, 1829, The undersigned, Secretary of State of the United States, has the honor to acknowledge the receipt of the note which Mr. Vaughan, his Britannic Majesty's envoy extraordinary and minister plenipotentiary, addressed to him on the 10th of April, stating, upon the authority of a letter from the Governor of New Brunswick, (whereof a copy came ^^nclosed in Mr. Vaughan's note,) that it was apparently the intention of the Government of the United States to carry the road now making through the State of Maine, to Mars Hill, over that point, and to occupy Mars Hill as a mili- tary station ; and protesting against such occupation, upon the ground that the line drawn by the commissioners of boundary, under the treaty of Ghent, due north from the monument which marks the source of the river St. Croix, was not considered by them as correctly laid down, and that it yet remains to be determined whether Mars Hill is eastward or westward of the true line. The undersigned deems it unnecessary, upon the present occasion, to en- ter into an elaborate discussion of the point stated by Sir Howard Doug- las, the Lieutenant Governor of New Brunswick, concerning the line re- ferred to by him, inasmuch as the relative position of Mars Hill to that line is already designated upon map A, and the line itself mutually agreed to and sufficiently understood for all present purposes, though not defin itively settled by the convention of London of the 29th of September, 1827 The undersigned will, therefore, merely state that he finds nothing in the record of the proceedings of the commissioners under the 5th article of the treaty of Ghent, to warrant the doubt suggested by the Lieutenant Governor of New Brunswick, whether Mars Hill lies to the westward of the line to be drawn due north from the monument, at the source of 2 \S I J)oc. Xo. 126.] tiie St. Croix, to the highlands which divide the waters that empty into the river St. Lawrence Irom those wiiicli enii)ty into tlic Athiiitic ocean ; liiat the joint snrveys and explorations made nnder that conmiission place the hill ahont a mile due wost ol'lhat line ; and that the agent of his Britannic Majesty, lielbre t'le coimnissioners, so lar Irom intimating any doubt on the point, m ide it one ground of argument that the true line, when correctly laid down, would neij^'ssarily, on account of the ascertained progressive westerly variation of the needle, fall still farther Avestward. The undersigned cannot acquiesce in the supposition that, because the agent of his Britannic Majesty thought proper, in the proceedings before the conmiissioncrs, to lay claim to all that portion of the State of Maine Miiich lies north of a line running westerly from Mars Hill, and desig- nated as the limit or boundary of the British claim, thereby the Uni- ted Slates, or the State of Maine, ceased to have jurisdiction in the territory thus claimed. In the view of this Government, his Britannic Majesty's agent might, with equal justice, have extended his claim to any other undisputed part of the State, as to claim the portion of it which he has drawn in question : nnd in such case, the Lieutenant Governor of New Hnmswick could surely not have considered a continuance on the part of tlie T'nitcd States and of the State of Maine to exercise their accustomed jurisdiction and authority to be an encroachment. If so, in what light are we to regard the continued acts of jurisdiction now exercised by liim in \he Madawaska settlement ? More than twenty years ago, large tracts of land lying westward of Mars Hill, and northward on the river Restook, were granted by the State of Massachusetts, which tracts are held and possessed under those grants to this day; and the United States and the "States of Massachusetts and Maine, in succession, have never ceased to v'xercise that jurisdiction which the unsettled condition of the country in that region, and other circumstances, admitted and required. The undersigned, therefore, cannot discover, in the facts and circum- TStances of the case, any just principles upon wliich Sir Howard Douglas '':^ould predicate his protest. He has, however, submitted the note which he had the honor to receive from Mr. Vaughan to the President of the United States, and is by him directed to say, in reply, th;it, although this Ciovernment could feel no difliculty in the exercise of what it deems au UDqnestionable right, and could not allow itself to be restrained by the prt^test of the Lieutenant Governor of New Brunswick, yet, as a further proof of the spirit of amity, forbearance, and conciliation, which the Pres- ident is desirous of cultivating between the two Governments, he has de- '•iided to ))ostpone, for th.e ])resent, the exercise of the authority vested in Him by the Congress of the United States, to cause to be surveyed -uid ^aid out a military ro;id, to 1)C continued Irom Mars Hill, or such other point on the military road laid out in the State of Maine as he may think projK-r, to the mouth of the river Madawaska ; and to add, that the Lieu- Icuunt Governor of New Brimswick is under a misapprehension as to the ■tj^ign of this (Jovernment to occupy Mars Hill as a military station ; no such inteDtion beini,' entertained by the I^resident, norhnve any measures ix'cn taken by this Governmenl with an ulterior view to that object. The undiTsiLMied indnlgtjs the hoj)(> that Mr. Vaughan will i)erceive,in ^hc maimer in uhic h ihe President, discriminating between tlie rights of »ius Government and iheir present exercise, has used the discretion con- >&rrcd upon hirn, an additional evidence of the desire which he sincerely [ J3oo. No. 126. ] 19 entertains, and which he hay hcretorore caused to h(! counaaiiicated to Mr. Vaughan, lliat both Govcrnnicnts slioiild, as far as ])racfical)le, abstain from all acts of authority over the territory in dis])Uti;, whicli are not of immediate and indispensable necessity, and whicli would serve lo create or increase excitement whilst the matter is in course of arbitration ; and he feels well persuaded that Mr. Vaughan will not fail to inculcate the same spirit, and to recommend, in the strongest terms, the observance of the same course on the part of the provincial Govermneut of New Brunswick. The undersigned offers to Mr. Vaughan the renewed assurances of his high consideration. M. VAN BUREN. To the Right Hon. Ciiaui.es R. Vaighan, S,-c. Mr. Vavghan to Mr. Fan Bureii. Washington, May 14, 1829. The undersigned, his Britannic Majesty's envoy extraordinary and minister plenipotentiary, has the honor to acknowledge the receipt of Mr. Van Buren's note dated 11th instant, and he derives great satisfaction from being able to communicate to his Majesty's Government the assu- rances which it contains, that the Government of the United States has never entertained the design of occupying Mars Hill; and that the Presi- dent, in the spirit of amity, forbearance, and conciliation, which he is de- sirous of cultivating between the two Governments, has decided to post- pone, for the present, the exercise of the authority vested in him hy the Congress of the United States, to cause to be surveyed and laid out a mili- tary road, to be continued from Mars Hill to the river Madawaska. The undersigned will transmit immediately a copy of Mr. Van Buren's note to his Majesty's Government: and he forbears, therefore, from ta- king notice of the observations which it contains relative to the exact po- sition of Mars Hill, and to the exercise of jurisdiction in the district on the northwest of it. The undersigned begs leave to renew to Mr. Van Buren the assurances of his highest consideration. CHARLES R. VAUGHAN. Hon. Martin Van Buren, 4'C. Mr. Vaughan to Mr. Van Buren. Washington, June 8, 1829. The undersigned, his Britamiic Majesty's envoy extraordinary and minister plenipotentiary, had the honor on the 7th March last to lay be- fore the Government of the United States a letter from Sir Howard Douglas, his Majesty's Lieutenant Governor of New Brunswick, in ex- planation of trespasses alleged by the Governor of the State of JNIassa- chusetts to have been committed by British subjects in the disputed terri- tory within that Province. The Lieutenant Governor announced 'his intention, in that letter, of sending a magistrate into the district where the proceedii-igs complained of had taken place, to ascertain the nature and 20 [ Doc. No. 126. ] extent oi the alleged tivspasse.«, and alU'iwards to make a report to his excellency. The report of the magistrate having been received by Mr. Black, who has been commissioned by his Majesty to administer the Government of New BrnnsNvick dnring the temporary absence of Sir Howard Douglas. a copy of it has been transmitted to the undersigned, and he begs leave to submit it to the consideration of the Secretary of State of the United .States, together with an extract of the letter of Mr. Black which accom- panied it. As it appears by the report of Mr. Maclauchlan, the magistrate, that some American citizens settled on the disputed territory arc implicated in the trespasses which have been committed, Mr. lilack, the President and Comiuissioner-in-chief of the Government of New Brunswick, suggests the propriety of an officer being appointed by the Government of the United States to act in concert with the British magistrate, in preventing further depredations. The undersigned has received from Mr. Black the most satisfactory as- surances that it will be his earnest study to adhere scrupulously to the good feeling and conciliatory conduct towards the United States, whick has been observed by Sir Howard Douglas. The undersigned seizes this opportunity to renew to Mr. Van Buren.. the assurances of his distinguished consideration. CHARLES R. VAUGHAN. Hon. Maktix ^'A^' Buren, S,'c. Extract of a lettei' from William Black, Esq., President and Com- 77\issioncr-i)i-cliieffor administering the Government of Neio Brims- ivick, dated Frederickton, (New Brunswick,) May 11, 1S29. Having just obtained, through the commissioner of Crown lands, the report of Mr. Maclauchlan, the magistrate appointed by Sir Howard Douglas to go and inipiire into the alleged trespasses on the disputed ter- ritory, I have the honor herewith to enclose the same for your information. From what that ollicer states respecting the proceedings of a Mr. Dennis Fairbanks and others, including Baker, and the conniving conduct of the land agents for Massachusetts and Maine, I am induced to submit to your excellency's consideration the propriety of an officer being appointed by the General Government of the United States, to act in concert with Mr. Maclauchlan, in unarding against further depredations and the infraction of the existing understanding between the two Governments, until the pending question shall be decided. I have, &c. WILLIAM BLACK. To thr KiL'ht linn. C. K. Vauguan, . J 22 Mr. Bankhead to Mr. Livingston. Washington, October 1, 1831. The undersigned, liis Britannic Majesty's charge d'atlaircs, has the honor to acquaint Mr. Livingston, Secretary of State of the United States, that he lias received a comnumication from his Majesty's Lieutenant Gov- ernor of New Hrunswick, stating that the authorities of Maine have eiA- deavored to exercise a jurisdiction over part of the territory at present in dispute between his Majesty and the United States : and further, that an order has been issued by a justice of the peace for the comity of Penob- scot to the inliabitants of the town of Madawaska to assemble for the piu- pose of choosing municipal oificers. The undersigned regrets sincerely that these irregular proceedings should have been had recourse to, during a period when the question of bounda- ry is in a coiu'se of settlement, and in opposition to the desire expressed by the President, that, pending the discussion of that question, the State of Maine should refrain from committing any act which could be constru- ed into a violation of the neighboring territory. The undersigned begs leave to submit to the Secretary of State several documents which he has received from Sir Archibald Campbell, in sup- port of his complaint of a violation of territory ; and the undersigned en- tertains a confident hope that such measures wih be adopted as shall pre- vent a recurrence of acts, on the part of the authorities of the State of Maine, which are productive of so much inconvenience, and which tend to disturb that harmony and good-will so necessary to be preserved be- tween the two countries. The undersigned has the honor to renew to Mr. Livingston the assu- rances of his distinguished consideration. CPIARLES BANKHEAD. To the Hon. Edward JjIvingston, Sfc. Cojjies of documents which accompanied Mr. Bankhead'' s note to Mr. Livingston, dated October 1, 1831, NOTICE. By a warrant to me directed from William D. Williamson, Esq., one of the justices of the peace for the county of Penobscot and State of Maine, this is to notify and warn the inhabitants of the town of Madawaska. qualified to vote in town affairs, to assemble at the dwelling-house of Mr. Peter Ligott, on Saturday, the 20th August, 1831, at one of the clock in the afternoon, to act on the following articles, viz : 1st. To choose a moderator ; 2d, to choose a clerk of the said town j 3d, to choose selectmen ; 4th, to choose constables. WALTER POWERS, By order of the said Justice. True copy : J. A. MACLAUCHLAN, Warden of the disputed territori/\ Madawaska, August 19, 1831. •21 [ Doc. No. 126. ] Statk ok Maink. Tit IWilter Powrrs, of Maddicaska, in said county, greeting : Voii are hereby required, in the luiine of the State of Maine, to notify and warn the inhabitants of said Madawaska, ([ualified to vote in town artrtirs, to meet at .Mr. Petur Ligott's dweUing-house, in said town, on Saturday, the 20th day of August, 1831, tlien and there to act on the fol- lowing articles, and to transact such other business as may come before them : 1st. To choose a moderator to govern said meeting ; 2d, to choose a town-clerk ; 3d, to choose selectmen ; 4th, to choose constables and all other town olRcers. And you are hercliy further required, in the name of the State of Maine, to make a return of this warrant, with your doings therein at the said meeting, at which you will preside until a moderator be chosen. Given under my hand and seal, at Bangor, in said county, the eleventh dav of July, one thousand eight hundred and thirty-one. WILLIAM D. WILLIAMSON, [l.s.] Justice of the Peace, <^'C. True copy : J. A. MACLAUCHLAN, [l.s.] Mauawaska, v^ugust 20, 1831. The otficers as referred to in the above instrument were actually cho- sen in by American residents in the upper part of the Madawaska settle- ment : and tlie several officers were sworn in to perform the duties re- quired of them. J. A. MACLAUCHLAN. Mr. Lii'ini>;slo)i to Air. Bankhead. Department of State, Wafihington, October 17, 1831. Siu : liiiuiediately after receiving your note of the 1st histant, I wrote to the (iovernor of the State of Maine for information on the subject of it. I have just received his answer, of which I have the honor to enclose two extracts. Hy the first, you will perceive that the election of town officers in the settlement of Madawaska, of which complaint was made in tlu; |>ap('rs enclosed in your letter, was made under color of a general law, which was not intended by either the executive or legislative authori- ty of that Slate t(j be executed in that settlement, and that the whole was the work of inconsiderate individuals. JJy th«- second extract, it will appear that the individuals said to have been niost prominent in seltinu up the authority of the State have been arrested l)y order of the LicMiteiianl (iovernor of the Province of New nrnnswi«-k, and were on their way to l)e imprisoned at Frcderickton. The imiovali«»n on the existing slate of lliin<:s in the disputed territory beini; distniclly disavowed by the executive authority of the State, no act of authority or exercise of jurisdiction iiaving followed the election, I [ Doc. No. 126. ] 25 would respectfully suggest tlir jjiopricly of your rcconuuoiuliug to the Lieutenant Governor of New Brunswick (lie release of tin' prisoners wiio were arrested for exercising this act of authority in the territory nuitually claimed by the two nations, contrary to the understanding between their Governments. It is their avowed object to avoid any collision until the intention of both parties in relation to the award shall be fully known. All subjects calculated to produce irritation, therefore, ought evidently to be avoided. The arrest of the persons concerned in the election nuist produce that teeling in a high degree. A conviction cannot take place without eliciting a decision from the bench declaratory of, and enforcing, the jurisdiction over the territory in dispute, which it is the present policy of both Powers to avoid, at least for the short time that must elapse before the question can be finally settled. If punishment should follow convic- tion, the passions that would be excited must inevitably be hostile to that spirit of conciliation so necessary where sacrifices of national feeling and individual interest are required for the common good. It would be absurd here to enter into the question of title. Both parties claim it. No act that either can do is necessary to assist its right, while there is hope of an amicable arrangement; and it was with this view of the subject that a mutual understanding has been had, to leave things in the state in which they are until the question of the award is settled. On the part of the Americans, some individuals, in contravention of tliis understanding, have proceeded to do acts which, if followed out, would change the political state of part of the disputed land. But it has not been so followed out ; it is disavowed by the Power whose assent is neces- sary to carry it into execution. It is, therefore, of no avail, and can have no more eflect, than if the same number of men had met at Madawaska, and declared themselves duly elected members of the British Parliament. The act interferes with no right ; it comes into actual collision with no established power. Not so the punishment of the individuals concerned. This is at once a practical decision of the question, and may lead to retali- ating legal measures; for, if the Lieutenant Governor of New Bruns- wick feels himself obliged,. as he says he does, to impose the authority of the law within which he thinks the boundaries of his Province, will not the same feeling incite the Governor of Maine, under the same sense of duty, to pursue the like measures ? And thus the fruits of moderation and mutual forbearance, during so long a period, will be lost for the want of perseverance in them for the short time that is now wanting to bring the controversy to an amicable close. It is therefore, sir, that I invite your in- terposition with his excellency the Lieutenant Governor of New Bruns- wick, to induce him to set at liberty the persons arrested, on their engage- ment to make no change in the state of things until the business shall be finally decided between the two Governments. On our part, the desire of the General Government to avoid any meas- ures tending to a change in the existing state of things on our Northeast boundary has been fully, and, it is believed, efficaciously, expressed to the Executive of the State of Maine; so that the actual relation of the State with the neighboring Province will not, in future, suffer any change. I have great pleasure, sir, in renewing, on this occasion, the assurance of my hish consideration. EDWARD LIVINGSTON. Charles Bankhead, Esq., ^'C. 2G [ Doc. Xo. 126. ] Mr. Jianfiluinl to Mr. /Jrhii^slon. Washington, October 20, 1831. 'Vhv undersigiunl, liis IJriiaiiiiic Majesty's charg6 d'affaires, has the lionor to acknowledge the receipt ol" JNIr. Livingston's note of the 17th in- stant, in answer to a rejiresentation which the undersigned thought it his duty tt) make to the Ciovernnient of the United States, upon a viola- tion coinniitted upon tiu; territory at present in dispute between the two countries. The friendly tone assumed by the Secretary of State in this communi- cation ; the discountenance, on the part of the General Government, of the proceedings whicli were complaine.?! of; and the determination of the President to cause the strictest forbearance to ]>e maintained, until the question of bonndary shall be settled, have been received 1 y tlic under- signed with great satisfaction ; and it is in the same spirit of harmony that he has addressed a letter to his Majesty's Lieutenant Governor of New Brunswick, enclosing a copy of JNIr. Livingston'.'^: note for his excel- lency's serious consideration. TJie undersigned has the honor to renew to Mr. Livingston the assu- rance of his distinsuished consideration. CHARLES BANKHEAD. Tht- linn. KuwAiii) LnixGsTON, Esq. ^^c. Mr. Bankhcad to Mr. Livingston. Washington, October 22, 1831. Tiie undersigned, his Britannic Majesty's charge d'affaires, has the hon- or to transmit to the Secretary of State of the United States, the copy of a letter from his Majesty's Lieutenant Governor of New Brunswick, en- closing a dejiosition made before a justice of the peace of that Province in support of a charge against certahi inhabitants of Houlton, in the State of Maine, for having made a forcible inroad on the territory of his Ma- jesty in search of an Irishman, (an inhabitant of Woodstock, New Bruns- wick,) who committed a most violent outrage against the constituted au- tliorities at Iloulton. The Lieutenant Governor deprecates, in the strongest maimer, the in- famous conduct of the individual in question, and is perfectly ready to exert the utmost rigor of the laws against him ; but his excellency, at the same time, protests against the conduct of those persons who have thus attempted to interfere with th(> jurisdiction of the laws in his Ma- jesty's possessions. Tender these circumstances, the undersigned has to request that Mr. Liviny-stftn will be ijood enough to cause the lu^cessary inciuirics to be in- stituted into this transaction ; an(l,uj)on the charges being clearly proved, that he will make sucji a representation to th(^ authorities of the State of Maine as shrdi |»revenl the recurrence of a similar irregularity in future. The nnriersigned has the honor to reiw^w lo Mr. Livingston the assu- rances of his distinguished consideratinn. ('II AKLES BANKHEAD. Hon. I'hiW AUK LiVINJtSTON, Secretary nf State. [ Doc. No. 126. ] 27 Fkkderickton, October 3, 1831. Sir : I regret the neccssily 1 am under of bringing to your notice an miautliorized violation of the territory of this province, by an American party from Houhon town, as set forth in the enclosed deposition, m search of an Irishman residing in the parish of Woodstock. Tlie cause of this proceeding arose, I beheve, as follows : A brother of the said Irishman had, it appears, been working on the new line of military road from Bangor \o Lloulton, when a serious affray took place between the Irish and Americans employed on the road; in consequence of which, this person, probably with others, was committed to jail : the brother, our subject, went to Houlton, in the hope of procu- ring his release ; hi failure of which, he most atrociously, from motives of revenge, discharged a fowling-piece or nmsket loaded with slugs, into the room where the "magistrate of the place was sitting, happily without ef- fect, though no doubt intending to destroy him. The villain who was guilty of this deed of atrocity has fled the country. His conduct cannot be too strongly reprobated, and no punishment could be too great for his oflence. Still I am certain that you will agree with me, that no act of this or any other miscreant could, under any circumstances, justify the authorities of the United States in the violation of our terri- tories, and attempted interference with the jurisdiction of our laws. I am thus particular in bringing the matter before you, from under- standing that our neighbors intend demanding that the oftender be given up to them ; while I am equally desirous that such an improper mode of seeking for redress as that resorted to on the occasion should not be suffered to pass without observation. I have tlie honor, &c. ARCHIBALD CAMPBELL, Major General and Lieutenant Governor. Charles Bankhead_. Esq., 4'C. York, New Brunswick. Personally appeared on the 24th day of September, before me, .John Bedell, Esq., one of his Majesty's justices of the peace for the county of York aforesaid, James McGee, of the parish of Woodstock, in the aforesaid county of York, who, being duly sworn upon the Holy Evan- gelists of Almighty God, deposeth and saith : Tliat, on Friday night, the 16th of this instant September, about eleven or twelve o'clock at night, a^ number of armed men from the settlement of Houlton, in the State ot Maine, and in the United States of America, came to his (the deponent's) house, and knocked at the door, when he asked what they wanted ; the answer was, they wanted Campbell. He told them at their peril, and in the King's name, not to attempt to come in; upon which they damned him and the King, and immediately proceeded to breaking the door, when they rushed into the room, to the number of fifteen or sixteen men, (a number more being around the house,) when they immediately began searching the house, breaking up every thing that would conceal a man, using threats to shoot any man that should make resistance. He (the depo- 28 [ Doc. Xo. 126. ] neat) then desired they would not break up and destroy the room, saying that, if tliey would desist, lie would give theni a bond tor fifty pounds as security that ("auipboll shoidd be next day given up to the magistrates of the county ; that, if guiUy of any crime, lie might be punished; but to this they paid no regard: liis daughter, a young woman of about nine- teen years of age, at the same time being through fright thrown into fits, and they refused to let him send for a neighbor for assistance ; the mother likewise, from friglit and ill usage she received from the party, being unable to render her daughter any assistance. Kom- of the party, viz : Elwynn Packwood, John Tinney, John Basse- ford, William .lames, the three former being peace officers, were known to be of the mimber. JAMES McGEE. William dray and Hugh Russell, being likewise duly sworn, deposed to all the facts above stated ; they being present in the house. WILLIAM GRAY, HUGH RUSSELL. JOHN BEDELL, Justice of the Peace. True copv : ARCH'D CAMPBELL. Mr. Eankhcad to Mr. Livingstoji. Washington, November 25, 183L The undersigned, his Britannic Majesty's charge d'affaires, has the honor to refer the Secretary of State of the United States to the cor- respondence which took place in the month of October, upon the subject of violations wliif h had been connnitted upon the territory at present in disjtute between (ireat Britain and the United States, and the measures which his Majesty's Lieutenant Governor of New Brunswick deemed it expedient to adopt thereupon. The trial of these persons took place at Frederickton, and they were sen- tenced by the supreme court of the Province to fine and imprisonment. At the linje the vmdersigned coinuumicated to the Government of the United States the decision which the authorities of New Brunswick had felt it necessary to adojit upon this occasion, he expressed the deep regret of the (;ovcrnor of that Province that the conduct of these individuals was such as to compel his excellency to pursue a course so uncongenial to his own fe«!lings, and at variance with tlic harmony which subsists be- tween the Governments of (Ireat Britain and the United States. Th«' Secretary of Slate, upon receiving this conmiunicalion, expressed to the undersigned iju! earnest desire of the I^resident, upon a total disa- vowrd on tin- jiari of the General Government of the proceedings of tjie persons ini|)lieate(l in this transaction, that his Majesty's Lieutenant (iovernor nuuhl consider himself authori/ed to exercise a prerogative in their favor, and to remit the sentence wliirh had lieen pronounced against them. [ Doc. No. 126. ] 2^ No time was lost in submitting Mr. Livingston's note to the considera- tion of Sir Archibald Canii)bcll; and the iindersii^nied has the greatest satisfaction in acquainting him that iiis excellency fully ac([uiesced in the desire manifested by the President of the United States. The undersign- ed cannot better fulfil the wishes of Sir Archibald Campbell, which are so much in accordance with that spirit of good-will which happily sub- sists between the two countries, and which characterizes their relations with each other, than by transmitting to the Secretary of State a copy of the despatch which he yesterday received from that olliccr; and which he feels assured will be received by the President as an earnest of his unin- terrupted good feeling towards the Government and people of the United States. The undersigned has the honor to renew to Mr. Livingston the as- surance of his highest consideration. CHARLES BANKHEAD. Hon. Edward Livingston, ^'C. Sh' ^.^rchibald Campbell to Mr. Bankhead. Government House, Frederickton, Noveinber 8, 1831. Sir: I had this morning the honor to receive your letter of the 20th f ultimo, which, with its enclosures, are, in every respect, so satisfactory, khat I did not lose a moment in giving eifect to the wishes therein ex- pressed, by exercising that prerogative so congenial to my own feelings, I whether viewed in the extension of mercy, or in the gratifying anticipa- i tion of such a measure being received as an earnest of my most anxious I desire, as far as rests with me, (consistent with my public duties,) to pre- serve inviolate the harmony and good understanding so happily existing between the two Governments. The prisoners, Barnabas Hunnewell, Jesse Wheelock, and Daniel Savage, are released ; and I have taken it upon myself, knowing that such a measure will be fully sanctioned by my Government, to remit the fines imposed by the supreme court of this Province, as already communicated to you by Lieutenant Colonel Snod- grass ; an act that I trust will not fail in being duly appreciated, ivhen it is known that the above-mentioned individuals did, with several others, follow up their first proceedings by acts of much more serious aggression, for which they stood charged under another (untried) indictment : how- ever, every thing connected therewith is now corrected. You will see with what readiness and satisfaction I have received and adopted your kind advice, for which accept of my sincere thanks; and be- lieve me to remain, sir, &c. ARCHIBALD CAMPBELL, Lieutenant Governor. 30 [ Doc. No. 126. J Mr. Liv'uii^slon In Mr. Bankhead. Dki'aktjment of State, jrashing/071, November 28, 1S31. The undersigned, Secretary ol" Stale, &c., has the honor to acknowledge the receipt ol' a note from >Ir. Hankhead, his Britannic Majesty's charg6 d'urtaires, under date of liic 25th instant, accompanied by a copy of £P letter from Sir A. Campbell, tlic Lieutenant Governor of the Province of New Brunswick ; by both of which, the Secretary of State is informed that tlie citizens of the United States lately under prosecution at Frederick- ton, for acts done in the territory now possessed by Great Britain, within the country claimed both l)y thai Power and the United States, have been set at liberty, in accordance with the suggestions made in the former cor- respondence between Mr. Baiikhead and the Secretary of State. Mr. Bankhead's note, with its enclosure, has be^n laid before the Presi- dent, who has iiistrncted the undersigned to express his satisfaction at the prompt manner in which his sugge.3tions have been complied with ; and to say, that he considers it as a proof of the disposition of his Britannic Majesty's ollicers to preserve the harmony that so happily subsists between the two Goverinnents. The undersigned renews to Mr. Bank- head the assurance of his liigli consideration. EDWARD LIVINGSTON. Charlks Bankhead, Esq., &rc. Sir Charles R. J'aughan to Mr. McLane. Washington, October 20, 1833. The undersigned, liis liritannic Majesty's envoy extraordinary and minister plenipotentiary, lias the honor to lay before the Secretary of State of tlie United States a copy of a letter which he has received from his excellency Sir Archibald Campbell, his Majesty's Lieutenant Gover- nor of New Brunswick, and to call his attention to the conduct of certain land agents of the States of Maine and Massachusetts, in the territory in dispute l)etween Great Britain and the United States. It apjjears by the report contained in Sir Archiliald Campbell's letter, that land ;ments of Maine and Massachusetts have been holding out in- ducements to persons of both countries to cut pine timber on the disputed territory, <»n condition of jjuying to tlifMn two shillings and six pence the ton, and that they have entered into contracts for opening two roads which will intersect the Restook river. As it is the declared will and nnilual interest of the Governments of Gri(!Utenant Governor of New Hrunswick, to Sir Charles R. Vaiitrhari ; and also of a letter from Lieutenant J. A. Maclauchlan to Sir Archibald Cani])bcll, con»])laining of the conduct of the land agents of [ D(X'.. No. 126 ] 37 the States of Maine and Massachusetts in the territory in dispute between the United States and Great Britain. In compliance with your request to be furnished witli information in relation to this subject, I reply, that by a resolve of the Legislature of this State, passed March 30, 1831, "the land agent of this Slate, in con- junction with the land agent of the Commonwealth of Massachusetts, is authorized and empowered to survey, lay out, and make a suitable winter road, or cause the same to be done, from the mouth of (he Matawamkeag, a branch of the Penobscot river, in a northerly direction, so as to strike the Aroostook river on or near the line dividing the sixth and seventh ranges of townships." The same resolve authorizes the land agents to lay out and make, or cause to be made, a winter road from the village of Iloulton, in a westerly direction, -to intersect the road to the Aroos- took river, at some point most convenient for travelling, and most for the interest of the State. By a subsequent resolve, passed March 8, 1832, the authority given to the land agents was enlarged so as to authorize them "to locate and survey the Aroostook road, so that it may strike the Aroostook river at any place between the west line of the third range and the east line of the sixth range of townships west of the east line of the State." The first of these roads has been surveyed and lo- cated, and much the greater part of it lies within the undisputed limits of this State, south of the sources of the Penobscot river, and it is be- lieved that no part of it lies within territory of which the British Government has ever been in the actual possession since the treaty of 1783. A portion of this road only has yet been opened ; and I have no information that any part of it has been opened over territory claimed by the British, although it is contemplated to extend it to the Aroostook, when it can be done consistently with the public interest. The second road described in the resolve of March 30, 1831, is wholly within the undisputed limits of this State. A report of the recent proceedings of the land agent in making these roads, and disposing of the timber on the lands of the State, has not been received, and his late sickness and death have rendered it impossible at this time to obtain a detailed statement of all that has been done in his official capacity. But it cannot be presumed that he has, in any particu- lar, exceeded his instructions, (copies of which are herewith transmitted,) or, in the discharge of his official duties, taken any measures, or authorized any acts to be done, which could justly be considered as a violation of any known provision of the existing arrangement between the Governments of the United States and Great Britain, in regard to the disputed territory. With high consideration, I have the honor to be, sir, your obedient ser- vant, SAMUEL E. SMITH. The Hon. Louis McLane, Secretary of State of the United States, Washington. 3S [ Doc. No. 126. ] STATIi OF MAINE. In CouxXCil, March 9, 1833. Present: The Governor; Messrs. Duiilaj), Pierce, Sawyer, Hodgdon. Clark, Hodgnian, and Dana. The Committee ol the Whole Council, to which was referred the sub- ject ol the State lands, having taken that subject into consideration, report : That in their opinion the land agent is better able than any other person to determine what towns should be explored, and what lines should be run anew, the ensuing season. They would, therefore, recommend that said agent be authorized to cause such explorations to be made, and such lines to be run, as he may think the interest of the State requires. They would further recommend that said agent be authorized, if he deem it expedient, to cause to be lotted and olfered for sale, to actual settlers, the to\vn>hip numbered three in the fourth range, and numbers six and eight in the fifth range ; but they wish to give the subject further consideration before they authorize the said agent to lot out any other towns, or make sale of any (imber. Your committee further report, that the public good docs not require that the lands and timber belonging to this State and the Commonwealth of INTassachusctts should at this time be put into the market; but that the interest of this State does require that the sales of such lands and timber should be suspended for the present. They there- fore recommend that the Governor be advised to suspend the authority of the land agent of this State to sell any such lands and timber until the meeting of the next Legislature, agreeably to the resolve relating to said lands, passed March 9, A. D. 1832. All which is respectfully submitted. Per order: JUDAII DANA. In Council, March 9, 1833. This report, on being read, was accepted by the Council, and by the Go\einor aj)proved. Attest: R. G. GREP^NE, Secretary of State. A true copy. Attest: R.G.GREENE, Secretary of State. STATK Ol .MAINK. 1\ Council, June 26, 1833. Present: 'I'he (Jovcrnor, Messrs. Dunlap, Pierce, Sawyer, Hodgdon, Clark, Ilodgman, and Dana. The Committee of the Council, to which was referred a communica- tion from Daniel Rose, Ks(j., laiul agent, report: That tlw lancl agent be inslrueled to .sell at j)ublic auction the timber on the lollowitig townships beluri<;ing to this State, to wit : No. 8 7th range, No. 2, Olh range, and No. ?", Cth range. ' [ Doc. No. 12 i?-if i^-^ re.~ £-^ X _ - '^ -»-> re • • 3 tt -3 — -3 -a _5 3 «2 3 5— o-=-- = "s — 3 3 re re 3 C3 -a. 22 — — ^ — ^ - "-ic re y -^ w ■^ t; tir = < 2 .5 3 o 1/3 "o "S o ^« ;^ ;i^ ;£s "s "<" < ^1? "^ . S • £ CO CO o CO CO _.- •■ '55 ^ ,."-'H 'c iT :J" L. ,»■ > 9-i ^^ ^!^-Z _i 00 > > y a3 > "^ j£ ' n "z z '-^ fre iT L. ^ 'u ' ^ i; ^_^ ^^ t' '■*" 5 y CJ 0) 03 1 C O •_ X -" 'SI 33 -^ ~ - "c ^"o 3 O ■^1 3 cn JJ Z C-3 ^ C3 ^ £ 03 (« -3 «£ .■2 « ce ^ 5-3 - -2 '■«• 3 = 2 = ~ ."rt .,. -y) re ■'■ re S y Q -^ ij X -^ > ^ = " = ~ = 3 "^ O - p o re "si's = re => X •' XI in c c S ir. — c §.2 03 03 o ^ P=o O O c«0 O O o O V 0) Do O t— • (U 5 a; c4 03 c = c c c c -f 'o. ■Q.-5. "C- r. i « - o -g -= 15 u- ■ — ■ ~ -^ • ~ -*-' •^ U_ !^ =1 a; re i^ -^ ■^ "^■f "^ o "> O o o w* c« u- •— • •— o r. cn X £ £ tn c a 3 s = 3 o -^ o c 5 3 cj o 4-> cf 1?* . o So o "*" c^ -' ■" O y o_o o o 1/3 "D. o « o 2 c o C-. .t; o o a3 3 ^ 03 — • c to ^ «> o ^ t- n ^-) c J_) c •^^ > o a g-o. _o = 2 3 = $ o o §"s-i D. -b^ "^'S. < o '^ o o ,'- CO u^ rj. Jl. J3 J3 <1 < re o c O I- ^ «/ M M c C c C C ject Gov ent. « re re rt re «1 re *■ -^ j^ — _»; JC ^^j=^^.^.^ _^ ^.H j= if^j:^ j- j=^,2 o o ^ .-. •yi J, a S.i X 1/ ij) C/j *, XJ X — u '/) (j: :_ tf. I-; C/5 i/; U) X X IX I- X (/} ■? - ^ .— ..«.— •^•H ^ ^ • ~ U • — qj y 0/ ff .— ■ — £ 3 3 l_ !_ 1. — L^ a'x. cc £C3 — sz XpS?£M2;-<< ^^ 55 -< 23 -< SO K 2Q S2 e CS3 < < < 33 OQ s I- L. C re _re bJO I <• s- •• «> E L. 1? o< «^ u _ O - _ I- '=-2 ere ^c . — — "' > 15 ^ r; — -:^ = CL ■- 5 2 2 S"= c = »^ ■<: a^i-, »*• G H-j lis III 4> C re 1 03 >. ^-5 5 2 X c« -^ '^ ^ii'SCD'*^ re^« c > re-= = =-? "~' = P s EC*. o M c* CO «»• O (« J- CD o o ^ c» z '"' '^ .-• V \ Doc. No. 146. ] 47 X ■«.j % . 's _« >< (fl s. •V s 33 X v_ „^ J 04 1 ^ o. 3 :»; en 15 a> PS4 •-; -•-» 2 eU O) L> 1- o -3 0) X . o -4.J «^ 3 O o o «- o 03 a> "an be UJ 0) 2tf OS c O b /'>^Ay-\ • • tUD m O C o o OJ ■* -™ CO -*-* ,J_J 3 3 O o J3 J3 <: ,4-> a ^ OJ -*-» CO — i: L^ pq E >,a).2 2 ^3 c 1 S? £ = ^ « 4^ J3 a:(»Q ach of the laws of Great Britain. Of this description, as the under- signed was informed, was William Dalian, the individual whose^ state- ment, under oath, was transmitted to the Departnient of State in Novem- ber last, and which has been productive of such excitement in all parts of the United States, and more especially in the State ol Maine. Dalton was born ia the State of Maine ; but, "for some years before he settled upon the Aroostook, he resided in the Province of New Brunswick, and at dilferent places upon the river St. John's, where he was engaged in the business of lumbering, ft is said that he failed in business, and left the Province of New Brunswick deeply involved in debt, and took up his residence upon the Aroostook river, where the undersigned has reason to believe he would have remained to the present time if he had found himself without the reach of his British creditors. From information 5 1 [ Senate Doc. No. ISO. J derived from other settlers upon tlie Aroostook, tlie undersigned is himself satisfjeil, and Icm.Is it to be his duty to report to the Government, that the statement of Mr. Dalton, above alluded to, is substantially, and in every material point, absolutely false. The facts respecting the taking away of Joseph Arnold's cow, as represented by James Armstron::;-, one of the settlors, as well as by Arnold himsell', are briefly these : Arnold had ex- chani:;ed a cow belongin;; to him for another in possession of one William JNTcCrea, and which ihc lattc;- chimed as his propei'ty. The cow receiv- ed from McCrea by Arnold was subsequently taken from the latter, by due process of law, by one John Bradley, who claimed to be the owner of the cow, and who stated that he had sold the cow to IMcCrea only conditionalli/; an(\ that as McCrea had not complied with the terms of the contract, he (Bradley) was entitled to his cow again. Arnold applied for relief to the magistrate by whom the writ of replevin had been issu- ed, under which the cow he liad jeccived iVom McCrea had been taken from him; but failing to procure redress, he returned home, and told McCiea that he must either furnish him with legal evidence of his ownership in the cow which he had received from him, or return to him the cow which he had given in exchange for that which Bradley had taken from him. McCrea refused to deliver up the cow, but con- sented to leave the matter to be settled by referees. Referees were agreed upon by the parties, who decided that if McCrea, witiiin a certain specified period, should not furnish Arnold with pi-oof of his being the owner of the cow which he had exchanged for that of Arnold, that he should restore to Arnold the cow he had received from him. The time prescribed having elapsed, and McCrea having neglected to furnish the proof required, and the cow received from Arnold being yet in McCrea's possession, Arnold took the co\v from ^IcCrea, and carried her to his own house ; thus exercising a summary act of justice not unusual, it is believed, in communities like that at the Aroostook. McCrea pretend- ed that he had sold Arnold's cow to one Michael Cummings, who he accompanied to the residence of Mr-. Justice Morehouse, and procured in his behalf a writ of replevin for the return of the animal. It was the service of this writ that was successfully resisted by the settlers, (as staled in document 2-ko. 9, furnished l>y the Attorney Genera! of New Brunswick,) and the cow has since remained in the possession of Arnold. According to Dalton's statement, the cow was taken away from Arnold, and, the public are led to infer, was restor-ed to McCrea. That part of Daltorr's statement relative to the loss he sustained in removing from the Aroostook was represented to the undersigned as exagger'ated. Arm- strong states that his property was not of the value he represents it, and was disposed of by him for a larger amount than he acknowledges to have | received. The concluding and most tiraterial part of his statement, that "for the last seven weeks the inhabitants of Aroostook settlement have been unwilling and afraid to sleep in their own houses, and have retired to the lower j)art of the settlement, and spent the night on the banks of the river and in the woods, and kept watch night and day, as in an Indian war," is stated by others of the .settlers to be absolutely false ; and the fact is said to be that fur two tiii^/its only, and when a for-ce was expected to ar- rive at the settlement from l''rcdericton,sent thither by the (Government lor the purj)ose of apprehending those who were concerned in the rescue of [ Senate Doc. No. t30. J 55 Arnold's cow from the constable, some of tlio settlers, to use (heir own term, " mustered toijether," and lodged one. ni^Iit in a barn, and one night in a house bcloriiiinf;; to one oltheni. The undersigned dcenis it proper iu this place to letnark, upon the testimony of Jonathati Wilson, whose statement was taken under oath, and transmitted to the Goveinment at the same time with that of" Dalton's, that his statement is founded entirely upon hearsay testimony, which, upon investigation, has been ascertained, in every material respect, to he entirely unfounded. Civil process has been occasionally issued against the settlers upon the Aroostook by British magistrates, for three or four years past ; and, du- ring the last summer, process for trespass and intrusion was issued, at the instance of the Attorney General ot the Province of New Brunswick, against the settlers, generally, who were compelled to go to Fredcricton and employ counsel in their defence. These suits are still pending. It was the intention of the undersigned, in conformity with his instruc- tions, to have gone from Holton Plantation to the settlement upon ihe river Aroostook ; but he was informed that a journey to that settl'tnent was at that time hazardous, and almost impracticable, and it would h.ivc^ necessarily produced in his progress great delay ; and as he had seen at Holton some of the settlers, who appeared to be men of intelligence, and had received from them the information which it would have been the principal object of his journey there to procure, he deemed it inexpedi- ent to do so, and proceeded directly to the Madawaska settlement. This settlement derives its name from the river Madawaska, which empties itself into the river St. John's, about thirty-six miles above the Grand Falls, and about one hundred and sixty miles above Freder- icton. The first settlers arrived soon after the treaty of 1783, and the first grant, which was '•'■ of fifly-one several lots or plantations of land ^^^ was made to .Joseph Muzeroll, and fifty-one other French settlers, in the month of October, 1790, by Thomas Carleton, Esquire, the then Lieu- tenant Governor of the Province of New Brunswick. The land granted lay at intervals between the river Verte and the Madawaska river, nine miles distant from each other, and on both sides of the river St. John's. The second grant was of five thousand two hundred and fifty-three acres of land, lying l)elow the river Verte, and was made to Joseph Soucer and others, by Lieutenant Governor Caileton, in August, 1794. These are the only grants ever made by the British Government within the settlement, exceptingone to Limo Hibert, of two hundred and fifty acres of land, opposite to and upon the river Madawaska, in May, 1825. The laws of the Province of Ne^v Brunswick appear to have been always in force since the origin of that .'-ettlemcnt. The settlers have acquiesced in the exercise of British authority, both civil and military, among them, and have for many years had an organized militia in the settlement. In 1824, there were but two companies of militia in the settlement. In 1826, three new companies were organized, and *he number of enrolled militia now exceeds four hundred. The population of Madawaska amounts to about two thousand, and is almost exclusively French. The French settlement commences a few miles above the Grand Falls, and extends to the Marigoumtegook (or Mariumplicook) creek. There was one French settler within the distance of half a mile 56 [ StMi'.itc Doc. \o. 1 U). J from the month of ihut creek, at the periled when tlie earliest of the American settlers went to reside liieie; and at the distance of about six miles further down the liver St. John's, there now jesides Joseph Mishut, a I-'renchnian, the wife of whom infornied the undersiiu;ned proceeded up the river St. John's, as far as the mouth of the Marium{)licook creek, which is about fifteen n)iles above the river Madawaska. At the mouth of this creek is the residence of several of the American setlleis, and among others is that of Mr. John Baker. Ti)e undersigned had free and unreserved communications with all the American settlers uj>()n the ri\'er St. John's; and from information deri- ved from them, conoborateil in all material points from other sources, he is enabled to make ihe statement which follows, respecting the origin ot the American settlement, and the causes of lecent disturbances among the settlers. Nathan Baker, John IJaiford, and his son John Harford^ jr., were the fir;t American citizens who settled uj)on the river St. John's, within the territory mutually claimed by the United States and Great liritain. John Harford and his son came in June, 1817, and were followed, a few months afterwards, by Nathan Baker, and were all engaged in the lum- beiing business. In the summer of ISIS they removed their respective families from the Kennebec river. Baker established himself at the mouth of the Mariumplicook, and Harford about fifteen miles further up the river St. John's. The undersigned was informed by John Ilariord, that Nat'.cn Baker formed a connexion in business with Mr. Samuel Nevers, a merchant of St. John's, and undei" Nevers, who had obtained license fiom the Government of Usew Brunswick to cut limber, he en- gaged in the lumbering business. In the summer of 1819, a subpoena was served upon John Harford, (which is herewith presented, and marked II,) requiring him to appear at Fredericton, to answer to a suit Jor trespass and intrusion on Crown lands, instituted by the Attorney General. Similar j)rocess was issued against his son, John Ilaiford, jr., and also against Nathan Baker. John Harford states that he went to Fredericton in obedience to the summons, and that he, together with Nathan Baker, submitted to the authority of the Government of New Brunswick, and were both peiniitted to return to their setthimcnts. John Baker, the brother of Nathan Baker, was born in Moscow, in the county of Somerset, in the then district of Maine, in the year 17S7. In IS 10 he le(t the United States, and took up his residence in the Prov- ince ol New Brunswick, where he remained about two years, and flien left New Brunswick for the Province of Lower Canada, where he re- sided about I 111" same length of time. During the whole of this period he was engaged in the lumbeiing business. In 1S20 he left the British Provinces, and went to reside with his lirothcr Nathan, at the Madawaska settlenjcnt, ami en^Mu;ed in the lumbering business with him, under Nevers. In 1821, Nathan liaker died, and John Baker continued to carry on the lumbering bu.-iincss under Nevers. On the 4lh of October, 1825, deeds were given by the agents of the States of Massachusetts and I\laine,to John Baker and James Bacon, [ Senate Poc. No. 130. J 57 two of the Amciican settlers. Kach deed was for one liiindrcd acres of land, of which tlie grantees were previously in possession ; and on the 10th of the same month Bacon was authorized hy the same; agents to grant licenses to cut timber within the disputed territory, as appears from the document herewith presented, and marked I. This authority was sul)sequently revoked. 'Die undersigned was informed by the set- tlers, that John Baker had previously made application to the authorities at Fredericton, to become a naturalized Biitisli subject, and that he was actually upon his way to Fredericton, for the purpose of becoming nat- uralized, when he met with the agents of Massachusetts and Maine, with whom he returned fo tlie settlement, and from whom he subse- quently received a deed for the property he then had in possession. They state, also, that in 1822 he ajiplicd for and received from the Gov- ernment of New Brunswick the bounty paid to those who raise grain upon lands recently cleared and cultivated : that Mr. Nevers, with the knowledge, consent, and concurrence of Mr. Baker, had applied for a grant of the very tract of land for which Baker afterwards received a deed from the States of Massachusetts and Maine, but tlie grant was re- fused by the Governor of New Brunswick ; and that Baker, and others of the settlers, both belore and subsequent to the period when deeds were given by the agents of Massachusetts and Maine, voluntarily aj)- plied to the British authorities for the enforcement of the British lav.s among the American settlers, both in civil and criminal matters. The 4th of July last was celebrated by the American settlers at the IMadawaska. A flag-staif was raised by them upon the land of John Baker, and the American flag displayed ihereon. Many of the French settlers were invited to join in the celebration, several of whom accept- ed the invitation, and were present, and two assisted in the ceremony of raising the American flag. Most of the American settlers participated in the proceeding of the day, and it was represented to the undersigned, by others of the American settlers, that Mr. Baker was the principal personage among them, and it was he who proposed the celebration and the raising of the American flag. An address was delivered, and the party dined together at Mr. Baker's house. A ball in the evening at the house of Mr. 13acon, where were present, by invitation, many of the French settlers of both sexes, concluded the lestivities of the day. On the day following, a paper was drawn up by one of the settlers, which, it is said, was dictated by Baker and Bacon. This document, as the undersigned was intormed by several of the settlers, was in the form of by-laws; and the purport of it was, that the signers, in consequence of their great distance from their own Government, thinking it expe- dient to form themselves into a society, and have laws of their own, agreed that they would resist any further attempt to enforce the laws ot Great Britain among them, and would make law^s for themselves. John Baker, James Bacon, and Daniel Savage, were constituted a tribunal lor the enforcement of law among them, with power to seize and sell prop- ertv in satisfaction of debts contracted among the settlers. One of the settlers was appointed to the office of constable. These by-laws were to be in force for one year, unless sooner annulled by the American Government. This document, they state, was signed by most of the American settlers, and was offered for signature, and the contents ex- »8 I Senate Doc. No. 180. J plained, to several of the French settlers, one of whom was induced to put his name to it. It was destroyed about a month afterwards. On tlic 11th August last, a suil was instituted before Mr. Justice I\Iorciiouse, by Phineas R. Harford, against James Bacon, for a debt of about eight dollars, due from Bacon to Harford. A writ was issued against Bacon by Mr. Morehouse, and delivered to a constable for ser- vice. It was the service of this writ which was successfully resisted by the American settlers, who rescued Bacon from the hands of the officer, and drove the latter, but without either threatening or attempting his personal injury, from the settlement. The debt was afterwards paid by Bacon to Harford. Baker is represented by the settlers to have taken the lead in this alTair. The undersigned deems it scarcely necessary to add, that the proceeding of the settlers on the 4th and 5th of July last, and on the 11th of August following, were without t!ie authority or knowledge of the Executive of the State of Maine. The undersigned recommended to the American settlers at Madawas- ka, forbearance and moderation in their future proceediniesv Brunswick, who for our said lord the King prosecutes in this behalf, in his own proper person, comes here into tiie court of our said lord the King, before the Ki.ng himself, at Fredeiicton, in the county of York, o\\ Saturday next after the second Tuesday in October, in this same term, and for our said lord the King gives the court here to understand and be informed, that John Baker, of the parish of Kent, in the county of York, laborer, being a person greatly disaffected to our said lord the nov/ King, and his Government, within this his Majesty's Province of New Brunswick, and contriving, endeavoring, and unlawfully, maliciously, fac- tiously,and seditiously, intending to vex, molest, and disturb, the peace and common tranquillity of this Piovince, and to bring into hatred and con- tempt our most serene lord the now King, and his Government, and for creating false opinions and suspicions in the people and subjects of our said lord the King, of and concerning the Government and administra- tion of our said lord the King, and of the royal power and undisputed j)rerogative of our said lord the King, within this Province ; he, the said John Baker, tor performing, perfecting, and eilecting, his said most wicked contrivances and intentions, on the fifteenth day of July, in the eighth year of the reign of our sovereign lord King George the Fourth, at the parish of Kent aforesaid, in the county aforesaid, with force and arms, contemptuously, maliciously, factiously, and seditiously, applied to one Peter Markee, being one of the subjects of our said lord the King, resi- ding and inhabiting within the said patish, and then and there endeavor- ed to persuade and seduce the said Peter Markee to depart from and violate the allegiance which he owed to oui' said lord the King, and did then and there present to the said Peter Markee a written paper, then and there requesting and persuading him, the said Peter Markee, to sub- scribe his name thereto ; then and theie stating to the said Peter xMarkee 5 06 [ Senate Doc. Xo. 180. J that the same j)aj)or was diawn up by him, the said Jolm Baker, and otheis rcsidini: in the Madawaska i^cttlenicnt, in the parish aforesaid, and county aforesaid, with an intent theie!)y to bind those who subscribed the same paper to defend one another against any act of a British officer, civil or Hiilitary, and not to allow the British laws to be put in force anion<^ them in the said Mada\vaska settlement aforesaid, (to wit, in the pari^h albrcsaid and county aforesaid,) he, the said John Baker, then and there declarins; that the British Government, meaning; the (sovern- nient of our said lord the King, had no right to exercise any authority over the inhaljitants of the said settlement, and that the Government of the United States of America would j)rotect him, the said John Baker, and others, his confederates as aforesaid, in what they were then doing: And that he, the said John Baker, in order further to perform, perfect, and effect, his malicious, factious, and sedi'tious intentions and designs aforesaid, afterwards, to wit, on the eighteenth day of the same month of July, in the yeai- aforesaid, at the parish aforesaid, in tiie county afore- said, endeavored to opj)oso and obstruct the postman then and there having the custody and carriage of his Majesty's mail to Canada, in the prosecution of his journey witli the same mail, he, the said John Baker, then and there declaring, with a loud voice, in presence and hearing of divers of the subjects of our said lord the King, that P'ngland had no right to send her mails by that route, (meaning through that part of the said jiarish of Kent,) and that he, the said John Baker, had received orders fiom the said Government of the United States to stop the con- veyance of the said mails through the same, to the derogation, great damage, diminution, and prejudice, of our said lord the King and his pre- rogative, in very great contem[)t of our said lord the King and his laws, to the evil example of all others in the like case offending, and against the peace of our said lord the King, his crown, and dignity. Whereupon, the said Attorney General of our said lord the King, who for our said loid the King in this behalf prosecutes for our said lord the King, prays the consideration of the court here in the premises, and that due process of law may be awarded against the said John Baker, in this behalf, to make him answer to our said lord the Kinjr touchinir and con- cerning the premises aforesaid. T. WETMORE, AWy pro Dom. Reg. Gen. No. 3. Copies of report <>/ Jiislicr Morehouse, and other documents relating to the riot (imt rescue of James Bacon. Kent, August 22, 1827. Sir : A few doys stibsetpient to my in(|uirii'S into the late conduct of American citizens in Madawaska, application was made to me by one Phineas \l. lloll'ord, for a capias to hold James Bacon, one of the ling- Icaders in their iclractory conduct, (o b;iil for debt. I issued the writ, and the constable, .loseph Sanlai;on, has this day made report to me, [ Senate Ucjc. No. 130. J 67 that he served it on Hacon, but that Bacon was rescued and taken out of his hands hy a |)arty of Americans, about twelve in number, all armed with muskets and swords, who ordered him to t^o about his business, and threatened to take his life if he returned, as well as the person who ap- plied for the writ ; thus putting; in execution their threats, that they would not allow the laws of England to be put in force amonf^st them. From this flagrant conduct of them, I shall not attem[)t to issue any more writs against them until they are reduced and compelled to adopt a tnore friendly line of conduct towards us, as I conceive that sending constables among them will be running an unnecessary risk of their lives. 1 have the honor to be, sir, your most obedient servant, GEORGK MOREHOUSE. Thomas Wetmore, Esq. New Brunswick, York, ss : Joseph Sanfa9on,of Madawaska, and one of the constables of the par- ish of Kent, in the county of York, and Province of New Brunswick, niakcth oath and saith : That having a capias to hold to bailjamcs Bacon, an American citizen residing in M;idavvaska, at the suit of Phineas Rey- nold Hofford, deponent proceeded for that purpose to the residence of the said James Bacon, in Madawaska, on the morning of the eleventh of August last, between the hours of seven and nine o'clock, A. M., when deponent took the said Bacon prisoner, and demanded bail. That Bacon declared he would not submit to the authority of that writ ; but immediately sent a man to bring John Baker, and others, to rescue him. That the said John Baker, an American citizen resident there, came^ armed with a sword, and with him a party of men, American citizens, to wit : John Schoedder, armed with a musket, Walter Powers, Nathan- iel Bartlett, Daniel Savage, Isaac Jones, and John Baker, jr., all armed with clubs, as well as others, American citizens, unknown to this depo- nent. That John Baker, Nathaniel Bartlett, and Daniel Savage, acted as leaders in the fray, and encouraged the others to assist in rescuing Bacon ; that they demanded of deponent to give up his prisoner, and on his refusal so to do, stepped forward and by force took him away ; at the same time they formed a ring, putting Bacon in the midst of them, and declaring that if it was a writ from the United States they would submit to its authority, but that they had bound themselves not to submit to the laws of England. That John Baker addressed himself to this deponent in most violent language, thieatening to take his life for attempting to serve that writ; when this deponent, finding any further attempts to do his duty useless, desisted, and went away. JOSEPH SANFACON. Sworn before me, at Kent, this 9th dav of November, 18-27. GEORGE MOREHOUSE, Justice of the Peace. «S I Senate Doc. No. 130.1 VoKK, ss : IMiiiieas Reyrn^lti [{offord, of the town or parish of Kent, in the county ol" \ oik, niakeih oath and saith : 'I'hat James Baijon, oi" the town or parish i>f Kent, in the said county of York, is justly and truly indebted unto this deponent, in the sum of five pounds of lawful money of New Bruns- wick, over and above all discounts ; and that he, the said James Bacon, IS about to abscond or depart from this county, as he the deponent is informed, and verily believes ; and that he, the deponent, will be in danger of losing his said debt, unless the said debtor be held to bail for the said sum, so due as aforesaid, in an action which the deponent is now about to commence for the recovery of the same. PHINEAS R. HOFFORD. Sworn before me, this 9th day of August, J827. GEORGE MOREHOUSE, Justice of the Peace for the countij of York. YoKK, ss : George Moiehouse, Esq., one of his Majesty's justices of the peace in and for the county of York : To either of the constables of the town or parish of Kent, in the said county, greeting; You arc hereby commanded to take James Bacon, if he shall be found in your parish, and him safely keep, so tliat you may have his body before me, at my otfice in Kent, in the said county, on day, the day of August, to answer Piiinoas Reynold liof- ford, in an action for debt, in the sum of five pounds, and have you then there this precept. Given under my hand and seal, at Kent, this 9th day of August, in the year of our Lord one tiiousand eight hundred and twentv-seven. GEORGE MOREHOUSE, Justice of the Peace. Take bail for £5 0.s. Od. No. 1. Infomiation and process against John Baker ^ for trespass and intrusioji. In the Supreme Court. Exchequer side. YoKK, to xrit : Be it renjemberod, that Thomas VVetmore, Esq., Attorney General of our .sovereigr» lord the King for this his Majesty's l^rovince of New Bruns- wick, who prosecutes for our said Lord the King, comes in his own piop(;r pei.>5un into tiie court ol our said lord the King before the jus- tices of our said lord the King at Fredcricton, on the seventeenth day of Se])t»inbcr, in the eighth year of the reign of our sovereign lord the now King, and for our said lord the King gives the court here to under- slaiii!, and be informed : That whereas a certain tract or parcel of land, situate in the parish of Kent, in the county of Yoik, in the said Province, [ Senate Doc. No. 130. 1 69 and lying on both sides of the river St. John's, between the mouth of the Madawaska river and the river St. Francis, and containing in the whole fifty thousand acres, in the hands and possession of our said lord the King on the fiist day of February, in the first year of his reign, and be- fore and continually after, was and of right ought to be, and yet ought to be, in the right of his Imperial Crown of the United Kingdom of Great Britain and Ireland, and as part of the dominions of our said lord the King in this Province, and for so long a time as there is no remem- brance of any man to the contrary, has been in the possession of the said lord the King and his predecessors, the Kings and Queens of Great Britain and Ireland, and a part of the dominions of the said Crown. Nevertheless, one John Baker, of the parish aforesaid, in the county aforesaid, farmer, the laws of the said lord the King in no wise regard- ing, but intending the disherison of the said lord the King in the premises, on the first day of February, in the second year of the reign of our said present sovereign lord the King, and on divers days and times before and since, with force and arms, and without any lawful authority, in and upon the possession of the said lord the King of apart of his said lands, to wit : One hundred acres thereof, lying on the westerly side of the Land Turtle, or Mereumpticook river, a branch of the said river St. John's, at the parish aforesaid, in the county aforesaid, intruded and en- tered, and erected and built thereon a certain house, and other edifices, and cut and felled divers, to wit : five hundred timber and other trees thereon standing and growing, of the value, together, of one hundred pounds, and took and carried away the timber and wood arising from the said trees, and of his own will disposed thereof, and the issues and the profits of the same land coming, received, and had, and as yet doth re- ceive and have, to his own use, and still holds and keeps possession of the same lands. And the said trespass aforesaid hitherto and yet con- tinuing, to the great annoyance of our said lord the King, in contempt of our said lord the King, and contrary to his laws and against the peace of our said lord the King: Whereupon, the said Attorney General of our said lord the King, for the said lord the King, prays the advice of the court here in the premises ; and that the aforesaid John Baker come here to answer the said lord the Kiny; in the premises. T. WETMORE, Attorney General. George the Fourth, by the grace of God, of the United Kingdom [l. s.] of Great Britain and Ireland, King, Defenderof the Faith, &c., to John Baker, Greeting : We command you, firmly enjoining that, laying aside all excuses what- soever, you be in your own proper person before the Justices of our Su- preme Couit of Judicature for oui- Province of New Brunswick, at Fied- ericton, on the second Tuesday in October next, to answer to us of and concerning certain matters which on our behalf shall be then and there objected against you. And this you are by no means to omit, under tho penalty of one hundred pounds, which we will cause to be levied on your 70 \ Seiialc Dor. No. 130. J gi'oils and chattels, lands and tenement.-;, to our use, it' you neglect to olivY iliis our present command. Witne.ss: JOHN SAUNDERS, Esq., Our Chief Justice at Fiedericton, the seventeenth day of September, in the eightli year of our reign. Bv tlie Justices : [indorsed] ' PUTNAM. At »he suit of the Attorney General, for trespass and intrusion on the crown lands. T. WETMOHE, Attorney General. September 17, 1827. No. Currespondence^ &fc.^ relalAig to the intrusions of Nathan Baker and others^ in 1818. St. John's, December 29, 1818. Sir : Some short time since, the enclosed letter was forwarded to me by the honorable Judge Bliss, from a Mi'. Du Perree at the Grand Falls, stating that some Americans had recently set themselves down at the Madawaska settlement, on the plea that the ground belonged to the Uni- ted States. A c()})y of ^Iv. Du Perrec's letter has been shown to our minister at Wasliington, by Colonel Barclay, and I now send you a copy of Mr. Bagot's communication on the subject, and from a consideration of which I have to request that you v» ill take immediate steps to get more particu- lar information fiom Mr. Du Perree, and further act in the affair as you may judge legal and expedient. 1 have to request to be acquainted, from time to time, as to the exact state of (his transaction. I have the honor to be, sir, your humble servant, G. S. SMYTH. The Hon. Attorkey Geneual. Washington, December 8, 1818. Sill : I received on the -Ith your letter of the 2d instant, and have since had an oppoitunity of speaking upon the subject of it with Mr„ Atlams. Fiom my conversation with him, 1 have every reason to he assured that the American Government will readily take whatever measure may be necessary to prevent the occupation of American citizens of any part of the tcriitoiy, which, until otherwise decided by the commissioners' [ Senate Dot-. No. 180. ] 71 of boundary, 1*3 considered to he ours; I)ut Mr. Adams appears to think that the poisons referred to in Mr. Dn Pence's letter to Jud^e Bliss, arc, in reality, what are called s(juattets, and must be dealt with accord- ingly- In this view of the subject, it appears to me that the Governor of New Brunswick need not scruple to displace them by whatever is the ordinary process resorted to against persons of thisdescriptioti ; and if tlieir names can be ascertained and communicated to me, this (jovernment will not delay to request the Governor of Massachusetts to take such steps in respect to them as may depend upon him. I have the honor to be, sir, your most obedient servant, CHARLES BAGOT. Col. Barclay. [translation.] Madawaska, September 5, 1818. Sir: After paying you my best respects, I shall be very glad if our jurisdiction be enforced as usual iii Madawaska, because there are sev- eral American families arrived amongst us, from the Kennebeck river, who would induce many of the inhabitants of this district to believe that the jurisdiction of the United States is in force, and that of New Brunswick not, wliich 1 do not believe ; and I hope tliat your honor will be pleased to have me in your consideration relating to this matter. 1 have the honor to be, sir, your obedient servant, P. DU PERREE. Hon. J. Murray Bliss. Fredericto.v, January 8, 1819. Sir : Your letter to the honorable Judge Bliss, of the 5th of last Sep- tember, stating " that some Americans had recently set themselves down at the Madawaska settlement, on the plea that the ground belonged to the United States," having been sent by him to his excellency the Lieu- tenant Governor, and a copy of it shown to his Majesty's envoy to the United States, and a conference had thereon with the Secretary of State of that Government, I have leceived the Lieutenant Governor's com- mands to get more particular information from you on the subject, and to take such steps in the affair as maybe legal and expedient. I must, there- fore, request that you will, as soon as possible, inform me of the names of any American citizens who have within the last eight months taken up their residence in the Madawaska settlement, or anywhere in the neighborhood of it, to the westward of the line of experiment lately run across the river St. John's, and the particular places where they may have set themselves down, and the time when, and whether on ungranted lands bought from individuals, and from whom ; and, also, whether any surveys have been lately made by any American surveyors on the .Madawaska or St. John's rivers, to the westward of the said line, fn short, I must beg of you to give me the fullest and most particular infor- 7 2 f Senate Doc. No. 130. | mation ofany atte:nj)t that has been, since the running of that h'ne, made by any Ameiicans to encroach upon that part of his Majesty's territory; for. until it is otheiwise decided by the commissioners of boundary, the ^vhole of the river St. John's, and of course the ^Jadawaska river, must be considered as belonging to his Majesty. 1 am, sir, voui- most obedient servant, THOMAS VVETMORE, Attorney General. To Capt. Peter Du Perree, Madawaska. Mal)av,aska, February 20, 1819. Honored Sir : In answer to your letter of the 8th January, I have sent yoH a particuh'ir account of the Americans who have taken up their resi- dence in the Madawaska settlement. Captain Nathan Baker came to Madawaska twelve months ago. At that time he wished to introduce the laws of the States ; brought a magistrate along with him from the States, (o form a corporation, aiid desired my concurrence. I told him \ would have nothing to do with such matters before the line was settled between tlie British Government and the States. I likewise told the rest of the French settlers to have nothing to do with him about such matters, which they did. In August last he brought his wife and family from Kennebeck river, and took up his residence in the upper settlement of Madawaska, and built a house. In the beginning of October he began to lumber, and, with five men, took a range for wood through ten lots, on all M hich there are settlers, and some of them established fifteen years ago, and have made considerable improvements. Some of the inhabitants forbade him to cut wood upon their lots ; he said it did not belong to them, but to the States. He has already about ten or twelve hundred t'liis of timber, a great part of which 1 saw, on the 19th February, upon the banks of tlie river St. John's, on the north side. He appears to me to be a man who takes much upon him. In August last, Captain Flecher came from the States, and entered into partner ship with him in the lum- ber trade. John Herford came fiom the States with his wife and family, at the same time, and took up his residence in the up[)er settlement of Mada- waska, built a house, and is carrying on improvements on his land. Like- wise, his sou George Herford, with his wife and family, settled beside his father, and built a house, and improving his land. About three months ago they came down to make shingles, at the mouth of the Madawaska rivei-, upon the land belonging to the Indians, but will return to their set- tlements, when the river opens, to plant. In the last of Sci-ptember, Es- rjuir(-' Johnson's son, one of the American suiveyors, made a survey upon the north side of the river St. John's, beginning at the mouth of the Mad- awaska river, up to the river St. Francis; he measured the French set- tlement at the same time. If you want any inore information resj)ecting these or other matters, I shall be happy to give you all the information in my j)owcr. lam, honored sir, your mo.st obedient servant, P. DU PER KEF, Thomas Wet.more, Esq., Captain of I lie Militia. Attorney General, Fredericton. [Senate Doc. No. 13o. ] 73 No. G. Letters to Sheriff Miller^ report to the Lieutenant Governor^ and hU ExcellQncy\s' approval of the course pursued by the Attorney General, KiNGswooD, September 13, 1827. Sik: Upon my arrival here last night, I was much surprised and a lit- tle ahirmed at the intelligence I received, of the niannor in which the sheriff had commenced his journey up the river, to perform the service required of him in regard to the execution of process on the Madawaska intruders ; and I this morning early despatched my son Robert, in pursuit of him, with a letter, of which I beg to trouble your excellency with a copy. That letter reached him at the distance of about eight miles from town. The effect it produced will appear by the certificate thereon en- dorsed. A few moments' consideration led to the conclusion that my duty was not discharged until I had used my utmost exertion to put a stop to the execution of a project which I was very apprehensive might produce se- rious mischief, and greatly embarrass your excellency in any attempt at explanation, why, instead of only two or three attendants, the sheriff should have proceeded with a party of sixteen men, armed and equipped as a military body. I therefore wiote another letter to the sheriff, which overtook him at the distance of about twenty-two miles from town. To a copy of that letter, and the certificate thereunder written, I crave leave also to refer your excellency. The sheriff intends, as my son informs me, to proceed in the morning, on horseback, in the way poiHted out in my letter of the 7th instant. The steps which 1 have taken, although they maybe disapproved of by some, will, I hope, be considered by your excellency to be such as could not have been omitted, under existing circumstances, without a neglect of my duty. I have the honor to be, with great respect, sir, your excellency's most obedient and very humble servant, T. WETMORK, Attorney General. His Excellency Sir Howard Douglas, Baronet^ Lieutenant Governor and Commander-in-chiefs SfC. No. 7. Copies of letters relating to the conduct of John Baker and others^ and directing an inquiry into the same. KiNGswooD, September 13, 1827. Sir : Being informed, upon my arrival last night from the city, that you had, contrary to the direction contained in my letter of the 7th, pro- ceeded on your journey up the river, with a posse from Fredericton, to execute the process which Mr. Justice Morehouse is requested to issue 74 [ Senate Doc. No. 13o. ] against Baker and (wo others, I have considered it a matter of sufficient itnpoitance to despatch my son express alter you, with this my piotest against that measure, or any other deviation fiom his excellency's com- mat)ds, as expressed in that letter, whicli has received his entire appro- bation. Two attendants will be amply sufficient, and better than three; and those not armed in any unusual way. The process is to be executed in the usual and ordinary manner, and it is committed to you to induce a ready suI)mission to the laws, when can icd into execution by an officer of your rank; and if you make any parade of force, until after you meet will) opposition and iesistancc, you will incur his excellency's gieat dis- pleasure. I have tiie lienor to be, sir, your obedient servant, T. WETMORE, Attorney General. Mr. Sheriff Miller. [Endorsed on the preceding. ^ September \o., 1827. I do certify that 1 did, this day, deliver to Mr. Sheriff Miller a letter, of which this is a copy; and at the same time intimated that his pro- ceeding upon this expedition with so many attendants, and in such a manner, would be acting in direct violation of his excellency's commands; and that it must be upon his own rcspoiisibilily. His reply to me was, that he had taken the advice of the council ; and that, at all events, lie would not now leturn. T. R. WETMORE, Clerk to the Attorney General. KiNGswooD. September 13, 1827. Sir : Finding, fiorn my son's report to me, that you are determined \ to act in opposition to the wishes and commands of his excellency the Lieutenant Covenior, in ihe business which has been the subject of my letter to you of this morning, it becomes my indispensable duty to re- { (juire that you return to me, by the bearer, the despatch which I intrust- ed to your care, addressed to Mr. Justice George JNIorehouse, in my let- ter to you of the 7th instant, as all further proceedings in the alTair must be suspended until his excellency's [)leasure shall l)C known in regard to the extraordinary course you are i)i.irsuing, of which 1 sliall make an j immediate report. , If you withhold that letter, after this requisition, you will reduce me to the necessity of sending an express to Mr. Morehouse, to countermand the directions therein contained. I have the honor to be, .-^ir, your obedient servant, T. WETMORE, Attorney General. MOW.XKI) WiNSLOW MlI.I.KK, 1^S(|., Jligh tSheriJf of York. f Scnule Dor, No. 13(). ] 7 5 ' *. S. As it is his excellency's wish that no time should be lost in per- foiruing the service iii which you are now engn^oti, you are at liberty to proceed, upori condition only that you take with you hut two attendants ; and it appeals to mo that, wure you to ii;o on hois(jh;;ck, you would exe- cute the duty in one-lburtii ol the time. T. W. [Endorsed upon the preceding lettir.] Mr. ShcriiT MiMcM-, upon seeing me, having concluded immediately to return, and having anticipated the nature of iwy errand, I deemed it un- necessary to deliver him the despatch, of which the preceding is a copy ; but read to him such parts of the same as were necessary for his informa- tion, particularly the postscript, by which he was at liberty to retain the despatch to Mr. Justice Morehouse, upon the condition therein stated. T. K. VVETMOKE, Clerk to the Attorney General. St. John's, Sepiemher 18, 1827. Sir : I am commanded by his excellency the Lieutenant Governor to acknowledge the receipt ofyour letter of the 13th instant, and its sever- al enclosures, reporting to his excellency the manner in which the sheriif of York county had commenced his journey up the river, to perform the service required of hi.m, in regard to the execution of process on the Madawaska intruders. His excellency desires me to convey to you his excellency's entire sanction and approbation of the course you have pursued, and of the di- rections which you gave the slieriii'on this occasion, who would have in- curred his excellency's most severe displeasure had he persisted in the manner of proceeding in which it appears he had commenced his journey. I have the honor to be, sir, your obedient humble servant, C. DOUGLASS, Private Secretary. The Attorney General. Fredericton, July 31, 1827. Sir : Youi- letter of the 2Gth to the provincial secretary, enclosing a letter from Mr. Francis Ivice to you, dated 25th instant, having been re- ferred to me by his excellency the Lieutenant Governor, with directions to procure the necessary afiidavits of the facts stated by Mr. Rice, I must request you will be pleased, with the least possible delay, to proceed to the place, and j)ossess yourself of the best proofs of the conduct of Baker and others, whicli you will forward to me under cover to the Secretary. I send herewith a copy of Mi-. Rice's letter for your guidance. You will be particularly careful to ascertain, if possible, whether Baker is acting under pretended authority or not ; an(l procure, if you can, a copy of the paper w'hich has been oflered for signature. 76 [Semite Doc. No. l3o. ] Should Baker or any other person use any violence or force to obstruct (he post, you will of course consider it your duty, upon receiving the complaint under oath, to cause the offender to be arrested and committed to jail, unless he gives satisfactory security for his appearance at the next supreme court, to answer to the charge. 1 must beg you Avill furnish me with a sketch or general description of the lands which Baker or any other Amciican citizen is in possession of, in the neighboriiood of Madavvaska, and the length of time they have possessed the same. I have the honor to be, sir, your most obedient servant, T. VVETMORE, George Morehouse, Esq. Attorney General. No. 8. Copies of Justice Morehouse'' s report, ivith affidavits of Peter Markee and others, and a list oj American citizens settled in JSladawaska. K-EisT^July 26, 1827. Sir 4 I have the honor to enclose a letter addressed to me by Mv. Francis Rice, adjutant of the Madawaska militia, by which you will see the American subjects residing in that settlement are disposed to acts of aggression, which his excellency may think |)roper to take measures to put a stop to. I therefore request that you will lay this before his excel- lency, for his consideration. I have the honor to be, sir, your most obedient humble servant, GEORGE MOREHOUSE. \V. F. Odei.l, Esq., ^c. Grand River, Madawaska, July 25, 1827. Sir: Having commenced, Saturday, 21st instant, the militia company training, and finding some disorder amongst the people, occasioned by Baker and others, in the upper settlement, I find it my duty to let you know as much as I am informed concerning them. In the first place, they have a written document, wherein they say they have authority from the States, to have it signed by the French people of Madawaska. This they have proposed to many of the inhabitants, and I am sorry to say they have persuaded some of them to sign it ; the name of one of the signers is Abraham Chamberland. Baker is the head man. All this can be proven by oath. In the second place, Baker met the post- man, and abkod him what he had got with him ; he (old him it was the Province mail. 'I'hon Baker (old the post that he had orders from the States to stujj it. The man told him tliat if he was a better man than him, to try and take it Baker answered and said, he would let it pass for this tinie ; but, at a future period, he would put his orders in execu- tion. Sir, if this Bal;(!r and others are not stopped immediately, they will cor- f Senate Doc. No. V^O. ] 77 rupt a great part of our militia. You have licard of the liberty-pole they have raised in this settlement. I need not t^ivc you any informa- tion as to that; anything strange that may happen in this place 1 will trouble you with the shortest notice. 1 am, sir, with j>;rtatest respect, your humble and obedient servant, FRANCIS RICE, Adjutant. New Brunswick, York, ss : William Feirio, of Madawaska, in the parish of Kent, county of York, and Province of New Brunswick, maketh oath and saith : That by an invitation from John Baker, an American citizen, who resides in Mada- waska, he, the deponent, went to the said Baker, on the fourth day of July last, one thousand eight hundred and twenty-seven ; that Baker and the other American citizens then raised a llag-stafl', and placed the American flag thereon; that the said Baker then declared that place to be American territory, which he repeated to this deponent and other French settleis then there, and that they must, for the future, look upon themselves as subjects of the United States, who would protect them and him in what he was doing. WILLIAM FEIRIO, his + mark. Sworn before me, at Madawaska, in Kent, this 8th day of August, 1827. GEORGE MOREHOUSE, Justice of the Peace. New Brunswick, York, ss : Peter Sileste, of the Madawaska settlement, in the parish of Kent, and county of York, in the Province of New Brunswick, maketh oath and saith :' That on the 18th day of July, one thousand eight hundred and twenty-seven, as this deponent was proceeding up the river St. John's, in charge of the mail for Canada, one John Baker, an American citizen, who resides in Madawaska, met him near the Chapel, when the said Baker demanded of this deponent what he had in his canoe ; on being told by this deponent it was the mail for Canada, the said Baker then declared that England had no right to send her mails that route ; and that he (Baker) had received orders from the Government of the United States to stop them ; but on the deponent^s saying that he should not have that mail without he was a better man than deponent, he (Baker) Uaid it might j)ass for that time, but for the future it should not, as he was determined to put the orders of iiis Government into execution. • PETER SILESTE, his + mark. Sworn before me, at Madawaska, in the parish of Kent, this 9th day of August, 1827. GEORGE MOREHOUSE, Magistrate for the county of York. 7S [ Senate Doc. No. 13u. J New FjRUNswrcK, York, ss : Abroham Chambciland, of (he Madawaska settlement, in the parish of Kent, and county ol' Voik, in the Province of New Brnnswick, iiiaketh oatli and saith : Tliat on or about tlie fifteenth day of July, one thousand eight liundred and twenty-seven, one Charles Studson, an American citizen, residing in iMadawaska, presented a written paper to deponent, and asked him to sign it ; that deponent asked him the con- tents of the said paper, when the said Studson informed him that, by that jiaper, (hey bound themselves to oppose the execution of the laws of EngU\nd amongst them in Afadawaska, and that his Government, the United States, would protect them in what they were doing. ABRAHAM CII.\MBERLAND, his -f mark. Sworn before me, at Madawaska, in the j)arish of Kent, and county of York, this 7lh clay of August, 1827. GEORGE MOREHOUSE, Justice of the Peace f 07' the county of York. Nev/ Brunswick, York^ ss : Peter Markce, of the Madawaska settlement, in the parish of Kent, and county of York, in the Province of New Brunswick, makeih oath and saith : That on or about the fifteenth day of July last, one thousand eight hundred and twenty-seven, three persons, John Baker, James Ba- con, and Charles Studson, American citizens, residing in the Madawaska settlement, came to this dc|)onent, and presented a paper to him, to sign his name tliercto. That on deponent asking them the contents of it, ihey declared that it was a document drawn up by them and others re- siding in Madawaska, the intention of which was, that they bound them- selves to defend each other against any act of a British officer, civil or military ; that they did not intend to allow the British laws to be put in force auiongsi them in the Madawaska settlement; that the British Gov- ernment had no right to exercise any authority over them, as that was American territory, and the Government of the United States would juotecl them in what they were doing. PETER MARKEE, his + mark. Swoin before me, at Kent, in the county of \'ork, this 7th day of August, 1827. GEORGE MOREHOUSE, Justice 0/ the Peace for the county of York [ Senato Doc. No. 130. J 79 After getting the alTidiivits of some of the French settlers, I went up the river to where there is a settlement forming by Americans, and en- deavored to get in my possession tlie paper which had been olfered for signatures, but fcund that quite out of the question ; they pointedly re- fused to let me see it. As soon as it was known that 1 was in their set- tlement, Baker and others hoisted the American flag as a token of defi- ance ; I ordered him to pull it down, but, instead of complying, Baker, as their organ, made the following declaration : That they had hoisted that flag, and they had mutually entered into a written agreement to keep it (here; and that nothing hut a force superior to their own should take it down. That they considered, and had a right to consider, themselves on the territory of the United States; and that they had bound themselves to resist, by force, the execution of the laws of Great Britain amongst them ; and that they had a right to expect and would receive the protection and support of their Government in what they were doing. it seems the flag in question was first raised on the 4th of July last, when Baker, a few days previous, personally invited the most of the French settlers to join them in that act ; but I am happy to have it in my j)dwer to say that but few complied. I find they are using every argument to induce the French people to declare themselves American subjects ; and 1 fear, if those fellows are not well looked after, they will eventually succeed in their designs, for I find their insinuations have aheady had the eflect to throw some of the people in doubt whether they are to consider themselves British or American subjects. And 1 trust that his Majesty's Government vill speedily take such measures as will convince the French settlers of Madawaska that the Americans have no right to act as they do, and crush this banditti ; for 1 feel convinced, that unless this transaction is promptly followed by some other to suppress them, that the French, it is more than probable, will shortly consider us the intruders. I herewith send the affidavit of the postman whom Baker was said to have stopped, vrhieh will show what passed between them ; also, a list of American citii:ens settled on the river St. John's, above the French set- tlements. 1 have the honor to be, sir, your most obedient, GEORGE MOREEIOUSE. Thomas Wetmore, Esq. List of American citizens in possessioji of lands in Madawaska, quantity, ^-c, James Bacon, on the lower or southeast side of tlie Mereumpticook creek, fronting the river St. John's, one hundred acres, deeded to him in 1825, by James Irish and George W. Coffin ; settled nine years. John Baker, on the upper or southwest side of the creek, one hun- dred acres, deeded to him by Coffin and Irish ; settled nine years. Charles Studson, joining Bacon, on the lower side, one hundred acres ; settled three years. Mathias Acorn, joining Baker on the northwest, settled one year; in possession of one hundred acres. 80 [ Senuto Doc. Xo. 130. ] John Scheodder joins Acorn on tlio west, in possession of one hun- dred acres; ^cttled two years. Steplien (iroxer, joining Scheodder on the west side ; one year settled ; one hunched acres. JoliM lloilord, ahout two miles ahove Crover's ; settled ten years. Oakes, about three miles above the Mereumplicook, on the southwest side of the river St. John's, in possession of one hundred acres; three years settled. John lloilord, about five niilcs above Fish river, two hundred acres ; settled ten years. Fish river empties into the St. John's, on the southwest side, about five miles above the Mereumj)ticook. John Hoflbrd, junior, joininj; the last-mentioned on the west side, one hundred acres; settled one year. Samuel Ilofford joins John HofTord, junior, on the west; settled one year; one hundred acres. Piiineas Reynold Holl'ord joins Samuel HofTord on the west side ; set- tled uine years. Isaac Jones, in possession of an island about eight miles above Fish river. Jacob Goldtiirite, in possession of an island lying near that in posses- sion of Isaac Jones. David Esansey, in possession of a lot about five miles above Fish river ; two years settled. Nathaniel Bartlette and David Savage, jointly, in possession of 500 acres, at Fish river, the lands on which the mills are built, and that ad- jacent. P. S. The Mereumpticook is a creek or small river; empties into the river St. John, on the east side, about fifteen miles above the Madawaska river. GEORGE MOREHOUSE. No. 9. Copxi of Justice Morehouse's report to the Attorney General^ and of the affidavit of McNiel^ the constable^ relating to a riot and rescue, ^c, on the river Aroostook. Kknt, September 20, 1827. SiK : Stephen McNiel, one of the constables of Kent, came before nie this day, and made a deposition respecting the treatment he has met with,, fro'ii the .\ioostook settlcis, in thf execution of his duty as aconsfable. lie had a w rit again.st the proj)ei ly ol ()n(> .Joseph Arnold, an Aroostook set- tler, which he served, and was proceeding ly with their de- jnand. They then released McNicl and sent him o(i", dechuing that they were American citizens, and they would not allow the laws of Cireat Britain to be put in lorce against them or their property ; and that (hey would take the life of any sIieriiT or constable that should attempt to come amongst them af2;ain. In consequence of this outrageous and hi^^h- handed conduct of theirs, I shall desist from sending any constable amongst them until I hear from you on the subject. Their names are given in McNiel's deposition. The most of them aic British subjects, lemoved from diiferent parts of this Province to the Aroostook. Dalton, Stewart, and Morton, are known to be American citizens. I beg you will i)e pleased to lay this before his excellency the Lieu- tenant Governor, for his consideration. I have the honor to be, sir, your most obedient servant, GEORGE MOKEHOUSE. William F. Odell, Esq. York, to toil : Stephen McNicL one of the constables of the parish of Kent, in the said county of York, maketh oath and saith : That on Monday, tiie I7th day of this present month of September, 1S27, he proceeded up tbe Aroostook river to serve a writ on Joseph Arnold, and also to seize property of tlic said Arnold. 'I'hat having taken, by virtue of the said authority, a cow from him, proceeded down the river, to William McCrea's, where he put up for the night. That between the hours of seven and nine o'clock iu the evening, ihiiteen men, ( settlers on the Ai oostook, ) armed with fusees, followed, and there overtook deposient, vvhcn they demanded of him io restore the cow, and give himself u{) as a piisoner, which he was com- jielled to do. That they then sent ofl" two of their party, to collect more of the said settlers to their assistance, and also to bring to them one Lewis Johnstone, whom they said to deponent that they had nominated a magistrate, and that if he would give a mittimus to cany him to jail, in the State of Maine, they would carry him there ; but Johnstone refusing to do so, they then released deponent, and desired him to go home, ar,d, at his peril, never to come there as a constable again, nor any other per- son under the authority of the British laws, as they considered them- selves American subjects, and were determined to not to submit to the laws of England, but would resist them by force. That the party who came armed against him are as follows: Joseph Arnold, Willian^ Dalton, Seth Stewart, Peter Bull, Joshua Christie, Thomas Beckwith, John Beckwith, Ferdinand Armstrong, Thomas Feeby, William Brown, James Rau, Morton, and John RalFord. STEPHEN McNIEL. Sworn before me, at Kent, this 20lh day of September, 1827. GEORGE MOREHOUSE, Justice of the Peace. 8 2 [ SL'n::(e ])()C. No. l30. J No. 10. Ciypics of letters from the Attunuij General to Sherijf' Miller and Justice More/iou-sc, relating to the issuing and service of in' oc ess on Baker, Bacon, and Studson. St. John, September 7, 1S27. Sir: His excellency, having had under consideiation your report to me oj" the lllh ultimo, and the atlidavits accompanying the same, has deemed it expedient to direct that legal ste|)S should he immediately taken against Baker and others, lor the high misdemeanor committed hy thorn, and that the high sherill should in j)erson execute the jnocess. 1 send to you, herewith, copies of the athdavits, and a wariant, which the Solicitor General and mysell aie oi oj)inion the leport and atiidavits will justify you in issuing. When the defendants arc arrested, you will jdease lo offer to take hail for their appearance at the next supreme couit, to answer to the charge, and in the mean time to keej) the peace, and to he of good hehavioui'. 1 think they should each he hound in i^i(K), wiiii two suieties, each in £50. Perhaps your accompanying the sherill" up may save time and trouble to both of you. It will be advisable Tor you to renew the process wliich the constable was prevented from executing, and the sheriil" will see it duly executed ; and perhaps you may hnd it expedient to issue other wariants against those who oppose the constable, and lor other bleaches of the peace, of which you must be the judge. i have the honor to he, sir, your obedient servant, T. WETMORE, Attorney General. George Morehouse, Esq. St. John, Septejnber 7, 1827. Sir : lla\ ing received the commands of his excellency (he Lieutenant Go\ crnor, to carry into elfcct a certain course of proceedings against John Baker and other American citizens, for violently opposing and resisting his Majesty's authority and the execution of the laws in the upper j^art of the parish of Kent, and attempting to seduce his Majesty's subjects there to depait from their allegiance to his Majesty, I have written to Mr. Justice George Morehouse to issue his warrant for the arrest of the otfenders ; which warrant his excellency the Lieutenant Governor now deems it expedient should be delivered to you, to be executed in j)erson, on Jiccount of the lesislance which it is supposed may be made. In the performance of this service it will be advisa!)le lor you, while acting with firmness, to he careful lo use no more force than will be ne- cessary for the executi'in of the wariant. Two or three attendants will be (piite sulhcient to take with you from Fiedericton, as you can ol)lain as much assistance as will !)e recjuired in the neighborhood of Madawas- ka ; and it is very desiral)le that ihe service siiould be performed (juietly, an future period annoy them, as well as for asset ling their claiju to (he whole country, and appropriating it to them- selves or the British Government, they fitted out a small expedition, under Sir Samuel Argall, to dislodge the French in Acadie. Sir Samuel dislodged the French at Mount Desert, destroyed all which De Monts had left on the island where he first wintered, and captured the French at I^irt Royal. Some of the French went to Canada, and some united with the natives. The oxj)editioH was atteniled with no important lesult, furlhc r than it prohably suggobled to Sir William Alexandev the idea of (•blaining a grant of the; country ; and, therefore, after companies had in Ermlaiid obtained grants of various parts of North America, to which they gave their favorite names, such as Virginia and New England, he obtained a grant, which, from its relative situation to New England, or to perpetuate the name of his native country, he called Nova Scotia.* 'i'he grant was made in IU21, by .lames 1., and contained " all the lands of the continent, from Cape Sable, thence along the coast of St. * See .Appendix. [ SeniUc; Dor. No. 171. ] 89 Mary's bny ; thence across the bay of Fuiidy to the i ivoi' St. Croix, to its remotest spring liead ; tlicnce, by an imaginary line northward to the river St. Lawrence ; thence, by ihe shores of tiie river, to tlie haven* or shore commonly called Gaspe, and thence southward, &c. Sir William seems to have engaged with some zeal, and incurred great expense in fitting out two vessels to take possession of and settle his grant ; but all his eliorts produced little or no eftect, and he abandoned it, and, in 1G30, sold a part or all of" his grant to La Tour, a subject of France. In the year 1628 or 1G29, Canada and Acadie were both captured by the British, and were restored, in 1632, by the treaty of St. Gcrmains. In 1652, the British fitted out an expedition, and took possession of Penob- scot, St. John's, Port Royal, and several other places. In 1655, a treaty of commerce was entered into between the French and British, and the question of title to Acadie was referred to commissioners. In 1GG3,| Charles II. granted to his brother, the Duke of York, the country called the Duke of York's Territoiy, next adjoining New Scot- land, and extending from the river St. Croix to Pemaquid, and up to the river thereof to the furthest head of the same, as it tendeth northward ; and extending thence to the river Kvmbequin^ and upwards, by the short- est couise, to the river of Canada northward. In 1667, by the treaty of Bieda, Acadie was again restored to France. In 1689, another war broke out, and the following year Sir William Phipps conquered Port Royal and other French ports in Acadie. October 7, 169I,| by the charter of William and Mary, the re^il Prov- ince of Massachusetts Bay was erected, consisting of the former Prov- inces of Massachusetts Bay, New Plymouth, Nova Scotia, District ol Maine, and all the territory between Nova Scotia and the District of Maine and the river Sagadahock, and eveiy part thereof, and the St. Lawience, or great river of Canada. It will at once be perceived that the Piovince of Massachusetts Bay was, in the northern part, bounded west by a line drawn north from the westernmost head of the waters of the Sagadahock, to the river St. Lawrence, north by the river St. Law- rence, east and south by the Atlantic ocean. 7'he charter contained a limitation in the exercise of the granting power, as to all ti)e tract of country lying beyond tiie Sagadahock, but it contained no other limitations to its exercise of sovereign power, which were not contained in all other charters granting powers of or establishing governments. Massachusetts exercised some acts of jurisdiction over Nova Scotia, appointed some civil and other otiicers ; but it being so distant, and she having so many other posts, and such extent of other frontier to defend, and the expense being so great, which she must incur for her protection against the assaults of the French and natives, that she was not solicitous to retain it, and in the course of a fe^v years gave it up, and the Biitish Government made it a separate Province. In 1697, by the treaty of Ryswick, Acadie was again lestored to the French. In 1702, war was again declared between France andGreat Brit- ain, and Acadie, in the course of the war, was again captured by the Brit- ish, and was, in 1713, by the treaty of Utrecht, ceded by the French to the British, by the descriptioii of Nova Scotia, otherwise called Acadie, according to its ancient limits, with some reservations of islands, such as ♦ See Appendix. f Appendix 2 t Appendix 3. 90 [Senate Doc. No. 171. J Cnpe Breton, and the islands in the St. Lawrence, which were not ceded. For many years Nova Scotia or Acadie, thus ceded, seems not to have en2;a<;ed much of (lie attention of the liritiish Government. They did, in 1719, apj)oint Richard Phillips (jovernor,* who, for want of subjects, luul to select his council from his garrison. Tlie French inhabitants lived in a state of independence, without acknowledging the right or authoiity of the British colonial Government; and the object of the British seems to have been to keep possession of the country, to the end that they might hold it, and extinguish the claim ot France. By the treaty of Aix la Chapelle, in 1745, commissioners were provided to be appointed, to settle the boundaries of Nova Scotia or Acadie, as ceded by the treaty of Utrecht ; about the limits of which the British and French could not agree. Colonef Cornwallis was made Governor of Nova Scotia or Acadief in 1749, and cacne with soldiers of the late army and others, between three and four thousand, and settled and built the town of Halifax. Commissioners provided to be appointed by the treaty of Aix la Chapelle were appointed in 1750, and began and continued their dis- cussions for some years, the British contending for and endeavoring to maintain one construction of the treaty of Utrecht, and the French another construction. The discussions were broken off by the war of 1756. The treaty of I^iris of Februaiy 10, 1763, which terminated the war of 175G, ceded both Canada and Nova Scotia to the British, in full sovereignty. At this time the power of the French became extinct, and they never made any subse(iuent effort to regain it. Until this period, although, with the British, Nova Scotia had been the subject of grants, of conquests, and cessions, they always recognised the St. Lawrence as its northern boundary, never extending their claim beyond, or stopping short of it. When Canada became a territory of Great Britain, it be- came necessary for her to establish a government for it; and the King, tor that purpose, by his proclamation of the 7th of October, HGo, among other governments, established the Government of Quebec,^ bounded as follows : " On the Labrador coast by the river St. John's, and from thence, I)y a line drawn from the head of that river, through the Lake St. John's, to the south end of Lake Niiiissim, from whence the said line, crossing the river St. Lawience and the Lake (>hamplain in 15 de- grees of north latitude, j)asscs aloui^ the highlands lohich divide the rircrs that cinptf) themselves into the said river St. Lawrence from those which /all into the sea^ and also along the north coast of the bay des Chaleurs, and the coast of the gulf of St. Lawrence, to Cape Ko- siers ; and from thence, crossing the mouth of (he river St. Lawrence, by the west end of the island Anticosli, terminates at the aforesaid river St. John's." From this (lesoription, it is cvcidcnt that it v. as the intention of tiie Oown, in establishing ibc Province of (Quebec, to embrace within its territory, after passing Lake Champlain, the sources of all the streams which flowed into the St. Lawrence, and for that purpose the most tit and appropriate words are adopted. It cannot be supposed that it was • Appcnd'x 4. I Appt r.dix 5. t .\ppernlix 6. [ Senate Doe. No. 171. J 91 intended, by this description, that the line, as it run eastward from Lake Champhiin, was to pursue a range of mountains, or to run from peak to peak of the Iiighcst mountains between the river St. Lawrence on the one hand, and the AthuUic ocean on the other. The line was the high- lands. What liighlands .•' The Inghlands wliich divide the waters; any land, therefore, of any elevation, whether plains or mountains, hills or dales, which are at the sources of the respective rivers (lowing into the St. Lawrence and the sea, are the highlands by the proclamation intended, and the most apt words are used to describe them. This line leaves all the waters of the Connecticut, Androscoggin, Kennebec, Pe- nobscot, St. John's, and Ristigouche, falling into the sea on one hand, and the streams flowing into the Lake Memphreniagog, and through it into the river St. Lawrence, the Chaudierre, the Quelle, Green, Metis, and many other rivers falling into the river St. Lawrence, on the other. The line, it will be observed, pursues the northern coast of the bay of Chaleurs, and not the middle of the bay ; there cannot be any pretence, therefore, that the river Ristigouche was, within the meaning of this proclamation, a river flowing into the St. Lawrence ; but, on the contrary, it is clearly a river falling into the Atlantic ocean. Prior to this proclamation, the Provinces of Massachusetts Bay and Nova Scotia were bounded north by the river St. Lawrence ; the proc- lamation varied the boundary, by transferring it from the shores of the river St. Lawrence to the sources of the rivers which emptied themselves into it ; and the aforesaid Provinces were then bounded north by the same line, to wit: the range of land, be what it might, high or low, in which the rivers respectively had their sources, leaving the rivers St. John's and Ris- tigouche partly in the Province of Massachusetts Bay, and partly in the Province of Nova Scotia, the sources being in the former, and the mouths in the latter Province. This line has not since been altered, except be- tween Lake Champlain and Connecticut river, where, instead of pursuing the highlands, it was fixed to the parallel of forty-five degrees north lat- itude. The line thus established by proclamation* has often since, by the acts of the Crown and Parliament of Great Britain, been recognised. Oc- tober, 17G3, in the commission of Montague Wilmot, revoking the com- mission to a former Governor, and constituting him to be Captain General and Commander-in-chief of the Province of Nova Scotia, is the following description of boundaiy : "Bounded on the westward by a line drawn from Cape Sable across the entrance of the bay of Fundy, to the mouth of the river St. Croix, by the said river to its source, and by a line drawn north from thence to the southern boundary of our colony of Quebec ; to the northward, by the said boundary, as Jar as the ivestern extremity of the bay des Chaleurs,'''' &c. In the commission to William Campbell,] in 1767, there is the same description of boundaries of the Province of Nova Scotia, and the same are again repeated in the commission to Francis Legge, in 1771. The proc- lamation of 17G3 was faither recognised and confirmed by the act of Par- liament of the 14th of George 111., by which it is enacted, "that all the territories, islands, and countries, in North America, belonging to the * Appendix 8. t Appendix 9. 92 [ Senate Doc. No. 171. ] Crown of Great Britain, bounded on ti)e south by a lino from tlic bay of' Chaleurs, along the highlands which divide the rivers that empty them- selves into the St. Lawrence, horn those which fall into the sea, to a point in forty-live degrees of northern latitude, on the eastern bank of Connecti- cut rivei."* Tiie limits of the several Provinces were the same at the time of concluding the treaty of 1783. The question may well be asked, where was the northwest angle of Nova Scotia, and the northeast ayjgle of the Province of Massachusetts Bay, before the treaty ? Had Nova Scotia two northwest angles ? It has already been shown, by the charter to Sir William Alexander, that the northwest angle of his grant was on the shore of the river St. Lawrence ; and although, by the charter of William and Mary, in 1691, it became a pait of the Piovince of Massachusetts Bay, when it was afterwards sepa- rated from it, its boundaries were the same as before, and its northwest angle still on the shores of the St, Lawrence. Here the angle remained fixed and stationary until 1763, when the boundaries were transferred from the shore to tlie land from which the streams falling into the river St. Lawrence flowed and had their source. Nova Scotia had trierefore but one noithwest angle. Here the line became fixed and permanent, and on this line, and to the northward of the heads of all the streams which did not flow into the river St. Lawrence, w as " the northwest angle of Nova Scotia." \Vhen the boundaries between the Provinces of Quebec and Massa- chusetts Bay weie thus clearly defined, and limited to that range of land in which the streams falling into the St. Lawrence at the northward, and the St. John's at the southward, and continued easterly to the head of the bay of Chaleurs, and southwestwardly to the head of Connecticut river ; and when the boundary between the Provinces of Nova Scotia and Massachusetts Bay were thus clearly defined and limited to the river St. Croix, and a line drawn north from it to the aforesaid range of land, the boundary of the Government of Quebec ; the repeated acts of arbitrary power exercised by Great Britain towards the Provinces comprising the thirteen United States caused them to assert their rights; they main- tained them successfully, and, to terminate the unprofitable struggle, Great Britain ackowledgcd their existence as an independent nation. When their existence as an independent nation was thus secured, it became ne- cessary for the two nations, to pievcnt new and unprofitable contests, to fix and establish boundaries between themselves. This was first done in the piovisional articles of })eace, concluded at Paris November 30, 1782, and by the j)rovisions of that instrument, were incorporated into and became a part of the definitive treaty of peace concluded at Paris September 3, 1783. 'i'he ackiKJwk'dgmc nt of independence, and the boundaries establisii- ed, are described as follows, to wit: '•Article 1st. His Britannic Majesty acknowledges the said United States, to wit : New Hampshire, Massachusett.'^, Khode Island and Provi- dence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Geor- gia, to be free, sovereign, and independent States ; and that he treats with • Appcrnlix 10. ' [ Senate Doc. Xo. 171. ] ci iption then proceeds : " along the said highlands which divide those rivers that empty into the river of St. Lawrence Irom those which fall into the Atlantic ocean." The idea that the words of the treaty require a range of mountains to form the line is totally false and absurd. If the ; commissioners intended to describe a line nursuin'r the highest rantre of loo r^ mountains between the Atlantic on the one hand, and the river St. Law- rence on the other, they would have used the teims fittest for such de- scription, and not have used the words wiiich plainly and distinctly were intended to embrace any height of land, from the lowest to any other el- evation, provided it did divide the waters falling into the river St. Law- rence Irom those falling into the Atlantic ocean. If mountains were found there, they were intended ; if there were no mountains or bills, and the lands only ascended gently iiom the river St. Lawrence, and again descended towards the main stieams falling into the Atlantic, constitu- ting in lact a long and extended plain, from the highest pai ts of which the streams run northwardly and westwardly into the river St. Lawrence, and southerly and easterly into the Atlantic, such a plain is the highland truly intended by the treaty, and the line is on that part of the j)lain from which the waters How in different directions, if the lands are only high enough for the water simj)ly to pass off in different directions, as com- pletely and exactly corresponds with the description in the treaty, and are the highlands truly and eminently intended by it. The tieaty describes but two classes of rivers, as having any connex- ion with this part of the boundaries of the United States, to wit : such as flow into the river St. Lawience, and those which fall into the Atlan- tic. Although the river St. Lawrence itself falls into the Atlantic ocean, it is alludeil (o in a peculiar manner, to distinguish it fiom all other riv- ers, and to place it and its tributary streams in opposition to them, whether they flowed into Long Island sound, Kennebec bay, Penobscot bay, the great Massachusetts bay, the bay of Fundy, or the bay of Chal- curs, or into any other part of the Atlantic ocean. The language of the treaty being thus clear and exj)licit, it leaves no doubt on the mind that by (he highlands of the treaty which divide the waters was intended that range of lands, whether high or low, in which the tributaries of the St. [ Senate Doc. No. l71. | 9 5 Lawrence have their sources, and from which they flow. To search, therefore, for mountain ranges, or for tlie greatest height of hud be- tween (he river St. Lawrence and the Atlantic ocean, to fulfil the terms of the treaty, is absurd and preposterous. In the latter part of tlie arti- cle quoted, in describing the east boundary, the descriptive language of the lirst }>art of the article is nearly repeated : " East by a line to be drawn along the middle of the river St. Croix, from its mouth in the bay of Fundy to its source, and from its source directly north to the afore- said highlands which divide the rivers which fall into the Atlantic ocean from those which fall into the river St. Lawrence." Although, from the French having erected their crosses at (he mouths of various rivers, and having at various times given them names from that circumstance, and the part of the country between the livers St. John's and Penobscot not having been early settled, and seldom visited except for the purpose of traffic with the natives, doubts reasonably might arise as to the true river St. Croix ; still, when (hose doubts were removed, and the river clearly ascertained, a certain point was fixed, iVom which the due north line was to start, and nothing remained but to employ artists (o survey the line and erect its monuments. This seems to have been a point conceded in the treaty of amity, commerce, and navigation, concluded at London, November 19, 1794, and in all the dis- cussions under the 5th article thereof. Upon the clear and explicit language of the treaty itself, before any intelligent and impartial tribunal, the question of boundary and jurisdic- tion might be safely placed, with a perfect confidence in the issue. But the treaty, though definite in its descriptions, and requiring no foreign aid in its interpretation, only adopted the boundaries of Provinces which had been defined, established, and recognised by the Crown and Gov- ertment of Great Britain, in their different acts, from 1621 to 1775; which will appear by a recurrence to the descriptive language contained in the patents, charters, proclamations, and acts of Parliament, before quoted, and nearly in the same ian9;uage. There can, therefore, be no doubt that the ministers of both Governments intended to adopt, and did adopt in the treaty of peace, as the boundary of the United States, the boundaries between the Provinces of Quebec and Nova Scotia, on the one part, and Massachusetts on the other part, which had been es- tablished by, and had long been familiar to, the Government of Great Britain, 'i'his construction, if any further support were necessary, is amply and fully supported by the discussions which led to and the manner in which the boundaries were concluded by the ministers who negotiated the provisional treaty of peace. The negotiation was carried on in form with Mr. Oswald, who advised with Mr. Fitzherbert, the minister to the court of Versailles, but in fact with the British cabinet. Mr. Oswald did little or nothing more, not having authority, than to make such propositions as the British cabinet, from time to tiine, accord- ing to circumstances, commanded, and received such as our ministers made, until near the close of the discussion, when he was clothed with full powersr. A provision in favor of the loyalists was long and ardently urged by the British, and as ardently resisted by our ministers ; the right to the fisheries was urged and insisted on by our ministers, and made a sine 96 f Senate i)oc. No. l7 I. | qua non by a part, and resisted by the Biitish, but finally adopted ; both of whLch topics occupied much time. 'I'he fixinj^ and defining the bound- aries of the United States also occupied much time, and no part or por- tion of it was so diligently examim.d ant! dibicussed as the eastern and northern bviundaiies ol the present State of Maine. The liritish, in the tirst pi icf, insisted upon Piscatatpia ii\er as the eastern limit of the Uni- ted States, then retreated to the Kennebec, and as a last resort would consent to go as far as the Penobscot. During this, as during the other parts of the discussion, messengers were continually crossing and re- ofossing the channel ; among the messengers and aids to the Biitish, the ancient clerk of the board of trade and plantations appeared with volumes of records from that department, from wliich he read whatever there was which tended to show ihc District of Maine, or any part of it, was not before that time v.ithin tiie jurisdiction of Massachusetts Bay. The American ministers, in their turn, produced sundry acts of the colonial Goveinment of Massachusetts Bay, showing the jurisdiction which had been exercised by her, the report of the attorney and solicitor generals, who had, upon the matter being referred to them, decided upon the sun- dry petitions, applications, and claims, made for all the country betv\een the Sagadahoc, (^Kennebec,) and St. Croix; and their decision, after examining all the evidence, was against them, and in favor of the juris- diction of Massachusetts Bay. Also, Governor Hutchinson's report, wherein the right of Massachusetts Bay is discussed, and a volume of the doings of the commissioners at Paris. VVlien the Biitish insisted upon limiting the United States to the Pis- cataqua, the Kennebec, or the Penobscot, the ministers of the United States, or some of them, insisted upon going to the St. John's, but finally agreed to adhere to the charter of i\iassachusetts Bay. That they did do that, most manifestly appears from a comparison of the treaty with the patents, charters, proclamations, and acts of Parliament, hereinbefore quoted. That it was the intention of the commissioners to adopt the boundaries between the Provinces ol Quebec and Nova Scotia, on the one part, and Massachusetts Bay on the other part, was expiessly conceded and admit- ted on the part of the British, in the discussions under the 5th article of the treaty of 1794. It even, if possible, was more than admitted ; it is one, if not the chief, basis ol the whole argument, and was enforced with great ability. The British agent, in his memorial of claim, says : " By the said 2d article, hereinbefore cited, of the treaty of peace, it appears to be clearly intended that no part of the Province of Nova Scotia should be thereby ceded by his said Majesty to the said United States. But that the same Province of Nova Scotui, according to its ancient and former limits, should be and lemain a part of tlu; territory of his said Majesty, as his said Majesty then and before that time had held raid possessed the same." Again, in his argument, he says : " 'i'o facilitate the investigation of the present question, there appears to be ore leading principle that appears to be explicitly established by the very terms of the treaty of peace, and which might indeed be fairly considered as an axiom in the present dis- cussion, to wit : That it iras clcaili/ intended, hij the second article of ike treaty y that no part of the J*rovince oj Nova Scotia should be thereby [ Senate Doc. ^'u. 171. | 97 ceded by his Majesty to the United States. The words made use of in that article will not admit of a diflerent construction, the United States being expressly bounded east by the eastern boundaries of the Province of Nova Scotia. The description of the treaty in this part of the bounda- ries of the United States is as follows : " From the northwest angle of Nova Scotia, to wit : that angle which is formed by a line drawn due north from the source of the St. Croix to the highlands which divide those rivers that empty themselves into the St. Lawrence from those which fall into the Atlantic ocean." Now, if the northwest angle of Nova Scotia, agreeable to these clear and express words of the treaty, is formed by such a north line from the source of the St. Croix to the highlands, that north line and those highlands must be the western and northern boundary of Nova Scotia. And the British agent, in pursuing his argument further, says that, by the treaty of 1763, " all the French possessions upon the continent of North America were ceded to Great Britain ; the Province of Quebec was created and established by the royal proclamation of the 7th of Octo- ber of that year, bounded on the south by the highlands which divide the rivers that empty themselves into the river St. Lawrence from those which fall into the sea or Atlantic ocean^ thereby altering the northern boundary of the Province of Nova Scotia from the southern shores of the river St. Lawrence to those highlands ; theie being no longer any ap- prehension of disturbances from the French, it now became necessary, for the settlement of the country that had been in dispute between the two nations, to ascertain the boundary line between the Provinces of Nova Scotia and Massachusetts Bay." Having quoted in the preceding pages the main documents on which our title rests, theie will not, in the sequel, be a necessity for anything more than general allusions. By a recurrence to the history of that time, it will be seen that the treaties were opposed in the British Parliament, but they were opposed by those who had lately been in power, and op- position to the ministry seems to have constituted the leading objection; so far as the treaty with the United States came in question, the objections raised were, on account of there being no provision in favor of the loyal- ists, and the right to the fisheries being secured to the United States ; but there was no objection to it on account of the boundaries therein pre- scribed to the eastern part of the United States. If the boundaries had not been such as were well known, and familiar from their own records, the variance would have produced scrutiny ; and if any objection could have been raised against it on that account, it would have been brought forward to increase and enforce their other objections. When the river St. Croix had been consecrated by De Monts in 1604, and by its being the first resting place of Europeans, who became per- manent settlers in the northern parts of North America ; and when, from that circumstance, and from the expedition of Sir Samuel Argall, its name found its way across the Atlantic, yet from the imperfect geographical knowledge at that time, the position of it could not have been known to the Europeans, and when, in the prosecution of the settlement of the coun- try, other places became more alluring, and the river St. Croix and the country on its borders did not become the site of any settlement or military post, and the natives were there left to pursue their fisheries and ^the 7 98 f Senate Doc. No. 171. j chase Avilhout molestation, and when, abo, many other rivers on the coast were ai'lcrwaids designated by the same name, and when all the maps prior to the American Revolution were injperfect, it is not wonder- ful that doubts, and serious doubts, aiose as to which river was intended as the boundary between the Province of Massachusetts Bay and the Province of Nova Scotia. Hence, as the river St. Croix was a part of the boundary between the Pro^ inccs, \^hen the settlements on the coast began to approach each other, it became necessary to ascertain the river duly intended, to prevent collision and the conflict of jurisdiction. Before the American Revolution, and as early as the year 1764, it had become the object of the serious research and investigation of the re- spective Provinces. From the researches of the agents of die Province of Massachusetts Bay, made on tlie spot, from the concurrent information of all the natives, and from all the maps in their possession, they were convinced that the river Magaguadavic was the river St. Croix : such was the tradition, and such was the conclusion. It generally was considered and believed in the Province of Massachu- setts Bay, that it was bounded east by the river Magaguadavic and by a line drawn due north from its source to the highlands which divide the riveis that cm])ty themselves into the St. Lawrence from those which fall into the sea ; or, in other words, by a line drawn due norlh from the source of the said Magaguadavic river to the southern line of the Province of Quebec, which had, by proclamation, been cieated the preceding year. The Province of Nova Scotia, on the other hand, believed that the Province extended westward to the river Schoodic, and was bounded west by the east line of the I^rovince of Massachusetts Bay, and north hy the aforesaid south line of the Pio\ ince of Quebec. Impiessed with such a belief, the Governor of Nova Scotia, as the settlements extended westward, and individuals wished for grants of land made them, and from the year 1765 to 177 1, made sundry grants of land, lying between ihc Magaguadavic and the Schoodic rivers. Such were the dilTerent opinions entertained at the commencement of the Revolution, and such they continued to be, when the provisional Ireaty and the treaty of peace were concluded. When the Piovinces were cut asunder, and ceased to be undei' the control of the same general sovereignty, and after the clo.se of the war, the loyalists settled on the eastern banks of the Schoodic, and extended their settlements between that and the Magnguadavic rivers, under the grants of the Piovince of Nova Scotia or the Crown ; the attention of Massachusetts was aroused, and called distinctly to the subject, and the (iovernment, July 7, 1784, passed a " resolve for appointing agents to the eastern |)art of this State, Id inform themselves ol encroachments made by the British subjects, and instructing them how to proceed." The agents were appointed, repaired to the place where the dispute existed, viewed the rivers, and made all such other imjuiries as were within their powei, and became convinced that th(! river M;ig.iguadavic was the river St. Croix of the treaty of 1783. In answer to in(juiiies made by the Lieutenant Governor of Massachusetts, dat(;d Aulevil, near Paris, October 25, 1781, the late John Adams, one of the negotiators of the provisional and th e reaty of peace, says: "we had before us, through the whole negotiation, a variety of maps; but it was Mitchell's map upon which was marked out the whole [ Senate Doc. No. 171. J 09 boundary line of the United States; and the river St. Croix, which was fixed on, was, upon (hat map, the nearest to the St. John : so that, in all equity, j^ood conscience, and honor, the river next to the St. John should be the boundary. I am p,lad the Geneial Court are taking eaily measures, and hope they will j)ursuc them steadily until the point is settled, which it may be now amicably ; if neglected long, it may be more difficult." Massachusetts became confirmed'in her claim, as her inquiries and reseaichcs were extended. She pressed her claim upon the consideration of Congress, and upon the consideration of the Gov- ernors of Nova Scotia and Now Brunswick. Representations were made by Congress to the Government of Great Britain, through the minister of the United States. The different parties, so far from settling the difficulties, probably be- came more and more confirmed in their different opinions. After the organization of the Government of the United States under the constitu- tion, by a resolve passed February 1st, 1790, it was " Resolved, That his excellency the Governor be, and he hereby is, requested to write to the President of the United Stales, in behalf of this Commonwealth, informing him that the subjects of his Britannic Majesty have made, and still continue to make, encroachments on the eastern boundary of this Commonwealth, in the opinion of the Legislature contrary to the treaty of peace ; and that his excellency be requested to forward such docu- ments as may be necessary to substantiate the facts." Thus Massachu- setts called on the Government of the United States to protect them in the possession of their territory. The doubts which had arisen extended no farther than to what river was intended by the river St. Croix in the treaty of 1783, the treaty only describing it by its name ; nor could they, for when that was settled, the rule was clearly and distinctly given for finding the northwest angle of Nova Scotia. That is clearly implied in the first part of the fifih article of the treaty of 1794 ; for it says : " Whereas doubts have arisen what river was truly intended under the name of the river St. Croix, men- tioned in the said treaty of peace, and forming a part of the boundary therein described, that question shall be referred to the final decision of commissioners." The same article made it the duty of the commission- ers, "by a declaration under their hands and seals, to decide what river was the river St. Croix intended by the treaty, and, further, to describe the river, and to particularize the latitude and longitude of its mouth and its source." If any other doubts could have existed, or if the residue of the line could not have been ascertained by a survey, or if it had not been considered that ascertaining the river St. Croix settled the whole dispute, and if such were not the convictions of the contracting parties, it is not unreasonable to suppose that further provisions would have been introduced into the treaty, It was contended by the agent of the United States, before the com- missioners, that the river Magaguadavic was the river St. ('roix truly intended by the treaty of 1783, and he founded his claims and argument on many depositions of the natives, and of the persons who first settled in that part of the country, on the examination and reports of dgents, on the letters and testimony of several other persons, and on sundry maps. 100 I Senate Doc. Ko. 171. J It was contended by the agent for his Britannic Majesty, that the river Scoudiac was the river St. Croix truly intended by the treaty of 1783, and he founded his argument on the grant to Sir William Alexan- der, Les Carbot and Champlain's histories of the voyages of De Moots, and their desciiption of tiie country, the commissions to Governors of Nova Scotia, from 1719 to 1771, the pioclamations of 1763, and two acts of Parliament of the fourteenth of George 3d, and sundry maps* and depositions. His argument, and the facts and documents upon which he Ibunded it, clearly admits and demonstrates that the only un- certainty was, as to \\hat river was intended by the ii\er St. Cioix and thai from the source of the river which the commissioners should decide and designate according to the treaty of 1794, the eastern bound- ary line of the United States and the western boundary of the Province of Nova Scotia must commence, and continue due north to the high- lands, to wit : the highlands between the river St. Lawrence and the Restigouche or the St. John, according as the source should be fixed farther east or farther west. He expressly admits that the line due north from the St. Croix will, in any event, cross the liver St. John to the highlands, between that and the river St. Law rence, to wit : the lands which divide the streams which flow into the St. Lawrence from those which fall into the Atlantic, f 'i'he discussion was closed in 1798, and the time had not then arrived when, from " cxipidity^''^ or a desire to establish a line from which they could attack the United States in the rear, while their navy should attack them on the seaboard, when they were determined to acquire by effron- tery or sophistry the territory which they had sought in vain as a cession. The commissioners, on the 25th of Oetol)er, 1798, made the declara- tion under their hands and seals, deciding what, and decribing the river also, which was truly intended by the river St. Croix, in the treaty of \lf*>i.\ Prior, however, to their making their final declaration, ihey had agreed, and were about making it tiie final declaration, that the river Schoodic, from its mouth at Joes Point to the Lake Genesagranagum-sis, now called the Round Lake, being the lowest of the western Schoodic lakes, was the river St. Croix of the treaty ; which declaration they did not make, but by the agreement or consent of the agents of the United States and Great Britain, and the advice of the British minister. § They adoj>ted the branch called the Cheputnctecook, to its source, as a part of tiie river which they were to decide and designate. If the British Government gained no advantage in the decision oi the commissioners, as, from the evidence submitted, the commissioners might well have de- cided that the Magaguadavic was the river St. Croix intended by the treaty, they did in fact gain a most decided and important advantage in the ado])tion of the source of the Cheputnctecook, instead of the source of the other hianch of the Schoodic river, where it issues from the Lake Genesagrariagtnn-sis, being the first lake on the western branch of the Schoodic, above its junction with the Cheputnctecook. By an inspec- tion of the map, it will apj)ear that the British have gained a tract of land, by a change of the declaration of the commissioners as to the source of the river St. Croix, of more than one hundred and forty miles • See Appendix. f Appemlix 11. \ Api)eiiiiix 12. § Aj)pcii(Jix 13. [Senate Doc. No. 171.] 101 in length by more than ten miles in breadth. These facts are not named because tlicie is any disposition, on our part, to violate the good faith pledged in the treaty and the decision which was thus amicably made. The Biitish, if they be, as they declare themselves to be, "a great, hon- orable, and magnanimous nation," ought equally to abide the decision and its consequences in good faith, more especially as they gained so much by the result. Here every real doubt or dilliculty of any import- ance was settled and removed ; and nothing remained but to run and mark the line and erect its monuments. Trifling difl'erences in survey- ing the line, might occur, arising from the variation of the needle, and from the peculiar situation of the land on the line of the Government of Quebec, at the northwest angle of Nova Scotia, one of which would tend to change the longitude, and the other the latitude of the angle, possibly a mile ; but not in any instance to a distance of any importance to either Government. Some trifling diflerences might also arise in sur- veying the line between the Government of Quebec and Massachusetts, in running the line southwesterly from the northwest angle of Nova Scotia, as to the precise points which divide the waters, and the lines which should connect those points ; but all such differences are within a very narrow compass. That the only subject of doubt or difficulty of any importance was, what river was truly intended by the river St. Croix, is not only conceded by the treaty of 1794, but is demonstrated by the documentary evidence produced by the agent of his Britannic Majes- ty, to wit : the patents, charters, proclamations, and acts of Parliament, and his arguments founded upon these documents ; his arguments being, in fact, founded upon this plain and simple proposition : that the lines de- scribed by the treaty of 1783 were, and were intended to be, the lines which had before been established between the Province of Massachu- setts Bay on the one hand, and the Provinces of Quebec and Nova Scotia on the other.* When the subject is again recurred to by the respective Governments, it is not treated as a subject involving anything more than possible diffi- culties of trifling importance. Hence, in a convention between his Britannic Majesty and the United States, which was dated the 12th day of May, 1803, but which was not ratified by the United States, instead of reciting that, whereas doubts have arisen, &c., as in the treaty of 1794, says : " Whereas it has become expedient that the northwest an- gle of Nova Scotia, mentioned and described in the treaty of peace be- tween his Majesty and the United States, should be ascertained and determined ; and that the line between the source of the river St. Croix and the said northwest angle of Nova Scotia should be run and marked, according to the provisions of the said treaty of peace." And again, when the subject is recurred to in a paper delivered to Lord Harrowby, September 5th, 1804, the following language is used : " By the treaty of 1783, between the United States and Great Britain, the boundary between those States and Nova Scotia and Canada is fixed by a line which is to run along the highlands bounding the southern waters of the St. Lawrence." The same subject is once more recurred to by our ministers at the court of St. James, in April, 1807, and the same language is used in a pro- ♦ Appendix 11. 102 [ Senate Doc. No. 171. ] posed article on the same subject, as was used in the unratified conven- tion of 1803, before recited. 'i'iie subject is not again recurred to between the respective Govern- ments until lS14,in the corresijondciicc \>hich jjrcceded, and in the fifth article of the treaty o( Ghent. Jn order to airive at a full and perfect knowledge of the facts, to the end that the just and true interpretation of the filth article of the treaty of Ghent may more fully appear, a par- ticular examination of the correspondence which preceded it, between the ministers of the respective Governments of the United States and (ircat Britain, connected with the great chain of evidence of tide, and implied, and direct, and positive concessions of the British, is deemed impoitant. The coriespondence touching the subject in discussion is as I'ollows : In the piotocol made by the American commissioners of the two first conferences held with the British commissioners, the third point pre- sented by the commissioners on the part of the British, as subjects of discussion, is " the revision of the boundary line between the territories of the United States and those of Great Britain adjoining them in North America."* In the protocol of conference of August 8, 1814, among the subjects stated for discussion by the British commissioners, the third is " a revis- ion of the boundary line between the British and American territories, vith a view to prevent future uncertainty and dispute."! lii a letter dated Ghent, August 12, 1814, from the American commis- sioners to the Secretary of State,:]: the British commissioners stated three subjects, as those upon which it a|)peared to them that the discus- sions would be likely to turn, and on wiiich they were instructed. The third subject stated is, " A revision of the boundary line between the United States and the adjacent British colonies." With respect to this j)oint, they expressly disclaimed any intention on the part of their Government to acquire an increase of territory, and represented the proposed revision as intended merely for the purpose of preventing uncertainty and dispute. In a letter dated Ghent, August 19, 1814, from the American commissioners to the Secretary of State, the third subject slated by the British commissioners is, " A direct communication from Halifax and the Province of New Brunswick to Quebec, to be secured to (^reat Britain. In answer to our question, in what manner was this to be eflc'cted ? We were told that it must be done bv a cession to (Jre,at Britain of that portion of the District of Maine, (in the State of Massa- chusetts,) which intervenes between New Brunswick and Quebec, and j)revents theii- direct communication. "§ In a note of the British commissioners, dated Ghent, August 19, 1814, they say : " As they are desirous of slating every point in connexion Avith the subject, which may rcasonaldy inllucnce the decision of the American plenipotentiaries in (he exercise of their discretion, they avail themselves of this oppf)rtu/iity to repeat, what they have already stated, that (ir(;at Britain desires the revision of the frontier between her North American doniiniona and those of the United States, not with any view * state I'jpcrs, vol. 9, patj..- 327. f lb. 33J. * lb. 320. § lb. 332. [ Senate Doc. No. 171. J 103 to an acquisition of territory^ as such^ hut for the purpose of securing her possessions^ and preventing future disputes.^^* Then follows a proposition that the military possession of the lakes shall be left in the hands of the British ; then the note proceeds, " if this can be adjusted, there will then remain for discussion the arrangement of the northwestern boundary between Lake Superior and the Missis- sip[)i, the free navigation of that river, and such a variation of the linz of frontier as may secure a direct communication between Quebec and Halifax.'' In a letter dated Ghent, August 24, 1814, from the American to the British commissioners, they say : " The undersigned further perceive, that under the alleged purpose of opening a direct communication be- tween two of the British Provinces in America, the British Governmeat require a cession of territory forming a part of one of the States of the American Union^ and that they propose, without purpose specifically al- leged, to draw the boundary line westward, not from the Lake of the Woods, as it now is, but from Lake Superior. It must be perfectly im- material to the United States, whether the object of the British Govern- ment, in demanding the dismemberment of the United States, is to acquire territory, as such, or for purposes less liable, in the eyes of the world, to be ascribed to the desire of aggrandizement. Whatever the motive may be, and with whatever consistency views of conquest may be disclaimed, while demanding for herself or for the Indians a cession of territory more extensive than the whole island of Great Britain, the duty marked out for the undersigned is the same. They have no authority to cede any part of the territory of the United States ; and to no stipulation to that efll'ect will they subscribe."! In a letter dated Ghent, September 4, 1814, from the British to the American commissioners, they say : " With respect to the boundary of the District of Maine, and that of the northwestern frontier of the United States, the undersigned were not prepared to anticipate the objections contained in the note of the American plenipotentiaries, that they were instructed to treat for the revision of their boundary lines, with the state- ment which they had subsequently made, that they had no authority to cede any part, however insignificant, of the territories of the United States, although the proposal left it open for them to demand an equiva- lent for such cession, in territory or otherwise. " The American plenipotentiaries must be aware that the boundary of the District of Maine has never been correctly ascertained ; that the one asserted at present by the American Government, by which the direct communication between Halifax and Quebec becomes interrupted, was not in contemplation of the British plenipotentiaries who concluded the treaty of 1783, and that the greater part of the territory in question is actu- ally unoccupied. The undersigned are persuaded that an arrangement on this point might be easily made, if entered into with the spirit of con- ciliation, without any prejudice to the interests of the District in ques- tion. As the necessity for fixing some boundary for the northwestern frontier has been mutually acknowledged, a proposal for a discussion on that subject cannot be considered as a demand for a cession ol territory, ♦ State Papei-F, vol. 9, p. 339. t Jt»- 381. 101 [ J-eiiate Doc. No. l7l ] unless the United States are prepared to assert there is no lin>it to the territories in that direction, and that, availing themselves of the p;eo- graphical error upon which that part of the treaty of 1783 was founded, thej will acknowledge no boundary whatever, then, unquestionably, any proposition to fix one, be it what it may, must be considered as de- manding a large cession of territory from the United States."* In a letter dated Ghent, September 9, 1814, from the American to the British commissioners, the American commissioners say: " With regard to the cession of a part of the District of Maine, as to which the British plenipotentiaries are unable to reconcile the objections made by the un- dersigned with their previous declarations, they have the honor to ob- serve, that at the conference of the Sth ultimo the Biitish plenipotentiaries stated, as one of the subjects suitable for discussion, a revision of the boundary line between the British and American territories, with a view to prevent uncei tainty and dispute ; and that it was on the point thus stated that the undersigned declared that they were provided with instructions from their Government; a declaration which did not imply that they were it)structed to make any cession of ten itory in any quarter, or to agree to a revision of the line, or to any exchange of territory where no uncertainty or dispute existed. "The undersigned perceive no uncertainty or matter of doubt in the treaty of 1783, with respect to that part of the boundary of the District of Maine which would be affected by the proposal of Great Britain on that subject. They never have understood that the British plenipotentiaries who signed that treaty had contemplated a boundary different from that fixed by the treaty, and which requires nothing more, in order to be definitely ascertained, than to be surveyed in conformity with its pro- visions. This subject not having been a matter of uncertainty or dis- pute, the undersigned are not instructed upon it, and they can have no authority to cede any part of the State of Massachusetts, even for what the British Government might consider a fair equivalent."! In a letter dated Ghent, September 19, 1814, from the British to the American commissioners, they say : " With respect to the boundary of the District of Maine, the undersigned observe, with regret, that al- though the American plenipotentiaries have acknowledged themselves to be instructed to discuss a revision of the boundary line, with a view to prevent uncertainty and dispute ; yet, by assuming an exclusive right, at once to decide what is or not a subject of uncertainty and dispute, they have rendered their powers nugatory or inadmissibly partial in their operation."! In a letter dated Ghent, September 26, 1814, from the American to the British commissioners, they say : " The undersigned are far from as- suming the exclusive right to decide what is or what is not a subject of uncertainty or dispute with regard to the boundary of the District of Maine. But until the British plenipotentiaries shall have shown in what respect the part of that boundary which would he affected by their pro- posal is such a subject, the undersigned may be permitted to assert that it is not." The treaty of 1783 described the boundary as "a line to be drawn ♦ Slate Fapen, vol. 9, p. 381. f \h. 398. ^ lb. p. 400. [ Senate Doe. No. i7 1. | 1O3 alone; the middle of the rivor St. Croix, from its mouth, in the bay of Fundy, to its t^ource, and from its source directly noith to the highlands which divide the rivers that fall into the Atlantic ocean from those which fall into the river St. Lawrence, and thence along the said highlands to the northwesternmost head of Connecticut river." " Doubts having arisen as to the St. Croix designated in the treaty of 1783, a provision was made in that of 1794 for ascertaining it ; and it may be fairly infer- red, from the limitation of the article to that sole object, that, even in the judgment of Great }3ritain, no other subject of controversy existed in re- lation to the extension of the boundary line from the source of that river. That river and its source having been accordingly ascertained, the un- deisigned are prepared to propose the appointment of commissioners by the two Governments, to extend the line to -the highlands, conformably to the treaty of 1783. The proposal, however, of the British plenipo- tentiaries was not to ascertain, but to vary, those lines in such a manner as to secure a direct communication between Quebec and Halifax ; an alteration which could not be effected without a cession by the United States to Great Britain of all that portion of the State of Massachusetts intervening between the Province of New Brunswick and Quebec, al- though unquestionably included within the boundary lines fixed by that treaty. Whether it was contemplated on the part of Great Britain to obtain a cession with or without an equivalent in frontier or otherwise, the undersigned, in stating that they were not instructed or authorized to treat on the subject of cession, have not declined to discuss any matter of uncertainty or dispute which the British plenipotentiaries may point out to exist, respecting the boundaries in that or any other quarter, and are therefore not liable to the imputation of having rendered their powers on the subject nugatory or inadmissibly partial in their operation."* In a letter dated Ghent, Octobers, 1814, from the British to the Amer- ican commissioners, they say: "The British Government never requi- red that all that portion of Massachusetts intervening between the Prov- ince of New Brunswick and Quebec should be ceded to Great Britain, but only that small portion of unsettled country which interrupts the communication between Halifax and Quebec, (there being much doubt whether it does not already belong to Great Biitain."!) In the letter dated Ghent, October 21, 1814, from the British to the American com- missioners, they say : " On the question of boundary between the domin- ions of his Majesty and those of the United States, the undersigned are led to expect, from the discussion which this subject has already under- gone, that the northwestern boundary, from the Lake of the Woods to the Mississippi (the intended arrangement of 1803) will be admitted with- out objection. " In regard to other boundaries, the American plenipotentiaries, in their note of August 24, appeared, in some measure, to object to the prop- osition then made by the undersigned, as not being on the basis of w^i possidetis. The undersigned are willing to treat on that basis, subject to such modifications as mutual convenience may be found to require ; and they trust that the American plenipotentiaries will show, by their ready acceptance of this basis, that they duly appreciate the moderation * state Papers, vol. 9, p. 405. f lb. p. 415. 106 f Senate Doc. ^'o. i7l. ] . of liis Majesty's Government, in so far consultinc; the honor and fair pre- 1 tensions of the United States, as, in the relative situation of the two countries, to authorize such a pioj)osition."* In a letter dated Ghent, October 21, 181 1, from the American to the British commissioners, they say : " Amongst the jj;eneral observations which the undersigned, in their note of August 24th, made on the prop- ositions then brought forward on the part of the British Government, they remarked that those |)iopositions were neither founded on the basis of uti possidetis, nor that of status ante bellum. But so far were they from suggesting the xiti possidetis as the basis on which they were disposed to treat, that in the same note they expressly stated tl)at they liad been instructed to conclude a peace on the principle of both parties restoring whatever territory they might have taken. The undersigned also declared in that note that they had no authority to cede any part of the territory of the United States, and that to no stipulation to that effect would they subscribe. And in the note of the Sth of September, after having shown that the basis of uti jossidetis, such as it was known to exist at the commencement of the negotiation, gave no claim to his Brit- annic Majesty to cessions of territory, founded upon the right of conquest ; they added that, even if the chances of war should give to the British arms a momentary possession of other parts of the territory of the United States, such events would not alter their views with regard to the terms of peace to which they would give their consent. " The undersigned can only now repeat those declarations, and de- cline treating upon the basis of uti possidetis, or upon any other princi- ple involving a cession of any part of the territory of the United States, as they have uniformly stated they can only treat upon the principle of a mutual restoration of whatever territory may have been taken by either jjarty. F^om this principle they cannot recede ; and the undersigned, after the repeated declarations of the British plenipotentiaries, that Great Britain had no view to the acquisition of territory in this negotiation, deem it necessary to add, that the utility of its continuance depends on their adherence to this principle."! In a letter dated Ghent, October 25, 1814, from the American com- missioners to the Secretary of State, they, after stating that an article had been reduced to writing, securing merely an Indian pacification, had been agreed to be accepted, subject to the ratification or rejection of the (ioveinment of the United States, say: "But you will perceive that our request for the exchange of a project of a treaty has been eluded, and that, in their last note, the British |)lenipotentiaries have advanced a de- mand, not only new and inadmissible, but totally incompatible with their uniform previous declarations, that Great Hritain had no view in j this negotiation to any ac(|uisition of territory. It will be perceived that this new pretensiorr was brought forward immediately after the accounts had been received that a British force had taken possession of all that part of the State of Massachusetts situated east of IV'nobscot iiver."| It having been shown, in the first part of this report, what the lines between Massachusetts and Nova Scotia, and Massachusetts and the Province of Quebec, as formed and established by the Government, ♦ State Papers, vol. 9, p. 427. t *•>• P- '♦^S. * lb. p. 375. [ SeiKUf Doc. No. 17(. ] 107 were, prior to the provisional treaty, and the definitive treaty of peace ; of 1783, and tlio investigation which took phice, and the care and dili- gence with which the subject was examined by the commissioners of I both Governments and the cabinet of Great Britain, and that it was the 1 intention of both Governments to adopt the lines above mentioned, as a !| part of the boundary of the United States; and that the treaty itself, in ] describing the boundary, contains almost the precise language which the ' British had often used in relation to the same lines ; it having also been j shown that the only ditficulty in relation to the line arose from the un- I certainty as to what river was truly intended by the river St. Croix, and I which uncertainty arose from facts and circumstances which existed long before, and at the time of concluding the treaties, and which were not removed by the treaty, in consequence of the river St. Croix not being designated with any more particularity than it was before, in the patents, charters, acts of Parliaments, and documents, in which it had been men- tioned ; and, also, that in the discussions on the subject between the Governments of the United States and Great Britain, it had been admit- ted, more especially by the agent for the latter, that let the commission- ers designate what river they would as the river St. Croix truly intend- ed by the treaty of peace, from the source of that river, the line run due north to the highlands, the southern line of the Government of Quebec, and the northern line of Massachusetts, and the Province of Nova Scotia; and in any event, even if they adopted the most western point, which he described as the head of the river St. Croix, the line running north must cross the river St. John to the highlands, dividing the waters which fall into that river from those which fall into the river St. Lawrence.* It also having been further shown, that since 1798, when the river St. Croix was designated by the commissioners under the treaty of 1794, from all the correspondence and treaties which had been formed or pro- posed to be formed by the commissioners of the two Governments, the right of the United States had not been considered any way doubtful, , and the whole object of the arrangements thus attempted to be made had been limited to surveying and marking the line. With a recurrence to these facts and circumstances, a more particular attention to the correspondence which preceded the treaty of Ghent, which is hereinbefore quoted, to the end that the true intent and mean- \ ing of the contracting parties in the fifth article of that treaty may be more clearly ascertained and better understood, is not deemed unim- portant. The British commissioners ask a revision of the boundary line be- tween the United States and the adjacent British colonies, disclaiming expressly, at the same time, any disposition to acquire an increase of ter- ritory, and limiting their proposition to the simple fact of so ascertaining the line as to prevent uncertainty and dispute. Such was their hrst proposition ; but, as the conferences progressed, they, in some measure, varied their proposition ; and, instead of asking simply a revision of the line, to prevent uncertainty and dispute, they ask a direct communica- tion from Halifax and the Province of New Brunswick to Quebec ; and when they are requested to explain, explicitly declare that it must be •See Appendix 11. 108 [ Senate Doc. No. 17 I. J done by a cession of that portion of the District of Maine which inter- venes between New Brunswick and (Quebec, and prevents a direct com- munication. lleie they clearly and distinctly ask the territory as a cession, there- by conceding the title is not in them, which the subordinate agents, since appointed, have had the ingenuity to claim as a right. The American conimissioneis most clearly and explicitly deny any authority, on their part, to cede any j)ortion of the territory asked of them, whether to se- cure the right of passage between their dilVerent Provinces or otherwise, and the denial is repeated as often as the subject recurs in the confer- ences or correspondence. The British commissioners, in giving a construction to their own prop- osition for securing a direct communication between New Brunswick and Quebec, say : " Their proposal left it open to the American com- missioners to demand an equivalent for such cession, in territory or other- wise." Here our right is again conceded, in language which admits no doubt ; for the supposition that the British would consent to purchase of us that territory to which they had title, is absurd and preposterous. The British are too vigilant, in their negotiations, to overlook their own claims, whether well or ill founded. They are not generous beyond what their interest dictates, nor are they liable to the imputation of un- due or disinterested generosity in their negotiations. The American ministers most explicitly stated that they were not instructed to agree to any revision of the line, where no uncertainty or dispute existed, and that they could perceive no uncertainty or matter of doubt in the treaty of 1783, with regard to that part of the boundary of the District of Maine which would be atlected by the proposal of Great Britain on the subject. That they never understood that the British plenipotentiaries, who signed that treaty, had contemplated a boundary dillerent from that fixed by the treaty, and which requires nothing n)ore, in order to be definitively ascertained, than to be surveyed in conformity with its provisions. The subject not having been a mat- ter of uncertainty or dispute, they were not instructed upon it, and had no authority to cede any part of the State of Massachusetts, even for what the British might consider a fair equivalent. To which the British ministers replied that, although the American commissioners acknowledged themselves to be instructed to discuss the revision of the boundary line, yet, by assuming to decide for themselves | what was or what was not a subject of uncertainty or dispute, they had rendered their powers nugatory or inadmissibly partial. The American commissioners having stated their construction of the i treaty of 1783, as it applied to the line between Maine and the Provinces \ of Nova Scotia and Canada, say that they have not pretended to assume ' anything, but sh;ill persevere in their opinions until the British com- missioners should point out in what respect ihe part of the boundary, which would be allected by their |)roposal, is such a subject of uncer- tainty or dispute. That all the doubts which could have ever existed in relation to the line were settled under the treaty of 1794, and were pr('j)ared to proj)ose the appointment of commisioners to extend the lines to the highlands, in conformity to the treaty of 1783. That the proposi- tion of the British was to vary those lines, by obtaining a cession of the [ Senate Doc. No. 171. J 10 > territory between New Brunswick and Quebec, although that territory ■was unquestionably included within the boundary lines fixed by the treaty. Although the subject is again thus clearly pressed upon the considera- t-ion of the British coniniissioners, and they aic called upon to point out any uncertainty or dispute, or cause ol' uncertainty or dispute, in relation to the boundary, with a perfect understanding that their acquiescence would be taken as the admission of the fact, to wit: that there was no uncei tainty or dispute as to the boundary line ; they pointed out no un- certainty, but contented themselves by saying the "British Government never required that all that portion of Massachusetts which intervenes between (he Province of New Brunswick and Quebec should be ceded to Great Britain, but only that small portion of territory which interrupts the communication between Halifax aud Quebec, (there being much doubt whether it does not alieady belong to Great Britain.") Here no uncertainty or dispute is pointed out : they do not once say the line stops at Mars Hill, or any other point, but admit that it does not, by in- variably asking the territory, or a communication between New Bruns- wick and Quebec, or Halifax and Quebec, as a cession. Instead of meet- ing the proposition of the American commissioners, in the frankness and candor with which it was made, they do no more than superadd a doubt, which the whole correspondence shows they did not believe, perhaps with a glimmering hope that the British Government might find some daring agent who would have the hardihood to claim, and by ingenious sophistry endeavor to maintain, as a right, that which, from their con- victions of right and justice, they requested only as a cession ; some one who would not be restrained by that high-minded and honorable course which ought ever to be preserved, to maintain the relations of peace and harmony between nations, but would sacrifice every consideration ot that kind to acquire a temporary advantage, regardless of its future results. After the Biitish had taken military possession of Castine, and claim- ed, from that ciicumstanee, the military possession of the territory of the State of Maine east of Penobscot river, and having altogether failed, even in the prospect of obtaining any part of the State of Maine by cession, they change their proposition, and, to effect the same object, proposed the principle of uti possidetis as the basis, subject to such modifications as mutual convenience may be found to require. To this proposition the American commissioners, promptly and unequivocally, as they had done on all other occasions, refused treating " on the principle of uti possidetis, or upon any other principle involving a cession of any part of the territory of the United States." Can it for a moment be supposed that when the British commissioners so often requested the territory as a cession, and expressed a disposition to give an equivalent, if it would be received, and when they were as often, and peremptorily denied, on the ground of total want of authority to cede, that it was the intention of the commissioners to do anything more than to provide for the survey and marking of the lines, and to guard against any possible difficulties of a minor character, such as the variation of the needle, or the precise spot where the corner, to wit : the northwest angle of Nova Scotia should be fixed on the range of high- 110 [ Senate Doc. No. iH. ] lands limiting the sources of those rivers which emj)ty themselves into the river St. Lawrence, or some other possible ditlicuities of a similar character, none of which would vary the lines materially, or in any im- portant degree, to either Government? >Mien the whole is faiily and candidly examined, such must be the conclusion. No other conclusion can be made, unless it be on tlie groined that the American commission- ers undertook to exercise a power ^vhich they so often and explicitly declared to the British they did not possess, and if they did exercise a power which they did not possess, their acts were not obligatory upon the Government. A careful examination of the fifth article of the treaty of Ghent does not involve a conclusion that the commissioners departed from the powers given theni, and their repeated and reiterated declarations. The part of the article relating to the point under discussion is as follows: " Whereas, neither that point of the highlands, lying due north from the source of the river St. Croix, and designated in a I'ormer treaty of peace between the two Poweis as the northwest angle of Nova Scotia, nor the northwesternmost head of Connecticut rivei-, has yet been ascertain- ed ; and w hereas that part of the boundary line between the dominions ol' the two Powers, which extends Irom the source of ihe river St. Croix, directly north, to the abovementioned northwest angle of Nova Scotia; thence along the said highlands which divide those rivers that empty themselves into the river St. Lawrence, from those which fall into the Atlantic ocean, to the northwesternmost head of Connecticut river; thence down along the middle of that river to the forty-fifth degree of noith latitude ; thence, by a line due w est on said latitude, until it strikes the river Iroquois or Cataraguy, has not yet been surveyed ; it is agreed that, for these several purposes, two commissioners shall be appointed, sworn and authorized to act exactly in the manner directed, with respect to those mentioned in the next preceding article, unless otherwise specified in the present article. The said commissioners shall Iiave power to ascertain and determine the points above mentioned, in conformity with the provisions of the said treat}' of peace, of one thousand seven hundred and eighty-three, and shall cause the boundary aforesaid to be surveyed and marked according to the said provisions. The said commissioners shall make a map of said boundary, and annex it to a declaration under their hands and seals, certifying it to be a true map of said boundary, and particulaiizing the latitude of the northwest angle of No^•a Scotia, and of the northwesternmost head of Connecticut river, and of such other points of said boundary as they may deem proper." Here the question may be repeated, has Nova vScotia two northwest angles? or an ideal one, placed where the " ci//>irff7_?/" or the interested views of either party may dictate ? or is the northwest angle of Nova Scotia, the northwest angle of Nova Scotia as established by the Crown and Goveinment of Great Britian, adopted by the treaty of 1783, and recognised in the discussions by the agents under the fifth article of the treaty of 1794, and also lecognised by all subsequent discussions be- tween the United States and Great Britain? It cannot be reasonably supposed that the commissioners had any other angle in view, especially as the article seems to recognise and place the location of the angle on the construction of the treaty of 178 i, explained as it was by the treaty I Senate Doc. No. 17 1. ] 111 of 1794, and the discussions under that treaty. It cannot be supposed (hat the British commissioners expected to 2,ain that which tliey had requested as a cession, or the American commissioners expected to lose anything which they had denied, IVom the language used and references made in the article above quoted ; but it is to be supposed that both parties, in agreeing to the article, limited to the description in the treaty of 1783, as tlie same iiad been defined, and the rights of the parties under it had been explained by direct and implied acknowledgments of its true construction, from the time of its adoption, intended simply to provide for the survey and marking of the line. No other conclusion can follow, unless it be supposed that the high-minded and honorable men who negotiated the treaty did on the one part resort to the most despicable chicanery, and the other to a gross and palpable violation of the power and authority to them delegated ; neither of which can be true. It fol- lows, then, that to fulfil this article, nothing more was required than to survey and mark the lines; and that the ditiiculties which could arise, if any, were of minor consequence, not involving, in any event, but a trifling extent of territory, and of little importance to either Government, and by no means involving the title to the intervening territory between New Brunswick and Quebec, which had often been sought as a cession, to secure a direct communication, and as often denied. If the agents and commissioners of the two Governments have depart- ed from this plain and natural interpretation of the treaty, they must have erred from causes which are creditable to neither. If a line were to be established, contrary to this obvious construction, it is to be foreseen that the party thus deprived of its rights would imbibe a spirit not to be subdued, and which would seek its redress whenever it could, at any sacrifice. If the British colonists were to be governed by their true interests, they would not endeavor to acquire anything by construction, against the true and common-sense interpretation of all the treaties, be- cause in that they would discover the germes of eternal hostility. If, in the prosecution of the duties under this article, the agent of the United States has misconstrued and extended its application beyond its plain and obvious construction, or had not a clear and distinct view of the meaning of the terms " highlands ivhich divide the luaters^'''' in the treaty of 1783, or was bewildered by mountains, or mountain langes, when even mole hills answer the description precisely, if they do " divide the waters which flow into the river St. Lawrence from those which fall into the Atlantic," and if the British agent, in the prosecution of his duties, under the same article, has pretended that the northwest angle of Nova Scotia is at Mars Hill, and that the line of the United States runs southwestwardly from that point, when the territory extending north, northwest, west, and southwestwardly, is claimed as a part of the ancient Province of Nova Scotia, thereby destroying the northwest angle of Nova Scotia, which had been established by a series of acts of the British Government, and acknowledged by them to this time, and sub- stituting therefor a southwest angle, and, if from the course, so absurd and preposterous in itself, ingenuity should obtain a temporary triumph over right, a question will arise, growing out of the nature of and the organization of the State and National Governments — has the United States any constitutional authority to cede any part of an independent sovereignty composing one of its members.'* 1(2 [ Senat*^ Doc. No. 171.] The commissioners of the United States who negotiated the treaty of Ghent unilormly denied the light of cession; but whether they founded their denial on tiie want of authority in the instructions given them, or upon tlhe constitution of the United States, is not perfectly clear. If upon tho first, they adopted a right course ; if upon the last, their course ■was also right ; and there must be perfect hurniony of oj)inion, because either principle preserves the rights of the individual States, On this subject it may be iuipoitant to consider the object and nature of the association of the States, which led to the adoption of the consti- tution. The General Governn)cnt, which had originated in the oppression of Great Britain, and been sustained by the pressure of an external enemy, and had carried the country through the Revolution, when peace was re- stored, was found to be too feeble for any valuable purpose to the States. Its inherent defects had, by a few years' experience, been shown, and the States, for want of general union, were in danger of degenerating and falling into anaichy, and of becoming a prey to each other, or any for- eign nation. The independent sovereignties saw the necessity of asso- ciating anew ; which they did, and in that association mutually delegated limited parts of their sovereign power, for the greater security of those retained. As in the first confederation mutual defence and protection was a pri- mary object, so it was in the last confederation ; a mutual protection, not limited to the personal rights of individuals, but extended to the full and free exercise of the whole sovereign power, not delegated, to the extent of the territorial jurisdiction of the State. With this view of the object of the confederation, composed as it was of independent sove- reignties, it cannot be supposed that they ever intended to give to the General Government any power by which they might be destroyed and consolidated, or by which even their rights of sovereignty and jui i:?diction might be abridged. It has never been pretended that Congiess has the power of taking from one State and giving to another, or to incorporate new States within the limits of old ones; nor has it ever claimed to ex- ercise such a power. The most it has ever done, or has a constitu- tional right to do, has been, to give its consent to the compact made between the parties immediately interested, and to admit the new Stat? into the Union. If Congress do possess the power of ceding any portion of an inde- pendent State, they possess a power to break down the State sovereign- ties by which they were created, and at their pleasure to produce a con- solidation of those sovereignties ; a power which was never delegated or intended. If, therefore, the Congress of the United States attempt to exercise such a power, the State, thus deprived of, or limited in, its rights of sovereignty, must submit, or enforce its rights. The rights of protection in the exercise of the sovereign power of the State are equal, whether it is an exterior or interior State, and Congress can have no more constitutional right to take fiom Maine and cede to New Brunswick, than they have to take from Virginia a part of her ter- ritory, and cede it to North Carolina. Congress has not claimed to exercise such a power, for the construction of the treaty of Ghent, herein- before given, docs not involve sucli a power, unless from a misconstructioa [Senate Doc. No. 171. J 113 of its provisions, limiting, as it does, the whole power of the commission to the surveying; and maikiiij^ of the linos, and erecting its monuments, according to the treaty of 17S3. But it will at once be seen, if the Government of the United States ^yield to the misconstructions of the agents, so far as to be endangered by the result, that by the misconstructions of the one and the ingenuity of the other, arising from a strong desire to acquire for his country the ter- ritory which had been so often but unsuccessfully sought as a cession, and by its final result the lines of the State of Maine are materi.dly changed, she will be as much dispossessed of her territory and sovereignty, as she would have been by a direct exercise of the power of cession. The one mode, equally with the other, involves an assumption of power which was never delegated. If such an unfortunate occurrence ever arises, from any cause, the duty which the State owes herself and her sister republics is plain. While it is the duty, as well as the interest, of individuals, as well as States, to yield a peaceable and quiet obedience to every exercise of constitutional power on the part of the Government of the United States, it is equally theh- duty, and their interest, to resist all encroachments on the rights which they have reserved. If a part of the State of Maine should be surrendered by the Government of the United States, either by a direct or indirect exercise of the power of cession, it will then be a duty which she owes herself to consider whether she has, by such an invasion of her rights, lost her right of sovereignty and jurisdiction. Such an exercise of power can have no obligatory force; and, unless Maine quietly and peaceably submits, it will be the duty of the States, a duty imposed by the Federal Government, to aftbrd her aid and protection, and to aid her in regaining her rights. From the provisional treaty of peace in 1782 to the treaty of Ghent, for a period of more than thirty-two years, the British always conceded our title and our rights, whenever the subject was presented in the dis- cussions between them and the United States. Even in the argument of the British agent, under the fourth article of the treaty of Ghent, de- livered before the commissioners in September, 1817, after the board, under the fifth article of the same treaty, and the agents had made their agreement for a survey, he unequivocally admits and shows our title. He says: "That the northwest anjile of Nova Scotia, mentioned in the treaty as the commencing point in the boundary of the United States, is the northwest angle of the said Province of Nova Scotia, designated in the grant to Sir William Alexander in 1621, subject only to such altera- tions as was occasioned by the erection of the Province of Quebec, , 1763." Since the treaty of Ghent, and the entire failure on the part of the British to obtain the territory by cession or purchase, and since Septem- ber, 1817, they have pretended to claim it as a right, and do, in fact, pretend to claim a much greater extent than they had ever sought by- way of cession, by extending the claim much further south and west than is necessary to secure a communication between Halifax and Quebec. The idea of claim, as they at present make it, probably originated with some of their subjects in the Provinces, who, having a great desire 8 t 14 [ Senate Doc. No. 171.] to hold (he country, endeavored to stimulate the Government of Great Britain, that she nii'^ht,by some means, be induced to obtain it. In order to show the oii':;in as well as the substance of their claim, as they now make it, the following extract is made liom a work published a little be- fore the orjranizaiion of the commission under the fifth article of the* treaty of Ghent, entitled " A topographical description of the Province of Lower Canada, with remarks upon Upper Canada, and on the rela- tive connexion of both Provinces with the Inited States of America, by Joseph Bouchette, Surveyor CJeneral of Lower Canada, Col. C. M." 'I'his work was dedicated to the present King George IV, then Prince Regent, and was accompanied with splendid maps. Col. Bouchette was attached to the commission under the fifth article of the treaty of Ghent, at the commencement, as principal surveyor on the part of the British. He says, " the height of land on which the boundary is supposed to pass run's to the northeast, and divides the waters that fall into the St. Lawrence from those llowing into the Atlantic, and which height, after running some distance upon that course, sends oK a branch to the east- ward, that separates the head of the Thames, falling into Lake Temis- couata and river St. John, and by that channel into the bay of Fundy, from those that descend in a more direct course to the Atlantic. " The main ridge, continuing its northeasterly direction, is intersected bv an imaginary line, prolonged in a course astronomically due north from the head of the river St. Croix, and which ridge is supposed to be the boundary between Lower Canada and the United States ; at least, such appears to be the way in which the treaty of 1783 is construed by the American Government, but which ought to be more fairly under- derstood, as follows, to wit: that the astronomical line, running north from the St. Croix, should extend only to the first easterly ridge, and thence lun westerly along the crest of the said ridge to the Connecticut, thereby equitably dividing the waters flowing into the St. Lawrence from those that empty into the Atlantic, within the limits of the United States, and those that have their streams within the British Province of New Brunswick- It is important, and must always have been in con- templation, that an uninterrupted communication and connexion should exist between all his Majesty's North American possessions; but by the manner in which the treaty is insisted upon by the opposite party, a space of more than eighiy-live miles would be placed within the Ameri- can limits, by which the British Provinces would be completely secured ; it would also prove the inconvenience of having the mail, from England to (Quebec, carried over that distance of American territory, and which may [)e deemed cither a matter of indulgence, or complained of as an encroachment, according to the transfer of the times. SVilhin this tract is also the Aladawaska settlement, consisting of nearly two hundred families, all holding their grants from the British Government. Eng- bnd, at all times high-minded and generous, never shrinks from the ful- filment of her engagen)ents, even though, from the want of political acuteness in the persons enijjloyed, they n)ay have been formed in a manner piejudicial to her interests. But at the same time she has a right, to rctpiire that the interpretation of them should not be overstrain- ed or twisted from the obvious meaning and intent, by a grasping cupidi- ty after a few miles of country which could be of little advantage to the opposite party." [ Senate Doc. No. 171. ] 115 The above extract has been made, because it shows the whole of the British claim, as they have since made it, as well as the substance of all the arguments they have urged in its support ; all which has since beert done by them, whether in making surveys, collecting documents, or making aiguments, for a period of more than five years, has not placed their pretensions in a stronger light. If suhsecjuont occurrences have given their claim any additional plausibility, it can only be altributed to the agents having transgressed the authority given ihein by the treaty, and discussed a claim which was not submitted. Here it is wholly un- necessary to repeat the facts and documents hereinbefore (juoted or re- ferred to — a mere recurrence to them, and placing them in opposition to the British argument, shows, to use no harsher term, its total ab- surdity. The argument seems to be addressed to the pride of the British, and vanity of the Americans. As it relates to the British, the argument has had its effect ; but as it relates to the Americans, it has been a little too gross to deceive. If the discovery had been made more seasonably, it might have acquired a temporary appearance of plausibility ; hut when the subject had come before Parliament, and had also been under dis- cussion by the commissioners and agents of the two Governments; and. last of all, when the British commissioners had perseveringly sought the territory, in every form, as a cession, from seventeen hundred and eighty- two to eighteen hundred and fourteen, a period of thitty-two years, the argument is not calculated to deceive, and ill accords with the character always " high-minded and generous, and which never slirinks from the fulfilment of its engagements." The territory, from all our researches, never has been claimed as a right by the British Government, or any of its commissioners or agents^ until 1817, after the commission under the 5th article of the treaty of Ghent was organized ; but, on the contrary, as has been before showOp the right has always been conceded to be in the United Slates. NoWj, their claim, stripped of its verbiage, and translated into plain language,, rests on this plain and simple proposition : the country lies between two of our Provinces; it will be useful to us, nnt only by facilitating com- munication, but it is important also in a military point of view ; we could not obtain it by cession, though we were willing to give an equivalent ; but we want it, and we will have it. The State of Massachusetts, considering her right of sovereignty arid jurisdiction co-extensive with her title, did not anticipate any disturb- ance or intrusion, and did not consider herself under any necessity of ok, pursuant to a survey and j^lan made under a resolve of March, 180G. Had (he residue of tenitory been applied for, she would have continued granting it, i:i large or small tracts, until she had grant- ed the whole, piovided the object of the grants had met her approba- tion. Hence she not only exercised sovereign power co-extensive with her title, but also individual acts of sovereignty, and to what extent she pleased. ^ , j The restrictive system adopted by the Government of the United | States, commencing about this period, checked the general business of the country, and at the san^e time allayed the spirit of improvement and settlement, and entirely put a stop to speculations in wild lands, and there being no more applications for grants of wild lands, she had no occasion to make them. The war succeeded, which still further check- ed the progress of improvement and settlement, and several years w^ere required to recover from the diversions occasioned by it ; hence, from a coincidence of circumstances, no grants were made. Entertaining no suspicion that any claim would be made by the Brit- ish, or discussed by the agents, inconsistent with everything which had transpired, and especially in all the correspondence which had preceded, and in the treaty of Ghent itself, she could have had no reason to pre- sume that claims would be made and urged which could infringe her rights of sovereignty and jurisdiction. Hence she leposed in perfect confidence, that the lines would be run and marked, and monuments erected, according to her title, as it had always been understood by her, and conceded by the British, and therefore made no inquiries to ascer- tain the claims urged, or the progress of the commission. In 1819, she passed the act of separation between her and the Distiict of Maine, which was approved by Congress the next session, and Maine was ad- initted into the Union as an independent State. By the act of separa- tion, Massachusetts retained the fee simple of a moiety of the wild lands, but the residue, and the entire sovereignty and jurisdiction, was vested in Maine. Maine having thus become an independent State, and more than three years having elapsed after the organization of the commission under the 5th article of the treaty of Ghent, a time more than sutlicient to have performed all which was submitted, and there being reports that the British agent was vigilant, and the American remiss, and that sur- veys were going on in (piarters wholly unanticipated, she of course be- came anxious, and had reason to fear the subject was taking a direction never in the contem[)l;>tion of the commissioners who negotiated, or in- volved in the treaty itself. 'I'he (iovernor of the Slate noticed the sub- ject in the fust message, which was delivered June 2, 1820, to both branches of the Legislature. He says, "what progress has been made under the 5th article of the British treaty in settling the eastern bound- ary of the State against the Province of New Brunswick, and the north- [ Senate Doc- No. 17 i. J I IT ern boundary against that of Lower Canada, I am unable to inform you. As this State and Massachu:;etts have so deep an interest in the settle- ment of these boundaries, there would seem to have been a propriety in the agent appointed on the part of the United States being taken from one of these two States. S^ut, under existing circumstances, you will consider whether the interest of the State docs not require from you the adoption of such arrangements as are best calculated to afTord the present agent such information in relation to this important subject as the people in this State have it in their power to give." The message was answered on the 12th of June, 18'i0, wherein it was, among other things, lesolved, " That the Governor of this State be re- quested to transmit to the President of the United States a copy of the resolve, accompanied with such representations in relation to this sub- ject as he shall think proper, and best calculated to elFect the object." The request was complied with by the Governor, v.'ho, in July, 1820, transmitted a copy of the resolve to the President, and, among other things, observed to him : " When it is considered that Massachusetts and Maine have tiie right of soil, that Maine has also a State jurisdiction, that the people here have not the honor of an acquaintance either with the commissioner or agent, and have not been advised of any reason for the delay to the present time, it will not be considered a matter of sur- prise that their extreme solicitude should be such as to render desirable infoimation on the subject so generally interesting." " It is not unknown to the people of this State that the British agent has been very attentive to the business in which he has been engaged, and that he has caused the country near the lines to be examined and explored in the most particular manner; while it is not understood that, comparatively, ;;.nything has been done on the part of the American agent. With impressions such as these, the boundary being an extensive one, it would be highly satisfactory to the people of this State, should it comport with the views of the Executive of the United States, to des- ignate a person to assist the present agent in his important duties, that the boundary may not only be more expeditiously, but more satisfacto- rily adjusted." The substance of the reply which was made appeared in the next message of the Governor. This year, in the exercise of their general powers of sovereignty and jurisdiction, the marshal of Maine, under a law of the United States, took the census of the inhabitants settled on the St. John river, and its tributary streams west of the meridian line from the monument at the source of the St. Croix, and the south line of the Province of Quebec, or Lower Canada. In the autumn of the year 1820, an agent was sent by the Governor and Council to explore the public lands upon the St. John, and its branches west of the meridian line from the monument ; which service he per- formed. The Governor again, in his message which was delivered January 11th, 1821, to both branches of the Legislature, called their attention to the subject of the preservation of the timber on the public lands; and, after enumerating several places as the scenes of depredations, says: " It ap- pears that trespasses within our acknowledged territory, particularly on i 18 [ Si'nule Dor. No. I7I. | Ihe rivers Aroostook, De Chute, Piesquillc, and Meduxnekeag, comniit- teil by persons residing in the British Provinces, are very great. Ac- cordingly, aiiangenionts have hitely been adopted, with a view to j)reveiit sucIj piedalor} incursions in luture." lie also states that he forwarded the resolve of the prior session of the Legislature to the President and Secretary, transmitted a copy of the same to the American commissioners, who, in reply, " gave a reasonable ground of expectation that the final decision of the points in controversy respect- ing those lines would have been made in October last." And, from in- jorniation obtained iiom other sources, adds : " All reasonable hope of a speedy adjustment seems therefore to have vanished." The Governor after having received information that British subjects were trespassing on the timber lands of Maine and Massachusetts, on the Aroostook, appointed Benjamin J. Porter, Esq., with the advice of Coun- cil, to proceed immediately to that place, and to notify the persons whom he should find trespassing on the timber lands aforesaid, west of the line which had l)een run by order of the commissioners appointed by the United Stales and Gieat Britain, from the monument at the source of the St. Croix to the line of the Province of J^ower Canada, that if they would pay a proper consideration for the timber they had cut, and desist from any further depredation on that part of our territory, he was autho- rized to settle with them on those principles ; but if they declined, he was tlirected to proceed to Iloulton plantation, and adopt the necessary meas- ures, and obtain such assistance as, in his judgment, would be required to take the trespassers and their teams, and bring them to Iloulton plant- ation, and there keep them until the Executive could be advised of the measures adoj)ted. The agent, thus appointed and instructed, proceeded tQ the Aroostook, .ind found liritish subjects tres})assing there, with whom he settled, and received also the assurances requited, that they would not return, and •would desist fiom cutting the timber. TJie efl'orts thus far made not having produced the intended results, ihe Legislature, January 16th, 1822, passed a resolve, requesting the Senators and Representatives of this State in the Congiess of the United States to collect infoiination touching the causes of the ditlercnces be- tween the American and British commissioners under the treaty of Ghent, respectii;g the boundary line between this Stale and the British Prov- inces of l.,ower Canada ami Nova Scotia, and the extent and nature of the claims set up by the said British commissioners. The resolve was duly communicated. No progress was, however, made, and the object of the resolve was not answered. In February, 18?2, an agent was ap- poirued, with full |)ower to prc\ent trespassing upon the timber in the jiublic lands, on the Aroostook, Madiixnekrag and Presfpiille rivers, and their branches west of the mer idian line from the monument ; and he entered immediately upon the duties of his agency, and visited the places re(|uired, and accomplished the objects of his appointment. The subject is again recurred to, January lUth, 1824, by the Governor in his racssago, which led to no specific act on the part of the Legislature. January 7tb, 1825, the (iovernoi- again calls the attention of the Legisla- lure to Ihe subject of the nor ihea^^ter ri boundary ; stating, also, that he lutd undersloo.lj from respectable sources, that depredations had been [ Senate Doe. No. 1 7 I. J ll9 committed on our timber lands on the Aroostook and Madawaska, and other streams emptying into the St. John ; and that, unless energetic measures are speedily adopted on the part of the State, our valuable lim- ber in that legion will be soon destroyed ; and that, from the represent- ations, the depredations were committed by British subjects. This led to an investigation, as far as the limited means possessed by the Government of this State permitted, and a lesolve passed January 24th, 1825, among other things requesting the (iovernor of this State to correspond with the Governor of the Province of New Biunswick, rela- tive to the depredations which had been committed by British subjects on the timber on the public lands of this State, west of the boundary line between this State and the Province of New Brunswick, as heretofore recognised, and to ascertain whether that Government had authoi ized any persons to cut timber upon these lands or to settle thereon. The land agent of Maine was instructed, in conjunction with such per- son as should be designated by Massachusetts, or if none should be ap- pointed, without that agent, forthwith to take effectual measures to ascer- tain the extent of the depredations on the lands belonging to this State and Massachusetts, or on lands belonging to this State ; by whom the same have been committed, and under what authority, if any, such dep- predations were committed. Tiie Governor was also requested to forward each of the Senators and Representatives in Congress from this State, a copy of the report of the committee on the part of the Governor's message relative to depreda- tions on the public lands ; and of the resolves, and also to request them to take the necessary measures to obtain an early adjustment of the northeastern boundary of this State. The Governor enclosed and forwarded the same on the 25th of Jan- uary, 1825. During the same session of the Legislature, February 22d, 1825, they passed a resolve respecting the settlers on the St. John and Madawaska rivers : " Whereas, there are a number of settlers on the undivided public lands on the St. John and Madawaska rivers, many of whom have resided thereon for more than thirty years ; therefore. Re- solved, That the land agent of this State, in conjunction with such agent as may be appointed for that purpose on the part of Massachusetts, be, and he is hereby, authorized and directed to make and execute good and sufficient deeds, conveying to such settlers in actual possession, as afore- said, their heirs and assigns, one hundied acres each, of land, by them possessed, to include the improvements on their respective lots, they paying the said agent, for the use of the State, five dollars each, and the expense of surveying the same." The Commonwealth of Massachusetts, June Uth, 1825, did provide by resolve, among other things : " Whereas there are a number of settlers on the St. John and Madawaska rivers, many of whom have resided there more than thirty years ; therefore. Resolved, That the land agent of this Commonwealth, in conjunction with such agent as has been or may be appointed for that purpose on the part of the State of Maine^ be, and the same is hereby, authorized and directed to m.ike good and sutTicient deeds, conveying to such settlers in actual possession as aforesaid, their heirs and assigns, one hundred acres each, of land, by them possessed, to include their improvements on their respective lots, they paying to 120 [ Senate Doc. Ko. i71. ] the said agent, for the use of this Commonwealth, fiv'e dollars each, and tiie expense of surveying the 5atne.'' The agents thus authorized did, in the autumn of that year, proceed up the St. John to the IMadawaska settlement, and thence to the mouth of the Marvumpticook, and surveyed, and conveyed, two lots ol land, on the 3d of October, to John Baket and James Bacon, citizens of this State. They had settled above the French neutrals on the St. John and its waters ; and at the time when the settlements on the lots were com- menced, there was no settlement within several miles of them. They also posted up notices, stating their authority, and proposing to give deeds, accoiding to the resolves under which they acted. Tliis year Maine and Massachusetts, in continuing their surveys of the the undivided lands, surveyed all which had not been previously done, and convened two ranges of townships on the meridian lino, running north from the monument at the source of the St. Croix, and above Mars Hill, to a place within a few miles of the liver St. John. The twa grants of .Massachusetts, made in December, 1807, to the town of Ply- mouth, and in January, 180S, to William Eaton, on the river Aroostook, according to surveys made in 1807, compose a pait of the ranges. In a letter bearing date ]May 23d, 1825, from the British minister at Washington to the Secretary of State (f the United States, in answer to his of the 27th March preceding, complaining of the encroachments of the inhabitants of New Brunswick, committed upon lands of Maine and Massachusetts, in cutting and eaiiying away timber within the bound- aries of those States; and the places where the trespasses were com- mitted, weie also described in the accompanying papers to be on the Aroostook and Madawaska rivers. The British minister, in reply, states that he had made inquiries of Sir Howard Douglas, the Governor of New Brunswick, and had been assured by him that the charge, as far as the Government of the Prov- inces was concerned, was unfounded, and that he should use his best endeavors to put a stop to practices in themselves so disgraceful. It was iuithei- stated by Sir Howard, "that in assuming the Government of New Brun^\\•ick, he found that licenses to cut timber, and other acts of sov- ereigtity, had long been exercised on the part of Great Britain over cer- tain tracts of land in which the Bistook," ( Aroostook,) " and Madawaska were included, heretofore well understood to belong to New Biunswick, but subsequently claimed by the commissioners of the United States ap- pointed to negotiate with the British commissioners for adjusting the boundaiy line ol' the respective Provinces; to these claims no disposition w as ever shown, on the })art of Great Britain, to accede." It is not supposed that Sir Howard intended to misrepresent facts, be- cause it would be entirely inconsistent with the honorable character Avhich he is supposed to .sustain ; but acquitted of that charge, his rep- resentations must lie attributed to ignorance of the subject, or want of research into the premises. Compaie the hisloiy of the negotiation of the provibional licaty of peace in 1782, the doings of the commissioners Uhdei- the olii aiticle of tin,' frc.ity of 1791 ; more especially the argu- ment of the British agent, and all the correspondence which preceded the lriadawaska settlement is situated, by cession, would not have been guilty of the omission. Sir Howard still further says: "With regard to the timber cut by- British subjects on the river Bistook, (Aroostook,) the A'ery circum- stance of its having been seized by Mr. Porter, of the State of Maine, proves that the inhabitants of that State consider themselves as at full liberty to appropriate all the timber in that district to their own use. In truth, that territory is especially represented by the Senate of Maine, as lying within the acknowledged boundaries of that State. Now, this is notoriously not the fact ; the British Government contend that the northern boundary lino of the United States, running from the source of the river St. Croix to the highlands, is terminated at Mars Hill, which lies at the southwest of the Bistook, (Aroostook ;) at least, therefore, the British territory declared to be the undoubted property of the State of Maine is but a point in abeyance. Both parties claim, and, it appears, have exercised an equal right over it." That the British pretended any claim to the territory to the westward ol the meridian line from the source of the St. Croix, and southerly of the line of the Province of Quebec or Lower Canada, was totally un- known to the United States until long after the treaty of Ghent, and it seems to have been equally unknown to the British. The observation, " 'i'his was notoriously not the fact," can only apply to a period subsequent to the treaty; when it had been deemed proper by individuals and the subordinate agents of the British Government to acquire, by some means, the territory which they could not demand as a right. The above obser- vation does not apj)ear to be true, from anything which had transpired, of a public character, between the American and British Governments. Such |)re(ended and unfounded claims could not have been, and were not, anticipated. But, after all the pretensions, the claim and exercise of right he admits to be equal, which is extraordinary, when the whole is taken into consideration, and contrasted with the recent origin of and bold assumptions on which they are founded. It has alieady been shown that Massachusetts has made several grants befoie 1808, scjine of which were on the .Aroostook, near the meridian line, from the momnnent at the source of the river St. Croix, and that she and Maine had, in addition to their geneial jurisdiction, exercised all necessary acts of particular jurisdiction. And the British subjects found there committing depredations on the timber, by Mi-. Porter, were there as mere trespasseis, not claitning any right or authority from any source. It was not until long after this period that any persons were there und*»r [ benute J)uc. ^'o. I7l. ] 123 licenses from the Province oi New Brunswick, which caused (he men- tion of it in (he Governor's message in January, 1825, The Bridsh claim, as (hey make it, is even void of |)huisil)ili(y ; (hey ought not to have chaimed the territory upon the BIstook, ( Aroostook,) and upper part i of the St. John and its tributary streams, as a part of the ancient Province i of Nova Scotia; but they ought to liave continued the line from Mars i Hill, eastward, to the bay of Chaleurs, and have insisted that that was I the northern line ; thereby yielding a part of Nova Scotia, and have left ; (he upper part of the St. John and its tributaries, and the Kestigouche i river, in the Province of Quebec or Lower Canada ; and if, by that i means, they had violated one of their favorite principles of exposition, to 1 wit, that tlie Province which has the mouth ought also to have the ! sources of the river, still the whole would have been witliin the geneial sovereignty of Great Britain, one Province only gaining more than the other lost. Yet such a claim, though more plausible, by relieving them from the solecism of destroying the noithwest angle, or rather converting the northwest angle of Nova Scotia into a southwest angle, which can only be arrived at by running first north for more than forty miles from the monument, at the source of the river St. Croix, and then southwest- erly for more than one hundred miles, would have been no better, nor would it be based on a more solid or substantial authority. The British minister then observes: "The Governor of New Bruns- wick informs me he does not consider himself at liberty to altei-, in any way, the existing state of things, as far as regards the district above mentioned, but he assures me that he will take especial care to keep well within the limits of the line of duty marked out for him ; and, consider- ing the shape which this question is now assuming, he will feel it imperative on him to apply imt^iedlately for still more precise instructions for guidance of his conduct In a matter of so much delicacy." More notice has been taken of the foregoing letter than its importance otherwise demanded, on account of its being the first document of an oflBcial character in the archives of this State, which goes to show the British claim as it had been made by their agent under the 5th article of the treaty of Ghent. The Secretary of State, November 25, 1825, wrote the Governor of' this State, enclosing a copy of a note from the British minister to him, and a copy of a note from Sir Howard Douglas to the British minister. On the 25th of December, 1825, the Governor of this State transmitted the Secretary of State of the United States a letter, with a copy of the resolve of this State, respecting the settlers on the St. John and the- Madawaska rivers, under which ihe agent of the State acted ; a copy of the resolve of the Legislature of Massachusetts, respecting the same ; also, the report of the land agent of Maine, detailing particularly the transactions of the two agents under said resolves. From which report it appears that the land agents had pursued the authority given them by the resolves, and had not done some of the acts complained of by the British. The subject of the northeastern boundary was again noticed by the Governor in his message to both branches of the Legislature, the 7th of January, 1826, which was answered by the I^egislature in a report on the 17th of January, and a resolve on the 26th of January of the same 1-Jl I" Senate Doc. No. I7l. ] year. " That the Governor, for the time being, be authorized and re- quested to take such measures as he may tliiiik expedient and ell'ectual, to procure I'oi the use of the State, coj)ies of all such maps, documents, publications, papers, and surveys, relating to the northeastern boundary of the United States, described in the treaty of 1783, and such other in- formation on that suL^'ect as he may deem necessary and useful for this Stale to be possessed of." " Tiiat the Governor of this State, in conjunction with the Governor of Massaciiusetts, (provided the said Commonv.ealth «hall concur in the measure, ) be authorized to cause the eastern and northeastern lines of the State of Maine to be explnred, and the monuments u})on these lines, mentioned in the treaty of 1783, to be ascertained in such a manner as may be deemed most expedient." The surveys of the unappropriated lands of Maine and Massachusetts were continued, and five ranges of townships were surveyed, and ex- tending from the line drawn \Nest from the monument, and extending from that line to Fish river, and near the i iver St. Jolin. The Fish river road, extending from the east branch of the Penobscot river, northwardly, to Fish river, was laid out also under the authority of the States. The resolve was communicated to the Senators of this State in the Con- gress of the United States, and enclosed by the Governor on the day of its passage. And there was procured, in consequence of it, a copy of the general mapcompih,d by the United States^ surveyors, from surveys made under the 5th article of the treaty of Ghent. The subject was again presented to both branches of the Legislature, by the Governor, in his n)essage,on the 4th of January, 1827 ; and the Gov- ernor also, by special message, communicated a letter from the Secretary of State of the United States, dated January 29, of the same year, accom- panied by a letter of Charles R. Vaughan, Esq., the British minister, dated Januai}- 7, 1827, wherein he complains of the acts of Maine and Massa- chusetts, in surveying and laying out townships and roads, and concludes by saying : " 1 think it advisable to make you acquainted, without delay, with the communication which I have received from the Lieutenant Gov- ernor of New Brunswick, whom I beg leave to assure you, cavttiously abslnins orr his part from exercising any authority in the disputed territory, which could invite encroachments as a measure of retaliation." All which were considered, and became the subject of a report in the Legislature on the 12ih day of February, 1827, and a resolve was passed thereon, on the 23d day ol the same month, respecting the northeastern boundary of the State, to \\ it : . " Resolved^ That the (Governor be, and he is hereby, requested to take all such rneasur( s, both in accpiiring infor inntion and in procuring a speedy adjustment of the dispute, according to the treaty of 1783, as he may deem expe(lier)t and for the interest of the State." To this period, nothing of any importance had been obtained under- the resolves of the Slate, although they had been regularly communi- cated ; and all the irrfor rnation which was in possession of the Govern- ment of this State consisted in the few, and very few, copies of letters from the P)ritish minister, which had been elicited by the resohes of the Stale of Maine ; and beyortd tl'iat there was no official information of [ Senate Doc. No. 171. ] 1.5 the proceedings of the commission under the 5lh aiticle of the treaty of Ghent, nor the chiims set up by the Hrilish, except what was derived from public reports, vaji;ue in their nature, and uncertain in their charac- ter. It was not until long after the commissioners had terminated their labors, that any official communication was made which tended to show the British claim ; and even that, from the looseness of its phraseology, seemed to convey no other distinct idea, than that the British, from causes known to themselves, claimed all the country north and west of Mars Hill, as a part of the ancient Province of Nova Scotia ; and even that did not appear until near the middle of the year 1825. The delay to give information to the State of Maine, when it had been so often re- quested, particularly in the letter of the Governor, of July, 1820, to the Executive of the United States, containing a request that some one might be added from the State of Maine to assist in the examination of the subject ; and considering that the sovereignty of the whole country to which the British had, in such an extraordinary manner, and so contrary to the discussions which preceded the treaty of Ghent, pretended a claim, was in Maine, and that the Government of the United States had no constitutional authority to cede any po. lion of an independent sover- eignty, directly or by construction, is certainly very extraordinary. And it cannot fail to appear extraordinary that the same policy on the part of the Government of the United States should be continued, when, by uniting Maine in the controversy, all reasonable ground of complaint on her part would have been removed ; at least, if she had in her sovereign capacity engaged in the controversy, she must have been concluded by the result. If she had mismanaged her concerns, that could never have been brought up as a reasonable cause of complaint against the United States. Maine, as she was in a state of profound ignorance, had no op- portunity to aid or assist the United States ; nor does she claim that she has a right to interfere in the course its Government chooses to adopt; but she has the right of reading the constitution of the United States, of judging for herself, and if she is deprived of the exercise of her sover- eignty and her property, she has a right to remonstrate and assert her rights ; and, by force of the original compact, she is entitled to the aid and assistance of the independent sovereignties constituting the United States, to reinstate her in that of which she has been deprived by an unjust and unconstitutional exercise of power. The promptness, decision, jjerseverance, and ability, with which the Governor has executed the request contained in the last resolve, merits the encomiums and approbation of the State. If further comment were necessary, the fact that all the information which had been so long but unsuccessfully sought, was obtaitred, speaks a language more satisfactory to him and the State than anything we could add. As to the positions taken arid maintained by the Governor, they must be in accordance with the views and common sense of the State, and we cannot present his discussions in a clearer or more acceptable light than to request a fair, candid, and impartial examination of them. With these remarks, and without further comment, the correspondence between him and the Government of the United States is annexed. Thus we have detailed, at some length, the principal facts and cir- cumstances touching the title and the extent of the title of the State to 126 [Senate Doc. No. 171. J territory and jurisdiction ; from uhich it appears that our title is perfect to all ilio tonitory bounded by the southern line of the Province of Lower Canada, to wit : by the line drawn fioni the head of Connecticut liver, along the lands whicii limit the sources of the rivers that fall into the river St. Lawrence, to the head of the bay of Chaleurs, and west- ward of the line drawn due north from the source of the river St. Croix to that line, beinti; the line described and adopted by the Brit- ish Covernment long bcfoie the Revolution, and being the lines which are also described and adopted by the provisional and de- finitive treaties of peace. That the British Government have always, directly and indirectly, conceded our title, in all the negotiations and discussions on the subject, prior to the discussions under the 5th article of the treaty of Ghent, and made no claim of title founded on any in- trusion of theirs, the ministers, who sought it as a cession, not having urged or even stated the fact, except by way of allusion, and that Mas- sachusetts and Maine have always exercised jurisdiction according to tlie title of Maine, and have continued their progress of surveys, sales, and settlements, and other acts, and that the United States have al- ways exercised general jurisdiction, and did in 1820 exercise acts of ju- risdiction, as far as there was any occasion for it. That there was no reason, from any knowledge in possession of the United States, until very recently, and still more recently in possession of this State, more immediately interested, to suppose, that, if the British Government had crossed the above-described lines, she would not, as soon as the lines were surveyed, withdraw, and cease to commit like acts of intrusion; and it has also appeared, from representations made by the British minis- ter to the Secretary of State, " that the [lieutenant Governor of New Brunswick had given assurances that he would cautiously abstain from all acts of authority which could invite encroachments as a measure of retaliation." But, notwithstanding all these facts, circumstances, and assurances, .lohn Baker, a citizen of the State of Maine and the United States, was arrested in his own dwelling-house, situated on the land he purchased of and holds by the deed fiom Massachusetts and Maine, on a warrant and otiiei process s-rved by the sheriff of the county of York, accompanied by armed men, and in the night lime, at least before Baker had risen from his bed, and was carried to Fredeiicton, and thrown into prison, where he is now confined. Processes have also been served, within our ten itory, on the Aroostook, and the cattle and property of our citi- zens have been taken away by the civil officers of New Biunswick. Baker is charged, ainong other things, with an intrusion and trespass on tlie premises h(^ holds under Massachusetts and Maine. When the (Governor of this State had received notice that the sove- reignty of the Slate, by the officer of the Government of New Brunswick, had been violated, in the abduction and imprisonment of one of its citi- zens, and otiier acts, he issued his i)roclamation, and commissioned an agent of the State to procceil to the Province of New Brunswick, to in- (|uiie into the cause of the airest, and the other violations of the State sovereignly, and to demand ol tho (iovernment of New Brunswick the restoration of Baker; all which will more (idly appear in the documents annexed. The Governor has in this, with liis usual pronjptness, dis- cretion, and ability, performed his duty to the State and its citizens. [ Senate Doc. No. 1 71. J U7 The agent, in prosecution of the object of his commission, proceeded to Fredericton, the capital of New Hrunswick, and notified the Govern- ment of his arrival and odicial capacity. lie was not received in his official capacity. From what cause that arose, whether from their own policy, or their misconstruction of the power and authority of the Gov- ernor of this State, is not certain. It seems to us there would have been no ol)jection to the recognition of the agent of this State, had his commission been only to demand a fugitive from justice, or that the Governor of New Brunswick would consider that he was transcending his power, were he to send an agent to this State to demand a fugitive from his own Government. Notwithstanding he was not received in an official character, we are happy to have it in our power to say that he was politely received by the gentlemen of the place. The object of his agency, therefore, so far as it related to the arrest and imprisonment of Baker, totally failed, as it did also in some other respects. His oflicial capacity embraced two objects : 1st. To demand a delivery of persons. 2d. To obtain public information. If not recognised for any other purpose, he might have been pf .mitted as a person authorized to inquire into the truth of facts, important to the rights of the people of the State and peace of the country. From all the facts, we cannot perceive on what ground they can jus- tify the violation of the State and national sovereignty in the arrest of Baker, on his own soil and freehold, which he holds in fee under the States of Massachusetts and Maine, and the other acts of their officers on the Aroostook. On the ground of title, they have no justification, and they can only justify themselves on the ground of a possession de facto^ which cannot by the acknowledged principles of law be extended be- yond actual occupation. In the case of Baker, the settlement on his lot was commenced not within even a possession de facto, feeble and slender as that would be ; and in relation to the Aroostook, there is not even a possession of any kind, unless it has been acquired by the lawless depre- dations of individuals, for which (hey have, from time to time, atoned by settlements with the agents of the State of Maine. Even the few who have settled on the Aroostook, settled there considering it to be within this State, and intending, also, to settle out of the Province of New Bruns- wick. The course pursued by the British must be acounted for on an- other principle than " a cautious abstinence of the exercise of authority which could invite encroachments as a measure of retaliation." When the British are thus attempting to extend their intrusion, and imprisoning and otherwise harassing by legal process citizens of Maine, they have constitutional claims on her protection ; and although Massa- chusetts and Maine, from the treaty of peace, have exercised the same jurisdiction over all the wild lands which had not been particularly ap- propriated for cultivation to this time, if such acts are repeated, it can- not be expected that Maine will be a quiet spectator. It will be her duty to enforce her laws within her own jurisdiction, and to protect her own rights and the rights of her citizens. The Government of the United States have a duty io perforin towards the State, and its citizens, not less tow;uds those who arc for cibly taken from the territory, and imprisoned, than towards those who are taken 128 [ J^'enate Doc. No. l7l. | from the national marine. An agent has been sent to the Province of Nt'W Brunswick, \\ho has returneil, and \vc have a confidence that the whole business will be adjusted, and that the constitutional rights of the State, and the liberties and rights of the citizens, will be protected and preserved. Your committee, impressed with the importance of the subject to this State and the United States, and approving most cordially of the meas- ures taken by the Governor, believe, from the past, that the State has a well-founded assurance that its best interests will be protected, and its constitutional rights preserved, JOHN L. MEGQUIER, REUEL WILLIAMS, JOSHUA W. HATHAWAY, JOHN G. DEANE, HENRY W. FULLER, WILLI AiM VANCE, JOSHUA CARPENTER, RUFUS BURNHAM. STATE OF MAINE. House of Representatives, January 26, 1828. All which, with the annexed resolve and documents, is respectfully submitted, bv order the committee. JOHN G. DEANE. House of Representatives, February 14, 1828. This report was read, considered, and unanimously accepted. Sent up for concurrence. JOHN RUGGLES, Speaker. Attest : James L. Chilos, Clerk of the House of Representatives. I.\ Senate, February 16, 1828. This report was read, considered, and unanimously accepted, in con- currence with the House of Representatives. ROBERT P. DUNLAP, Prestrfcn/. Attest: Ebenezer Hutchinson, Secretary of the Senate. STAl E OF MAINE. A resolve relating to the northeastern boundary. Resolved^ That the Governor be, and he is hereby, requested to trans- mit a copy of the report of the committee to whom was referred so much f Senate Doc. No l7l. ] 129 of his communication, made to the Lei;isl;iturc, as relates to the north- eastern boundary of this State, to the President of the United States, to the Governor of each State in the Union, and two copies to each of our Senators and Representatives in Congress, and each of our foreign am- bassadors ; and that one hundred and fifiy copies be at tlie disposal of the Governor. In the Mouse of REPRESENTA'rivKs, February IG, 1828. Read and passed. JOHN RU(;GLES,.S>efT/fer. Attest: James L. Chii.o, Clerk. In Senate, February 18, 1828. Read and passed. ROBERT P. DUNLAP, President. Attest : Ebenezer Hutchinson, Secretary. February 18, 1828. — Approved: ENOCH LINCOLN. APPENDIX. No. 1 An extract from the grant of James I. to Sir William Alexander, (af- terwards Lord Sterling J passed September 10, 1G21. We do bj these presents give, grant, and convey, to the said Sir Wil- liam Alexander, his heirs and assigns, all and singula]- the lands upon the continent, and the islands situate, lying, and being in America, v/ithin the head or promontory commonly called Cape Sable, in the latitude of forty-three degrees, nearly, or thereabouts, fioni that promontory along the shore, stretching to the west to the bay commonly called St. Mary's bay, thence to the north, by a direct line crossing the entrance or mouth of the great bay, which extends eastward, between the countries of the Siroquois and Etchemins, so commonly called, to the river commonly called by the name of the Holy Cross, or the St. Croix, and to the fur- iherest source or spring upon the wesiern branch of the same, which first mingles its waters with those of the said river; thence, by an imagina- jy direct line, to he drawn or run through the country, or over the land to the north, to thehrst bay, river, or spring, em})tying itself into the great river of Canada ; and from thence, running to the east, along the shores of the said river of Canada, to the river, bay, or harbor, commonly called and known by the name of Gachepe or Gaspee ; and from thence, south- east, to the islands called Baccalaos or Cape Breton, leaving the s ime islands upon the right, and the gulf of the said river or bay of Canada, and Newfoundland, with the islands thereunto belonging, upon the left; and from thence to the head or promontory of Cape Breton aforesaid, lying near the latitude of forty-five degrees or thereal)outs, and from the 9 130 [ Seiiate Doc. No. 17I.J said promontory of Cape Breton, lo llic soiillnvaid ;iml uestuard to Cape Salile alort'said, the place ot" beirinninu;, including and tompiehending uilhin the said coasts and shores ol the sea, and tlie ciicumlercnces theieul, iVoui sea to sea, all the lands U|)on the continent, with the livers, Jorrenis, bays, shores, islar)(ls,or seas, lying near to or within six leagues iVoni any part theieol', on the western, northern, or eastern parts of ine said coasts and precincts of the same, and to the southeast where Cape Breton lies, and to the southward theieof where Cape Sable lies, all tlie sea^ and islands, to the south, within forty leagues of the said sliores, including the great island commonly called the Jsle of Sable or Sablon, lying southeast in the ocean, about thiity leagues from Cape Breton, afoiesaid, and being in the latitude of loity-four degrees, or thereabouts. All which lands aforesaid shall at all times hereafter be called and known by the name of Nova Scotia, or Is'ew Scotland, in America. And if any questions or doubts shall heieafter arise upon tlie interpretation or const! uction of any clause in the present letteis patent contained, they shall all be taken and interpreted in the most extensive sense, and in favor ol the said Sir William Alexander, his heirs and assigns aforesaid. Moreover, we, of our certain knowledge, our own proper motion, legal authoiity, and royal power, have made, united, annexed, erected,, created, and incorporated, and we do, by these our letters patent, make^ unite, annex, erect, create, and incorporate, the whole and entire Piovince and lands of Nova Scotia aforesaid, with all the limits thereof, seas, &c., otfjcers and jurisdictions, and all other things generally and specially above mentioned, into or.e entire and free dominion and barony, to be called at all times hereafter hv the aforesaid name of Nova Scotia. No. 2. Extract from the grant of Charles the 2d, to James, Duke of York, dated Munh 12, 1663. Know ye, that we, for divers good causes, &c., have, &c., and by these presents, &,c., do give and grant unto our dearest brother, .lames, Duke of York, his heirs and assigns, all that j)ai t of the main land of New England, heginniiig at a ceitain j)lace, called or known by the name of St. Croix, next adjoining to New Scotland, in America; and fiom tlience extend- ing along the sea coast unto a certain place called Pemaquie or Pemaquid, and so up the river thereof to the farthest head of the same, as it tendeth northvvaid ; and extending from thence to the river Kimbequin, and so upwaidy, by the shortest course, to the river of Canada, northward. And also all that island or i.-^iands commonly called by the se^■e^al name or names of Matowiicks or Long Island, situated, lying, and being, towards the webt of Cajjc C'od and the nairow Iligansots, abutting uj)on the main land between the two rivers, there called or known by the several names of Connecticut and Hudson's river ; together, also, with the said river, called Hudson's river, and all the lands from the west side of Con- necticut river to the east sidcol Dcdawarc bay. And also all those several islands called or known by the names of Martin's Vineyard, and Nan- (uk(;?, 0/ olhei wise Nantucket. [ Senate ])oc. No. 17I. ] 131 No. 3. Exlrad from the Charter of the Province of the. MassachxiscUs Bay, in New England, dated 1th of October, IGOl, M William and Mary. William and Mary, by (he grace of God, King and (iucen of England, vScotland, France, and Ireland, defenders of tlie iaith, isic, to all to whom these presents siiall come, greeting: We do by these presents, for us, our heirs, and successors, will and ordain, that the territories and colonics, commonly called ot known by the names of the colony of the Massachusetts Bay and colony of Now Plymouth, the Province of Maine, and the territory called Acadie, or Nova Scotia, and all that tract of land, lying be- tween the said territories of Nova Scotia and the said Province of Maine, be erected, united, and incorporated ; and we do, by these presents, unite, erect, and incorporate the same into one real Prov- ince, by the name of our Province of the Massachusetts Bay in New England; and of our especial grace, certain knowledge, and mere mo- tion, we have given and granted, and by these presents, for us, our heirs, and successors, do give and grant, unto our good subjects, the inhabit- ants of our said Province or Territory of Massachusetts Bay, and their _ successors, all that part of New England in America, lying and extend;, ing from the great river, commonly called Monoraack, alias Merrimack, on the north part, and from three miles northward of the said river to the Atlantic, or western sea or ocean, on the south part, and all the lands and hereditaments whatever, lying within the limits aforesaid, and ex- tending as far as the outermost points or promontories of land called Cape Cod and Cape Malabar, north and south, and in latitude, breadth, and in length and longitude, of and within all the breadth and compass aforesaid, throughout the main land there, from the said Atlantic o? western sea and ocean, on the east part, towaids the south Sfta, or \yGst- ward, as far as our colonies of Rhode Island, Connecticut, and t!)e Nara- gansett country; and, also, all that part and portion of main land, begin- ' ning at the entrance of Piscataqua harbor, and so to pass up the same into the river of Newichwannock, and through the same into the farthest head thereof, and from thence northwestward, till one hundred and twenty miles be tinished, and from Piscataqua harbor mouth aforesaid, northeastward, along the sea coast to Sagadchock,* and from the period of one hundred and twenty miles aforesaid, to cross over land from Pis- cataqua harbor, through Newichwannock river; and also the north hall of the Isles of Shoals, together with the Isles of Capawack and Nan- tucket, near Cape Cod aforesaid ; and also the lands and hereditaments lying and being in the country or territory commonly called Acadie, or Nova Scotia ; and all those lands and hereditaments lying and extending between the said country or territory of Nova Scotia, and the said river of Sagadehock, or any part theieof. * The follasvi!i!:,r wonU, viz : "Anci ii[) tlic nver itier. ol m tlie Knybecky river, and llirouKii the same 10 the iiead tliereof, aivl under the land nortinvesi ward, until one hundred aiid twenty miles he ended, heiiig accounted fium ihe riunth of Sagadchock," us inserted m George's ijriints (iVoin which tlu- descriptive part of the honiularies of Maine, in this charter, is taken,) appeiir tohave been inadvcrLnlly oni.tteil, bcin^ nc cessar) to render those hound- aries intelligible; and should fallow the word Sajarlcliocl:, to which the asterisk is affixed. 132 [ Senate Doe. No. l7L | That it shall and may be lawful for the said Governor and General Asseniblv to niaUe or pass any grant of lands lying within the boiimls of the colonies, formerly called the colonies ot the Massachusetts Bay, and New Plymouth, and Province ot Maine, in such manner as heietofore they might iiave done by virtue of any former charter or letters j^alent; which grants of lands, within t'he bounds aforesaid, we do hereby will and ordain to he and continue forever of full force and effect, without our further approbation or consent. And so as nevertheless, and it is our royal will and pleasure, that no grant or grants of any lands lying or cxtentling from the river ol Sagadehock to the gulf of St. Lawrence and Canada riveis, and to the main sea northward and eastward, to be made or passed by the Governor and General Assembly of our said Province, be of any force, validity, or efieet, until we, our heirs, or successors, shall have signified our approbation of the same. No. 4. Copy of Colonel Phillipps's Commission /or the Government of Nova Scotia, 1719. George, by the grace of God, &c. — To our trusty and well beloved Richard Phillipps, Esquire, greeting : Know ye, that we, reposing especial trust and confidence in the pru- dence, courage, and loyalty of you, the said Richard Phillipps, out of our especial grace, certain knowledge, and mere motion, have thought fit to constitute and appoint, and by these presents do constitute and appoint you, the said Richaid Phillipps, to be our Governor of Placentia, in New- foundland; and our Captain-general and Governor-in-chief in and over our Province of Nova Scotia, or Acadie, in Ameiica: and we do hereby require and command you to do and execute all things in due manner, that shall belong unto your said command, and the trust we have reposed in you, according to the several jjowers and diiections granted or ap- pointed you by this i)resent commission, and the instructions herewith given you, or by such further powers, instructions, or authorities, as shall at any time hereafter be granted or appointed you, under our signet and sign manual, or by our order in our privy council, and according to such reasonable laws and statutes liS shall herealter be made and assented to by you, with the advice and consent ol our Council and Assembly of our said Province, hereafter to be apfjointcd. And lor the better administration ol" justice and management of the public aiiairs of our Province, we hereby give and grant unto you, the said Richard Phillipps, lull power and authority to choose, nominate, and appoint, such fitlir.'g and discreet persons as you shall either find there or carry along with you, not exceeding the number of twelve, to be of our Council in our s.iid Provit)ce, till our lurther pleasure be known, and five whereof we do luicby appoint to be a (juorum. [ Senate Doc. No. 17 h ] 133 No. 5. Draught of a Coimnission for the honorable Colonel Cornwallis, to be Governor of Nova Scotia, April 29, 1749. Georj;;c the Second, by tlie grace of God, of Great Britain, France, and Ireland, Kina;, del'endcr of the faith, &c. To our trusty and well be- loved, the honorable Edward Cornwallis, Esquire, greeting: Whereas, we did by our letters patent, under our great seal of Great Britain, bearing date at Westminster, the 11th day of September, in the second year of our reign, constitute and appoint Richard Phillipps, Es- quire, our Captain-general and Govcrnor-in-chicf, in and over our Prov- ince of Nova Scotia, or Acadie, in America, with all the rights, members, and appurtenances, whatever, thereunto belonging, for, and during our will and pleasure, as by the said recited letters patent, relation being thereunto had, n^ay more fully and at large aj)pear : Now, know you, that we have revoked and determined, and, by these presents, do revoke and determine, the said recited letters patent, and every clause, article, and thing, therein contained ; and further know you, that we, reposing especial trust and confidence in the prudence, courage, and loyalty, of you, the said Edward Cornwallis, of our especial grace, certain knowl- edge, and mere motion, have thought fit to constitute and appoint, and by these presents do constitute and appoint, you, the said Edward Corn- wallis, to be our Captain-general and Governor-in-chief, in and over the Province of Nova Scoti^i, or Acadie, in America, with all the rights, members, and appurtenances, whatever, thereunto belonging. March 18, 1752. The commission given to Peregrine Thomas Hop- son, as Governor of the Province of Nova Scotia, is the same, mutatis mutandis, as that given to Edward Cornwallis, Esquire. No. 6. Extract from the Proclamation of the King of Great Britain, of the lih of October, 17G3, establishing four Governments. BY THE KING : A PROCLAMATIOX. George R. Whereas, we have taken into our royal consideration the extensive and valuable acquisitions in America, secured to our Crown by the late definitive treaty of peace, concluded at Paris the 10th day of Feb- ruary last ; and being desirous that all our loving subjects, as well ot our kingdoms as of our "colonies in America, may avail themselves, with all convenient speed, of the great benefits and advantages which must ac- crue therefrom to their commerce, manufactures, and navigation; we have thought fit, with the advice of our privy council, to issue this our royal proclamation, hereby to publish and declare to all our loving sub- jects, that we have, with the advice of our said privy council, gt anted our letters patent, under our great seal of Great Britain, to erect within 134 [ Senate Doc. No. 171. J the cciundies and islands, ceded and confirmed to us by the said tieaty, four distinct and separate Ciovernments, styled and called by the Jiames of Quebec, East Florida, West Florida, and Grenada, and limited and bonnilcd as follows, viz: Fiist, (lie Government of (^uohec, bounded on the Labrador coast by the river St. John, and fiom ihence, by a line drawn from the head of that river, through the Lake St. John, to the south end of the Lake Nipis- sim ; fiom thence the said line crossing the liver St. Lawrence and the Lake Champlain in forty-five degrees of north latitude, passes along the highlands which divide the rivers that empty themselves into the said St. Lawrence from those which fall into the sea ; and also along the north coast of the baye des Clialeurs, and the coast of the gulf of St. Law- rence to Cape Rosieres, and fiom thence, crossing the mouth of the river St. Lawience, by the west end of the island of Anticosti, terminates at the afoi-esaid river St. John. Rqrresentation to his Majesty, with the drought of a commission for Charles Lawrence, Esq., to be Governor of Nova Scotia. To the King's most excellent Majesty. 3/fl7/ it please your Majesty : In obedience to your Majesty's Order in Council, dated the ISth in- stant, we have prepared the draught of a commission for Charles Law- rence, Esq. to be Captain -general and Governor-in-chief of your Ma- jesty's I'rovince of Nova Scotia, in Amciica, which being in the usual form, we herewith humbly lay it before your Majesty, and shall prepare the necessary instructions for him with all possible despatch. Which is most humbly submitted. DUNK HALIFAX, J. PITT, JAMES OSWALD, ANDREW STONE. WniTKHALr-, December 18, 1755. No. 7. Governor Ellis''s Commission, Ajnil 1, 17GI. George the Third, by the grace of God, of Great Britain, France, and Itelnnd, King, defender of the faith, cic. To our trusty and well be- loved llcnry Ellis, greeting: Whereas our late royal grandfather, of blessed memory, did, by his let- ters |)atent, under the great seal of (iieat Britain, bearing date at West- Jiiinster, the day of , in the year of his reign, con- stitute and appoint Charles Lawrence, Es(j., Captain-general and Govern or-in-chicf in and over our I-'io\ince of Nova Scotia, or Acadio, in Amer- ica, with all the i ights, members, and ap|)iirtenances, whatever, thereunto belonging, foi- and during his lati; Miijosty's \\\\\ ■,\v\i\ pleasure^, as by the said recited letters patent, relation being ihcreunlo hud, may more fully [ Sennto Doc. No. 17(. J 135 and at larp;c appear : Now know you, that wo have revoked and deter- mined, and by these presents do revoke and determine, the said recited letters patent, and every chxuse, article, and thini;, therein contained : and further know you, that we, reposing especial trust and confidence in the prudence, courage, and loyalty, of you, the said Henry Ellis, Esq., oi our especial grace, certain knowledge, and mere motion, have thought fit to constitute and appoint, and by these presents do constitute and appoint, you, the said Henry Ellis, to be our Captain-general and Governor-in- chief in and over our Province of Nova Scotia, or Acadie, in America, with all the rights, members, and appurtenances, whatever, thereunto be- longing. No. 8. Draught of a Commission for Montague Wilmot, Esq., to be Governor of Nova Scotia, dated October, 1763. Cieorge the Third, by the grace of God, of Great Britain, France, and Ireland, King, defender of the faith, &c. To our trusty and well be- loved Montague Wilmot, E.sq., greeting. Whereas we did, by our letters patent, under the great seal of Great Britain, dated at Westminster, the day of , in the first year of our leign, constitute and appoint Henry Ellis, Esq., Captain- general and Governor-in-chief in and over our Province of Nova Sco- tia, or Acadie, in America, with all the rights, members, and appurten- ances, thereunto belonging, for and during our will and pleasure, as by the said recited letters patent, relation being thereunto had, may more fully and at large appear : Nov/ know you, that we have revoked and determined, and by these presents do revoke and determine, the said recited letters patent, and every clause, article, and thing, therein con- tained. And further know you, that we, reposing especial trust and confi- dence in the prudence, courage, and loyalty, of you, the said Montague Wilmot, of our especial grace, certain knowledge, and mere motion, have thought fit to constitute and appoint, and by these presents we do con- stitute and appoint, you, the said Montague Wilmot, to be our Captain- general and Governor-in-chicf in and over our Province of Nova Sco- tia, bounded on the westward by a line drawn from Cape Sable across the entrance of the bay of Fundy, to the mouth of the river St. Croix, by the said river to its source, and by a line drawn due north from thence to the southern boundary of our Province of Quebec, to the northward by the same boundary, as far as the western extremity ol the baye des Chaleurs. To the eastward, by the said bay and the gulf of St. Lav.rence, to the cape or promontory called Cape Breton, in the island of the same name, including that island, the island of St. John, and all other islands within sis. leagues of the coast, and to the southward by the Atlantic ocean, from said'cape to Cape Sable aforesaid, including the island of that name, and all other islands within forty leagues of the coast, with all the rights, members, and appurtenances, whatsoever, llicre- unto belonging. 136 [Senate Doc. No. 171.] No. 9. Governor Leg/^c'S Commission. George the 'riiiid, by the giaco of God, ol Great Britain, France, and Ireland, King, defenilor ot" the faith, &:c. 'I'o our trusty and well be- loved Francis Legge, Esq., greeting: Whereas we did, by our letters patent, under our great seal of Great Britain, bearing date at Westminster, the eleventh day of August, in the sixth year of our reign, constitute and appoint William Campbell, Es(j., commonly called Lord William Campbell, Captain-general and Govern- or-in-chief in and over our Province of Nova Scotia, in America, bounded on the westward by a line drawn from Cape Sable across the entrance of the bay of Fundy, to the mouth of the river St. Croix, by- said river to its source, and by a line drawn due north from thence to the southern boundary of our colony of Quebec ; to the northward, by the said boundary, as far as the western extremity of the baye des Chaleurs; to the eastward by the said bay, and the gulf of St. Lawrence, to the cape or promontory called Cape Breton, in the island of that name, in- cludir.g that island, the it-land of St. John, and all other islands within six leagues of the coast; and to the southward by the Atlantic ocean, from the said cape to Cape S;iblc aforesaid, including the island of that name, and all othei- islands within forty leagues ol" the coast, with all the rights, mend)ers, and ap})urtenances, whatsoever, thereunto belonging, for and during our will and pleasure, as by the said recited letters pat- ent, relation being thereunto had, may more fully and at large appear. Now, know you, that we have revoked and determined, and by these presents do revoke and determine, the Sidd recited letteis patent, and every clause, article, and thing, therein contained ; and further know you, that we, reposing especial confidence and trust in the prudence, courage, and loyalty, of you, the said Francis Legge, of our especial grace, certain knowledge, and mere motion, we have thought fit to con- stitute and appoint you, the said Francis Legge, to be our (Japtaingene- ral and Governor-in-chief of our said Province of Nova Scotia, bounded on the westwaril by a line drawn from Cape Sable across the cntiance of the bay of Fundy, to the mouth of the river St. Croix, by the said rivei to its source, and by a line drawn due north from thence to the southern boundary of our colony of Quebec ; to the northward, by the said boundary, as far as the western extremity of the baye des Chaleurs ; to the eastward by the said bay, and the gulf of St. Lawrence, to the cape or promontory called Cape l^reton, in the island of that nan)e, in- cluding that island, and all oihei- islands icilliin .six leagues of the const, excepting our said island of St. John, which we have thought fit to erect into a separate (Government ; and to the soutinvard by the Atlantic ocean, from the said cape to Cape Sable aforesaid, including the island of that n.ime, arxl all other islands within forty leagues of the const, with all the rights, members, and a|)pui tenances, whatsoever, thereunto be- longing. And we do hcrc!)y ic'(|nire and command you to do and execute all things, in due manner, that shall belong unto your said command, and the trust we have iej)oscd in you, according to the several powers and [Senate Ddc. No. 171.] 137 authorities granted or appointed you by the present commission, and the instructions lierewith «^ivcn you, or by such further powers, instructions, and authorities, as shall, at any time hereafter, be granted or appointed you under our signet and sign manual, or by our order in our privy coun- cil, and according to such leasonable h\vs and statutes as are now in force, or shall hereafter be made or agreed upon by you, with the advice and consent of our Council, and the Assembly of our said I-*iovince un- i der your Government, in such manner and ibrm as is hereafter expressed. No. 10. The act of Ike Erilish Parliament^ of the \\th. year of George 2d, 1774, relating to the Province of Quebec, provides as follows : That all the territories, islands, and countries, in North America, be- longing to the Crown of Great Britain, bounded on the south by a line from the bay of Chaleurs along the highlands which divide the riveis which empty themselves into the river St. Lawrence from those which AUl into the sea ; to a point in the 45th degree of noith latitude on the eastein branch of the river Connecticut, keeping the same latitude di- rectly west through Lake Champlain, until, in the same latitude, it meets the river St. Lawrence; from thence up the eastern bank of said river to Lake Ontario ; thence through the Lake Ontario, and the river com- jnonly called Niagara; and thence along by the eastern and southeastern bank of Lake Erie, following the said bank until the same shell be in- tersected by the northern boundary granted by the charter of the Prov- ince of Pennsylvania, in case the same shall be so intersected; and from thence along the said north and west boundary of the said Province, until the said western boundary strikes the Ohio ; but in case the said bank of said lake shall not be found to be so intersected, then following the said bat k until it shall arrive at that point of the said bank which shall be neatest to the northwest angle of the said Province of Pennsylvania, and thence by a right line to the said northwest angle of said Province, and thence along tlie western boundary of said Province until it strikes the Ohio, and along thft bank of the said liver, westward, to the bank of the I^Iississippi, and north to the soutliern boundary of the territoiy granted to the merchants, adventurers of England, trading to Hudson's bay ; and, also, all such territories, islands, and countries, which have, since the lOlh day of February, 1763, been made part of the Government of New- foundland, be, and they are hereby, during his Majesty's pleasure, an- nexed to and made a part of the Province of (Quebec, as created and established by the said royal proclamation ot the 7th of October, 1763. 138 I Senate Doc. No. 171. | No. 11. Extract from the British As;cnt\ty themselves or whose mouths are within its territory, upon the seacoast, respectively. The cfi'ect, so far as it rcj^ards the United States, is completely secured by the treaty, in all events ; and thence we have further reason to suppose it was intended to he reciprocal in this respect, if a just interpretation will warrant it. A line due north from the source of the western or main branch of the Scoudiac or St. Croix will fully secure this effect to the United States in every instance, and also to Great Uritain, in all instances except in that of the river St. John, wherein it becomes impossible., by reason that the sources of this river are to the westward, not only ot the westein bound- ary line of Nova Scotia, but of the sources of the Penobscot and even of the Kennebec, so that this north line must of necessity cross the St. John ; but it will cross it in a patt of it almost at the foot of the highlands, and where it ceases to be navigable. But if a north line is traced from the source of the Cheputnatecook, it will not only cross the river St. John, within a!)out fifty miles from Fredericton, the metropolis of New Bruns- wick, but will cut off the sources of the rivers which fall into the bay of Chaleurs, if not of many others, probably of the Meramichi among tliem, which fall into the gulf of St. Lawrence, and thereby be productive of inconvenient consequences to the two Powers, if not of contention be- tween them, instead of " terminating their differences in such a manner as may be best calculated to produce mutual satisfaction and good under- standing," which is one of the principal and avowed objects of the treaty. Had the treaty intended that this north line should intersect a number of rivers which empty their waters througii a British Province into the sea, a right of navigation or passage down those rivers would doubtless have been secured to the United States by the treaty. That this was not the intention of the treaty, not only appears from the facts and rea- soning that have already been adduced, but from a further consideration, that in most, if not all, the maps of the interior country, published before the year 1783, although the sources of the river St. Croix are very inac- curately laid down, still it is very uniformly made to terminate in a lake near the eastern branch of the Penobscot; and a line drawn north from that termination, upon those maps, will not intersect any of the rivers which empty themselves into the sea to the eastward of the mouth of the river St. Croix, except the river St. John. Thisfurnislies an unanswer- able argument, so far as any fair conclusions can be drawn liom those maps in proof, not only that the river Scoudiac is the true ancient river St. Croix, and consequenlh) intended by the treaty of peace under the name of St. Croix, but that its true source is upon that western branch, in a lake, near to an eastern branch of thes river Penobscot. If, then, there were any doubt remaining which is the true source of the river St. Croix from which the line due north to the highlands is to be traced, the inconveniences above mentioned would form the strongest ai- gument against a decision from which they would result, and in lavor of that by which they will be avoided ; much more so, when the latter de- cision will correspond with and be supported by so many other incontest- able proofs and arguments, clearly establishing the river Scoudiac, to the 142 [ Stiv.ite ])oc. No. 171. ] source of the \\e>tcrn branch, to be the river St. Croix, truly intended under that name, in the tieaty of peace, and running; a pait of the boundary therein ilescribed ; and the northwest angle of iVova Scotia, mentioned in the same treaty, to be Ibrmed by a line drawn due north from that source to the hii«;hlands described in the treaty. Whether, therefore, we follow tlie words of the grant to Sir William Alfxandei', by which we must be at all events concluded, or follow the main branch of tiie river jetaininf£ llu; s.ime name, or are j^overned by the uniform decision of geographers and historians of credit upon the subject,, and the rules and principles of the law of nations for the interpretation of; treaties, we shall be led to the same place as the source of the river from which the line due north must be traced to the northwest angle of Nova Scolia. Hut even if it had r)ot been known, at the time of the grant to Sir Wil- liam Alexander, that this river- had two branches, and the grant had been exjjressed generally, to the furtliest source oV the river St. Croix, still the main branch, or- that retaining the name of the river at its mouth, must have been followed to its source, not only to satisfy the words of the grant, but to give it its intended consliuction and operation. It clearly apjtears to have been the intention of the grant to give as large a territory to be erected into the Province of Nova Scotia, as the liver St. Croix could give by tracing a line due north fr-om its source to the great river Canada ; and it is expressly provided in the grant, con- trary to the general rules for the construction of the King's grants, that if any questions or doubts should thereafter arise upon the interi>retation or construction of any clause contained in the grant, that they should all be taken and interpreted in the most extensive sense, and in favor of the said Sir William Alexander. Having traced the original boundaries of the Province of Nova Scotia to the farthest source or spring of the river St. Croix, upon the western branch thereof, and thereby found the utmost western limits ol the Prov-^ ince, it remains only to discover its utmost northern limits, in order tOr ascertain the northwest an^le we are in search of. The Province oi' Nova Scotia, at the time of the treaty in 1783, was, as has already appeared, bounded to the northward by the southern boundary of the Province of Quebec, which boundary was established by the royal proclamation of the 7th October, 1763, and confirmed by the act of the 14th George 3, c. 83, passed in the same year with the act of Parliament already cited, by which it is enacted that all (he terri- toiics, islan(is, and countries, in North America, belonging to the Crown of (jrcat Britain, bourrded on the south by a lirie from the bay of Chaleurs, along the highlands which divide the rivers that empty them- selves into the river St. Lawrence from those which fall into the sea, to a point in forty-five degrees of northern latitude on the eastern bank olthe liver Connecticut, iic, be annexed to and made a part and parcel of thi,' Province of (Quebec. As, then, at the treaty of peace in 1783, the noiiiiern limit of the Province of Nova Scolia was " a line along llii' highlands which divide the rivers that (.inpiy themselves into the river of St. Lawrence, from those which fall into the sea," it unciuestionably follows, that the north- west angle of Nova Scotia, at the time of the treaty of peace in 1783, [ Senate Doc. No. 171. ] 143 was thai angle which was formed by a line drawn due north from the source of the liver St. Croix to those highlands. If we now compare this angle w ith the northwest angle of Nova Scotia, described in the treaty of peace, viz : that angle which is iormcd by a line drawn due north fiom the source of St. Croix river to the same highlands, can it be said, with any dcgiee of ])ropiiety, that " the limits and boundaiies of the Province of Nova Scotia were unknown at the lime of the treaty of peace in 1783, and that it therefore became necessary to give it a western boundary by the treaty itsell", in these words, to wit : that angle which is formed by a line due north from the source of the river St. Croix to the highlands ?" Can it be believed, or for a moment imagined, that, in the course of human events, so exact a coincidence could have happened between the actual boundaries of the Province of Nova Scoiia and the boundaries of it described in this treaty, if the latter had not been dictated and regu- lated by the former? Can any man hesitate to say he is convinced that the commissioners at Paris in 1783, in forming the 2d article of the treaty of peace, in which they have so exactly described this nortlnve.st angle, had reference to, and were governed by, the boundaries of Nova Scotia as described in the grant to Sir William Alexander, and the subsequent alteration of the northern boundary by the erection of the Province of Quebec ? Will not this conviction become irresistible, when he adverts to the reservation made to his Majesty in this article of the treaty, "of such islands as then were, or theretofore had been, within the limits of the said Province of Nova Scotia, and to the islands included and compre- hended within those limits, as described in the grant to Sir William Alexander, some of which might have belonged to the United States, as lying within the limits of those States, but Ibr the exception of them in the treaty ? Let us now compare the western boundaries of the Province of Nova Scotia, granted to Sii- William Alexander, wiih the corresponding eastern boundaries of the United States. As the liver St. Croix is not included in the giant to Sir William Alexander, as stated by the agent of tiie United States ; and as it was not intended to be included, because, as has been made to appear, this river St. Croix was an agreed boundary between the Province of Nova Scotia, erected by this giant, and the territoi-y of New England, granted to the grand council of Plymouth, it follows that the line of this grant to Sir William Alexandei' must legally be construed to run through the Jiiiddle of the river, the rirer not being assigned inclusively to either territory. Upon this principle, then, this part of the western boundaries of the Province of Nova Scotia, in the grant to Sir William Alexander, will be a north line, across the mouth of the bay of Fundy, to the river com- monly called by tiie name of the St. Croix, and through the same, to the farthest source or spring upon the western bianch thereof., including and con)prehending all islands within six leagues to the westward, northward, and eastward, and within forty leagues to the southward of any pait ol the premises described in the grant. And the corresponding eastern boundary of the United Stales, by the 2d article of the treaty of peace, is, " aline to be diawn along the 14 4 [Senate "Doc. No. 171. | middle of the river St. Croix, from its mouth in tlic hay of Fundy, to its source, iiichuliiij;; sucli islands as then were, or theietofore had been, witiiin the limits ol' the said Province of Xuva Scotia;" referring to the Province of Nova Scotia, of which the northwest angle, before described, was made the first station or boundary ironi which the boundaries of the United States were traced. As it has aheady been shown that tlic source of tliis river St. Croix, otherwise called Scoudiac, upon the western branch, and near to a branch of the Periobscot, to which there is a })orta<:e or carrying place from it ; the sajne place is evidently conteniplated as the source iVom which the line due north lo the highlands is to be drawn, both in the grant to Sir William Alexander, and in the 2d article of the treaty of peace; and, consequently, this part of the western boundary of Nova Scotia, in the grant, is precisely the same with the coriespondiiig eastern boundary of the United Slates in the treaty. Thus the fust principle staled in this argument is established beyond all contradiction, " that, by the second article of the treaty of peace, it was intended that no i)art of the Province of Nova Scotia should be there- by ceded to t!)e I'nited States ; but that the Province of Nova Scotia, according to its ancient limits, should be and remain a {)art of the terri- tories and dotninionsof his Majesty, as his Majesty had, before that time, held and |)osscssed the same." And this j)rinciple being established, the necessity of examining into, and asceitaining j)iecisely, the ancient boundaries of the Province ot Nova Scotia, in the manner that it has been done, is clear and obvious ; and the result of that examination, compared with the boundaries in the treaty of peace, thus serves, in its tuin, to confirm the principle. 'I'his principle being evident from the words of the treaty of peace it- sell', no explanation of the treaty, by either party, inconsistent with this true and obvious intention of it, can be received consistently with any of the rules and principles of the laws of nations, universally aclcr.owl- edged and admitted obligatoiy in such cases, as has already been made to appear, and will be more full}^ shown in a more particular reply to the arguments advanced in suppoit of the claim of the United States. From the foregoing facts and arguments, the underwritten agent feels himself warranted in concluding that the liver Scoudiac is the river truly intended under the name of the river St. Croix, in the treaty ol peace, and forming a part of the boundaiy therein described ; and that the north- west angle of Nova Scotia, intended by the treaty, is that angle which is formed by a line drawn due north from the farthest souice or spiingof the western or main bianch of the Scoudiac to the highlands descril)ed in the treaty. As the fnial dedaiation to be made by this honorable board, deciding what river is the river St. Croix intended by the treaty of peace, must particularize the latitude and longitude of its mouth, as well as of its source, it may be ptopei-, anri perhaps necessary, in this place, to say a l"(*w words respecting the mouth of the river Scoudiac, which has been so fully proved to be the liver St. (^roix intended by the treaty. By an inspctction of the plan o<' the surveys now befoic the board, it will appear, in conformity to ('h;impl;iin's authority, that its j)roper mouth is where it empties itsell into that pait of I'assamacjuaddy bay, which was [ 8cna(e Dor^. No. 17 1.] 145 formerly called the bay of St. Croix, and is now called St. Andrew's bay ; ;uid (his mouth is traversed by a line drawn from the noith point of St. Andrew's harbor, commonly Joe's point, across the river to the op- posite point upon the western shore, near to the place wliere Mr. Brewer now lives. In confirmation of this, the Indians [noduced and examined before the board, as witnesses on tbc part of t!ie United States, have testi- fied that, from Brewer's, upwaids, the waters are called Scoudiac, and irom tlience, downwards, Passama(|uoddy bay. And the author of the History of the District of Maine also speaks of the proper mouth of this river as being at or near St. Andrew's, \vhere he says: " 'I'he English now possess the country as far west as the east bank of the Scoudiac, at its mouth." It l)ein2; established that the river Scoudiac, under the name of the river St. Croix, made a part of the original boundaries of the Province of Sova. Scotia, and continued to be a part of its western boundaiy at the time of the treaty of peace in 17S3, it may be proper now to inquire whether that Province has, in fact, exercised its jurisdiction agreeably to those limits ; and to ascertain this fact, as far as it regards this western boundaiy, we can go no further back, Avith any degree of accuracy, than the treaty of peace in 1783 ; for, previous to the war immediately j)rocc- ding that period, tliis part of Nova Scotia, or Acadie, had been, with little interruption, in the hands oi' the Frenc!), notwitlistanding the treaty of Utrecht, by which it was fuliy ceded to Great Britain The whole country coming into the possession of his Britannic Majesty, by the treaty of 1763, we are from thence to date our inquiries respect- ing the jurisdiction in fact exercised over tiiis part of the country, down to the peace in tlie year 17S3. The boundaries of the Province of Nova Scotia, as described in the commissions to the Governors of it, from his Majesty, during that period, conl'ormed as we have seen to the boundaries of it, as described in the grant to Sir William Alexander, without aii}^ material variation, except tiie alteration of its northern limits, occasioned by the erection of the Province of Quebec. No. 12. Copy of the declarallon executed by (he Commissioner, viz : By Thomas Barclay, David Howell, and Egbert Benson, commission- ers ap])ointed in pursuance of the fifth article of the treaty of amity, com- merce, and navigation, between his Britannic Majesty and the United States of America, finally to decide the (juestion '■'• what river was truly intended under the name of the river Saint Croix^ menticmed in (be treaty ot peace between his Majesty anci the United States, and foiining a part of the boundary therein nescril)ed." DECLARATIO.V. We, the said commissioners, having been sworn " inip;ir(ially to examine and decide (he said question, according to such evidence as 10 MR [ Senate Doc. No. 171. ] should respectively be laid before us on the part of the British Govern- ment and the United States, and having heard the evidence which hatli been laid before us by the agent of his Majesty, and the agent of the United States, respectively appointed and authorized to manage the business on behalf of the respective Governments, have decided, and hereby do decide : The river hereinafter particularly described and mentioned, to be the river truly intended under the name of the river St. Ci nix, in the said treaty of |)cace, and forming a part of the boundary (herein described ; that is to say, the mouth of the said river is in Pos- samaqtioddy bay, at a point of land called Joe's Point, about one mile northward irom the northern jiart of Saint Andrcio^s island, and in the latitude of forty-five degrees five minutes and five seconds north, and in thv longitude of sixty-seven degrees twelve minutes and thiity seconds west from the royal observatory at Greenwich, in Great Britain, and lliree degrees fifty-four minutes and fifteen seconds east from Harvard (yoUegc, in the University of Cambridge, in the State of Massachusetts; and the course of the said river, up from its said mouth, is northerly to a point of land called the Devil's Head ; then, turning the said point, is westerly to where it divides into two streams, the one coming from the west'.vard, and the other coming from the nortlnvaid, having the Indian name of Clifpuinalccoak or Chibniticook, as the same may be variously spelt ; then up the said stream, so coming from the noi thward, to its source, which is at a stake near a yellow birch tree, hooped with iron, and marked S. T. and J. H. 1797, by Samuel Titcomb and John Harris, the surveyors employed to survey the abovementioned stream coming from the northward. And the said river is designated on the map heieunlo annexed, and hereby referied to, as further descriptive of it, by the let- ters A, B, C, D, E, F, G, H, I, K, and L. The letter A being at its said source, and the course and distance of the said source, irom the island at the confluence of the abovementioned two streams is, as laid down or» the said map, north forty-five degrees and about fifteen minutes ; west, by the magnet, about forty-eight miles and one quarter. In testimony whereof, we have hereunto set our hands and seals, at Piovidence, in the State of Khode Island, tlie twenty-fifth day of Oc- tober, in the year one thousand seven hundred and ninety-eight. THOMAS BARCLAY, [r.. s.] DAVID HOU ELL, [l. s.| EGBERT BENSON, [l. s.] \\ itness : Edwahd VV'iNShow, Secretary to the Co7nmissioncrs. No. 10. Cnj>ij of vncxcciiled Dcclaralion. \\\ the commissioncis appointeciated by yourself and by the President. While that anxiety is here entertained by all the citizens, it is not only with reference to an important local concern, but is connected with their inclination to a harmonious action with all who consent to admit of it. In pursuance, therefore, ot the resolve of the Legislature of Maine, I have the honor to solicit such information relative to the northeastern boundary of that Stale as the i^residont may deem pio])er to consent to have communicated. It is al>o my duty to add, that great benefit will be deriveil from an ear ly determination of a claim harassing to the State, interrupting ils best puisuils, ihreatening to .^ome of its best hojies, and believed to he unfounded. [ Senate Doc. No. 171. ] 1 19 No. 15. Letter from the Secrctarij of State of the United States to the Governor of Maine. Washington, March 27, 1827. Sir : I liavc to acknowledge (he receipt of the lettei- whicli your excel- lency did me the honor to address to me on the 20(h instant, with a copy of the report of the joint select committee of the Senate and House of Kepresentatives of the State of Maine, enclosed, hoth of which I have submitted to the President. The deep interest which is t:dcen by the State of Maine in the settlement of our northeastern boundary with Great Britain is veiy natural ; and I assure you that it is a subject on which the President I'eeis the most lively solicitude. Mr. Gallatin is charged with, and has actually entered on, a negotiation concerning it, but which was not brought to a close at the last dates from him, nor is it probably yet terminated. At that period the prospect was, that there would be no other alternative than that of referring the difference be- tween the tvvo' Governments to aibitration, according to the provisions of the treaty of Ghent. Much dilhculty was experienced even in adjust- ing certain preliminary points necessarily connected with tlie reference, and they have not yet been finally arranged. When an application was made during the session of Congress prior to the last, by the Senators of Maine, for copies of all the papers in this department respecting the disputed boundary, it was not deemed expe- dient to furnish copies of the reports and arguments of the commission- ers, the publication of which, it was believed, Avould be prejudicial. Copies of any surveys, maps, or documentary evidence, were offered. The same considerations which ihen existed are still believed to be opposed to letting copies go from this Department of those reports and arguments. With that exception, copies of any of the other papers re- turned by the commissioners will be furnished, whenever a})plication is made for them. It is stated, in the report of the joint select committee, that '■' we cannot view^ the acts complained of by the British Government as en- croachments upon the rights of Nev/ Brunswick or Great Britain, for they relate, and were only intended to relate, to the territory within the description of the treaty," Although the President might be disposed entirely to coincide in this opinion with the State of Maine, it must r )t be forgotten that an opposite opinion is entertained by Great Britain, with whom we are now treating. If, whilst the controversy is unsettled, and during the progress of a negotiation, each party proceeds to take pos- session of what he claims to belong to him, as both assert title to the same territory, an immediate collision is unavoidable. The British Government has abstained, according to the assurances given through their minister here, from the performance of any new acts which might i)e construed into an exercise of t!ie rights of sovereignty or soil over the disputed territory ; and they so abstained on our representation, and at our instance. Under these circumstances, the President continues to think that it is most advisable that we should practise the like forbear- ance, as recommended in the letters which I had the honor of addressing 150 [ Senate Doc. Xo. 17 1- ] toyoiir cxctUcnc V on (lie 4th of Jaiuiary oftlie last, and thc'29lh of January ofthc present year. This mutual forbearance is believed to be essential to the harmony between the two countries, and may have a favorable tendency in the amicable adjustment of the difference between thetn. It is worthy also of consideration, that although Maine is most, she is not the only State, interested in the settlement of this question. Your excellency may be j)erfectly persuaded tliat every eflbrt will be enipli>yed to obtain a satisfactory and as speedy a decision of this matter as may be practicable ; and that not less attention will be paid to it than has been shown, on the part of the Executive of the United States, in the adjustment of their boundary in another part of the Union, to which you reler, wliilst it is hoped that some unpleasant incidents which occurred there may be avoided in the northeast. I transmit, herewith, for the consideration of your excellency, an ex- tract from a despatch of .Mr. Gallatin, under date the 30th of October last. No. IG. Letter from the Governor of Maine to the Secretarij of State of the United States. Portland, April 18, 1827. Sir : I had the honor to receive your letter, bearing date March 27th, ultimo, to which it is my duly, as the only organ of communication of the people of Maine, at this time, and on this occasion, to reply. The rights, to which my care will appear to you to be now^ directed, are not, as 1 trust, jeopardized ; but they are so interesting as to demand the sedulous attention of those functionaries of this State who are placed in relations which enable them to lepresent, through you, to the Presi- dent, the feelings and principles requiring of Maine its special regard, and which may be respectfully offered to the country and the adminis- tration. Without bringing the subject to that lest of deej) and general anxiety, by wliicli, in a certain contingency, it must be tried at last, I shall oiler a frank and sincere reply. The extracts Irom Mr. Gallatin's communication, with whicii you favored me, being the foundation of some of your remarks, allow me to advert to a view of the subject, to which he informs you he was led by procedures of the Legislature of New J5runswick. I now refer to what lie has said as to propositions of conipromise by agents of Maine and Massachusclfs, relating to the boundary line. The danger of infeiences, under such circumstances, Irom the " j)roceedings of the Legislatuie of N(;w lirunswick," is so evident, ihal you willnot be surprised by a denial of iheir correctness. Assenting to the idea that " piopositions on our i)art, inconsistent with our construction of the Irealy, and which would not secure to us all the waters which empty into the St. John's west of the line running north from the source of the St. Croix, would be dang(uous," and being also jjrepared to admit tliat Maine would be inconsistent, and unjust to her- sell, in nuking such piojjositiuns, ! shall satisfy you that she has not been [ Senate Doc. No. I 7 ( . ] 151 ©ff her guard in the manner which called forth your friendly interven- tion. And, fust, allow me to assure you that there is no occasion for alarm on (ho pait of the administration or its minister in England, that Maine will jeopardize the common welfaie, by failing to insist on ihc justice and indefeasible character of its claim, or hy shrinking from •-» firm asseition in any alternative. The agents whose supposed acts " would seem, from certain proceed- ings of ihe Legislature of New Brunswick," to have been as incnutious as is represented, had no authority to propose any compromise as to our boundary; and if any was oft'ered, it was officious and unwarrantable; but I am enabled to inform you that the affair has been misrepresented to Mr. Gallatin, and I should offer the proofs of the coriectness of this assurance, in detail, if I did not believe it improper to pursue the consid- eration of inofficial acts, and of statements ill-founded, or if otherwise, inconsequential. Grateful, therefore, for the attention evinced by the <'.aution he has given, however unnecessary, we will receive it as the pledge of his vigilance and ability. In concluding, as to this point, let me fortify you against any oppre- hension that Maine will yield too much, by declaring to you, plainly, that it is not believed that either the treaty-making or executive power of (he United States extends to the cession or exchange of the territory of any State, without its consent ; and that, for a stronger reason, no State can barter that domain in which the Union has also an interest, and that ju- risdiction which the highest political duty requires it to exercise. Maine will, surely, I believe, so far maintain these principles as to warrant a reliance against indiscreet and unconstitutional concessions, and a confi- dence in the application of her means to the repulsion of aggression. I have full reliance upon her disposition and ability to render the Presi- dent all the aid which can be desired against the unfounded and pre- sumptuous claims made equally against her and the Union, to promote an object suggested and supported only by an ambition and cupidity which, although natural, is nevertheless, on our part, altogether objec- tionable. If these views shall not satisfy the President of the confidence to which iMaine is entitled, as to the assertion and defence of her rights, I shall, with pleasuie, offer those further proofs which I omit at present only from the desiie of engaging your indulgence for a few additional observations. It was with much regret, not unmingled with mortification, that 1 con- sidered your denial of the use of the repoi-ts and arguments of the com- missioners under the treaty of Ghent. Frons the want of that informa- tion, which it was hoped the United States would yield to a party having the same interests with themselves, and only desirous to sustain them, it is assumed that there are leasons for j^our decision through which that respect will be commanded, now, from great deference, proffered in an- ticipation. Wishing to act in full coincidence with the vie\\s entertain- ed by the federal administration, the State must be bound to believe in a mutual regard, and to endeavor to avoid anv embarrassing applica- tions on her own part; but it may not be unsuitable for her to expect a degree of confidence in return. All that forbearance which ihe occasion requires will, as I may safely assure you, be exhibited by this State. While her extensive and vaUia- 162 [ Senate Doc. No. 17 I. ] ble tracts of wild land, which might olheiuisc soon be improved, remain unsettled ; while her jMOj^ress in \\ ealth and power is checked in a most disastrous manner, at the period niost I'avorable to giving an impulse to her prospeiity ; while many inipoiiant resources are loft dormant during the pendency of the dispute as to her property and jurisdiction; while a liontier, which niiy.ht soon be made sdong, remains unfortified by the freemen anxious to occupy it, she will, I doubt not, forbear, on the re- quest of the General Covernment, until the imperious call of duty shall summon her to occupy her inheritance. Seeking to promote, by all suitable concessions, the amicable adjustment you refer to, she will only wiihdiaw her deference and submis'sion when a claini, unjust in itself, m.y seem to expose a portion of her territory to incorporation with a Piovince. With this spirit of foibearance, she has sought inlormation only as to an interest vital to herself, as well as important to the country, without any purpose calculated to excite distrust, with only such patriotic views as have rendered the refusal to comply with her request a subject of th.at species of surprise which a friend, predetermined to take no of- fence, leels when he is not treated with coriespondent confidence. IMaine, sir, was with great dillicuity introduced into the Union ; but, if 1 recollect rightly the arguments which were used, she was introduced as a sovereign and indej)endent State. As a free, sovereign, and independent republic, n^r.y we not be per- mitted to iiave communication with tlic authorities of the Union ; or do they mean that we shall submit imj)licitly to their direction, however wise it may be, at the same time that they declaie their conviction of the j)ropriety of withholding information? The general concerns of the Union are, of coui'se, communic;.ted only to the whole, but that which relates to a particular con^.munity, where its daily intercourse demands infoimation, seems to warrant the request I have made, and which I am reluctantly impelled to lenew, with this modification, that any communi- cation made in return \\i\[ be received, if so re(juired, subject to a le- striction on publicity beyond a communication to the Legislatuie, in the usual terms of confidential conimunicalions- If the Piesident will not consent to this, we must yield, v.ith the deference we owe to the station he liolds, to the claims he has on our afiections and confidence, to the information he possesses, and the prudence he displays, to any extent within which the absolute and indefeasible rights of Maine may not be compromitted. Will you permit me to add, that as to all beyond that, this Stale may probably chiim the right to use her moral and })hysical eruMgies, as she may be directed by the future emergencies; and I am sure, if her good will shall impel lier, with jjowei- enough to sustain her right to soil anil jurisdiction, wherever she may probably claim them aj;ainst any proljable foreign and airogint assumption ; especially with the aid of the; (Jeiieral Government. I do not wish to weary youi- patience by urging the j^articular argu- ments which might sustain my proposition. It is true, sir, tliat Maine is iHit the only State interested. The Union is interesled, and each Slate is .'-everally inlerestefl, in having a powerful comn-.unity on our north- eastern boundary, which may, like New York in the last, be the pride and defence of the nation in the next war. Whenever again there shall be a struggle between the navies and armies of this republic and Great [ Senate Doc. No. 171. ] 153 Britain, the position of Maine will require activity, strength, and confi- dence. She will he exposed to a large portion of danger and suifering, and will he, i ho])e and helieve, resolute to actjuire the glory to which such exposure, with unimpaired means, will invite her. Politically peninsulated, with three foreign Governments pressing upon her horders, with the high amhition in9i)ired, and the high resj)onsibility created, by her destination, can it be believed that she will relinquish her lesources, sulVer her landmarks to be removed, and yield to a most presumptuous arrogation of a foreign Power ? I trust you will more highly appreciate her intelligence and spirit than to imagine that so de- grading and pernicious a surrender can be consented to by her. But, is she authorized even to consider this question, and to determine the extent of her municipal jurisdiction, and that of the territoiial limits within which she will exercise it } W a mandate of the Executive of the United States, under an act oi the treaty-making power, is, upon princi- ple, imperative, she ought to be silent and passive ; but if not, however coniidently she may rely upon her safety, as guarded by wisdom and patriotism, she ought to announce her wishes and her principles. While, under treaties with Great Britain, the boundary in disj)ute has been settled, the difficulty has occurred only as to the application of the rule, in those treaties contained, to the surface of the ground. The right, to the full extent of the first treaty, is perfect. It was not created by that treaty, but its existence was prior to it ; and no surrender could have then been made without the consent of the proprietor and the sovereign. No surrender was made, and there is not a moral or political, in other words, a governmental force, sulficient to change the true, honest, deter- mination of the landmark. And there is nothing but sophistry, and that ignoble spirit of compromise, which exists not in this republic, which will consent to the obvious and monstrous falsehoods to which ambitious and artful jiretensions have led the enemies of Maine. In regard to the sentence which you have extracted from the report of the joint select committee, as it contains a sentiment approved by the Legislature, and acquiesced in by the people, I shall trouble you with a brief comment in regard to it. It rests upon the idea, before suggested, that Maine, with Massachusetts, has a perfect title in the disputed terri- tory, and that the former State has a vested, indefeasible, jurisdictional control over it, the exercise of which it may irresponsibly apply. It is a proposition, which has been demonstrated by yourself so clearly as to have commanded general respect, that the abstraction of the territory of the United States cannot be made by the treaty-making or executive power. Much more, then, must the domain of a State, within its ac- knowledged limits, be sacred, and much more and more is it evident that neither department of the Federal Government, nor all, can be the exclusive and final arbiter as to the ascertainment of a boundary already established in description ; because, if one department, or all, have this powei-, they may ascertain the line falsely, indirectly cede our State, converting it into a British dependency, and thus, by the arguments I had the invaluable satisfaction of hearing applied in another case, vio- late the constitution. If, therefore, the committee have fallen into error, it has not been in the princijjle of their judgment as to the rights of this State, abstractly considered, but in their view of the extent of our ter- 15 1 [ Senate Doc. No. 171. ] litory, and of tlic application of our authority over it. They, in fact, substantially assert, that the treaty of 1783, in connexion with original j^iants, and subsequent and correlative circumstances, established and deliiicd our bounds, so as to j)reclude just complaint of our public acts, within the scope of those lef;itimate powers which, at the discretion of the State, it may, within those bounds, anywhere apply. The doctrine of the committee can only be refuted by proving that the national au- thoiity is exclusive as to the adjustment of our exterior boundary ; but let it be recollected that the present case only admits the ascertainment of a line by a rule prescribed, and not the creation of one arbitrarily, or, iii other words, by arbitrament. A right was vested in a third party be- fore the Union existed, and has been confirmed by it since. In short, the committee, it is believed, may be considered as claiming such respect as may be attached to those who have truly exhibited the sentiments of this community. Anxious, as in my situation 1 cannot avoid being, for the preserva- tion, during my continuance in oflice, and always after, of the rights of the State, 1 must express my alarm at a portion of Mr. Gallatin's letter. He says, " an umpire, whether a king or farmer, rarely decides on strict principles of law; he has always a bias to try, if possible, to split the dilFerence," &c. And yet I am informed that there has been in progress an arrangement of the preliminary points for constituting such an um- pire. I cannot hut hope that no arrangement will be ellected which will endanger the half, from tlie mere circumstance of a wrongful claim to the whole, under the pitiful weakness which is liable to split the dif- ference between right and wrong. Let me add, in this particular pait of my letter, most respectfully, but solemnly, the sentiment, that Maine is bound to claim at the hands of the Federal Government the protection of the integrity of her territory, the defence o( her sover(!ignty, and the guardianship of her State right.-. She is called upon to urge this, that she may be rather permitted to rest on the parental care of the Union, than driven to any independent agency, in any form, in relation to this concern. That you may not be surpiised that the State, after having fruitlessly sought information, should have determined on its course without it, give me leave to say, that while she cannot be presumed to be informed, in all particulars, as to the relations of a deeply interesting character in which she is placed, she is called upon to judge as to othcis, and is not without the premises necessary to coriect conclusions. Whatever intelligence she might have been })ermitted to receive as to her relative situation, she would, as she will hereafter, cheerfully co- operate with the (ieneral (jovernmcnt to |)revent an assumption of our territoiy, lo what(.'ver extent, by the King of Groat Britain. In exe(;uting the resolve of the Lcgislatine, it will be convenient to me to possess a sclunlule of those documents which may be communi- cated. I will, therefore, hope the favor of being furnished with such an index, for the direction of my iiujuirics. [ Senate Doc. No. 17 1. ] 155 No. 17. Letter from the Secretary of State of the United States to the Governor of Maine. Washington, May 7, 1827. Sir : I have the honor to acknowledge the receipt of your excellen- cy's letter of the 18th ultimo, and to itifoim you that I have suhmitted it to the President. The solicitude which is lelt by your excellency and the Legislature of Maine, in regard to the settlement of our north- eastern boundary, so interesting to that State, and so important to the whole Union, is perfectly natural, and justly appreciated by the Presi- dent. And he is entirely disposed to comtnunicate any infoimation in the possession of the Executive of the United States on that subject, which can, in his opinion, be communicated without the danger of pub- lic detriment. Accordingly, when, at the session of Congress before the last, an application was made at this Department, by the Senators from Maine, for copies of all the papers, maps, and other documents re- ported by the commissioners who were appointed under the fifth article of the treaty of Ghent, it was stated to those gentlemen, that the copies would be furnished, whenever requested, with the exception of the re- ports and arguments of the commissioners, transcripts from which, con- sidering their peculiar character, in the then state of the question, the President did not think it expedient to allow to be taken. The Sena- tors from Maine availed themselves of the permission, and obtained copies of some of the maps. Copies of all the papers reported by the commissioners, which are very voluminous, would lequire the services of two or three copyists for many weeks ; but the labor of preparing them would be cheerfully encountered, for the accommodation of the State of Maine. The negotiation with Great Britain is still pending, but there is rea- son to expect that it will soon be brought to some conclusion, peihaps in a shorter time than would be requisite to copy and transmit the papers reported by the commissioners to your excellency. The President con- tinues to think that the public interest requires that the communication of transcripts of the reports and arguments of the commissioners, even under the limitation proposed by your excellency, should be postponed for the present, and until it can be made without the risk of any injuri- ous effect upon the state of the negotiation. Your excellency's experi- ence in public affairs will enable you to make a just estimate of the reserve and delicacy which ought to be observed in all negotiations with foreign Powers, involving subjects of deep national interest. This con- sideration has such weight that it is the uniform practice of Congress, as no one knows better than your excellenc}^ to annex a qualilication to the calls which are, from titne to time, made for papers relating to the foreign negotiations of the Government. There would not be the small- est objection to an exhibition to the inspection of your excellency, or confidentially, to any person that you might think proper to designate, of all the papers, without exception, reported by the commissioners. I ab- stain from a particular notice of many of the topics of your excellency's letter, not fiom the least want of respect, (on the contrary, I entertain If) 6 [ Senate Doc. No. 171. ] the hiuliest, personally and olTicially,) for your excellency, but from a ])eisuasion that the discussion of tliein is without utility. It has been ihoutiht most piofitable to limit my answer to the specilic requests con- tained in your letter. I transmit, herewith, in conformity with your wish, a list of the papers leported by the commissioners, copies of any of which may be procu- red, for the use of the State of Maine, whenever desired, with the ex- rcj)tiun which has been slated. No. 18. A list of books, papers, t^c, relative to the fifth article of the treaty of Ghent. Journal of Conunission. — Vol. 1. Claims of Agents. — Vol. 2, contains claim of the agent of the United States. 1st. Men)orial concerning the northwest angle of Nov.i Scotia, and the northwesternmost head of Connecticut river, kc. By the agent of II. B. Majesty. 2d. Memorial concerning the same. By same. Answers of Ageiits. — Vol. 3, contains a reply to the memorial of the agent of the United States, fded 8th June, 1821, exiiibiting the line of the boundary of the United States, from the source of the river St. Croix to the Iioquois or Cataraguy. Answer of the agent of the United States to the claim, and opening argument of the agent of H. B. Majesty. Read, August 10, 1821. Replies of the Agents. — Vol. 4, contains the reply of the agent of the United States to the answers of the agent of H.B. Majesty to the claim and opening argument of tiie agent of the United States, kc. Read, Septeuiber 27th, 1821. Observations upon the answers of the agent of the United States, to the chum and opening argument of the agent of H. B. Majesty, &c. By the agent H. B. Majesty. General Appendix. — Vol. 5, contains reports of the surveyors and astronomers, and documents referred to in the arguments of the agents. ApiJendix to British Agent's Reply. — (Duplicate) Report of Commis- sioner C. P. V'an Ness. Report of the commissioner of II. B. Majesty, addressed to the Gov- ernment of the United States. Api)endix to the re])ort of II. B. Majesty's commissioners. No. 10. INDEX. NumbiTH referreil lo in Ihe Niimliers referred to in llie Unitcil .St:ite-i :ir>,'iiriiLiU-.. Drltisli ur};iimciits. 1 . Mr. Johnson's survey of l!ie line, north fiom the St. Croix, \ | in 1817. S 2. Col. Bouchell's survey of the same line, 1817. .2 [ Senate Doc. No. 171. ] 157 3. IVfr. .Tolinson's further survey of the uortli line and adjacent ) country, in ISIS. S 4. INfr. Odell's further survey oftlie north lino. II 5. Capt. Partridge's section of the country from Point Levi to ~| ilallowell, IMaine, 1819, of the different heights through ! ^ the Grand Portasie of Madawaska on St. .John river, of [ INlars Hill. ^ J G. Suivey of the Restook section of the same, and of Mars Hill. 5 7. Mv. Odell's survey of the Restook, with a sketch of the ) country, as viewed from Mars Hill and the vicinity of V G the Iloulton plantation. ) 8. Mr. Hunter's survey of the Alleguash river. 6 9. " " " of the Penobscot, first part. 7 10. " " " of the Penobscot, second part. 8 11. ISfr. Burnham's survey of the branches ot Connecticut liver. B 12. Dr. Tiarks's survey of Connecticut river and its tributary ) ^ streams. S 13. Mv. Burnham's survey of Mcmkeswee, Green rivers, and ^ g Beaver stream. S 14. Mr. Burnham's survey of Toladie river and Grand Portage. 10 15. Dr. Tiarks's survey of Toladie and Green rivers. 11 16. Mr. Loring's survey of Penobscot river. 12 17. " " " of Moose river. 13 18. Mr. Campbell's sketch of the height of land annexed to iSIr. ) .^^ Odell's report of the survey of 1819. ) 19. Mr. Hunter's survey of the river St. John. 14 20. Mr. Loss's survey of the river St. John. lo 21. Mr. Partridge's survey of the Chaudiere, the source of the ) .^ Dead river, and the east branch of the Connecticut. ) 22. Mr. Carlile's survey of the head waters of the Chaudiere and } .^ Kennebec livers. S 23. Mr. Burnham's survey of the river Quelle, and of the source ^ .^ of Black river. S 24. Mr. Carlile's survey of the rivers. 19 25. Mr. Burnham's survey of the sources of the Metjarmette, ) cq Penobscot, and St. John rivers. ) 26. Mr. Carlile's survey of the same source. 21 27. Col. Bouchett's barometrical section of the line north fiom ) ,-, ■> the St. Croix. ^ ^ "" 28. Extract from Carrigan's map of New Hampshire. C " from Mitchell's map of Connecticut river. 1) Col. Bouchett's, concerning the parallel line. E 29. Extract from Mitchell's map, as first filed by the British agent. 30. Plan of the former survey of the latitude of forty-five degrees north, in 1774. ADDITIONAL. Map of the country explored in the years 1817, ISIS, 1819, and 1820, by order of the commissioners under the 5th article of the treaty of Ghent. 158 [ Senate Doc. No. 171. ] MAPS RKFERBED TO IN THK BRITISH AGENt's REPLY. A. Map (»r Connecticut river, by Dr. Tiarks. I). Streams tiibutary to Connecticut river, by Mr. Burnhani. C. Kxiract lioni (,'anigan's inaj) of New Hampshire. D. Extracts iVom ISIitchell's map, sliowing the heads of Connecticut liver. E. Col. Bouchett's plan, showing:; the dilTerent lines considered as the parallel of -15^ north. F. Mr. Campbell's sketch of tho height of land, annexed to Mr. Odell's report of tl.e survey of 1819. G. Mr. OJell's plan of the survey of the Restook, with a sketch of the country as viewed, hill and the vicinity of Houlton. II. Extract from Mr. OdilPs plan of the due north line, explored in 1518. I. General extract from Mitchell's map. K. Corrected copy of san-ie extract. Filed August 14, 1821. S. HALE, Secretary. TITLE OF THE BRITISH. This atlas (containing the copies of m.ips and parts of maps and plans, with the exception of ihe last Mitchell's map, \vliich was filed as thereon staled) accompanied the answering argument of the agent of H. B. Maj- esty, filed on the 14th of August last. No. 20. Letter from the Governor of Maijie to the President of the United States, dated Portland, May 19, 1S2T. Sir : The situation in which this State is placed, in consequence of tlie unexecuted provision of the treaty of Ghent lelative to its north- eastern f)oundary, imposes upon me a duty which I am not permitted to compromise by my feelings of respect for yourself, and the high authority with which you arc invested. However discouraging may have l)een the correspondence 1 have had with the Secretary of State, 1 cannot de- cline a course deliberately determined upon, or admit the belief that a representation relating to the wellare of Maine can be unwelcome. It is not the C()mparatively light concern of a passing favor, or the import of a transient measure, that I am about to urge ; but it is that of making a iiKMuoiial for considcralion and recorci, as to ihe demesne ami jurisdiction (tf thi-! member of the Union. Obliged to (lepfMul principally for information upon rumor, the tenacity of knowledge, which is power, has in)t, however, concealed the fact that i!ie British Government has made a claim enibracing a large tract of country adjacent to the Province ol New Brunswick. InformaticMi from \ai ious sources cannot fail to have produced on your mind a just impres- sion ol the importance coiiiinunicaled to that teiritory in (efcrcrice to value and jurisdiction, by its quiliiies of soil, its variety of native pro- [ Senate Doc. No. 171. j 159 ductions, its streams, its situation, and all those properties calculated to render it not only a strong interior barrier to invasion, but iVuitiul of the means of prosperity to our luaritinie frontier. The State of Maine claims the |)ropriety in an undivided moiety, and the entire jurisdiction, as far as consistent with the paramount power of the United States, in relation to that extensive tract. Having learned that ihe title thereto is involved in the details of a diplomatic arrangement, conducted under the sanction of the execiitive department of the Federal Government, Maine, although not consulted, yet bound, from deference, to pay a due lespect to reasons the nature and force of which she is, from a studious and mysterious reserve, rendered unable to comprehend, believes she ought to present her expostulations in regard to any measures threatening her with injury. The Secretary of State has informed me that the disputed claims to land along our northeastern boundary are to be submitted to arbitration. By arbitration, I understand a submission to some foreign Sovereign or State, who will decide at pleasure on the whole subject ; who will be under no absolute obligations or etlectual reotraint, by virtue of the treaty of 178o; whose conscience will not be boynd to impartiality and justice by the solemn sanction of an oath ; and whose feelings may nat- urally be biased against a republic accused of inordinate ambition, and in whose peace and prosperity there is an interesting lesson and example for nations. The treaty-making power of tiie United States on one side, and his Britannic Majesty on the other, engage to consider the decision of the arbitrator final and conclusive. Let me say that to a surrender of terri- tory, involved as a possibility, it will, I trust, be made evident that there is another party, not to be an indifl'erent spectator of its own delaceration. The mind, in contemplating our prospects, is carried to the couits of Europe, and led to scan the tril)unals to which you may refer this sub- ject. It would be unsuitable for me to comment on the dispositions or talents of loreign Sovereigns or States; but it is not in cold blood that i can anticipate the committing tiie destinies of Maine to an irresponsible arbiter, to be found in a distant land, and necessarily unqualified to act in the case. The character of this arbitership has been portentously exhibited by Mr. Gallatin in that letter in which, on the authority of intelligence from New Brunswick, he most erroneously ascribed an interposition, by the agents of Massachusetts and Maine, as to a compro- mise of our boundary. Sutfico it to say, that the proposed arbitration will jeopardize, without her consent, and against her will, the rights of Maine ; and allow me to add, that if called upon to tnake the required sacrifice, she will be comj)elled to deliberate on an alternative \vhich will test the strictness of her piinciples and the firmness of her temper. The acknowledgment of the motiier country, and the exercise of the inherent power of the people, formed Massachusetts into a body j)olitic, originally independent of the present Union, and of every foreign Gov- einment. All the territorial and jurisdictional rights which she could acquire were absolutely her own, and remain so to this day, (;xce]^ting so far as she has granted them to the United States or to Maine. 'I'he treaty of 1783, containing the acknowledgment of her emancipation, and exaltation to self-government, was not with the States, exclusi\ely, as a IGO [ Senate Doc. No. 171. J federal body, hut partially at least as independent communities; that is to say. il" in some poinis ol' view they appeared as Jbiming a national, in oilier tlit-y were re;i;arded as hein^ an allied association. Hence the acknowledfitnent of inile|)endence applied distinctly to each State, as did also the relincjuishment by the Kin^ of Cii eat Britain of "the propriety and territorial rights of the same and every part thereof." It is necessary to notice, that at the period of the negotiation of the treaty of peace, the •confederation, to a slight extent, and in reference to a few objects, drew the States into concert, and gave them a unity of character; but the most superlicial examination sbows that the confederacy had not a com- mon interest in territory or territorial lights, and that the recognition of these bore upon the ancient colonies oidy as they held under their ciiarters, or as the fruits of their wisdom and valor, in fee simple and absolute sovereignty. When, by the ratihcalion of the conventions of the States, Massachu- setts suirendcied to a superintending agency a portion of her power, she yielded no right to dispose of her soil, or to abstract any pai t of it iVom her jurisdiction. She impaited no authority to enter into new engage- ments, or, what may be equivalent, to modify the means of enforcing an existing provision of an original compact, made in jiart with herself, nor to cxj)ose, without her own consent or that of her successor and repre- sentative, to the fate of foreign arbitrament, her dearly puichased and sacred rights. On the contrary, Maine, now standing in the place of I)or parent republic, may deem the filth article of the treaty of Ghent" as having led to a course endangering her rights, and rendered more pain- ful and alarming by her exclusion from a j)roper intercommunication and legitimate consideration, as a party in the case, vN'hatever character appertained to the confedcriition, or to those wiio entered into that holy league, it is manifest that the States were not identitied and confounded with the b'nion in relation to the question here presented, under the oiiginal treaty of peace and limits. 1 must, theVe- fore, respectfully urge, that however the policy and principles of the executive de[)artment of the Federal Government may dictate the impo- sition upon Maine of silence and forbearance, and however plainly may be indicated the disposition to treat the subject as if merely national, she will not observe any procedure by the United States and Great Britain, for the severance of her territory and the abrogation of her author- ity, without a sensibility too serious to be passive. She holds that her domain is not the subject of partition. I pause, to render more obvious the relevancy of these remarks. Of two principles on which it dejiends, it may be sullicient to state but one. Tlic |)owei' of subjecting to arbitration, with an absolute right in the ar"- biter to form and establish a terr itoi ial limit, is etprivalent to the [jower of ceding territory. The arbiter' is the legal substitute and mutual agent of the parlies, in (his case assumed to be the United States and Great Britain ; his acts are their- acts, and there is a positive pledge to an un- conditional obedience to his behest. It is the delegation of the sove- reignty of a des|)ot. The eJlVct may Ik- the cession of all Maine, or of ordv a |)art ; but if of .uiy, the (Jover riimrit of the United States will participate, by an un^uribor iz^.'d submission, in the injustice of the umpire. [ Senate Doc. No. 171. ] 16 i It is not controverted that the control of our foreign relations belongs to the United States, as to objects which have arisen under the constitu- tion or existing laws ; but in regard to rights acquired by an independent party, and interests in property vested by acts anterior to the existence of that compact, the interposition by the Federal Executive, without an express grant of power, seems to be gratuitous. No statesman will as- sert that the treaty-making power is competent to an act transcending the scope of the combined trusts of the Government. I advert to principles familiar to your mind, because it is my duty to present the opinions here entertained. What, then, is the authority, or agency, which, it may be assumed, would produce no remonstrances from the State the most deeply concerned ? Not surely that which admits of what is termed by Mr. Gallatin splitting the difference, nor of conceding property which does not belong to the United States, nor curtailing a jurisdiction above their rightful control. Whatever may be urged to the contrary, it is confidently asserted, not only that the provision of the treaty of 1783 is imperative, but that it describes our boundary with a precision which shames the British claim, and, connected with the making of that claim, casts a shade over the lustre of the British character. By negations we may sometimes arrive at an affirmative. I say, then, that the boundary on the surface of the earth does not rest along the Penob- scot, which the British, then perhaps contemplating that vast empire they anticipated in North America, insidiously and surreptitiously seized during the late war. That boundary cannot be established there. It does not rest where the British minister has presumed to place it. The making the claim does not determine its justice ; nor the obstinacy of persisting in it create with this powerful nation the necessity of a con- cession, which will as surely be followed by a more enormous one, as it is certain that the Roman empire was ignominiously subjugated through the base spirit of submission to incipient wrong. Enough has been said to meet the obvious and natural inquiry, what is expected of the Govern- ment, or, may I not say, what is demanded of it? It knows the demerit of the British claim ; it is conscious of the rights of Maine ; and here- after it cannot be said that her views have not been exhibited. She might therefore be forever justified in the exercise of her jurisdiction and sovereign State rights over the disputed ground. Her faith is not pledged, nor is that of the Union, to permit any reduction of her actual territory ; and there is no artifice of construction or force of authority to break off that great component part of her domain now assailed, and to bind her judgment to acquiescence. The cession would be nugatory ; and if, for a time, she should be compelled to submit to it, the abeyance produced by power will not preclude the right of resumption which justice may at some period award. It has been urged that this concern is so exclusively national, that Maine is obtrusive in presenting her views to the consideration of the Executive. It is, nevertheless, believed that she is under high obliga- tions vigilantly to supervise her interests, freely to assert her rights, and not to yield readily to the discouraging but perfectly natural inclination, to see in her conduct the humblest deference, and an entire, unquestion- ing, improvident obedience- She commits no intentional error, and communes with the frankness which belongs to her independence, her 11 lb'2 [ Senate Doc. Nu. 171. ] character, and her station with her sister republics and with the Union. In doing so she evinces her respect for their integrity, intelligence, and f»atriotism ; and she avoids, by a prudent forecast, that danger of col- ision bred from present distrust, and that querulous and exasperated temper usually exhibited when the evils of measures are experienced, and when causes are appreciated by their effects. Repeating to you the expression of my regret that you have been pleased to refuse that information contemplated by a resolution of the State, I shall, nevertheless, continue to hope for the preservation, under the protecting care of Government, of that now exposed territory, des- tined, under any proprietor, to be soon occupied by a numerous popula- tion, engaged in all the pursuits which sustain human life and adorn hu- man nature No. 21 Letter from thu Oovernor of Maine to the Secretary of State of th% United States. Portland, April 29, 1827, Sir I am induced, by considerations which I deem important, to avail myself of your obliging offer, to obtain copies of all the papers in your office, relative to the boundary between this Stale and New Brunswick, which the President may permit to be transmitted. This request applies to maps, with the exception of the map already furnished of the country explored in the years 1817, 1818, 1819, and 1820, by order of the com- missioners under the fifth article of the treaty of Ghent, by Hiram Burn* ham. United States surveyor. I have the honor also to solicit transcripts of the arguments of Mr, Chipman and Mr. Sullivan, as agents under the commission for deter- mining the true St. Croix; and of the arguments of Mr. Austin and Mr. Chipman, under the fourth article of the treaty of Ghent, together with the report of the commissioners in both cases. Excuse me for adverting to the punctilio of expense, which I shall wish to see liquidated. I have made a communication to the President on the subject of our Northeastern boundary, which you will perceive from its nature was ne- cessarily directed immediately to him No. 22. Letter from the Secretary oj State of the United States to the Qovernor of Maine. Washington, June 9, 1827. Sir ; The President has received the letter which your excellency- addressed to him, under date the 29th ultimo , and I am'charged by him to convey to you his assurances that your observations on the interesting [ Senate Doc. No. 171. ] 163 subject of our Northeastern boundary shall receive attentive and re- spectful consideration. I beg leave .to add, that, in no contingency is any arbitration of the difference between the United States and Great Britain, relative to that boundary, contemplated, but that for which pro- vision has been solemnly made by treaty. It would afford great satis- faction to the President if a resort to that alternative for quieting the dispute could be avoided, by obtaining from Great Britain an explicit acknowledgment of the territorial claims of Maine in their whole extent. Candor, however, compels me to state that the prospects of such an acknowledgment, at the present time, are not encouraging. No. 23. Letter from Daniel Brent, Esq., of the Department of State oftht United Slates, to the Governor of Maine. Washington, June 15, 1837 Sir ; I was directed by the Secretary, before his departure from this city, a few days ago, on a visit to Kentucky, to have copies prepared of the books, &c., requested in your letter to him of the 29th of May, and to transmit them to your excellency, with all possible despatch ; and I have just collected together the manuscript books containing the argu- ments of Mr. Chipman and Mr. Sullivan, agents under the commission for determining the true St. Croix, and those containing the arguments of Mr, Austin and Mr. Chipman, agents under the 4th article of the treaty of Ghent, together with the reports of the commissioners in both cases, fourteen in number, and averaging, each, about two hundred and fifty pages of close writing on foolscap paper ; transcripts of these being particularly noticed by you as wanting. Added to those, the arguments, reports, and papers, including the maps under the 5th article of the treaty of Ghent, which come, it would seem to me, within the scope of your request, embrace a mass of writing nearly as voluminous as that of these books. I take the liberty, under these circumstances, of troubling your excellency with this communication, to apprize you of the extent of the transcripts which appear to be thus required, and of the delay which must, of consequence, attend the execution of your excellency's commis- sion, as it is at present understood by me. I beg leave, however, to state, that the subject is involved in so much obsurity, from the prolix and complicated arguments, reports, and re- plies of the several commissioners, agents, astronomers, and surveyors, that 1 do not like to venture upon making a selection for the copyists, though I feel fully persuaded that this might be advantageously done, to e settled by the parties themselves, and may not be settled by arbitration, how is it to be determined? The remaining alternative has been suggest- ed. Whether the time has arrived for the use of that, does not belong to the President, but to another branch of the Government, to decide. I caimot but hope that your excellency, upon a review of the whole subject in a spirit of candor, will be disposed to think that the Executive of the United States has been endeavoring, with the utmost zeal, in regard to our Northeastern boundary, to promote the true interests of the United States and the State of Maine ; and that this respectable State har; been treated neither witli neglect nor inju'^tif'e. [ Senate Doc. No. 171, ] 173 No. r?-l. Letter from the f.ieiiienant Governor of New Brunswick to the Gov- ernor of Maine. Frederickton, (N. B.) November 15, 1827. Sir : I have the iionor to cicknowledge the receipt of your excellency's letter ot' the '22d October, requesting mo to communicate all the circum- stances respecting the arrest of the individual named in your excellency'*; letter. It is not for me to question the propriety of your excellency's opening a correspondence with the Government of this Province on a question now pending in negotiation between his Majesty's Government and the Government of the United States, as contracted under the treaty of Ghent: but it would nether be consistent with my sense of duty, nor in conformity with my instructions, to give the explanations your excellency requests to any persons excepting those with whom I am directed to correspond or under whose orders 1 am placed. Should any reference be made by the General Government of the United States to his Majest^'-'s minister, upon this or any other matter connected with the Government of this Province, it will be my duty to afford his excellency the fullest information, to enable him to give whatever expla- nation he may deem proper. Although, for these reasons, I must decline any further correspondence with your excellency on this subject, yet it is in entire unison with the sentiments and disposition which I know to animate his Majesty's Gov- ernment, that I take this occasion to assure your excellency of my sincere and cordial desire to do all in my power, so far as I personally am at lib- erty to use any discretion in the duties with which I am imperatively charged, to meet, with respect and consideration, the amicable disposition Vv'^hich your excellency professes. I trust m3'" conduct will be found to evince a just and manifest solicitude to repress and punish any acts on the disputed territory which might lead to the interruption of a good un- derstanding between the two countries, and to keep thf question in a state propitious for a speedy and amicable adjustment. In the Supreme Court — Exchequer side. York, to wit : Be it remembered, that Thomas Wetmore, Esq., attor- ney general of om* sovereign lord the King for this his Majesty's Province of New Brunswick, who prosecutes for our said lord the King, comes in his own proper person into the court of our said lord the King, before the justices of our said lord the King, at Frederickton, on the seventeenth day of September, in the eighth year of tlie reign of our sovereign lord the now King, and for our said lord the King, gives the court here to un- derstand and be informed : Tliat, whereas a certain tract or parcel of land, situate in the parish of Kent, in the county of York, in the said Province, and lying on both sides of the river Saint Jolin, between the mouth of the Madawaska river and the river Saint Francis, and containing in the whole fifty thousand acres, in the hands and possession of our said lord the 174 [ Senate Doc. No. 171. ] Kiiif?, on the first day ot" February, in tlie first year of his reign, and before, and conliinuilly after, was, and of riglit ought to be, and yet ought to be, in the right otliis imperial erown of the United Kingdom of Great Britain and Irehuai, and as part of tlie dominions of our said lord the King, in this Province; and for so long u time as there is no remembrance of any man to the contrary, has been in the possession of the said lord the King, and his predecessors, the Kings and Queens of Great Britain and Ireland, and a part of the dominions of the said Crown. Nevertheless, one John Baker, of the parish aforesaid, in the county aforesaid, farmer, the laws of the said lord the King in nowise regarding, but intending the disheri- son of the said lord the King in the premises, on the first day of February, in the second year of tiie reign of our said present sovereign lord the King, and on divers days and times before and since, with force and arms, and without any lawful authority, in and upon the possession of the said lord the King, of a part of his said lands, to wit, one hundred acres thereof, lying on the west side of the Land Turtle or Mariumpticook river, a branch of the said river St. John, at the parish aforesaid, in the county atbresaid, intruded and entered, and erected and built thereon a certain house and other edifices, and cut and fell divers, to wit, five hundred timber and other trees, thereon standing and growing, of the value, to- gether, of one hundred pounds; and took and carried away the timber and wood arising from the said trees, and of his own will disposed there- of; and the issues and profits of the same lands accruing, received and had, and yet doth receive and have, to his own use, and still holds and keeps possession of the lands ; and the said trespass aforesaid, hitherto and yet continuing, to the great annoyance of our said lord the King, in contempt of our said lord the King, and contrary to the laws, and against the peace of our said lord the King. Whereupon the said attorney general of our said lord the King, for the said lord the King, prays the advice of the court here in the premises, and that the aforesaid John Baker come here to answer the said lord the King in the premises. T. VVETMORE, Attorney General. Endorsed, J. M. Bliss. Examined by me, and certified to be a true copy : T. R. Wetmore, Clerk to the Attorney General. November 28, 1827. STATE OF M.'MNE. Office of the Secretary of State, Portland, February 18, 1S28. It is hereby certified that the documents contained in this pamphlet have been compared with the originals, records and copies, remaining in this office, and appear to be correctly printed, with the exception of the (irrors noted in the table of errata. H. NICHOLS, Secretary of State. . [ Senate Doc. No. 171. ] 175 STATE OF MAINE. In Senatk, February 6, 1828. The joint select committee, to whom were referred the communication from the Governor of the 2d instant, with the report of the agent appointed by the Executive of this State, to inquire into and report upon certain facts relating to aggressions upon the rights of the State of Maine, and of individual citizens thereof, by inhabitants of the Province of New Bruns- wick, and also the accompanying documents, have carefully examined the same, and recommend that five hundred copies of the report of the said agent be printed ; three hundred thereof for the use of the members of the Legislature, and the remaining two hundred to be disposed of at the pleasure of the Governor. The committee also recommend the passage of the resolve which is herewith submitted. JOHN L. MEGQUIER, Chairman. In Senate, February 6, 1828. Read and accepted. Sent down for concurrence. ROBERT P. DUNLAP, President. House of Representatives, February 7, 1828. The House so far concur with the Senate as to accept that part of the report which relates to the printing and distribution of the aforesaid agent's report. JOHN RUGGLES, Speaker. Report of Charles S. Daveis, Esq., agent appointed by the Executive of the State of Maine, to inquire into and report upon certain facts relating to aggressions upon the rights of the State, and of indi- vidual citizens thereof, by inhabitants of the Province of New Brunswick. Portland, January 31, 1828. Sir : I have already acquainted your excellency with my proceedings at Frederickton, and the manner in which I had perfomed the duty as- signed to me by your appointment, within the Province of New Brunswick. In pursuance of the further appointment to inquire into the nature of aggressions complained of as having been committed by inhabitants of New Brunswick upon persons residing near the frontier, within the limits of this State, I endeavored to prosecute the inquiry, and to obtain correct information by the best means that were in my power. In the actual condition in which your excellency will perceive the whole inhabited por- tion of the country bordering upon the river St. John, or any of its branches within our boundary, or the region tliat is now termed disputed territory, to be, it will be for your excellency to judge with what benefit I could have proceeded to the highest points of American settlement, without the advantage of a sanction from the adjoining authority. It happened, how- ever, that I was enabled, in company with the gentleman appointed to 176 [ Senate Doc. No. 171. ] make conespoiidiiii; inquiries by the President of the United States, to see several persons who had come to Houhon from the country above the river IMadawaska, in consequence of the state of tilings there existing, or who were engaged in opening a winter road, as a communication lor the people living on the river Aroostook, direct to that plantation. The state- ments of these persons were taken under oath, at my request, before a magistrate of the county of ^Vashington. Other testimony has been also collected in the same form by another respectable magislTate of the same comity, among the settlers on the Aroostook ; and other evidence has like- wise been obtained, from which your excellency may be able, in some rneasiu'e, to fill up the outlnie thus exhibited in regard to the true state of affairs in that quarter. It is proper for me to say, that I should not have been deterred from undertaking to complete it, by any apprehension of in- convenience, but my situation was not perfectly free from embarrassment ; time had been consumed by circumstances beyond my expectation or con- trol, and obstacles existed to my progress which would have rendered it difficult to procure positive testimony anywhere in the district of country upon the river St. John, extending above the river Madawaska. The first course of inquiry relates to tlie condition of settlers on the river Aroostook. The rights of the Commonwealth of Massachusettrj were exercised upon the territory situated on this river, at a very early period after the source of the St. Croix was settled under the convention of 179-1. In executing this convention, it was distinctly admitted by the representatives of the British Government in this country, that the bound- ary line of the treaty ot 1783 crossed the St. John. Grants were ac- cordingly made by the Legislature of INIassachusetts, of sections of land embracing both banks of the Aroostook, and bordering on the boundary line, namely: one to the town of Plymouth, and one to General Eaton Locations of these lands were made, and surveys were commenced under the authority of Massachusetts, and lines were run around one of the tracts more tlian twenty years ago ; and lottiiigs were made in the year 1812. Tiiese acts were jjerformed in the [)resence of the Provincial Govern- ment established on tiie borders of the river St. John. That stream afforded the only communication then open to this country, and thence supplies and assistants were procunid for the piu'posc of making the above survey in 180G or 1807. U is not known tjiat any linlluT acts were exercised on behalf of the original proprietors of these granted lands, or that any improvements were madi.' uijon them prior to the late war with Great Britain. The furllier occupation of this remote frontier, for the purpose of agriculture, was necessarily suspended during that period; nor is it known that there was a single settler of any descrijilion upon the Aroostook when this in- terruption ceased, at the conclusion of peace in 1815. This event was succeeded liy a course of .seasons and circumslaiices unfavorable to the progress of population aiul improvenient in that ([uarter, and also by the ineasiu'cs whicli ensiifd for the s(^para(ioii of Main(\ Upon the establish- ment of this Stale, tin- surv<;y of this section of country was resumed by a jouit commission of the two States, for the purpose of dividing their common property, f)ursuant to the provisions of the act of separation, according to the direction of their respective Legislatures. The progress of these surveys was observed in the Province of New Brunswick, and [ Hciiate l)(,c. No. 17 I. J 177 they have been extended over nearly all llie country in the terri(ory of Maine watered by tlie Aroostook, It was discovered that trespasses were conunilted on this territory, by persons belonging to the Province, in cutting timber. Opportunity had existed for pursuing such practices with impunity, in the open and un- guarded state of the country, from the ease of access thereto, by persons engaged in that ])usiness from the river St. Jolm. This operation was arrested by the authority of this State, and partial indemnity obtained for the trespasses that had taicen place, and, upo)i objection being made, the practice of granting licenses for this purpose, which it was presumed had issued improvidently, was reHnquished by the Government of New Ikuns- wick. Subsequent to the last census, and the adoi)tion of the above pro- ceedings by tlie authority of this State, in connexion with Massacinisetts, a number of persons, some citizens of the United States, and others formerly belonging to the British Provinces, principally descendants of persons born in this country, out of the Province of New Brunswick, be- fore the Revolution, have settled on this territory. A few foreigners arc intermixed with the Americans, and a small number of Irish are under- stood to have planted themselves in the neighborhood of tlie line. Some seem to have gone on under the persons who have cut timber. With whatever impression the original trespassers may have gone on, the present settlers appear to have established themselves generally in that country, under the opinion that it was American territory. They under- stood that they were within the boundary line, as it had been repeatedly run. They were so informed by respectable persons, and assured to the same effect by public agents. They learned that a part of the land had been granted by the Government, and knew that the country was survey- ed by the States ; and their object was to obtain title of confirmation to their possessions, either from the proprietor or the States. It is believed that these remarks apply to all the native Americans, and the only ex- ceptions to them are understood to be individuals of foreign extraction. The population of this settlement is represented to be of the same general description which has been formed on the new American settlements in the vicinity of Houlton. The traits of character by which their appear- ance and conduct are chiefly marked, are hidustry, activity, hardihood, sense, and honesty. These settlers have only an equitable title to their lands, some of which they have cleared up and cultivated, and from which they have taken good crops for several successive seasons. They have made some at- tempts to avail themselves of the advantages aftorded upon their streams for the erection of grist-mills, which have not been fortunate, and their means for this purpose are quite inadequate. The settlers of this section have been peculiarly situated. Tney are nearly isolated from the rest of the community. They have not enjoyed the benefit of any legal magistracy, nor the advantage of any internal in- tercourse, being surrounded with wilderness, except by the circuitous course of the St. John, toward Houlton. The connexions of these ]reople have been necessarily with that river, where they have sought a market or conveyance for their produce, and whence they have been obliged to derive their supplies. The American inhabitants, whose concerns have carried them towards the river St. John, have been exposed to a system of municipal regulations or inhibitions; operating on articles of domestic 13 178 [ Seiiiitc Doc. No. 171. J produce, iind subjecting it to seizure anywhere in its transit. The man- ner in which some of these regulations have been put in force, will ap- pear troni alil-lavits of persons belonging a considerable distance below tlif Aroostook. Instances of this description are complained of as ninutTous ; but, as they princijially relate to acts of authority i)erformed wiiliiu the Province of New Brunswick, as some of the otRccs which pro- duceil these vexations have been abolished, and as some modification has lately taken place in the provisions of Province law on this subject, the crtect of which is not fully understood, the inquiry has not been extended how far they have been applied to any individuals above. Seizures, liowever, under some pretext, seem to have been committed on the Aroostook. The settlers upon the Aroostook, in addition to their ordinary privations, have been affected by the general depression occasioned by the recent embarrassment of business, and injury to credit among the larger dealers upon the river St. John ; and it is natural to suppose that they may have thus found it difiicult to obtain the means to satisfy debts, generally small, which they owe upon the river, and they are not able to defray the ex- penses attached there to litigation. On the other hand, the American ter- ritory has allbrded them no asylum. No acts of pretended authority, however, in violation of the jurisdiction of this State, under pretext of judicial power, are known to have taken place until a comparatively late period. Mr. George Morehouse resides at Tobique,on the opposite bank of the St. John, within a parish recently formed, by the name of Kent ; he formerly bore the commission of a subaltern officer in the army, and at present, it is stated, actually exercises a commission of the peace for the county of York. For two or three years past, he appears to have been in the habit of issuing precepts directed to the constables of the parisii of Kent, for the recovery of small demands against inhabitants on the Aroos- took. One other person, supposed to be a provincial magistrate, is men- tioned as having issued a single precept in like manner ; and service of these precepts is made upon inhabitants many miles within the boundary line, by persons undertaking to act as constables of the parish of Kent. The manner in which these persons proceed to execute their offices, some with more mildness and civility, and one who is represented as generally coming armed, and treating them with greater harshness, is detailed in several affidavits. In the execution of these precepts, it appears that the cattle and moveables of the inhabitants are subjected to be taken and im- mediately carried away, to be disposed of within the British territory ; and that the jiractice is extended to take articles of property belonging to the debtor, which are exempted from attachment and execution by the laws of tills State. In one instance, it appears that the same cow, being the last and only one, was taken twice on a warrant or warrants from Mr. Morehouse, issued on the same demand ; the second seizure being on ac- coimt of costs. The inhabitants themselves have also been arrested on these precepts, and, not being able to find bail where none could be legally taken, are removed as fast as possible over the lines to places of safety within the Province, where they may be able to procure sureties, or settle the debts, or otherwise m;ilce their peace with the officer or the magistrate. 'I'bis [)ractice appears to have prevailed with some frecpiency. One or two cases appear to have occiuTcd in comiexion with this practice of Mr. Morehouse, in which precepts have been served, either from him or from [ Senate Doc. No. 17 1. | 179 authority further below, by a Mr. Traig, deputy sheriff of the county of York. One of the settlers on the Aroostook was solicited by Mr. More- house to act as constable for th(^ parisli of Kent, but, after being qualified by him, declined to serve. It is j)ossible that instance's have occurred in which settlers above tlie lin(>, from want of other resort, may have been led incautiously, or froiu ditl'erent motives induced, to apply to Mr. More- house. But the ditiiculties to which the inhabitants have been subjected incon- sequence of this practice, the disproportionate amount of expenses attached to the collection of small demands, and the certainty of the law, as they consider it to be administered by Mr. Morehouse, seem to have produced an endeavor to adjust disputes iimong themselves, by a s])ecics of submis- sion to referees, and thereby avoid the authority undertaken to be exer- cised among them bv the otiicers of the parish of Kent or the county of York. That this state of things should have resulted in the collisions that have occurred between the persons despatched by Mr. Morehouse and the peo- ple living on the Aroostook, is rather a subject of regret than a matter of surprise. In the absence of any regular administration of justice, having adopted the princi])le of an equitable arbitration, to which they undertook to yield voluntary deference, the inconvenience of having its first opera- tion overruled by the order of Mr. Morehouse seems to have led to a sort of after-consideration or inquiry respecting the bounds of the parish of Kent, and consequently into a question concerning the applicability of Mr. Morehouse's autliority within the American boundary. Admitting that authority to extend to the settlement on the Aroostook, the opposition into which Dalton and others, who undertook to aid Arnold in the recovery of his cow, were betrayed, would be clearly without justification. At all events, it is obvious that the state of doubt which has thus been cast upon their condition, has led to the unfortunate consequences of irregular repri- sal ; and however it may be deemed a measure of venial otfeiice against unauthorized aggression, it has iiivolved the well-meaning and otherwise unotfending inhabitants of this settlement in the evils of a state of border warfare. Several illustrative details are exhibited in the atfidavits. The inhabitants of the Aroostook, while they have thus been subject to process from Mr. Morehouse, do not seem to have been considered by him as be- ing entitled to the protection of the Government which he undertakes to personate. Early last spring, he appeared among them, and forbade their working on the lands, and continuing their usual labors of clearing and cultivation, to get a living. He posted up written notices to this effect, on the Eaton grant, and indifferent places; and marked some small parcels of lumber, wliich they had cut, for seizure. It was shortly after this period that George Field, whose affidavit is exhibited, appears to have left the country, in consequence, as he says, of the inconveniences to which he was exposed, and went with his family to Houlton. Tiiese settlers seem to have been generally regarded by Mr. Morehouse, in some light, as a sort of outlaws or wild paople, who had no proper habitancy, and were liable to be dealt with in any manner that might please the Province ot New Brunswick, or its proper ofiicers. In no legal light do they seem to have been regarded as subjects, except as trespassers and intruders on Crown lands, liable to judicial process; and, under color of some such character, measures appear to have been subsequently applied to divest them of their property, and expel them from their possessions. 180 [Senate Doc. ^'o. 171. J Early in the month ol' July last, Daniel Craig came with tlie first writ from Air. Mori-house, to take the cow that Arnold liad of M'Crea; and also delivereil sunnnonses to the settlers to appear forthwith before the court, which was then on the point of sitting at Frederickton, to answer to the King of Gre.u Britain, in pleas of trespass and intrusioii on Crown lands. This process was served by him indiscriminately on all the inhab- itants, including the citizens of the United States, as well as those born in the Provinces, or others. This sudden proceeding naturally produced a state of confusion and consternation among the settlers. No time was af- forded them to deliberate. It was necessary to set out immediately, in order to arrive in season. Some concluded to go, and others determined to stay. Some proceeded part way, and then returned home. Others kept on their journey to Frederickton ; among whom were some of the Amer- icans. Those who continued to the end were subjected to severe priva- tions, and were obliged to remain several days without means of support, or being able to obtain any other satisfaction than that it Avould be neces- sary to appear again the present winter. The narrative of these circum- stances is contaiued in some of the alHdavits, and may suffice to convey an impression of the embarrassment and distress occasioned among these settlers by the service of this process. The ati'air which followed soon after, respecting the takhig and retaking of the cow, which was adjudged by the referees to belong to Arnold, on the warrant of Mr. Morehouse, accompanied with a sense of their having exj)Osed themselves to his displeasure, and perhaps to the whole force of authority from New Brunswick, operated, with the menaces of the con- stable employed on that occasion, and the conduct of the Irishmen at the lines, and the reports which they received now and then from below, to keep the inhabitants of Aroostook in a continual state of agitation and alarm. They were particularly threatened with a visit by a larger party than the former, to punish those wlio were engaged in that aftray, and put an end to any further spirit of opposition, by destroying all means of resist- ance, or removing the inhabitants from the settlement. The reality of the apprehensions •■ntertained by the persons who were concerned in that af- fair, is attested by the circumstances of their being afraid to occupy their own habitations, lodging about in ditierent places, in barns, or in the woods, nuistering together for the night in larger or smaller parties, or sep- arating for greater security. The statements of several of the settlers on this subject, relate to })articulars within their experience or Icnowledge. A circumstance that may seem not to have diminisluMl the ground of These appn'li(!usious, occurred sometime in the month of November last. The dwelling of Ferdinand Armstrong was entered about break of day by a small ])arty i'rom l)elow, who seized his brother, James Armstrong, soon after he had risen from bed, and conveyed him in a canoe, without loss of time, out of the territory. He was obliged to give up articles of wear- ing apparel, and pait with what means he had, in order to obtain his re- lease ; the parly jirctending to have authority to compel payment of a debt and costs. Tluvals were also utltTcd that inen and horses were coming up the first sleddiug, to take those who were concerned in the of- fence about taking the cow away. Richard Inman, who was particularly mentioneil as of tlic coming parly, appears to be one of the persons previ- ously employed by Mr. Morehouse, and whom the settlers were most afraid of, in consetiucncc of his practice of visiting them with arms. [ Senate Doc. No. l7I.] 181 In consequence of tlicsc occurrences and impressions, the inluiljitcints ot" the Aroostook have been afraid to go down to the river St. John, either to mill or to obtain their necessary supplies ; and have undertaken, the pres- ent winter, to ell'ect a comiinmication with Iloalton.by cutting out a road altogether within the American territory. Tliey were employed upon it the last of December, and judged they were about abreast of Mars hill, and hoped to accomplish it in about thirty working days. Tlie pioneers employed to mark out the direction, had found their way out at Foxcrofi, after enduring intense cold, and sutfering most severe hardsi)ips. The condition of the inhabitants of the Aroostook may be shortly sum- med up. They are of the same general description as those that have made purchases and improvements within the new townships or planta- tions on tlie American territory, living in the neighborhood of each other and of the river St. John. Tiiey are upon land of which grants and sur- veys were commenced several years ago, some time before the war with Great Britain, under the authority of Massachusetts, without remonstrance or objection from New Brunswick. They have settled upon the territory along thirty miles into the interior, without title, subject to the rights of. the proprietor or the proprietaries, and to the laws of this State then estab- lished. They acknowledge its authority, and, as it would seem to follow,, are entitled to its protection. The authority of New Brunswick cannot apply to them on the ground that any of them had been formerly inhabitants of that Province, any more than that of Maine extends to its citizens in New Brunswick. A Govern- ment has no power to cause precepts to be executed upon its own subjects in a foreign jurisdiction. The Government of the United States shields aliens who are residents, and are well aliected towards its principles, and wish to become citizens. But several of them are American citizens. The actual survey and occupation of this whole country, under the pub- lic authority of Maine and Massachusetts, were entitled to consideration from the Province of New Brunswick. These acts were at least to be respected, as assertions of riglit on the part of those two States ; and some regard might have been had to the circumstance that this right was ori- ginally exercised under ignorance of any adverse claim, and long before any was advanced. On the other hand, no act had ever been exercised on this territory by the Government of New Brunswick, except in permitting its subjects to cut timber the same as on Crown lands. So irregular a practice could not be sanctioned or sustained ; and in compliance with the sense of the superior Government, it is supposed that the pretension was relinquished as unteuable, with a fairness of profession which gave it credit. The power of removing the trees from the terri- tory brought into dispute has been abandoned, and a new practice has taken place, to wit, that of removing the people there planted. If this prhiciple can be sitpported, it abrogates the whole authority of the State of Maine over this portion of its territory. The next course of inquiry relates to the state of things upon the ter- ritory of Maine, upon the river St. John, within the boundary line, which crosses that river about throe miles above the Grand tails, where the nav- igation of the river is interrupted, and where it was contemplated on the part of Great Britain, in determining the St. Croix, that the meridian would cross. It may be proper, in the first place, to advert to the situa- tion of a colony of French settlers which planted themselves within our 1S2 f 5?eiii»tc l)i)C. Nt). 17 1.] territory. princi]>ally, il' not entirely, since the acknowledgment and es- tablishiiieiil of llie bounds of Massachusett, by the treaty of 1783. This settlement was composed of anciml French neutrals, who had originally endcavoreil to escape from the Government of Nova Scotia, or of their descendants^, who had been expelled from their farms and improvements on the establishment of the Province of ^ow Brunswick, and who have been joined, from time to time, by their countrymen from Canada, who have not chosen to continue under the Govermnent established on its conipiest. It is not known whether any individual of European origin existed on this territory at the peace of'l782; nor that, excepting aborigines, any other than descendants of l''rench ancestors had made any occupation prior to the peace of 1S15, The Acadianshad retired, with the Indians, from the presence of the population which took possession of that ancient part of Nova Scotia, after it was yielded to Great Britain and settled by emigrants from the United States who adhered to the British Govern- ment, and have always lived in great harmony among themselves, as a distinct race, preserving their own language, habits, and manners. Situ- ated near the borders of the American territory, at a distance irom any officers of Government, they appear to have also preserved their neutral character, and to have remained as a people by themselves, so far as tiiey misht be permitted by their position toward the Province of New BrunswK-k. Without having any sympathy with the system established in that Govermnent, they have not been in a condition to oppose the ex- ercise of any power that might be exerted over them. Little occasion could be presented for the ^employment of criminal process among the relics of a primitive population, represented as of a "mild, frugal, indus- trious, and pious character," desirous of finding a refuge under the pa- triarchal and spiritual power of their religion. It has been customary for them to settle their civil affairs of every description, including their accidental disputes and ditierences among themselves, by the aid of one or two arl)itcrs or umpires, associated with the Catholic priest, who is connnonly a missionary from Canada. Without any predilection toward a foreign faith or power, they have had a natural desire to be quieted in their possessions; and it is stated that one or two of them, under circum- stances not exactly known, either obtained or accej)ted grants of certain parcels of their property, at an early period, from the Province. The pro- priety of nMinquishing any practice of that kind, after the determination of the St. Croix, was obvious; and the benefit of a sanction might have been alNnvcd to the previous facts of this d(>scription, without attaching to them any injurious motive or etlect. The whole country, however, not in actual possession of any cultivator, was considered by the French settlers as o]niu to occupation at the period of the last peace with England. In 1817, an American was invited to seat himself near the mouth of the Madawaska river, where he was assured that no one had any right of pro])erty; and when it was afterwards claimed by virtne of a thle, the fact was rlenied hy the Indians, on the ground that the right belonged to them. 'I'liis American, one who went from Kennebec, accordingly moved away from the place which he first took, to a situation near the St. Francis, where he still lives, unless recently removed. It appears that a military post formerly existed at the Grand falls, im- [Senate Doc. No. 171.] 183 mediately below the bouudary ; and it is saidthut a iriililia authority was exercised among tiie inhabitants ol" Madawaska. Some power of this kind might perhaps have been used at an early })eriod, before the territory was explored, and tb.e boundary of New lirunswick determined under the convention of 1794; and it is not ])robablc that the French would have resisted any measure taken to compel them to train as militia. The works at the Griind falls have been suffered to go to decay, and there is no reason to presume that a superfluous military organization was main- tained among the remote inhabitants of Madawaska. It is not presumable that any usurpation of that nature existed for a long period, especially after the settlement was known to fall within the American territory. If such a use of form or force was continued, how- ever, it is to be inquired whether it can be viewed in any other light than that of aggression upon the rights of the State, and those under its juris- diction, and entitled to its protection. The recent formation of militia companies in that district presents itself as an act of the same character; and it is reported that a foreigner, by the name of Francis Rice, has sta- tioned himself in this settlement, and undertakes to act as an adjutant of the militia of New lirunswick. Dilfercnce of religious faith and diversity of habits have naturally tended to prevent an intermixture between the American and French population. The country in general, above as well as below the river MadaAvaska, has taken the popular description of that river, and the name is generally made use of by the Americans residing upon the higher and more remote branches of the St. John. Tlie MadawiJska settlement extends several miles down the branch of the St. John, below the mouth of the Madawaska river. Several settlers were also scattered above, and a space existed of several miles above the mouth of that river, whicli has recently been occupied by French settlers — some from Canada, and others from the settlement below — and formed into a new setdement, by the name of Chateauqua. They have undertaken to erect a church, and it is stated that a militia company has been formed among them, by au- thority out of this State. This new settlement extends from the mouth of the Madawaska river to the vicinity of the mouth of the Mariuniticook stream, where the American settlement (properly so called) commences. Whether any foreign measures have been taken in forwarding the prog- ress of the new French settlement, is not known. They are without titles to their lands, except by occupation, and they have not been dis- turbed in their possession. Fines, however, have been imposed upon some of them for refusing to perform militia duty, from abroad, during the past year, without regarding the objection that has been made among them to train, on the ground of their being within the American govern- ment. The situation of the recent settlement seems to merit some attention, from the circumstance of its now forming the connecting link between the former French settlement below, and the American settlement immedi- ately above. It is also brought into notice by the attention apparently be- stowed upon it by the Province of New Brunswick, which extends the demand of militia duty as high as this settlement, and considers all the Americans who are settled above it as aliens. It may be pro})er to re- mark, in this place, that any occupation which the Government of New Brunswick may have held within the American territory, being without 184 I Senate Doc. TS"o. 171. J ri^ht and against ri£:lit, its operation is not to be too enlarged by any fa- vorable oonstrnction. Before i>assing tVoni tbc consideration of the Frencli settlement in this State, it may be projier to remark, that the pojiulation of the whole com- miiuity, aceording to the censns taken by the authority of the United States in 1S20, amounted to over eleven hundred. The computation prob- ably included a number of American settlers who had come into the country not long before, and were enrolled in the same manner with them, in the body of American citizens. If, since that period, any of these per- sons have been induced to go into the Province, in order to give their votes; if Provincial magistrates have been allowed to send civil process into this settlement; if individuals have been employed to officiate in executing the Provincial police ; these can only be vicAved as acts which it is ex- tremely ditlicult to reconcile with sentiments of respect for the opiniou signified by the Government of the United States. After this French settlement was found to fall within the survey of the American boundary, these settlers, being in no other sense to be regarded as British subjects than as they nnght hap])en to reside in British territory, it would have manifested a' decent respect to the authority of the United States, beyond the most repeated exterior demonstration, to have abstained from direct exercises of supreme jurisdiction. The first Americau settlement was made above the French, and com- menced, from the clqarest information, in the year 1817, It consisted of several persons, tjien citizens of ^Massachusetts, who moved from thcKen- nebec, and established themselves with their families on ditl'erent spots — tiie lowest at tiie month of the JNIarinniticook, and the highest not far from the mouth of the St. Francis. It was well known in the Province of New Brunswick that these emigrants considered they were on Ameri- can territorv, and that their object was to obtain a title under the Ameri- can Government, It was also understood that they carried with them a magistrate, and that tliey intended to procure an incorporation. Whether any or what measures may have been taken by persons within the Prov- ince, actins: upon this information, it is not within my power to detail. It may be remarked, however, that, according to the best account, the whole territory of which they entered into occupation was previously uninhabit- ed and unimproved. The Provincial Government had never made any grant above the river Madawaska, The American settlers on the St. John were above any French settler. They and their assigns have since continued in the occupation of their lands, and a portion of the original settlers still remain. In 1S2.J grants were made by George W. Coflin and James Irish, Es- quires, acting as joint agents lor the Connuonwealth of Massachusetts and State of Mahie. by virtue of resolves of the resjjective Legislatures, bear- ing date Febuary 2ortion of them, and to intimidate tiie remainder. It is not understood that the.se measures have been extended to the French settlers on the Madawaska, who are williDUt litlr to their lauds, and it is jirobably not the cas(; ; but it is evident thai a (•orrcspDudinir ap])lication of judicial pro- ceediuL's has been made i'nnn the Province c>f New Brunswick, upon all tlie settlements above and below the French occupation of Madawaska, [ Senate i>oc. No. J 71. J 189 tending to their cxtornnnalion; und that lliu inluibitants are awaiting, in a state of fearful anxiety, the final measures of execution, from which they see no prospect of rehef. The plantation of Houlton is the common place of refuge to which they direct their feet, as it was the custom, in the ear- lier annals of New England, for the frontier settlers, in case of apprehen- sion, to gather toward a garrison. In pursuing the inquiry concerning the nature of aggressions com- plained of as committed by inhabitants, it may not come within the terms of my appointment to ascertain how far any proceedings that have been adopted may be traced to the authority of the (lovernment of New Brunswick. The general application of judicial process, however, from the Province of New Brunswick to all parts of the settled territory com- prehended in the claim of Great Britain, seems to give rise to such an in- quiry. 'Jlie summonses served on the settlers on the Aroostook and upon the St. John, from the Mariumticook, to the Fish river and St. Francis, appear, by comparison of numerous copies, to be all in the same form, for trespass and intrusion on Crown lands. A copy of an information served on John Baker, since his imprisonment, describes the land of which he is in occupation as lying within the parish of Kent, in the county of York. It may be, therefore, pertinent to inquire iiit,o the history of the parish of Kent," and refer to other measures of the Provincial Government, prelimi- nary to the above-mentioned process. The act of incorporation of the parish of Kent is dated 1821. It is entitled "■ An act to erect the upper part of the county of York into a town or parish," and provides that "all that part of the county of York lying above the parish of Wakefield, on both sides of the river St. John, be erected into a town or parish by the name of Kent." The parish of Wake- field was incorporated in 1S03, by an act also entitled " An act for erecting the upper part of the county of York into a distinct town or parish." A statistical account of New Brunswick, published in Fredcrickton in 1825, describes the parish of Kent as extending on both sides of the river from the Grand falls to Wakefield. The parish of Wakefield, it is understood, extended above the military post at Presque Isle, a station which was .abandoned the year follovvring the creation of the parish of Kent. A succinct statement may be made of the measures adopted by the Government of New Brunswick the present season. By an official act of the 9th of March last, reciting that satisfactory assurances had been con- veyed to his Majesty's Government of the earnest wish of the Govern- ment of the United States to reciprocate the conciliatory disposition shown in regard to the disputed territory at the upper part of the river St. John, it was declared to be most desirable, until the present question thereto should be finally settled, that no new settlement should be made, or any timber or other trees felled in the wilderness parts of that territory, nor any act done which might change the state of the question as it existed when the treaty of Ghenf was executed. Instructions were accordingly issued, addressed, in general terms, to all magistrates residing in the vicinity of what was termed disputed territory, directing them how to proceed, in the event of " any depredations being attempted by either party, on the lands in question." They were re- quired to be vigilant, and use their utmost diligence to discover any at- tempts which might be made by any of his Majesty's subjects to intrude upon the territory,' with a view' to make settlements or to cut timber, and 19() [ Senato Doc. No. 171. J to make ininit-'diate representation tliereof to his Majesty's Attorney General, that legal steps might be taken to punish such intruders and trespassers; and should they discover " similar attempts to be made by any other person, whether unauthorized or acting under color of au- thority,'' to use their best endeavors to ascertain the names of such per- sons, and report them to the Secretary of the Province, with affidavits to establish the facts, for the Lieutenant Governor's consideration. Information of these proceedings was communicated to the Government of tiie United States, by the British minister, in September last, as furnish- ing proof of the friendly disposition which animated the Lieutenant Gov- ernor of New Brunswick. Mr. Clay was at the same time informed by Mr. Vauglian that no attempt had ever been made to form new settle- ments, and that the Lieutenant Governor had abstained from exercising any authority over the unoccupied parts of the disputed territory, except for the purpose of preserving it in its present state ; and assured Mr. Clay that it was the wish and the duty of the Lieutenant Governor to avoid giving the sliglitcst uneasiness to the Government of the United States, on the territory which had unfortunately remained so long in dispute between the two Governments. The letter of the Ikitisli minister to Mr. Clay, of September 17th, is in answer to a communication from the Secretary of State, conveying a rep- resentation from your Excellency to the Government of the United States, respect ingcertain acts of the Government of New Brunswick which were considered an undue exercise of jurisdiction in the settlement on the river St. John, composed of the grantees under Massachusetts and Maine, and other American settlers. In his answer to this communication, the British minister observes, that "it appears from Governor Lincoln's statement that the settlement in question is a Ikilish settlement upon the river St. John, westward of the Madawaska ; and that it is composed of the original .settlers, and of emigrants from the United States." In what manner the settlement west of the Madawaska can be con- sidered a British settlement, can only be explained by a subsequent pas- sage in the same letter, in which the British minister says, that " ever since the Province of New Ikunswick was established, in the year 1784, the territory in dispute (between Gieat liritain and the United States) has al- ways been considered as forming part of it ; and the rights of sovereignty have, in consequence, been exercised by the British Government." He therefore protests against the validity of any title to lands in the ancient liriti.sh settlements, granted by the States of Maine or Massachusetts, "until a change in the right of possession shall have been etTected,in con- sequence of the fifth artirle of the treaty of Ghent." 'I'o sup[i(»rt this i)osition, the Jiritish minister refers to a map of Nova Scotia, pulilislied by the Jioard of Trade in 1755, including the territory in dispute in the Province of Nova Scotia. Jiy a map of this territory, pub- li.shed by order of the British House of Conunons, 2nth June, 1S27, the territory in question is not included in the Province of New Brunswick. In a subse(jU<;nt letter from the ]kiti;sh minister to Mr. Clay, dated No- vember 21. he sj)eaks (»f tlu; jtroceedings of the luagistrates acting under tlie authority of bis Mritaimic Majesty, in the I^ovinee of New lirunswick, against two citizens of the United Slates, established in British seltlements upon the rivers Aroostook and Madawaska. These proceedings, he observes, are supported by two affidavits, Iransniiiled by your excellency,, [ Seiate l)oo. N(k l7(. ] 191 viz: one of "William Dalton, residing upon the Aroostook," and the other of Jonathan Wilson, relating " to the arrest at Woodstock, upon the Madawaska river, within 65 miles of Frederickton, of Mr. Baker, for having interrupted the passage of the mail from New Brunswick to Canada." The Britisii minister states to Mr. Clay, that "the sovereignty and juris- diction over the territory claimed hy the British commissioners, according to the line laid down hy them, running by Mars hill, comprehending, in that portion ol' the territory of New Brunswick, the rivers Aroostook and Madawaska, have consequently remained with Great Britain, having been in the occupation and possession of the Crown previously to the conclusion of the treaty of 1783 ; and that the opposite claim of the United States caimot furnish any pretext for an interference with, or an interrup- tion of, the exercise of the jurisdiction within the territory, by magistrates acting under British authority, on the part of the citizens of the United States who may choose to reside in those ancient settlements." He adds, that he has already communicated to the Secretary of State sufficient proof of the decided resolution of his Majesty's Lieutenant Governor of New Brunswick to maintain the disputed territory in the same state in which his excellency received it after the conclusion of the treaty of GheiU ; and that he is convinced that a mutual spirit of forbearance ani- mates the General Government of the United States. The British minister further acquaints Mr. Clay that Sir Howard Douglas deems it his duty, as Lieutenant Governor, not to abandon any right of practical sovereignty which has been exercised in the disputed territory, " which has been iield, occupied, and located, as British settlements," for any period within the past century, or even later. That, considering the contluct of Baker fit matter for cognizance of the law officers of the Crown, his excellency had directed the Attorney General to take such measures as he might deem necessary, to enforce the municipal law of the Province ; and that there could be no grounds for complaint of an undue and illegal exercise of ju- risdiction, whatever motive there might be for remonstrance against the severity with which the laws might be executed. I take occasion to collect those details from the correspoi>dence of the British minister in this country, and present them to your excellency's attention, in order to exhibit the principles on which the acts in question may have been performed, and also because the conclusions which he de- duces from them are so undeniable. The character of this avowal is so peremptory, that it puts an end to all ground of inquiry on the part of Maine ; as the position, thus taken on behalf of the British Government, extends to justify the exercise of every species of power for v/hich a pre- cedent can be found in the past century, or even the present ; and Maine has no right to find fault with the manner in which the laws of die "Prov- ince may be executed in New Brunswick. So remarkable a proposition, however, is not well calculated to diminish our concern on account of the cause for which so large. a proportion of territory may be withdrawn from the jurisdiction of the State ; although it may allay your surprise at the determination of the Lieutenant Governor of New Brunswick to decline any intercourse with the Executive authority of the State, of the kind that has heretofore existed between adjoining Governments. If it be the correct state of fact,- as thus represented, that the territory in question has ever continued in the occupation and possession of the Brit- 192 \ Senate Uoc. No. l7l. ] ish Crown sin«-t' tlic ircuty ot' 17>s;J, it aiibnls a strong color, uiiqutistiona- bly, to the claim insisted upon to ihe absolute sovereignty ; as in a dubious case of ri^lit, wiiere lines have become obscured, an open, notorious, and exclusive possession, for a great length of time, in the presence and with- out the reproof of an adverse claimant, nujst necessarily have great weight in determining the title : and the principle thus strongly assumed, gives an important aspect to the demaiul which has been made upon Maine and Massachusetts, luider the form of the fifth article of the treaty of Ghent. It is to be doubted, however, whether your excellency will be able to discover evidence of the existence of any British settlement whatever within (he boimdary of Maine, The act of undertaking to remove all the settlers upon the territory to which the British Government lays claim, except the French, as trespassers and intruders, certainly does not tend to give any portion of the territory the character of a British settlement, by reason of their residence. Whether the act establishing the parish of Kent was intended to form a British settlement beyond the boundary, may depend upon the limits assigned to it — if it have any other than those of the disputed territory. The sunnnonses to the settlers on the Aroostook were dated 19th of May, and served early in July, before any movement of the Americans in the upper settlement on the St. John. On the Uth of August, Mr. More- house trai\smitted a list of American citizens settled on the river St. John, above the French settlements. The summonses to the latter, so far as seen, were dated September 17th. It is not known that there was any one of the American occupants in that quarter, where all are American citizens, omitted in the process. Warrants were also out against Bacon and Stutson, on charges similar to those against Baker, but had not been executed. It is due to say that 1 derived valuable benefit from Mr. liar- rell, to whom I also end<'avored to alibrd all the aid in my power. The result of this inquiry, from the justification advanced, is, that the Government of New Brunswick recognises the acts committed by her magistrates, and adopts them in all their bearings. It is now perfectly understood that the Government of New lirunswick claims to extend the laws of the Provmc*^ over a large portion of the territory of Maine. The operation is not merely left to inference. The design is not ailected to be concealed. The pretension is j)ublicly announced in official papers and comnuniications, sj)eaking the unequivocal language of the Government. We have a frank exposition of the views which are entertained by the British minister in this country, and the sentiments and spirit which ani- mate the Lieutenant Governor of New Brunswick. The whole tract of country which has be(;n the scene of late conq^laints is challenged as be- ing within the allegian(ni of his Britannic Majesty, under his sovereignty and jurisdiction, and subject to the municipal regulations and control of his govermneiu. No persons are considered as lawfully residing therein, excc[)t by the authority or suflerance of the Provincial Government. No mhabitants of this territory, whatever time they have been on, are deem- ed to be possessed of any estate therein, except by virtue of the Province laws. No residents are (.'Utillc'd to acquire any rights in real estate, ex- cept British subjects. All other occupants of the soil are treated as tres- passers and intruders. All other inhabitants are liable to the disabilities of aliens, and to the restrictions imposed upon their actions^ intercourse, [ Senate Doc. No. 171. ] 193 and industry, by the enactments of Prov^incial legislation, and likewise in respect to tlie right ol" bearing arms. Every American citizen is required to report himsell', within two months after his arrival, to a regimental quartermaster, and is subjected to an arnuial assessment for tlie mainte- nance of the Provincial militia. The residue of the territory, excc[)ting such small portions as may be parcelled out, is reserved as Crown lands ; and trees are forbidden to be cut among the royal forests, upon the penal- ty of the Province laws. Grants and licenses arc \vitlih(>ld or suspended for profound considerations. In other respects, the authority and laws of the Province are put in active operation and asserted with fnll vigor. This description is to be understood as applying to a large part of the State of Maine. The consequence is, that the class of cases concerning which the Gov- ernment of Maine is anxious to extend its inquiry, is not considered as coming witliin the scope of her constitutional care and cognizance. The individuals on whose behalf her solicitude is excited, arc intruders upon lands not within the State of Maine. Although citizens of that State, they have put themselves out of its power, and lay no longer claim to its protection, but are liable to be dealt with only according to the laws of New Brunswick, and placed under its Provincial police. This is the broad ground taken by the Government of that Province, While it is certain that no undue severity of motive can be attributed to the superior Executive of New Brunswick, it is equally apparent that the Provincial Government undertakes to exercise, in all respects, the rights of the most incontestable jurisdiction. The facts are shortly these : Citizens of Maine, and others, settled on lands surveyed and granted by its authority, living within its ancient and long-established limits, are subjected to the operation of foreign laws. These are applied to them in the ordinary course of civil process, in taking away their property, and also their persons. American citizens in this State are proceeded against as aliens, for sedition and other offences and misdemeanors against the Crown of Great Britain ; and one of them, a grantee of Massachusetts and Maine, seized on the land granted, remains in prison on charges of that description. A portion of this State, of con- siderable magnitude, is thus actually incorporated into the adjoining Prov- ince ; and his excellency the Lieutenant Governor, a person of great vir- tue, is unable, from his situation, to afford the explanations which these acts obviously require, except to those under whose orders he is placed, or with whom he is obliged to correspond. In begging leave to submit these circumstances to your excellency's consideration, and requesting permission to refer to accompanying papers, I am sensible of the occasion there is to solicit your indulgence in per- forming the duty I owe to yourself and to the State. I have the honor to be, with the highest respect, your excellency's most obedient servant, C. S. DAVEIS. To His Excellency Governor Lincoln. 14 194 [ Senate Doc. No. 171. ) STATE OF MAINE. Ji resolve in relation to aggressions upon the northeast frontier of the State. Whereas the sovereignty of tliis Stale has been repeatedly violated by the acts of the agents and officers of the Government of the British Province of New Brunswick, and that Government, by its agents and ollieers, has wantonly and injuriously harassed the citizens of this State residing on the northeastern frontier of the same, and within its limits, by assuming to exercise jurisdiction over them, in issuing and executing civil and criminal process against them, by which (heir property has been seized, and some of them arrested and conveyed out of the State, and subjected to the operation of the laws of that Provhice ; in establishing military companies within the territory of this State ; imposing fines for neglect' of military duty ; imi)osing upon our said citizens an alien tax, and requiring payment of the same : And whereas, by the exercise of the aforesaid unwarranted acts of jurisdiction by the Government of the said Province, some of our citizens have been deprived of their liberty, their property destroyed, many of them driven from their lands and dwell- ings, the tranquillity and peace of all of them disturbed, and the* settle- ment and population of that part of the State adjoining said Province greatly retarded, if not wholly prevented: Therefore, Jiesolvcd, That the present is a crisis in which the Government and people of this State have good cause to look to the Government of the United States for defence and protection against foreign aggression. Resolved, further, That, if new aggressions shall be made by the Gov- ernment of the Province of New Brunswick upon the territory of this State, and upon its citizens, and seasonable protection shall not be given by the United States, the Governor be, and he hereby is, requested to use all proper and constitutional means in his power to protect and defend the citizens aforesaid in the enjoyment of their rights. Resolved, further, That, in the opinion of this Legislature, the Execu- tive of the United States ought, without delay, to demand of the British Government the immediate restoration of John Baker, a citizen of this State, who has been seized by the officers of the Province of New Brunswick, within the territory of the State of Maine, and by them conveyed to Frcderickton, in said Province, where he is now confined in prison; and to take such measures as will eftcct his early release. Resolved, further, That the Governor be, and he hereby is, autjiorized and re(iucsted, with the advice and consent of Council, from time to time to extend to the family of the said John Baker such relief as shall be deemed necessary ; and he is hereby authorized to draw his warrant ou the treasury for such sum or sums as shall be required for that purpose. In the HorsE of Representatives, /Vir;/«ry 16, 1S28^ Read and pa«se^. JOHN RUGGLES, Speaker. Attest: James L. Child, Clerk. In Senate, February 18, 1828. Read and passed. ROBKRT P. DUNLAP, President Attest: Ebenezer Hutchinson, Secretary. February 18, 1828— Approved: ENOCH LINCOLN. [^'eiiate Doc No. 414. | ] 95 [Senate Document No. 414 — 24th Congress, IstStwaion,] Message from the President of the United States, transynitting {in compliance with a resolidion of the Senate) sundry documents re- lating to the Northeastern Boundary of the United States. To the Seyiate of the United States : I communicate to the Senate a report from the Secretary of State, with a copy of the correspondence requested by a resohition of the 21st ultimo, relative to the Northeastern boundary of the United States. At the last session of Congress, I felt it my duty to decline complying with a request made by the House of Representatives, for copies of this correspondence ; feeling, as I did, that it would be inexpedient to pub- lish it while the negotiation was pending. But, as the negotiation was undertaken under the special advice of the Senate, I deem it improper to withhold the information which that body has requested ; submitting to them to decide whether it will be expedient to publish the correspon- dence before the negotiation has been closed. ANDREW JACKSON. WashinG;TON, June 15, 1836. Department of State, Washingtoji, June 13, 1836. The Secretary of State, to whom has been referred the resolution of the Senate of the 21st ultimo, requesting the President to communicate to that body, " so far as in his judgment the public interest may permit, and confidentially or otherwise, information of the present state of the negotiation between the United States and Great Britain, respecting the Northeastern boundary of the United States ; including all correspond- ence between the two Governments, not heretofore communicated to the Senate, and those preliminary conditions, without which Great Britain declines to renew the negotiation, as stated in the President's message at the opening of the present session, and which conditions he deems to be incompatible with a satisfactory and rightful adjustment of the con- troversy," has the honor to submit to the President the accompanying copy of a correspondence between the Secretary of State and the diplo- matic representative of his Britannic Majesty at Washington, containing' the information called for by the resolution of the Senate. JOHN FORSYTH. To the President of the United States. i96 f Senate Doc. No. 4l4. | List of accompanying papers. Mr. Livingston to Mr. Bankliead, - Mr. Hankliead to Mr. Livingston, Sir Cliark's R. Vauglian to Mr. Livingston, Mr, Jjivingston to Sn" Ciiarlcs K. Vauglian, Sir Ciiarlcs R. Vauglian to Mr Livingston, Mr. Livingston to Sir Charles R. Vauglian, Sir Ciiarlcs R. Vauglian to Mr. McLane, Mr. McLane to Sir Charles R. Vauglian, Sir Charles R. Vaughan to Mr. McLune, Same to same, ... Same to same, Mr. McLane to Sir Charles R. Vaughan, Sir Charles R. Vaughan to Mr. McLane, Mr. McLane to Sir Charts R. Vaughan, Sir Charles R. Vaughan to Mr. McLane, Same to ^[r. Forsyth, Mr. Forsyth to Sir Charles R. Vaughan, Sir Charles R. Vaughan to Mr. Forsyth, Mr. Bankliead to Mr. For.syth, Mr. Forsyth to Mr. Bankhead, Mr. Bankhead to Mr. Forsyth, Mr. Forsvth to Mr. Bankhead, Dates July 21, 1832 July 21, 1832 April 14, 1833 April 30, 1833 May 11, 1833 May 28, 1833 May 31, 1833 June 5, 1833 June 6, 1833 Feb'ry 10, 1834 Feb'ry 10, 1834 March 11, 1834 March 16, 1834 March 21, 1834 March 24, 1834 Dec'r ■s, 1834 April 28, 1835 May 4, 1835 Dec'r 28, 1835 Feb'ry 29, 1836 March 4, 1836 March 5, 1836 Mr. Livingston to Mr. Bankhead. Department of State, Washington, July 01, 1832. The undersigned, Secretary of State of the United States, will now have the honor to fulfil to Mr. Bankhead, his Britannic Maje^ty's charge d'affaires, the promise which he made, that, as soon as the action of the Senate should be known, on the reference made to that body of the de- cision of the King of the Netherlands, the undersigned would answer Mr. Bankhead's note of the 20th of December last. llis Ihitannic Majesty's Governmont is too well acquainted with the division (»f powers in that of the United States, to make it necessary to enter into any explanation of the rea.sons which rendered it obligatory on the President to submit the whole .subject to the Senate for its advice. The result of that application is a determination on the part of the Senate not to consider tlio decision of the King of the Netherlands as obliga- tory, and a iffnsul to advise and consent to its execution; but they have passed a resolution advising the President to open a new negotiation with nis Britannic Majesty's Government, for the ascertainment of the bound- ary between tht^ possessions of the United States and those of Great Britain, on the Northeastern frontier of the United States, according to the treaty of peace of 1783. This resolution was adopted on the convic- tion felt by the Senate that the sovereign arbiter had not decided the [ 8enato Doc. No. 414. ] , 197 question submitted to him, or had decided it in a manner unauthorized by tb.e submission. It is not the intention of the undersigned to enlcr into an investigation of the argument which has led to this conclusion. The decision of the Senate j)rechides it, and the object of this comnninication renders it un- necessary; but it may be proper to add. that no question could have arisen as to tlie vahdity of the decision, had the sovereign arbiter deter- mined on, and designated, any boundary as that which was intended by the treaty of 17S3. He has not done so. Not being able, consistently with the evidence before him, to declare that the line he has thought the most i)ropcr to be established was the boundary intended by the treaty of 1783, he seems to have abandoned the character of arbiter, and as- sumed that of a mediator, advising both parties that a boundary which he described should be accepted as one most convenient to them. But this line trenches, as is asserted by one of the States of the Union, upon its territory ; and that State controverts the constitutional power of the United States to circumscribe its limits without its assent. If the deci- sion had indicated this line as the boundary designated by the treaty of 17S3, this objection could not have been urged; because, then, no part of the territory to the north or the east of it could be within the State of Maine ; and however the United States, or any individual State, might think itself aggrieved by the decision, as it would, in that case, have been made in conformity to the submission, it would have been carried into immediate effect. The case is now entirely different; and the necessity for further negotiation must be apparent, to adjust a diflerence which the sovereign arbiter has, in the opinion of a co-ordinate branch of our ex- ecutive powers, failed to decide. That negotiation will be opened and carried on by the President whh the sincerest disposition to bring to an amicable, speedy, and satisfactory conclusion, a question which might otherwise interrupt the harmony which so happily subsists between the two countries, and which he most earnestly wishes to preserve. The undersigned is instructed to say that, even if the negotiators of the two parties are unable to agree on the true line designated by the treaty of 1783, means will probably be found of avoiding the constitu- tional difficulties that have hitherto attended the establishment of a boun- dary, more convenient to both parties than that designated by the treaty, or that recommended by his Majesty the King of the Netherlands ; an arrangement being now in progress, with every probability of a speedy conclusion, between the United States and the State of Maine, by which the Government of the United States will be clothed with more ample powers than it has heretofore possessed, to effect that end. Should a negotiation be opened on this principal point, it will naturally embrace, as connected with it, the right of navigation of the river St. John — an object of scarcely less importance to the convenience and future harmony of the two nations, than the designation of the boundary; it being the wish of the President, and, as he has the best reason to believe, that of his Britannic Majesty's Government, to remove all causes for misunderstanding between the two countries by a previous settlement of all points on which they might probably arise. Presuming that the state of things produced by the resolution of the Senate above referred to, and the desire expressed by the President to open, carry on, and conclude the negotiation recommended by that body, 198 [Senate Doc. No. 414. ] in the most iVank ami amicable iimiiner, will convince his Britannic Ma- jesty's GovoinuR'nt of the necessity of meeting the otiers now made with a corres})ondent spirit, the imdersigned is directed to propose for consid- eration the propriety of carrying on the negotiation at this place. The aid which the negotiators on both sides would derive from being in the vicinity of the territory in dispute, as well as the information with respect to localities, from persons well ac(i\iainted with them, which they might connnand, are obvious considerations in lavor of this proposition. Until this matter shall be brought to a final conclusion, the necessity of refraining on both sides from any exercise of jurisdiction beyond the boundaries now actually possessed, must be apparent, and will no doubt be acquiesced in on the part of his Britaunic Majesty's Provinces, as it will be by the United States. The undersigned avails himself of this occasion to renew to Mr. Bank- head the assurance of his high consideration. EDW. LIVINGSTON. Charles Bankhead, Esq., ChargC d'Ajfaires of Great Britain. Mr. Bankhead to Mr. Livingston. Washington, July 21, 1832. The undersigned, his Britannic Majesty's charge d'affaires, has the honor to acknowledge the receipt of a note addressed to him this day by the Secretary of State of the United States, communicating the reasons which have induced the Senate to advise the rejection of the award of the King of the Netherlands upon the question of the disputed boundary between the United States and his Majesty's Province of New Bruns- wick, and the desire of the President to enter into further negotiation tliereupon with his Majesty's Government. The undersigned has already transmitted a copy of Mr. Livingston's communication to his Government ; and he takes this opportnnity of re- newing to Mr. Livingston the assurance of his most distinguished con- sideration, CHARLES BANKHEAD. The Hon. EnwAnn Livingston, ^'C. Sir Charles li. Vaughan to Mr. Livingston. Washington, April 14, 1833. The undersigned, his IhiianuK- Majesty's envoy extraordinary and mini.'-ter plenipotentiary, havinir been directed l)y his Government to open, ui)on his arrival at Washington, a connmnucation with the Govern- ment of the United States upon the question which relates to the long- disputed claims of the two countries, with respect to the boundary be- tween the Northeast portion of the United States and his Majesty's colonial possessions in North America, has already made Mr. Livingston acquainted with tiie instructions which he lias received upon this qucs- [ Senate Doc. No. 414. ] 199 lion, ill whicli his Majesty's Government feels so deep an interest ; and the undersigned is authorized by his Governnicut to lay, openly and without reserve, the nature of those instructions in an official note to the Secretary of State, as they contain the answer which his Majesty's Gov- ernment have decided to make to the note of Mr. Livingston of the month of July last. His Majesty had indulged a confident hope that the means of adjusting a question which has been the object of fruitless negotiation during a long series of years, and the settlement of which is essential to the preservation of a good understanding between the two countries, had, at IcHgth, been attained, by the reference to the arbitration formerly agreed upon and regulated by the convention of the 29th September, 1827 ; and his Majesty, intluenced by an earnest desire to promote the harmony so happily subsisting between his Government and that of the United States, no less than by his sense of the obligations imposed upon him, in common with the American Government, by that convention, did not hesitate to declare his acceptance of the decision of the arbitrator, notwithstanding the large sacrifice which it involved of territory heretofore considered as belonging to the British Crown. It was not, therefore, without very deep concern that his Majesty saw his hopes frustrated, and the sacrifice whicli he had been willing to make rendered unavailing, by the communication contained in the note ad- dressed by the American Secretary of State to the charge d'affaires of his Majesty at Washington, dated the 21st July, 1832. By that note his Majesty's Government are informed that the Senate of the United States (to which body the President, as required by the con- stitution, had submitted the question for its advice) had determined not to consider the decision of the King of the Netherlands upon the line of boundary, which was submitted to his arbitration, " as obligatory ;" and that they had refused to advise and consent to its execution, on the ground that his Netherland Majesty had abandoned the character of arbitrator, and had assumed that of mediator ; and that he had not decided the question submitted to him, or had decided it in a manner unauthorized by the terms of the reference. The American Secretary of State observes that the validity of the de- d several (|uestions. Iieing seven in number, connected with it, upon which tlic two parties had entertained ditferent oninions. [ Senate Doc. No. 4l4. J 2i9 Sir Charles R. Vaughaii furtlicr states tluit it is the opinion of liis Majesty's Government that the decisions of the arbiter upon the second and third main points referred, and also upon the subordinate questions as to which he expresses an opinion hi his reasoning upon the first main point, ought to be aecpiiesced in by the two Governments ; and that, in any future attem))t to trace a boundary in strict conformity with the words of the treaty of 1783, it would be necessary to adopt the opinion express- ed on these seven ijuestions, as a ground-work for further proceedings. Without here attemping a more particular reference to other remarks of Sir Charles R. Vaughan, the undersigned will proceed with his ob- servations in reply ; not doubting that, in these, a satisfactory answer to the entire scope of Sir Charles R. VaugJian's note will be ])erceived. The undersigned is constrained to express his regret that it should still be considered hy his INIajesty's Government that any part of the opinion of the arbiter is obligatory upon either party ; but he does not deem it necessary or useful, at present, to enter at large into the discussion of that point. From the nature of the opinions expressed by the arbiter, his recommendations could not have been carried into effect by the President without the concurrence of the Senate ; and that body, con- siderhig those opinions not only as not determining the great and sub- stantial object of the reference, but as in fact deciding that object to be impracticable, and therefore recommending to the two parties a boundary not even contemplated either by the treaty or by the reference, nor within the power of the General Government to take, declined advising the President to execute the measures recommended by the arbiter ; but, on the contrary, did advise him to open a new negotiation with his Britan- nic Majesty's Government for the ascertainment of the boundary betAveen the possessions of the United States and those of the King of Great Britain, on the Northeastern frontier of the United States, according to the treaty of 1783. The proposition submitted by Mr. Livingston, in his letter of the 30th April, proceeds upon this basis, in the hope that, if embraced, it will re- move the principal difliculty which prevented the arbiter from attaining the object of the reference. The undersigned is constrained to observe, however, that he cannot admit that even a decision, much less the expression of an opinion, by the arbiter, upon some of the disputed points, but of a character not to settle the real controversy, is binding upon either party in any future attempt to adjust that which the arbiter failed to settle. Now, the main object of the stipulation in the fifth article of the treaty of Ghent, of the commission raised under that article, and of the refer- ence to the King of the Netherlands, was the ascertahiment of the North- eastern boundary, along its entire line, according to the treaty of 1783, and which had remained unascertained since that period. It is true that, in the ascertainment of this boundary, many points, as is most generally the case in disputed questions of location, were involved ; and that each of those may be admitted to be necessary to the discovery of the true bound- ary throughout the whole line; but when tlie arbiter felt himself unable to decide more than one, or at most two, of these points, he was in fact little nearer the accomplishment of the great and real object of the refer- ence, or of the objects of the treaty of 1783, and that of Ghent, than if he had left each point undetermined. The most material point hi the line of the true 220 [ Senate Doc. No. 414. j boundary, both as it respects the difficulty of the subject and the extent of the territory and dominions of the respective Governments, lie confessed- ly not only failed to decide, but acknowledged his inability to decide; there- by imposing: upon both Governments, and especially that of the United States, owing to the peculiar structure of its institutions, the unavoidable necessity of resorting to further negotiation and other means to ascertain the real boundary of the treaty of 17S3 ; and, as a necessary consequence, each party was absolved from any obligation to adopt his recommenda- tions. Not only has the arbiter not decided all the points necessary to be ascertauied for the purpose of establishing the true boundary of the treaty of 17S3, but the vital and most material point — that, Avithout which no step can be taken in fixing the boundary and running the line stipulated by the treaty of 1783 — he lias undeniably left vmdecided : whereby the great objects, both of the treaties and of the convention of reference, have been defeated. Nor can the nndersigned admit that, of the three main points of differ- ence referred to the arbiter as necessary to ascertain the boundary of the treaty of 17S3, he has decided two, as is supposed by his Majesty's Gov- ernment. On the first point, it is not contended that the arbiter made a decision, or that he Ibund either the angle or the highlands called for by the treaty of 1783 ; but it is, on the contrary, clear that, so far from deciding that point, or finding those places, he merely expressed an opinion of what would be suitable for the parties to adopt, in lieu of the line of the treat V ; and it appears to the undersigned equally clear, that, in relation to tho tiiird point, liis opinion is expressed in no more positive language, and with no nearer an approach to a decision. On this point he expresses an oi)inion merely, that it will be suitable to proceed to fresh operations to measure the observed latitude, but in such manner that the fort at Rouse's point shall be included in the territory of the United States. The undersigned is aware, however, if the proposition made by Mr. Livingston should be accorded to by his Majesty's Government, and the commission hereafter to be appointed should result, as the undersigned believes it will, in ascertaining the true situation of the boundary called for by the treaty of 17S3, that it would be afterwards necessary, in order to ascertain the true line of boundary, to settle the other two points, ac- cording to which it is to be traced. And as the proposition contained in Mr. Livingston's letter does not apply to either of these points, the Presi- dent is sensible that some understanding upon them will be proper to the attninmniit of the great object he is framing. The l^resident has, therefore, directed the undersigned to say that, if the proposition he has raused to b<^ made be accorded to by his Majesty's Govcrmntoit, notwithstanding that he does not admit the obligatory effect of the decision, or rather the opinion, of the arbiter on the point, he is willing to take tlu^ stream situated farthest to tjie northwest among those which fall into the northernmost of the three lakes, the last of which bears the name of ComiPftimt lake, as the northwesternmost head of the Con- necticut river, arcordiu!? to the treaty of 17S3, As it rcsitcfts tin- third point reft-rred to the arbiter, but u]ion which he failed to deride. Sir Charles R. Vaiighan is doubtless aware that, as early as the year 1771 and 177^% the line of boundary involved in it was sur- veyed and marked along the 45th parallel of north latitude, from the cast [ Senate Doc. No. 414. ] 221 side of lake Champlaiii to the river Connecticut, by Thomas Valentine, deputy surveyor on the part of tlie Province of !^o\v York, and by John ColHns, deputy surveyor of the Province of Quebec ; that, since tliat period, grants of land have been made by the respective Governments on botii sides up to this line; that settlements have been formed, that towns have risen up, and that jurisdiction has been exercised by tlie two Governments up to this line, on either side. These facts are certainly cogent proofs that this line is the true boundary according to the treaty of 17Sj ; and it ap- pears to the President that, regarding the preservation of the }>opulation on botli sides, their habits, and settlements, this third point might be disposed of with mutual satisfaction to both nations, and in strict conformity with the treaty of 1783, by adopting the line as surveyed and marked by Thomas V^alentine and John CoKins, in 1771 and 1772; and he will ac- cordingly agree, if his proposition as to the first point be embraced, to adopt this line. An acquiescence by the United States in the opinions which it is sup- posed by his Majesty's Government have been pronounced by the arbiter in the course of his reasoning upon the first point submitted to liim, is liable not only to the objections already stated, but to others, which the under- signed is constrained, by the spirit of frankness in which the proposition directed by the President has been presented, to inform Sir Charles R. Vaughan are insuperable. It is in the first place to bs observed, that the matters to Avhich the arbi- ter's opinions, mentioned by Sir Charles R. Vaughan, relate, although subjects on which the two parties may have entertained dilferent views, were subordinate, merely, to the point in dispute submitted to the arbiter; and were used by the parties in illustration of their pretensions, and as affording grounds to sustain their respective positions on the real point in dispute. The views expressed by the arbiter on these matters cannot be regarded as decisions within tlie meaning of the reference, but rather as postulates or premises by which, in the course of his reasoning, he arrived at the opinion expressed in regard to the point submitted for his decision: and it therefore follows, that the acquiescence on the part of the United States, as required by Great Britain, would be to reject as erroneous the conclusion of the arbiter, and at the same time adopt the premises and reasoning by which he reached it. It must also be remarked, that these seven postulates or premises se- lected by his Majesty's Government as necessary to be considered by the United States, are but part of those on which the arbiter, in the course of his reasoning, was equally explicit in the expression of his views, and that on others, his reasoning may be considered as being more favorable to the pretensions of the United States ; and no reason is perceived, therefore, why an acquiescence in the opinions of the arbiter upon these, should not equally apply to all the premises by him assumed, and be binding upon both Governments. The undersigned is persuaded, however, that there is no obligation upon either party to acquiesce in the opinion of the arbiter on any of the matters involved in his premises, and that to do so would defeat the end of the present negotiation. It appears to be conceded that, upon this first and most material point, the arbiter has not made his decision in such manner as to be binding upon either of the parties ; and if, in consequence of this fact, no cbliga- 2 22 [ Senate Doc. No. 414. ] tion can arise to acquiesce in his opinion upon the main point he was called upon to decide, certainly there can be no greater obligation to yield, not to his decisions, but to his opinions, upon matters subordinate merclv. Tlie stipulations in tlie treaty of Ghent require the ascertainment and dctenninaiion of those parts of the boundary designated in the treaty of peace ol 17S3, therein mentioned ; and the three points of diflerence be- tween the commissioners appointed according to the former treaty, were referred to the decision of the arbiter : of these, the most material point is that of the highlands, to which the proposition directed by the President applies, and which are designated in the treaty of peace as the northwest angle of Nova Scotia, formed by a line drawn due north from the source of the St. Croix river to the highlands dividing the rivers that empty themselves into the river St. Lawrence from those which fall into the At- lantic ocean. Now, should it he even admitted that, in rcUuion to some of the matters subordinate to tliis material point submitted to him, the arbiter may have expressed his opinions, yet it is obvious that the result of his reasonhig and of those opinions upon his premises taken together, instead of leading to the determination he was called upon to make, necessarily conducted him to the conclusion that neither of the boundaries claimed by the re- spective parties is the true line, and that he himself could not ascertain and determine which the true line, according to the treaty, is. His prem- ises and reasoning, therefore, ended in satisfying the judgment of the arbiter that it was^impossible for him to decide the great point submitted to him ; but, instead of reviewing his course of reasoning, (which, for the cause already stated, there was good ground to distrust, and, in the opinion of the undersigned, wholly to reject, inasmuch as to admit its accuracy would be subversive of tlie objects and stipulations both of the treaty of 1783 and of that of Ghent ;) and, instead of proceeding by other means to ascertain and determine tlic true line, he recommended a new line, con- fessedly different from that called for by the treaty of 17S3, answering in no particular the words of that treaty, and which could only be estab- lished by a convention between the two Governments. But this recommendation the Government of the United States could not adopt, nor, without the consent of the State of Maine, agree upon a new and conventional line dilTerent from that required by the treaty of peace. The resolution of the Senate, pursuant to which the present ne- gotiation has ha[)pily been renewed, proposes to ascertain the boimdary according to the treaty of 1783 ; and, for this purpose, by whatever means it may be ascertained, the authority of the Government of the United States is complete, without the co-operation of the State of Maine. Now, It nuist be admitted that the arbiter precluded liimself from attain- in'^ this o\)\vci by liis reasoning on the suluirdinate matters already men- liolicd, aiui by filling alterwards to adoj)! other means, not only allowable but usual in suosture of the affair, and their future anncable relations, end, in pro- portion to the dilficulties admitted to exist, to cultivate the disposition necessary to surmount them. It is not contended that either of the high parties was bound to adopt the line of houndary recommended by the arbiter; and the Senate of the United States have refused, by a vote of great unanimity, to consent to its adoption hy the President. It camiot with propriety be contended that the United States were under greater obligation to take the fine recom- mended hy the arbiter, wheji he himself could not be satisfied of the right of either party, than either (iovernment would have been under to adopt either of the lines upon which the original connnissioners disaa;reed. Nolhint^ remains, therelore, hut to discard the line called lor by the treaty of 1783, and ndo]tt a new ;uid conventional line, mutually con- venient l\)\- \)i)\\\ i)arlies ; or to make a finilier ellort, by means yet untried. [ Senate Doc. No. 414. ] 233 but affording reasonable lioj^e of success, lo discover tlic true line of the treaty of 1783. To adopt the former alternative, the United States have no power with- out the assent of Maine ; and that assent, in the present state of the con- troversy, Avliiie there remnins a reasonable hope of discovering the true and original boundary, it is not j)ossible to obtain. It is under such circumstances that the Covernment of his Britannic Majesty is invited to unite with the President in another ellbrt, aided by the adoption of a plain and easy rule of surveying, to find the line of the treaty of 1783, and thus finally to remove the chief obstacle to that state of amity which it is so much the interest of both nations to cherish and perj^etuate. The undersigned avails himself of the occasion to renew to Sir Charles R. Vaughan the assurance ofliis distinguished consideration. LOUIS McLANE. Right Hon. Sir Charles R. Vaughan, Envoy Extraordinary and Minister Plenipotentiary of his Britannic Majesty. Sir Charles R. Vaughan to Mr. McLane. Washington, March 24, 1834. The undersigned, his Britannic Majesty's envpy extraordinary and min- ister plenipotentiary, has the honor to acknowledge the receipt of Mr. McLane's note of the 21st instant : and he feels himself called upon to offer some explanation of the misapprehension which it appears that he has entertained of the bearing of the several divisions in the Senate when the award of the King of the Netherlands was under their consideration. The undersigned found, in the report which has been published of the proceedings in the Senate on that occasion, the question distinctly taken, and the award rejected by a bare majority of one vote. The division ot 35 to 8, which Mr. McLane states was decisive upon the award, as it negatived the resolution in the report of the committee which recommend- ed the acceptance, escaped the attention of the undersigned, in conse- quence of that question having been divided and encumbered with amend- ments. Subsequently, a resolution similar to the one in the report of the committee, the undersigned now finds was rejected by a vote of 34 to 8. The inference drawn by Mr. McLane from these two divisions is, that only eiglit Senators were in lavor of accepting the award, and it liad been determined that two-thirds of the Senators present must concur in con- senting to accept it ; which could not, from the nature of the opinion ex- pressed by the arbiter, be carried into etlect by the President without the consent of the Senate. Mr. McLane asserts that the division of 21 to 20, cited by the under- signed, b.id no direct application to the validity of the award, and afforded no indijniion of the opinion of the award of the twenty Senators who voted for its acceptance ; and yet the vote was distinctly taken upon the question whether the Senate should advise the President to decline the adoption of the boundary recommended by his Majesty the King of the Netherlands. 2J4 [ Senate Doc. No. 414. ] With regard to tlie observation ol' the uiitlersigncd tliat the mode m which it was proposed by the United States to settle the boundary was coinpUcated, he did not mean to apply it to the adoption of a rule in the settlement ol' disputed questions of location, but to the manner in which it is proposed by the United States that the new conmiission of survey shall be selected and constituted. The only alternative being, according to Mr. McLane's note, to decide upon a conventional line of boundary, or to make another attempt to find the line of the treaty of 17S3 ; and the United States not having the pow- er to adopt the former, without the assent of Maine, the undersigned will seize the earliest opportunity of laying before his Majesty's Government the invitation of the President to make another effort to discover the line of the treaty. The undersigned has the honor to renew to Mr. McLane the assurance of his most distinguished consideration. CHAS. R. VAUGHAN. The Hon. Louis McLane, 4'C. Sh' Charles /?. J'aughan to Mr. Forsyth. Washington, December 8, 1S34. The undersigned, his Britannic Majesty's envoy extraordinary and min- ister pli'iiipotentiary, has received instructions from his Majesty's Govern- ment to lay before the Government of the United States the following ob- servations, in reply to the proposition made by the President for settling the disputed boundary between his Majesty's North American possessions and the United States. His Majesty's Government have considered, with all the attention which the great importance o{ the subject demands, the notes addressed to the undersigned on the 11th and 21st Marcli, by Mr. McLane, the Secretary of State of the United States, and perceive with great satisfaction, in the language of Mr. McLane's notes, and in his earnestness in pressing upon his Majesty's Government a proposition believed by the President of the United States to be conducive to an adjustment of important differences ])etween the two Governments, a new proof of the friendly sentiments of the Govcnnucnt of the United States to\vards that of his IVIajcsty, and a fresh manifestaticjn of a desire to confirm and pcr})etuate the amicable re- lations now so happily subsisting between the two countries. Animated by a similar spirit of cordial friendshij) towards the President and Government of the United States, and actuated by an unabated and most anxious desire to arrive at a settlement of this question of boundary by any means not inconsistent with the honor and with the essential inter- ests of Gn.'at liritain, his Majesty's GovcMnmont, in niplying to the notes of Mr. MeLan«', have determined to al)stain from expressing all the regret which thi;y feel at finding that the American Government slill declines (o come to a separate understanding on those several points of difference, with respect to which the elements of decision are fully before both Gov- ernments. But his Majesty's Government cannot refrain from saying that they regret this circmnstance the more, because, on the one hand, 'Ik'sc ])(jints of (lifferen<'(" an- not beset with such dilliculties ;is attend the [ Senate Doc. No. 414. ] 233 asccrtaiument of the liiglilaiids desciibcil l)y the treaty of 17S3 ; and be- cause, oil the other liaiid, the scttlcineiit of these i)oiiits could not fail to facilitate the adjustnieut of the remaiiiiiii,' points of didereuce, by narrow- ing the lield of discussion, and by clearly establishing some of the data upon which a right determination of those remaining points of dilference must depend. Passing by, however, for the present, these subjects of just regret, but without in any degree abandoning tlie argument contained in the note addressed by the undersigned to Mr. McLane on the 10th of Feb- ruary last, his Majesty's Government will now address tliemselves exclu- sively to that proposition of the President which is contained in Mr. McLane's notes, and in the previous communications of Mr. Livhisgton of the 30th April and 28th May, 1833 ; the proposition, namely, that new commissioners should be appointed, who should be empowered to seek, westward of the meridian of the source of the St. Croix, highlands answer- ing to the description of those which are mentioned in the treaty of 1783. The President founds this proposition on what Mr. McLane represents to be a plain and universal rule for surveying and laying down the bound- aries of tracts and of countries designated by natural objects ; this rule being, first to find the natural object, and then to reach that object by the nearest direct course from any other given point, and with the least pos- sible departure from the particular course prescribed in the original deed or treaty in which the boundary is described. The President, it is said, does not doubt that, with the aid of more accurate surveys of the ground by skilful persons, highlands answering to the definition of the treaty may yet be found ; and he adds 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 accord- ing to the treaty of 1783, a line drawn to them from the monument at the source of the St. Croix river will be such a fulfilment of the terms of that treaty, as that the President can agree to make it the boundary, without a reference to the State of Maine." His Majesty's Government think it right, with regard to this propo- sition, in the first place to say, that, however just and reasonable the rule of surveying here stated by Mr. McLane may seem, they do not con- sider that rule to be so generally established and recognised as Mr. McLane assumes it to be. His Majesty's Government, indeed, do not recollect any case similar to the present, in which the principle here as- serted has been actually put in practice ; but, on the contrary, they re- member a case, not merely analogous to that which is now under discus- sion, but arising out of the same article of the same treaty of 1783, in which this supposed rule was inverted by the agents of the American Government itself. The treaty of 1783 declared that the line of bound- ary was to proceed from the Lake of the Woods, " in a due west course to the river Mississippi." It was afterwards ascertained, by actual sur- vey, that even the sources of the Mississippi lie south of the latitude of the Lake of the Woods; and that, consequently, it would be impossible to reach the Mississippi by any line drawn due west from that lake. In order to escape from the clilficulty thus encountered, it was urged by the American commissioners that the natural object, the Mississippi, should be wholly disregarded ; and in the final settlement of that part ot the boundary, as it was fixed by the second article of the convention of Oc- tober 20, ISIS, the principle now contended for by the American Gov- 236 [ Senate Doc. No. il4. ] eriiinent was reversed ; for, instead of tlie natural object being made the piiiiKiry, and ll;e connecting line the secondary guide, the natural ob- ject, namely, ti.e river Missi.'\si|)pi, was put out of consideration, and the connecting line, namely, the line to be drawn due west from the Lake of the Woods, was converted into a primary element of the boundary. It was demonstrated that such a line never could reach the Mississippi at all ; bur, instead of adhering to the source of the Mississippi as one fixed point, and drawing a new conncctmg line to it from the Lake of the \N'oods, which was the other fixed point, the commissioners adhered to the arbitrary Hue, to be drawn due west from the lake, and wholly abandoned the Mississippi, though that river was specifically mentioned in the treaty as a landmark. The undersigned has ah-eady observed, in his note of the 10th of Feb- ruary last, that the objection which has been made by the State of Maine to the line proposed by the King of the Netherlands, would seem to be equally apphcable to a westerly deviation from the due north line. But, ' nevertheless, if the President of the United States is persuaded that, not- withstanding raiy opporution on the part of Maine, he can carry through, on this occasion, the practical application of the principle of surveying which he has proposed ; and if, as Mr. McLane alleges, no hope remains of overcoming the constitutional difRcuhy in any other way, at least until this new proposition shall have been tried and found unavail'ng, his Majesty's Government are ready to forego their own doubts on this head, and to acquiesce in the proceeding proposed by the President of the United States, if that proceeding can be carried into eifect in a manner not otherwise objectionable. But, in order to preclude all future uncer- tainty or cavil on matters upon which differences of opinion have arisen, and may arise again, liis Majesty's Government would consider it desi- rable that the principles on which the new commissioners would have to conduct their survey should be settled beforehand, by a special convention between the two Governments. There is, indeed, one preliminary ques- tion upon which it is obviously necessary that the two Governments should be agreed, before the commissioners to be appointed could begin their sur- vey with any chance of success; and that question is, What is the precise meaning to be attached to the words which are employed in the treaty to define the highlands which the commissioners are to seek for? A differ- ence of opinion has heretofore existed between the two Govenmients with respect to that meaning; and, unless the commissioners arc agreed upon that point.it is obvious that they never can concur in determining whether any [)articnlar highlands wliich they may meet with in their survey, are actually the highlands intended to be described in the treaty. Mr. McLane has correctly stated, in his note of the 21st of March, that the hiijhlands to be sought for nuist be hii^hlctnds .separating rivers according to the treaty of ITH.'i; i-nd, in ccjiifonnity with the words of that treaty, they must be "highlands which dividt; those rivers that empty themselves into the river St. Lawrence from those which fall into the Atlantic ocean." As, there- fore, the highlands intended by the treaty are to be distinguished from other higiilands by the riv'ers whicjj How from them, and as those distin- guishing rivers aiu to be known from other rivers by the situation of their moiuhs, it is obvious that the operations of the surveying •omniissioners can lead to no practical result, imless it be settled beforehand which are the rivers that fall into the St. I^awrence,and which are tho.se that lall into the Atlantic ocean. [ Senate Doc. No. 414. ] 237 Now, with respect to tlie riv^ers which How iiorthwiird into the St. Law- rence, no dili'erence of opinion has arisen hetween the two Governments. Hut, with respect to the rivers which How southward into tiie Atlantic ocean, a diflerence of opinion has taken place. The British Government contend that the treaty of 1783 cstabhshed a distinction in this respect between the Atlantic ocean and the bay of Fundy ; and that rivers falling into the bay of Fundy are not, for the purposes of the treaty, rivers falling into the Atlantic ocean. The American Government, on the other hand, has maintaiiK^d that, for the purposes of the treaty, the bay of Fundy is part of the Atlantic ocean ; and that rivers falling hito the bay may be considered to be rivers falling into the ocean. His JNIajesty's Government do not deem it necessary to recapitnlatc in tliis place the conclusive arguments by which it has been shown in the British statements which were laid before the arbiter, and which are now in the hands of the American Government, that the frameis of the treaty of 178:3, when they used in the second article the words ''rivers which fall into the Atlantic ocean," could not possibly have meant to desig- nate any rivers whose mouths were situate to the eastward of the river St. Croix, which falls into the bay of Fundy. It is thought sufficient on the ])resent occasion to advert, in support of this construction of the words of the treaty, to the striking fact, that, whilst the river St. Mary, which was to form the Southern boundary of the United States, is de- scribed in the second article of the treaty as flilling into the Atlantic ocean, the river St. Croix, which was to form the Eastern boundary, not merely in the same article of the treaty, but in the very next member of the same sentence, is described as falling into the bay of Fundy ; while a little further on, in the sime article, the Eastern fine of boundary, where it terminates at the mouth of the river St. Croix, and the Sonthern line of boundary, where it terminates at the mouth of the river St. Mary, are described " as respectively touching the bay of Fundy and the At- lantic ocean." Can it be seriously maintained that, in a treaty for set- tling a question of such vast importance as a boundary between two con- tiguous States — a matter which, of all others, imperiously requires pre- ciseness of expression — the terms "bay of Fundy" and "Atlantic ocean" should have been thus set, not once only, but twice, in the same article, in pointed opposition to each other, and yet that no real distinction .should have been intended to be drawn between them; but that the "bay of Fundy" and the "Atlantic ocean" should have been carelessly used as synonymous and convertible expressions? His Majesty's Government conceive that no reasonable doubt can be entertained that, where the St. Croix, the Eastern limit of the United States, is described as falling into the bay of Fundy, it is advisedly so described, in contradistinction to the other rivers which are mentioned in the same article as flowing into the Atlantic ocean. But, if the St. Croix, whose mouth is situate at the very entrance of the bay of Fundy, is not an Atlantic river in the mean- ing of the treaty, none of the rivers which discharge themselves to the eastward of the St. Croix, and higher up in the bay, can possibly be con- sidered as such. The view which has uniformly been taken of this question by his Majesty's Government has lately received additional confirmation by the terms of the award of the King of the Netherlands. The opinion ex- 238 [ Senate Doc. No. 114. ] pressed in tliat document, tluit the rivers Si. John and Ristigoiiche are not Athmtic rivers according to the meaning of the treaty, althougli it may not he accepted hy the Government of the United States as carrying with ii the authority of an award, is at least, to use the language of the report of tiie Senate of the United States, "the impartial opinion of a dis- interested judge selected by both parties to settle a question of great peqilexity.'' Considering, then, the force of tlic arguments which have here been either stated or referred to, and adverting to the fact that those argu- ments have been confirmed by the opinion of an impartial authority, se- lected by the common consent of the two Governments, his Majesty's Government trust that the American cabinet will be i)rei)ared to agree with that of his Majesty as to the construction to be put upon this passage of the treaty, and will concur in deciding that the Atlantic rivers which are to guide the commissioners in searching for the highlands described in the treaty, are those rivers which fall into the sea to the westward of tlie mouth of the river St. Croix. The undersigned is instructed to represent to Mr. Forsyth that his Majesty's Government consider a clear agreement between the two Gov- ernments on this point to be an indisputable preliminary to the establish- ment of any new commission of survey, 'rill this point is decided, no survey of commissioners can lead to any useful result. But the decision of this point turns upon the interpretation of the words of a treaty, and not upon the operations of surveyors ; and his Majesty's Government having once submitted this point, in common with others, to the judg- ment of an impartial arbiter, by whose award they have declared them- selves ready to abide, they cannot now consent to refer it to any other arbitration. Tiic undersigned has the honor to renew to Mr. Forsyth the assurance of his highest consideration. CHARLES R. VAUGHAN. The Hon. John Forsyth, ^x: Mr. Forsyth to Sir Charles R. Vaughan. Departaient of State, Washington, Jlpril 28, 1835. The observations of the 8th December, submitted under instructions from the Jiritish Government by Sir Charles R. Vaughan, his Britannic Majesty's envoy extraordinary and minister plenij)otentiary, on the prop- osition made by the United States lor the settlement of the disputed boundary between the United States and his Britaimic Majesty's North American possessions, have been laid before the President, and, by his di- rections, the undersigned, Secretary of State of the United States, has now tlie honor to rcj)ly. Tlie President reciprocates most fully the spirit of cordial friendship towards the Government of the United States and liiniseH', by which Sir Charles R. Vaughan is pleased to assure the undersigned thai his Majes- ty's Govenmicnt is aetuated, and sees with satisliiction the renewed assurances of its desire to arrive at a settlement of the question of bound- [ Senate Doc No. 114. J 239 ary by any means not inconsistent with the honor and essential interests of Great Britahi. Tlie undersigned is iuslructed to repeat, on the part of tlie President, the exfression of his detcn-niination to cllectuate that object by all tlie means within liis constitutional competency, which are recon- cilable to his views of wiiat are justly due to the character and interests of the United States. The President has derived a satisfaction proportionable to his deep sense of its importance, from the success which has attended the past elforts of the two Governments hi removing existing, and preventing- the recurrence of new, obstacles to the most liberal and friendly intercourse between them; and it would be a source of unalloyed pleasure to be able during the short period which he may remain at the head of the Govern- ment, to bring to a conclusion, satisfactory to both parties, a controversy which has been justly described as the only matter of serious difliculty which is still in contestation between Great IJritain and the United States. The convention authorizing and regulating the reference of the points of difference to a friendly sovereign, and the selection of that sovereio-n had been made before the President entered on the duties of his office ^ but no time was lost in adopting and facilitating all the measures in which his agency could be properly employed to bring that reference to a speedy and satisfactory result. If the distinguished arbiter agreed upon had found himself able to come to a decision upon the subject satisfactory to his own judgment, the Government of the United States would not have hesitated for a moment, whatever might have been its opinion of the jus- tice of such decision, to have united with his Majesty's Government in carrying it fully and immediately into effect. Unfortunately, this was beyond his power ; and the respected arbiter was too sensible of what was due as well to his own high character as to the parties, to profess to have done what lie found himself unable to accomplish. Believing, sincerely (but as the President cannot but think erroneously,) that he could not dis- charge the functions of arbitrator, he, from unquestioned motives of friendly- regard to the parties respectively, acted in the character of mediator. That the acts or suggestions of the selected sovereign, in the character of mediator, were not binding upon the parties further than they should, subsequently, respectively agree to adopt them, was a point too' clear to furnish grounds of dispute between the two Governments; nor was it less clearly the duty of the President to submit the whole matter, as presented by the arbiter, to the Senate of the United States for its constitutional advice and co-operation. Recommendations of the arbiter were rejected by a large majority of that body, and a resolution passed advising the President " to open a new negotiation with his Britannic Majesty's Gov- ernment for the ascertainment of the boundary between the possessions of the United States and those of the King of Great Britain, on the North- eastern frontier of the United States, according to the treaty of peace of 1783." The parties were thus placed, in respect to the disputed boundary, in the situation respectively occupied by them before the conclusion of the convention of the 24th December, 1814, in virtue of which the various measures that had been successively adopted to bring this controversy to a satisfactory termination were commenced ; leaving the President witli no other rightful authority for its adjustment than that of opening anew ne- gotiations for the settlement of the question, according to the terms and upon the principles of the treaty of 1783. 240 [ S;»nate Doc. No. 414. ] The un lorsigned is specially instructed to assure Sir Charles R. Vaughan that the President duly appreciates the prompt sugsjestiou made by him, as his Britannic Majesty's minister, that a negotiation sliould be opened for the establishnieut of a conventional boundary between the two coun- tries, which, while it respected, as far as i)racticable, their existing preten- sions, should secure the best interests of each. Possessing full power over the subject, his Majesty's Government mi"'!!! very properly consult what was due to its uniform professions ; and Sir Charles R. Vanghan may assure his Government that, if the President had like powers, he would have met the suggestion in as favorable a spirit as that by which it was prompted. His limited power has been heretofore stated; and the reasons why, under the peculiar structure of our poUtical system, the Federal Government cannot alienate any portion of the territory of a State without its consent, have been given at large ta Sir Charles R. Vaughan, as well as the reasons why, under existing cir- cumstances, and while a hope remains of arriving at a settlement of the question as oriijinally presented under the treaty, there is but little pros- pect that the State of Maine would agree to the establishment of a new line. Thus restricted in the exercise of his discretion, and embarrassed by the dilliculties arising from the failure of anterior efforts, the President has, nevertheless, given his constant attention to the subject, in the hope of still being able to find some mode by which the protracted controversy may be terminated satisfactorily. The snbmission of the whole subject, or any part of it, to a new arbi- trator, promised too little to attract the favorable consideration of either party. The desired adjustment was, therefore, to be sought for in the ap- plication to the controverted question of some new principle not heretofore acted upon, and the consequent prosecution of investigations hitherto un- attempted, because regarded as irrelevant and inapplicable. He thought (and with respectful deference to the apprehension of his Majesty's Govern- ment, he still thinks) that, with the hearty co-operation of his Majesty's Government, the object which is so desirable to all parties — a Hiir and equitable settlement of tlie boundary in dispute, according to the treaty of 1783, by a faithful prosecution of the plan which has been submitted, by his directions, to the consideration of his Majesty's Government — is at- tainable. JJy the treaty of 1783, the boundary between the dominions of the two Governments was to be a line drawn from the source of the St. Croix, di- rectly north, to the highlands which divide the rivers which fall into the Atlantic ocean from those which fall into the river St. Lawrence, (the point at which the due north line was to cut the highlands was also desig- nated as the northwest angle of the Province of Nova Scotia ;) thence, along the said highlands, to the north westernmost head of the Connecticut river. Th(^ ascertainment of the true northwest angle of Nova Scotia, or the desi'Miati«jn of the liighlands referred to, has been the principal difficulty by which the sctiliMiKMit of the boundary has been so long retarded ; and it was the supposed impracticability of satisfactorily accomj)lishing that ascertainment or designation which prevented the adjustment by the ar- bitrator. The United States have always contended th it the point to which they have uniformly claimed is upon certain highlands north of th.> river St. John, which answers, in every respect, the description given [ SiHiite Doc. No. 414. ] 2U in the treaty, and is the true northwest angle of Nova Scotia ; a claim which is not intended to be abandoned or weakened by anything the President has authorized to be proposed or said upon the subject. If the highlands now referred to do, in truth, answer this description, no doubt could be reasonably entertained of the justice of our claim, as there would be a perfect concurrence in the course prescribed and the natural object designated by the treaty; but, on the part of Great Britain, it has been strenuously contended that no highlands, answering the description in the treaty, could be found northward of the river St. John, npon a line run- ning directly north ; and it has therefore been insisted that the due north line shall be deemed to terminate to the southward of that river, and at a place called Mars Hill. The President is advised that it is a rule in practical surveying which prevailed in this country before the Revolution, and has since been, and still is, considered obligatory, that when there is found in the location of the premises described in a deed, or any other instrument, a disagreement in the course of a given line, and the bearing of a natural object called for as its termination, the given course must be made to yield to the given object, and the line closed at the object, in a direction correspond- ing, as nearly as practicable, to the course prescribed, upon the princi- ple that the natural object furnishes evidence of the true intention of the parties, which may be relied upon with more safety than the course, errors in which constantly occur, from the imperfection of the instruments used, or the want of knowledge of those in whose hands they may have been placed. He has thought that this rule might be rightfully and prop- erly applied to the matter now in controversy, and is willing to agree that if, upon a thorough examination, it shall appear to those appointed by the parties to make it, that his Majesty's Government is correct in its assumption that the highlands hitherto claimed by the United States as those designated by the treaty do not answer that description, but that those highlands are to be found to the west of the due north line, that the boundary line should be closed according to the established rule in practical surveying. Whether there are highlands to be found in a north- westerly course from the source of the St. Croix, answering better to the description given in the treaty of 1783 than those heretofore claimed by the United States, and so clearly identified as to remove all reasonable doubt, remains to be ascertained. No inquiry into this fact, with a view to apply it to the respective and conflicting pretensions of the parties, has hitherto been made. It was under these circumstances, and with such impressions, that Mr. Livingston was authorized to propose to Sir Charles R. Vaughan, for the consideration of his Government, that a new com- mission should be appointed, consis^'-ig of an equal number of commis- sioners, with an umpire selected by some friendly sovereign from among the most skilful men in Europe, to decide on all points in which they might disagree ; or a commission entirely composed of scientific Eu- ropeans, selected by a friendly sovereign, to be attended in the survey and examination of the country by agents appointed by the parties. The adoption of this course would, it was urged, have the benefit of strict im- partiality in the commissioners' local knowledge and high professional skill, which, though heretofore separately called into action, have never before been combined for the solution of the question. 17 212 I Senate Doc. No. Ul. J In consequence olawish expressed by Sir Charles R. Vaughan to be more fully advised of the views ol' the President upon the subject of ihis pioposition, he was furnished ^\ith a diagiam, by which the manner in which it was intended the line should be run, in the event highlands weie liijcoN eieu better answering liie desci iption of the treaty than those claimed by the United States, was pointed cut distinctly ; while, to relieve Lis M;ije.''ty's (Government from :ill ajiprchension ofamoie extended claim 1)1 toriitory on our part. Mi. Livingston was authorized to disclaim, and did disclaim, all pretensions on the part of the United States to the lerritory east ot the line which had been previously run directly north Oom the source of the St. Croix. Actuated by that sincere desire to ef- fect in tome proper way the settlement of the boundary in question, by which he had been governed, Mr. McLane was subsequently authorized by the President to propose to Sir Charles R. Vaughan, for the consider- ation of his Majesty's Government, that, if the proposition made by Mr. Livingston for the adjustment of one of the three points of difference was accepted, the United States would, on their part, consent to adopt the place designated by Great Britain as the northwesternmost head of Con- Becticut river ; and would, also, as to the remaining point, the line from Connecticut river to the St. Lawrence, adopt that wliich was run by Val- entine and Collins, which, it was believed, would not be unacceptable to Great Britain. The undersigned does not learn from the conimunication of Sir Charles R. Vaughan that the justice and reasonableness of the rule of practical iur\ eying, offeied as the basis of Mr. Livingston's proj)osition, is now disputed, although not considered by his Miijcsly's Government so gener- ally established and lecognised as was supposed by the predecessor of ihe undersigned. If it should become material to do so, which is not from the present aspect of the question to be anticipated, the undersigned would find no difficulty either in fortifying the ground occupied by his Government in this regaid, or in satisfying Sir Charles R. Vaughan that the instance of a supposed departure from the rule, brought into notice by his Britannic Majesty's Governnjent, is not at variance with the asseition of JNlr. Liv- ingston, lepeated by Mr. McLane. F^or the present, therefore, he limits himself to this single remark — that the line of demarcation between the United States and the possessions of Great Britain, referred to by Sir Chailes R. Vaughan, was not established as the true boundary prescribed Ly the treaty of 1783, but was a conventional substitute for it of a parallel of latitude, the icsult of a new negotiation, controlled by other consider- ations than those which were to be drawn from that instrument only. Under these circumstances, it is with unfeigned regret the President learns the decision of his Majesty's Government not to agree to the proposition made in that s|)irit of accommodation by which the United States ha\ e throughout been inlluenced, without a jirecedent com[)liaiu'c on their part with inadmissible conditions, 'ihcse conditions were first brought to the consideration of the Goveiiimcnt of the United States by Sir Charles R. V'aughan's letter to Mr. McLane of the lOlh of February, 1834, in which it was stated that, as the arbiter, in the course of his reasoning on the main i)oint, had expressed his opinion upon several sub- •rdinatc (juestions having a direct bearing thereon, these opinions, re- [ Senate Doc. No. 414. J 213 garded by his Majesty's Government as decisions, ought to be acquiesced in by the parties before any steps were taken to carry the President's proposition into effect. These opinions, as stated by Sir Charles R. Vaughan, were found to be seven in number, embracing substantially every suggestion of the difficulties the arbitrator had found and express- ed in yielding his assent to the American location of tiie disputed line. Sir Charles R. Vaughan has already been put in possession of the Presi- dent's views upon this proj)osal of his Majesty's Government. The President sincerely believes that the new process of investigation j)ro- posed by him might, under the control of the principle of practical sur- veying developed, lead to a settlement of this agitating question, which, as it would be legally and fairly made according to a long-established and well-known rule, prevalent eijually among the citizens of the United States and the subjects of his Britannic Majesty, ought to be, and he confidently trusted would be, satisfactory to all parties. Under this con- viction, and being moreover most solicitous that no means by which so desirable an object might be facilitated should be left untried, he con- sulted alike his inclination and his duty, by making the proposal in ques- tion. If his Majesty's Government are so firm in the belief that a satis- factory settlement of the disputed line of boundary, according to the treaty of 1783, is so clearly impracticable as to render all future efforts to that end unavailing, and had, on that account, declined the offer made by the President, he might not have had cause to complain. But it ap- peared to him to be exceedingly unreasonable that he should be asked to adopt, in the prosecution of a proposed plan for the ascertainment of the true boundary as prescribed by the treaty, those suggestions and opinions of the arbiter, by which alone he had brought his mind to the extraordi- nary conclusion that the boundaries prescribed could not be located ; more especially so, when the President sincerely dissented from the correct- ness of those opinions; and when, in addition thereto, the admission of some of them might, as understood by and following the previous pre- tensions of his Majesty's Government, establish as the true boundary of the treaty of 1783 the line claimed by Great Britain, yet declared by the arbiter himself, the adoption of whose opinions was thus asked, to be towards the United States unjust and inequitable, and not comporting with the obligations and intentions of the parties to that instrument. Sir Charles R. Vaughan was informed by Mr. McLane of the reasons upon which this opinion of the President was founded, and his Majesty's Government invoked not to persist in requiring conditions to which the President could not assent. The President is pleased to find that the frank and conciliatory spirit in which this was done has been duly ap- preciated by his Majesty's Government, and sincerely regrets that they were not also found to possess sufficient force and justice to induce it to withdraw entirely the objectionable conditions. Such, he is concerned to find, has not been the case ; but that, on the contrary, while it has pleased his Majesty's Government to waive, for the present, six of the seven opinions referred to, the remaining one, among the most important of them all, is still insisted upon. The President does not think it ne- cessary to direct anything to be added to the reasons which have been urged by Mr. McLane in support of the objections of a general character to the course which his Majesty's Government think it justifiable to pur- 211 [ Senate Doc. No. 414. J sue in this respect, and the undersigned, therefore, only requests a care- ful reconsideration of them. In respect to the specific condition still per- sisted in — viz : that the St. John's and Hi^titiouche should be treated by the proposed commission as not being Atlantic livers, according to the meaning of those terms in the treaty — the undersigned submits a few brief remarks. Whether these rivers were or were not to be so regard- ed was a point most laboriously argued between the two Governments, but without success, as far as it respected the opinions of eitlier. Sir Charles R. Vaughan, in his communication to which this is a reply, has reasserted some of the positions of fact, and re-enforced some of the rea- sons then asserted and urged by his Government ; but the undersigned is not apprized of anything new, either of fact or argument, that has now, fertile first time, been brought forward. The inutility of renewing the discussion on this point is so obvious, that the uudersigned deems it ne- cessary merely to suggest that, however convincing and satisfactory the argument of the British Government to itself, it has been ever considered by the United States as altogether inconclusive, and the contrary position as most fully sustained by the arguments and facts heretofore adduced on their part in the discussion between the two Goveinments of the sub- ject. That part of the communication of Sir Charles K. Vaughan, how- ever, which seeks to strengthen the ground heretofore taken on this point by his Government, by calling to its aid the supposed confirmation by the arbiter, jequires a more particular notice. In Sir Charles R. Vaughan's note of the 10th of February, 1834, the arbiter is represented to have declared that " rivers falling into the bay of Chaleurs and the bay of Fun- dy cannot be considered, according to the meaning of the treaty, as rivers falling into the Atlantic ; and especially that tlie rivers St. John and Ristigouche cannot be looked upon as answering tlic latter description ;" and, in Sir Charles R. Vaughan's last communication, the fact of such an opinion having been declared is taken lor granted. Without stopping to question the effect of such a declaration upon the rights of the parties, as it has been rendered unnecessary by what has heretofore been said, the undersigned feels himself fully warranted in questioning that any such opinion has been given by the respected arbiter. In regard to the first and most material point in controversy — where is the spot designated in the treaty as the northwest angle of Nova Scotia, and wheie the highlands dividing the rivers that empty themselves into the river St. Lawrence from those falling into the Atlantic ocean, along which highlands is to be drawn the line of boundary from that angle to the noi thwesternmost head of the Connecticut river.''- the ai biter con- sidered "that the nature of the dilference, and the vague and not suffi- ciently determinate stij)ulations of the treaty of 1783, do not permit to adjudge eiilicr of the lines to one of the said j)aitics, Avilhout wounding the piinciples of law and ecjuity with regard to the other." It is indeed true that, in support of this view of the subject, it was observed by the ai biter, " that if, in contradistinction to the rivers that empty themselves into the river St. Lawience, it had been proper, agreeably to the lan- guage ordinarily used in geography, to comprehend the rivers (ailing into the bays Fundy and des Chaleurs with those emptying themselves direct- ly into ihe Atlantic ocean, in the generical denomination of rivers falling into the Atlantic ocean, it would be hazardous to include into the spe- [ Senate Doc. No. 414. J 2 15 cies belonging to that class the rivers St. John and Ristigouche, which the line claimed at the north of the river St. John divides immediately from rivers emptying themselves into the river St. Lawrence, not with other rivers falling into the Atlantic ocean, hut alone ; and thus to apply, in interpreting the limitation established by the treaty, where each word must have a meaning, to two exclusively special cases, and where no mention is made of the genus, (genre J a generical expression which would ascribe to them a broader meaning," &c. It cannot but appear, from further reflection, to Sir Charles R. Vaughan, that this declaration, that the rivers St. John and Ristigouche could not be a/one taken into view, without hazard, in determining the disputed boundary, is not the expression of an opinion that they should be altogether excluded in determining that question ; or, in other words, that the opinion of the arbitrator is, that the St. John and Ristigouche cannot be looked upon as rivers emptying into the Atlantic. The undersigned has examined the award in vain, to discover any other declaration of the arbiter, from which support could be derived for the assumption under consideration, and he finds nothing to sustain it in the general conclusions which the arbitrator allowed himself to reach. On the contrary, he insists that, independently of the strong inference to be drawn from the whole tenor of the award, that it was not his intention to express the opinion imputed to him. 1'he arbiter has, in terms, pro- tected himself, as well as the United States, against such an assumption, by the following explicit declaration, almost immediately succeeding that which can only be relied on to support^the opposite conclusion : " And, on the other hand, that it cannot be sufficiently explained how, if the high contracting parties intended, in 1783, to establish the boundary at the south of the river St. John, that river, to which the territory in dispute is, in a great measure, indebted for its distinctive character, has been neutralized and set aside." Entertaining these views, the President has made it the duty of the undersigned to apprize Sir Charles R. Vaughan that he cannot agree to clog the submission with the condition proposed by his Majesty's Gov- ernment. A thorough and most careful re-examination of the subject, in all its relations, has but served to confirm his previous impressions that a just regard for the rights of the parties, and a proper consideration of his own duty, required that the new submission, if made, should be made without restriction or qualification upon the discretion of the commission- ers, other than such as result from established facts and the just interpre- tation of the treaty of 1783, and such as have been heretofore, and are hereby now again, tendered by him to his Britannic Majesty's Govern- ment. He despairs of obtaining a better constituted tribunal than the one proposed. He sees nothing unfit or improper in submitting the question as to the character in which the St. John's and Ristigouche are to be regarded, to the decision of impartial commissioners ; the parties have heretofore thought it proper so to submit it, and it by no means follows that, because commissioners chosen by the parties themselves, without an umpire, have not been able to come to an agreement in respect to it, that the same unfortunate result would attend efforts of commissioners differently selected. The President is not at present advised of any other proposition that 216 f ScnateDoc. No. 414. j it is in his power to make, iu furtherance ol that object, which is alone uithin his constitutional competency — the settlement of the boundary ac- cording to t!ie treaty of 1783. The undersigned is, however, instructed to say that lie will be most happy to receive any such proposition as his Britannic Majesty's Government may think it expedient to make, and ■will not fail to consider it in a just and conciliatory spirit. He has also been authorized by the President to confer with Sir Charles R. Vaughan, whenever it may suit his convenience, and comport with the instructions of his Government, as well in respect to any suggestion which he may have to make upon the subject of the treaty boundary, as to any propo- sition his Majesty's Government may be disposed to offer for a conven- tional substitute for it. The undersigned deems it, however, requir(id by frankness to say to Sir Charles R. Vaughan, that, as the President does not possess the power to establish a conventional boundary, without the assent of the State of Maine, it will be greatly conducive to the preservation of that harmony between the two countries both are so desirous to cherish, and is so liable to be impaired by unavailing nego- tiation, that whatever proposition his Majesty's Government may feel disj)osed to make should, before its submission to the authorities of that State, receive a form sufficiently definite to enable the President to take their sense upon it without embarrassment, and with the least pos- sible delay. The undersigned avails himself of the occasion to renew to Sir Charles R. Vaughan the assurance of his great consideration. JOHN FORSYTH. Right Hon. Sir Charles R. Vaughan, &c. Sir Charles R. Vaughan to Mr. Forsyth. Washington, May 4, 1S35. The undersigned, his Britannic Majesty's envoy extraordinary and minister plenipotentiary, has the honor to acknowledge the receipt of the note of the Secretaiy of State of the United States, in answer to the observations which he presented, according to the instructions of his Majesty's Government, respecting the proposal of the Picsident of the United States to endeavor to settle the boundary by establishing a new commission of survey. It is with great regret that (he undersigned linds that a condition which his Majcsly's Government stated to be an essential preliminary to the adoption of the proposal of the President, is declared to be inadmissible by the Government of the United States. The Secretary of State, in his note, not only questions, but positively denies, (hat the view taken by his Majesty's Government of that point in the (!i^pu(e which resjiccts the rivers which are to be considered as fall- ing directly ifito the A(lan(ic, has received any confirmation, as alleged in the note of the undersigned, from the terms of the award of the arbiter. Without attempting to give a clear exposition of the meaning of that j)assage in the award where it is stated that it would be hazardous to 1 Soiiatc Doc. No. 414. ] 247 comprehend the rivets Ristigouche and St. John in those which fall diiectly into the Atlantic ocean, the very passage cited by xMr. I'orsyth in his noto Ibims a pai t of the reasoning of the arbiter, founded on the words of the treaty, against admitting the American line north of the St. John, because that river and the Uistigouche, wliich that noitli line sepa- rates from rivers emptying themselves into the St. Lawrence, are not to be considered as the rivers of the treaty which fall into the Atlantic ocean. The undersigned, therefore, appeals with confidence to the tenor of the language of the award, to justify the inference which has been drawn from it by his Majesty's Government. The acquiescence of the Government of the United States in that which was understood to be the opinion of the arbiter, was invited bj his Majesty's (government, because the new commission could not enter upon their survey of the disputed territory in search of the highlands, to be distinguished by the se()aration of rivers, without a previous agree- ment between the respective Governments what rivers ought to be con- sidered as rivers falling into the Atlantic. Mr. Forsyth observes that the new submission should be left to the discretion of the commissioners, without lestriction ; but it appears to the undersigned that, if the character in which the rivers Ristigouche and St. John are to be regarded, is a question to be submitted to them, the proposal of the President would assume the character of a renewed arbitration, which, as Mr. Forsyth observes, "promises too little to at- tract the favorable consideration of either party." While his Majesty's Government has been disposed to maintain the validity of the decisions of the arbiter on subordinate points, their men- tion has not been exclusively confined to those decided in favor of Brit- ish claims. An attentive consideration of (he whole of the decisions in the award will show that they are nearly balanced in favor of either party ; while the general result of the arbitration, to which his Majesty's Government expressed a willingness to adhere, was so manifestly in fa- vor of the United States, that to them were assigned three-fifths of the territory in dispute, and Rouse's Point, in Lake Champlain,to which the American Government had voluntarily resigned all claim. The undersigned begs leave to offer some explanation of the sugges- tion which he ventured to make without instructions from his Govern- ment, which is alluded to in the note of the Secretary of State. In a note addressed to Mr. McLane, and dated the 31st May, 1833, the un- dersigned, being convinced of the insuperable ditficulties in the way of tracing the line of the treaty, notwithstanding the proposal of the Presi- dent to deviate from the due north line from the St. Croix river, in search of the highlands, ventured to observe that the question of bound- ary could only be set at rest by the abandonment of the defective de- scription of it in the treaty, and by the Governments mutually agreeing upon a conventional line more convenient to both parties than either of the lines insisted upon by the commissioners under the treaty o> Ghent, or the line recommended by the King of the Netherlands. The answer to that suggestion, in a note dated the olh June, 1833, from Mr. McLane, was, that it would rather add to than obviate the constitutional difficul- ties, already insuperable. The undersigned acknowledges, with great satisfaction, the assurance 248 I Senate Doc. No. 4 11 J which he hai> now received, that, il the I'resident possessed the same full power as his Majesty's (iovernincnt over the question of boundary, so long in discussion, he would have met the suggestion in as favorable a spirit as that by which it was prompted. His Majesty's Government must acknowledge, and will duly appreciate, the friendly spirit and the unwearied endeavors of the President to remove the only ditficulty which remains in the relations with the United States; and it is to be lamented that the two Governments cannot coincide in the opinion that the object is attainable by the last proposal of the President, as it is in his power to offer, in alleviation of the hopeless task of tracing the line of the treaty to which the Senate has advised, that any further negotiation with the British Ciovernmcnt should be restricted. The undersigned will transmit, without delay, to his Majesty's Gov- ernment, a copy of the note which he has had the honor to receive from the Secretary of State of the United States, and he is ready to meet the wishes of the President, and to confer with the Secretary of State, when- ever it may be convenient to receive him. As to any proposition which it may be the wish of the Government of the United States to receive from his Majesty's Government, respecting a conventional substitute for the line of the treaty of 1783, the constant allusion, in the correspondence which has taken place, to constitutional difficulties in the way of the Executive treating for any other line than one conformable w ith that of the treaty, until the consent of the State of Maine is obtained, seems to point out the necessity, in the first instance, of attaining that object, which must be undertaken, exclusively, by the General Government of the United States. As to other ditliculties which present themselves to the undersigned, they will, more properly, form the subject of a conference with the Secretary of State. The undersigned has the honor to renew to Mr. Forsyth the assurance of his most distinguished consideration. CHARLES R. VAUGHAN. [Ion. John Forsyth, &c. Mr. Bankhead to Mi-. Forsyth. Washington, December 28, 1835. The undersigned, his Britannic Majesty's charge d'affaires, has the honor to acquaint Mr. Forsyth, the Secretary of State of the United States, that his Majesty's Government have taken into their most delib- erate consideration the note presented by Mr. Forsyth to Sir Charles Vaughan, on the 2Sih of April last, upon the boundary question ; and the undersigned has been instructed to make the following communication to Mr. ForsUh, in reply: His Majesty's Government have observed with the greatest pleasure, during the whole of the communications which of late have taken place on this question, the friendly and conciliatory spirit which has been man- ifested by the President of the United States; and they are themselves equally animated by the sincerost desire to settle this matter by an ar- rangement just and hoDOiabh' for both parties. f Senate Doc. No. 414. J 2 49 His Majesty's Governn)ent arc fully convinced that, if the repeated attempts which they have made to come to an understanding on this sub- ject wi'h the Government of the United States have not been attended with success, the failuic of their endeavors has been owing to no want of a corresponding disposition on the part of the President, but has arisen from difficulties on his side over which he has had no control. His Majesty's Government, however, do not the less lament that the ad- vances which they have made have been fiuitless; but with their regret is mingled the satisfactory consciousness which they feel, that, in making those advances, they have gone to the utmost extent to which a due re- gard to the honor and interests of the British Crown could permit them to go. The time seems, however, now to be arrived, when it has become expedient to take a review of the position in which the discussion be- tween the two Governments stands; and, by separating those plans of arrangement which have failed from those which are yet susceptible of being adopted, to disencumber their future communications of all useless matter, and to confine them to such suggestions only as may by possi- bility lead to a practical result. And, first, with regard to the award of the King of the Netherlands. The two Governments had agreed to refer to that sovereign, as arbiter, the decision of three points of difference, and they pledged themselves beforehand to abide by the decision which he might pronounce. The King of the Netherlands decided, absolutely, two points out of the three ; and with respect to the third, while he declared that an absolute decision of that point was impossible, he recommended to the two parties a com- promise . His Majesty's Government, on receiving the award of the King of the Netherlands, announced, without any hesitation, their willingness to abide by that award, if it should be equally accepted by the United States. His Majesty's Government were, of course, fully aware that this award was not an absolute decision on all the three points submitted to refer- ence ; they were also quite sensible that, in some important matters, this award was less favorable to Great Britain than it was to the United States; but the wish of his Majesty's Government for a prompt and ami- cable settlement of this question outweighed the objections to which the award was liable, and, for the sake of obtaining such a settlement, they determined to accept the award. But their expectations were not realized. The Senate of the United States refused, in July, 1832, to subscribe to the award ; and during the three years which have elapsed since that time, although the Biitish Government has more than once declared that it was still ready to abide by its offer to accept the aw^ard, the Government of the United States has as often replied that, on its i)art, that award could not be agreed to. The British Government must now, in its turn, declare that it considers itself, by this refusal of the United States, fully and entirely released from the conditional offer which it had made ; and the undersigned is in- structed distinctly to announce to the President that the British Govern- ment withdraws its consent to accept the territorial compromise recom- mended by the King of the Netherlands. 2fi0 f Senate Doc. No. 414. ] The award being thus disposed of, the next matter to be considered is, the proposal of the President of the United States that a new survey of the disputed territory should be made by commissioners, to be named in one of the two ways suggested by him; and that these commissioners shouKl endeavor, by exploring the country, to trace a boundary line that shoeld be conformable with the treaty of 1783. With this view, the President suggests that, whereas the landmark to be looked for consists of certain highlands described in tiwi treaty, the commissioners should be authorized to search for those highlands in a northwesterly direction from the head of the St. Croix river, if no such highlands should be found in the due north line from that point. To this, his Majesty's Government replied, that, before an exploring commission could be sent out in search of these highlands, it would be necessaiy that the two Governments, and by consequence their respect- ive commissioners, should be agieed as to the definition by which any given hills were to be identified as being the highlands intended by the treaty. That, according to the words of the treaty, these highlands were to be known by the circumstance of their dividing riveis flowing into the St. Lawrence from rivers flowing into the Atlantic ; that, with regard to rivers flowing into the St. Lawrence, no doubt could possibly exist as to which those rivers were, but with regard to rivers flowing into the At- lantic ocean, a question has been mooted as to them, and this question is, whether the bay of Fundy should, for the purpose of the treaty, be considered as part of the Atlantic, and whether rivers flowing into that bay should be deemed to be Atlantic rivers. His Majesty's Government stated the reasons which, in their opinion, render it clear and certain that the treaty of 1783 established a distinc- tion between the bay of Fundy and the Atlantic ocean; and, therefore, excludes from the class of Atlantic rivers, rivers which discharge them- selves into that bay. His Majesty's Government further quoted, in confirmation of this opin- ion, the decision which, as they contend, the King of the Netherlands incidentally gave upon this question in the course of his award ; and they expressed their hope that the Government of the United States would be prepared to agree with them, and with the King of the Nether- lands, on this particular point. It appears, however, l)y Mr. Forsyth's note of the 28tli Apiil, that this hope has been disappointed, and that the President finds himself unable to admit the distinction drawn on this point between the bay ol Fundy and the Atlantic ocean. Under these circumstances, his Majesty's Government cannot see how any useful lesult could arise out of the proposed survey ; and it appears to them, on the contrary, that if such survey did not furnish fresh subjects of dilference between the two (Jovernments, it could at best only bring the subject back to the same point at which it now stands. For the commissioners would probably not proceed far in their survey without coming to some high ground to which this dilference of opinion on the river question would apply : the American commissioners would say that they had found the highlands of the treaty ; the Hrilish commis- sioners would declare that those were not the highlands which the treaty [ Senate Doc. No. 414. J 251 describes. What, under such circumstances, would the commissioners have to do? Would they, then^ come back to their respective Govern- ments for that decision on the river (jueslion which ought to have been made before they set out? or, failing to come to an agreement among themselves as to the character of the higli ground thus met with, would they then at once, and without further reference to their (iovernments, endeavor to find, in some other jdace, and some other direction, high- lands which both Governments might agree to accept, as separating rivers which flow into the St. Lawrence from rivers which, by the consent of both parties, flow into the Atlantic ocean ? If, indeed, the proposal of the President is to be understood as implying that ihis latter course of proceeding would be adopted, much of the difficulty attending the exe- cution of that proposal would be removed. The President, however, has suggested another way of getting over the embarrassment of the river question ; and to this plan his Majesty's Government regret that it is not in their power to assent. The Presi- dent suggests that the commission of survey should be empowered to de- cide this point of difference. But his Majesty's Government cannot admit that this point could properly be referred to such a commission. The river question is one which turns upon no local survey, and for the decision of which no further geographical or topographical information can be re- quired. It turns upon the interpretation to be put upon the words of the treaty of 1783, and upon the application of that interpretation to the ge- ographical facts already well known and ascertained : a commission of survey, therefore, has no peculiar competency to decide such a question. But, to refer that question to any authority, would be to submit it to a fresh arbitration ; and if his Majesty's Government were prepared to agree to a fresh arbitration, which is by no means the case, such arbitra- tion ought necessarily to include all the points in dispute between the two Governments, and not to be confined to one particular point alone. With respect, then, to the President's proposal for a commission of ex- ploration and survey, his Majesty's Government could only agree to such a commission, provided there were a previous understanding between the two Governments, that although neither should be required to give up its own interpretation of the river question, yet as the commission of survey would be intended for purposes of conciliation, and with a view of put- ting an end to discussion on controverted points, the commissioners should be instructed to search for highlands upon the character of which no doubt could exist on either side. But, if this modification of the President's proposal should not prove acceptable to the Government of the United States, the only remaining way of arriving at an adjustment of the difference would be to abandon altogether the attempt to draw a line in conformity with the words of the treaty of 1783, and to fix upon a conventional line, to be drawn according to equitable princij)les, and with a view to the respective interests and convenience of the two parties. His Majesty's Government are perfectly ready to treat for such a line, and they conceive that the natural features of the disputed territory would afford peculiar facilities for drawing it. When a tract of country is claimed by each of two States, and each party is equally convinced of the justice of its own claims to the whole 252 r Senate Doc. No. 4i4. | of the disti ict ill question, the fairest way of settling the controversy would seem to be to divide, in equal portions, between the two claim- ants, the territory in dispute. Such a mode of arrangement appears to be consistent with the natural princi})lcs of equity. His Majesty's Government would, therefore, propose to that of the United States to ailjust the present diflfcrence, by dividing equally be- tween Great Britain and the United States the territory in dispute ; al- lotting to each party that portion which, from contiguity or other circum- stances, would be most desirable as a j)OSsession for each. The general outline of such a division would be, that the boundary be- tween the two States should be drawn (as required by the treaty) due north from the head of the St. Croix river, and should be carried straight on till it intersected the St. John's ; from thence it should run up the bed of the St. John's to the southernmost source of that river, and from that point it should be drawn to the head of the Connecticut river, in such manner as to make the northern and southern allotments of the divided territory as nearly as possible equal to each other in extent; the north- ern allotment to remain with Great Britain, the southern allotment to belong to the United States. The undersigned has the honor to renew to Mr. Forsyth the assurance of his most distinguished consideration. CHARLES BANKHEAD. Hon. John Forsyth, &c. Mr. Forsyth to Mr. Bankhead. Department of State, Washington, February 29, 1836. The undersigned, Secretaiy of State of the United States, has been instructed to reply to the note of Mr. Bankhead, his Britannic Majesty's charge d'affaires, of the 28th December last, on the subject of the north- eastern boundary of the United States. The President sees with great satisfaction the continued assurances of the British Government of its earnest desire speedily and justly to settle the matter in controversy by an arrangement honorable to both parties, and believes that his own con- ciliatory disposition will be best manifested by a direct attention to the points now presented by his Britannic Majesty's Government, with a view to some defmite understanding on the subject. The award of the arbitrator having been now abandoned by both par- ties to the arbitration, the whole sul)ject is open as if there never had been a submission of it. The President perceives in Mr. Bankhead's note no allusion to any portion of the line, except that beginning at the source of the St. Croix, and terminating at the head of tiie Connecticut river. Sup- posing that this omission to bring into view the residue of the boundary line between the United States and the dominions of his Britannic Ma- jesty has been the result of a conviction that the parties so far understood each other as to be satisfied that, on that i)art of the subject, a settlement could be made without difliculty or delay, whenever it was important to [ Senate Doc. No. 4M. J 253 them to make it, the President has instructed the undersigned to confine himself to the points touched by Mr. Uankhead's note, with this single suggestion, that events ot a very grave character have lately occurred, which impress upon his mind a conviction that an establishment ot" that part of the line as to which the parties aie neai ly of accord, had better be made at once, unless the eflbrts now making should promise an imme- diate adjustment of the whole controversy. The President finds, with great regret, that his Britannic Majesty's Government adheres to its objection to the appointment of a commis- sion, to be chosen in either of the modes proposed in former commu- nications on the part of the United States. This regret is heightened by the conviction that the proposition upon which it is founded, "that the river question," as it is called, " is a question of treaty construction only," although repeated on various occasions by Great Britain, is demonstra- bly untenable. Indeed, it is plausible only when material and most im- portant words of description in the treaty are omitted in quoting from that instrument. The treaty marks the two determining points of the line in dispute, the source of the St. Croix, and the northwest angle of Nova Scotia. Is it a question of treaty construction only, where the northwest angle of Nova Scotia is ? A survey of Nova Scotia, as known at the date of the treaty of peace, necessarily establishes that point. Where is it to be found, according to the public acts of Great Britain.^ Is it to be found on a line beginning on the westernmost bend of the bay des Chaleurs, and thence along the highlands dividing the waters falling into the St. Lawrence from the waters falling into the sea? Can his Majesty's Government expect the Government of the United States to consent, before the selection of commissioners of examination and sur- vey, and the appointment of an umpire to decide on the contingency of their disagreement, that the terminating point of the line running due north from the source of the St. Croix is^to be alone looked for on high- lands which cannot be reached from the westernmost bend of the bay des Chaleurs but by running directly across high mountains, deep val- leys, and the large rivers that flow through them ? Agreement between the United States and Great Britain on this point is impossible, while his IVIajesty's Government continues to maintain this position. The Presi- dent, therefore, as at present informed, is under the necessity of looking to the new and conventional line offered in Mr. Bankhead's note. That equity, in disputes about territory, when both parties are satisfied of the justice of their respective pretensions, requires a fair division of the dis- puted property, is a truth the President freely admits ; but the under- signed is instructed to remind Mr. Bankhead of what has been heretofore stated, that in a conventional line the wishes and interests of the State of Maine were to be consulted, and that the President cannot, in juslice to himself or to that State, make any proposition utterly irreconcileable with her previously well-known opinions on the subject. Ilis Majesty's Government will not have forgotten that the principle of compromise and equitable division was adopted by the King of the Netherlands in the line recommended by him to the parties ; a line rejected by the United States, because unjust to Maine : and yet the line proposed by the King of the Netherlands gave to Great Britain little more than two millions, while the proposition now made by his Britannic Majesty's Government 254 [ Senutc Doc. No. 41 1. ] secures to Great Britain, ol' the disputed land, more thin Tour millions of acres. The division oU'ercd by Mr. B;>nkhead's note is not in harnjony with the e(|uitable rule from which it is said to spring; and if it were in conformity witii it, could not he accepted without ilisrespect to the pre- vious decisions and just expectations of Maine. 'JMie President is far from supposing this proposition is founded upon a desiie of his Majesty's Government to acquire (erriloiy, or that the quantity of land secured to Great Britain in the proposed compronii^e was the leading motive to the ofler made. His Majesty's Government lias no doubt made the offer without regaid to the extent of the territory falling to the north or south of the St. John's, from a belief that a change in the character of the bound- ary line, substituting a river for a highland boundary, would be useful in preventing territorial disputes in future. Coinciding in this view of the subject, the President is nevertheless compelled to decline the boundary proposed, as inconsistent with the known wishes, rights, and decisions, of the State. With a view, however, to terminate at once all controversy, and satis- factorily, without regard to the extent of teriitory lost by one party or acquired by the other, to establish an unchangeable and definite and in- disputable boundary, the President will, if his Majesty's Government consents to it, apply to the State of Maine for its assent to make the river St. John's, from its source to its mouth, the boundary between Maine and his Britannic Majesty's dominions in that part of North America. The undersigned avails himself of this occasion to offer to Mr. Bank- head the assurances of his distinguished consideration. JOHN FORSYTH. Mr. Bankhead to Mr. Forsyth. Washington, March 4, 1836. The undersigned, his Britannic Majesty's charge d'affaires, has the honor to acknowledge '.he receipt of the note which Mr. Forsyth, the Secretary of State of the United States, addressed to him on the 29lh ultimo, upon tlie subject of the northeast boundary between his Majesty's North American possessions and the United States. The rejection, on the part ol the President, of the conventional line which the undersigned had the honor to propose in his note of the 28lh December, cannot but cause great regret to his Majesty's Government, inasmuch as it was jiroposed with a view to settle this protracted question of boundary, and as offer ing as fair and equal a division of the territory as they could possibly be required to subscribe to. The undersigned, however, thinks it right to refer Mr. Forsyth to that part of his note of the 28th December wherein the proposition of the J'resident for a commission of exploration and survey is fully discussed. It is there stated that his Majesty's (Jon erniuent could only agree to such a commission, jirovidcd there was a previous understanding between the two (Jovernmenls that, although neither should be re(piired to give up its own interpretation of" the ri\ er- (jucstiun " yet as the commission of sur- vey would be intended for purposes of conciliation, with a view to putting an end to discussions on controverted poi ts, the commissioners should [ Senate Doc. No. 414. | 255 be instructed to search for highlands upon the cliaractcr of which no doubt could exist on cither side. It appears to the undersigned that the Secretary of State, in his answer of the 29th ultimo, has not given this modification, on (he part of his Ma- jesty's Government, of the President's proposition, the full weight to which it was entitled. Indeed, it was offered with the view of meeting, as far as practicable, the wishes of the President, and of endeavoring, by such a piciiminary measure, to bring about a settlement of the boundary upon a basis satisfactoiy to both parties. With this view, the undersigned has the honor again to submit to the Secretary of State the modified proposal of his Majesty's Clovernment, bearing in mind that the commissioners who may be aj)()ointed are not to decide upon points of difference, but are merely to present to the re- spective Governments the lesult of their labors, which, it is hoped and believed, will pave the way for an ultimate settlement of the question. The undersigned considers it due to the conciliatory manner in which the President has acted throughout this discussion, to state frankly and clearly, that the proposition ofiered in Mr. Forsyth's note, to make the river St. John's, from its source to its mouth, the boundary between the United States and his Majesty's Province of New Brunswick, is one to whicli the British Government, he is convinced, will never agree ; and he abstained, in his note of the 28th of December, from any allusion to it, as the best proof he could give of its utter inadmissibility. The undersigned has the honor to renew to Mr. Forsyth the assurance of his most distinguished consideration. CHARLES BANKHEAD. The Hon. John Forsyth, &c. Mr. Forsyth to Mr. Bankhead. Department of State, Washington, March 5, 1836. The undersigned. Secretary of State of the United States, has the hon- or to acknowledge the receipt of the note of jMr. Bankhead, charge d'af- faires of his Britannic Majesty, dated the 4th instant, in answer to that addressed to him by the undersigned on the 29th ultimo, upon the sub- ject of the northeastern boundary between the United States and his Ma- jesty's possessions in North America. Mr. Bankhead's communication having been submitted to the consideration of the President, the under- signed is instructed to express the regret which is felt that his proposi- tion to make the river St. John's the boundary between the State of Maine and his Majesty's Province of New Brunswick, the acceptance of which, it is believed, would have removed a fruitful source of vexa- tious difficulties, will, in the opinion of Mr. Bankhead, be declined by his Majesty's Government. The Government of the United States can- not, however, relinquish the hope tiiat this proposal, when brought be- fore his Majesty's cabinet, and considered with the attention and deliber- ation dae to its merits, as well as to the important nature of the question 256 [ IFonsc Doc. No. 217. J wiili which it is connected, will be viewed in a more favorable light than that in which it appears to have presented itself to Mr. Bankhead. If, however, this expectation should be disappointed, and the river bound- ary be rejected, it will be necessary, before the President consents to the modification of his previous proposition for the appointment of a commis- sion of exploration and sur^•ey, to be informed more fully ol' the views of the British (jJovernment in oflering the modification, so that he may be enabled to judge how the report of the commission, (which, as now pro- posed to be constituted, is not to decide upon points of difference,) when it shall have been rendered, is likely to lead to an ultimate settlement of the question of boundary between the two Governments. The President also desires to be informed which of the modes proposed for the selection of commissioners is the one intended to be accepted, with the modifica- tion suggested by his Britannic Majesty's Government. Whenever Mr. Bankhead is fully instructed on these points, the undersigned is prepared, by the directions of the President, to make a definite reply, which will be dictated by a sincere desire on the part of the President to adopt any proposition that promises a speedy and satisfactory termination of this long-pending and perplexing controversy. The undersigned renews to Mr. Bankhead the assurance of his dis- tinguished consideration. JOHN FORSYTH. Charles Bankhead, Esq., &c. [House Doc. No. 217, 20th Congress, 1st session.] Message from the President of the United States, in reply to a resolu- tion of the House of Representatives of the 25th ultimo, requesting copies of instructions given by the Government of the cunjcderation to its mitiisters, in relation to the settlement of boundaries with Great Britain, S^-c. To the House of Representatives of the United States: I transmit, herewith, a report from the Secretary of State, prepared in comitliauce witii a resohitioii of the House of Rcpre.seritatives of the 25th of February last, requesting copies of instructions and correspondence re- lating to the settlement of the boundary line of the United States, or of any one of them, under the Government of the conlcderated States, and by the definitive treaty of peace of 3d September, 1783, with Great Britain. JOHN QUINCY ADAMS. WAsrriNGTON, March 25, 1828. Department of State, JVashington, March 22, 1828. The Secretary of State, to whom had been rt'ferre,d a resolution of the Hou.se of Representatives of the 25!h of last n onth, requesting the Presi- dent "to send to that House copies of the instHi?tions given by the G6v- [ House Doc. No. 217. ] 257 ernment of the Confederated States to its niiiiistcrs, by whom the definitive treaty of peace was concluded willi lli(3 Governniont of Great Britain, so far as such instructions relate to the; settlement of the honndary line of the United States, or any one of them, and also tiie correspondence between said ministers with the ministers of Great Britain upon the same subject, or so much therefrom as will not be injurious to public service," has the honor to report to the President, that it does not appear from the research which has been made in this office, wliicli has been full and particular, that any instructions, other than those which are ])ublislied in the second and third volumes of the Secret Journals of Congress, were given to the ministers of the Confederated or United States, by whom the preliminary articles, or the definitive treaty of peace, were concluded with the Gov- ernment of Great Britain, in relation to the settlement of the boundary line of the United States, or any one of them; or that there was any cor- respondence, in writing, between said ministers and the ministers of Great Britain, upon the same subject. The Secretary begs leave, therefore, re- specfully to reler to the said two volimies of the Secret Journal, which were printed and published by authority of Congress, for the information recpiired by the resolution of the House, so far as they contain such infor- mation. Respectfully submitted. H. CLAY. [ House document No. 90 — 20th Congress, 2d session.] Message from the President of the United States, transmitting the in- formation required bj/ a resolution of the House of Representatives of the bth instant, in relation to the arrest and trial, in the British Prov- ince of New Brunswick, of John Baker, a citizen of the United States. Washington, January 21, 1829. To the House of Representatives of the United States : In compliance with two resolutions of the House of Representatives, ot the 5th Instant, requesting information received, not heretofore commu- nicated, in relation to the arrest and trial, in the British Province of New Brunswick, of John Baker, a citizen of the United States, and the cor- respondence between the Government of the United States and that ol Great Britain in relation to the said arrest, and to the usurpation of juris- diction by the British Government of New Brunswick within the limits of the State of Maine, I transmit a report from the Secretary of State, with the information and correspondence requested by the House. JOHN QUINCY ADAMS. 18 253 [ House Doc. No. 90. ] Dkpartment of State, January 20, \S29. h\ puisuaiice of resolutions of ihe llonsc of Representatives, of the 5lh instant, requesting the {'resident " to coiiHuunicate, so far as he may deem it consistent with the public interest, all the information received, not heretofore conimunipated, in relation to the seizure of John Baker, a citizen of the United States, within the limits of the State of Maine, by persons acting under color of aulhoiity from the Province of New Brunswick, and transporting said Bakei beyond the limits of the United States, and iheie imprisoning, trying, and punishing him, for an alleged offence against the British Government, committed within the limits and jurisdiction of the United States and the State of Maine ;" and also "all the correspondence that has passed between the Government of the United States and that of Great Britain in relation to the aforesaid ar- rest, and to the jurisdiction usurped by the authorities of the British Province of New Brunswick, or of the British .Government, over any portion of the territory within the jurisdiction of the United States, and within the limits of the now State of Maine, as defined by the treaty of peace of 1783," the Secretary of State has the honor to submit to the President tlie docun;ents embraced in the subjoined list, which contain the information and coricspondcnce requested by the resolutions. Respectfully submitted. H. CLAY. The Pkesidekt of the United States. List of Papers. Mr. Clay to Mr. Addington, 27th March, 1825, with G enclosures. Mr. Addington to Mr. Clay, 30th xMarch, 1825. Mr. Addington to Mr. Clay, 23d May, 1S25. Mr. Vaughan to Mr. Clay, 15th November, 1825, 3 enclosures. Mr. Clay to Mr. Vaughan, 25th November, 1825. Mr. Vaughan to Mr. Clay, 2d December, 1825, 3 enclosures. Mr. Clay to Mr. Vaughan, 18th January, 1826, 3 enclosures. Mr. Clay to Mr. Vaughan, 23d June, 1826, 2 enclosures. Mr. Vaughan to Mr. Clay, 10th January, 1827. Mr. Clay to Mr. \'aughan, l&th January, 1827. Mr. Clay to Mr. Vaughan, Mih September, 1827, 1 enclosure. Mr. Vaughan to Mr. Clay, 17lh September, 1827, 2 enclosures. Mr. Clay to Mr. N'aughan, 19th September, 1827. Mr. Vaughan to Mr. Clay, 26th October, 1827, 1 enclosure. Mr. Clay to Mr. N'aughan, 17th November, 1827, 3 enclosures. Mr. Vaughan to Mr. Clay, 21st November, 1827, 6 enclosures. Mr. Vaughan to Mr. Clay, 20th November, 1827. Mr. Clay to Mr. Vaughan, 20lh February, 1828. Mr. Vaughan to Mr. Clay, 20th February, 1828. Mr. Clay to Mr. Vaughan, I7lh March, 1828. Mr. Vaughan to Mr. Ch.y, 25th Maicli, 1828. Mr. Vaughan to Mr. Clay, lib June, 1*828, 2 enclosures. [ House Doc. No. 90. ] 259 Mr. Clay to Mr. Lawrence, .31st iSIarch, 1828. Mr. Lawrei.ce to Lonl Dudley, .5ih May, 1828. Mr. Lawrence to Mr. Clay, 2"Gth June, 1828. Lord Aberdeen to Mr. Lawrence, 14th iVugust, 1828. Mr. Lawrence to Lord Aberdeen, 22d Augijst, 1828. Governor Enoch Lincoln to Mr. Clay, 23d October, 1828, 1 enclosure. Mr. Clay to Governor Lincoln, Gth November, 1828. Mr. Clay to Mr. Addington. Depart^fent of State, Washinglon, March 27, 1825. Sir : I have the honor to transmit to you, herewith, a report made by a committee of the Senate of the State of Maine, on the 18th day of Janu- ary last, and extracts from certain letters, marked from No. 1 to 5, inclu- sive, relating to encroachments by British subjects upon the territory of the United States. These documents show that an extensive system of depredation has been adopted and perseverd in, under which large quantities of timber iiave been cut and removed from lands within the limits of the State of Maine, belonging to that State, and to the State of Massachusetts ; that the trespassers pretend to derive authority for their intrusions from licenses and permits which are said to have been granted by the Government of the Province of New Brunswick ; that the timber is transported down the St. John's, and subsequently exported to the dominions of his Britannic Majesty ; and that schemes have been proba- bly formed by the colonial authorities, if they are not now in a progress of execution, for granting the lands within the State of Maine to British subjects, for the purpose of occupation and settlement. It is entirely un- necessary to make any observation upon the character or impropriety of these proceedings, which must be altogether unauthorized by the Gov- ernment of Great Britain. I am instructed by the President lo demand that immediate and efficacious measures be adopted to put a stop to them all ; and to communicate to you his just expectation that a full indemnity and reparation be made to the States of Massachusetts and Maine, for the value of the timber which has been cut and removed from their lands. I pray you, sir, to accept the assurance of my distinguished consider- ation. H. CLAY. Henry U. Addington, Esq., &c. STATE OF MAINE. In Senate, January 18, 1825. The Committee on Public Lands, to whom was referred so much of the Governor's rae'^sage as relates to depredations committed upon the public lands, have had the same under consideration, and report : That, from the documents accompanying the message, and other sources of in- J60 [ House Doc. No. 90. ] formation, it is evident that very great quantities of timber, upon lands beloniiinsj; to this State and the Commonweahh of Massachusetts, and also upon lands granted by that (Commonwealth, near the line heretolore lecii'Miiscd as (lie dividing line between the United States and the Brit- i>h Province ot' New Brunswick, have been cut and carried down the liver of St. John's by British subjects, and thence transported to Great Britain. The principal scene of these depredations is u|)on the Aroostook and Aliulawaska, many miles within the territory and jurisdiction of this State, and I'm west of the line settled by the treaty of 1783, as claimed by the (utvevnment of the United States. These depredations are still continued upon a large scale ; and the value of the timber annually taken from our territory is so great as to render it the duty of the Government to adopt some etficient measures to obtain satisfaction for the past, and to prevent further destruction of its property. But what is more interesting to this State, and to the United States, than the value of the timber, is the adjustment and settlement of the boundary line between this State and the Province of New Brunswick, which is the appropriate business of the National Government to effect. The committee are well satisfied, although they have not legal evi- dence of the fact, that the persons who have taken the timber, and who arc now employed in cutting it within the line as claimed by this State and the United States, are persons furnished with permits and licenses from the Government of the Province of New Brunswick ; that it is the policy of that Government, availing itself of the controversy respect- ing our northeastern boundary, to strengthen their claim to the disputed territory, by allowing the timber thereon to be cut under its authority, and by' placing settlers upon portions of it, to whom that Government prolTor very liberal encouragement. When it is considered that, should the pretensions of the British Gov- ernment, in regard to our northeastern boundary, be acceded to, this State will lose a quarter or a third of its territory and jurisdiction, and all participation in the waters of the St. John's and its important branches, it behooves the State, as well as the Commonwealth of Massachusetts, to adopt the most efficient measures to prevent further encroachments upon this territory, and to urge upon the National Government the ne- cessity and impoitance of bringing to a speedy and favorable termination the negotiation on this interesting subject, which has been so long pro- tracted. The territory upon which most of the depredations have been and are committing, is situate from sixty to one hundred miles from any settle- ments by our citizens, and where legal process cannot be expected to produce' much effect, either to obtain satisfaction for the past, or to deter the dcj)redators from pursuing a business which proves piofitable to them, and satisfactory to their employers. To authorize the en)ployment of a mil- itarv force to exjiel the depredators from our territory would be unavail- ing, unless it be continued to prevent their return to the work of de- struction. The expense of adopting and carrying into effect such a meas- ure would not only be very great, but might involve the National Gov- ernment, and our citizens near the line, in serious difliculties ; and it is questionable whether it ought to be adopted without the concurrence of [ House Doc. No. 90. J 261 Massachusetts, and until the result of the pending negotiation shall I)e known. With these views of this important and highly interesting subject, your committee respectfully submit the accompanying resolve. JONAS PARLEN, Jr. Chairman. No. 1, Extract of a letter from Samuel Cook^ Esq. Assistant Land Agent, dated March 25, 1824. I have just returned from the Aroostook, where I found and seized about six hundred tons of timber, the settlers not feeling disposed to give their security for the same. On my way there, I met with George West, Esq., who informed me that he had been sent by the Governor of the Province of New Brunswick, up the Aroostook, and seized all the tim- ber, and that he should soon sell it at auction. He said that the British Government was going to give permits for timber to be cut up there this year, and intended to plant 150 settlers there, and grant them lands. He likewise informed me that he had been up to Madawaska, and seized about 2,500 tons of timber, and that his Government was going to give permits for cutting timber there. One thing is certain, and that is, they mean to get all the timber up the Aroostook, and up to Madawaska, un- less our Government take some measures to prevent it. No. 2. Copy of a letter from Asa Wyman^ Esq.., one of the Justices of the Court of Sessions, to the Governor of the State of Maine, received in October, \S24. I was at Madawaska, on the St. John's river, in July last, and learnt the course the Government of that Province are pursuing in regard to the inhabitants of that part of the settlement which falls into the United States, or State of Maine. They have organized them into a militia district, and are commanded by Colonel Peter Frazier, of Frederickton. The Government have also opened a land office, with officers authorized to give grants of lands that are fifty or sixty miles west of the original line. There are about three hundred lots taken up, for part of which sixty dollars have been paid for each grant, which amounts to the sum of eighteen thousand dollais. The Government also are giving permits for cutting timber on the same territory, and also on the Aroostook river. The amount cut the last season, I learnt from the best authority 1 could obtain, was about four or five thousand dollars. I also understood that a very large number of men and teams are now, and have been for three months past, employed in cutting timber on the waters of the St. John's, which are in the State of Maine. Being a citizen of the State, I have thought it my duty to give this information for your consideration. ASA WYMAN. To the Governor of the Slate of Maine. J62 [ House Doc. No. 90. ] No. 3. Co})\j of a letter from James Irish^ I'Jsq.^ General Land Agent for Maine^ to the Governor. Land Office, Portland, July 14, 1824. Sir : Informadoii lias been received iVoin our assistant land agents, on the St. John's, and on the Schoodic, that depredations have been com- mitted to a very considerable extent, by the British provincials, on the Aroostook and on the Madawaska; that a large quantity of timber was cut the last winter on tlie Aroostook, which was immediately seized, while in our territory, and conveyed to the British market, in the name of his Majesty; and that George West, F^sq., custom-house officer, had also been up to the Madawaska, and taken, in the name of his Majesty, a very large amount of timber. Said West informed Mr. Cook that it was the intention ol his Government to settle one hundred and ftfty families on the Aroostook this season. Mr. Cook further states, that, from his own knowledge, permits have been granted by the Government of the Province for about twenty-five thousand tons on the Aroostook, at the mouth of the Machias, for which fifty pounds had actually been paid to the British Government, exclusive of all office fees, and four pounds to the surveyor, 'i hey are also giving permits on the Mada- waska, and granting lands. Mr. Cook says, that it appears, from the conversation of some, that they did not expect to hold the territory, but are determined to destroy all the timber ; others pretend to believe they shall hold it, and are very abusive. Mr. Cook writes again, under a later date, and says, .Jeremiah Hilton has settled with the British Gov- ernment for his timber, and has gone to Frederickton with it. He has to pay two shillings per ron, and one shilling per ton, in addition, for cut- ting without a permit. All the rest have to pay the same. Peter Wat- son has got a permit for a large quantity up the Aroostook. Mr. Chand- ler corroborates the above statement, and expresses much anxiety ; and adds, if these things are permitted, it will discourage our good citizens^ and very much impede the progress of our settlements ; and in his opinion 1 most heartily concur. And may it please the Governor to interfere in behalf of his good people. I am, with great respect, sir, your devoted friend and humble servant, JAMES IRISH, Land Agent. Ai.RioN K. Parris, Governor of the State of Maine. No. 4. Extract of a letter fiom Anson G. Chandler^ Esq., Assistant Land Agent, to the General Land Agent, dated Calais, December 25, 1824. By Colonel Whitney, who leaves Calais for Portland on Tuesday, next, if nothing happens, I shall transmit to you my account and the re- port concerning this branch of the agency. [ House Doc. No. 9o. J 263 My principal object in addressing to you this letter is to mention the reports, which appear well founded, concernint;; the very great dep- redations which are making on the Aroostook by British subjects, under the authority of permits from the British Government. Boies, whom you saw here, though you may not recollect him, was at Frederickton three or four weeks since, and was told by Mr. Fitzgerald, I think, who moved his family to the Aroostook last September or October, that there would be on that river, this winter, at least one hundred six-ox teams. Further, he was told that the firm of Cruiekshank and Johnson, of St. John's, had furnished supplies for timber men, on the Aroostook, this winter, thirty thousand pounds' worth. Further, that he was in the surveyor general's office, and there were two men having permits made out for the same place. The depredations must be immense ; and, had not the subject been spoken of by you before, should feel myself obliged to repair to that place, though 1 confess that I know not what could be done to re- move them, against such a host at least. A more particular account might be had of them. As you had spo- ken of it, and left it in the manner it was, I, of course, deem it under your immediate control. But the land will be stripped; the Plymouth township and Eaton half, especially. No. 5. Copy of a letter to J. Chandler and J. Holmes^ Senators in Congressfrom Maine, from J. B. Quinby. Boston, December 4, 1824. Gentlemen : As the representatives in the Senate of the United States from the State of Maine, I beg to call your attention to some facts, interesting to you, your constituents, and the General Government. During the present year, I had occasion, at different times, to visit St. John's, in Nova Scotia. I found, to my great surprise, that one-half or more of all the timber shipped, during the present season, from that port to Europe, was cut and procured from American soil, according to the construction of our Government of the treaty of 1783, with Great Britain. A considerable portion of this timber is cut and brought to market by the lumber men, under licenses granted at St. John's, by order of the British Government. These licenses, I understood, not only extended to the cutting of timber, but in some measure to the right of soil, by which it was expected that the persons holding these grants would become iden- tified with the country in dispute between the two Governments, and give to Great Britain still stronger claims to the right of sovereignty. 1 also understood that the British Government, as an additional inducement to settlers to take out licences and locate themselves in the section of country in dispute, exempted, them, for a time, from taxes, and provided the a with implements for the woods, and some provisions and stores. I have taken measures to procure a statement of the above facts from gentlemen of St. John's, who are largely interested in the timber trade 264 [ House Doc. No. 90. ] of that place, with their opinion ol the amount annually shipped from St John's, ami what portion so shipped is the growth of the soil of the Uni ted States, according to our construction of the treaty of 17b3. As sooi as I receive answers to nty inquiries, I shall communicate the result U you, at Washington. I am, gentlemen, with great respect, your obedient servant, J. B. QUINBY. John Holmes, Esq., ^ OJ the Senate of the Gen. J. Chandler, ) U. S.^ Washington. Mr. Addington to Mr. Clay. Washington, March 30, 1825 Sir : I have had the honor to receive your letter of the 27th instant with its accompanying documents. I shall lose no time in transmitting copies of all these papers, both to his Majesty's Secretary of State, and t( the Governor of New Brunswick ; and I doubt not, that if, upon investi gation upon the part of Great J3ritain, the territory of the Uniied States and the rights of the States of Maine and Massachusetts, shall be founc to have been violated by British settlers, such measures will, without has itation, be taken by his Majesty's Government, as shall be equally satis factory to the President and the Government of the States aggrieved. I have the honor, sir, to renew to you the assurances of my distinguish ed consideration. H. U. ADDINGTON. Mr. Addington to Mr. Clay. Washington, May 23, 1825. Sir : In a letter which you did me the honor of addressing to me on the 27th of March, you preferred a complaint against certain subjects anc settlers of the Province of New Brunswick, for encroachments and dep redations committed by them on the States of Maine and Massachusetts in felling and carrying off timber within the boundaries of those States and in the enclosures which accompanied that letter, the districts ir which those acts were stated to have been perpetrated were specifically designated ; namely : that bordering on the Aroostook river, and that at Madawaska. The whole of these papers were immediately referred by me to the Governor of New Brunswick, and at the same time to his Majesty's Government. From the former, 1 have recently received a reply, containing certain expl.niations and lemarks upon those transactions, with the substance &t which I think it expedient that you should at once be made acquainted. With respect to that part of the complaint which regards encroachments stated to have been made by British subjects upon the acknowledged ter-i [ House Doc. No. 90. ] 265 ritery of the States above mentioned, Sir Howard Douglas assures me that the charge, as far as the Government of New Brunswick is concerned, is entirely groundless ; and that he shall not fail to use his best endeavors to put a stop to such practices, " in themselves so disgraceful, and so incon- sistent with (he duty and disposition which teach him to be vigilant in repressing such disorders, and maintaining that good understanding which so happily exists between the respective Governments and people of the two countries." With respect to the charge touching the Aroostook and Madawaska set- tlements, Sir Howard Douglas states that, on assuming the Government of New Brunswick, he found that licenses to cut timber, and other acts of sovereignty, had long been exercised, on the part of Great Britain, over certain tracts of land, in which the Aroostook and Madawaska were included, heretofore well understood to belong to New Brunswick, but subsequently claimed by the commissioners of the United States appoint- ed to negotiate with the British commissioners for adjusting the boundary line of the respective countries. To these claims, no disposition was ever shown, on the part of Great Britain, to accede. In fact, by reference to documents in the possession of the British Co- lonial Department, it appears that the settlement of Madawaska, in the province of New Brunswick, was made, under a grant from the Crown, upw ards of thirty years ago. So late as the year 1810, no claim had been advanced by the United States to that district, although the settlement had been established at that time upwards of twenty years, under a grant from the Government of New Brunswick, and had been constantly des- ignated " the Madawaska settlement." With regard to the timber cut by British subjects on the river Aroostook, the very circumstance of its having been seized by Mr. Por- ter, of the State of Maine, proves that the inhabitants of that State con- sider themselves as at full liberty to appropriate all the timber in that dis- trict to their own use. In truth, that territory is explicitly represented by the Senate of Maine as lying within the acknowledged boundaries of that State. Now, this is notoriously not the fact. The British Government con- tend that the northern boundary line of the United States, running from the source of the St. Croix to the highlands, is terminated at Mars Hill, which lies to the southward of the Aroostook. At best, therefore, the Aroostook territory, declared to be the undoubted property of the State of Maine, is but a point in abeyance. Both parties claim, and it appears have exercised, an equal right over it. Under these circumstances, the Governor of New Brunswick informs me that he does not consider himself at liberty to alter, in any way, the existing state of things, in as far as regard the districts above mentioned ; but he assures me that he will take especial care to keep w^ell within the limits of the line of duty marked out for him ; and, considering the shape which this question is now assuming, he will feel it imperative on him to apply immediately for still more precise instructions for the guidance of his conduct in a matter of so much delicacy. I have entered thus at length into this subject, not with a view to pro- voke discussion here, but simply with the object of showing to you that whatever measures it may be found expedient to take on the subject of 266 [ House Doc. No. 90. ] your reprcsciitntion, cannot originate with the authorities of New Bruns- wick, but must be derived directly from liis Majesty's Government, un- der wliose view the question has aheady been placed by you. 1 have the honor to be, with distinguished consideration, sir, your most obedient huinl)le servant, H. U. ADDINGTON. Mr. Vaitghan to Mr. Clay. Washington, November 15, 1825. Sir : 1 have the honor to lay bcfoie you a copy of a letter, with its en- closures, which I have received from Sir Howard Douglas, his Britannic Majesty's Lieutenant Governor of New Brunswick. It appears that two American citizens, representing themselves to be accredited agents of the Commonwealth of Massachusetts and the State of Maine, have circulated a notice atnongst the settlers upon the rivers St. John and xMadawasUa, that they were authorized to execute deeds of conveyance of lands in those districts; and the same persons, on their passage through the settlement of MadawasUa, endeavored to induce the men belonging to the militia not to attend the general training ; asserting that they could not be fined for their absence, as the territory which they occuj)ied belonged to the United States. I regret that the difference of opinion wliich has resulted from the de- liberations of the commissioners under the 5th article of the treaty of Ghent, for fixing the boundary between the possessions of his Biitannic Majesty and the teriitory of the United States, has not yet been adjusted ;. and that an opening is thereby left for complaints of the nature I am now called upon to re])rescnt to you. 1 am sure, however, that you will con- cur with me in opinion, that, so long as the question of the boundary re- mains in the piesent undecided state, it will be the duty of our Govern- ments to control, mutually, any conduct, on the part of their respective subjects, which is calculated to produce disunion and disagreement. I trust, therefore, that the conduct of the individuals, which I have thought it my duty to bring before you, will meet with the disapprobation and discountenance of the Government of the 4Jnited States. I have the honor to request, sir, that you will accept the assurances of my highest consideration. CHARLES R. VAUGHAN. Tlie lion. Henry Ci.ay,&c. Frederickton, New Brunswick, October 24, 1825. Sir : I have the honor to transmit to your excellency coj)ies of two pa- pers, communicated to me (lom Peter Fra/.er, Fsq., one of the magis- trates, and commandant of a battalion of militia, in the county of York, in this Province, stating the conduct of two American subjects, who have represented themselves as accredited agents of the Commonwealth of Massachusetts and State of Maine. [ lloiiso Doc. No. 9U. J ii / I submit to your excellency's considoiation the propriety of makinji a representation to the American Coveriinient, and deniandino; that an im- mediate stop be put to practices which have such a marked tendency to sow dissension and insubordination in settlements lon( land, it is stat(;d,-,have been made in virtue of certain resolutions of the Legislatincs of Maine and Massachusetts, of the date of February and June of the present year. Aa I find that the conduct of the abovcmenlioned agents has excited I House Doc. No. 90. | 269 great attention and alarm in the British settlements, I have the honor, upon submitting the enclosed additional papers to your consideration, to repeat my request that this conduct may be disavowed and discounte- nanced by the (lovernment of the United States. I have the honor to request, sir, that you will accept the assurances of my highest consideration. CHAS. R. VAUGHAN. The Hon. Henrv Clay, &c. Know all men by these presents, that we, George W. CoflQn, agent for the Commonw ealth of Massachusetts, and James Irish, agent for the State of Maine, upon the subject of the public lands in the said State, by virtue of powers vested in us by resolves of the said Commonwealth, dated the 11th of June, 1825, and by resolvesof the said State, dated 26th Feb- ruary, 1825, and in consideration of the sum of ten dollars to us paid by John Baker, of a plantation called and known by the name of Madawas- ka settlement, in the county of Penobscot, and State aforesaid, situate upon the river St. John, yeoman, for the use of the said Commonwealth and State, the receipt whereof we do hereby acknowledge, do, by these pres- ents, in behalf of the Commonwealth and State aforesaid, give, grant, bargain, sell, and convey, to the said John Baker, his heirs and assigns, forever, the following parcel of land, viz : beginning at Maryumticook stream or point, on the St. John's river; thence, running west by said river, sixty-three rods, to a stone marked No. 1, southwest; thence, north, three hundred and twenty rods ; thence, east, fifty rods ; thence, south, three hundred and eleven rods and one-half a rod, to a stake stand- ing on south side of said stream ; thence, by said stream, south thirty- eight and a half degrees east, fifteen rods and seventeen links, to the bounds first mentioned ; containing one hundred acres, be the same more or less : To have and to hold the same, with all the privileges and appur- tenances thereof to the said John Baker, his heirs and assigns, to his and their use and behoof forever. In testimony whereof, we, the said agents, in behalf of the said Com- monwealth and State, have hereunto subscribed our names, and affixed our seals, this third day of October, 1825. GEORGE W. COFFIN, [l. s.] JAMES IRISH, [l. s.] Signed, sealed, and delivered, in presence of us, Walter Powers, Hiram Baker. I certify the above to be a true copy. GEORGE MOREHOUSE, Magistral ef 01' York county. Know all men by these presents, that we, George W. Coffin, agent for the Commonwealth of Massachusetts, and James Irish, agent for the State of Maine, upon the subject of the public lands in the said State, by 270 [ House Doc. No. 90. ] virtuo of powers vested in us by resolves of the said Conimon wealth, dated the eleventh day oT June, 1825, and by resolves of the said State, dated Zdlh February, 1825, and in consideration of the sum of ten dol- lars to us paid by James Bacon, of a plantation called and known by the name of the Madawaska settlement, in the county of Penobscot, and State aforesaid, situate upon the river St. John, yeoman, for the use of the said Commonwealth and State, the receipt whereof we do hereby at'kiunvledge, do, by these presents, in behalf of the Commonwealth and State aforesaid, give, grant, bargain, sell, and convey, to the said James Bacon, his heirs and assigns, forever, the following |)arcel of land, viz : beginning at a cedar tree on the east side of the Maiyumticook stream, near the bank of St. John's river, thence, north forty degrees west, by said stream, twenty-five lods, to the east line of lot No. 1, conveyed to John Baker; thence, noith, on said east line of said lot No. 1, three hun- dretl and tlnee rods, to the northeast corner of the said Baker's lot ; thence, east, filty-two rods ; thence, south, thiee hundred and twenty rods, to an elm tree standing near the bank of the St. John's river, marked as fol- lows : I 1 A, October 4th, 1825, G. W. C. No. 2; thence, fifty-two rods, by said river, to said cedar tree, marked I I A No. 2, being tlie first-men- tioned bounds; containing one hundred acres, be the same more or less: To have and to hold the same, with all the privileges and appurtenances thereof, to the said James Bacon, his heirs and assigns, to his and their use and behoof foi ever. In testimony whereof, we, the said agents, in behalf of the said Com- monwealth and State, have hereunto subscribed our names, and affixed our seals, this Iburth day of October, 1825. GEORGE W. COFFIN, [l. s.] JAMES IRISH, [l. s.] Signed, sealed, and delivered, in presence of us, Walter Powers, Owen Fitzgerald. 1 certify the above to be a true copy. GEORGE MOREHOUSE, Magistrate for York county. October 10, 1825. To Mr. James Bacon : Sir : We hereby authorize and direct you to ascertain the amount of timber that may be cut the approaching season upon the St. John's river, and upon the several streams and rivers emptying into the St. John's river above the Giand Falls ; and where the permits have been granted by us, settle with the holdeis of said permits, confoiniably to the conditions thereof. But where any pcisons have presumed to cut without our permission, or permission obtained from you upon the same terms, (a copy of one of said permits is here enclosed,) you will retjuire such persons to pay fifty cents per ton for timber, and one dollar and twenty-five cents per thousand for boards ; or, on refusing to pay as aforesaid, seize the logs and timber, and sell the same at j)ublic auction, for the benefit of said Com- [ House Doc. No. 90. ] 27 I monvvcalth and Sti\te ; fust givini:; thirty days' public notice of tlio time and place of sale, by posting the advertisements at one or more public places within your district. GEOIUJIO COFFIN, Land Agent for Commonwealth of Massachusetts. JAMKS IRISH, Land Agent for State of Maine. ] certify the above to be a true copy. GEORGE MOREHOUSE, Magistrate for York county. Mr. Clay to Mr. Vaughan. Department of State, January 18, 1826. Sir : In consequence of the letter which you did me the honor to ad- dress to me on the 15th November last, 1 instituted a correspondence with the Goveinors of the States of JNlassachusetts and Maine, to ascer- tain on what foundation the representations of Sir Howard Douglas rest- ed. I have received letters from them both ; but I consider it necessary only to transmit to you a copy of that fiora the Governor of Massachusetts, under date the 6th day of December, 1825, a copy of mine of the 15th of the same month, which is the same in substance as one I addressed at the same time to the Governor of Maine, and a copy of a letter from the Governor of Massachusetts of the 22d day of December. It appears that the measures adopteti by those two States, to which Sir Howard refers, were altogether precautionary, and occasioned by previ- ous acts of asserted authority over the disputed territory ; which, if un- opposed by countervailing acts, might have been relied on, at some fu- ture day, as strengthening the British and weakening the American claim. The cause having been withdrawn, its consequence will no longer exist ; and you will accordingly observe that I have, by the direction of the President, inculcated a spirit of forbearance and moderation on our side, which we hope will be hereafter practised on yours. Both (Governments should derive, from the existence of those mutual complaints, a new pio- tive for guarding, in future, against their recurrence, which can be effect- ually done only by a settlement oi the question of boundary, out of which they arise. I pray you to accept assurances of my distinguished consideration. H. CLAY. Right Hon. C. R. Vaughan, Envoy Extraordinary and Jlinister Plenipotentiary from Great Britain. Worcester, Massachusetts, Deoember 6, 1825. Sir : I have the honor to reply to your note of the 25th ultimo, that I have no other information of the conduct of the persons referred to in the communications made to you by the British minister, than is contained in 272 I House Doc. No. 90. ] an oflicial report to me by Georiie W. Cottiti, Esquire, land agent of this Coniinonwealtl), a copy ol' whidi I had the honor, a lew days since, to transmit to the President of the United States. For several years past depredations of valuable timber, frojn the unsettled lands belonging to Massachusetts and Maine, within tlie jurisdictional limits of the latter State, have been committed, to a ruinttus extent, partly by persons claim- ing to act under permits issued from the surveyor general's office of the PiDvince of New Brunswick, and partly by lawless individuals, without pretence of authority ; but who, from their transient residence and the facility of their disguises, could easily elude detection and lesponsibility. To ascertain the precise character of the mischiefs thus perpetrated, and how far these acts of wrong had been sanctioned by officers of Govern- ment in the neigf.boiing Province, and, as far- as possible, by public no- tice and a manifest assertion of tlie right which this Commonwealth and the State of Maine have to the property, to protect the lands from further injury, the Legislature of the Commonwealth, by resolves of the 16th of February and the llth of June last, directed the land agent, in conjunc- tion with the land agent of Maine, " forthwith to take effectual meas- ures to ascertain the extent of the depredations Cv)mmitted on the lands belonging to this Commonwealth a«d tlie State of Maine, by whom the same have been committed, and under'what authority, if any, such depre- dations have been made, and all other facts necessary to bring the offend- ers Injustice ; also, to make and execute good and sufficient deeds, con- veying to the settlers on the undivided public lands on the St. John's and Madawaska rivers, in actual possession as aforesaid, their heirs or as- signs, one hundred acres each of the land b}- tl^em possessed, to include their improvements, on their paying to said agents, for the use of the Commonwealth, five dollars each, und the expense of sur veying the same ; and also to sell the timber on such of the undivided public lands as lie contiguous to and near- to the waters of the river St. John's, in all cases where such sale will, in the opinion of the land agent, promote the in- terests of this Commonwealth." No other instructiorts than are contained in the resolves before referred to have been given to the agent of this Commonv.ealth ; and unless he has transcended his authority, in which he could not be justified, but which, from his known character for intelligence and discretion, 1 should be reluctant to believe, the British Government can have no just cause of corrrplaint against his proceedings. Indeed, the object of the Legislature of Massachusetts was, in a great degree, precautionary. AVhile persons, assuming to act under' permits obtained from officers of his ^Iajesly's Provincial Government, were justifying the destruction and appropriation to their own use of our valuable timber, and under deeds from like au- thority were claiming title to the soil itself, it was fit to adrrronish them of their error, and at the same time to seek for evidence by which a re- monstrance against these injuries might be effectually addressed to the parent Government. It was justifialjle for us still further, under these circumstances, by the execution of deeds and the sale of timber on our part, to assert a possessory right to property of which we claim to have an incontrovertible legal title. Nothing could be more remote from the intention of the Legislature of Massachusetts than to authorize acts of aggression upon the territory or subjects of his Majesty's Province, or [ House Doc. No. 90. ] 273 to give just cause of offence to liis Government ; and I trust that, upon better information of the character of tlie measures of our agents, they will cease to be regarded by that Government in an unfriendly light. Permit me, sir, to urge the occurrence of the present misunderstanding as an additional motive for pressing to obtain a speedy establishment of the true line of division between the Biitish Piovinces and the United States, upon our northeastern boundaiy. Tiie delay which has already taken place in the settlement of this question has been of the most serious prejudice to the interest of the States of Massachusetts and Maine ; for whatever may be their rights of property, the persislance of the British Government to claim the territory to an undefined extent cannot but dis- courage the purchase and settlement of the lands by men who would value most to retain the character and privileges of American citizens. I beg to avail myself of this opportunity to offer the assurances of my entire esteem and most respectful consideration. LEVI LINCOLN. To the Hon. Henry Clay, Secretary of State of the United States. Department of State, Washington^ December 15, 1825. Sir : I have the honor, by the direction of the President, to acknowl- edge the receipt of your letter, addressed to him on the 26th ultimo, transmitting a copy of the report of the land agent of the Commonwealth of Massachusetts, and to assure you of the anxious desire of the Govern- ment of the United States to make a satisfactory arrangement with that .of Great Biitain, of our northeastern boundary. No time will be un- necessaiily lost in bringing the negotiation to a final conclusion. In the mean time, it is desirable that each party, governed by a spirit of mode- ration, should refrain from the adoption of any measures which may tend to give just inquietude to the other. It would, peihaps, be best for nei- ther to do any act which would change the state of the question, as it existed when the commission under the treaty of Ghent was constituted. If one attempt to strengthen his pretensions by the exercise of acts of sovereignty or ownership over parts of the disputed territory, which were then waste and uninhabited, the other will resort to the same ex- pedient, and the collisions which would inevitably follow would place both parties in a state less propitious to an amicable settlement of the difference. It was under this view of the propriety of mutual forbear- ance, that, when, in the course of last spring, statements were received at this Department of depredations committed, under color of British authority, within the limits of the State of Maine, as claimed by us, I addressed a note to the British charge d'affaires near this Government, remonstrating against those depredations. It appears from the above report of your commissioner, and from other sources of information, that our remonstrance has had the desired effect ; that the (ioveincr of the adjoining British Province has been directed by proper authority to d s- continue granting licenses to cut timber ; and that lie has accordingly dis- 19 274 [ House Doc. No. 9o. J continued. The President wishes that this conciliatory course on the part of Cicat Britain should be reciprocated by us; and 1 am, therefore, directed bv him respectfully to suggest to your excellency the propriety of its being observed I)y the Government of Massachusetts. I seize the occasion to renew to your excellency assurances of my respectful consideration. II. CLAY. His Excellency Levi Lincoln, Governor of Massachusetts. Executive Department of Massachusetts, Worcester, Massachusetts, December 22, 1825. Sir : I have the honor to acknowledge the receipt of your letter of the loth instant. My reply, under date of the 6th of December, to your former communication, has, I trust, satisfactorily explained the occasion and character of tlic measures which had been aulhoiized by the Gov- ernment of Massachusetts for the protection of the property of this Com- monwealth within the limits ol the State of Maine. The early reas- s'^mbling of the Legislature will enable me to bring the subject again very immediately under their consideration. In the mean time, you A\ ill please to assure the President that no steps aie in contemplation which can, in any degree, tend to produce further excitement on the part of the British in the neighborhood of the lands, or to embarrass the Government of the United States in their endeavors to obtain a satisfac- tory arrangement with that of Great Britain in the establishment of the true line of our northeastern boundary. It is gratifying to know that this subject, of such peculiar importance to the interests of this Commonwealth and the State of Maine, has already received so much of attention from the National Executive. I have the honor to be, sir, with sentiments of most respectful con- sideration, your obedient servant, LEVI LINCOLN. To the Hon. Henry Clay, Secretary of Slate of the United States. Mr. Clay to Mr. Vaughan. Department of State, Washington, June 23, 1826. The Secretary of State presents his respects to Mr. Vaughan, and he has the honor to transmit to him, herewith, a copy of a letter from the Governor of the State of Massachusetts to the President of the United States, communicating a lesolution of the Legislature of that State, in regard to the boundary line l)etween the Province of New Brunswick and the territories of the United States, in which Mr. Vaughan will [ House Doc. ^o. 90. J 275 recognise a strong proof of the disposition of that State to contribute to the harmony and friendly relations which are happily now subsisting betAveen Great Britain and the United States. Executive Department of Massachusetts, Boston, June 20, 1826. Sir : The accompanying resolve of the Legislature of this Comraon- "vvealtb, which I hasten to communicate for your notice, will apprize you of the respectful regard which has been paid to the suggestions of the Ex- ecutive of the United Slates, upon the subject to which it refers. With renewed assurances of the most entire respect and faithful con- sideration. Your obedient servant, LEVI LINCOLN. To his Excellency the President of the United States. Commonwealth of Massachusetts, June 19, 1826. The Committee of both Houses on Public Lands have had the subject of eastern lands under consideration, and ask leave to make the follow- ing report, which is respectfully submitted. Per order: JONAS SIBLEY, Chairman. From the friendly disposition of late manifested by the Government of Great Britain, in rela-tion to the subject of the boundary line between the United States and the Province of New Brunswick, and from an ex- pectation that an early adjustment will take place, Resolved, That the operation of the provisions in the resolves of the 16th day of February and the 11th day of June, 1825, which authorize the conveyance of the undivided lands on the St. John's and Madawas- ka rivers to the settlers in actual possession, and the sales of timber on such of the undivided public lands as lie contiguous to and near the waters of the St. John's, be suspended until the further order of the General Court. In Senate, June 19, 1826. — Read and passed. Sent down for concur- rence. JOHN MILLS, President. House oj Represejitatives, June 19, 1826. — Read and passed in con- currence. VVM. C. JAR VIS, Speaker. A true copy. Attest: EDWARD D. BANGS, Secretary. 276 I House Doc. No. 90. J Mr. Vaughan to Mr. (lai). Washington, January 16, 1827. Sir : About the latter end of the year 1825, and about the beginning of the last year, a correspondence took place between us relative to en- croachments of persons calling themselves agents from the States of Maine and Massachusetts, in the teriitory in dispute between his Majes- ty's t;o\crnment and that of the United States, in consequence of the unsettled state of the northeastern line of boundary under the treaty of Ghent. The representation which 1 had then the honor to make was promptly answered by the Government of the United States. An inquiry into the circumstances of the encroachments complained of took place, and a spirit of forbearance and moderation was inculcated by the directions of the President, which induced me to hope that 1 should not have occa- sion to recur again to a representation of a similar nature. I have received, however, a letter from Sir Howard Douglas, his lifa- jesty's Lieutenant Governor of New Brunswisk, acquainting me with some further proceedings of persons calling themselves land agents and surveyors, acting under the authority of the Governments of the States of Maine and .Massachusetts, in surveying and laying out townships in the disj)uted territory in question. The particular acts which have excited uneasiness in the Government of New Biunswick are, the laying out of land into townships, and mark- ing out roads, within a territory the assignment of which is not yet made to either of the parties to the treaty of Ghent. My former representation was met by you in so conciliatory a spirit, that I am encouraged to hope that the intervention of the Government of the United States will be effectually exerted to induce the Govern- ments of the States of Maine and Massachusetts to abstain from measures which can be construed into a premature exercise of authority in a dis- puted territory, and which may lead to collision of a most disagreeable natuie between the settlers in that teiritory. 1 think it advisable to make you acquainted, without delay, with the coin|)laint which I have received from the Lieutenant Governoi" of New Brunswick, ^\hom, I beg leave to assure you, cautiously abstains, on his part, from exercising any authority in the disputed tcnitory which could invite an incioachment as a measure of retaliation. I have the honor to request that you will accept the assurances of my distinguished consideration. CHARLES R. VAUGHAN. Tiie Hon. IIknuy Clay, &c. Mr. Clay to Mr. Vavghan. Dei'art.mknt of State, Washington., January 18, 1827. Sir : I have the honor to acknowledge the receipt of your note of the IGth instant, stating, upon the representations of Sir Howard Douglas, his Britannic Majesty's Lieutenant Governor of New Brunswick, that [ Hou^c Doc. No. 90. ] 277 the agents and surveyors of (he States of Maine and Massachusetts are proceeding to lay out townships and o|)en roads in the territory which is mutually claimed by the Governments of the United States and Great Britain, bordering on that Province, and lequcsting the interposition of the Government of the United States to induce tiie States of Massachu- setts and Maine to abstain from measures which would amount to a j)re- mature exercise of authority in the disputed tenitory. No information has reached this Department of the acts complained of by Sir Howard Douglas, other than that which is contained in your note. But, as the President's view's and wishes remain the same as were com- municated to you in the correspondence to which you refer, I shall lose no time, by his directions, in transmitting copies of your note to the Gov- ernors of the States of Massachusetts and Maine, and requesting them, respectively, to continue, until the question is settled, to practise that system of forbearance and modeiation which it appears to the President to be expedient for both Governments to observe. I pray you to accept the assurance of my distinguished consideration. II. CLAY. Rt. Hon. C. R. Vaughan, E. E. and M. P. from G. B. Mr. Clay to Mr. Vaughan. Department of State, Washington, September 14, 1827. Sir : 1 have the honor to transmit to you, herewith, an extract from a letter, under date the 3d instant, addressed by his excellency Enoch Lincoln, Governor of the State of Maine, to me, to which I invite your particular attention. It is alleged in that extract that, under the authori- ty of the Government of New Brunswick, measures have been adopted, and acts performed, within the territory respectively claimed by the United States and Great Britain, inconsistent with that mutual forbear- ance which it has been understood, in the correspondence on this sub- ject which has passed between us, would be inculcated and practised on both sides. Assuming the statements oi Governor Lincoln to be cor- rect, as I presume they are, a confident reliance is placed in the Gov- ernment of his Britannic Majesty to cause an immediate correction of the irregular proceedings of which complaint is made. I request you to accept assurances of my high consideration. H. CLAY Rt. Hon. C. R. Vaughan, E. E. and M. P. from G. B. Extract of a letter from Governor Lincoln to Mr. Clay, dated Septem- ber 3, 1827. Since I had the honor of addressing you on the subject of the north- eastern boundary of this State, facts have been placed within my knowl- edge, which, more imperatively than any other, urge me to solicit the -278 [ House Doc. No. 90. ] attention of tlic President to the situation in which we are placed. It is now rendered evident that the representation made to you, and commu- nicated in your letter of the 27th of March hist, that the British Govern- ment has abstained from the performance of any new acts which might be construed into an exercise of the rights of sovereignty or soil over the disputed territory, was entirely incorrect. That representation, con- nected with the recommendation of the President, has undoubtedly had much inlluence with Maine in producing a forbearance which willprob- ably he objected against her in comparison with the opposite course by Great Britain, as containing an implied acknowledgment of the rightful- ness of the jurisdiction which has been exercised for years by a foreign Power, in the manner and to an extent nhich 1 beg leave now to ex- hibit, as presented to me by credible testimony. Along the St. John's river, following it up westwardly from the junc- tion of the Madawaska, is a very nourishing settlement, containing a considerable number of peaceably disposed and industrious inhabitants. Amons these is a proportion of American emigrants, some of whom hold their land under deeds from Massachusetts and Maine ; and the others, or nearly all of them, are anxious to obtain titles in the same way. The latter at present occupy as tenants at suHerance, and neither recognise the lands as being Crown lands, nor do they voluntarily submit to British authority. These persons the Government of New Brunswick treats, in all respects, as aliens, denies them their right to hold real estate, assesses upon them the alien tax, and refuses to permit to them the transmission of their produce as American. I forbear to speak of many acts of vio- lence and petty vexation of which they also complain. The other in- habitants are uniformly treated as British subjects ; and new acts of ju- risdiction, even to the requirement of n)ilitary duty, are as frequently exercised as the ordinary operations of a municipal control require. Mr. Vaughan to Mr. Clay. Washington, September 17, 1827. The undersigned, his Britannic Majesty's envoy extraordinary and minister plenipotentiary, has the honor to acknowledge the receipt of Mr. Clay's note of the 14th instant, communicating a representation naade to the Government of the United States by his oxcellency Enoch Lincoln, (Jovcrnor of the State of Maine, respecting certain acts of the Government of New Brunswick, which are considered as an undue ex- ercise of jurisdiction in a settlement upon the river St. John's, within the territory in disjjute between (ireat Britain and the United States. ft appears from Governor Lincoln's statement, that the settlement in (juestion is a British settlement upon the river St. Jolm's, westward of the Madawaska, and that it is composed of the families of the original settlers, and of emigrants frniy the Ignited Slates. 'IMie inhabitants of the latter descr ij)tion, it is stated, are considered by the Government of New Brunswick as aliens, and they are therefore not entitled to hold real estate, are assessed to pay an alien tax, and cannot transmit the pro- duce of their land as Americans. Some of these emigrants, the Gov- [ House Doc. No. 90. ] 27 9 ernor obsei\cs, hold land under deeds from tlic States of Maine and Massachusetts. The undersigned begs leave to remind Mr. Clay, that, mi the months of November and December, 1825, and again in the n)onth of January, 1827, ho had occasion to remonstrate against the conduct of persons call- ing themselves agents accredited by the States of Maine and Massachu- setts, for offering to sale in the British settlements upon the Madawaska river grants of lands, and for surveying and laying out new settlements in that direction, within the territory in dispute between Great Britain and the United States. Ever since the Province of New Brunswick was established, in the year 1784, the territory in disjiute has always been considered as form- ing a part of it ; and previously to that period, it was laid down as form- ing part of the Province of Nova Scotia, in a map published by the Board of Trade in 1755. The rights of sovereignty have, in consequence, been exercised by the British Government, and the undersigned must protest against the validity of any title to the lands in the ancient British settlements, granted by the States of Maine and Massachusetts, until a change in the right of possession shall have been effected in consequence of the 5th article of the treaty of Ghent. According to the statement of Governor Lincoln, the inhabitants of the settlement in question upon the St. John's river, westward of the Madawaska, who are not emigrants from the United States, are treated by the Government of New Brunswick as British subjects ; and it is ob- served that they are called upon to perform military service, an act of jurisdiction which may be made to imply a "■rightfulness^^ of that juris- diction. The undersigned is persuaded that no act of jurisdiction, exercised in the settlements made by Great Britain, and still in her possession, though that possession may be disputed, can influence, in any shape, the decision of the question of boundary under tha treaty of Ghent. The undersigned will transmit a copy of Mr. Clay's note, containing the representation of Governor Lincoln to his Majesty's Lieutenant Gov- ernor of New Brunswick, whose wish and whose duty it has always been to avoid giving the slightest uneasiness to the Government of the United States, on the territory which has, unfortunately, remained so long in dispute between the two Governments. No attempt has ever been made to form new settlements, and the Lieu- tenant Governor has abstained from exercising any authority over the unoccupied parts of the disputed territory, excepting for the purpose of preserving it in its present state. In proof of the friendly disposition which animates him, the undersigned has the honor to enclose a copy of a letter which Sir Howard Douglas addressed in the month of March last to the magistrates residing in the neighborhood of the disputed, terri- tory, and a copy of a letter dated the ISlh of April, in which his excel- lency informs the undersigned that he had directed the Attorney General of New Brunswick to prosecute some British subjects who had cut down timber upon the St. John's river. The undersigned begs leave to assure Mr. Clay that he will submit to his Majesty's Government a copy of his note ; and he cannot help ex- pressing an anxious wish that the negotiations which are now going on 280 [ House Doc. No. 90. J in London may Inially terminate the (juestion of boundary between New Hruiiswick and tlie territory of the United States, and put an end to the coUij^ion of authority lor the future in tlie territory which is now in dispute. Tlie undersigned avails himself of this occasion to renew to Mr. Clay the assurances of his distinguished consideration. CHAS. K. VAUGHAN. Hon. Hknrv Clay, &c. Copy of a circular to the Magistrates in the upper part of the county of York, respecting the disputed territory. Secretary's Office, Frederickton, March 9, 1827. Sir: Satisfactory assurances having been conveyed to his Majesty's Government of the earnest wish of the Government of the United States to reciprocate the conciliatory disposition shown in regard to the di'^;^u- ted territory at the upper part of the river St. John, it is most desirable, until the (juestion relating thcteto shall be finally settled, that no new settlements shall be made, or any timber or other trees felled, in the wilderness part of that territory, nor any. act done which may change the .state of the question as it existed when the treaty of Ghent was executed. I am therefore commanded by his excellency the Lieutenant Govern- or to desire that you will be vigilant, and use your utmost diligence to discover any attempt which may be made by any of his INLijesty's sub- jects to intrude upon that territory with a view to make settlements or to procure timber; and to make immediate representation thereof to his ISLnjesty's Attorney General, that legal steps may be taken to punish such intiudeis and trespassers ; and should you discover similar attempts to be made by any other person, whether unauthorized or appearing to' act under color of authority, that you will use your best endeavors to ascer- tain the names of such persons, and report the same to me, with aflidavits to estabiish the facts, for his excellency's consideration. 1 have, &c. VV. F. ODELL. S^r JImvard Douglas to Mr. Vaughan. Frkderickto.v, April 13, 1S27. Sir: In my letter of the 20th ultimo, I had the honor to transmit to your excellency a copy of a circular letter, which I had directed to be sent to all magistrates residing in the vicinity of the disputed territory, instructing them how to act in the event of any depredations being at- lem|)ted by cither party on the lands in (jUcstion. I have just received a repoi I, stating that a {juantity of pitie timber had l>eeii cut by ccrl;iin Hrilish subjects on the waste lands now subject to negotiation; and I lose no time in putting your excellency in possession of documents which will show the prompt steps 1 have taken to repress aiid punish these depiedations. [ House Doc. No. 9(). [ 281 I beg further to acquaint your excellency that I immediately sent, by express, instructions to the nearest magistrate, to repair to the spot, to procure information and proper proofs of the acts charged, and to trans- mit these to liis Majesty's Attorney Cieneral, who has aheady received my directions to proceed against the parties implicated in this transaction without delay. I have, &c. H. DOUGLAS. The Right Hon. Chas. R. Vaughajv, &c. Mr. Clay to Mr. Vaughan. Departi\!Ent of State, Washington^ September 19, 1827. The undersigned, Secretary of State of the United States, has the honor to acknowledge the receipt of the noteofMr. Vaughan of the 17th instant, in answer to that which had been addressed to him on the 14th by the undersigned, on the subject of acts of territorial juiisdiction, ex- ercised under the authority of the Government of the Province of New Brunswick, over the territory claimed by the United States and Great Britain, respectively. As this latter note was founded exclusively on the representations of the Governor of Maine, the undersigned will transmit to his excellency a copy of Mr. Vaughan's note, and request such information as may throw any light on the statement made by him, that the American settlers on the St. John's have recently established themselves there, within an ancient British settlement, and that their titles had been lately obtained from the agents of the States of Massachu- setts and Maine. In the mean time, the undersigned owes it, in candor, to admit, that the letters of Sir Howard Douglas, of which copies accompany Mr. Vaughan^s note, manifest a just solicitude, on the part of tliat officer, to prevent and punish any acts on the disputed territory, which might lead to the inter- ruption of a good understanding between the two countries, in relation to that subject. Participating with Mr. Vaughan most fully, in the wish that the nego- tiations which are now going on in London may finally terminate the question of boundary between the United Stales and Great Britain, and thereby prevent all collisions of authority, for the future, in the disputed territory, the undersigned prays Mr. Vaughan, on this occasion, to accept assurances of his high consideration. H. CLAY. Rt. Hon. Chas. R. Vaughan, &c. Mr. Vaughan to Mr. Clay. Washington, October 26, 1827. The undersigned, his Britannic Majesty's envoy extraordinary and minister plenipotentiary, had the honor to inform Mr. Clay, in a note 2^2 I House Doc. No. 90. | dated the IGth of September, that he should transmit to his Majesty's Lieutenant (loveinor of New Brunswick a copy of the correspondence which had passed between Mr. Chiy and the undersigned, about that period, in consequence of a representation made to the Government of the Ignited States, by the Governor of the State of Maine, respecting proceeding's in a British settlement upon the Madawaska river. 'J'he undersigned has now the honor to lay before the Secretary of State of the United States a copy of a letter which he has received from Sir Howard Douglas, the Lieutenant Governor of New Brunswick, in answer to the communic.ttion made to him of the correspondence above men- tioned, as it will serve to explain the conduct which has hitherto been observed by the Lieutenant Governor, and the view which his excellency takes of the duty imposed upon him, until the question of boundary shall be finally adjusted. The undersigned begs that Mr. Clay will accept the assurances of his highest consideration. CHAS. R. VAUGHAN. Lieutenant Governor of New Brunswick to the British Minister. St. John, N. B., October 4, 1827. Sir : I have the honor to acknowledge the receipt of your excellency's despatch of the 16th of September, 1827, transmitting a copy of a note which you had received from the Secretary of State of the United States, containing a representation made to him by the Governor of the State of Maine, relative to a settlement on the St. John, westward of the junc- tion of the Madawaska with that river, and requesting me to make such remarks or exi)lanations as might suggest themselves to me upon a perusal of your excellency's correspondence with Mr. Clay. The very correct and just view of the state of the question contained in your excellency's note of the 16th of September, addressed to Mr. Clay, in reply to Governor Lincoln's representation, leaves me nothing further to add, but to convey to you my assurances that all the acts of this Gov- ernment are in strict conlbrmity with the positions and statements con- tained in your excellency's note. I have been careful to do nothing that can change the state of the ques- tion as it existed when the treaty of Ghent was executed. No new acts of sovereignty have been exeicised by this Government ; no surveys, fresh grants, or locations, have been made or issued, to extend or insin- uate British settlements into any part of the disputed teiritoiy ; no per- mits granted to fell or carry timber. But, whilst I observe all this for- bearance in all my measures, and enforce their observance on the part of this |)eople, I cannot relintpiish any actual possession, or abandon any right of piactical sovereignty, which has been de facto^ exercised over any portion of territory, located and held as British settlements before the treaty of Ghent was executed. The settlement of industrious per- sons, among whom some American citizens were placed in 1825, by agents acting for Mass;tchu.setts and Maine, in one of these, I protested, at the time, against those operations ; and your excellency's remonstrance pro- [ House J3oc. TS'o. 90. ] 283 cured the suspension of such proceedings. Yet, upon these recent en- croachments Mr. Lincoln's repiesentations are grounded ; and the aliens, so settled, proceed, as I have already stated to your excellency, to resist our authority, to stop the port, to instigate the Jiritish settlers to refuse obedience to the laws; and, finally, to hoist the Ameiican Hag, and to rescue from due custody peisons apprehended by our peace olficers. This settlement I am bound to cotisider as a part of New Brunswick ; and I can neither permit the actual possession to be disturbed, nor suspend the municipal laws of the Province from tiieir ordinary operation over those paits. Whilst I am thus acting, to keep the question in its present state, free from stratagem or open violence, there is nothing done on this side that can influence, in any shape, the final decision of the boundary under the treaty of Ghent. The long-established British settlements in the disputed territory must necessarily remain under the jurisdiction of this Government, or be aban- doned to anarchy in the absence of all rule, until a final decision can be made of the question of right under the treaty of Ghent. If, on the other side, attempts be now made to establish settlements and jurisdistion in the wilderness part of the territory, or to subvert the actual possession and jurisdiction of his Majesty in the parts long since settled, as measures ex- pressly devised to meet, or countervail, in the pending negotiations, our actual possession of the settlement in question, by assumptions of juris- diction, resistance to the municipal laws of this Province, and co ordi- nate exercise of rule, then much disorder, outrage, and strife, must ensue. Such assumptions would, moreover, be a direct departure, on the part of the United States, fr'om that cour'se of mutual forbearance which has been here strictly observed. They would change the state of the question as it stood at the time the treaty was executed ; and, without influencing in any shape the principles of the decision upon which the final decision of the question of boundary depends, would make chargeable to the author- ities executing or countenancing these measures any consequences .that may ensue, in collisions and outrages, which it is, and has been, my ear- nest desire to prevent and repress, but which such extraoidinaiy counter- vailing maxims and assumptions as those which it may be presumed are intended, would directly and powerfully encourage. HOWARD DOUGLAS. His Exc. the Rt. Hon. Charles R. Vaughan, &c. Mr. Clay to Mr. Vaughan. Department or State, Washington., November 17, 1827. Sir : In the note which I had the honor to address to you on the 19th day of September last, I informed you that I would transmit a copy of yours of the 17th, in answer to mine of the 14th of the same month, to his excellency Enoch Lincoln, Governor of Maine, to obtain from him such information on the subject to which that correspondence related as he might communicate. I now transmit to you an extract from a letter of 284 [ House Doc. No. 90. ] Governor Lincoln, under date the 2d int-tant, together with copies of two afl'idavits to which he refers. From one o( those allidavits, (that of Wil- liam Dalton,) it would appear that he had resided during three years on the Aroositic river, thiity miles within the line on the American side; that the constables and ollicors of the Province of New Biunswick have been in the habit, under the pretence of collecting debts, of coming to the settlement where he lived with |)rccepts, and taking and carrying away every species of property they could find ; that they generally car- ried it to the parish of Kent, or Frederickton, and there sold it at auc- tion ; that in a particular instance, of which the circumstances are detailed in the affidavit, the acting British otTicer declared that he did not care whether he was within or without his jurisdiction, for that a higher officer would bear him out in anything he did ; that he even employed a menace of resorting to physical force, using at the same time opprobrious language ; that the svitness, in consequence of the disturbances created in the settlement by Biitish officers, sold his possessions at a great sacri- fice in their value, and removed to another part of the State of Maine ; \ and that the inhabitants of the Aroostic settlement have been unwilling and afraid to sleep in tiieir own houses, and have spent the night c:. he banks of the liver and in the woods, and kept watch night and day, as is customary in Indian warfare. The affidavit of the other witness (Jonathan Wilson) states that, at Woodstock, in the Province of New Brunswick, he learned that Mr. Baker had been arrested by the British authorities, with the agency of forty-five men, sent up in barges, armed ; that he was taken from his bed in the night; that the charge against him was for refusing and objecting to permit the British mail to pass over his land ; that he was confined in a jail, which is known to the witness to be extremely loathsome, filthy, and dangerous to health ; that he has been tried and sentenced to six months' imprisonment, and to the payment oti £150 ; that he lived on Madawaska liver, within the American line ; and that the witness had learned from his son, who had recently been on the Aroostic, that the settlers there complained bitterly of the oppresssion of the otficers and subjects of the British Province ; that their property was taken forcibly from them, and carried olf, to the last cow. Such is the case made out by this testimony. 1 shall abstain, at this time, from particular comments upon it. The proceedings which it dis- closes being incompatible with the rights of the United States, at variance with that forbearance and moderation which it has been understood be- tween us were to be mutually observed, and exhibiting the exercise of rigorous acts of authority within the disputed territory, which could only , be justified by considering it as constituting an incontestable part of | the Br itish dominions, I have to request such explanation as tiie occasion ■ calls for. In the mean time, I avail myself of the opportunity to tender to you assurances of my high consideration. II. CLAY. The lion. C. U. \' \i (.man, Uc. [ House Doc. No. 90. ] 285 Extract of a letter from Governor Lincoln to Mr. Clay^ dated November 2, 1827. I have the honor to transmit to you, for tlic consideration of the President, copies ot' the affidavits of William Dalton and Jonathan Wilson, and to the truth o( the statements in which I hiive reason to attach lull credit. Affidavit of Wiliiam Dalton. I, William Dalton, born in Bloomfield, State of xMainc, county of Somerset, say that, for the last three years, I have resided on the Aroostic river, thirty miles within the line, on the Amerrcan side, thirty- three miles up said river. Many of the settlers on the river are emigrants from New Brunswick, others from the States. Many of these settlers arc poor. The constables and officers of the Provinces have been in the habit, under the pretence of collecting debts, of coming to the settlement where I lived, with precepts, and taking and carrying away every species of property they could find. They generally carried it to the parish of Kent, or Frederickton, and there sold it at auction. As an instance of the violent proceedings of the officers and subjects of the Provinces, I would state that, at the settlement where I lived, a certain man, named Joseph Arnold, had a dispute with one William McCray about a cow, which was referred to three referees, chosen among the neighbors, who decided that Arnold should keep the cow. Said McCray then went to one Esquire Morehouse, said to be a magistrate in the parish of Kent. Morehouse sent McNeil, a constable of that parish, to the Aroostic set- tlement. The constable came, with five men, armed with guns, pistols, and swords, and took the cow by force from Arnold. Wl)ilst they were there, I asked the constable for hii precept, and for his authority to come into the American territory. He said Alorehouse told him to go and take the animal and the man, wherever he could find them. I saw the writ. It [was] an order to replevy in the parish of Kent. I asked him if he did not know that he was out of the parish of Kent. He said he did not care, for Morehouse would bear him out in anything he did. I told him he had better not come again on any such business. He said, " When I come again, I shall not be obliged to show my authority to a parcel of d d yankee settlers of Aroostic ; that if 25 or 50 men would not do, he would bring 500, armed and equipped, and take every soul, men, women, and children, to Frederickton jail." He did not pretend that he was in the parish of Kent. He said " he was doing his duty, and would go wherever his master should send him." In consequence of this state of things, I have sold out all I possessed for what I could get, and left the country, to return to China, in the county of Kennebeck, in the State of Maine. I raised this year 150 bushels of wheat, 175 of oats, 60 of corn, 200 of potatoes, and garden vegetables. I had built a decent and comfortable log-house and a barn. I had five swine, one cow, and farming ulensils. I had cleared thirty Acres. I sold all my property for $184 28, all on credit, except $32 in 28G [ House Doc. No. 00. ] cnsh. I made this sacrifice solely on account of public didiculties. My farm, I think, was as good land as any in Noith America; and the whole of the country on the Aroostic is very excellent land, and would be rapidly settled if it were not for public ditficulties. My family were contented before the troubles; and had it not been for them, I would not have taken $700 for my property. For the last seven weeks, the inhab- itants of the Aroostifi settlement have been unwilling and a/raid to sleep in thciiown houses, and have retired to the lower pait of the settlement, and spent the night on the banks of the river, and in the woods, and kept watch night and day, as in an Indian war. I arrived here, at Bangor, this 27th of October, 1827, direct from Aroostic. WM. DALTON. State of Maine, ) Periobscot, ] Town of Bangor. On this 27th of October, 1827, the aforesaid William Dalton personally appeared, and made oath to the truth of the foiegoing statement. Before me, EDWARD KENT, J. P. STATE OF MAINE. Secretary ok State's Office, Portland, November 2, 1827. I hereby certify that (he foregoing is a true copy of the original, de- posited in this office. ELLIOT G. VAUGHAN, For A. Nichols, Secretary of State, he being absent. Affidavit of Jonathan Wilson. I, .lonathan Wilson, of Fairfield, county of Somerset, State of Maine, on oath depose and say : That I left Fairfield about the 1st of October, instant, tor Iloulton Plantation and the British Fiovinces, to collect some debts due to me and others. 1 arrived at Iloulton about the 10th instant, and (rom thence went to Woodstock, in the Province of New Bruns- wick, to collect debts. Woodstock is about 05 miles above Frederick- ton. I there learned that Mr. Baker had been arrested by the British authorities. I was told this by Joseph Harvey, formerly of Bangor, State of Maine ; that he was arrested by 45 men, sent up in barges, armed; that he was tak<'n from his bed in the night; that the charge against Baker was for refusing and objecting to jK'tmit the British mail to pass over his land ; thai they confined Bake i in jail, have since tried him, and sentenced him to pay a fine of JCI50, and to six months' ira- ))ii.sonment in Jail, which, to my knowledge, is extremely loathsome, lilthy, and dangerous to health ; and that Baker is now confined there. [ House Doc. No. 90. ] 287 Baker lived on Madawabka river, within the American line. I also learned at Ilonlton, hy my son, Leonard Wilson, who has recently been at the Aroostic, that the settlers there complained hitterly of the oppres- sion of the oflicers and subjects of the Provinces ; that their property was forcibly taken from them, and carried off', even to the last cow. JONATHAN WILSON. ss : State of Maine, Penobscot, Town of Bangor. On tl>e 27th day of October, 1827, the aforesaid deponent personally appeared, and made oath to the truth of the fore- going statement. Befoie me, EDWARD KENT, J. P. STATE OF MAINE. Secretary of State's Office, Portland, November 2, 1827. I hereby certify that the foregoing is a true copy of the original, de- posited in this office. ELLIOT G. VAUGHAN, For A. Nichols, Secretary of State, he being absent. Mr. Vaiighan to Mr. Clay. Washington, November 21, 1827. The undersigned, his Britannic Majesty's envoy extiaordinary and minister plenipotentiary, has the honor to acknowledge the receipt of a note from the Secretary of State of the United States, relative to the })roceedings of the magistrates acting under the authority of his Brittan- nic Majesty in the Province of New Brunswick, against two citizens of the United States, established in British settlements upon the rivers Aroostic and Madawaska. The proceedings, as described in Mr. Clay's note, are supported by two depositions, on oath, which have been transmitted to the Govern- ment of the United States by his excellency Enoch Lincoln, the Gov- ernor of the State of Maine. The affidavit of William Dalton, residing upon the river Aroostic, re- lates to legal process having been instituted against him by magistrates acting under British authority, for the recovery of debts, or for a misde- meanor. The affidavit of Jonathan Wilson relates to the arrest, at Wood- stock, upon the Madawaska river, within sixty-five miles of Frederick- ton, of Mr. Baker, for having interrupted the passage of the mail from New Brunswick to Canada. The rivers Aroostic and P'.Tadawaska are to be found, on a reference to a map made by the British commissioners of boundary under the fifth article of the treaty of Ghent, in that portion of the teiritory of New 283 [ House Doc. No. 90. ] Brunswick enclosed between the two lines of boundary laid down, the one by the British commissioneis, which runs by ISIars Hill, and the other by the American conunissioners, which runs at a distance of about one hundred and forty-four miles from Mars Hill, to the north of it. \\ hatever may have induced the commissioners on both sides to trace the lines above mentioned, as accoidiin; with ihe true intent of the bound- ary laid down in the treaty of seventeen hundred and eighty-three, and subseciucnily in that of Cihent, the (Governments of Great Britain and of the I'nited States have not yet been able to reconcile the dilferent re- ports of their commissioners, and the territory in which the proceedings have occurred lately, and which form the subject of Mr. Clay's note, is still in dispute. The sovereignty and jurisdiction over that territory have conscqueuily remained with Great Britain, having been in the occupa- tion and possession of the Crown pieviously to the conclusion of the treaty of seventeen hundred and eighty-thiee. The undefined or rather unsettled claim of the United States to a por- tion of that territory cannot furnish any pietext for an interference with, or an interruption of, the exeicise of the jurisdiction within that territory by magistrates acting under British authority, on the part of the citizens of the United Stales who may choose to reside in those ancient settle- ments. The undersigned, therefore, is convinced that Mr. Clay will agree with him that there cannot be any grounds for complaint of an undue and illegal exercise of jurisdiction, whatever motive there may be for re- monstiance against the severity with which the laws may have been ex- ecuted. With regard to one of the alBdavits transmitted by the Governor of Maine, that of Jonathan Wilson, it appears that he undertakes to relate the circumstances attending the arrest of Baker on the Mad iwaska, from what he had been told by Joshua Harvey, formerly of Bangor, in the State of Maine. The undersigned takes this opportunity of communica- ting to the Secretary of State some circumstances attending that transac- tion, with which he has been made acquainted by his Majesty's Lieu- tenant Governor of iS'ew Brunswick. In a letter which the undersigned received on the 7th of October last, from his excellency, dated the 11th of Sej)lcmber, he was informed that an alien, of the name of Baker, re- siding in a British settlement on the Madawaska, had, on the 18th of July last, interrupted the passage of the mail from New Brunswick to Canada, by the long-established road through that settlement. Sir Howaid Doug- las transmitted to him, at the same time, copies of depositions taken on oath respecting the conduct of Baker; and leeling that it was his duty, as Ueutenant Governor, not to abandon any right of practical so\ereignty which had been exercised in the disputed territory, which has been held, occupied, and located, as British settlements, for any period within the last century, or even later, he considered that the report which had been made to him of the conduct of P»aUer was fit matter for the cogniz mce of the law oll'iceis of the Crown ; and his excellency accordingly direct- ed the Attorney (General to take such measures as he might deem ne- cessary to enforce the municipal laws of (he P)ovince,and to re|)re>s and punish the disorders which had been committetl. The undersigned has not received from Sir Howard Douglas any re- port yet of the proceedings against Baker subsequently to his arrest. He [ House Doc. No. 90. ] 289 lias the honor (o submit to (he coiisidciation of the Secretary of State the acconij)anyiii^ tiocunieiits, viz : No. 1. A rej)()i't tnado to the Liout(Mi;ui( (Governor, I)y Mr. Morehouse, a magistrate in the ueii^h!)otiu)od of Maihiwaska. No. 2. The deposition of Peter Sileste, rehitive (o the stoj)j)ing of the mail. No. 3. Tiie deposition of William Ferris, rehitive to the Hag of tLc United States having heen hoisted by Baker. Nos. 4 and 5. The depositions of Abrabam Chatnberhiiid and Peter Mar- kee, rehitive to a ])apcr circuhited in a settlement upon tbe Madawaska, for sij;natuies, amoM^;st the inhabitants, by which they were to hind tbciii- selves to resist the British authority. No. C. 'I'iie opinion of the Attorney and Solicitor General of the Prov- ince. The Secretary of State will observe, in the enclosed depositions, that Baker and others asserted that, in the measures sshicii they took, they would be s\ipportcd by the Government of the United States. It is hardly necessary for the undersigned to repeat the assurances wliicli he has re- ceived from the Lieutenant Governor of Brunswick, that his excellency is convinced that the Government of the United States was not, in any shape, aware of the intentions of Baker and his associates. It is evident, from the enclosed documents, that the offensive conduct of Baker was not confnied to stopping the mail, but that he had hoisted tbe flag of the United States in delinnce of British claims, and had sought to engage a party in an ancient British settlement to transfer the jjos- session to the United States. The undersigned has already communicated to the Secretaiy^ of State sufficient pj-oofs of (he decided resolution of his Majesty's I^ieutcnant Governor of New Brunswick to maintain tbe disputed territory in the same state in which his excellency received it after the conclusion of (be Trea(y of Ghent ; and the undersigned is convinced that a mutual s])irit of forbearance animates the General Government of the United States. It is painful to reflect upon the collisions of authority to which both coun- tries are so repeatedly exposed by the long delay which has taken place in finally adjusting the line of boundary on tbe northeast frontier of the United States. In the present state of uncertainty, the limits of the juris- diction of each Government are misapprehended and misunderstood by the class of persons becoming, from time to time, settlers in the disputed district; and too much vigilance cannot be exerted by the authorities on both sides to remove that misapprehension, and control all misconduct aiising out of it. The undersigned requests that Mr. Chy will accept the assurance of his highest consideration. CHARLES R. VAUGHAN. No. 1. Kent, July 26, 1827. Sir : I have the honor to enclose a letter, addressed to me by ^h\ Francis Rice, adjutant of the Madawaska militia, by which you will see the American subjects residing in that settlement arc disposed to , •> of 20 290 [ House Doc. No. 90. ] aggiession, which his excellency may thii)k proper (o take measures to put a btop to. I llicreiore request that vou will lay this bel'ore his cx- Lellcucy,lor his consideration. I have the honor, &c. GEORGE MOREHOUSE. To W. P. Odell. Esq., t^c, Fredtrickton. Grand River, Madawaska^ July 25, 1827. Sir : Having cojumenced (Satiiiday, 21st instant) the militia company traininjf, and finding some disorder among the people, occasioned by Ba- ker and others, in the upper setllemonts, 1 find it my duty to let you know- as much as I am infurmed concerning them. In the first place, they have a wiitten document, wherein thcjsay they have authority from the States to have it signed by the French people of Madawaska. This they have proposed to many of the inhabitants, and J am sorry to say they have per- suaded some of them to sign is. The name of one of the signers is Abra- ham Chomberland. Baker is the head ruan. All this can be proved on oath. In the second place, Baker met the postman, and asked him what he had got with him ; he told him it was the Province mail. Then Ba- ker told the postman that he had orders from the States to stop it ; the man told him that if he was a better man than him, to try and take it. Baker answered, and said that he would let it pass for this time, but at a luture period he would put his ordeis in execution. Sir, if this Baker and others arc not stopped immediately, they wi!J corrupt a great part of our militia. You have heard of the liberty-pole he has raised in this settlement. 1 need not givejou any infoimation as to that. Anything strange that may happen in this place, I will trouble you with the shortest notice. I am, &c. FRANCIS RICE. To George Morehouse, Esq., Kent. Frederickton, July 31, 1827. Sir: Your letter of the 2Gth, to the Provincial Secretary, enclosing a letter Irom Mr. Francis Rice to you, dated 25th instant, having been re- lerred to me by his excellency the Lieutenant Governor, with directions to procure the necessary alhdavits of the facts stated by Mr. Rice, I must request you will be pleased, with the least possible \lclay, to proceed to the place, and j)()ssess yourself of the best proofs of the conduct ol Ba- kci and others, which vou will forward to me, under cover to the Secre- taiy. i send herewith a copy of Mr. Rice's letter, for your guidance. You will be particularly careful to ascertain, if possible, whether Ba- kci is acting under any pretended authority or not; and procure, if you tail, a copy of the pa])er which has been ottered for signature. L House Doc. No. 90. ] 291 Should Baker, or any other person, use any violence or force to ob- struct the post, you will of course con.sider it your duty, upon jcceivin^ the coinphiint, under outh, to cause tlie od'ender to be ariestcd and coni- niitted to jail, unless he gives satisfactory security fur his appearance at the next supreme court, to answer to the charge. I must beg you will lurnish me with a sketch or general description of the lands of which Baker, or any otlier American citizen, is in posses- sion, in the neighborhood of Madawaska, and the length of time they have possessed the same. I have, Sic. T. WETMORE, Attorney General. To George Morehouse, Esq. Endorsed. — Refer to the Attorney General, to procure the necessary affidavits of facts, as slated in this. H. D. July 31, 1827. Kent, August 11, 1827. Sir: In compliance v.ith your request, contained in your letter of the 31st July, I proceeded without delay to Madawaska, to inquire intoihe conductor Baker and the American citizens in that settlement, on v.hich, for the information of Government, 1 beg leave to make the following re- port : After getting the affidavits of some of the French settlers, I wient up the river to where tliere is a settlement forming by Americans, and endeavored to get in my i)ossession the paper which had been ofiered for signatures, but found that quite out of the question : they positively re- fused to let me see it. As soon as it was known that I Avas in the set- tlement. Baker and others hoisted the American flag, as a token of defi- ance. I ordered him to pull it down; instead of complying. Baker, as their organ, made the following declaration : That they had hoisted that flag, and that they had mutually entered into a written agreement to keep it there ; and that nothing but a force superior to their own should take it down. That they considered, and had a right to consider, themselves on the territory of the United States ; and that they had bound themselves to resist by force the execution of the laws of Great Britain amongst them ; and that they had a right to expect, and would receive, the protection of their Government in what they were doing. It seems the flag in question was first raised on the 4th of .Tuly last, when Baker, a few days previous, personally invited the most of the French settlers to join them in that act ; but I am happy to have it in ray power to say that but few complied. I find that they are using every argument to induce the French people to declare themselves American subjects ; and I fear, if these fellows are not well looked after, they will eventually succeed in their designs ; for I find their insinuations have actually had the effect to throw some of the people in doubt, whether they are to consider themselves as British or American subjects; and I trust that his Majesty's Government will speedily take such measures as will convince the French settlers of Mad- awaska that the Americans have no right to act as they do, and crush 292 [ House Doc. No. 9o. ] this banditti ; for I feel convinced that, unless this transaction is prompt- ly followed by some other to suppress them, the French, it is more than probable, will shortly consider us the intruders. 1 herewith send the airulavits of the postman, whom Baker was said to have stopped, which will show what passed between them ; also, a list of American citizens settled on the river St. John's, above the French settlements. I liive, &c, G. MOREHOUSE. Thomas WetmorEj Esq., &c. No. 2. New Brunswick, York, ss : Peter Sileste, of the Madawaska settlement, in tlic parish of Kent, and county of York, in the Province of New Brunswick, maketh oath, and saith: That on the ISlh day of July, 1827, as this deponent was proceed- ing up the river St. John's, in charge of the mail for Canada, one John Baker, an American citizen, who resides in Madawaska, met him near the chapel, when the said Baker demanded of this deponent what he bad in his canoe ; on being told by this deponent that it was the mail for Canada, the said Baker then declared that England had no right to send her mails that routc,^ and that he (Baker) had received orders from the Government of the United States to stop them ; but, on the dei)onent's saying that he should not have that mail without he was a better man than deponent, he (Baker) said it might pass for that time, but for the future it should not, as he was determined to put the orders of his Gov- ernment into execution. PETER SILESTE, his + mark. Sworn before me, at Madawaska, in the j)arish of Kent, this 9th day of August, 1827. GEORGE MOREHOUSE, Magistrate /or the county oj York. No. 3. New Brunswick, York, ss : William Fcirio, of Madawaska, in the parish of Kent, county of York, and Province of New Brunswick, maketh oath, and saith ; That by an in- vitation from John Baker, an American citizen, who resides in Mada- waska, he, the dci)onent, went to the said Baker on the 4th July last, 1827 ; that Baker and the other American citizens then raisf:d a flag- stalf, and placed the American Hag thereon; that he, the said Baker, then declareion of the treaty of IIUS, ilit were his intention (o de.^ciibe any o(her than a constructive possession. Biior to that epocii, the whole country now in contest was an uninhabited \va^te. Being, then, v.n undisputed pait of (lie territory of (he King of GrCiit Britain, lie had the constructive, and tlie right to the actual, pos- session. If, as (he Government of (he United Slates contends, (he dis- j)i:tf d territory is included within their limits, as defined in the j)ro- A isional aiticles of peace between (he United States and Great Britain, of November, 17S2, and (he definitive treaty ^vhich was concluded in Scptembej- of the follow ing year, the prior right of Gteat Britain became thereby transferred to the (Jovernment of tlie United States, and it drew alter it the constructive })ossession of the dis))uted territory. The settle- ment on the iSiadawaska, the earliest that has been made w ithin its limits, was an unauthorized intrusion on the i)ropciiy of the State of Massachu- setts, to which the teiritoiy then belon<;,ed, by individuals, posterior to the treaty of 1783. That settlement of those individuals could not af- fect or impair, in any manner whatever, the right of (he State of Massa- chusetts, or give any strength to the pretensions of the Biitish Govein- mei;l. 'J'he settlers, in consequence, probably, of their remoteness, and their quiet and ))eaceable conduct, do not aj)pear, for a long tinje, to iiave attracted the attention of either the State of MassacJiUsetts or that of the adjoining Biitish Pi evince. It was not until the year 1790 that the Government of New Brunswick took Uj)on itself to grant lands to the intruders. No knowledge of these grants is believed to have been obtained, until recently, by either the Government of Massachusetts or Maine, or that of the United States. The Provincial Government had no color of authority to issue those grants for lands then lying within (he Slate of Massachusetts. It cannot be admitted that they aii'ected the rigiits of the United States, as acquired by the treaty of peace. If, in consequence of the Madawaska settlement, a possession de facto was obtained by the Government of New Brunswick, it must be regarded as a possession limited by the actual occupancy of the settlers, and not ex- teiuiing to the uninhabited potiions oi' the adjoining waste. Althou>;h, subsequent to the year 17130, the Provincial Government appears to ba\'e exercised, occasionally, a jurisdiction over the settlement, it has not been exclusive. As late as 1820, the inhabitants of the settlement were cmimerated as a part of the j)opulation of the United States, by (heir olllcers charged Avilh (he duty of taking the periodical census foi- \vhich their constitrition and laws provide. 'ihe settlement of John Baker appears to have been made outside of the Madawaska settlement, upon contiguous waste lands. Otiier Amer- ican citizens established themsi^lves in hi.s neighborhood. Whatever jiiiisdiction the Government of New Brunswick might claim in virtue of the Madawaska selllement. being confined to it^ could not he liglitfuUy extended to Baker and his Ameiican neighbors. Even if he had been guilt}' of any iriegular ily of ciHiduct, he was not amenable to (he Pro- \iii( iai Governmerit, but to his o-tvn. His aiie^-t, therehMc, on (lie dis- [ House Doc. No. 90. ] 297 puted ground, and transportation from it to Frederickton, at a considor- a!)le distance from his family, and lii.s confincntont there in a h)alh9oine jail, cannot hi; jiistided. It is a prococdinj; which seeiiis to have heen adopted without regard to the rights of the United States in the territory in question, and which assumes an exclusive jurisdiction on the part of the Provincial Government. Nor is it compatible with that moderation and loi bearance which, it has been understood between the two (Govern- ments, should lie mutually })ractised, until the question of riii;ht between them was finally settled. 1 am charged, therelbre, by the President, to demand the inunediate liberation of John IJaker, and a lull indemnity for the injuries which he has sullered in the arrest and detention of his person. Nor can the President view with satisfaction the exercise of juris- diction, on the part of the Provincial Government, over the settle- ment on the Aroostook. That settlement was made only about six years ago, partly by American citizens, and partly by British subjects. The settlers supj)osed they were establishing themselves on American groiind, and beyond the British jurisdiction. It has been only within these three or four years past that the Provincial Government has undertaken to is- sue civil process against tiie settlers ; and as late as last summer, pro- cess for trespass and intrusion on the Crown lands was, for the first time, issued. 'J'hese proceedings cannot be reconciled witli the resolution, which you state to have been adopted by his Britannic Majesty's Lieu- tenant Governor of New Brunswick, to maintain the disputed territory in the same state in v»hich his excellency received it after the conclu- sion of the treaty of Ghent. Nor can they be reconciled with that mu- tual forbearance to perform any new act of sovereignty within the dis- puted territory, having a tendency to strengthen the claim of the party exercising it, which it has been expected would be observed by the two Governments, during the progress of their endeavors amic?.hly to adjust the question of boundary. The'undersigned must protest, in behalf of his Government, against any exercise of acts of exclusive jurisdiction by the British authority on the Madawaska, the Aroostook, or within any other part of the disputed territory, before the final settlement of that question : and he is directed to express the President's expectation that Mr. Vaughan will make such representations as will prevent, in future, any such juiisdiction from being exerted. The undersigned requests Mr. Vaughan, on this occasion, to accept assurafices of his high consideration. II. CLAY. Mr. Vaughan to Mr. Cloy. Washington, February — , 1S2S. The undersigned, envoy extraordinary and minister plenipotentiary of his Britannic Majesty, has the honor to acknowledge the receipt of a note from the Secretary of State of the United States, enclosing a copy of the report made by the agent of the General Government, and a copy of the report r.iade by the agent of the Government of the State of Maine, 298 [ House Doc. No. 90. ] sent to inquire into the proceedinpis which took place, not lonsj; since, in tlic disputed territory within the Pioviiu:t; of New Brunswick. The uiidcrsiiincd has not any rcniai ks to make upon the rej)orts whicli have been siihuiitted to him; but lie is t;la(l to learn, from Mr. ChiV'S note, that it apjiears, from those reports, that some misrepresentation took place in the accounts which had reached the Government of tiie L'nited States, respecting the recent disturbances which took place amongst the settlers in the disputed territory. The Secretary of State expresses his dissent to the principle laid down by the undersigned, in his note of the 21st of November last, that the sovereignty and jurisdiction over the territory in dispute continue to be vested in Great t5iitain, until the two CJovernnients shall have reconciled their dilicrences respecting the line of boundary. Mr. Clay observes that the United States contend that possession was transferred to them by the treaty of 1783, which places the disputed territoiy within their limits. Wjiatever may be the conviction of tl)e Government of the Uni- ted States with regaid to the extent of the limits assiijned to it by that treaty, those limits are still undefined and remain unadjusted ; and, nut- withstanding the reports of the commissioners of boundary, and after le- peated negotiations, remain to be settled by a reference to a friendly sov- ereign, it is .the opinion of the undersigned that the sovereignty and jurisdiction of the disputed territory rests with Great Britain, until that portion of it designated in the tieaty of 17S3 shall have been finally set apart from the British possessions, as belonging to the United States. The British settlement upon the Madawaska river is considered by Mr. Clay as an unauthorized intrusion on the property of the State of Massachusetts. When the treaty of 1783 was concluded, New Bruns- wick had not been erected into a separate Province, but it was included in the Province of Nova Scotia. The St. Croix river was then consid- ered to be the boundary, on the northeast, of Massachusetts, and on the west, of Nova Scotia. Some dilBculty might have arisen about the exact boundary between that Province and Massachusetts, on account of the uncertainty of the limits of Acadie, (which now forms the Province of New iirunswick,) as ceded by France to Great Britain in 1713. The undersigned, however, cannot acquiesce in the pretensions of Massachu- setts to the territory upon the Madawaska, which lies to the north of the St. John's, and falls into tiiat river, at a distance from its source. It re- mains to be seen, when the position of the northwest angle of Nova Scotia shall have been determined, whether (he line of boundary between Great Britain and the United States will intersect any portion of the Madawaska territory. In the mean time, the undersigned begs leave to express his conviction that neither the establishment of settlements upon that river, nor the grants of land made to the settlers by the (jovernuicnt of New Brunswick in 1700, can in any shape ad'ect the iinal settlement of th(! buundary, or tend, as Mr. Clay seems to imagine, to strengthen the claims of Great Biitain, or in any manner to invalidate the rights ac- quired by the United States, under the treaty of 1783. The Secretary of State obseives, in his last note, tliat the jurisdiction (;xerciso(l by the Government of Now Brunswick in the Madawaska set- tlement has not been exclusive, inasmuch as an iigent sent by the Gov- ernor of the State of Maine took a census of the population in 1830, as [ House Doc. No. 90. ] 299 belongins; to that State. The undersigned bej^s leave to remind Mr. Clay that tliat attempt of the State of Maine to interpose its jurisdiction was considciod l.y the lititish Government as an encroachment, and it was the subject of a remonstrance to the (iovernment of the United States. With regard to the arrest of John Baker, surely bis outrap;eous conduct in stopping the mail from Canada, in hoisting the American Hag, and forming a combination to transfer the territory in which he resided to the United States, made him amenable to the laws. Although his resi- dence, as it is observed by Mr. Clay, was not actually in the Madawaska settlement, it was within the jurisdiction of New Brunswick, and he knew it, as he had applied for and received, in 1832, the bounty upon corn grown in newly cultivated ground, given by the Government of that Province. A moderate bail was demanded of Baker for his appear- ance to take his trial. He did not profit by this offer of the magistrates, and thereby obtain his release from confinement, because he understood that a writ had heen taken out against hira by some one of his creditors. It does not appear that the proceedings have been carried on against him with any unusual severity, and, after the investigation which has taken place into all the circumstances attending his arrest, the undersigned did not expect that the President of the United States would have demanded his immediate liberation, and full indemnity for the injuries he has suf- fered, by the arrest and detention of his person. A copy of the note which the undersigned has had the honor to receive from the Secretary of State shall be immediately transmitted to his Majesty's Government and to the Lieutenant Governor of New Brunswick. It appears that the President of the United States does not view with satisfaction the exercise of jurisdiction by the Government of New Bruns- wick in a settlement upon the Aroostook river, v/hich had its origin in the unauthorized residence of stragglers from other districts. They re- mained for some time unnoticed, but, within the last three or four years, civil process has been issued against the settlers by the Provincial Gov- ernment, which Mr. Clay is at a loss to reconcile with the resolution which the undersigned has stated to have been adopted by the Lieutenant Governor of New Brunswick, to maintain the disputed teriitory in the state in which it was after the conclusion of the treaty of Ghent. The undersigned is convinced that Mr. Clay will admit that no part of the disputed territory can be left without the control of any civil authority. All persons, of whatever description, who take up their residence in the disputed territory, are within the British jurisdiction until the boundary line is adjusted, and are amenable to the Government of New Bruns- wick, and owe a temporary allegiance to his Majesty, so long as they remain under his protection. It is not for the Lieutenant Governor of New Brunswick to surrender up the exercise of an ancient jurisdiction ; but in strict conformity with his resolution, above alluded to, his ex- cellency has exercised it with great moderation, by refusing to make grants of land, and by suspending the issuing of licenses for the cutting of timber, and by strictly enjoining all mag'istrates under his control to prevent trespasses and intrusions of every description. The Secretary of State may rely upon the moderation with which the jurisdiction will be exercised by his excellency over the disputed territory. 300 [ House Doc. No. 90. ] l)jtb( The undersigned has observed that a misconception pervades all papers which have fallen under his notice from the State of Ma The disputed territory is invariably represented as a part of that Sts unjustly v/ithheld from it; overlooking, always, the difficulties wh Great iiritain and the United States have encountered in appropriat and setting apart that portion which belongs to the United States un( the treaty of 1783, and which have so uniortunately kept, as it wcie,»r'''*''^ abeyance, the title of the United States. The undersigned cannot conclude this note without expressing W^ anxious wishes that the measure, now resorted to by both Governmer pGS'^^" of arbitration, may put at rest, forever, the question of boundary, whilW^^''' has lately so repeatedly occupied the attention of the Secretary of Stii'S^'r'" and of the undersigned. IP""'--' The undersigned requests Mv. Clay to accept the assurances of r""'" highest consideration. CIIAS. R. VAUGHAN. Mr. Clay io Mr. Vaughan. ; cor. )l r. m iGovf Department of State, Washington, March 17, 1828. The undersigned, Secretary of State of the United States, in acknovF"'', edging the receipt, on the 2dth ultimo, of the note of Mr. Vaughan T"^' the ^ day of that month, in answer to that which the undersign<|f '" had the honor to address to him, transmitting the reports made by tl agents of the United States and the State of Maine, would have restri(F° ed himself to a simple expression of his satisfaction with the engagemef,'*' of Mr, Vaughan to lay the demand of the Government of the VnittP^' States for the immediate liberation of John Baker, and a full indemniif P^ for the injury he had suffered by his arrest and detention, before the Go^*™' ernments of Great Britain and the Province of New Brunswick, but fc certain opinions and principles advanced by Mr. Vaughan, to which thP undersigned cannot assent. And he feels it to be necessary, to guar'p against any misinterpretation from his silence, expressly to state his dis sent from them. In doing this, he will avoid, as much as possible, an discussion of the respective claims of the two countries to the disputec tenitory. If it were necessary to enter into that argument, it would no be difficult to maintain as clear a right, on the part of the United States to that territory, as they have to any other portion of the territory whic'};|'^^ was acknowledged by Great Britain to belong to them by the treaty ol'P^' 178.3. But as, by the arrangements between the two Governments, the question of right has received a different disposition, it is unnecessary to. give it a particular consideration here. The correspondence which thoj'^' undersigned has had the honor of holding with Mr. Vaughan has relatec' to the intermediate possession, and to acts of jurisdiction within the dis puted territory, until the right is finally settled. It would furnish a jus. occasion for serious regret, if, whilst the settlement of that question i.-i in amicable progress, any misunderstanding should arise between the two Governments, in consequence of what must be regarded by the Govern- P ment of the United States as the unwarranted exercise of a right of juris- r ,1s so I Till [ House Doc. No. 90. ] 301 ion by the Government of the Province of New Brunswick within (lisputed teriitory. fhe undersi2;ned cannot concur in the opinion that the limits of the iity of 1783 being undefined and unadjusted, the sovereignty and juris- ion of the disputed territory rests with Great Britain until that por- of it designated in the treaty of 1783 shall have been tinally set rt from the British possessions as belonging to the United States. Mr. jghan's argument assumes that some other act of setting apart the ter- nes of the United States from those of Great Britain, than the treaty ijjeace of 1783, was necessary ; and that, until that other act should be formed, the United States could not be considered in possession. is argument would prove that the United States are not now lawfully possession of any portion of the territory which they acquired by the ;• of their independence; the treaty of 1783 being the only act of sep- tion in virtue of which they are in possession of their territory. If, he conclusion of the treaty of 1783, Gieat Britain had had the actual, i not merely constructive, possession, and that actual possession had along remained with her, Mr. Vaughan might have contended that Government of Great Britain had a right to exercise a jurisdiction, facto, over the disputed territory. But at that epoch, neither party I the actual possession of the disputed territory, which was then an nhabited waste. Which of the parties had the right of the possession, )ended upon the limits of the treaty of 1783. lt\ as the United States itend, those limits embrace it, they had the right both of sovereignty 1 to the possession, and Great Britain could not lawfully exercise ler. It is true that Great Britain assei ts that those limits do not com- hend the disputed territory. On that point the parties are at issue, 1 cannot agree. They have, however, amicably agreed to refer the :ision of it to a common friend. Whilst the experiment is making for 5 peaceful settlement of the question, ought either of the parties to ume the exercise of soveieignty or jurisdiction within the contested ritory ? If he does, can he expect the other party to acquiesce in it, to look on with indifference ? It was a mutual conviction of the irri- ng consequence which would ensue from the exercise of a separate isdiction by either of the parties, that led to the understanding, which ,; ; so long prevailed between them, to abstain from all acts of exclusive :ii isdiction which might have a tendency to produce inquietude. In con- j mity with that understanding, licenses to cut timber from the disputed ritory, granted by the provincial authority, had been revoked, and the ictice of cutting and removing the timber has been understood by the J vernnient of the United States to have been discontinued, t follows, from the view now presented, that the undeisigned cannot »|)scribe to the opinion that the jurisdiction of the British Government, ough its provincial authority, over the disputed territory, has contin- i with Great Britain, notwithstanding the treaty of 1783. To main- n that opinion, Mr. Vaughan must make out, either, first, that the ms of the treaty do exclude altogether the disputed territory ; or that, they include it, actual possession of the disputed territory was with (jeat Britain in 1783. Neither proposition can be established. (Mr. Vaughan seems to think that some civil government is absolutely itcessary within the disputed territory. U its utility be conceded in I I 1 i 302 [ House Doc. No. 90. ] reference to the inhabitants, it wouhl not be a necessary consequence that the tioverninent of IS'ew Briu.sw ick, ;uid not the State of Maine, ouglit to exert the requisite civil authority. The alleged irregularity of the conduct of John Baker is relied upon bv Mr. Vaughan as tbrining a justification for his arrest, and the subsequent proceet4ings against hi;n in the courts of New Brunswick. 'I'he President is far from being disposed tt) sanction any acts of Mr. JJakcr, by which, on his private authority, he would undertake the settlement of a national disj)ute. He derived no power for any such acts, either I'rom the Govern- ment of the United States, or, as is believed, from the Government of Maine. National disputes ought always to be adjusted by national, and not individual authority. The acts of Baker complained of were, how- ever, performed by him under a belief that he was within the rightful limits of the State of Maine, and with no viev/ of violating the ter:itory or oli'ending against the laws ot Great Britain. This case, therefore, is very diilerent from what it would have been, if the irregularities attrib- uted to him had been committed on the uncontested territory of Great Britain. The undersigned finds himself as unable to agree that the misconduct of Mr. Baker, whatever it may have been, warranted the Government of New Brunswick ifi taking cognizance of his case, for the purpose of try- ing and punishing him by British laws, as he was unprepared to admit that the want of civil government, on the part of the iidiabitants of the dis- puted territory, created a right in the Government of New Brunswick to supply, in that respect, their necessities. In assuming that Baker render- ed himself amenable to the laws of New Brunswick, Mr. Vaughan de- cides the very question in controversy. He decides that the part of Maine in contest appertains to the Province of New Brunswick, and that the laws of New Brunswick can lun into the State of Maine, as the limits of that State are understood to exist by the Government of tiie United States. The Provincial Government of New Brunswick, in the arrest and trial of Baker for acts of his, done on the disputed territory, commits the very eiror which is ascribed to Baker, that of undertaking, in ellect, to determine a national question, the decision of wliich should be lelt to the Goveinmerits of Great Britain and the United States, which are, in fact, endeavoring peaceably to settle it. It would have been more conlbrmable with good neighborhood a; d the respective claims of the two Governments, as w^ell as the mutual for- bearance which they stand pledged to each other to practise, if a friendly representation had been made to the Government of the United States of any miscoiuluct charged against John I'laker, or any other citizen of the Unitf.'d States itdial)iting the disputed territory, accompanied by ai-equ< - for the redress called lor by the nature of tiie case. Such was thu course pursued by Sir Charles Bagot, as far back as the year 1518. In December of that year, he had an interview with the then Secretary of State, in which he pieferred a complaint of irregular settlements attempt- ed by citizens of the United Slates on the li-.nds in controversy. The Secretary of State, on rerciving the compbiint, staled that he supposed ' the settlers were of that class of intruders denominated S(iuattets, mean- ing persons who commence settlements upon the public lands without title ; that as, by Mr. Bagot's representation, it appeared that they were [ House Doc. No. 90. J .'303 cnterinp; on tlic disputed borders in fauiilics, pcacca])lo means would, doubtless, be sulRcienf, to remove them ; and that, il" he, Mr. IJuj^ot, would procure and communicate their names to the Secretary of State, he would invite the Governor of Massachusetts to take the necessary measures for restraining them. But their names were never, in fact, dis- closed to this Government. Among the papery recently comninnicated by the Governn)cnt of New Brunswick to Mr. Barrell, the agent of the United States, the President has observed, with regret and surprise, a letter from Mr. Bagot to the Lieutenant Goveinor of the Province, bear- ing date the 8th of December, 181S, in which, after referring to the above interview, Mr. Bagot gives it as his opinion that the Government of New Brunswick might remove the settlers by force. This conclusion is not only unwarranted by anything which passed at that interview, but, I am directed to say, is contrary to that which the Government of the United States had reason to expect would have resulted from it. So far from conceding a right in the Government of New Brunsvvick forcibly to remove those persons, their names were requested, to enable their own Government to operate upon them, if necessary. In the letter from Mr. Bagot to the Lieutenant Governor of New Brunswick, he clid, agree- ably to the request of the Secretary of State, ask for their names, whilst the advice that the Goveinmenl of New Brunswick shotdd forcibly re- move them as intruders obviously superseded the only practical purpose foi which their names had been desired, that the Governor of Massachu- setts might be called upon, by peaceable means, and by his lawful authority, to restrain them. 'I'he enumeration of the settlers on the Madawaska, as a part of the population of the United States, which took place in 1S20, was not un- der tiic authority of the State of Maine ; it was made in virtue of the laws of the United States, and by otRcers duly commissioned by them. Mr. Vaughan says there was a remonstrance against it at the time ; no trace of any such remonstrance is discernible in the lecords of this De- partment. in the note which Mr. Vaughan addressed to the undersigned on the 2Lst day of November last, it was stated that the Lieutenant Governor of New Bruiiswick had resolved to maintain the disputed territory in the state in wliicb it was at the conclusion of the treaty of Ghent; that treaty was signed on the 24tli December, 1814, and the exchange of its ratifications was made on the 17th day of February of the ensuing year. More than seven years thereafter, and four years after the interview be- tween Sir Charles Bagot ami the Secretary of State, certain persons, W'ithout authority, settled themselves on the waste and uninliabited lands of the Aroojtook, within the disputed territory, supposing that they were occupying American ground. Within only three or Jbur years past, the Provincial Government has undertaken to issue civil process against the settlers, ibr the purpose of enlbrcing the collection of debts, and the per- formance of other social duties. The undersigned, in his note of the 20th ultiiiif, has stated that he could not reconcile this exercise of juris- diction Viit'i the above resolution of the Lieutenant Goveiijor of New Brunswi'-., and he is still unable to perceive their compatibility. If the Lieuten;uif. Governor had applied to the Government of the United States to remove the settlers, he would have manifested a disposition to 304 [ House Doc. iXo. 90. ] preserve the disputed territory in the state in which it was at tho con- clusion of liie treaty of Ghciit. But, by ticuiing the settlers as Biitish sulijfcts, and enforcing; on thuni Brilish laws, tiicre is, at the same time, a manifest depaiture from tlie resolution formed by the Lieutenant Gov- ernor, and a disie^^ard of the lawful ris^his of the United States. l( a succession of illegal settlements can be made within the territory, and if these unauthorized intrusions lay a just j;round for the exercise of Biitish authority, and the enforcement of Britisli laws, it is obvious that, so far Irom maintaining the countiy in the uninhabited state in which it was at the date of the treaty of Ghent, the whole of it may become j)eopled, and be broui;ht, with its irihabitants, undt;r British subjection. Mr. Vau^han supposes that the acts of British authority, to which the undersigned in the course of this coriespondence has had occasion to object, can in no shape aflect the final settlement of the boundary, nor tend to strengthen the claims of Great Britain, nor in any manner to in- validate the rights of the United States. If there were an absolute cer- tainty of a speedy settlement of the boundary within a definite time, Mr. ^'aughan might be correct in supposing that the rights of the lespective pai ties w.iuld not be ultimately affected by those acts of jurisdiction. But it is now near half a century since the conclusion of the treaty of peace out of which the controveisy grows, and it is more than thirteen years since the final ratification of that of Ghent, providing a mode of amicably settling the dis;)Utc. Il remains unadjusted. Mr. V'aughan himself has repeatedly expiessed regret, in which the undersigned has fully participated, on account of the delay. Judging from past expe- rience, as well as the uncertainty of human affairs in general, we are far from being sure when a decision will take place, if, in the mean time. Great Britain were to be allowed quietly to possess herself of the disputed territory, and to extend her sway over it, she would have no motive for co-operating in quickening the termination of the settlement cf the question. Without inq^uting to her a disposition to prociastina- tion, she would, in such a state of things, be in the substantial enjoyment of all the advantages of a decision of the controversy in her favor. The President of the United States cannot consent to this unequal condition of the parties ; and the undersigned, in conclusion, is charged again to jjrutest against the exercise of all and every act of exclusive jurii.diction on the part of the (iovernn»eut of the I'rovince of New Brunswick, and to announce to Mr. Vaughan that that Government will be responsible lor all the consequences, whatever they may be, to which any of those acts of juiisdittion may lead. 'J'he undersigned ic(juests Mr. Vaughan to accept the renewed assu- rances ol bis high consideration. II. CLAY. Right Ilcni. Cmaki.ks R. V'augha.v, &c. Mr. Vavi^haii to ilfr. Clay. Washington, March 25, IS28. The undersigned, his Britannic Majesty's envoy extraordinary and minister plenipotentiary, has tho honoi- to acknowledge the receipt of [ House Doc. No. 90. ] 305 the note of the Secrct.iry of State of the United States, dated the 17th instant, in which, in order to guard against any misrepresentation of his silence, he lias taken occasion to express his decided dissent from the principles and opinions advanced by the undersigned, in justification of certain acts of jurisdiction which have been exerci.sed in the disputed territory by the provincial authorities of New Brunswick. As it is the intention of the undersigned to submit to the consideration of his Majesty's Government the correspondence which has taken place between the Secretary of State of the United States and himself, he is not disj)osed to prolong the discussion respecting the exercise of juris- diction in the disputed territory. When he received the complaints against the conduct of the Lieuten- ant Governor of New Brunswick, he thought it his duty to suggest the grounds upon wliich that conduct might be justified, and the irritation might be mitigated which was likely to arise out of it. The undersigned is at a loss to understand the distinction made by Mi. Clay between the actual and constructive possession of the disputed territory previously to the conclusion of the treaty of 1783. Though a part of that territory was uninhabited, and in a state of waste, so far from neither party having the actual possession, the sovereignty and pos- session of the entire Province of Nova Scotia was vested, indisputably, in his Britannic Majesty ; and it is the received opinion that the pleni- potentiaries engaged in concluding the treaty of 1783 did intend and did agree to leave untouched the rights of his Majesty over the Province of Nova Scotia. The boundary, from the mouth of the river St. Croix to its sources, is clearly defined ; the right continuation of the line entirely depends upon the position of the northwest angle of Nova Scotia, which the British commissioners of boundary, under the fifth article of the treaty of Ghent-, have placed at Mars Hill, and the American commissioners have placed at a great distance to the northward, and not far from the right bank of the river St. Lawrence. The undersigned agrees with Mr. Clay in wishing to avoid any discus- sion of the claims of the respective Governments; but he has ventured to point out the very great difference between the commissioners of boundary, as he conceives that, until that difference shall be reconciled, jurisdiction must continue to be exercised within the disputed limits by the original possessors. A joint jurisdiction appears to the undersigned inadmissible, as it must prove inijjracticable. The undersigned cannot acquiesce in the opinion given by Mr. Clay, that the issuing of legal process, within the last few years, in a settle- ment upon the river Aroostook, formed originally in an unauthorized manner by stragglers from other districts, is to be considered as an in- fringement of the engrigement of the Lieutenant Governor of New Brunswick to preserve the disputed territory in the state in which it was at the conclusion of the treaty of Ghent. These settlements were established previously to the Government of New Brunswick being con- fided to Sir Howard Douglas ; and the undersigned conceives that it was not optional in his excellency to exercise, or not, jurisdiction within the limits of his Province. Proceedings in a tract of land upon the river Madawaska, in which a 21 SOG [ House Doc. No. 90. ] settlement was established soon after the treaty of 1783, by French Aca- dians, have riinii?hed, re})eatodly, cause of remonstrance to both Govern- ments. From tlie date of 17bti, the laws by which those settlers have been governed, and the magistrates by whom those laws have been exe- cuted, have been derived from New Brunswick. Whether any and what part of that settlement belongs to the United States depends upon the provisions of the treaty of 1783. Until the two Governments can agree upon the true intent of that treaty, possession and actual jurisdic- tion remains with Great Britain. it is true that, in 1820, there was an attempt lo invalidate that juris- diction, when the marshal of the Stale of Maine sent an agent to enu- merate the population of that settlement, under a law enacted by the General Government of the United States. The undersigned learns, with regret, that there is no record in the Department of State of a re- monstrance against that proceeding by the British Government, as he had asserted. Such was the conviction upon his mind, justified by the fre(iuent remonstrances which he has been called upon to make, since the summer of 1825, against proceedings of agents from tiie State of Maine, authorized to sell lands, and to lay out roads and townships in the same district. With regard to the arrest of Baker, the Secretary of State, in his last note, seems to think that, as he comnjitted the outrage for which he was taken up, under a conviction that he v. as upon territory belonging to the United States, a representation should have been made of his offence to the Government of the latter. The undersigned has only to refer the Secretary of State to his note dated the 27th February, where it is shown that Baker was perfectly aware of his residing within the jurisdiction of New^ Brunswick, as he had received the provii;cial bounty for corn raised upon land newlv brought into cultivation. The undersigtied regrets that he should have found himself under the necessity of making the foregoing observations ; and he cannot conclude without expressing his earnest wish that the reference to arbitration may relieve the Secretary of State and the undersigned from any further dis- cusjsion relative to the boundary on the northeastern frontier of the United States. The undersigned avails himself of this occasion to renew to Mr. Clay the assurance of his distinguished consideration. CHAS. R. VAUGHAN. Tl;e Hon. H. Clay, &c. Mr. Vaughan to Mr. Clay. Washington, Jinie 4, 1828. The Secretary of State of the United States, in a note dated the 20th Febiuaiy, 1828, slated to the undersigned, his Britannic Majesty's en- voy extraordinary and minister plenipotentiary, that he was charged by the Biesident to demand the immediate liberation of John Baker, ( arrest- ed by the Biitish authorities of Niw Brunswick,) and a full indemnify for the injuries which he had sirfTered by the detention of his person. [ House Doc. No. 90, ] 307 The undersigned, in an answer to (hit note, dated the 27th Fehiumy, had the honor to observe that, after the inves(ig.»tion, which hud then already taken place, into ail the circumstances attending the arrest of Baker, and as the proceedings instituted against hitn had not been car- ried on with any unusual severity, he did not ex|)e(;t that the President of the United States would have demanded his release, and an indemnity for his injuries. The undersigned, however, assured Mr. Clay that a copy of his note of the 20th February should be transmitted botli to his Majesty's Government and to the Lieutenant Governor of New Bruns- wick. The undersigned has now the honor to lay before the Government of the United States a copy of a letter which he has received from his Majesty's Lieutenant Governor of New Brunswick, enclosing a report of the proceedings on the trial of John Baker, at Frederickton, on the 8th jMay, which has ended in Baker being found guilty, and a sentence being passed upon him of fine to the amount of twenty-five pounds ster- ling, and of imprisonment for two months. The Lieutenant Governor of New Brunswick expresses his regrets in the enclosed letter that he cannot remit the punishment of Baker, and states his motives for not interfering with the regular course of law, un- less he should receive instructions to do so from his Majesty's Govern- ment, in consequence of the demand made in the note of the Secretary of State of the United States, of the 20th of February last. The undersigned has (he honor to request that Mr. Clay will accept the assurances of his highest consideration. CHAS. R. VAUGHAN. The Hon. Henry Clay, Ai.c Frederickton, May 12, 1828. Sir : I have the honor to acquaint your excellency that John Baker appeared in court at the term to which the indictment upon which he had been arraigned was traversed, and after a trial, conducted in all re- spects in a mild, liberal, and satisfactory manner, was found guilty, and has been sentenced to two months' imprisonment, and to pay a fine of £25 to the King. I have the honor to transmit, Irerewith, a report of the trial, which I certify to your excellency to be full, authentic, and coirect ; and by which you will perceive that all the subversive acts reported in my de- spatch of the 11th September, 1827, to your excellency, have been fully proved, and that it was established in evidence that an actual practical sovereignty has been exercised by Great Britain on that part of the ter- ritoiy in which those subversive acts have been committed for upwards of thirty years. I regret that I cannot, under existing circumstances, safely yield to those merciful considerations which might have induced me to remit the punishment to which Baker has been sentenced ; but in the face of the demand that has been made for the release of, and indemnity to. Baker, upon grounds the reverse of those shown in the report of the Amer- ican agent, Mr. Barrell, and entirely disproved by the evidence which 308 [ House Doc. No. 90. ] came out on the ti ial, 1 conbider, and am advised, that it is the safest nrocetdiiig for tliis Govcrnmenl to let tlie law take its course, unless I should lercive contrary instructions from his Majesty's Government, in consequLiice of the demand which has been made for the release of Baker. HOWARD DOUGLAS. Report of the trial oj Joh.i Baker ^ at the bar of the Supreme Court, on Thursday the Sth of May^ 1828, /or conspiracy. In the Hilary term of the supreme couit, the grand jury for the coun- ty of York found a true bill of indictment against John Baker, James Ba- con, and Charles Studson, for conspiracy. The two defendants, James Bacon and Charles Studson, were not taken; but the defendant, John Baker, being in custody, was brought to the bar and arraigned, and thereupon pleaded not guilty, at the same time protesting against the proceedings, and that he was not amenable to the jurisdiction of this court. He was afterwards, during the term, admitted to bail, and entered into recognizance himselt in £100, and two sureties in JCoO each, for his ap- pearance at the present term, to traverse the indictment, and, in the mean time, to keep the peace and be of good behaviour. On Wednesday, the 7th instant, the Attorney General states to the court that, having understood the defendant, John Baker, was in attend- ance, he should be ready, at the opening of the court on the next day, to proceed with the trial. One of the bail for the defendant then said that tht' defendant would appear whenever he was required. Thursday was therefore appointed by the court for the trial. ThursdaYj May 8, 1828. The honorable Chief Justice Saundeis, Mr. Justice Bliss, and Mr. Justice Chipraan, came into court and took their seats. The defendant, John Baker, was called, and appeared, and declared he was ready for hi»ti ial. Mr. Attorney General then moved for trial, and the cleik of the Crown proceeded to call over the names of the jury. Ml. Justice Chipman stated to the defendant that he might challenge any ol the jury for cause, but he declined availing himself of this privi- lege. The following jurors were called, and sworn, in the order they ap- peared : Michael Fisher, William Miller, Edward Cambridge, John Bain, Jo- gei)h Sutherland, Donald McLeod, Joseph Estahrooks, Jr,. John Collins, Samuel Curry, Thomas W. Peters, ^Villiam S. Esty, and Anthony Stewart. The clerk ol the Crown tiicn read the indictment, which is as follows: Voi'.K, to ivit : The jurors for our lord the King, upon their oath, present, that John Baker, late of the parish of Kent, in the county of York, laborer, James Bacon, late of the same ]>lace, laborer, and C'harles Studson, lute of the \ House Doc. No. 90. ] S09 same p1ad protection of the British laws, and natural born sub- jects ; the; former owed a local alUgi ince ; and what would be a l^reach of the laws by the one would be so by the other. 'i'he learned judge, in closing, stated, that if, in deterruirring the pres- ent case, this court was to undertake to ent r upon a question of a con [House Doc. No. 90. ] 319 flict of rights between the two nations, it might be disposed to approach 'it with a degree of trepidation ; but this case was altogether unembar- rassed by any such considerations. It presented a chain of evidence of clear possession and undisturbed jurisdiction on the part of this Province, from the period of its first erection down to the present time — a space of more than foity years. One of the oldest inhabitants in the Madawaska settlement had proved tliat he removed thither from the h)vver part of this Province forty years ago ; that he, and all the settlers there, always con- sidered themselves as living under this Government. It is also proved that these inhabitants have received grants of land from this Government, and have, from the beginning, been enrolled in the militia ; that they have voted at elections for the county of York ; have applied to the pro- vincial courts for redress in all suits at law ; and have unilorndy exercised all the privileges, and been subject to all the duties, of other inhabitants of the Province ; excepting only that the sheriff states that he has not summoned them to attend on juries at FredericUton, by reason of their great distance ; but he expressly declares that he has always been in the habit of serving writs throughout the whole of that settlement, as much as>in any other part of his bailiwick. It appears also that the defendant. Baker, considered himself as living wiihin the territory, and under the jurisdiction of this Province ; that he applied to Mr. iMorehouse, the provincial magistrate, for processes to recover his debts from inha!)itants in the Madawaska settlement ; that he received the provincial bounty for grain raised on land, which there can be no question is the land on w hich he now resides ; and this on his own affidavit, stating himself to be John Baker, of the paiish of Kent. It further appears that he attend- ed ^ provincial surveyor in laying out this very land, for which a warrant of survev, under the authority of the Province, was in ?. course of execu- tion, giving directions as to the course of the lines ; the grant being in- tended for the benefit of Baker, although it was to be taken out in the name of Nevers, a British subject. Baker himself, also, had an inten- tion of being naturalized, and stated to one of the witnesses, Mr. George West, that he had resided the necessary time, and wished to know what other steps were necessary (or this purpose. This conversation taking place on the spot where he lived, at the head of the Madawaska settle- ment, and at a time when logs cut by him had been seized as being cut on Crown lands without license ; and Baker claimed to be dealt favorably with by reason of his residence within the Province, and his intention to become naturalized. The learned judge also stated, that it appeared from the evidence that there was no line of division to be drawn between any parts of that whole settlement, as to the possession and exercise of jurisdiction by this Province ; that he could not imagine any principle upon which any such line of division could be made ; that one of the wit- nesses spoke of the settlement having, when he first knew it, commenced seven miles above the Great Falls ; that it has since extended downwards to within two or three miles of the Falls. It has also been gradually ex- tending upwards, and all the inhabitants, in every part of it, were equal- ly under the jurisdiction of this Province, and entitled to the benefit and protection of its laws; and if they were to be transferred from this juris- diction and protection, it must be by some act of the King's Government^ competent for that purpose. 320 [ House Doc. No. 90. ] The learned judge, uith tliese observations, left the case to the jury, directing them to consider it in the same light, and to give the defend- ant the benefit of the same considerations, that they would in the case of any othei inhabitant of the Province. 'i'he jury retired from the box, and, after about an hour's deliberation, returned into court with a verdict of guilty. The defendant was then required to enter into recognizance to appear on Monday next to receive the sentence of the couit. The same bail were accepted as before, in the same amount, The Attorney General stated to the court that he should enter a noli prosequi on the ex officio information uhich had been filed against the defendant ; and also on the indictuient which had been found against John Baker and six others lor a riot, so far as regarded the present de- fendant. The witnesses were informed that their further attendance would not be required. Monday, May 12, 1828. Present : His honoi tlie Chief Justice, Judge Bliss and Judge Chip- man. The defendant being called, and appearing, the Attorney General pro- ceeded to make several observations on the case, and concluded by mov- ing the judgment of the court. His honor Mr. Justice Bliss then inquired of the defendant if he had an> thing to say in mitigation, or any affidavits to produce. The defendant said he had little to say. He was brought there and made amenable to the jurisdiction of the court, and must, of course, sub- mit. He had no affidavits to produce ; there were some facts which, if thty had been brought forward, might have been mateiial ; but as he was not prej)arcd with the whole, he had thought it better not to adduce any proof. He concluded by submitting himself to the consideration of the court. lilr. Justice Bliss then proceeded to pass sentence, to the following ef- fect : That the defendant had been indicted by the grand jury of the county of York for a seditious conspiracy, entered into by him and others, with- in the jurisdiction of this court, to which he had j)leaded not guilty, al- leging, at the same time, that he did not consider himself anienable to the process of this court, being a citizen ol the United States, and that the ofl'ence charged was committed within their territory ; but the court could not admit this to be the case, it appearing clearly that the Mada- waska settlement, where the oil'ence was committed, has been, from the first election of the Piovince, hitherto, under our laws, and subject to our jurii^^diction ; and that the defendant, after a very fair and full investiga- tion of the case, had been convicted by a jury of the country ; and it now romaitLS for the court to pass their sentence upon him for this ollence ; in doing which their object was to treat him with that lenity which, so far 38 was consistent with the ends of justice, is uniformly extended to his Majesty's natural born subjects; and, although the court considered the offence of which he had been found guilty ol a very aggravated nature, they have had regard to his previous long imprisonment ; and their object being [ House Doc No. 90. ] 321 to secure the fukire peace of the country, and not to pass a vindictive sentence personally against him, they had awarded the punishment ac- cordini:!;lv ; and did sentence him to he imprisoned in the common jail of the county of York for the (eiin of two calendar monilis, and to pay a line to our lord the King of twenty-five pounds, and reinain committud until the sumo was paiil. The defendant, John Baker, was then taken into custody hy the sheriif. Mr. Clay to Mr. Lawrence. Department of State, Washington, March 31, 1828. Sir : I transmit herewith a copy of a correspondence which has passed between Mr. Vaughan, the British minister, and this Department, re- specting the exercise of jurisdiction, on the part of the Government of the Province of New Brunswick, within the territory respectively claim- ed hy the United States and Great Britain, on our northeastern horder. In the course of ityou wiil remark that we have demanded tlie liberation of John Baker, a citizen of the United Stales, and full indemnity for the wrongs which he has suffered by the seizure of his person within the limits of the State of Maine, and his subsequent abduction and confine- ment at Frederickton in jail. We have also demanded that the Govern- ment of New Brunswick shall cease from the exercise of all and every act of exclusive jurisdiction within the disputed territory, until the ques- tion of right is settled by the two Governments. The considerations which have led to those demands are so fully set out in the correspond- ence, that it is not deemed necessary now^ to lepeat them. The Presi- dent charges me to instruct you to address an otikial note to the British Government, calling upon it to interpose its authority with the Provincial Government to enforce a compliance with both demands. The Govern- ment of the United States cannot consent to the exercise of any separate British jurisdiction within any part of the State of Maine, as the limits of that State are defined by the treaty of 1783, prior to the decision of the question of title. And, if there be a perseverance in the exercise of such jurisdiction, this Government will not hold itself responsible for the consequences. It may, and probably will, be urged, that, if the Province of New Brunswick should abstain frow exerting its authority over the inhabitants situated on the controverted ground, disorder and anarchy amongst them will ensue. Should such an argument be brought forward, you will reply that the inhabitants will no doubt institute some form of government themselves, adapted to their condition, as they did for a long time on the Madawaska ; that, whether they do or not, how- ever, it will be competent to the Governments of Maine and New Bruns- wick, within their respective acknowledged limits, to guard against any disorders; that the Government of the United States cannot consent to the exercise of any exclusive British authority within the contested ter- ritory, founded on the plea of necessity ; and that many of the settlers, being intruders upon the soil, can have no right to complain of any disor- ders among themselves, resulting from their own unauthorized intrusion. 22 S'22 [ House Doc. No, 90. ] 'I'he Presiilont hopes tiiat the British Government, participatini;; in the desire which he most anxiously feels to avoid all collision on account of a temporaty occupation of the territory in contest, will effectually inter- pose its authority to restrain the Provincial Government from the exer- cise ol any jurisdiction over it. Such an interposition alone will super- sede those i)recautionaiy measures which this Government will other- wise feel itself constrained to adopt. I also transmit heiewith copies of the report of Mr. Rarrell, and of Mr. Davis, who were respectively deputed by the (Tovoinments of the United States and the State of Maine to proceed to the disputed territory, and to ascertain on the spot the causes of the recent disturbances which have cccuired there. I am, respectfully, your obedient servant, H. CLAY. To VV\m. 13. Lawrenck, Charge (TAJaires^ London. List of papers transmitted with the foregoing* Mr. Vau2;han to Mr. Clay, January 16, 1827. Mr. Claf to Mr. Vaughan, 18 January, 1827. Same to same, 14 September, do. Mr. Vaughan to Mr Clay, 17 do. with two enclosures. Mr. Clay to Mr. Vaughan, 19 do. Mr. Vaughan to Mr. Clay, 26 October, 1827, with one enclosure. Mr. Clay to Mr. Vaughan, 17 November, do. with three enclosures. Mr. Vaughan to Mr. Clay, 21 do. do. enclosures 1 to 6. Same to same, 20 do. do. Mr. Clay to Mr. Vaughan, 20 February, 1828. Mr. Vaughan to Mr. Clay, do. Mr. Clay to Mr. Vaughan, 17 March, do. Mr. Vaughan to Mr. Clay, 25 do. do. Report of Mr. Barrell, and accompanying documents. Report of agent of Maine, and accompanyinng documents. Mr. Lawrence to Lord Dudley. 16 Lower Seymour Street, 3ia«/ 5, 1828. The undersigned, charge d'afl'aires of the United States of America, regrets that he is com})elled to call to the notice of his Majesty's Piinci- pal Secretary of State ior Foreign Affairs acts on the part of the Govern- • The correspondence enbrHced in this list constitutes a part of tlie forepoing series, and is ii<,t session 20lh Conj^etts, No. l.^O. 'I'he lejiori «>4 the Hpent of Maine atnl llie uccompanyinff papers were printid under an ordi:r ol the Senate ol tiic United States ol the 14Ui of April l;ii>t. Sec Senate documents, Ist session iOih Congre;8, No. 171. [ House Doc. No. 90. ] 323 ment of tlie Province of New Brunswick, within the territory chiimed by the United States and Great Britain, respectively, not only wholly in- consistent with that mutual forbearance which, it has been understood, should govern the pioceedings of both countries durins; the pendency of the (juestion of boundaries, for the decision of which arran<:enients have leoently been made, but of a character to lead, by invitin;^ retaliation, to diliiculties of the most serious nature. The proceedings complained of, to which it will be the duty of the un- dersigned particularly to refer, took place in settlements near the Aroos- took and St. John's rivers, within the territory which is, and always has been,' considered by the United States as a part of the present State, formerly District, of Maine. It api^cars, from official documents, that, ia this section of country, various attempts to exercise exclusive jurisdiction have been made by the Lieutenant Covernor of New Brunswick ; that American citizens residing within the territory in dispute have been sub- jected to an alien tax; that they have been compelled to serve in the British militia ; that the Provincial Government has undertaken to issue civil process against them for enforcing the collection of debts, and for other purposes ; that they have been siuiimoned to appear befose the tri- bunals of New Brunswick for intrusion on the land occupied by them, as if it was the uncontested property of the British Crown ; and that they have been prosecuted before these foreign courts for alleged political of- fences, which, if punishable at all, were only cognizable by the authoii- ties of their own country. These attacks on the rights of citizens of the United States having formed the subject of a coriespondenee betv.een the British minister at Washington and the American Secretary of State, which, it is under- stood, has been transmitted to Lord Dudley, the undersigned does not deem it necessary to enter into the details of the different individual acts of exclusive jurisdiction that have been matters of complaint, but hastens to a case vrhich he is instructed to bring particularly under the considera- tion of his Majesty's Government, with a view to the redress of which it may be susceptible. John Baker, a citizen of the United States, resi- ding on a tract of land situated at or near the junction of the Mariump- ticook with the St. John's river, and held by him under a deed from the States of Massachusetts and Maine, was arrested in his own domicil, on the 25th of September last, under circumstances of aggravation. While Mr. Baker and his family were asleep, his house was^surrounded bv an armed force, and entered by a person of high official character in' the Province of New Brunswick, by the command of whom Mr. Baker was seized and conveyed to Frederickton, and there committed to jail, where he is still confined on a charge of an alleged misdemeanor, growing out of a denial of British jurisdiction in the territory where he had settled, as above stated, under the authority of a grant from two States of the American Union. This transaction having received the special consid- eration of the President of the United States, the undersigned h s been charged to call upon the Government of Gieat Britain to interpose its authority with the Provincial Government, in order to the lib-ration of Mr. Baker, and to the granting to this American citizen a full indemnitv for the wrongs which he has suffered by the seizure of his person wiiiiin the limits of the State of Maine, and his subsequent abduction and con- finement in jail at Frederickton. 324 r House Doc. No. 90. J The undersigned is further instructed to require that the Government of New Brunswick shall cease Iroin the exercise of all and every act of oxclu.sive jurisdiction within the disputed territory, until the question of ri'^lil is settled by the two Governments ot Great Britain and the United States. The motives which have led to these demands may be suiliciently in- feneil Irom a consideration of the occurrences already cited, in declaring, through the undersigned, that it cannot consent to the exercise of any separate British jurisdiction, within any part of the State of Maine, as it understands the limits of that State to be defined by the treaty ot 1783, prior to the decision of ihe question of title, the Government of the Uni- ted States is only protesting against unjustifiable encroachments on its sovereignty, and asking from Great Britain what it is willing on its side to accord — that fort^earance which the present state of the controversy most strongly inculcates. Indeed, it is only by adopting such a course, that the collisions, which would arise from an attempt by each party to give effect to its own pretensions, can be avoided. The importance of abstaining from any act which might jeopard the amicable relations be- tween the two Powers was early perceived ; and instances have not been wanting in which they have both been restrained, by considerations of piudence and mutual respect, from exercising acts of exclusive jurisdiction within the disputed territory. To a complaint made so far back as the vear 1818, by Mr. Bagot, at that time his Majesty's minister in America, of irregular settlemenis attempted by citizens of the United States on the lands ill controversy, the most ready attention was paid. On the other hand, licenses to cut timber, granted by the provincial authorities, have been revoked, and the practice of cutting and removing the timber has been understood by the Government of the United States to have been discontinued. Recent cases have also occurred, in which the interposi- tioji of the American Government, requested by Mr. Vaughan, has been promptly accorded, in the spirit of that rule, ol the expediency of which no belter evidence can be required than the necessity which has given rise to the present communication. The undersigned purposely avoids any observations which can lead to a premature discussion on points which are to be submitted to a tribunal selected by the two I'owers. However unanswerable he may conceive the ai'zuments by which the claim of his country to the teiritory in ques- tion may be sustained, he is aware that it can be attended with no advan- tage to adduce them on the present occasion. The undersigned also regards as inadmissible all attempts to defend the exercise of British authority, in the territory referred to, during the lime which may intervene before the decision of the arbiter is made, by asserting a title derived from possession. Considering the grounds on which the claims of the United States are founded, it is not perceived how ar'^umenls drawn either front first occuj)ancy or immemorial posses- sion <'n be made to bear on the final determination of the principal sub- ject ill discussion between the two countries, or how they can affect the questi< ri of temporary jurisdiction. Before the independence of the Uni- ted St.tes, not only the territory in dispute, but the whole of the adjoin- ing I-i<>\ince and State, was the property of a common sovereign. At the liiiio of the division of the empire, the United States and Great Brit- [ House Doc. No. 90. ] 325 ain defined, in express terms, tlieir resjicctivc territorial limits ; ;iiul it will not, it is presumed, be asserted tliat, on concludinji; the treaty of 1783, the juiisdiction ol" the one party over the country allotted to it was less complete than that which was granted to the other over its territory. The treaty hy which the separation ol' the domiiiions of the two Povers was ejected may be assimilated to a deed of partition between individu- als holdiuii; pioperty in common. From the exchanp;e of ratifications, the only doubts which could arise were necessarily lestticted to the inter- pretation of its language. Nor has anytiung occurred siifce the revolu- tionary war to vary the rights of Great Britain and America. The object of the 5th article of the treaty of Ghent was merely to direct the practical business of surveying and marking out the boundary line, in order to give effect to previous stipulations. To avoid, however, any misconstruction that might be drawn from his silence on the subject of a possessory title, the undersigned deems it 'proper to declare that New Brunsw^ick can adduce no claims, by \sbich a jurisdiction derived from ])icscr!ption or the first occupancy of the coun- try can be sustained ; and he is far from admitting that, in this view of the case, the pretensions of the United States are less valid th.an those of Great Britain. It appears, from the best information that can be obtained, that no set- tlement had been made in the territory at present in dispute prior to the American Revolution ; that, subsequently to that event, a small one was formed at or near the Madawaska, by French fiom Nova Scotia, who had always previously resisted -the English authority ; and that, though some grants of land may have been made to these settlers by the Provincial Governm.ent, before the determination of the river St. Croix, in pursu- ance of the treaty of 1794, the acts of authority which took place were few and doubtful; nor is it believed that they were, till very recently, known to, much less acquiesced in by, Massachusetts, to whom, till the separation of Maine, the jurisdiction as well as soil belonged. There was little occasion for the employment of criminal process among the lelicsof a primitive population, as these settlers were represented to be, of a "mild, frugal, industrious, and pious character," desirous of finding a refuge un- der the patriarchal and spiritual power of their religion. For the arrange- ment of their civil affairs of every description, including their accidental disputes and differences among themselves, they were in the habit of having recourse to a tribunal of their own establishment, formed of one or two arbiters, associated with the Catholic priest. The settlement on the Aroostook was made within the last six _\ c.as, partly by citizens of the United States, partly by British subjects, but with an impression, entertained by the whole community, that they were establishing themselves on American territory. It was not, indeed, till within three or four years that the Provincial Government undertooi; to subject these settlers to civil process ; and last summer, for the first lime, proceedings for trespass and intrusion on the Crown lands were in-iitu- ted against them. The opinion of Great Britain, as to the practical jurisdiction exercised over the territory in dispute, so late as the year 1814, may be seen by a reference to the proceedings at Ghent. \Vhen proposing a revision of the boundary line of Maine, with reference to convenience, and asking 326 [ House Doc. No. 90. ] lliU tiacl now contested ;is a cession, (or which compensation was else- where to be made, it is asscited by the Enj2,lish plenipotentiaries " that ilie greater part of the territory in question is actually unoccupied ;" and strenuous as were the eflbrts of his IMajcsty's ministers to adjust such a \arialiun of line as might secure a direct cojjimunication between Quebec and llalirax, it nowheie appears that a fat;t so important to their object as ibo actual settlement of the country by persons recognising British authority was conceived to exist. At as early a period as the gradual advance of ^oi)ulation required, the u^ual preliminary measures were taken by MassachuhClts, with a view (0 the settlement of the vacant lands on her eastern fiontier. In 1801, a grant of Mars Hill was made to ceitain soldiers of the Revolution, by it public act of the Legislature of the State, which was followed by simi- lai' proceedings in favor of others. That the countiy was not occupied, in conformity to these grants, is to be ascribed to the delays usually at- tendant upon the settlement of an exposed frontier, and to interruptions growing out of apprehensions of hostilities with the neighl)oring Piovincc, which were realized by the declaration of war made by the United States against Great Britain in 1S12. Not only have many acts of authority in the territory now in dispute been subsequently exercised by the Stales of Mass:K:husetts and Maine, but, in 1820, the enumeration of the setlleis on the iNJadawaska took place under the supreme authority of the United States, and without, as far as can be ascertained, any remonstrance on the part of Great Britain, or of the Province of New Biunswick. In the case of the land on which his unfortunate fellow-citizen, now i!ii])risoned at Frederickton, was arrested, the undersigned would remaik, that, (hough it is situated in a section of country to which the general description of Madawaska is applied, tlie territory on which INIi-. Baker and other Americans have establis!;ed themselves is to the west of the ancient settlement of the French Acadians ; and it is believed that no part of the country where they reside, that is to say, of the tract on the St. John's, between the Mariumpticook and St. Fiancis rivers, has ever been in the possession of persons acknowleilging allegiance to the Biitish Government. It thus appears that, to justify the unwarianted exercise «)| power, specially coir.plained of, is wanting even the apology of former us.ige, unsatisfactory as that would be. 'J'he undersigned is not ignorant of the inconveniences which may arise from the disorder and anarchy to which the inhabitants of the con- troverted district may be exj)osed, should no authority be exercised over iIkmii, cither by the United States or the neighboring British Pi evince.. 'I'bis is, howevei-, an c\il, to remedy which does not necessarily demand llu! interj)osiiion of New I'l unswick more than of the State of Maine. It is an iiiconvenience which the Uiuted States cannot consent to remove by subjecting American ton itory to a foreign jurisdiction. It is believed that, sliould t!ie settlers be left to themselves, they will institute some form of (Government adapted to their condition, as was done for a long uiiic on the Madawaska ; that, whether they do or not, it vill be oomiie- i( nt to the (governments of Maine and New Brunswick, within their rc- sp'M.'tive ack!iowledi,'('d limits, to guard against any disoidcrs. At all events, thf (iovernment of (he United States cannot consent to the exer- cise of any exclusive British authority within the contested territory, [ House Doc. No. 9o. ] 327 founded on the plea of necessity ; and, as niany of the settlers are in- truders on tlie soil, they can have no right (o complain of any disorders among themselves, resulting from their own unauthorized acts of intiu- sion. The undersigned, on this occasion, cannot avoid o!)sorving that the inconveniences which confessedly arise from the unsettled state of the houndary between the dominions of the United States and Great Britain constitute a most powerful reason for the adoption of every measure cal- culated to ensure a prompt decision of the main question at issue. A convention, formed with a view of submitting the conflicting decisions of the commissioners under the 5th aiticle of the treaty of Ghent to the arbitration of a friendly sovereign or State, having received the assent of both the high contracting parties, became obligatory on them by an ex- change of their respective ratifications on the 2d of April last. In the same official communication in which the undersigned acquainted the Earl of Dudley with his authority to exchange the ratification of the President of the United States for that of the King, he announced his having re- ceived instructions in relation to the further arrangements contemplated by the convention ; and no effort on the part of the United States, which could, with propriety, be made, has been wasting to fulfil, literally, the stipulations by which the two contracting parties engaged to proceed in concert to the choice of a friendly sovereign or State, as soon as the ratifications should be exchanged. The undersigned would fail in obedience to his instructions, were he to conclude this note without declaring to Lord Dudley that, while the President hopes that the British Government, participating in the desire which he most anxiously feels to avoid all collision on account of the temporary occupation of the territory in contest, will effectually inter- pose its authority to restrain the Provincial Government from the exer- cise of any jurisdiction over it. Such v.n interposition alone will supersede those precautionary measures which the Government of the United States will otherwise feel itself constrained to adopt. The undersigned has the honor to renew to Lord Dudley the assu- rances of his highest consideration. W. B. LAWKENCE. Rt. Hon. Earl of Dudley, &c. Mr. Lawrence to Mr. day. Legation of the U.mted States, London, June 26, 1 828. Sir : Aftei" having, at our conference on the 19th instant, disposed of (he business in relation to the arbiter. Lord Aberdeen directed the con- versation to the subject of the jurisdiction to be exercisiHl over the dis- puted territory pending the suit. He seemed to consider an exclusive authority derived from a regular Government to be indi.«5pensable ; and subsequently proceeded to maintain that to Great Britain this jurisdiction 328 [ House Doc. No. 90. ] belongeil, at least till his Majesty was divested of it, by the deeiaion of the aibitei'. in teplyin,^ to the observations on the (irst point, I had liltle more to i\u than lo repeat the explanations witii wliith you had finnished me, and of u Inch I had availed myself in my oliicial note to Lord ])udley. I cited the i^overnment w liich the settlers on the Madawaska had establish- ed, in Older to point out how the evils of a temporary anarciiy mijiht be, in a gieat degree, obviated, without the interposition of either Maine or New Brunswick. 1 referred, as I hod done in conversation with his lordship's predecessor, to the opinion expressed last summer by Mr Canning, in an interview with Mr. Gallatin, and to the convention re- irpecting (lie leiiitory west of the Kocky Mountains. Lord Aberdeen here inquired whether I could enter into a similar arrangement with regard to the country now under consideration. I observed that my re- mark had been made merely by way of illustration ; that 1 had, by order of the President, made a demand foi- the rediessof a specific injury com- mitted on an Ameiican citizen, and had further required that this country should abstain from the exercise of exclusive jurisdiction in a territory which we maintained belonged to the United States ; that no answer had been returned to my reclamations ; and that, therefore, in no event, could a new proposition be expected from me ; that it would be compe- tent for him, in replying to my note, to make any offer or suggestion he might think fit as to the best mode of obviating inconveniences from a disputed title, till the judgment of the King of the Netherlands is obtain- ed ; and that his proposals, if it should not be in my power to accej)t them, would be transmitted to my Government, who would undoubtedly give them a respectful consideration. The other topic on which Lord Aberdeen touched gave rise to a more extended discussion. Taking the same view as Mr. Vaughan had done in his corresjjondence with you, he maintained that, whatever might be the true boundary, the jurisdiction over the disputed territory remained with Great Britain till our title was comjjleted by an absolute delivery of possession ; observing that this was the rule of the law of nations in all cases of cession. I answered that the principle for which he contended, and with v.hich I ^vas r.cquainted, was adopted for the regulation of a third Power, or of individuals, in order to prevent the inconvenience v.hich would result in an established community from doubts existing as to t!ie period when a transfer of authority took place, and a new set of duties and obligations commenced ; that in no case couKl one of the con- tracting jKuties rejjly to the complaint of the exeicise of jurisdiction in the teriit(jry which the other regarded as ceded to it, the fact that it had never delivered up the possession. If it has a claim of right, on that right, and not on the possession, must it support itself. If otherwise, as the withholding of the possession after its being demanded is per se a continued injury, to adduce it would be to rely on one's own wrong. I lurther remarked that, even considering the treat} of 1783 as one of cessioti, every delivery had taken j)lace of which the subject-matter was susceptible. 'I'hc territory now disputed was never held by Great Britain like a town or fortress. The possession in the Crown, anterior to the devolution, was only constructive, of which, assuredly, the renunciation in the treaty was fully competent to divest it ; that there had been no [ House Doc. No. 90. J 329 uninterrupted exercise of an authority by the Pjovince of Nova Scoti;i or New Brunswick since tlie independence of tlie United Slates; but that, on the contrary, as had been elsewliere stated, as much at least had been done on our side as on theirs towards obtaining a title by occupancy. I then proceeded to say that I had thought proper to show tl)at, even on the principle assumed by this (iover tunent, its claim of exclusive juris- diction was untenable; but that I totally denied that wo held any portion of the territory embraced within the original States as a '■^ grant " or " cession " from a foreign Power, in the sense which had been attributed to those terms. After assimilating the state of things lesulting from our Revolution, as was done in my ofhcial note, to a division of the empire,! remarked that there was nothing in the form of the treaty of peace, or in the circum- stances under which it was negotiated, to tead to the conclusion that on it depended our claims to territorial sovereignty. Even anterior to our separation from the mother country, though we acknowledged the au- thority of the King of Great Britain, we had not acquiesced in a Parlia- mentary right to interfere with our internal regulations ; an attempt to assume this power having been, indeed, one of the causes of the war. From the declaration of independence, and long before its recognition by England, we concluded treaties with foreign States, and exercised all the other prerogatives of an established Government. I also adverted to the terms, as well of the provisional articles of 1782, as of the definitive treaty of the succeeding jear, in both of which the contracting parties treated on the footing of the most perfect equality, the United States be- ing considered in the full possession of all the usual attributes of national sovereignty. A reference to the treaties with Franco and Spain, with respect to Louisiana and Florida, will show that, where real cessions were made, a different language was employed than in that of 1783, where the terms " relinquishes all claims to the Government, propriety, and territorial rights " imply a renunciation of what is no longer in pos- session. Lord Aberdeen here interrupted me, and said that the treaty was in the nature of a grant or cession, because England gave every- thing, and received nothing. To this I replied, that it was not permitted to open a solemn instrument, by which an agreement had been fairly and honestly effected between individuals ; much less could it be done in the transactions between States, in order to inquire into the consideration mutually given and received, with a view to change its legal character; and that it was, theiefore, unnecessary for rne to say anything as to the object which England had in view in saving further war expenditure, securing her remaining Provinces, and obtaining the other benefits of peace ; and I would only refer to the face of the instrument itself to ascertain its nature. If, 1 added, by tracing the boundaries in the treaty, England ceded to us the territory on one side of the line, as described in the second article, we ceded to her the territory on the other side, on which indeed we had, at different periods of the war, more or less pre- tension. The most correct way, however, of viewing the subject was not to consider that the treaty made grants or cessions to either party, but that the line was indicated, as is expressed in the article itself, to prevent future disputes; a motive which frequently has led to a conven- tion of limits between two Governmeats of equal antiquity. 330 [ House Doc. No. 90. ] As, however, Lord Ab.eideen still intimated that, whatever view other nations might lake of the cjuestion, it could not be expected that Great Ijiitain would consider the sovereignty of the United States as existing anterior to 1783, or regard the recognition of independence, so far as territory was concerned, in any other light than a cession, I observed that the main question in dispute between the countries having been (iisposcii of, it was desirable that dillicukies as to temporary jurisdiction should not be occasioned by the discussion of an abstract proposition. In the inference which it had been attempted to draw from liie principle of cession, connected as it was with the character which had been ascribed to the treaty of 1783, I felt confident that my Government could not ac- quiesce. If admitted, it might be construed so as to involve the most monstrous consequences, and perhaps be applied in other cases than in the one under consideration. There was, however, another view of the subject, which I would suggest. The independence of the United States in general is not only acknowledged by the treaty, but also that of each State by name, Massachusetts being enumerated with the others. If we divest the question of its national chaiacter, and regard it as a dispute between Maine and New Brunswick, succeeding to the respective rights of Massachusetts and Nova Scotia, the aigument from the principle of cession would operate altogether in our favor, for it can haidly be pre- tended that, when Nova Scotia, after having been annexed to Massachu- setts under the charter of William and Mary, was transferred to a sepa- rate Provincial Government, and subsequently to the French, there was in either rase any other delivery of possession of the unsettled territory than took place on the conclusion of our revolutionary war. I cannot llatter myself that I have been able to change the views of Lord Aberdeen, but it is proper for me to add that he said that he would give to my observations a full consideration, and requested me not to regard what had fallen from him as the final opinion of the British Gov- ernment. I have the honor to be, with the greatest respect, sir, your most obe- dient servant, W. B. LAWRENCE. Hon. He.nry Clay, Secretary of State^ Washington. Lord Aberdeen to Mr. Lawrence. Foreign Office, August 14, 1828. The undersigned, his Majesty's Principal Secretary of State for For- eign Alfairs, has the honor to acknowledge the receipt of the note which Mr. Lawrence, chaigt; d'aifaires of the United States of America, ad- dressed to his Majebty's Piiiicijial Secretary of State for Foreign Affairs on the oi\\ of May, containing representalii/US upon certain occurences in that district on the northeastern frontier of the United States, the i ight of possession of which is now, l)y mutual agreement of the two countries, and in compliance with the j)rovisions of the treaty of Ghent, referred to the arbitration of a friendly Power. [ House rjoc. No. 90. J 331 Mr. Lawrence's representations, and the demands founded upon them, may be conveniently divided into two heads: 1st. The leprescntation acjninst the arrest of John Baker, a citizen of the United States, and residinj; within the said territory, and his removal by the provincial authorities of New lirunswick to the capital of that Province for trial, on a charge of misdemeanor, and the dcn)and for the "liberation of Mr. Baker, and for the grantinc; to him a full indemnity for the wrongs which he has suliered by the seizure of his person within the limits of the State of Maine, and his subsequent abduction and con- hnement in the jail at Fredcrickton." 2(1, The representation against the exercise of jurisdiction by British authorities within the territory in question, and the demand " that the Government of New Brunswick shall cease from the exercise of all and every act of exclusive jurisdiction within the disputed territory, until the question of right is settled between the two Governments of Great Britain and the United States." The undersigned deems it to be his duty to remark, in the outset, with reference to the designation which Mr. Lawrence has given to the place wherein John Baker was arrested, as being " within the limits of the State of Maine," and with reference also to the phrase "American ter- ritory," applied by Mr. Lawrence, in another part of his note, to the district in question, that, if the United States consider the tract of country wliich forms the subject of the arbitration now in progress as unquestion- ably their own, the British Government are, on their side, as firmly con- vinced of the justice of their claim to designate those lands as territory belon";insi: to the Crown of Great Britain. This, however, is not the point for present consideration. The ques- tion of sovereignty, which depends upon the definition of the true frontier line between the two countries under the treaty of 1783, having been referred, agreeably to the provisions ol the treaty of Ghent, to the arbitration of a friendly State, it is a question of actual jurisdiction alone which can now be discussed, without interfering with the Province of the arbitrator ; and between these questions — of sovereignty, and the actual exercise of jurisdiction, the undersigned conceives there is a broad and clear distinction. With these preliminary observations, the undersigned will proceed to remark upon the first demand made by Mr. Lawrence ; and, if it has been a source of regret to the undersigned that the various and pressing calls upon the attention of his Majesty's Government, at this season of the year, have prevented him from returning an eailier answer to Mr. Law- rence's note, addressed to his predecessor, that regiet is materially diminished by the consideration that this delay lias enabled the under- signed to put Mr. Lawrence in possession of the proceedings on the trial of John Baker, at Frederickton, in New Brunswick, (a copy of which he has now the honor to enclose,) which he feels persuaded will, in conjunction with the remarks he has to offer upon them, satisfy Mr. Lawrence that the prosecution instituted against Jolin Baker by the Government of New Brunswick was rendered indispensably necessary by the acts of that individual ; that it has been conducted v.itii a scrupu- lous regard to justice ; that the sentence which has been passed upon him is, under all the circumstances of the case, a lenient one ; and that, 332 [ House Doc. Xo. 90. ] in the whole course of these proceedings, no privilege which Baker could justly claim under tiie law of nations has been violated. Postponing for the present any answer to Mr. Lawrence's remarks on the gencial (luestion of jurisdiction within the district in which Joiin Baker resided at the period of his arrest, and assuming, in this place, that such jurisdiction did belong to the Government of New Brunswick, the undersigned will jiroceed to show, from the history of Baker himself, that the exercise of it, in the particular case of that individual, is singularly free from any possible imputation of hardship or severity. Mr. Lawrence will see, from the repoit of Mr. Barrell, the agent specially appointed by the Government of the United States to inquire into this transaction, (which report has been officially communicated to his Majesty's Government, and is doubtless in Mr. I^awrcnce's posses- sion,) that John Baker, who had, from the year 1816 until 1820, resided in the British Provinces of New Brunswick and Canada, came, in the latter year, to reside in the Madawaska settlement, where he joined his brother Nathan, then carrying on trade in connexion with a British mer- chant of the name of Nevers, established at the capital of New Bruns- wick ; and tiiat, after the death of his brother, in 1821, John Baker continued to occupy the land on which his brother had originally settled, and to carry on the same business as before, under the said Nevers. It furtiier appears, as well from Mr. Barrell's statement as from the evi- dence on Baker's trial, that Nathan Baker had, so long ago as the year 1819, formally admitted the jurisdiction of the Government of New Brunswick over his said possession ; that Joiin Baker's partner, Nevers, with Baker's concurrence, applied to the Government of New Bruns- wick for a grant of the same land, for the benefit of John Haker; that, in 1822, Baker himself applied for and received from the Government of New Brunswick the provincial bounty for the cultivation of grain upon that land ; and tiiat, so late as the year 1825, he had voluntarily applied to the British authorities for the enforcement of the British laws among the Ameiican settlers, both in civil and criminal matters: from all which circumstances it is manifest that the seditious practices for which Baker was prosecuted were not committed in ignorance of the authority which had uniformly been asserted and exercised by the Government of New Brunswick, and of which he had himself, in common with the other set- tlers, claimed the benefit and protection. It must be wholly unnecessary for the undersigned to insist upon the serious nature of the offences tliemselves, with which John Baker was charged, and of which he was found guilty. The several acts of outrage and sedition proved against him on the trial were such as no Govern- ment actually exercising jurisdiction, and therefore responsible for the ])eace and security of the community existing under its protection, could allow to pass unpunished, whether the perjietratois of such offences lia|)pened to be its own subjects, or aliens settled within its jurisdiction, and (h(;refore owing local and temporaiy ol)edience to its laws. Such l)eing the (acts more immediately relating to the individual, Ba- ker himself, the undersigned has now to beg the attention of Mv. Law- rence to those which relate to the settlement in which he resided. It is shown by the report of Mr. Barrell, and confirmed by the evi- dence on Bakei'> tiial, that the Madawaska settlement was (oiincd soon [ House Doc. No. 90. ] 333 after the treaty of 1783, by British subjects, descendants of the original French colonists of New I3runs\\ ick. 1( is staled on oath by Simon Ilib- CMt, a witness on the trial, who lias lived foity years in the settlement, and had received a tyrant of land iVom the Piovincial (Government two or thiec years after he settled there, that he considered himself to have always lived under the Government of New Brunswick, and that all the Madawaska settlers lived under the same Government. Testimony to the same elfect is given by Mr. Fraser, a magistrate, who has been ac- quainted with the Madawaska settlers since 1787 ; and who further proves that the settlers had, to his own knowledge, for a long scries of years, voted at elections like other subjects of the Province of New Brunswick ; and, linally, Mr. Barrell reports that " the laws of New Brunswick appear to have been always in force since the origin of the settlement ; and that the settlers have acquiesced in the exercise of Brit- ish authority among them, and have for many years had an organized militia." It is further proved by the evidence on the trial, and is admitted by Mr. Barrell, that the lands on which Baker resided form part of the Madawaska settlement; and the acts of Baker himself, and of his brother, who preceded him, show that they consider the land possessed by them successively, to be situate under the authority of the Government of New Brunswick. It is, moreover, not an immaterial fact, that the settlement thus origin- ally formed, upwards of forty years ago, by settlers from New Bruns- wick, was found by Mr. Barrell, at the period of his visit in November last, to contain, out of a population of 2,000 souls, not more than 25 American settlers. This exposition of the substance of the information collected by the agent of the United States, corroborated as it is by the evidence on oath given before the supreme court at Frederickton, together with the de- tailed narrative of the proceedings on the trial, will, the undersigned trusts, satisfy Mr. Lawrence that the opinion which he has expressed in his note, " that no part of the tract in which Baker resided, had ever been in the possession of persons acknowledging allegiance to the Brit- ish Government," is founded in error; and tiiat full and substantial justice has been done to Mr. Baker. The undersigned will therefore proceed to the second point to which he has proposed to advert, namely, Mr. Lawrence's demand " that the Government of New Brunswick should cease from the exercise of all and every act of exclusive jurisdiction ■within the disputed territory." The consideration of this question naturally brings before the under- si'^ned Mr. Lawrence's assertion, "that New Brunswick can adduce no claims by which a jurisdiction derived from prescription, or first occu- pancy of the country, can be sustained." The reply to this allegation has been, in a great measure, anticipated in the course of the preceding observations on the case of John Baker. But the undersigned desires to call the attention of Mr. Lawrence more distinctly to the following important facts : First. To the fact ( which the undersigned will state in Mr. Lawrence's own words) that " before the independence of the United States, not only the territory in dispute, but the whole of the adjoining Province and State, was the property of a common sovereign." 334 [ House Doc. No. 90. ] Secondly. To the fact that the United States rest their claim to the possession ol" the teiritory upon the treaty of 17S3; hy whicli treaty the intlepcndcMice of the United States uas recoji;nised by Great Britain, and their boundaries attempted to be defined ; thereby, in etiect, admitting the previous title of (ircat Britain to tiic teiritoiy in (jueslion. And, in the thiid phice, to the facts (which have either been pioved upon oath, on Baker's trial, or admitted by Mr. Barrell, the agent of the Ut»ited States) that no actual delivery of tlie territory into the possession of the United States has liitheito taken place; that from and immedi- ately after the conclusion of the treaty of 1783, whatever rights of sov- ereignty have been exercised in that territory, have, until the recent attempts of the State of Maine, been exercised by Great Britain ; that the lust settlers v.ere colonial subjects of his Majesty ; that the inhabit- ants have always hitherto been treated as Britisii subjects ; that they have for many years voted at elections like the other natives oi the Province; that they have long had an organized militia, and have considered them- selves to be living under British protection and jurisdiction ; and that, until a very recent period, the right of Great Britain to exercise acts of sovereignty within this territory has never been called in question by the Government of the United States. Uven in the representation ad- dressed by Mr. Clay to his Majesty's charge d'affaires at Washington, on the 27th of March, 1825, (which contained the first objection of any kind advanced by the Government of the United States to the proceedings of the British, in the district jointly claimed by the two Governments,) that objection was not directed against the exercise of jurisdiction on the part of Great Britain, ( which was then and had long been notorious,) but against the depredations of imiividuals ; such as tlie cutting of wood, and other acts tending to render the district of less value to the party to whom it should finally be assigned. In the face of this accumulated evidence that Great Britain has never yet been practically divested of her ancient right of jurij^diction, it can- not reasonably be contended that the national character of the territory lias undergone any change since the period antecedent to the treaty of 1783. It has, indeed, been formally admitted, both by Great Britain and the United States, that the light ef eventual sovereignty over that district is a question remaining in dt)ubt ; but it is consistent with an ac- knowledged rule of law, that, where such a doubt exists, the party who has once clearly had a right, and who has retained actual j)ossessi()n, shall continue to hold it until the (question at issue may be decided. This territory, therefore, ought, upon every principle, to be considered, lor the present, at least, as subject to the authority and jurisdiction of Great Britain ; unless treaties subsequent to that of 1783 shall have im- posed an obligation on her to j)ursue a different lir.e of conduct with lespect to it. None of the treati<'S, howevc r, |)ostc'rior to that of 1783, allude to the question of jurisdiction ; and liom their silence on this point, it may faii- Iv be inferred that the United States, who cannot be supposed to have been ignorant of the acts of British authority \vhich had been exercised throughout the territory in (juestion for so many years, did not entertain any doubt of the riti,ht of Great Biifain in that lespect. P^or if such had been the case, they would surely have stipulated for the introduction into [ House Doc. No. 9o. ] 335 the latter treaties, especially inti) tiiat of (ihent, of some provision re- spectiiii!; the exercise of that authority against which Mr. Lawrence is now instructed to protest. The undersigned cannot acquiesce in Mr. Lawrence's extension to this question ol jurisdiction of that i ule of forbearance which has been inculcated on both sides, with regard to tlje exeicise of otiier acts of sovereignty, not necessary ior the due administration of the territory now under consideration. With respect to such jurisdiction, the under- signed must be permitted to observe tiiat the ciicumstanccs ol' the two countries are extremely difl'erent. Tlie United States have never been in possession of the territory; their title to it under the treaty of 1783 is not admitted by Great Britain; and every act of jurisdiction done by the United States is an assumption of an authority which they did not previously possess. On the other hand. Great Britain has never parted with possession ; the jurisdiction which she now exercises is the same which belonged to her before the treaty of 1783, and which she has ever since that j)criod continued to exercise within the limits of the territory in question. The undersigned need haidly point out to Mr. Lawrence that there is a very material difference between suspending a jurisdic- tion hitherto exercised, and foi hearing to introduce a jurisdiction hitherto unknown; and that, while the United States offer to forbear from as- suming a jurisdiction which they have never exercised, they are de- manding that Great Britain should lay down a jurisdiction which she has ever maintained ; and it may be proper here to notice the erroneous opinion to which his Majesty's Government, in common with the Govern- ment of the United States, are disposed to ascribe the recent attempts of the State of Maine to intioduce its authority along the frontier in question, viz : that forbearance on the side of the United States might he construed into an admisEion of the light of Great Britain to the pos- session of the frontier which she claims. Such apprehensions are with- out foundation. No such infeience could fairly be drawn from such forbearance. But were it otherwise, how much more would the posi- tion of Great Britain be prejudiced by her relinquishment of a jurisdic- tion hitherto invariably maintained? The extent of obligation which, in the opinion of his Majesty's Gov- ernment, is imposed upon both patties by the treaty of Ghent, with re- gard to this territory, is, that the question of title shall remain precisely in the same state in which it stood at the date of that treaty; and that neither party shall do any act within its limits, by which the claim of the other, as it then stood, may be prejudiced, or by which the country may be rendered less valuable to that State to which the possession of it may be ultimately awarded. It is with this view that the Provincial Government of New Bruns- wick have, with the approbation of the British Government, discontinued from issuing licenses for cutting wood within the district, and have ab- stained from all other acts not absolutely necessary for t^.e peaceable government of the country ; and the undersigned is happy to have this opportunity of acknowledging the existence of a corresponding dispo- sition on ttie part of the General Government of the United States. The United States further propose, that, until the arbitrator sliall have given his decision, neither Power shall exercise any jurisdiction in the OOl [ House Doc. No. 90. 1 toiiitorv. His Majesty's Government are persuaded that the Goveril inent of jlie United States will, on lurther consideration, sec the niani loUl and seiioiis injuries wliich wouhl result to both Powers I'rom th« j-iropoi^ed ariangemont. It would make the districts along the iVontie a common refuge for the outcasts of both nations, and introduce anionf the present inhabitants, wiio have long lived happily under the jurisdic tion of Cireat Britain, lawless habits, from which it would hereafter b( extiemely dithcult to reclaim them. It would thus render those districtsi ol less value to the State to which they may be ultimately assigned while, by the pernicious contact and examj)le of a vitiated population it would materially endanger tlie tranquillity and good government ot the adjoining dominions of his Majesty and of the United States. In declining, however, to accede to this proposition of the United States, the undersigned fulfds with pleasure the commands of his sove reign, in disclaiming, at tiie same time, in tiie most unequivocal manner, all intention of inlluencing the decision of the arbitrator by any argu ment ibunded upon the continued exercise of this jurisdiction since the peiiod at which the right was first questioned by the United States. The undersigned will conclude by observing, that, as no practical in- convenience has been alleged by Mr. Lawrence to exist, and as his Ma- jesty has renounced any advantage which might be derived in the dis- cussion from the continued exercise of jurisdiction during the period of arbitration, the British Government conceive that, under all the cir- cumstances, it would clearly be more just, as well as more to the advan- tage of both countries, to allow the whole question to remain upon the footing on which it has hitherto stood, until its final settlement by the award of the arbitrator. 'J he undersigned lequests Mr. Lawrence to accept the assurances of his high consideration. ABERDEEN. William B. Lawrexce, Esq., &c. Mr. Lawrence to Lord Abcideen. IG, Lower Seymour street, August 22, 1828. The undersigned, charge d'alTaires of the United States of America, had the honor to receive, on the 14th instant, the note which the Earl of Aberdeen, his Majesly'5 Principal Secretary of State for Foreign Af- fairs, addressed to him, in reply to an otlicial communication made by the undersigtied, on the Jth of May, to the then Principal Secretary of Slate for Foreign Allairs, respecting certain acts of the authorities of New Brunswick, deemed by the Government of the United States in- fractions on their rights of territorial sovereignty. The two specific demands which, in consequence of the occurrences in (pjestioii, the undei signed, by the President's orders, presented to the (lonsideiation of his Majesty's (iovernment, are severally discussed by Lord Aberdeen. On tin; subject of the first of them, viz : " the liberation of Mr. Baker, and the granting to him of a lull indemnity for the wrongs which he has [ Ilouse Doc. No. 90. ] 837 suffered," the undersigned does not deem it expedient, under existing circumstances, to add anything to the representations heretofore urged. The grounds on wliich this demand was made are helieved to have been efficiently set forth in his former note, and it woukl not be proper for lim to comment on the British counter statement, without being acquaint- ed with the President's views respecting certain proceedings in New Brunswick, officially communicated by Lord Aberdeen, and which have occurred subsequently to the date of the instructions under which he is acting. Having tluis assigned the reason for his silence, which is applicable as well to the inferences which have been deduced from " the trial of John Baker" as to the transaction itself, it can hardly be necessary to remind Lord Aberdeen that, if the view which the United States take of their rights of territorial sovereignty be correct, all the proceedings re- ferred to must be admitted to have been before a tribunal wholly without jurisdiction. This topic will not, however, be further enlarged' on, as it is presumed that it is not proposed to conclude, by the sentence of a mu- nicipal court, the rights of a foreign Power ; and that no greater force is attached to the statements alluded to by Lord Aberdeen, as having been given in the course of the trial, than would be attributed to any other declarations made under the solemnity of an oath. How far the United States may regard it as an aggravation of their original complaint, that the prosecution in New Brunswick was proceed- ed with during the pendency of a diplomatic discussion on the right to arrest Mr. Baker, and that he was brought to trial more than two months after a formal demand for his release had been made by the American Government to the British minister residing at Washington, must rest with the President to decide. On the reply of the Earl of Aberdeen to the second demand of the United States, viz : " that New Brunswick should cease from the exer- cise of all and every act of exclusive jurisdiction within the disputed ter- ritory, until the question of right is settled between the two Govern- ments of the United States and Great Britain," it is the duty of the un- dersigned to offer a few considerations, which he conceives are calculated materially to affect the grounds on which the application of his Govern- ment has been resisted. He is particularly induced to submit these remarks at this time, from the circumstance that, as they embrace the substance of observations which he had the honor to make to Lord Aberdeen in conference, they will come with more propriety from him than from the distinguished citizen to whom the interests of the United States, at this important Court, are about to be confided, who, however superior his advantages in other respects, must necessarily be unac- quainted with what may have passed in personal interviews, between his predecessors in office and his Majesty's ministers. The second demand of the LTnited States is considered in connexion with the remark incidentally introduced in the former note of the under- signed, " that New Brunswick can adduce no claims by which a jurisdic- tion, derived from prescription or first occupancy of the country, can be sustained." Without repeating here what has been said on a former occasion re- specting the inapplicability of a title founded on possession, even could I 23 538 [ Honsc Doc. No. 90. ] such a one be established, to the question in controversy, the undersigned will proceed brielly to examine the grounds on which the allegation taken IrtJiu his note is attempted to be controverted. The three reasons on which the disi;ent oi' his Majesty's Secretary of State is founded will be e.xaniined in the order in which they are presented. The first of them is, " that, before the independence of the United Stiites, not only the territory in dispute, but the whole of the adjoining Province and State, was the property of a common sovereign." To the truth of this statement, which is indeed expressed in the words of the unders-igned, no exception is tidien ; but, as the inference which Lord Aberdeen would draw from it is not explained, he may be permitted to remark that it is not perceived how this historical fact contributes more towards establishing a title in JNew Brunswick than in the State of Maine. To use the words of a celebrated authority, " when a nation takes possession of a distant country, and settles a colony there, that country, though separated from the principal establishment or mother country, naturally becomes a part of the State, equally with its ancient possessions." From the principle here established, that the political condition of the people of the mother countiy and of their colonies, during this union, is the same, the inference is unavoidable that, when a division of the em- pire takes place, the previous rights of the common sovereign, on matters equally aflfecting both of the States, accrue as well to the one as to the other of them. From the possession of the disputed territory by his Britannic Majesty, anterior to H 76, a title by prescription or first occupancy might, therefore, with the same propriety, be asserted for Massachusetts, of which the present State of Maine was then a component part, as for Nova Scotia, ihrouf^h which latter Province the pretensions of New Brunswick are deduced. On the second point, the undersigned conceives it proper to state that he cannot admit "that the United States rest their claim to the posses- sion of the territory upon the treaty of 1783," in any other sense than that in which his Britannic Majesty founds, on the same treaty, his claims to New Brunswick. By the instrument in question, which, be- sides being a treaty of peace, was one of partition and boundaries, the title of the United States was strengthened and confirmed, but it was not created. It had existed from the settlement of the country. Where this treaty is applicable, it, equally with all other conventional agree- ments between nations, is of paramount authority, and many of its pro- visions are, from their nature, of a permanent character; but its conclu- sion, though it created new claims to territory, did not destroy any prior right of the people of the United States that was not expressly renounced by it. The title to the district in controversy, as well as to all the territory embraced in the original States, is founded, independently of treaty, on the rights which belonged to that portion of his Britannic Majesty's sub- jects who settled in his ancient colonies, now embraced in the American Union, and upon the sovereignty maintained by the United States, in their national character, since 4th July, 177G. To the general rights of colonists, under the law of nations, allusion heis already been made. To the particular situation of the inhabitants [ House Doc. No. 90. ] 339 of the country now comprised in the United States, it is therefore not necessary further to refer than merely to recall to the recollection of Lord Aberdeen that they were not a conquered people, but subjects of the King of Great Britain, enjoying the same rights with Knglishnien ; and, although they acknowledged the authoiity o( a common sovereign, the right of the Parliament of the mother country, in wiiich they were unrepresented, to interfere in their internal concerns was never ac- quiesced in. F\om the declaration of independence, in 1776, the claims of the United States, in their navional character, to all the territory within the limits of the former thirleen colonies, are dated. Of the fact of their being in possession of sovereignty, comprising, of course, the rights of territorial jurisdiction, no further proof can be required than that they exercised all its highest prerogatives. Nor were these confined to the limits of their own country. Treaties of amity and commerce, and of alliance, were made with France as early as 1778, and similar arrangements were en- tered into by the United States with other foreign Powers, before any settlement of boundary was attempted to be defined by convention be- tween the American States and the adjacent Provinces. The terms, as well of the provisional articles of 1782, as of the defini- tive treaty of the succeeding year, may be cited in confirmation of the view here taken. By the first article of both these instruments, " his Britannic Majesty acknowledges the said United States, viz : New Hampshire, Massachusetts Baj , &c., &c., &c., to be (vee^ sovereign, and independent States; that he treats with them as such ; and for himself, his heirs, and successors, relinquishes all claims to the government, pro- priety, and territorial rights of the same, and every part thereof." This language is suflficiently different from that employed, where it is intended to convey territory by a grant in a treaty, to forbid the applica- tion of the rules in the cases of cession to the renunciation of his claims made by his Britannic Majesty. If, by tracing the limits in the treaty, by which the boundaries of the United States were attempted to be defined, England ceded to them the territory on the one side of the line, the possessions of Great Britain on the other side must be considered as held under a cession from the United States. On these Provinces, indeed, the independent States of America had more or less pretensions at different times during the war ; and they were also entitled to prefer claims to a portion of them, founded on their being an acquisition from France at the time they formed an integral part of the empire. There is, however, nothing in a treaty of partition or boundaries that conflicts with the idea of a perfect equality between the contracting par- ties. For the purpose of preventing all future disputes, the avowed ob- ject of the 2d article of the treaty of 1783, such conventions are frequently entered into between two nations of the same antiquity. As it is believed that the exposition which has been given is sufTicient to show that the character of the right which the United States are enti- tled to advance, under the treaty of 1783, does not imply any " admissioa of the previous title of Great Britain to the territory in question," con- sidered distinct from that of Massachusetts, the undersigned will now proceed to examine the allegation made in the third place by Lord Aber- 340 [ House Doc. No. 90. ] deen, " that no actual delivery of the territory into the possession of the United States has hitherto taken place, ^' and the further assertion that, since the treaty of 1783, until the recent attempts of the State of Maine, the rii^hts of sovereignty have been exclusively exercised by Great Britain. It may be here proper to remark that the delivery necessary to effect a transfer of possession is necessarily dependent as well upon the cir- cumstances under which property is held, as upon the nature of that property itself. With respect to a town or fortress, the delivery is made by certain distinct, sensible acts. This is important in an established communit}', in order to prevent the inconvenience which would result from doubts arising as to the period when a transfer of authority took place, and a new set of duties and obligations commenced. The same motives do not, however, exist with regard to an uncultivated wilderness; and with no propriety can the rules which govern in the one case be applied to the other. Without insisting in this part of the argument, that, from the posses- sion of the " common sovereign," independent of that of the provincial authorities, anterior to the Revolution, no title in favor of New Bruns- ^\'u^k could be derived, which would not equally accrue to Maine, it is sufficient to observe that it is admitted on all sides that the first settle- ments were formed within the last forty years, and that, consequently, the possession, at the conclusion of the treaty of 1783, to whichever party it legally belonged, was only a constructive one. If the preceding views are correct, the constructive possession in question was in the United Staies long before the date of the treaty ; and no further acts Avere or could have been required to complete any title that might then have been confirmed to the American Union. But had any ceremonies been necessary, assuredly the solemn one of making the treaty would have been suflicient ; and looking to the fact that tiie district was then wholly uninhabited, it is diflBcult to conjecture what other formal sur- render- could have been conveniently devised. It is also to be noticed, in discussing this point, that the treaty of 1783, ■svhich is long prior in date to the present federal constitution, was not made with the National Government exclusively, but, as appears by the article already cited, the States were recognised by it as distinct, inde- j)eiifierit communities. When it is borne in mind that they arc all enu- merated by their ancient colonial names, and that '^ the northwest angle of NoAa Siolia" is also introduced as oiie of the points of the boundary, it is, without othei corroborating considerations, sufficiently obvious tkat the lormci boundaries between Massachusetts and Nova Scotia were in- tended to be retained. Under these circumstances, it is not immaterial that Nova Scotia ( including, of course, the teriitory in dispute, if it be- longs to ihat I'roviiice,) was, by a charter of William and Mary, incor- porated in the colony of Massachusetts Bay. By what other mode of iiansfci, it may be asked, than that adopted in the case of the United States, was that ancient possession of Massachusetts divested, either in favor of the sef)arale Provincial Government afterwards established there, or of the French, to whom it was restored in 1G97 f If no actual dcli\eiy ol the uncultivated lands was made on these occasions, accord- I House Doc. No. 90. J 341 ing to the reasoning of Lord -Aberdeen, the former constructive posses- sion of Massachusetts remains at this day in full force. Conceiving that sufficient has been said to prove that the Americans, supposing them to have a claim of right, either had the constructive pos- session at the period of the ratification of the treaty of 1783, or that every transfer was made of which the subject-matter is susceptible, it only re- mains, on this head, to speak of the possession subsequent to the peace of 1783. From the nature of things, a title founded on " immemorial prescrip- tion" cannot exist among the descendants of Europeans established ia America ; but as it is implied, even in a title by " ordinary prescrip- tion," that " the proprietor cannot allege an invincible ignorance ; that he cannot justify his silence by lawful and solid reasons ; and that he has jieglected his right, or kept silence during a considerable number of years," it would seem that, while the officers of the two Governments were actually employed in ascertaining the boundary, no new prescrip- tive title could accrue. Without, therefore, noticing any establishment founded during the pe- riod that the business of surveying and marking out the boundary line was in actual progress, it may be well to consider, for a moment, the character of the settlement through which the British claim of possession is derived. The first inhabitants near the Madawaska river were, as was formerly stated, French Acadians, or, in the words of Lord Aberdeen, " descend- ants of the original French colonists of New Brunswick;" but as this people had, from the period of their subjugation by the joint arms of Eng- land and America, to the formation of their settlement, uniformly resisted the authority of their conquerors, it is not apparent how they are to be considered " British subjects." The claim which either Maine or New Brunswick has on their obedience is only one founded on local alle- giance ; and the existence of this right cannot be established in behalf of either party, except by an assumption of the point in controversy. It can, therefore, hardly be seriously contended that such a settlement, aid- ed by the recent attempts of New Brunswick to introduce its authority by enrolling the militia, and serving process along the frontier, affords evidence of a possession as against claimants under a title confirmed by treaty, not only of the land actually occupied by the individuals in ques- tion, but of an extent of country embracing several millions of acres. The undersigned has already disavowed for his Government any knowl- edge of, much less acquiescence in, these irregular intrusions on the soil ; and, to avoid repetition, he also refers to his former note for an enumera- tion of the acts of sovereignty exercised by the American Governments. The objections offered to his allegation, " that New Brunswick can adduce no claims by which a jurisdiction derived from prescription, or first occupancy of the country, can be established," have now been met; and in maintaining a position, from the attempt to controvert which Lord Aberdeen has drawn important inferences, the undersigned has treated, somewhat at length, a topic which, in his previous communication, was only incidentally noticed. He then conceived that it would prevent pro- tracted discussion, and perhaps render unnecessary the introduction of principles on which there was danger that the two Governments might 342 [ House Doc. No. 90. ] not agree, to begin the deductions of the rights of the Powers from the treaty of partition, by whicli a separation of tlieir dominions was efi'ected. 'J'his method seemed also the most expedient, as, so far as the treaty ■was a|)phcable, it, from its nature, precluded all reference to pre-existing titles, ^^hich became merged in it; and it was believed that the ground •which it occupied covered the whole matter in controversy. The under- signed felt that he might then, without entering at all into the facts re- specting the settlement of the country, have contented himself with the remark, that, "considering the grounds on which the claims of the United States are founded, it is not perceived how arguments, drawn either from first occupancy or immemorial possession, can be made to bear on the principal subject in discussion between the two countries, or how they can atfect the question of temporary jurisdiction." Tbe course of reasoning, however, which Lord Aberdeen has adopted, does not now leave the undersigned at liberty to omit the preceding ex- position ; and he trusts that he has shown that there is no room for the application of tbe rule of law cited by tbe British Secretary of State, viz : " that where a doubt exists, the party who has once clearly had a right, and who has retained actual possession, shall continue to hold it until the question at issue may be decided." It is a sufficient reply to the inference deduced from the silence of the treaty of Ghent, and of previous treaties, as to the exercise of jurisdiction by (/reat Britain, that it is evident, from the proceedings on the occasion particularly mentioned, that the impression was entertained " that the greater part of the territory in question was then unoccupied ;" nor does it appear that the French settlement, on which the British possession is now supported, was at that time known to the plenipotentiaties of either Power. The undersigned learns, with regret, that the United States must con- sider themselves mistaken in the opinion which they had formed of the rule of forbearance inculcated on both sides. They had supposed that by it the parties stood pledged to each other to abstain from the perform- ance of any new acts which might be construed into an exercise of the rights of sovereignty or soil over the disputed territory. As explained by Lord Aberdeen, the mutual restriction would apply exclusively to the exercise of the presumed rigbts of the respective parties as proprietors of the soil, not to their pretensions as sovereigns of the territory. It is dilficult to reconcile with the idea now conveyed the assurance, given eafly in the last year by the British minister at Washington, that "the Lieutenant Governor of New Brunswick cautiously abstains, on his part, from exercising any authority in the disputed territory, which could invite an encioachinent as a measure of retaliation." And presuming that no more was intended to be asked from tlie American (Government tbati bis Majesty's autlioiilies were pre])ared to grant in return, the un- dersigned cannot understand on what principle, consistent with the rule now contended for, complaints were urged by Mr. Vaughan respecting the laying out of land into townships, and marking out roads, by the agents of Maine and Massachusetts. J lad the im|)rcssion ol the Govern- ment of the United Stat(!S been the sanie witb that of bis Majesty's Gov- ernment, as now explained, it is not probable that the disparity in num- bers between tbe American cili/ens and French Acadians in the disputed [ House Doc. No. 90. ] 343 tenilory, relied on by Lord Aberdeen as a material fact, would have at tliis time existed. But, as the conclusion of Lord Aberdeen on the demand of the Ameri- can Government is founded on the opinion "that the circumstances of the two coimtries are extremely diHcrent," and as it is believed that this supposition has been proved to be erroneous, the undersip^ned still flatters hinir^elf that, on a fuller examination, all objection will cease to a ])roposi- tion which has for its motive the prevention of dangerous collisions be- tween neighboring and friendly Powers, and that his Majesty's Govern- ment will admit the propriety of abstaining from a jurisdiction, the exer- cise of which, if persevered in, may lead to consequences for which the undersigned is instructed to declare that the Government of the United States cannot hold themselves responsible. The undersigned takes the liberty of observing that, great as may be the inconveniencesof an absence of exclusive jurisdiction on the frontiers, they have not been, on other occasions deemed, either by the United States or Great Britain, of sufficient magnitude to induce sacrifices of ter- ritorial claims, as is abundantly evinced by conventions entered into by them respecting othei- territory. He would also adduce a fact that has fallen within the scope of his of- ficial knowledge, which shows that the opinion of the President was, at no very remote period, participated in by one of Lord Aberdeen's prede- cessors in oiSce,at the time referred to at the head of his Majesty's Gov- ernment. Mr. Gallatin, in a despatch to the Secretary of State o f the United States, dated in July, 1827, after speaking of a conference with the First Lord of the Treasury respecting the northeastern boundary, ob- serves that " Mr. Canning also suggested the propriety of abstaining on both sides, pending the suit, from any act of sovereignty over the con- tested territory." That such a stipulation was not introduced into the late arbitration con- vention is probably to be attributed to the supposed adequacy of the ex- isting understanding between the parties, and to the fact that no collisions of importance, not disavowed, had then occurred. Considering the protracted discussion on the case of Mr. Baker, and the several other grievances alluded to in tlie note of the 5th May, or brought into view by the correspondence at Washington, the undersigned cannot account for the conclusion to which Lord Aberdeen has arrived, "that no practical inconvenience has been alleged by Mr. Lawrence to exist." He would observe, on the remark which Lord Aberdeen founds on this allegation, that, if British jurisdiction has been heretofore occa- sionally exercised in cases prejudicial to the rights of the United States, their omitting to notice these occurrences in a remote section of their do- minions, and of which they were ignorant, is wholly different from their acquiescing in a transaction where their authority, appealed to by an American citizen, has been openly set at defiance. The undersigned doubts not that the Government of the United States will do full justice to the spirit in which Lord Aberdeen disclaims, by command of his sovereign, all intention of influencing the decision of the arbitrator by any exercise of jurisdiction over the disputed territory ; and he takes this opportunity to remark that it has not been his intention, either on the present or other occasions, by any designations which he may, for convenience, or for the purpose of expressing the conviction of 314 [" House Doc. Xo. 90. ] bis Government on that subject, have given to the district, to assume as uncontroverted any of the points in dispute. He is fully aware that, in the face of a solemn instrument, to which his country is a party, setting forth that dilferences as to the settlement of the boundary in question do exist, and agreeing to refer them to the decision of a friendly sov- ereii^n or State, such an attempt, if made, would be worse than useless. He has, moreover, endeavored, as far as practicable, to abstain from any investigation of the question of right — the true province of the arbi- ter. He can now only add his regret that there is not the same accord- ance of views between their respective Governments on the subject to which this note relates, as was on a recent occasion happily found to exist on a more important business, allecting the same territory, which the un- dersigned had the satisl'action to arrange with Lord Aberdeen. The undersigned renews to Lord Aberdeen the assurances of his high- est consideration. W. B. LAWRENCE. The Rt. Hon. the Earl of Aberdeen, &c. Governor Enoch Lincoln to Mr. Clay. State of Maine, Executive Department, Portland, October 23, 1828. Sir : I have received the enclosed document relative to the situation of Mr. Baker, the American citizen confined in the prison of New Bruns- wick, to whose situation the attention of the President has been paid in the spirit which commands the most respectful acknowledgment. V'ou have seen the aggravated character of Mr. Baker's conviction, and will perceive the unfortunate efiect of his detention, from the necessary induence on his health, his property, his happiness, and that of his family, by the serious disaster in which he is involved. He remains a prisoner under the domination of that Government of which the President, long since, demanded his release, with indemnity. Through him, too, ail his fellow-citizens are suffering injury ; may 1 not add, doing wrong, by too patient an endurance of his o})piession. His family is numerous and respectable, and reduced to want by the absence of a husband and parent's care. His property was growing by his industry and economy, but is falling fast to ruin; and he is a solitary American in a foreign jail. In his conduct he has exhibited the utmost discreetness ; and while, with the firmness of a freeman, and the dignity of a patriot, he has denied the jurisdiction of New Brunswick over his person and property, he has submitted with patience to the power which it belonged only to Maine and his country to resist. If he shall perse- vere, he will deserve to be called truly great ; but it is principally my obj(;ct to solicit information whether he cannot be relieved consistently with the objects the General Government may be pursuing, so that he shall not be made absolutely the victim of tyranny and cupidity. Unwil- ling, after the very acceptable interposition of the President, to adopt any measure which may not accord with his wishes, and relying on the ener- gy with which it is believed every right guarantied by all our constitu- tions will be protected, no measure in regard to Mr. Baker has been adopted, excepting the one I will mention. Finding that Mr. Baker's family are in distress in reference to the means of support, the Council of [ House Doc. No. 00. j 345 this State has unanimously advised the advance of two hundred and twelve dollars for their relief, which has been drawn for that purpose from the treasury. It is deemed that this will be considered as an al- lowance made on account of the United States, and that, to use a mercan- tile expression, it will be honored accordingly. In short, it may safely be said that the confidence inspired by the demand made in this case by the Chief Magistrate of the Union is continued as to all the objects to be insisted upon for the redress of the wrong we have suffered. As Mr. Deane has been requested to take charge of this concern, per- sonally, at the place of the residence of Mr. Baker's family, and is, also, in the employ of the United States, under the direction of Mr. Preble, it may be of some advantage if you shall honor me with a reply, if it shall be received, as soon as your convenience will permit. I have the honor to be, &c. ENOCH LINCOLN. Hon. Henry Clay, &c. Portland, October 13, 1828. Sir : I am authorized by John Baker to apply for the relief provided by the Legislature on behalf of his family. As the Government of the United States has recognised his rights, as a citizen thereof, to the restoration of his liberty, and an indemnity for what he has suffered, it may be proper to make this application with a due saving of the claims that have been thus asserted in his favor. Mr. Baker desires that a representation may be made of the painful situation in which he has been placed for a year past. He expresses a suitable sense of what has been done for his benefit, while he is made to feel that its only effect has been to give a more determined character and continuance to his confinement. Mr. Baker, therefore, solicits that such measures moy be taken as may serve to procure his release. Although it becomes his duty to wait his deliverance, he deems his liberty of too great value to be sold for gain. Besides, that he has been impoverished by the repeated seizures of his property, and the circumstances of his long imprisonment, by the Govern- ment of New Brunswick, his family is in distress for the means of sup- port, and without sufficient shelter against the approaching winter, as the house which he was erecting, when he was taken from them, was unfin- ished. He is also obliged to pay for his own maintenance in prison. I have, accordingly, to request such aid and advice as the condition and circumstances of Mr. Baker and his family may require, and the Gov- ernment of ihe Stale may see fit to extend. I am, most respectfully, your excellency's obedient servant, C. S. DAVEIS. To Governor Lincoln, Maine. Mr. Clay to Governor Enoch Lincoln. Department or State, Washington, J\})vember 6, 1823. Sir: I have the honor to acknowledge the receipt of your excellency's letter under date the 23d ultimo, transmitting a copy of a letter addressed 346 [ House Doc. No. 62. ] to you by C. S. Davies relative to the case of tlie unfortunate J(»hn Ba- ker. The I'residenf, participating with you in the sympatliy felt on ac- count of his condition, regrets that the eflorts whicli have been made to ob- tain his liberation, and indemnity for tiic wi'ongs which he has suffered, liave been hitherto unavailing. Your excellency states that the Council of the S'rtte of Maine has advised the advance to Mr. Baker of $212, for liis present relief; which is considered to be a proper charge against the Federal Government. I am authorized by t!ie President to say that the State of Maine shall be reimbursed the sum thus advanced. Your excel- lency's diiift for that amount upon this Department will be duly honored, whenever ])reseuted. 1 have the honor to be, with great respect, your excellency's obedient servant. H. CLAY. His Excellency Enoch Lincoln, Governor of Maine. [House Doc. No. 62— 23d Congress, 2d session.] Message from the President of the United States, transmitting information in relation to the establislimeHt and settlement of the northeastern bound- ary of the United States. Washington, January 6, 1835. To the House of Representatives of the United States : In answer to a resolution of the House of Representatives, passed on the 27th ultimo, ( transmit a rejmrt made to me by the Secretary of State on the subject ; and I have to ac(piaint the House that the negotiation for the settlement of the northeastern boundary being now in progress, it would, in my opinion, be incompatible with the public interest to lay before the House any communications which have been had between the two Govern- ments since the period alluded to in the resolution. ANDREW JACKSON. Department of State, If'ashington, January 5, 1835. To the President of the United States : The Secretary of State, to wliom was inferred a resolution of tlr House of Re|)resentatives of the 27th ultimo, requesting the President *' to lay before the House (if, in his opitiion, it is not incompatible with the public interest) any communications which may have been had between the Gov. eminent of tlie United States and that of Great Britain, since the rejection, by the former, of the advisory o|)iriion of the King of the Netherlands in reference to the establislimcnt and final settlement of the northeastern boundary f)f the United States, heretofore in controversy between the two Governments ;" and also r»'t|iM'sting the President »Mo communicale any information he may possess of the exercise of practical jurisdiction, by the authorities of the IJritish Province of New Brunswick, over the dis|)uted territory witlTm the limits of the Stale of Maine, according to the true line of boundary, as claimed l)y the United States, and especially upon that part of the territory which has been incor|iorated by the Government of Maine into the town of Madawaska j together with such representations and cor- t House Doc. No. 62. ] 347 respondcnce (if any) as have been had by the Executive of that State with the Government of the United States on the subject" — has the honor to report tliat tije Dejjartment has no information, which has not ali-eady been laid before the House, of the exercise of ])ractical Jui'isdiction, by the authorities of the British Province of New liiunswick, over the disputed territory within the limits of the State of Maine, nor any other representa- tion or correspondence had by the Executive of tliat State witli the Govern- ment of the United States on that subject. Representations were made to this Department in tlie latter partof the year 183^% by the British minister at Washington), on the part of the authorities of New Brunswick, complain- ing of infractions of the understanding subsisting between the two Govern- ments in regard to the disputed territory. I'hese complaints, however, on being refeired to the Governors of Maine and Massachusetts, for ex- planation, were believed to be without just grounds: there was no complaint on the partof Maine, and the correspondence which took place on the occa- sion is not supposed to be within the scope of the resolution of the House. As the negotiation between tlie United States and Gieat Britain, which was commenced, in accordance with a resolution of the Senate, after the rejection of the advisory opinion of the King of the Netherlands, for tire establishment of the northeastern boundary, is now in progress, it is sub- mitted to the President whether it would be compatible with the public interest to lay before the House any communications which have passed between the two Governments on the subject. All which is respectfully submitted. JOHN FORSYTH. [House Doc. No. 125 — 24th Congress, 2d session.] Message from the President of the United States, transmitting a copy of a letter from the Governor of the State of Maine, claiming the reimbursem,ent of certain moneys paid to John and Phineas R. Har- ford out of the treasury of that State. To the House of Representatives of the United States : I herewith transmit to the House the copy of a letter addressed to nie by the Governor of the State of Maine, on the SOth of June last, commu- nicating sundry resolutions of the Legislature of that State, and claiming the reimbursement of certain moneys paid to John atid Phineas R. Har- ford, for losses and expenses incurred by them under circumstances ex- plained in the accompanying papers. ANDREW JACKSON. Washington, January SO, 1837. state of maine. Executive Department, Mgusfa, June 30, 1836. Sir : In compliance with a request of the Legislature of this State, I have the honor to transmit to your excellency the accompanying resolutions. It will be recollected, that in August, A. D. 1831, a meeting of the in- habitants of Madavvaska was held for the purpose of organizing the gov- ernment of said town by the election of town officers. A subsequent 348 [ House Doc. No. 125. ] meeting of said inhabitants was held for the choice of a representative to reiiresent Ihem in the Legislature of this State. In consequence of these meetings, a Uritish nulitar^ force anestcMl several of our citizens concern- ed in said jiroceedings. carried them to Krederickton, in the Province of New IJrunswick, and there confined them in jail. John Harford, to es- cape capture, tied to the woods and secreted himself for about sixty days. IJis crops, in consequence, were damaged by tiie irruption of cattle into his fields, and he has since been compelled to abandon his land. Phineas R. Harford, at the time of the approach of the Uritish military force aforesaid, lied to the uj)per settlements of Madawaska, where he was cho- sen by the inhabitants to accompany John Baker to Portland, to convey to the Executive of this State the situation of affairs at Madawaska, For the losses and expenses thus incur-red by the said John Harford and Piiineas R. Harford there has been paid to each of tliem, from the treasury of this State, the sum of one hundred dollars. It has been made my duty, by a resolve of the Legislature of Maine, to bring this subject to your excellency's consideration ; and I would respect- fully request that the sums paid as aforesaid to the said John Harford and Phineas R. Harford may be reimbursed to the treasury of this State by the Government of the United States. I have the honor to be, with sentiments of high consideration and re- spect, your excellency's obedient servant, ROBERT P. DUNLAP. To his Excellency Andrew Jackson, President of the United States. STATE OF MAINE. Resolve in favor of Phineas R. Harford. Resolved, That, for the reasons set forth in the petition of Phineas R. Harford, and in full for the losses and expenses mentioned in his said peti- tion by him sustained, there be allowed and paid to the said Phineas R. Harfoid the sum of one hundred dollars; and tlie Governor, with the ad- vice of the Council, is hereby authorized to draw his warrant on the Treas- urer for the same. Resolved, That the Governor of the State be requested to ask and re- ceive of the Government of the United States a reimbursement of the sum hereby allowed to said Phineas R. Harford, after the same shall have been by him received. In the House of Representatives, March 5, 1836. Read and passed. JONA. CILLEY, Speaker, In Senate, March 7, 1836. Read and passed. J OS I AH PIERCE, Preside7it. Approved, March 7, 1836. ROBERT P. DUNLAP. STATE OF MAINE, Secretary's Office, ^Tugrista, Juncl, 1S36. I hereby certify that the foregoing is a true copy of the original de- posited in this ollice. Attest: A. R. NICHOLS, Secretary of State. [ House Doc. No. 31. ] 34& STATE OF MAINE. TuiiAsruY Ovh'iCK, June 2H, 1836. I certify that the within-mentioned sum oi' one hundred dollars was paid from tliis ollicc, to the order of the within-namid Fhineas R. Harford, on tliC 5th day of April last. ASA REDINGTON, Jk., Treasurer. STATE OF MAINE. Resolve in favor of John Harford. Resolved, That, for the reasons set forth in the petition of John Harford and in full for the losses and expenses mentioned in his said petition, by him sustained, there be allowed and paid to the said Juiin Harford the sum of one hundred dollars; and the G')veriior, with the advice of tlie Council is hereby authoiized to draw jiis warrant on the Treasurer for the same. Resolved, That the Governor of this State be requested to ask and re- ceive of the Government of the United States a reimbursement of tiie sum hereby allowed to said John Harford, after the same shall have been by liim received. In theHouseof Representatives, March 5, 1836. Read and passed. J UNA. CILLEY, Speaker. In Senate, Marcli 8, 1836. Read and passed. JOSIAH PIERCE, Prm^/en/. Approved, March 9, 1836. ROBERT P. DUNLAP. state of maine. Secretary's Office, Augusta, June '2.1, 1836. I hereby certify that the foregoing is a true copy of the original deposit- ed in this office. Attest: A.R.NICHOLS, Secretary of State. STATE OF MAINE. Treasury Office, June 28, 1886. I certify that the within-named sum of one hundred dollars was paid to the within-mentioned John Harford, on the 5tli day of April last. ASA REDINGTON, Jr., Treasurer. [House Doc. No. 31 — 25lh Congress, 1st session.] Message from the President of the United States, transmitting the in- formation required by the resolution of the House of the 13th instant y upon the subject of the northeastern boundary of the United States. Tothe House of Representatives of the United States: I herewith transmit to the House of R<'presejitatives a report from the Secretary of State, accompanied by copies of the correspondence requested by their resolution of the I3th instant. M. VAN BUREN. Wasuington, September S,6, 1837. 350 C House Doc. No. 31. ] Department of State, ff'asliinglon, September 25, 1837. The Secretary of State, to N\hom was referred the resolution of the House of Representatives dated the 13th instant, requesting the President to communicate to that body, " so far as the public interest will permit, the correspondence between the Government of the United States and that of Great Britain, relating to the i\ortheastern boundary of the United States, since (he message of the late President to the Senate of the United States of the 15th June, 183G, and all the correspondence which has taken place since that period between the Government of the United States and the Governor of the State of Maine, on the subject of alleged aggressions upon the rights of Maine by the British authorities," has the honor re- spectfully to submit to the President copies of the letters and documents requested by that resolution. JOHN FORSYTH. List of accompanying papers. Letter from the Governor of Maine to the Secretary of State, (with enclosures,) dated - - March 30, 1837. Same to the President (with enclosures) - April 30, 1837. Same to same (with enclosures) - -June 27,1837. Same to same (with enclosure) - - . June 19, 1837. Secretary of State to the Governor of Maine - June 26, 1837. Governor of Maine to the Secretary of State (with enclosures) . - - - - July 3, 1837. Secretary of State to the Governor of Maine - July 14, 1837. I Governor of Maine to the Secretary of State -June 27,1837. Secretary of State to the Governor of Maine - July 19, 1837. Governor of Maine to the President - - July £8, 1837. Secretary of State to the Governor of Maine - Aug. 17, 1837. Same to same - - - - -Aug. 25,1837. Mr. Forsyth to Mr. Fox - - March 23, 1837. Mr. Fox to Mr. Forsyth - - - March 28, 1837. Same to same ... - -Aug. 24,1837. Extract from Mr. Stevenson to Lord Palmerston - Aug. 10, 1837. state of maine. Executive Department, Jugusta, JIarch 30, 1837. Sir : In compliance with a request of the Legislature of this State, I have the honor to transmit to you the accompanying report and resolu- tions. I am, very respectfully, your obedient servant, ROBERT P. DUNLAP. The Secbetart of State. f House Doc. No. 31. ] 351 state of maine. House of Rkpbbsentatives, starch 29, 1837". The Joint Select^ Committee who had under co7isideralion the order re- lating to the expediency of calling the attention of Congress to the subject of fortifying our maritime and interior froyiticr, have attended to that duty, at^d ask leave to present the following report : One object of the fedeial compact is '* to provide Cor the coiomon de- fence and general welfare." In accordance sv'.th these objects of the compact, the Getjeral Govern- ment ha?, froiD fime to time, made liberal appropriations for fortifying and defending the sevejal States along our extendedjnaritin.e fiontier, west and south of the western boundary line of this State ; east of that line, a mere trifle has, as } et, been appropriated for tliese objects. Maine has a maritime frontier of about five hundred miles in extent, following the indentations of her shores; and our interior frontier, bound- ing on New Bi'unswick on the east and the Canadas on the north, is about six hundred miles in extent. Considering this great extent of seacoast, her numerous excellent har- bors, her noble livers, and great advantages for ship-building, and her proximity to the fishing grounds, probably no State in the Union possesses the natural advantages for carrying on this branch of industry that Maine does. It is a fact woithy of consideration, that all maritime nations have look- ed to their fisheries as the nursery of hardy seamen for the merchant ser- vice in time of peace, a»)d for the navy in time of war; and, as a great question of national policy, (aside from the inducement to encourage this branch of business as an unfailing source of natural wealth,) it is deemed worthy of the fostering care of all commercial nations. Already the navigation of Maine is estimated at more than three hun- dred thousand tons, and exceeded by only two States in the Union ; and her increase, annually, of tonnage, is greater than that of any other State. The abundance of building materials, believed to be inexhaustible, her great conveniences for ship-building along her extended seacoast, her numerous bays, rivers, and harbors, render it highly probable that tlie day is not far distant when the maritime interests of Maine will exceed that of any of her sister States. And if reliance can be placed upon the state- ments of a scientific engineer of high respectability and standing, who has, during the past year, under the direction of the Government of this State and our parent Commonwealth, made a geological survey of a por- tion of our State, it may be doubted whether the same extent of territory on the continent contains more real value, viewed in all its bearings, (the facilities of quairying, manufacturing, exporting, and its influence upon the great interests of the State and nation,) than is contained in our inex- haustible quarries of granite, lime, marble, slate, &c., mines and minerals, in which large and profitable investments are already made. Some of these branches of business have been carried on for many years, and others to a large extent are commencing under the most favorable auspices. . These, together with our agricultural, commercial, and manufacturing interests ; our immense forests of invaluable timber ; with a water power oS vast extent and value; giving us the means of laying the seaports of 352 [ llouse Doc. No. 31. ] tlie Union iindtr a contribution fur ages to come, and wanatiting the be- lief that oiji- jjiosent sliijiping interest will be sustained and employed, and a great inci-easc required. About (iiic tliird oT the most valuable poition of our territory is claimed bv (ireat Britain ; and the history of this j)rotracted controversy, from its comnieruenient to the jji-esent time, is sucli as to awaken general anxiety. "We are admonished, by recent events, that we have not yet reached the termination of our toils and en)l)airassments ; and tliey liave awakened (he painful api)iehensi«in that our just rights may not be secured by honor- able negoliatiun or patient submission to uii}»rovoked injuries. These con- siderations, in the opinion of your committee, call loudly for the interposi- tion of the General Government, and rc(|uire at tlieii* hands all needful prejjaration for possible contingencies. The late Goveiiior Lincoln, nearly ten years since, called the attention of the Governnient to the importance of erecting a strong fortification in some eligible position on the confines of that ])oition of our torritoiy to which an adverse claim is set up by Great Britain. In the opinion of youi- committee, the subject has lost none of its interest since that period ; but, on the contrary, the events to which we have alluded give to it vastly augmented importance j and, to our view, irresj)ective of any conditions growing out of the {)resent contro- versy, a stiong fortification upon the noitheastern boundai-y of the United States, situated far in the interior, arid upon the confines of a foreign country, and surrounded by millions of aci-es of fertile land, destined soon to be peojjled w ith a numerous po])ulation of hardy yeomanry, is of high importance. Our isolated situation, being the northeastern boundary of the nation, with an interior frontier of upwards of six hundred miles upon a foreign country, and a large proportion of our territory lying between two ProV' inces of Great Britain, and so situated as to render it greatly 1 > the ad- vantage of that nation to possess it ; the inflexible determination w Inch she manifests to pursue the course which interest dictates, should not be forgotten. The extent of our seacoast, the cxjjosed situation of our sea- ])oit low IIS, lying w ithin a few hours' sail of the British naval depot in the neighborhood of Maine, the disastrous consecjueuces of our defenceless situation duiing the last war, the great and increasing maiitime inteiests w hich we have at stake, without one single point w here a shij), if depend- ent u|)on the United States fortifications, would be safe from the attacks of a frigate; these, and the consideration that litde, comparatively, has yet been tlone foi- Maine, seem to our view to constitute irresistible reasons ■why Maine should no longer be forgotten oi- neglected in the common defence of the country. Through all (lie Iong-|»rotracted struggles, difliculties, and embarrass- ments ol our infant republic, this portion of our Union has never been ur- gent or iin|ioitunate in pressing its clainjs, but has submitted patiently to the force ol" circumstances which reiideied it necessary to defer them. JJut, i.i the ))resent altei-ed condition of the countiy ; the national debt j)aid off; at a season of universal peace and unexamj)le(l prosperity ; with an overbtndened Treasui-y, and when it is deemed necessary, to dispose of it, to resoit to measuies whi( h many en)inent statesmen consider unwar- ranted by the constitution, and which a great portion of the peoj)le of the Union consider a doubtful policy : at such a period, and under such cir- cumstances, it is dillicult to perceive the justice of longer withholding I House Doc. No. 31. J 353 suitable approprlafions fi)v the (Icfencc (if Maine ; and, to our view, they Can only be uitbbt'ld by doing viidencc to tlie principles of equal rights, and b) neglecting a plain ((Misiilndnnal lulioiis which are herewith CtMnmunicaied. As ihe suliject is otse in which the |)eople of Maine have a deep Interest, I feel a confidence it will commend itself to your early at- tention. With high consideration, I have the honor to be your obedient servant, ROBERT P. DUiNLAP. His Excellency Martiv Van Burex, Presiilent of the United States. 24 354 [House Doc. No. 31. ] STATE OF MAINE. In HoCSK of liEPRESENTATIVES, February 2, 1837. The Ji)'mt CommUtec to whom were referred so much of the Govciuor's messa"'c as iclatt's to the INortheasteni houndary, atid the (h)ciiments and evidoiici', togi'thcr with an order t)f the two Houses itistriictii)t; the coinmittec «»to inquire into the ex|)editMKy (if providing hy law for the a|)i)ointment of commissioners on the part of this State, by the consent of the Govern- ment of tfic United States, to survey the line between this State and the Province of New Brunswick, according to the treaty of 1783, to establish monuments in such jilaccs as sliall be fixed by said commissioners aHd by commissioners to be an|»()inted on tiie i)art of the Government of Great Britain," have attnidt (1 to the duties assigned them, with the industi-y and solicitude which tlie importance of the subject demanded, Could the committee have sjjared tlie time, and had the means to obtain documents not NAithin the jurisdiction of the Slate, and consequently out of its po\\er, a more clear, methodical, and jjcrfect view of the subject would have been presented : but as there had been hitherto so much procrastination, and the impatience of tlie public, already great, was becoming more and more intense, your cnmmittoe, \\ithout furtlier pieamble or apology, ask leave to present the fidlowing report : 'I'he Legislature and people of Maine, we believe, will not contend that the tieatv-niaking power of the United States does not extend to a final adjustment of a disj)uted and undefined line of boundary between a State and a foreign nation. But we do insist that no po\\er is gianted by the constitution of tiie United States U)liwit or charge thehoundnry of a State, or cede a jiart of its ierritcrij ivithout its consent. It is even by no means certain how far sticli consent would enable the treaty authoiity to exert its powers. Citizens might be made the subjects of a treaty transfer, and these citizens, owing allegiance to the State and to the Union, and alle- giance and |)rotection being rccipi-ocaliy binding, the right to transfer a citizen to a foreign Government, to sell him, might well be questioned, as being incojisistent with the sjjirit of our fi*ee institutions. But, be this as it mav, Maine will never concede the principle that the President and two-tiiiids of the Senate can transfer its territory, much less its citizens, without its j)ermission, given by its constitutional organs. Your committee, howe\er, deem it but fair to admit that they have dis- covered no inclination in the General Government, or any department of it, to assume this power. On the contrary, the President has repeatedly dediiu'd the ado|)tion of a converitiotial line deviating from the treaty of 178r), u|)nn the express ground that it could not be done without the con- sent of Maine. Il is due. nevertheless, to the State of Maine to say, that the committee have no evidence that any conventional line has been ])roposed to them for their consent. It indeed a|)j)ears that tlie consent of Maine had not been ei\en to the adoption of any other boundary tiian that prescribed by the treatv of 1783, uj) to the 29th February, 183G ; and we are well assured that no pioposition lor a dilVerent boundary has since that time been made to anv departuK lit of tl»c Government of tliis State. The President of the United Slates, on the 15th June last, communi* [ House l>oc. No. 31.] 355 cated to the Se'iiate, in compliance with their resolution, a copy of the cor- respondence relative to the Northeastetii hoiiiuiary. This correspondence embraced a period IVoJn the 2lst July, 1832, to the 5(h iMarcIi, 183G. Tlie opinion and achiceof the Ring of tiie Nelherlands, to whom the controversy was referred by tltc provisions of the treaty of Glient, was made on the lOth January, 1831 ; and of the three <|uestions subnjitted, viz : the J^^ortheasfern boundary, the nortlnvesternmost head of Conneclicut river^ and \Uc forty -fifth parallel of latitude, he seems to liave determined but one. He did decide that the source of the stivam running into and through Connecticut lake is the true northwest head of that river, as in- tended by the treaty of 1783 ; and as to The rest, he advises that it will be convenient (il conviendra) to adopt the *' thalweg," tlie deepest channel of the St. Jolin's and St. Francis, for the north line ; and that the 45th de- gree is to be measured in order to mark out the boundary to the St. Law- rence, with a deviation so as to include Rouse's point within tlie United States. As to the convenience of establishing the St. John's and St. Fran- cis as the northern boundary of Maine, we have only to observe, that, how- ever "convenient" it may be to Great Britain to obtain so large a portion of our territory and waters, it would certainly be very inconvenient to us; and inasmuch as we are probably capable of judging of our own '' conveni- ence," and have never solicited the advice of any one on this poitit, it is scarcely to be expected that we shall be advised to adopt a line so prepos- terous and injurious. It was in this view, and in strict conformity with the constitution con- ferring the treaty power, that the President, on the 7th Decembei-, 1831, submitted to the Senate this ♦• award" and " advice" of the King of tlie Netherlands. Senators were divided on a priticipal point ; some insisting that to carry the award or opinion into eflect, w as only in execution of the treaty, and it therefore belonged exclusively to the President *' to take care" that this ''supreme law" was faithfully executed, or to reject it .altogether. But the prevailing opinion was, that this " award" or '• advice" was perfecting an unfinished treaty, and that therefore it could not be effected by the ^'resident without "the advice and consent of the Senate, two- thirds of the members present concurring therein." So far from the con- currence of two-thirds for the measure, there were thirty-four to eight against it; and it was consequently rejected, and a recommendation to the President was adopted, to open a new negotiation to determine the line of boundary according to the treaty of 1783. It is insisted by the British ministers that a due north line from the monument at the source of the St. Croix will intersect no highlands de- scribed in the treaty of 1783. Now this is ai' assumption by Great Brit- ain totally unwarranted by any evidence. The boundaries bearing upon the question are thus given : «' from the northwest angle of Nova Scotia, to wit, that angle which is formed by a line drawn due north from the source of the St. Croix river to the highlands, along the said highlands which divide the rivers that empty themselves into the St. Lawrence from those which fall into the Atlantic ocean, to the northwesternmost head of Connecticut river ;" "east by a line to be drawn along the middle of the river St. Croix, from its mouth, in the bay of Fundy, to its source, and from its source directly north to the aforesaid highlands which divide the rivers that fall into the Atlantic ocean from those which fall into the St. Lawrence.'' 356 [ House Doc. No. 31. ] The first object, starting-place, or tenniims a qun, is iU'iH jwrllnvest angle of JS''ova Scotia. It is the coi-ner of (he Hiiti.sh Province, designated by themselves. It was presumed, and it is still believction for us is, Are there any highlands north of the bay de Chaleurs, extending in a westerly direction, toycanls a north line drawn from tlie monument. -• If tliis line westerly from tlie bay be not distinctly marked so far as to inttrsect this north line, the priri( i|)le is to extend it in the same direction to the place of intersection : tliat is, if the line between Nova Scotia an hether, from the peaceful spirit of our Government, the Christian pa- tience of Maine, or the " modest assurance'' of the British negotiators, any or all; certain it is, tiiat his Britannic Majesty's pretensions are ^row;- ing every day. It is not only an aftertiiought, but one very recently con- ceived, that we were to be driven soutii of the St. John. His Brilaimic Majesty's agerit, (Mr. Chipman,) who has been lately urging us south of that river, was also agent to the commission under the treaty of 1793, to ascertain the true St. Croix, and, in insisting on a more western br-anch of (his i-ivei', gives as a i-eason, that a line due noith will cross the St. John's farther np, whei-ea;?, if you take an eastern branch, such line will cross near hredcrickton, the seat of Government of New Brunswick, anil mateiially infringe ui)on his Majesty's Province. He not otily admits, hut contends, that this nortliline nmst cross the river, lleie are his words: '» 'I'liis north line must <)f necessity (ross the river St. John's." Ml-. Listoti, the British minister, in a private leltei- to Mr. Chipman of 2.3d October, 179S, lecommendsa modification of the powers of the commissioner.s, for the reason that it mi'^hl give Great Britain a [ House Doc. No. 31. J 359 greater extent of nnvigation on the St. John'n river. 'VUc same agent (Mr, Clii|niirtii) was also agent under tlie loiiitli artirle of the treaty of (ihcnt; and we (ind liini ((intiridiiig tliere, that the northwest angle of Nova Scotia is the same designated in the grant to Sir William Vlexander in 1621, s»d)ject only to such alteiations as weie occasioned hy the erection of the Province (»C Qiiehec in 176S. Now, we have already seen that this south lineol the Province of Quebec, so far from altering this noithwest angle, in fact confirms it. In perfect accordance with this disposition to encroach, is a proposition of the British minister, (Mr. Vatighan,) that, inasmuch as the highlands cannot be found by a due tiorth direction from the monument, we should vary 7V est uutW we should intersect tliem, but not east! Now, that in case a mormment cannot be fouml in the course prescribed, you should look for it at the left, but not to the right, seems to us a very sinister proposition. We have shown, and, as we think, conclusively, that the range of high- lands is to be looked for on British ground, and imwhere else ; because it it is their own boundary, and a line which must, with an ascertained north line, form the angle of one of their own Provinces. And yet we are not to examine there at all ; we have never explored the country there, and are expected to yield to such arrogant, extravagant, and baseless preten- sions! We would ask, why, in what justice, if we cannot find the object in the route prescribed, are we to be thus trammelled ? where is the reciprocity of such a proposition, so degrading to the dignity and insulting to the rights and liberties of this State ? No! the people of Maine will not now, and we trust they never will, tamely submit to such a one-sided measure. The next restriction or limitation with which this negotiation is to be clogged, is an admission that the Ristigouche and St. John's are not At- lantic rivers, because one flows into the bay de Chaleurs and the other into liie bay of Fundy, yet neither falls iitto the river St. Lawrence. Tliey would tiien find those highlands between the St. John's and the Penobscot. T'here cannot be a more arrogant pretension or palpable ab- surdity. Sujipuse the waters of both these rivers are excluded, as flowing neither way, still the waters that flow enc/i wrtz/ are so far separated as to leave a tract of country which, if ecjually divided, would carry us far beyond the St. John's. But we admit no sucii hypothesis. The Atlantic and the sea are used in the charters as synonymous terms. The Risti- gouche, utiiting with the bay de Chaleurs, which communicates with the sea, and the St. Jolin's, uniting with the bay of Fundy, which also com- municates with the sea, and that, too, by a mouth of ninety miles wide, are both Atlantic rivei's. These rivers were known by the negotiators not to be St. Lawrence rivers ; they were known to exist, for they were rivers of the first class. If they were neither St. Lawrence iior Atlantic, why were they not excepted r They weie not of the former, therefore they must be included in the latter description. Indeed, if rivers uniting with At- lantic bays are not Atlantic rivers, the Penobscot and Kennebec, which unite witli the respective bays of Penobscot and Sagadahock, would not be Atlantic rivers; and then, where are those highlands winch divide the waters referred to in the treaty of 1783 ? Should we leave this question unsettled a little longer, and the British claims continue to increase, we might vei'v soon find these highlamls south of the Contiocticut, and all the intermediate countiy would be recoLonixied by "construction." We tUere* 360 [ House Doc. No. 31. ] fore invoke the sympathy of all New England, witli New Yoik besides, to unite against this progressive claim — tliis avalanclio. wliich tlireatens to ovorwhilrn them as well as oitrstlvcs. Again : if this Mars iiill (and we confess we cannot speak of the pi-e- tensiun with any patience) is the nnrllncest angle, ami liie nuilh boundary of >.'ova Scotia and the soutli boiin(lar> of the Province of Quebec are the same, and north of the bay de Chaleurs, tlien there is indeed 7 e know some of them, to be sure, such as the Oelle. fCamonska, Verte, Trois Pistoles, Jlemonskeij, and .Metes, on the left, and the Blanche, Lnnis, Magdalen, and others, on the right of this line ; but we know them chiefly as on maps, and as transcribed from older maps, but \(.'\-y little from actu- al survey, or even exjdoratiun. An examinaiiMii of the sources of those rivers at the right of ijiis north linCj with the important inttnral boundary, the north shore of the bay de Chaleurs, would accurately define the divis- ional line between the I*rovinces of Quebec and Nova Scotia, which, ex- tending west, would intersect the due iiortli line, and thus form the north- west angle of Nova Scotia. It moreover apjiears that little or no exploi'ation has been made of the lands cast of tiie due iioi (h line. It seems strange to us. allhongh it may be satisfactorily explained, why we should have lieen drawn away from this very iiiiportant region. It is, indeed, the true source of iiKpiiry. In this direction the evidence is to be found ; and Maine can never be satisfied until it is looked for here. [House Doc. No. 31. ] 361 An extraordinary method of adjusting this question, though in perlect accordance with other pretensions, has been j)n>p(ise(l by Great Britain — that the disputed territory sliould be divided in equal jjortions, eacli party being satisfied of ll»e justice of its claims. To tliis proposition we cannot subscribe. It is equally unjust between nations and individuals. NVhcth- er a party in contioversy is satisfied or not with the justice of his claims, is what is only known to himself; and, constMiuently, the one whose claims are most exorbitant, however unjust, will always get the best end of the bargain. But such a rule would, in this case, apply most unfortunately to Maine. We are limited, at farthest, to the St. Lawrence, atnl to a very narrow point there ; while the Britisli may extend their claims to the south and west indefinitely. Establish this principle, and we shall soon find their claims, already so |)rogressive, stretched over to the Piscata(jua; and then if we are to divide ecpially bolij as to quantity and quatitij, the divisional line would fall south of the Kennebec. If the want of the con- sent of Maine is the obstacle to such an adjustment, we tiaist it will always remain an insuperable one. Indeed, we protest against the application to us of such a rule, as manifestly unequal and unjust. We come now to the recent transactions of the British colonial authori- ties, sanctioned, as it appears, by the Government at home ; and we regret to perceive in them, also, those strong indications of continual and rapid encroachment which have characterized that Government in the whole of this controversy. Mr. Livingston, in his letter of the 21st of July, 1832, proposes that, ''until the matter be brought to a final couclusion, both parties should refrain from the exercise of jurisdiction ;" and Mr. Vaughan, in his reply of 14th April, 1833, in behalf of his Government, *' entirely concurs." Here, then, the faith of the two Governments is pledged to abstain from acts of jurisdiction until all is settled. Now, how are the facts ? We understand, and, indeed, it appears by documents herewith exhibited, that an act has passed the Legislature of New Brunswick, " incorporating tlie St. Andrew's and Quebec railroad company ;" that the King has granted £10,000 to aid the enterprise, and tliat the Legisla- ture of Lower Canada, by its resolutions of both Houses, lias approved the scheme and promised its co-operaticn. It may be that the Government at home was not aware that this railroad must inevitably cross the dispu- ted territory. But this ignorance of the subject seems incredible. A railroad from St. Andrew's to Quebec would be impossible, unless it crossed the territory in question ; even next to impossible, and totally useless, were it to pass to the north of St. John's. It seems therefore extraordinary indeed, that the British Government, even in the incipcnt stages of this enterprise, should make an appropriation wliich is in direct violation of its solemn l)lcdge. To give to a railroad corporation poweis over our riglits and property, is the strongest act of sovereignty. It is an act of delegated power wliich we ourselves give to our own citizens with extreme caution, and with guarded lestrictions and reservations. Tliis railroad must not otily cross the disputed territory, but it crosses it fifty miles south of tlie St. John's, and almost to the southerly extremity of the Briti^,h claim, ex- travagant as it is. By the map herewith exhibited of the survey of the route, it appears that the road crosses our due north line at Mars hill ; thence, doubling round it towards the south, it crosses the lioostic between the Great and Little Machias; the Meguush at the outlet of First lake, a 362 L House Doc. No. 31.] brancli of ihe Sr. John's south of BUich river, and j)asscs into Canada bctwctri »'S|)ruce hills" on the right, and "Three hills" on the left; thus crossing a tract of country south of the St. John's, one hundred by fifty miles. We have not a copy of the act of incorporation of New Biuris\\i( k, and cannot, therefore, say that the route there defined is the same as on the map. lie this as it may, ( ertain it is, as any one will see, that no possible route can be devised which will not cross the tei-ritory in que^iion. It is, then, a deliberate act of jjowei-, palpable and direct, claim- ing and exercising sovereignty far south e\cn of the line I'ccotiimended by the King of the Netherlands. In all our inquiries and examinations of this subject, there has been great negligence in regard to this northwest angle. Judge Benson, one of the commissioners under Jaj's treaty, in a letter to the President of the Uni- ted Slates, expressly and clearly defines this angle. lie states distinctly that the due nor-th line fr-om the sour'ce of St. Croix is the west side line, and the highlands ar-c the north side line which form this angle ; and this had never been questioned by the British themselves. The due nor ih line, viz : the west side line, was established by the com- mission of which Judge Bensorr was a member-, and the British have made the north side line to be north of the bay de Chakurs; and yet, with these posUilates, to pr'etend that the points of intcr'section cannot be found, is one of the greatest of their absurdities. And another absurdit}- quite equal is, that, after |)assing west along the north shore of this bay, they would fall down nearly south more than one hundr-ed miles to Mars hill, about sixty miles from the south shore of the Pr-ovince, at the bay of Passamaquoddy, whichjis a part of the bay of Fundy ; and this point, too, of so little incli- nation, that it is a palpable perversion of language to call it an angle, much more a northwest angle. It is indeed time for us to begin to sear'ch, and in the right places too, irr order- to put a stop to these j)erpetual encroachments upon our territory and rights. Our first object should be to ascertain and tr-ace the north boundary of Nova Scotia, which is the south boundar-y of the Pi-ovince of Quebec, and sec if Canada comes as far down as Mars hill. And we should pr-ocecd to finish taking the elevations on the due north lirre to some ])oint where the waters divide. The General (jovernment should be imme- diatily called on to execute the work, with the co-oper-ation of Massachu- setts and Maine. Notice sliould be given to the British author-ities to urrite in the under taking, and, if they refuse, our Gover-rjmcnt ought to proceed ex parte. The act would be entirely pacific, as the object would be to as- certain fuits ; much more pacific than the sur>ey, without notice, o( \\\e St. Andrew's and Quebec railroad through our territor-y — not for tlie \)uv- ])ose <»f ascertaining a boundary, but to assume jur-isdiction. Your coniiiiittee |ta\e giMie through this tedious investigation with all the delilicratiitn, exa( triess, and candor-, which our- time, means, and feelings would allow. Our animadversions m.kv, in some instances, have been strong, and even severe ; hut we think wr« have expr-essed the sentiments and licliiigs of the people of Maine, suder-ing under- jir-otr-acted injuries. I'his State should take a fir-ni, ileliber-ate, and dignified stand, and one whnhit will not retract. While it awards to the Gener-al Governnient all its legitimate powers, it will not be foi-getful of its own. We callirpon the President and Congress ; we invoke that aid and svmpatliy of our sis- ter States which Maine has always accur-ded to them ; we ask, nay, we de- [House Doc. No. 31. ] 363 mand, in the name of Justice, now lox; we are to be thus trampled down hy a (bieign iicoplc ? and we ttust we shall meet a cordial and patriotic response itt the breast of every republican of the Union. Your committee, therefore, submit the following resolutions. L. J. HAM, -^ NATIl'L S. LITTLEFIKLD, | SAMUEL P. liExNSON, )> of the Senate. EBKNEZER HIGGINS, JOHN R. REDMAN, J JOHN HOLMES, J. A. LOWELL, NATHAN IDE, DANIEL SMALL, S E W A LL P R E S C OTT, Kof the House, EPHRALM WEEKS, JAMES B URBAN K, CHARLES HUNT, JOHN D. RICHARDS, STATE OF MAINE. Resolves relative to the Northeastern boundary. Resolved, That we view with much solicitude the British usurpations and encroachments on the northeastern part of the territory of this State. Resolved, That pretensions so groundless and extravagant indicate a spii-it of iiostility which we had no reason to expect from a nation with whom we are at peace. Resolved, That vigilance, resolution, firmness, and union on the part of this State, are necessary in this state of tlie controversy. Resolved, That the Governor be authorized and requested to call on the Pi-esident of the United States to cause the northeastern boundary of this State to be exploied and surveyed, and monuments erected, according to the treaty uf: 1783. Resolved, Tliat the co-operation of Massachusetts be requested. Resolved, That our Senators in Congress be instructed, and our Repre- sentatives requested, to endeavor to obtain a speedy adjustment of the con- troversy. Resolved, That copies of this report and resolutions be ti-ansniitted to the Governor of Massachusetts, the PresiJew Brunswick, request- ing, unless there shall be some very extraordinary reasons against it, that Mr. Greely may be set at liberty. I am, sir, vour obedient servant, JOHN FORSYTH. Hi9 Excellency Robert P. Dunlap, Esq., Governor of Maine, STATE OF MAINE. Executive Department, Jji/y 3, 1837. Sir : I have had the honor to receive yours of the 26th of June last, in which, by direction of tiie President, you indicate that the circumstances detailed in Mr. Greely's letter relative to his arrest and impi'isonment are not, of themselves, without fuither explanation, sufficient to justify the interference of the Government of the United States. This information is received witli some surprise, and much regret ; surprise, because I had understood Mr. Greely's communication to show that, while employed within the limits of this State, and under its authority, on a business in- trusted to him by the laws of the State, he was, without being charged or suspected of any other oR'ence, seized and transported to a foieign jail ; regret, inasmuch as the feelings of the people of this State have been strongly excited by this outrage upon the honor and sovereignty of Maine ; and each additional day's confinement which that unoffending citizen en- 368 [ House Doc. No. 31. ] diircs, is adding to the indignation oF our citizens. I therefore hasten to lav before you a siininiary of the transactions connected witli tiiis sul)Jecf, as they aie gathered from Mr. Gi-eely's coniinunications to this Depait- nient. 'Jlie facts arc to be consideied tlie less indisputable, because they arc in the main confii'med by the statements contained in the letter of the Lieutenant Governor of the Province of New Biunswick, by whose order the inq)iisonment was made, and a copy of which I recently had the honor of tiansmitling to the Presiilent. Oi the 8th day of March last, the Legislature of this State passed an act lelative to tlie sui-plus revenue, a copy of whicli is enclosed ; to the eleventh, twelfth, and thirteenth sections of which I beg leave to refer your attention. An additional act was passed on the 29lh day of March last, a cojjy of which 1 also enclose. By this last-named act, it became the duty of the county commissioners of Penobscot county to cause an enu- meration to be taken of the inhabitants of said county residing north of the surveyed and located townships. The tract thus defined comprised the town of Madawaska, wiiich was incori)oi'ated by this State on the I5tli of Mai'ch, 1831. Pursuant ir, that reciuirement, the county commissioners of said county appointed Ebenezer S. Grcely to perform that service; and, being duly commissioned, he forthwith |)ioceeded to the place desig- nated, and entered uj)on the lequired opeiations. Being thus employed, he was, on the 29th day of May last, arrested by the authorities of the Province of New Bi-unswick, and conveyed to AVoodstock, in the county of Carleton, in said Province ; but the sheriff of the county refused to com- mit him to jail, and he was accordingly discharged. lie immediately retui'ned to the Madawaska settlements, to enter again ujjon the duty in- trusted to him. On the 6th day of June last, he was arrested a second time by the same authorities, and committed to the jail at Frederickton. It is for this act of obedience to the laws of his Government, that Mr. Greely now lies incarcerated in a public jail in the Province of New Bruns- wick. Is not redress urgently called for ? Must not this unoffending citizen be immediately released? Permit me, sir, to add my confident belitf that the President, on this jiresentation of the facts relative to this outrage upon the National as well as the State rights, will not fail to demand the immediate release of Eben- ezer S. Greely, and to interpose suitable claims of indemnity for* the wrongs so wantonly enforced upon him. 1 am, ver'y respectfully, your obedient servant, ROBERT P. DUNLAP. Hon. John Foksytii, Secretary of Slate of the United States. An additional act providinp;' for the distribution and repayment of the public money ap- poriioiicd to ibc Stile of Maine on dcposiie by tlie Government of llie United Siales. Sec. 1. lie it enacted Inj the Senate and House of fie.presentalives in Le- gislature as.'^euiljted, Tiial the time allowed to the respective cities, towns, and plantations, in which to take the census and make returns thereof to the State treasirr-er", is hereby extended to the twentieth day of June next. Sec. 2. Jte it further enacted, That the treasurer is hereby dii-ect- ed to distribute the amount of the second rnstahnent of the surplus rev- [ House Doc. No. 31. J 369 €nue among the cities, towns, and i)lantati()ns, according to the number of their respective scholars, as borne on the scliool (und apportionment of the present year. And the third instalment shall be distiibnted according to the same ajjportionment, nnless the census re(|uire(l by tiie act to which this is additional shall be fully made, and the returns thereof to the treas- urercompleted, by tlie first day ds not now to be discussed. Candor-, however, recpiires me to say that this conceded and utMleniable position ill accordictional rights to the extent of her boundary, and complains that these riglits have been, in coiisecpience thereof, subverted; the lands of the State ravaged of their most valuable jjroductions; and her citizens subject- ed to imprisonment in a foreign Jail. Y^our excellency particulaily ob- jects to tiie coui'se of the Federal Gt)vernment for having, without the knowledge of the State, put entirely at liazar'd tiie title of Maine, admitted b) the Government of the United States to be perfect, to tlie teriitoiy in question, by the resort to diplomatic discussions, treaty ariangements, and foreign arbitration, in which Maine was not permitted to sj)eak ; for hav- ing entered into a stipulation, without her consent, purporting to j)reclude the State from retaining her rightful jurisdiction, pending a negotiation, and for the continuajice of it after that negotiation was supj)Osed to have been concluded ; and for an omission, on tlie part of the Executive of the United States, to comply with an application of the State, made thi-ough her Legislatuie, to have the boundaiy line between Maine and the British North American possessions exj)lored, surveyed, and monuments erected thereou, in jjursuance of the authority confeired on the President by Con- gress, and of a recpiest made by your ex'ellcncy, which is now I'enewed. The views which your excellency has been jileased to take of the sub- ject at this time, embrace measures, some of whicli have long since ceased to be operative, and reach back to the proj)riety of tlie sti|)ulations entered into by the treaty of Ghent ; also, of the subse(jiient negotiation designed to bring tliose sti|)ulations to a satisfactory result, in the mode prescribed by that treat} — that of arbitrement. It being, as your excellency states, the oj)ini(*n of Maine that those |)roceedings weie unjust and unwise, it is, in a mattei- in whicli she is so deeply interested, her undoubted right to say so J yet the I'l-esident thinks that he cannot be riiistaken in believing that no practical good can, at this time, be exjiected from discus-^ion between the Federal and State (jovernments upon those pt)ints. I'hat the measures referred to ha\c not been as fortunate in their results as was hoped, is entirely true; but your excellency may nevertheless be assured that tliey had their origin in a sincere desire, on the pait of the Federal Govei-n- nient, to discharge all its duties tow aids the S;ate of Maine as a member of the Union, and were re-orted to in the full belief that her just rights would be j)i'oinoted by their adoption. [ House Doc. No. 31. J 375 111 speaking of the restrictions iinijoscd upon Maine in reclaiming lier rightful jurisdiction, your excellency dnuhtlossly refers to the under- standing between the Federal Government and that of Great Britain, that each i)aity should abstain fioui the exercise of jurisdiction over the dispu- ted teriitory during the pejidency of negotiation. Unless it be correct to say that the conti'oveisy was one that did not admit of negotiation, and that the duty of the Federal Government consisted only in an immediate resort to maintain the construction put by itself ui)on its own rights and those of the Stale of Maine, there would seem to be no reasonable objec- tion to such an arrangement as that alluded to, whether it be viewed in re- spect to the interests or the pacific and just characters of the respective Governments. Tliat this arrangement was not abrogated at the period at which your excellency is understood to suppose that it ought to have been done, viz : upon the failure of a settlement of the controversy by arbitra- tion, is explained by events of subsequent occurrence. When the award of the arbitrator was submitted by the late President to the Senate of the United States, that body refused its advice and consent to the execution of the award, and passed a resolution recommending to him to open a new negotiation with Great Britain for the ascertainment of the boundary ac- cording to the treaty of peace of 1783. That negotiation was forthwith entered upon by the Executive, is still ponding, and has been prosecuted with unremitting assiduity. It is under such circumstances that the Fed- eral Executive has decided upon a continued comjdiance with the arrange- ment referred to, and has insisted also upon its observance on the part of Great Britain. Considerations of a similar nature have induced the President to re- frain hitherto from exercising the discretionary authority with which he is invested, to cause the boundary line in dispute to be explored, surveyed, and monuments to be erected thereon. Coinciding with the Government of Maine on the question of the true boundary between the Britisli Prov- inces and the State, the President is yet bound by duty to consider the claim which has been set up by a foreign Power in amity with the United States, and the circumstances under which the negotiation for the adjust- ment of that claim has been transmitted to him. It could not be useful to examine the foundation of the British claim in a letter to your excel- lency. Respect for the authorities of a friendly nation compels us to ad- mit that they have persuaded themselves that their claim is justly grounded. However that may be, the present President of the United States, upon entering on the discharge of the duties of his office, found that a distinct proposition had been made by his predecessor for the purpose of amicably settling this long-disputed controversy, to which no answer has yet been received. iJnder such circumstances, the President was not able to satisfy himself, however anxious to gratify the people and the Legi'ilature of Maine, that a step like that recommended by tiiem could be usefully or properly taken. The clause containing the specific appropriation made by the last Cim- gress, for exploring, surveying, and marking certain portions of the Northeastern boundary of the United States, to which your excellency al- ludes, is by no means imperative in its characler. The simple legislative act of placing a sum of money under the contiol of the Execuiive for a designated object, is not understood to be a diiection that it must in any event be immediately applied to the prosecution of tliat object. On the 376 [ House Doc. No. 31. ] contiai y, so far fiDin imi)lyii)g that tlio {lul in view is to be attained at all liazards, it is believed iliat it merely ve^^ts a discretionary i)(}\>er in the ['resident to cany out the views of Congress, on his own responsi- bility, should contingencies arise to render expedient the proposed ex- j)en(litiii'e. L'nder existing circumstances, the President deems it proper to wait for t'.e delinitive answei' of the IJriti>.h Government to the last proposi- tion ofleied by the United States: when received, a further communica- tion to your excellency may be found proper; and, if so, will be made v\ithout unnecessaiy delay. It cannot be necessary to assure your excellency that the omission to reply to your communication forwarding to this Department the resolu- tions of the Legislature of Maine, did not, in any degree, aiise either from a want of respect for tlieii- wishes, or for the wishes of your excel- lenc}, or from iiidillerence to the interests of the State. When these resolutions were received, there was every reason at no distant day to ex- pect what is now daily looked for a — definitive answer to the j)roposition just alluded to, to which the attention of the British Government had been again forcibly invited about the time those resolutions were on their jjassage. Under this ex|)ectation, a rej)ly to the application from Maine was temporarily delayed ; the more readily, as, about the time of its reception, the Representatives of Maine, acting in reference to one of those resolutions, had a full and Uxe conversation with the President. The most recent proceedings relative to the question of boundary were shown to them in this Department by his directions, and the occasion thus afforded was cheerfully embraced of offering frank and unreserved expla- nations of the President's views. Of the rece»it events which have called the attention of the State of Maine to the fpiestion of the Northeastern boundary, and which have been brought by it to the notice of the President, one — the arrest and imprison- ment of Mr. (ii-eely — has already been made the subject of communication with your excellency. All that it was competent for the Federal Executive to do, has been done. Redress has been demanded, will be insisted upon, and is expected, from that authority from whom alone redi'esscaij p!-oj)erly be sought. 'J'lie Pi-esident has followed the same course that was jjursued by one of his predecessors, and which was understood to be satisfactory to the State of Maine undei- circumstances of a somewhat similar char- acter. In res])ect to the otiier — the j)i'ojecfed constiuction «)f a raili'oad between St. An(lrev\'s and Quebec — a representation has been addressed to the Hritish Government, stating that the proposed measure is inconsistent with the understanding between the two CJovernments to ])ieserve the status (jno in the disputed territory until the (juestion of boundary be sat- isfactorily adjusted; remori-^d-ating against the jiroject as contrary to the American daini, and demanding a susj)ension of all further movements in cxecuti(Mi of it. No answer has yet been recf'ived to this communication. Fiom an informal conveisation between the British minister at Washing- ton and myself, at the Department of State, the President is, however, lirm in the conviction that the attempt to make tiie road in <]uestion uill not be farther prosecuted. I am. in C(Hi( lusion, directed to iiiloiin you that, lio\\e\er unbounded maybe the coMrKlence of I he J>'-:^islal tire and (he peoj)le of Maine in ihe jus- tit e of iheir daiuj to the boundary contended for by the United Slates, [ llou^c Doc. No. 31. ] 3?T<; the President's is not less so; and your excellency may rest assured that no exertions have been, or shall bo, spared on his pai t, to bring to a fa- vorable and spi'ody tera)ination a (|uestion involving interests so highly important to Maine and to the Union. I have the hojior to bo, with hig': consideration, kc. JOHN FORSYTH. His Excellency Robert P. DuNLAr, Governor oj Maine. Depautment of State, fTasfdngton, August 25, 1837. Siu : I have the honor to transmit to yonr excellency, by direction of the President, the coj)y of a note fromtiie British minister at Washington, dated yesterday, stating tliat the Government of her Britannic Majesty has been pleased to direct the immediate discontinuance, by the colonial au- thorities of Lower Canada and New Brunswick, respectively, of all opera- tions connected with the projected railroad between the cities of Quebec and St. Andi'evv's. Mr. Fox took occasion, on Wednesday last, to inform me that Mr. Greely had been dischaiged from imprisonment at Frederickton; a fact of which, doubtless, your excellency has been some time since apprized. I have the honor to be, with high consideration, &c. JOHN FORSYTH. His Excellency Robert P. Dunlap, Governor of Maine. Departmevt of State, Washington, March 23, 1837. The undersigned, Secretary of State of the United States, has the honor, by direction of the President, to invite the attention of Mr. Fox, his Bri- tannic Majesty's envoy extraordinary and minister plenipotentiary, to a subject which, from its high importance, demands the prompt considera- tion of his Majesty's Government. It appears from representations and documents recently received at the Department of State, that a number of inliabitants of the town of St. Andrew's, inNew^ Brunswick, associated themselves together, in the year 1835, by the name of the St. Andrew's and Quebec Railroad Association, for the purpose of bringing into public notice the practicability of con- structing a railway between those ports, atid that sundry resolutions were passed in furtherance of this object ; that the project was sanctioned and patronized by the Governnr-in-chief of British North America, the Lieu- tenant Governois of New Brunswick and Nova Scotia, and tlie Legisla- tures and pcojde of the Provinces of Lower Canada and New Brunswick ; that the route of t!»e proposed railroad had been explored as far as the head-waters of the St. John river by surveyors einployed by the association; that an act has actually passed the Legislature of Now Brunswick incor- porating this company, and that a similar act was expected to be passed 37S [ House Doc. No. 31. ] ill Lower (.'anada; that letters were addressod to tlie boards of ti'ade of Quebec and Mf»Mtreal, re(jiii'stiiig their co-uj)eralioii; that these coiuimuii- cations were favorably received ; ami tliat petitions had been forwarded to his Britannic Maj«'stv, signed by coniinittees of the association and by inhabitants of the cities of Quebec and Montreal, soliciting the construction vould be, for a great portion of the route, an encroachment upon the terri- tory in dispute between the United States and Great Britai", the President yet sees cause for jtainful surprise and deep regret in the fact that the civil authoiities of his Majesty's Provinces on our ISoitheastern borders should have lent their encouragement to, or should in anywise have pro- moted, an undei'takiiig which, if ])ei'severed in, will inc\itably lead to the most disastrous consequences. The object of the association, from its inception, was objectiiniable ; since it could only be effected by entering U])on territory the title to which was controv Tted and unsettled — a pro- ceeding which could not fail to be offt nsi\e to the Govei'iiment and people of the United States. Still more unjustifiable was the act of sovereignty gixing to this comj)any corjiora'e powers over property known to be claimed by citizens of a friendly and neighboring State, and which consti- tuted at the time the subject of an amicable negotiation between the Gov- ernment of his Majesty and that of the United States. The Pre-ident re- grets to see in this step on the part of his Majesty's provincial authorities and subjects, a most exceptionable departure from the principle of contin- uing to abstain, during the jnogress of negotiation, from any extension of the exercise of jurisdiction within the disputed territory on either side; the propriety of w hich has been hitherto so sedulously inculcated and so distinctly acquiesced in by both jiarties. An understanding that this prin- ciple should be observed by them, w.is the natural result of the respective jxisitions and pacific intentions of the two Governments, and coulveiMinents in respect to it will be found in the letters of the Secre- tary of State to the minister of Great Britain, dated the 18th of January, 182G, 9th of January, 1 1th of March, and Ilth of May, 1829 ; and of the British inini'-ter to the Secretary of State, dated 15th of November and 2d of Decemhi-r, la^'.S: lOth of January, 1827; 18th of February and 25th of March, 1828; and I41h of Ajiiil, \8:>5, as well as in other communications, which it is deemed needless now to designate. Tlic undersigned is directed by the President to inform Mr. Fox that the prosecution of the enter|)rise above referred to will be regarded by this Government as a delihi-rate infiingeiiient of the rights of the United States to the territory in ()uestion, and as an unwarrantalile assumption of jurisdic- tion therein by the British Government; and the undersigned is instructed [ House Doc. No. 31. ] 379 to urge tlic prompt adoption of such moasiiics as may be deemed most approj)iiate b} bis Majesty's Govcniiiiciit, fo suspend any I'urlber move- ments in execution of tlie j)i-opose(l railroad IV;>m St. Andiew's to Quebec, during the contimiance of the j)ending negotiations between tbe two Gov- ernments lelative to the Noi-lbeastern boundary of tbe United States. The pi-ocecdiiigs above alluded to, considered in connexiori with inci- dents on other pai-ts of the disputed boundary line, well known to his Maj- esty's ministers, would seem to I'ender it in(lisj)eusable to the maintenance of those liberal and friendly relations between the two countries which both Goverrrmerrts are so sirrcerely anxious to jtrTserve, that they should come to a speedy adjustment of lire subject, 'lire r-eceirt resolutiorrs of the State of Alaine, to which the projected railroad irom St. Arrdrcw's to Quebec gave rise, reqrresting the President of the United States to cause the lirre established by the treaty of 1785 to be run, and rironuments to be established thei-eon, and the a])propr-iatiorr of ^20,000 by Congress, at their- late session, to enable the Executive to carr-y tiiat request irrto effect, with a subsequent earnest application from the Representatives of Maine for arr immediate compliance with it, afford additional incentives to exertion to britrg this controversy to a conclusion, not to be disregarded by the Pres- ident of the United States. Tire President, therefore, awaits with great anxiety the decision of his Majesty's Govcr-ninent on the proposition made by the under'signed to his Majesty's chai'ge d'afFair-es at Washington, in February, 1836, suggest- ing the river St. Johir's, from its mouth to its sour'ce, as an eligible and convenient line of boundary. No small degi-ee of disappointment has been felt that this decision, alr-eady lorrg expected, has not been given ; but the hope is entertained that the result of this protr-acted deliberation will j)rove favorable to the wishes of the Pi-esident ; and that, everr if that pr oposition be not acceded toby his Britannic Majesty, some definitive offer-, looking to a pr-ompt termirration of the controversy, w ill be made without further delay. The undersigned avails himself of this occasion to renew to Mi'- Fox the assurance of his distinguished consideration. JOHN FORSYTH. Henry S. Fox; Esq. J^Iinister Plenipotentiary, ^c. Washington, March 28, 1837. The undersigned, his Britannic Majesty's envoy extraordinary and min ister plenipotentiary, has had tire honor to receive the oHiclal note, ad- dressed to him under' date of the 23<1 instant, by Me. Forsyth, Seci-etary of State of the United States, u;)on tlie subject of information received by the United States Goverrrment of a pr'ojected railroad between the cities of Quebec and St. Andr-ew's, and uj)on certain other matters connected witli tlie question of the boundar-y line betweerr the United States and the British possessions in North Amei-ica. The rrndersigned. in accordance with the wishes of thePr-esident, signi- fied in Me. Forsyth's official rrote, will rrot fail immediately to convey that note to the knowledge of his Governmerrt at home ; and he entertains no doubt tiiat his Majesty's Government will pi'oceed to the consideration of 380 \ House Doc. No. 31. J the several matters therein contained, with the serious and ready attention thai tlieir in)|)<)rtancc deserves. The undei'signed avails himself of this occasion to renew to Mr. For- syth the assui'ance of his high esteem and consideration. H. S. FOX. IJon. John Fousyth, Secretary of State. Washington, August 24, 1837. SiK : With reference to the oflicial note which, hy direction of the Pres- ident, you addressed to me on the 2S(i of Maich last, respecting a project- ed railroad between the cities of Quebec and St. Andrew's, which, it was, appieher>(Ied, would, if carried into effect, traverse a part of the territory It ;).esent irr dispute between Gr-eat Britain and the United States, I am now enabled to inforjii you tliat, in consideration of the arguments and ob- servations contained in your note, lier Majesty's Government has been pleased to direct Ihe colonial authorities of Lower Canada and New Bruns- v\ ick, respectively, to cause all operations corrnected with the above-men- tioned pr'oject within the limits of the disputed territoi-y, to be immediately' sc)riti:i ued. I have the honor to be, sir, with high respect, 6cc. H. S. FOX. Hon. John Forsyth, Secretary of State. Mr. Stevenson to Lord Palmerston. — (Extract, J The under-sigired will avail himself of the occasion to remind Lord Pal- merston of the urgency which exists for tiieimmeonej)t narrowly escaped, having received several wounds, none of which, how- ever, are of a serious character; that immediately after the Caroline fell into the hands of the armed force Avho boarded lier, she was set on fire, cut loose from the dock, was towed into the current of the river, there [ House Doc. No. 73. J 383 abandoned, and soon after descended the Niagara falls ; that this depo- nent has made vigilant search after the individuals, thirty-three in num- ber, who are known to have been on the Caroline at the time she was boarded, and twenty-one only are to be found ; one of whom, to vc it, Amos Durfee, of Buffalo, was found dead upon the dock, having received a shot from a musket, the ball of which penetrated the back part of the head, and came out at the forehead. James H. King and Captain C. F. Hard- ing were seriously, though not mortally, wounded. Several others re- ceived slight wounds. The twelve individuals who are missing, this de- ponent has no doubt were either murdered upon the steamboat, or found a watery grave in the cataract of the falls. And this deponent further says that, immediately after the Caroline was got into the current of the stream and abandoned, as befoie stated, beacon-lights were discovered upon the Canada shore, near Chippewa ; and after sufficient time had elapsed to enable the boats to reach thatsliore, this deponent distinctly heard loud and vociferous cheering at that point; that this deponent has no doubt that the individuals who boarded the Caroline were a part of the British forces now stationed at Chippewa. GILMAN APPLEBY. Subscribed and sworn December 30, 1837, before me, S. B. PIPER, Commissioner of Deeds for JViagara county. State of New York, ") JViagara county, J Charles F. Harding, James H. King, Joshua H. Smith, William Sea- man, William Kennedy, William Wells, John Leonard, Sylvanus Staring, and John Haggarty, being sworn, severally, depose and say, that they have heard the foregoing affidavit of Oilman Api)loby read ; that they were on the Caroline at the time she was boarded, as stated in said affidavit; and that all the facts sworn to by said Appleby, as occurring after the said Caroline was so boarded, as aforesaid, are correct and true. C. F. HARDING, J. H. KING, J. H. SMITH, WM. SEAMAN, WILLIAM KENNEDY, WM. WELLS, JOHN LEONARD, SYLVANUS STARING, JOHN C. HAGGARTY. Sworn and subscribed December 30, 1837, before me, S. B. PIPER, Commissioner of Deeds for jYiagara county. Mr. Poinsett to General Scott. Department of War, January 5, 1838. Sir : You will repair, without de'ay, to the Canada frontier of the United States, and assume the military command there. 384 [ House Doc. No. 73. ] Ucrewitli you w\\\ receive duplicate letters to the Uoveniors of the States (.r Now York and Vermont, requesting them to call into the service of the United States such a militia force as you may deem necessary for the dtlVnce of that frontier of tlie United States. 'lliis i)o\vcr has been confided to you in the full persuasion that you will use it discreetly, and extend the call only so far as circumstances may seem to re(inirc. _ . , , , r •• i It is im|)ortant that the troops called into the service should be, it possible, exempt from that state of excitement which the late violation of our terri- tory has creati'd : and you will therefore impress upon the Governors of these border States the propriety of selecting troops from a portion of the State distant from the theatre of action. The Executive possesses no legal authority to employ the military lorce to restrain persons within our jurisdiction, and who ought to be under our control, from violating the laws, by making incursions into the territory of nei"ld)oi ing and friendly nations, with hostile intent. 1 can give you, theretore, no" instructions on that subject ; but request that you will use your ihih'icnce to pievcnt such excesses, and to preserve the character of this Government for good faith and a proper regard for the rights of friendly Powers. The militia will be called into the service for three months, unless sooner discharged ; and in your requisitions you will designate the number of men. aifd take care that the olliccrs do not exceed a due proportion. It is deemed important that the administrative branch of the service should be conducted, wherever practicable, by officers of the regular The disposition of the force with regard to the points to be occupied is confided to your discretion, military skill, and intimate knowledge of the country : a'nd the amount of that force must depend upon the character and duration of the contest now going on in Canada, and the disposition manifested by the peoi)le and the public authorities of that colony. The President indulges a hope that outrages similar to that which lately occurred at Schlosser will not be repeated ; and that you will be able to maintain the peace of that frontier without being called upon to use the force which has been confided to you. Verv resneclfully, your most obedient servant, ■^ ' J. R. POINSETT. Brevet Major General Winfield Scott, Washington Cittj. Mr. roinselt to Governor .Marcij. Department of Waii, January 5, 1838. Sill : Tlie territory of the United States lia\iiig been violated by a party of armed men from the Canada shore, ami api)reliensions being entertained, from the higldv excited feelings of boih parties, that similar outrages may lead to an iiiva'sion of tiur soil, the President has thought proper to exercise the authority vested in him by law, and call out such a militia force as may be deemed necessary to protect the frontiers of the United States. [ House Doc. No. 73. ] 385 I am, in coiiscqiiencp, iiistfiicted by the Pidideiit to request you will call into the service of the United States, and place under the command of Bre- vet Major General Scott, sue h militia Coice as he may i'ef|uiie to be em- ployed on the Canada frontiei', toi- the [)ui|)ose herein set foitii. Very respectrullv, your most obedient seivant, J. K. POINSETT. His Excellency W. L. Marcy, Governor of Mw Fork, Jilbunij, JNTet/; Fork. [Same to Ijis Excellency Silas H. Jenison, Governor of Vtrmont, Montpelier, Vermont.] Mr. Forsyth to Mr. Fox. Department of State, Washington, January 5, 1838. Sir : By tiie direction of the President of the Uriited States, I have the honor to communicate to you a co|)y of the evidpnce fnr-nished to this De- partment, of an extr-aordinary outrage committed fi'otn her Britannic Ma- jesty's Province of Uj)|)er' Canada, on the persons and |)r(i|)erry of citizens of the United States, within the jurisdiction of the State of New York. The destruction of the ])roperty, and assassination of citizens of the United States, on the soil of New York, at the moment when, as is well known to you, the President was anxiously endeavoring to allay the excitement, and earnestly seeking to pi-event any unfortunate occurrence on the fron- tier of Canada, has produced upon liis mind the m'»st painful emotions of surpri.sc and regret. It will necessarily form the sul)Ject of a demand for redress upi)n her Majesty's Government. This ci)mmunication is made to you under the expectation that, througli your instrumentality, an early explanation may be obtained, from the authoiities of Upper Canada, of all the circumstances of the transaction; and that, by your advice to those authorities, such dec'isive precautions ntay be used as will r-ender the per- petration of similar acts hereafter impossible. Not doubting the (lisposi- tion of the Government of Upi)er Canada to do its duty in punishing t'le aggressors, and preventing future outrage, tlie President, notwithstanding, has deenied it necessary to oider a siifli( ient f.trce on the Irontier, to repel any attempt of alike ciiaractei-, ami to make known to you that, if it should occur, he canmtt be answerable for the efftcts of the indignation of the neighboring people of the United States. I take this occasion to renew to you the assurance of my distinguished consideration. JOHN FORSYTH. Heury S. Fox, Esq., c^'c. 26 386 [ House Doc. No. 74. ] [ House Doc. No. 74 — 25ih Congress 2d session. ] Message from the President of the United States, transmitting the in- formation required by a resolution of the House of Representatives of the 5th of January instant, c^'c. To the tfoHse of Reprcsentdtives of the United States : I Iiorcwith tfansinit to tlie House of llcpi'cspntatives a report and ac- com|)aiivi!ig docuiiKMits fi-om f|it» Sccrctaiy of State, in compliance with a rcsolulioij of that bod^ dated tlie otli instant. M. VAN BUREN. Washington, ./« /I »f theTerritory of Arkansas, dated on or about the lOth of December, 1830." lias the hono!- to report to the President the accompanying papers, cinbracitig all the instructions and correspondence requested by the reso- lution above cited, not ali'eady published,* with the excejjtion of the letter from the late Pi-e?ident of the Lfnited States to the Seci-etary of the Ter- riiory of Arkansas, said to be dated about the 10th of December, 1830. The files of this Department have been carefully examined, but no letter has been found from the late President to the Secretary of Arkansas. Respectfully submitted. JOHN FORSYTH. L I s r . Mr. CarJi'ton to Mr. Forsytli, Ormber 21, 1835. Mr. Fi>is}th to Governor- » !iite, October 27, 1835. Tlie same to Mr. Carlelon, October 27, 1835. Mr. Price to Mr. Forsyth, N Corigr. ss, 1st session. Document N>). 105, 24. h Congress, 2d se.'^sion, and document No. 2, Kccompanyingf the message of the Presidt nt at the opening' of the 2d session of the 24th Con- gress. Document No. 139, 24lh Congress, 2d session. [ House Doc. No. 74. ] 387 The same to tlu' same, witli nu losures, November IS, 1835. Mr. Blache to Mr. ^^)rs}•tIl. \v:;Ii an niclosnre, November iG, 1835. Mr. J. Forsyth, jr. to Mr. KurK\tI,, Novcnibrr IB, 1835. Mr. Carlotoii to Mr. Forsyih, with enilosiires, Jariiiar} 21, 183G. The same to tlie same, with an eiitlosure, March 7, 1836. Mr. Sanders to Mi-. Forsyth. April 22, 183G. Mr. Gaines to Mr. Forsytli, May 22, 1836. Mr. Fox to Mr. Forsyth, November- 2S, 1837. Ml-. B'oi-syth to Mr-. Fox, Drccmbir 2, 1837. Same to Governor Diinhip, December 5, 1837. Ml'. Fox to Mr. Fur-sytli, with ench)sriiT, January 4, 1838. Mr-. Forsyth to Mr. Fox, J:iniiai-y 5, 1838. Same to Mr-. Kelh)gg, December 7, 1837. Same to Governor Marcy. December 7, 1837. Mr. Ti-owbri(Ige to Mr-. Fillmoi-e, Dccenrber 12, 1837. Same to the President, December 14, 1837. Governor Jenison to Mr-. Fm-sytli, December IG, 1837. Mr. Wright to Mi-. Fors;>th, with ench)sui-es, December 16, 1837. Mr. For-syt!) to Mi-. Wrigiit, December 18, 1837. Mr. Benton to Mr-, Forsylh, with enclosure, December 18, 1837. Mr. KeHogg to Mr. Forsyth, December 20, 1837. Mr. Forsytli to Mr. KeMogg. December 20, 1837. Mr. Fillmore to Mr-. Poinsett, with enclo!ur-e, December 21, 1837. Mr. F<»rsyt!i to Mr. Bentorr, December 21, 1837. Mr. Woodbury to Mr-. Foisyili. with enclosure, December 21, 1837. Governor- Mason to Mr. For-s)t!i, December 21, 1837. Mr. Barker to the Pr-esident. December 23, 1837. Mr. Benton to Mr. Forsyth, with enclosures, December 26, 1837. Mr. Forsyth to Governor Jenison, December27, 1837. Same to Mr-. Kellogg, December- 29, 1837. Mr. Woodbur-y to Mr-. Forsylh, with enclosures, Januai-y 5, 1838. Mr. Forsyth to Mr. Benton' January 5, 1838. Mr. Woodbury to Mr. Forsyt!), witii enclosure, January 6, 1838. Mr. Car let on to Mr. Forsyth. New Orleans, OdoberZl, 1835. Sir : I have the honor herewith to forward to you several of the newspa- pers of this city, from which the President will be fully apprized of the nature of the excitement felt here at the present situation of Texas, and the part which some of our- citizens seem disp;)scd to take in the struggle about to arise between that Provi/ice arrd tlie parent State. There can be no doubt that certairr persons intend to proceed thitlier, to act in coircert with the Texans, should an occasioir present itself. Yet, when the matter is more narrowly iirvestigated, it is difficult to apjdy to them the provis- ions of the second or sixth sections of the act of the 20tli April, 1818; for it does not appear that any regular enlisting or entering as soldiers has taken place within the meaning of the statute, or that any definite or tan- gible military expedition or enterprise has been set on foot or begun. I have just had an interview upon this subject with the Mexican con- 388 [ House Doc. No. 74. ] sill, to whom I cx|)rc.sse(l a willingness to prosecute, under that law, for anv offence committed against his Government, whenevei- himself or any one else would indicate the testimony upon which proceedings could be properly base of Mexico, now at peace with the United States ? GIDEON TUCKER. To which jirojtosition the court rejilied as follows : III answering the foregoing inquiry, the court will confine itself to the facts stated, and the sec' ion ol the law referred to. The inquiry is, whether meetings luhl in this district, (or State,) and committees ajipointed to jiro- vide means and make collections for tlic purpose of enabling the inhahit- unls (f I'f.vds to cu2;fige in a civil irar ^l•it/L the sovereignty of Mexico, is a violation of the srrtion of tlie law rcfeiied to ? 'I'liat section of the act is as follows : « ^/k/ be it further enacted, That if any person shall, within the territory or jurisdiction of the United States, begin or set on foot, or provide oi- prepare the means for, any mili- tary expeditioti or enteijirisc, to be carried on from tlicnce against the ter- ritory or doiiiiiiions of any fnrcign piiinc oi- State, nv of any cVIHTE. By the Governor : Martin Blague, Secretary of State. Mr. J. Forsyth, Jun. to Mr. Forsyth. District Attorney's Office, Mobile, Jlabnmn, J^ovevibcr 18, 1835. Sir : I have the honor to acknowledge the receipt of your communica- tion of the 4th instant, u|)on the subject of the interference of American citizens, within this district, in the <» doiiestic dissensions" of Central America. There is no (juestion in my mind but that the 6th section of the act of Congress approved April 20, 1818, entitled '• An act in addition to the act foi' the punishment of certain crimes agaijist the United States," &c. has been grossly violated, both in its letter and spirit, by many of the most respectable and influential citizens of this State and city. During my absence from the State in October last, several public meetings were held in this city for the avowed purpose of raising men and money to suc- cor the insurgents of Texas ; and a company of 30 men was actually equipped and despatched from this city, and are now in arms in Texas against the Government '• de facto." I am at a loss to determine whether your instructions should be apjilied to the cases that have passed ; vshcthcr they should be retrospectively obeyed; or whether this last proposition is not negative intent to commit hostilities and cruise against Mexic an vessels, wili you have the goodness to issue subpuitias foi- the following witnesses, wiio have been indicated to me as having a knowledge of the necessary facts upon which proceedings can be had against Mr. Allen ? Very respectfully, HENRY CARLETON. M. S. Cnculla, being duly sworn, deposes and says that he knows nothing about the schooner Brutus, except what he has seen in the public [ House Doc. No 74. ] 399 papers of tliis city, li;iving I»ecn al)seiit since tin- 24tli of December last, on a voyage to Mobile and I'ensacola. M. S. CUCULLA. Swoin to and snbsrribt'd beioie me, G ALL! EN IMIEVAL, Judge. New OiiLKxyis, Jniiuanj 4, 1836. James Rtmage, being duly sworn, de[)i)ses and says tbat it is to his knowledge that the schooner Bnitus has been under rej)airs on the right side of the Mississippi ; that she is now on this side of the river, and is armed ; tliat she has on boivrd a pivot gun ; and, furt!ier, she has \mvt- holes and two otiier guns : last time witness saw those guns was Satuiday last, 2d January instant. JAMES ramagb:. Sworn to and subscribed before me, GAL LIEN PREVAL, Judge. New Orleans, JmiunrijA, 1836. Janjcs Curell, being duly sworn, deposes and says that he knows noth- ing from his own personal knowledge lelative to the schooner Bi'utus ; that what he knows about this matter, he knows it by infor uatiin fro n otlier persons. JAMES CURELL. Sworn to and subscribed before me, GALLIEN PREVAL, Judge. Ne>v Orleans, January 4, 1836. Augustus S. Martin, being duly sworn, deposes and says that he knows nothing about the schoo;ier Brutus and Mr. AHen, except what he has learned by a letter of Mr. Alien, published in tlie newspaj)e:\s of this city • which letter is no\\ annexed to his declaration. AUGUSTUS S. MARl'IN. Sworn to and subscribed before me, GALLIEN VREY \L, Judge. New Orleans, JiflJiitarJ/ 4, 1836. John F. Carter, being duly sworn, deposes and says that he knows nothing about the An»erican schooner Bi-utus, excejjt wliat he has heard from public rej)ort ; that he is the editor of the Union, (a newspaper pub- lished in this city.) Witness being asked for th^ sources of his information upon which lie wrote and pnblishcl a piece in the ''Union," of the 31st of December last, he refused to give the sources of information upon which he made the said publication. Witness says that there ate no details men- tioned in his publication ; the said piece is an editorial one ; he kti'iws the facts mentioned in the said piece, both by himself and public leport. Being asked whetiier the fitting out and armaments, in sight of the custom-house, is a fact which has come to his personal knowledge, or from report, he says he cannot call to mind which way. nor can he state the name of any particu- lar vessel; but he is under the impression that it was either tiie Columbus or the vessel that General Mehia went in. He thinks that it is possible that he saw the vessel, but cannot state which vessel it was. He does not recollect of having seen any arms on board, nor where the vessel was ly- 400 [ House Doc. No. 74. ] ing at the time, unv how long ago it \va*<. Witness knows nothing about Mr. AMen. Hcing asked what are the names of the many respectalile cit- izens (alhided to in his publication) who might give information I'elative to the armaments of vessels in this port, he answers that he cannot now state their names, but will give a list of them to Mr. Carleton, the district attorney of the United States. The collector of the port, Mr. Breedlove, wrote a le'ter, addressed to witness, asking inforniation about the said pub- licatiott, and an answer has been returned to the collector. JOHN F. CARTER. Sworn to and subscribed before me, GALLIEN PREVAL, Judge, New Orleans, January 4, 1836. Thomas Urquhai t, being duly sworn, deposes ard says that he knows nothing frouj his own personal knowledge about the American schooner Brutus being fitted out to go and cruise against Mexican vessels ; he knows it only from jjublic report ; he knows of no fact which could lead to the dis- covery of the matter, nor does he know the name of any witness. Witness is the president of the New Orleans Insurance Company : he says that the pa|)er attached to his deposition is the copy of the original, which he signed liimself, and which was sent to the district attornev of the United States. THOMAS URQUHART. Sworn to and subsciibed before me, GALLIEN PREVAL, Judge, New Orleans, January 4, 1836. John Martial Lapeyre, being duly sworti, says that he is one of the sub- scribers to the petition or letter (of which the foregoing is a copy) ad- dressed to Henry Carleton, Esfj., as district attorney of the United States. He knows nothing about the facts contained in it ; but having seen it sign- ed by many respectable citizens, and having leason to believe that they knew the facts alleged in the petition, and, further, having a direct interest in the matter, these considerations induced hi(n to sign the said petition or letter. J. M. LAPEYRE. Sworn to and subscribed before me, GALLIEN PREVAL, Judge. Nem' Orleans, January 4, 1836. John Garnier, being duly sworn, says that he knows nothing fr(>m his personal knowledge of the schooner Brutus, nor of Mr. Allen. He knows only by i)nl)lic rejxiit that the said scliooner Brutus was fitting out in this port to g:o and cruise against Mexican vessels. JOHN GARNIER. Swoi-n to and subscribed before me, GALLIEN PREVAL, Judge. New Orleans, Janiu/rj/ 4. I836. Jolin A. Meile, I)eing (Inly sworn, deposes and says that he knows nothing from liis |»erson;il knowledge of the schooner lirutus, nor of Mr. Allni I l)nt having heard by jiiiljlic report that that vessel was aiming and fitting out in this [>ort with the purpose of cruising against Mexican ves- [ House Doc. No. 74. | ^101 scls, and being much interested in the roinmcrci;!! trade on the coast of Mexico, he thought projjer to sign ;\n address to the disti-iet attorney (»!' the United Stairs, t(» rccouiinend him to tiiUc some n;casures mi ihat snh- ject. He does not know of any person who can attest the facts by personal kHowledge. JOHN A. MERLE . Sworn to and subscribed befoie me, GALLIEN VllEWL, Judge. New Orleans, Januarit 4, 18S6. William Christy, being duly sworn, deposes anil says that he knows nothing about Mr. Allen, exce()t this: tliat about t\\o weeks ago Mr. Allen came to his otlice, with some other gentlemen, and proj)osed to wit- ness to sell him two tracts of land iti Texas. Tnat he (witness) and five or six other persons, bought the said tracts of land from Mr. Allen, in the sum of ten thousand dollars, for w hicli sum they furnished their notes ; that Mr. Allen put Liis j)rice low for said land, because he wished, as he stated at the tin»e, to purchase a vessel. He knows nothing about the schooner Brutus being armed, or having been purchased by Mr. Allen. WM. CHRISTY. Sworn to and subscribed before me, GALLIEX I'REVA L, J*u/^e. New Orleans, January 4, 1836. John K. West, on his aflirmation, declares and says that he knows no- thing about the schooner, nor about Mr. Allen ; that he is president of tiie State Insurance Company : that he was informed by Mr. Stockton, the in- spector of said company, that said schoorier was fitting out and arm- ing on the other side of the river. He stated that the current rumor was, that she was arming for the purpose of cruising against Mexican vessels; that he wrote, himself, the letter or petition addressed to the district at- torney of the United States, to recommend him to take the necessary stej)s to stop the armament in question. Witness requested the insj)ector of the State Insurance Company to try to find out some persons who could make an affidavit on that subject, but he could not find any witness. Knew that the district attorney could not act without an alfidavit, and told so to several merchants with whom he conversed on that subject. Mr. Pechier, the partner of John A. Merle and Co., stated to witness that he knew of some ])ersons who could give information ; that Mr. Pechier told witness afterwards that he had asked the pei'son in question to come out and make his affidavit, but that he declined doing it. JOHN K. WEST. Affirme^l and subscribed before me, GALLIEN VREYAL, Judge. New Orleans, January 4, 18S6. R. M. Carter, being duly sworn, deposes and says that he has no posi- tive information of the fitting out of the Brutus, excej>t what is hereafter stated. That, in common with others, he believed that expeditions have been fitting out at this port of a hostile character to Mexico; that he be- lieved, after reading the advertisement by certain merchants of New Or- leans in regard to the object of the Brutus, that whe was to be engaged in £7 402 [ House Doc. No. 74. ] sucli an fxpoililioii ; imjie es|)ecially believing lliat tiie ex[)C(lition of Gen- eral Miliia was oiienly fitted out at the levee; tliat Mf. T. Toby inlorm- ed de|)onent that vessels of war were fitting out at this j)ui't against Mexi- co ; lliat, after iieaiing of the Brutus, he cunsidered tliat she was one of the armed vessels alluded to by Mr, Toby; that, having irujuired what persons may give some positive information on tiiis subject, de|)oncntan- Hwers that he thinks tliat H. Lockett, A. Hodge, junior, and T. 'I'oby, may be able to give some positive testimony ; that the conversation alluded to with Mr. 'I'oby took jjlace on the morning of the couiinencement of the trial of Captain Thomjison in the United States district court. Mr. Carter be- ing asked what wailike |)reparations were making in siglit of the custom- house, he says that he always thought that the arcade, and the vessel that (jeneral Mehia went away in, were in tiie sight of the custom-house: but he considers that this question has nothing to do with this case, aiid that if {\ie Brutus was fitted out with hostile intent against Mexico, it was in the sight of the custom-house. Witness has no positive pei'sonal knowledge that the Brutus has been fitted out and armed against Mexico. Witness does not know of what warlike jireparations are spoken of in the Union of the 3 1st December last, under the editorial head. Witness does not know of any resjjectable jiersons, except tliose already mentioned, who> can give information about the Brutus. RICHARD M. CARTER. Sworn to and subscribed before me, GALLIEN PREYAL, Judge. New Orleans, January 4, 1836. Edward Hall, being duly sworn, deposes and says that he knows that the American schooner Brutus is now in this port, and is armed. She was advertised to go to Texas. In consequence of her being armed, wit- ness shi|)ped some goo sworn, deposes and says that he has no knowledge of any vessel fittitig out in this port \\ith the intent of cruising against Mexican vessels. He never heard of the Brutus until he saw the communication addressed to Mr Carleton, and signed by many (nerchants of this city. He knows notiiing about said vessel, except what he has heard from public report. He never spoke to Mr. Carter in his life about the Brutus, to the best of his recolleclioii. H. LOCKETT. Sworn to and subscribed before me, GALLIEN PREVAL, Judge. New Orleans, January 5, 1836. William Bryan, being duly sworn, deposes and says that he knows nothing about tlie schooner Brutus being fitted out in this port to cruise against Mexican vessels. He kfiows, on the contrary, as the agent of Mr. Allen, and from the instructions he received from him respecting the said vessel, that she was bought by Mr. Allen with the intention of sending her on a regular trade from here to Texas ; that she was advertised according- ly in the newspapers. The instructions which he received remain annexed, to his declaration. WILLIAM BRYAN. Sworn to and subscribed before me, GALLIEN FREVAL, JM(i^«. New Orleans, January 5, 1836. James W. Breedlove, the collector of this j)ort, being duly sworn, de^ poses ami says that this examination of witnesses has taken place at his 404 [ House Doc. No. 74. ] roqiicst : tlrat ha\i?ig been informcl that tlie scljooner Brutus was arrived, he first tli(nie;lil tliat he woiiIjI cleai- her, in taking bojul, as the law direcls, lor double ol" tiie amount of her cargo. But liaviiig seen, in the pul)- lic ])aj)PTs III' (his city, that vessels were fitting out and aiming in tlie sight of the cnslom house, witii an intent to ci'uise and romniit liiistilities against Mexican vessels, he reluscd to clear out the said schooner Bi-utus, until some steps shouM be taken to ascertain whether thei'e was any just ground to justify the publication which appeared in the iiews])apers ; and he then wrote a letter to Henry Carleton, Es(j., district attoiney of the United States, requesting him to have certain witnesses summoned to testify on the matlei', before some niagi>-trate ol the city, (the publication allinied to, which was pi-inted in the Union on the 31st of December, 1835, lemain- ing annexed to his de|)osl(ion ;) and witness i-efjuested Mr. Carleton to summon Mr. John F. Carter, the editor of that j)aper, supjiosing tliat he would not have j)ublished the fact contained in said jniblication without soirie foundation, ^^'itness states that he has taken the bond of the owner of the Brutus, with four securities, in the sum of twenty thou'^and dollars, under the 11th sectioji of the act of Congress approved on the !20th of April. 1818 ; and whether he shall clear that vessel or not, without further investigation, depends upon the decision of this coui't ; that is, whether this court will discharge Mr. Allen or not. I'hat Mr. Allen exhibited to witness the bill (.f sale to him of the schooner Ciutus, and thereupon ob- tained an American register, surrendering, at the same time, the old one; also, the list of his crew, with American protections to the same, and the manifest of his cargo. J. \y. BREED LOVE, Collector. Sworn to ami subscribed before me, GALLIEN ?RE\AU Judge. New Orleans, January 5, 1836. Andrew Ho< of the Mexican lepuhlic, heing a foreign State with whont the United States aie at peare." Tlic defendant appeared and denied the truth of the cliarge, and stated Ihat he was leady for an examination. Many witnesses were examined, and all on ilie |)art of the prosecution. The crime of \\liich the defendattt is accused, is found described in the act of Congress ol April 20, 1818. The sixth section provide^, that if any peison sliall, within the territory or jurisdiction of the Ujiited States, begin or sit on foot, or jirovidi; or pre|)ai"e the means for, any military exi)edition or enterprise, to he cairied on from thence against the territory x>v dominions of any foreign prince or state, or of any colony or district or l>eople Nsith whom the United Stales are at peace, any j)erson so offending ^shall he deemed guilty of a high misdemeanor, tVc. A vessel sailed from New Orleans in the afternoon of last year, having aboard a laigc numhei- of men and cannon, arms and stoi-cs ; and sulli- -cient evidence has made it appear that it was an expedition intended by its I leader, General Mexia, both before and after its leaving New Orleans, to be employed against some part of Mexico. Its character was not fully developed pievious to sailing ; hut from what we learn as to the events of that lime, and IVom wliat took jjjacc oti the voyage, and after the arrival at Tampico. the belief must be, that the object from first to last was mili- tary operation. Of its nature and destination, some persons besides Mexia, perhaps. Knew : and the inrjuiry now is, whether Mr. Cliristy was engaged in •^beginning or setting on foot, or providing or preparing the means, for this ^'xpedition or enterprise. Mr. Chi'isty, it appears, was chairman of what was called the Texian .committee, and was frequently called upon by persons wishing to emigrate. .Among tiiosc who visited him at his ofllce, was General Mexia, who -avowed that he wished to do .something foi- the cause of Texas, and that he , intended to stiike a blow somewhere. The conversations between him and the defendant v\ere heard by the witne.ss ', and he states that Christy .always declined giving any assistance, or aid of any (lescrii)tion ; and that in all that took place at the oflice, whether with Mexia or others, the iangiiage of the (Ulen Frankfokt, Ky., Jl-pril 22, 1836. Sir: Your communication of the 9th instant, suggesting that " it ap- peared from an article in one of the Western journals, containing what purports to be an extiact of a letter of Felix Huston, Esq., of Natchez, that he is in the act of raising and equipping a volunteer company for mili- tary service in Texas," and diiectiiig me to ''satisfy myself by proper in- quiries; and that should I find that either he or any other person has, in re- gard to the transaction alluded to, violated the laws within the Kentucky- district, that I should institute such proceedings as may be necessary to bring the offender to punisjiment; and toseethe laws enforced with respect to any similar violation of the neutral relations of the United States," has been received, and will be promptly attended to. I am not, at this time, apprized of any individuals so deporting them- selves as to come within the provisions of the act of Congress, within the district of Kentucky. As it is matter of great interest to our section of the Union to preserve the amicable relations existing between the United States and those of the Mexican republic, aiid fears exist that the latter entertain jealous appre- hensions that the former give countenance to the succors received by Texas from them, allow me the suggestion, triat a proclamation emanating from the seat of Government would have tlie double effect of (piieting those fears, and of apj)rizing the citizens of the consequences of a violation of the laws, lam, sir, your obedient servant, L. SANDERS, U. S. I). A. K. D. Hon. John Forsyth, Secretary of State. Mr. Gaines to Mr. Forsyth. Natchez, May 1, 1836. Sir : Yours of the 9th ultimo was received by the last mail, and I im- mediately made such inquiries as the nature of the case permitted. I have 408 [ House Doc. No. 74. ] DO doubt tliat proparations of some desciiptioM ai-e making for the assist- ance of Texas ; but I luive been, as yet, niiable to obtain any legal e\ idence of a violation of the laws, on which to base a prosecution. 1 ha\e lequested the niai'shal, if he knows or can obtain such inform- ation on tlie .subject as will justify legal [jioceedings, to communicate, it to me without delay. I am, lespectluUy, your obedient servant, R. M. GAINES, U. S. Attorney Miss. District. TJie Hon. John Forsyth, Secretary of State. Mr. Fox to Mr. Forsyth. Washington, •iVoremftfr 28, 1837. Sir: I am inf<:rme(l by Major General Sir John Ilarvcy, Lieutenant Go\ernor of the I'r-oviticc of New Brunswick, that hei- Majesty's 43d regiment of liglit infantry is undei- order's to pi'occed from that Pi'ovince to the Province of Lower- Canada ; and Ihat, marching by the route of the Grand Falls and the >L\dawaska settlement, the regiment will cross a part of the ter-r-itor-y In dispute between t!ic two countries. Sir* John Harvey has recjuested mc to explain to the Government of the United States — and he is desirous that the same explanation should be given, through the p!-oi)er' channel, to the Government of the State of Maine — that this movement of ti'oops, wliicii will probably take place in the fii'st week of January, is in no way wliatcver connected with any recent occur- rences in the disputed territory; but that it is undertaker), in pui'suance of super-ioi- orders, for liiesole purpose of r'cinforxing the British military station in L')wer Canada. The r-oute by the Grand Falls and the Madawaska settlement has all along been made use of for- the tr-ansinission of liic post, and for- other or*- diiiaiy communications between the two Pr-ovinces. 1 have the honor to be, sir*, w ith great respect, your obedient servant, H. S. FOX. Hon. John Forsyth, &c. Mr. Forsyth to Mr. Fox. Department of State, JVashiugtori, December 2,1837. Sir : I have the honor- to a( knowledge the r-eceipt (»f your note of the 28th ultimo, appr-izirig ine thai you had been informed by Major General Sir John Harvey, Lieutenant Gfjvernor of New Briirrswick, tiiat her Ma- jesty's 43d regiment had been or-iot only united in peace, but ;.re studying to enlarge the sphere of a happy and beneficial inter- course, and to strengthen the bonds of national affection and friendship. I feel, therefore, that I am doing no unfriendly act in pointing out to the Government of the United States the facts which have been brought ofiici- ally to my knowledge, showing how the laws of the republic are trans- gressed, and the wishes of its best citizens defied, to the detriment of a friendly and kindred |)eopie; and I solemnly appeal to the supreme Gov- ernment of the republic promptly to interpose its sovereign authority for arresting these disorders, before they shall have produced a train of disas- ter's and of national resentments which it is e([ually the devout wish of both Governments to avert. I have the honor to be, sir', with high respect and consideration, your most obedient and humble servant, H. S. FOX. Hon. John Forsyth, &c. Lieutenant Governor Head to Mr. Fox. Government House, Toronto, Upper Canada, Ilecembcr 23, 1837. Siu : It 13 my duty to lose no time in apprizing your excellency that the j)eace and security of this Province are at this momerrt threatened, and that its tciritor-y is actually invaded, by a large band of Amer-ican citizens from IJud'alo, wlio have taken up arms, :iiid eslal)lished themselves in a iiostiie mariner on Navy island, in the Niagar'a river', and within the ter- ritory of Upper (Canada. [ House Doc. No. 74. ] 411 Yoiir excellency lias no doubt leajiied from the public papers, tliat, in consequence of the insurrection utiliappily commenced in liower Canada, (but wbicli, I have reascm to believe, is now eflVctnally sujiptessed.) ;,n at- tempt, as rasli and liojieiess as it was wicked, was lately nnnle by three or four hundred j)ersotts in lliis > icinity to involve this I'r-ovince in the mise- ries of civil war. In concert with this movement, an endeavor was also made to excite the j)eople in another district to take up arms a.i^ainst the Government. Both tliese attemjits were promptly and ellVctually su|>- pressed by the loyal militia of this Province, nnaindooked-for conflict. I need not remark to your excellency how unfair and unjust it is. that a rebellion which, within this Province, was so insignificant that it was instantly crushed by the civil inlialiitants of the country, should be re- newed and rendered formidable by the direct and active encouragement of the American people: and that, during tlie existence, not merely of peace, but of the most friendly relations between Great Britain and the Govern- ment of the United States, the peaceful ])opulation of this Province siiould be threatened with devastation and plunder, and all the miseries of civil war, by the unjustifiable interference of American citizens. Though inhabiting a remote portion of the British dominions, the peo- ple of Upper Canada feel that they may rest assured of being ultimately protected by the wlude force of the empire, if it be necessary. They are conscious, also, that they deserve kinder oflices at the hands 412 [ House Doc. No. 74. ] of tlje AmeiicTii people ; and I appeal to you, in tlieir name, and as the representative of tl»eif soveieign, to urge iipcui the Govei-nment of the United States the immediate exertion of military force, to suppress a movement of their jieople, so insulting and injurious to a neighboring na- tion, and which, whatevci* temporary calamity it may inllict, must inevi- tably, unless jn-omptly checked, lead to a national war, in which any wrongs committed against the people of this colony will, under the pro- tection of a just Piovidence. be amjjly rediessed. 1 beg your excellency will not fail to assure the American Government of n»y sincere conviction that the facts of which I complain will cer- tainly meet with theii* most unipialified reprobation. I have the honor t(» be, sii-, your excellerjc)'s most obedient, humble servant, F. B. HEAD, Lieut. Gov'r. ilis Excellency Henry S. Fox, British Minister at Washington. Mr. Forsyth to Mr. Fox. Department of State, WashiJigton, January 5, 1838. Sill : I have had the honor to receive your communication of the 4th instant, with the oHicial despatch of the 2od ultimo from the Lieutenant Governor of Upj)er Canada. The President, to whom they were imme- diately submitted, has directed me to reply that he perceives, with great satisfaction, that you are duly sensible, not only of the wishes ami feel- ings of this Government in i-elation to the unfortunate state of things oii tlie frontiers of the United Stales, but of the general disjiosition of tiie j)eoplc and autiioiities of tiiis country to cultivate and extend that benefi- cial intercourse with Great Britain so well adapted to strengthen the ex- isting bonds of national affection and friendship between the two nations. You have already seen, i:i the public journals, the efforts that have been made, and are now' making, both by the General and State G(»vernmeiit.s, to j)revent any of our misguided citizens from inteilei ing in the disturb- ances of tlie neighboiiiig territory of the Canadas. I have had the honor, also, to make you ac(piainted with other measures which are in progress to the same effect, founded upon the informalion received from the officers of the United States who were sent to the frontiers to prevent violations of our laws ; and 1 now repeat to you, formally, foi* the satisfaction of your Go\ernment, and to relieve the anxieties of the authorities of Upper Can- ada, that all the constitutional power vested in the Executive \\\\\ be excited to maintain the stijncmacy of those laws which were passed to fullil the obligations of llie United States to all friendly nations who may be uidortunatcly engaged in foreign or domestic war. Assui'ances to that eff'ct to the authorities of Upper Canada may be given in the strongest terms j and the I'rcsidrnt does not doubt that this object, so desirable in the present crisis to both Govei-nments, will be ac- complished, if insurmountable obstacles are not thrown in the way by tliC rashness of |iersoiis within the dominions of her Biitannic xMiijesty, who, in tlieir icscnlment or apprehensions, may think themselves author- [ House "Doc. No. 74. ] 413 ized to make aggn ssioiis upon llic United States for ii)jinies committed by individuals svlio are \ iolatofs of oui- laws, and wIid escape jn-oseeiitiun ami punislinient uadei- a temporal, y excitement jji-oiluced by the events on the frontitT, and by the menaces directed against our own people by some of her Majesty's in)prudcnt stdjjects. With great respect and consideration, I have the honor to he vour obe- dient servant, JOHN FORSYTU. tl. S. Fox, Esq., &c. Mt . Forsyth to Mr. JCellogg. Department of State, irashijiglou, December 7, 1837. Sir : In tlie course of the contest which has commenced in a jwrtion of the territory of Great Britain, beivvecn |)ortions of the pujiulation and the Governtiicnt, some of onr citizens may, from their connexion with the settlers, and from their love of enterj)risc and desire of change, be in- duced to forget theii' duty to tlieii- own Government, and its obligations to foreign I'owers. It is the fixed detei mination of tlie President laithftilly to dis( harge, so fai as his power extends, all the obligations of this Gov- ernment: and that obligation, especially, which rKjuircs that we shall ab- stain, under every temptation, from intermeddling with the domestic dis- putes of othei- nations. You are, therefore, earntstly enjoined to be atten- tive to all movements (»f a hostile chai-acter, contemi)late(l or attempted, within youi- district ; and to prosecute, without discrimination, all violators of those laws of the United States which bave been enacted to preset've j)eace with foreign Powers, and to fulfil all the obligations of our tieaties with them. I am, sir, your obedient servant, JOHN FORSYTH. Daniel Kellogg, Esq. United States attorney, Rockinghamf Vermont. [The same to the district attorneys for the northern district of New Yerk and Michigan district.] Mr. Forsyth to Governor Marcy. Department of State, Washington, December 7, 1837. Sir : A contest having commenced in a territory of Great Britain ad- joining the United States, between portions of the population and Govern- ment, during which attempts may be made to violate the laws of the United States passed to preserve the relations of amity with foreign Powers, and to fulfil the obligations of our treaties with them, by the directions of the President I have the honor to request the attention of your excellency to 414 [ House Doc. No. 74. ] any movements of that cliaiactor that may be contemplated in the State ol New York, and ytuii- prompt interleience to arrest the parties concern- ed, if any j)iepaiations arc made of a hostile nature against any foreign Power in amity \Nith the United States. I iiave the iionor to be, sir, voui* obedient servant, JOHN FORSYTH. Ui8 Excellency "William L. Marcy, Governor oj the Slate of A''ew York. [The 8ame to the Governors of Vermont and Michigan.] Mr. Trowbyndore to Mr. Fillmore. *o BufFALo, December 12, 1837. My deau Sir : You will no doubt have seen by the papers that there has been an outbreak among tiie Canadians at Toronto. Tlie patriots or rebels imbndied to the number of thi-ee or foui- hundred, and made an attack on the city, but were defeated by the loyalists. 1 cannot learn that the patriots are assembled in force at any on - point at this time. I'he loyal- ists are under arms along the lines, and the several ferries guarded. Mc- Kenzie and Dr. Rolfe, the leaders of the patriots, are in this city, and I undeistand their object is to solicit aid in some shape j either men, nunii- tions of war, or both. They are to have a meeting to-night in the theatre. I'here have already been held three popular meetings in favor of the patriots, \ery numerously attended. There is a strong feeling in our place in their favor. I am a|)prchensivc that this feeling will lead to the or- ganization of a force for the purpose of aiding them. I feel as though our situation is somewhat critical, and that the imprudent and ardent zeal of some individuals among us may urge the j)(>j)ulace into measures which may co..imit the country, and disturb the good ujiderstanding which exists be- tween this Government and that of (Jreat Britain. You aie at liberty to submit this letter to the President or the Secretary of War, if you deem it proper to do so. I am, sir, with great respect, yours, J.TROWBRIDGE. Mr. Trowhridsre to the President. Buffalo City, Mayor's Office, December 14, 1837. Your Excellency : Recent occurrences in this city, and upon this frontier, appear to me to recpiire that the attention of tiie Executive of the General Government should be called to them, or we shall be seriously C')iri|)»-omis(d with the English Govei-nment. A shnrt time since, a meeting was called in this city by some young men, from mere sport, and without any snious intentions. Jt a|)]i(ai-s, how- ever, that a greater excitement existed than they had anticipated : and f House Doc. No. 74. ] 415 meeting after meeting has been held, cacli mure niinicrous than the other, until the evening of the IGth instant, when there was colk'cted thi; largest assemblage ever known in this citv. >\ . L. iMcKeny^ie, a Canadian re- foi-mei, was present and addressed the meeting, and avowi-d that he wish- ed to obtain aims, anununition, and voliinteeis, to assist the reformers in Canada. Yesterday (13th) men were actively engaged in collecting arms and ammunition, and enrolling names, for the openly exjiressed purpose of invading Canada. A handbill was posted up towaids evening, calling upon the volunteers for Canada to meet in front of the theatre, for the l)urposc of taking up thrir line of march. A numbei- met, armed and equipped. A large assemblage soon after gathered around the Eagle tavern, which had been the depot for arms through the day. A general was duly appointed to take command of the invading army. About nine o'clock the people generally dispersed. The volunteers, with theii- friends and abettors, marched, w ith their arms and colors, out of the city, as was supposed for the night; about one o'clock this morning a portion of them returned, and enteied the couit-house, atid forcibly took from the sheiiff two hundred stand of aims belonging to the State arsenal at Batavia. Tliey also took from the gun-houses two field-pieces, and then marched to Black liock, w here they are now quartered. These ])roceedings create great excitement on the other side of the river, and the Government is at great expense to guard their frontier: two hun- dred j)rovincial militia are in arms at Fort Erie and Waterloo. The civil authorities have no adequate force to control these men, and, unless the General Government should interfere, there is no way to pre- vent serious disturbances ; and I have considered these transactions of too much importance to pass w ithout apprizing you of the facts. Trusting that your excellency will cause such measures to be taken as will put a speedy end to these outrages, and ensure the punishment of the leaders, I have the honor to be, your excellency's obedient servant, J. TROWBRIDGE, Mayor. Governor Jenison to Mr. Forsyth. Executive Office, Sfwreham, Vermorit, December 16, 1837. Sir : I yesterday received a communication from the Department of State of the United States, stating «Mhat during the contest at present existing in the neighboring Province of Lower Canada, attempts might be made to violate the laws of the United States, &c. ; and requesting the attention of the authorities of this State to any movements of that charac- ter, and a prompt interference to arrest the parties concerned, if anv prep- arations of a hostile nature are made against any foreign Power in amity with the United States." From representations made to me, I had felt that the emergency of the case called for the interference of the public authorities, and had, two days before receiving your communication, by proclamation called the attention of my fellow-citizens to the subject. 416 [ House Doc. No. 74. ] On (lie I4t!i instant, a (Icj)iitatio!i Crorn a ronimittec raised at public meetings of tlie inhabitants of Swantoii and St. Aiban's, called upon ine witli a ref|ue^;t that I would cause arms and munitions of war to be distrib- uted ainoni; the fi'ontier iidiabitants of this State. riierc aic none at tlic disjio-ition of the Exeruiive of this Stale. I enclose a jiaper containing the proceodings of those meetings, which will show the feelings existing in that neighborhood. The General (Tovernmeiit must judge of the j)i-opiiety and expediency of placing a detachinerit ol troops in tliat neighborhood, to allay the fears of the inhabitants. Should theie be another rising in the Lower Province, such circum- stances as that at Swanton and St. Aiban's on the 6th will be very likely to occur again. I am, sir, &c. Hon. J. Forsyth, Secretary of State of the United States. S. H. JENISON. Mr. Wright to Mr. Forsyth. Washington', Decenxber 16, 1837. My dear Siu : The enclosed letter from tiie collectoi* of the customs for the district of Burlington, in the State of Vermojit, came to me this morning, and 1 consider it to be my duty to trajismit it to you. I pre- sume, from a notice I have seen in the public papers of your communica- tions to the Governors of the States boidering upon the Canadas, that any steps which the information might call for from this Government have been anticipated. Still, as I iloubt not the letter was written with the intention that it should be laid before the propei- Department here, 1 com- municate it. Colonel Hyde is well Icnown to me, and is a faithful, patri- otic, and worthy officer, and would communicate nothing of which he was not well informed. I am, w ith liigli respect, your obedient servant, SILAS WRIGHT, Jr. Hon. John Forsyth, Secretary of State. Mr. Hyde to Mr. Wright. Burlington, Vermont, December 11, 1837. Dear Sir : Since the commencement of liostilities among our neigh- bors, the Canadians, some things have taken j)lacc on this frontier, and on this side of the line, whidi it may bo impoitant to the Governn»ent to know, in order that our own citizens may be informed, by pi'oclamation or otherwise, what line of conduct they ai*c to pursue to kee[) themselves w ithin the laws of Congress and treaty stipulations. Of the propriety of [ House Doc. No. 74, ] 4i7 giving it this iiiroi'ination. I sliail not umloi-take to .judge ; 1 li'avc that t-ntiiTly to }<)iM-s('ir. Ail I sliali altiMiipt to do is, to give you llic facts. After tiic hattleof Si. Cliaries, many of the patriots, wlio iled IVoni tliat and other places in Canada, congregated theniseives in Swantoii and Iligii- gate, ahjiig tiie line, in tlie county of Franklin, in this State ; there hiing there, as well as all through this section «if country, a very slnuig feeling in their favor. Oui* citizens soon {urnishcd thcni with tiire*^ pieces of can- non, some small-aj-ms, powder, lead, ami other munitions of wai". Thus furnished, the paliiots, on Wednesday last, made a descent IVom this point inti> Canada, ami had not proceeded far wiien they were met by a pai-ty of loyalists, who routed them and took two pieces of Iheii* cannon, killed some of their pai'ty, took others, and the remainder returned to Swanton, where they now are. Tlie royalists lost, as it is said, in this aflair, hut one n)an, a Ca|)tain ISIooie, killer'i(y of the town, as I am informed, imme- diately took fi-oin them their- ar-ms, and they disj)ersed ; some of them redirning (o their own contitry. and other's going (o diirer-ent parts ni' this coiintiy. I am not apprzied of (lie riauies(d' the individuals (jius eng.iged in the \ iolation of the laws of our- country, or- w here they are to lie found. The iMlcliigence (Voin Canada rcci'ived yester-day at the lines, induces the Ijelit-f that the contest (her-e is at an end ; tiie Government tr-oops hav- ing defeated and disper-sed the patriots in ever-y part of the I'r-ovince. The excitement j)revailirig among our- citizens is fast subsiding, and I have ever-y r-eason to believe that perfect traiHiuillity will be immediately rcstor'cd to the irdiabitants upon this frontier. [ House Doc. No. 74. ] 423 Belicvitie; tliat my Ioiis;e;' rontiiiuaiirc in this vicinity is enfiri'ly un- necessary, I shall inunediately letuin Id my residence at Ilockingljain, where 1 sliall be happy lo receive your further commaiuls. t have the honor lo be your obedient servant, DANIEL KKLLOCIG. JUtomey U. ti.y Vcnnont IJistrict. Hon. J. F((K.SYTII, Stcr clary of State, f Fashing Ion. Mr. Forsyth to Mr. Kellogg. Detartment of State, TVasliinglon, Deccmbir 20, 1837. Sill : Information has been received, fron> a source which entitles it to attention, that, after the battle of St. Charles, which took i)Iace some time since, niasiy of the insurgents, wlio lied from that and otiicr places in Canada, collected at Ssvanton and Ilighgate, in the State of Vermont, and that citizens of the United Slates furnished them with tliiec pieces of cannon, son)e small-arms, powder, lead, and other munitions of war; and that, having been thus furnisliod, tlie insurgents, on the 6th of the present month, made a descent into Canada, where they were met by a party of loyalists, and routed, w ith the loss of two ])ieces of catmon, one of the party being killed and others wounded, and that the remainder returned to Swanton. The President directs that you institute an immediate inquiry into the facts thus stated ; and, if they should be found to be coriect, ami susceptible of proof, that you commence legal proceedings against all such persons as appear to luive been conceriied in violating the law for tho ])rescrvation of the neutral relations of the United States. You are also directed to exercise constant vigilance during the pending contest, and to take all proper steps to j)revent the recurrence of acts sim- ilar to those into which you are now called upon to examine. 1 am, sir, your ubedient servant, JOHN FORSYTH. Daniel Kellogg, Esq. United States District Attorney^ Rockingham^ Vermont. P. S. A circular letter, of which a copy is enclosed, has been ad- dressed by the Secretary of the Treasury to each of the collectors of the customs of the United States bordci-ing on the Canadian frontiers, i-equi- ring them and their ollicers to co-opeiate with the disti-ict attorneys and other United Slates oQicers in all legal modes for the j)reservation of the neutrality of the Goverjiment and people of this countiy during the dis- turbances in Canada. Mr. Fillmore to Mr. Poinsett. House of Representivks, December 21, 1837. Sir : I have the honor to enclose herewitli a letter froin Doctor Scott, one of our must respectable citizens, at Buffalo, showing, in addition to 424 [ House Doc. No. 74. ] the mayor's letter, wliicli I lir.iuled you yesterday, tlie state of feeling tlierc. I have tlic Imiioi- to be, voiii- most ohedient scr-vaiit. MILLARD FILLMORE. Hon. JoKL R. Poinsett. P. S. I iiavc criiscd certr.in names, as desired by Doctor Scott. M?'. Scott to Mr. Fillmore. Buffalo, December 13, 1857. Dear Siu : His honor the mayor informed me to-day that he yestenhiy wi-ote voti on the subject of the excitement whicli at this time pi-evails it! BuRaio with relaiion io the Canada war. At his rerjuest I aihi a few lines. McKenzie and Dr. Rolfe are here, and attended a large meeting of our citizens held last evening at tlic theatre. Many exciting and inilamma- Tory speeches weie made, ufitil the rabble wero rife for any thing. After ihe' meeting they patrolled liie sti-eets jiearly all night, accompanied with shouting, military music, &c. Men are openly and publicly solicited to take ])art with the liberals, and arms and ammunition jiublic procured and dep(»sited at the Kagle tavern. It is said that quite a number of our citizens have agreed to put themselves under McKenzie's command, and mai-ch for Canada to-night. The Eagle is now crowded to overllowing, and a multitude around it wiio cannot get in. You know that our popula- tion is com))osed of excitable materials ; and they are generally excited — I mean the rabble. Few of our respectable men have taken any active j)art. 1 must however exce|)t * * * *. They have addressed these meetings, and have done much towards producing the present excitement. 1 have fears, and am not alone in that resjject, that some act may be done to imj)Iicate the Government, and eventually lead to a war with England : and am desirous that some step should be taken to prevent the jtossibility of such an occui'rence. I have, therefore, just brieily stated these facts : and if they siiould be thought of any importance, you are at liberty t(» lay this communication before the President or Secretary of War, at ycMir discretion. It might, in that case, be proper to erase the m\mes of our ?ieighbors which I iiave given ; as they, i)erhai)S, would not be willing to ha\e (juite so much publicity given to their acts. I an», sir, very respeclfullv, vours, V> . K. SCOTT. Hon. M. I^'lLLMOKE. Mr. Forsyth to Mr. Benton. Devakt.ment of State, Jl'ashington, December 21, 1837. Siu: Information has been )ccpi\ed, from a sourre entitling it to atten- tion, that McKenzie and Uoll'c, leadei-s of (he insurgents in Uppi'i- Canada, were in llie ( ity of linll'alo on the \2{U of ilie present month, with the [ House Doc. No. 74. "j 425 object, it was uiulorstood, of soluiliii}; aid in (Iio .sliajjc of men aiul muni- tions of war ; that ihvy wore tliat nij^lit to have a meeting in the. theatre, that three popular meetings, in favor of the insurgents, had already been held, wliich were numerously attended ; and that tiierc was a stiong feeling favorable to them in that place, which, it was apprehendeil, would lead to the organization of a foice, for the purpose of rendering them assist- anre. The I'resitlent direc ts that you institute an immediate in(|iiiry into the fads thus stated, and the subsequent movements connected therewith. Should these have been in violation of the law, and susce|)tible of proof, you will commence legal proceedings against all such persons as apjjear to have bee?i concerned. You are also directed to exercise constant vi- gilance during the jjending contest, and to take all |)roper steps to prevent the recurrence of acts similar to those into which >ou arc now called upon to examine. I am, sir, your obedient servant. JOHN FORSYTU. Nathakiel S. Benton, Esq., U. S'. Attorney for the Northern District of New York. P. S. Since the above was written, a letter has been rceived by the President from the mayor of Buffalo, containing information which" calls for immediate attention. You will, therefore, proceed with the marshal of the district, immediately, to Buffalo; and institute legal ])roceediiigs against all such persons as shall appear to have violated the laws of the United States. Mr. TVoodbiiri/ to Mr. Forsyth. Treasury Department, December 21, 183r. Sir: In comjiliancc with directions given by the President in his ref- erence to this Department of a letter addressed to you by N. S. Benton, Esq., United States attorney for the northern district of New York, u{)on the subject of the affairs of Canada, circular instructions have been issued to the collectors of the customs in the districts borderirig on the (rontiers of the Caiiadas, copies of which I have the honor to transmit heiewith, for your infoi-iriation. i^lr. Benton's letter has been sent to the War Department, in accordance with the directions contained in the I'l-esident's refei-ence. I have the honor to be, \eiy respectfully, your ohedient servant. * LEVI >V()ODBURY. Secretary of the 'Treasury. Hon. John Forsyth, Secretary of State, TVashington. Circular to Collectors of the Customs of the United States in the Dis- tricts bordering on the Canadian frontiers. Treasury Department, December \ 9, 1887. Sir: In conspqiiencc of the disturbed cotnlition of affairs at present existing in the British Provinces of Upper and Lower Canada, and with 426 [ House Doc. jVo. 74. ] llie view of onsiiiing due coinplianre with i\w acts of Congress, and the ii-('ji)y slipulatioiis in foice hi'twi-cn (iit'at liiitaiii and the United States, anil thereby preset-N ing a stiict iii-ntrality oi: tlie jiart of the Government and the people of this counfry, orders, by directioii of the Pi-esident, have already been given to the respective district attorneys, to have all citi- zens c)r other inhabitants of the United States prosecuted, who may be concerned, in any manner, in violating those Jaws or tieaties. By a similar direction, you and }{)ijr ollicers are required to co-operate with the district attorneys, and other United States officers, in all legal modes, to assist them in the accomplishment of the objects before stated. I am, respectfully, your obedient servant, To Secretary of the Treasury, Collector of . Governor Mason to Mr. Forsyth. Detroit December 21, 1837. Siu: 1 have the honor to acknowledge the receipt of your letter of the 8th instant. I have no idea that any attempt will be made by the citizens of Michigan to interfere in the conti-oversy now pending between the Gov- erinnent of Great Britain and a j)ortion of the people of the Canadas. Should, however, the contingency cotitemjjlated by the President arise, he has my assurance that 1 will useevei'y exertion to prevent any violation of the act of Congress for the i)reservation of the relations of amity wit!i foreign Powers and the Government of the United States. I have the honor to be, your obedient servant, STEPHENS T. MASON. Hon. John Forsyth. Mr. Barker to tlie President. Buffalo, December 23, 18S7. Slit: I have to inl'orm yon that Mr. Gari-ow, the marshal for this dis- trict, is now in this city, in oider to make arrests for all vi(daiions of the laws that have been passed to j)reserve the neutrality between this Gov- ei-nntent and (ireat Britain. I have been called upon by many of the leading men in the Province to know w hat our Government intended to do. 1 have assured them that nothing woidd be wanting, on the part of the Picsident, to enfoi-ce and pi-osecut<'. all violations ; and 1 can assure you that the civil authorities here will do all they can to aid Mr. Gartow in the execution cd" his duties. There lias been great excitement here. 1 tliitik, however, the crisis past. The patriots have left the neighborhood, and are sti-ongly fortilied on a IJiitish island in the Niagara river, to the amcertaine(l that six oi- seven liundred stand (if aims, belon£;in£f to this State, have been taken, bv foi-ce or othei-- wise, at Buffalo and Batavia ; and that all the artillery pieces and car- riages in tlie county of Niagaj-a, also belonging to the State, have been taken, ajid, with the small-arms above mentiojied, carried to Navy island, the headquarters of the fitrces collecting, and destined to act against the colonial authorities of Urjper Canada. I have this day written to the President of the United States, suggesting to him the })ropiiety of order- ing an armed force to Fort Niagara. The state of jiopular feeling along the whole frontier, and far into the intei-ior. is such as to induce a sti'ong belief that the foj-ces cnilecred at Navy island, or othei's, may seize the United State.s ar-mamcnt at Fort Niagara, slujuld the same be supjiosed of any use in the contest with the royal foi-ces in Canada. The immediate occupation of this fortress by a company or more of good troops, under 428 [ House Doc. No. 74. ] tlic commaml of a prudent and cautious olTlcor, is suggested as a measure of jnccaution. 1 lia\e, since tlie receipt of your leitei- of tlie 7tli instant, taktu ('\(iy step williin my power' to arrest the violators of the laws, and to prevent their violation. On (he IStli instant I wrote to the marshal, and u'lpiested him to repair immediately to Untrulo, and appoint two or more deputies at this jdace ; and desired the colircloi- to put one of his trusty inspectors to the duty nf collecting information which could enable me to procure process from the district judge to arrest the oO'enilers, in case the State magistrates should refuse lo issue j)rocess, which 1 had rea- son to fear they would do. The state of things at Rochester, you will per- ceive, is nearly oi- cpiite as bad as at Buffalo. The civil arm will no donht he found too weak to contend with the present state of feeling. Tlie |)ress will denounce all ai'rests, and eObi-ts he made to |)ievent the due adminis- tration of justice. If, on my way to Rochester, I should meet the miu-shal of the district, and. on consultation with him, we should be of oj)inion that my presence at Buftalo would pi-oduce excitement and distuibances, (as it seems to be the oj)inion expressed by Mr. Barker, in his letter of 2Sd in- stant,) I shall ventuie to exercise a discretion in this respect, and shall hope it will meet with the approbation of tlie President of the United States. The district attorney assures the President he lias made every eliort iji his power to pi-event the unfortunate and illegal occurrences which have taken place at Bulfalo, and other jjlaces on the frontiers, and will not allow any opportunity to jiass of arresting and brir.ging to liial all (ilTenders against the laws of the latid. 1 am, with great respect, your obedient servant. N. S. BENTON, V. S. Morney. Hon. Joiis FousiTH, Secretary of Slate, Washington. Mr. Barker to Mr. Benton. Buffalo, December 25, 1837. Sir : I have to inform you that Mr. Garrow is now in this city. The civil authorities here will do all they can to aid him, and to prevent any fur-ther vi(d:itions of the law. The island in the possession of tlie patriots is a British island. It is strongly fortified. They now. I understand, number about 800 men : liave stolen and got in theii' possession ten oi- tuehe pieces of cannon ; are well supplied with provisions from this city and the adjoining places, viz : Loekport, Rochester, kc. All is quiet here at present. The Cana- dians arc leaving Canada in great numbers. Our mayor resigned his office last evening. Truly yours, I'lERRE A. BARKER. N. S. Brxton, Esq., U. S. Jittitrncy. Mr. Barker to Mr. Benton. CoLLECTOu's OfI'ICE, Buffalo, Bccemher 23, 1S37. J^ru: I am in receipt of yours of the 'COth instant, in relation to the casting of (anuon-balls. in this, I have to say that I understand they [ House Doc. No. 74. ] 429 have been cast at llu* liii-nare oT Jolm Wilkinson (Sc Co., at the ("tirnare of Isaac W. SkiiiniT, aiicl at llic liiniacc »[' (icneral I'eicr IJ. I'oi'ti-i', at Black Hock. I liavi' onij)loyc«l a tiiisty ect to see yoxi here or there in a short time. Things about as }estei-(lay. I saw Mr. Eaton, of Locki)oi-t. to-d;»y. He savs the State pieces of artillery in Niagara county ai-e taken to Navy island, as is supposed, without let or hindrance. Rather a had state of things; however, peojjle will soon come to their senses, I hope. 1 will be glad to see you here. In haste, vours, J. GOULD, Collector. Hon. N. S. Bentox. M?\ Gat'^'ow to Mr. Benton. AuHUHN, December 21, 1837. Dkau Sir : Both of your communications of yesterday have been duly receiveil. 1 start to-i!n)rrow morning lor UtiHalo. There have heeli letters received in this place to-day from BufTalo, of the I8lli, saying tliei-e were soldiers enlisted daily in the streets of tluit place. I .sup;.)ose I can do nothing with those who iiave or may connnit offL-nces out of inv pres- ence, unless I have prncesses against them. 1 have written to Cady. and also to Fairbanks, directing them to put the law you referred to inforce, and to keep yjmnggled cloth from a patriot, who said it was intended foi- the soldiers on the island. Tlie news from the westeiti district renders it very cei-tain that Dr. Dunscombe and his forces have dispersed. Persons wishing to come out of Canada have to obtain a pass. They are determined not to let I>i-. Dunscombe, or any more of those for whom a i-eward lias been offered, cscafie. Would it not be well for you to ask the Secretary of War to send a company of L'»iited States troops to occu|)y Foi-t Niagara ? It would put a stop most edectually to what is goi:ig on, and protect the public property at the fort. 1 am, sir, with great respect, your obedient servant, SEYMOUR SCOVILLE, Collector. N, S. Benton, Es(|., U. S. District Miorney. Mr. G arrow to Mr. Benton. BoniKSTEK', Dccc?nbcr 21, 1837. Dear Sir: I arrived here this evening at nine o'clock : sent for Gen. Gould and some others of this jdace. There is much excitement here ; forty soldiers marching the streets of Rochestei- lo-day under drum and fife; two pieces of cannon went ofT this morning; and three-fouiths of the people heie. I learn, are enroiiiagin^ and promoting t!;e thing ; and seven-»'ighths Given under my hand, &c. ■ Mr. Forsyth to Governor Jenison- Department of State, Washington, December 27, 18S7. Sir: I have the honor to acknowledge the receipt of your letter of the l6'h instant, and to communicate to you, by direction of the President, his satisfaction at the i)romptness with which you came forward, in your offi- cial character, to prevent a violation, within the limits of the State of Ver- inont, of the laws of the United States for preserving our neutral relations, wliich, it was feared, might be infringed from want of a proper considera- tion of the consequences, during the excitement produced on the frontier by the disturbances in Canada. It is hoped ihat you will transmit to the Department whatever important information upon the subject you may at any time leceive, accomjtanied by such observations as may suggest them- selves to your own mind, and as you may deem likely to be useful to the General Government. In the existing state of things, it is not thought that the presence of troops of the United States can be necessary for the protection of our citizens along the line, or for quieting any reasonable appreliension ; but, if the course of events should be such as to render it expedient, a sutDcient detachment will be furnished for the purpose. I have the honor to be, &c. JOHN FORSYTH, 'lo His Excellency S. H. Jenison, Governor of Vermont. Mr. Forsyth to Mr. Kellogg. Department of State, Washington, December 29, 1837. Sir : 1 have to acknowledge the receipt of your letter of the 20tli in- stant, in relation to the excitement in the district bordering on the Cana- [ House Doc. No. 74. J 435 dian frontier. It has been laid beCore the President, and an extract from it was published in the Globe of last evening. I am, sir, your obedient servant, JOHN FORSYTH. Daniel Kellogg, Esq., United States Attorney^ Rockingham, Vermont. Mr. Woodbury to Mr. Forsyth. Treasury Department, Jaixuarij 5, 1838. Sib ; I have the honor to transmit to you copies of letters addressed yesterday to the collectors of the customs at Eric and Buffalo, and to the commander of the revenue cutter Erie. I am, very respectfully, vour obedient servant, LEVI WOODBURY, Secretary of the Treasury. Hon. John Forsyth, Secretary of State. Mr. Barker to Mr. Woodbury .^^( Extract, j Collector's Office, Buffalo, December SO, 1837. At this time there is no communication between us and Canada ; no boats are running on the Niagara. I have this day sent the President an extra from the Buffalo Journal, in relation to the affair of the steamboat Caroline. It occurred in the Niagara district. Mr. Scoville will, no doubt, give you particulars. Our city is in great alarm. The whole frontier is in motion, and God knows where it will end. An express has been sent to Governor Marcy to call out the militia. The district attorney and marshal are now in Rochester, endeavoring to discharge their duty. Such is the exasperated state of feeling, that / very much fear the laws cannot he enforced without great loss of life. Ail shall be done on my part, as an officer of the Government, and as acting mayor of this city, to preserve and sustain the laws. Respectfully, your obedient servant, PIERRE A. BARKER, Collector. Hon. Levi Woodbury, Secretary of the Treasury. Air. Woodbury to Captain Dobbin. Treasury Department, Janua-^j 4, 1838, Sm : In consequence of the existing state of affairs in the Canadas, it IS deemed proper that the utmost vigilance should be observed in the due ^^xecution of the laws, and the most effectual measures taken to suppress any illegal or improper interference on the part of our citizens in the affairs of 436 I House Uoc. No. 74. j the iii'igliboiii)g i>eoi)lo. Acrordingly, tlie Prosidciit lias dii'ccted that the rfveiiiic cutter under your rommand be placed under the (onti'olof the col- lecliir at lJiin"al