.Si? /f^i I .^ yf^ ^ 398 S43 opy 1 - ty-r'i2i-l.-^r>-^/^^;Zl^ ol. o^^'l / J it.. MAINE LEGISLATURE. V: HOUSE OF REPRESENTATIVES. Feb. 16, 1827, The Joint Select Committee to whom was referred so much of the Governor's Message as relates to the North Eastern Boundary, and t» whom was also refer- red a communication from the Governor containing a copy of a letter from the British Minister in this country to the Secretary of State of the United States, having reference to the North Eastern Bonndary of this State,have had the same under consideration and ask leave to Re- port: That the territory lying within the lim- its of the State of Maine, the right of jurisdiction over which is now under dis- cussion between the governments of the United States and Great Britain, is high- ly important and valuable to the citizens of this State, as well from its extensive forests of timber, as for the richness and fertility of its soil and susceptibility of cultivation and.iraproyement. Although its settlement is not rapid, arising no doubt, in some measure from the con- flicting claims of national jurisdiction, yet it is destined at some future period to support a numerous, hardy and enter- prising population. The governmen* of the United States have an important in- |'; iii^:''|; terest in the decision of the question: "'-•■' So has the State of Massachusetts; but however important those interests may be, — this State has a more important one, — for her rights of sovereignty and pro- perty are both deeply concerned. Such, indeed, is the importance of this question to our State, that all her citizens ought to be alive to it, and all her public ser- vants shou'd use every exertion in their power to bring the subject to a speedy and correct issue. Your Committee have examined the subject, with all the care and delibera- tion in their power, and are not aware that much, if any light can be derived from the ancient g-rant-s, proclamations and treaties of the governments of France and Great Britain, because there seems almost always to have been con- flicting claims of jurisdiction, and few or no certain boundaries established. The War of 1756 terminated the power of France in Canada and Acadie, and by the treaty of Fontainbleau, which ter- minated that war, she ceded those pro- vinces to Great Britain. Great Britain then became as much possessed of Cana- ; da and Nova Scotia, or Acadie, as she was of her other colonies in North Amer- ica, which she had settled and protected; and had over them the same political power and the same rights of changing, altering or moditymg their jurisdictions, boundaries and governments, siuch con- tinued to be her rights over all her North , American Colonies until changed by the , American Revolution and consummated I by the Treaty of 1783. ''4- '^he Revolution brought into existence ma||L a new power, which Great Britain re- iHRk luctantly acknowledged, but, when she ^^ consented to treat with that power, it was i< . ;: competenit for the great contracting par- k ■ ' ties to make compacts, to prescribe such ■ • limits, and to establish and define such boundaries, as they pleased. This they have done in the treaty. Wherever the descriptions in the treaty are clear and not perple.\ed with ambiguity, there seems to be no necessity for resorting to any thing beyond its own provisions to settle its meaning, more especially when the instrument itself contains no such re- ference. The treaty of 1783 contains a very, clear description of the luie constituting I the North Eastern Boundary of the U- nited States. The description is s:> ac- curate and well defined, that it could nev- er have been doubtful, except at one point, to wit, — whicli of the rivers falling ' into the Bay of Passamaquoddy, and ulti- mately into the Bay of Fundy, was the true St. Croix, thereby intended. The Commissioners appointed under tae trea- ty of 1794 have settled that question; and although there was much reason for fix- ing on the first river West of the St. John, as the true St. Croix of the treaty, still the Commissioners finally fixed upon the Schoodic as the true river, and as- certained its direction from the mouth to its source, and settled the hne to the monument which they erected. How- ever hard the bargain was for us, we were bound in good faith to acquiesce in the result, and still do, and are not now disposed to disturb any thing which was thus mutually settled. There is not, to our knowledge, any controversy as to the point where the un- settled boundary commences, nor as to the course of the line, — for all parties commence their surveys at the same point, to wit, at the monuibent, and run the same course. The controversy is as to the length of the line, or in other words, what is meant by the North-west angle of Nova Scotia and the highlands, as described in the treaty. The boun- daries of the United States are describ- ed in the provisional articles between the I United States and Great Britain, and are |, . incorporated into the definitive treaty of |jj^^ I peace, with a preface which gives them f" an increased solemnity and effect. The first part of the second article of the treaty is as follows:—" And that all disputes which might arise in future, on f the subject of the boundaries of the said; United States may be prevented, it is '■■■, hereby agreed and declared, that the fol- j lowing are and shall be their boundaries, to wit: From the angle which is formed by a line drawn due North from the source of the St. Croix river to the high- lands, along the said highlands which di- vide those rivers, which empty them- selves into the St. Lawrence, from those I which fall into the Atlantic Ocean, to the ' North-western-most head of Connecticut I river, — thence down along the middle of I that river to the (brty-fifth degree of North Latitude," &c. We have belbre observed tliat the on- ly point which admitted of doubt in the description of the North-eastern bounda- ry, was the locality of the river St. Oroix, that being the point of commencing the line defined by the treaty. Until that was settled, the guide for finding the North-west angle of Nova Scotia could not be reduced to mathematical certainty. But, v/hen settled, it became a certain and definite point, from which, connect- j ed with the other part of the description, to wit, the highlands which divide the waters which empty themselves into the St. Lawrence from those which fall into the Atlantic Ocean, the North-west an- gle of Nova Scotia and the North-east angle of the United States and this State ; with the intervening boundary can be as- ! ceitained with absolute certainty. The treaty has no reference to any other des- cription or boundary than such as are contained in its own provisions; nor has it any reference to any rules of construc- tion, or points for ascertaining its monu- ments, but' such and such only as it gives. There is no ambiguity in its language, nor can there be any' upon the face of the earth. It describes two classes of rivers,-one emptying themselves into the St. Lawrence, and the other into the At- lantic Ocean. It describes no third class, and all the rivers connected with the des- cription of boundary must, therefore, be embraced in one or the other of the aforesaid classes. Nor does it mention the particular elevation of the highlands dividing the waters which empty them- selves into the St. Lawrence from thos^ which fall into the Atlantic Ocean. And 1 their particular elevation is of no conse- quence, whether they be ten thousand or one thousand feet above the level of the sea; it is only necessary the highlands' should be of sufficient elevation to divide the waters. There can be no doubt that there is such a range of highlands which do divide the waters emptying themselves into the St. Lawrence on the one hand' and the Atlantic Ocean on the other. — Lest there should remain any doubt, in, the description of the North-eastern boundary of the United States, it is again recurred to in the latter part of the se- cond article of the treaty from which a quotation has already been made, in the following words: — " East by a line to be drawn along ihc middle of the river St. Croix, from its moiilh in the Bay of Fun-' dy, to its source, and from its source di- rectly JVorth to the aforesaid highlands which divide the rivers that fall into the Atlantic Ocean from those which fall into the St. LaxL'rence." fe . :d ^ Here again — but two classes of rivers are recognised as having any connexion with the boundary, in ascertaining its position or iocahty on the face of tlie Earth, nor can we imagine that any oth- er class could have been in the minds of any of the Commissioners. When all the descriptions are so clear and precise; when we can discover nothing to excite doubts, we do not and cannot doubt. The rule for settling the boundary defi- nitively, is clear, plain and explicit. Nor can we Ibrbcar to remark, that if views of national interest did not interfere there would be no difficulty in ascertaining the line. The subject is again recurred to in the fifth article of the Treaty of Ghent, hut not in a manner that recognizes the slightest alteration in the rights of the parties. By that instrument all rights in relation to the Northeastern bounda-l ry are recognized as still existing pre-i cisely as they were defined by the trea- ty of 1783: — and as to all the claims made by the British Government, it is a. sufficient answer that the war of the revolution had dissolved their former po- litical connexion, and both, by the force of events had become independent sove- reignties. The principles of justice and national honor imperiously demand of both, a settlement of the boundary, in good faith, and according to the rules they have mutually prescribed. Let the boundary be thus settled, and we ask no more: — For the State neither seeks, nor claims more than her own; but she has a deep interest in preserving and retain- ing all to which she has a right; — and will not be wanting in any proper exer- tion to preserve and maintain the integ- rity of her territory. The Government of the United States! have manifested no dispsition to yield' any portion of our territory, under any! circumstances; and from the past we I are inspired with a belief and confidence that she will not, under any circumstan- ces which may hereafter occur. We can anticipate only one class of events which would vest a right in the general govcrmiient to give up any such territo- -.JL. 1 n ry; and those events are such only, which from the application of external force would impair the national compact and destroy the present Union. In any other case, we deny the right of the Government of the United States to yield any portion of our territory to any other independent sovereignty, unless by the consent of the State. Although I more than forty-three years have elaps- ed since the treaty and about thirty years since the designation of the river St. Croix, and the settlement of the boundary from its mouth to its source, yet for some cause the final survey and adjustment of the line has been delayed, not, as we presume from any fault or negligence on the part of the govern- ment of the United States. The gov- ernment have always claimed the coun- try and exercised all the jurisdiction over it which its circumstances and its exigencies required. The territory to which the British Government pretend a claim may even now be considered a mere wilderness, although there may be a few straggling . settlements upon it. The circumstances of the United States, of Massachusetts and of this State have not hitherto required an appropriation of it to actual settlements. W'ild lands sit- uated nearer the sea board, or contain- ing other inducements, have been suffi- cient for the accommodation of emigrants and the natural increase of population. But it is a fact, not to be denied, that the progress of settlement is towards the teriitoryin question; and the interest of the state in the adjustment of the dis- is daily becoming more injportant. While we Tannotdoubt that the title ^ from solemn compact is in us, we cannot ;; admit the idea, that any possessory or other act of the British Government, in- consistent with the terms of that com- pact, can ever impair, much less divest, our rights of property and of sovereign- ty. W^e cannot view the acts complain- ed of by the British government, as en- croachments upon thp rights of New Brunswick or Great Britain; for they relate, and only were intended to relate, to the territory within the description of the treaty; nor can we perceive that the British government can complain of those acts, except under a misapprehen- sion of the rights of the respective par- ties. By a Resolve of the Legislature of this State, passed January twenty-sixth, eighteen hundred twenty-six, the Gov- ernor of this State was authorised and requested to take such measures as he might think expedient and effectual, to procure for the use of the State certain copies and documents, &c. mentioned in said Resolve. The Governor having done all in his power to procure the in- formation alluded to in said Resolve, but his efforts not having been successful, your Commhtee are of opinion that the interests of the State may be advanced by a renewal of the request to the gov- ernment of the United States; and have the fullest confidence that such request will be answered — And therefore report the subjoined Resolve. JOHN G. DEANE, Per Ordej. STATE OF MAINE. Resolve respecting the Northeastern boundary of the State. Resolved, That the Governor be, and he hereby is, requested to take all such measures, both in acquiring information and in procuring a speedy adjustment of the dispute, according to the treaty of 1783, as he may deem expedient and for the interest of the State. The above Resolve was read twice in the House Feb. 20th and past to be engrossed. V i 4.j*f *,\ •* *'y 4^,*4*^Mf «-«fc .^ 4 .^^^ ^i^ '-*«^ ' •* ♦'•^^ J TS^ D E P E N D E ]^ T COURIER. ^ ^ ^r r^ ^ r. TT T> T 17 r. ^^;, 4> -^ . FRIDAY, APRIL 20, 1827. NORHEASTERN BOUNDARY. f We commence, to day, the republication of certain numberB originally published in the Inde- ■ pendent Courier, at Ellsworth, under the signa- ! lure of Cato, upon the subject of our Northeast- ern Boundary. The present aspect of this subject still unsettled and under a protracted nesonalion i;ivCF to it an increased interest to the citizens of) l!]i« State. Although we cannot for a moment admit the rigM of sovceignty by a foreign gov- ernment to any portion of territory over whinh we hav*"' exercised jurisdiction, still the pnttina- rity with which Great Britain urges X,cr preten- sions to a very considerable portion of that terri- tory, nVrcarfycrertes great interest to the citizens of tliis statP. Wliatever. therefore, shall serve to fling nay light upon the subject, will be interest- ing to us whose rights are more directly 'affected. The number which we presetit to day is rath- er prefatory to a series of numbers wliicli the au- thor prnmisesthe public. After enumerating the importance of the disputed territory to this State, and the Union, he points out the mode wliich he shall pursue in his future numbers. He writes Jf, with great perspicuity, and from the specimen given of the ability with which he proposes to pursue the subject, we anricipate much satisfac- tion from a perusal of his productions.' " The subject of the Northeastern Boundary of this State nnd the United States, seems to be/'-' becoming more and more the object of enquiry, !' and is daily increasing in interest to our citi- zens. The Governor in his late message to both branches of the Legislature, called their attention distinctly to (he subject ; they have deliberated upon it, and the result of their deliberations i? before the public. At present I shall forbear any remarlfs on the Report of the Committee, which seems to have been unanimously adopted by the legislature, but on some future occa.sion may de- vote a little time to the examination of it. For the present I have to observe that it ia a subject involving a question of impoitance to the .■!tate for a variety of .considerations which must lie obvious to every reflecting mind. To the ter- ritory which seems to be in dispute between the Governments of Great Britain and the United States, the citizens of this Stale must look with solicitude until the question is definitively settled,' on account of its extent; for it embraces one- fourth at least, if not one-third, of tlie territory of the whole state, — on account of the natural fertility of its soil, for it is not excelled, in thatj respect, by any other equal portion of the state, — on account of its being the place to which the state must look for the residence of the future increase of her population, and for her future power and consequence as one of the United States. In the full and undisturbed possession of I jt, she will he great and powerful, and will take .-in high and important station : dispossessed of it, she will take qnite a subor^nate or secondary lank. The interest which the'United States have in the question, can be of no trivial nature. To her it must be important that a state with such an extent of sea-coast, and such a frontier, bound- ed by the territories of a foreign nation, as the state of Maine has, should possess great moral three and resources within herself But with all; such considerations, it will not be pretended that' the questisn ought to be settled on any other] principles than such as are sanctioned by the immutable principles of justice. i:"Ji The territory is cither embraced within the treaty of 1783, and belongs to the state of Maine, i or is excluded, and belongs to New Brunswick ; and therefore is not a question of policy or im- policy, of bargain or exchange, but is simply and furely a question of right or wrong. As such shall consider it. At future periods, when oth-! cr avocations v;ill permit, I shall notice some of | the prominent historical facts in relation tothej grants and claims of jurisdiction of botli thcj' French and British governments, — to ascertain how far any limits of territory or jurisdiction were ever defined or acknowledged by them, — to ascertain also the situation of the country af- ter the extinction of the power of Frar>ce, and! what it was at the commencement of the Araer- i ican revolution, and also in 1783, when the treaty was made. I shall not consider myself limited by the rule T have stated, bdt as the course will be desultory, other circumstances, having a rela- tion to the subject, will occasionally be noticed." " Yours, CATO." ^^■ THE FISHERIES, ■We well know the value of the Fisheries';, to the northern States and especially to this; State, which sends annually such a- quantity |; of fishing tackle and tonnage and such a vast number of hardy and enterprizing fishermen to ; the Banks and the Labrador. The British gov- ■ ernment has always been jealous o*" our enjov-(, ment of this privilege. It was vi^ith much diffi!- \ culty secured to us by the treaty of Peace in 1783, a,nQ fortunately preserved by the fidelity and skill of our negotiators in the Treaty of Ghent Our vicinity to the fishing grounds, the character of the class employed in this service and other cir- ' cumstances have undoubtedly given us great adf vantages in reff.ird to this branch of marine in-j ■dustry and commercial enterprize. These cir- ' cunistances have aroused an acrimonious temper to ward this subject on the other side of the At- lantic ; and It is complained by writers in the service of the English Government that the '-New- foundland and Labrador fisheries are almost eri- tirely engrossed by the North Americaji Republi- cans. There is an example of this in a pamphlet lately published in England against the doctrine of free trade and in favor of a close colonial pol- icy, so far as concerns the United States. It is the production of a Mr. Atkinson and appears in the shape of a letter to one of the English Minis- try. The following is a specimen of the cockney tone in which the writer indulges himself toward " Brother Jonathan." " We all of IIS know the character of brother Jonathan. Where once he gets a footing he soon expels every competitor. He has not yet quite driven us from our fisheries, but he sends annually upwards of 400 vessels to Newfoundland and Labrador, and employs 50,000 seamen in this trade ; anti although we are the resident fisher- men, we arc out-numbered and bearded on our | own shores by the Americans." ■ ; After magnifying to the view of the Ministry the amount'of vessels and number of persons em- ployed in the fisheries by the " American Repub- licans," the author of the publication undertakes to account for our success in this occupation m the following manner : How could such a vast rival trade have grown up among our own fisheries .? How did it hap- pen that\he number of men we employed, and the trad? we carried on among these very fishe- ries was comparatively so very trifling .' A very little reflection and research convinced me tliat the cause was neither remote nor obscure. Men do not grow corn which (hey cannot consume nor sell. So neither will they f:equent the freez- ing cold, and dense fogs of the banks of New- foundland to catch fish, unless they haven mar- ket where they can dispose of it. " The U. ^-.j from their older connexion with the West Indies, and from their more extensive! establishments, and a variety of facilities arising [ ■ from their looalitv, have always had the main.i supply of the articles wanted by the latter, and, i ' of course, among others, that of fish. Another ' great market for this article is Brazil ; and ot ; i this, also, the U. S. have the almost entire pos-jj session, and for this very plain reason, that notl I being fettered by cuIcniEl regulations, she can.- take in return for her caigoe3,£?ugar, and avane-i ty of other articles, which the British are obliged I to receive from the West Indies." " The citizen : of the U.S. can proceed" with his cargo " either j' to his own country or any other part of the worid; ; ' and in the latter case bartering them away for :• the productions of some other country, finally return to his own— not so the Nova Scotian. Many of the staple productions of Brazil (sugar, lor instance,) are not admissible in the British proviricesof North America. " He inay take these productions, it is true, to the ports of foreign Europe witu as much facility as his neighbour ; but then, again, if he procure a loading from these ports, he cannot return home with his cargo, because it is not admissible in his own country, except directly from Great Britain. "The United tales have then the supply of South America artd Europe, from the greater part ofwhich we (Great Britain) are excluded. It is no marvel that in such a state of things, our fisheries, ar« in a state of decay and ruin." " I think" says this Mr. Atkinson, " I have noxv! pretty well accounted for the extraordinary growth of the fisherie.^of tiie United States," and " I wish" says he.to the English Minister : " I wi.sh you, I wish the Pariiament, I wish the country to bear in mind, that fitly thousand A- merican seamen are nursed on the shores of New- founijland and Labrador ; familiar with every rock and quicksjind in that difficult navigation- impenetrable to cold — unwearied by labor^-their muscular arms strong as iron — and their weather beaten skins as hard as leather.— These fifty thou- sand seamen, scattered through the American navy, will present a fearful phalanx in the event of another war — an event neither improbable, nor in all likelihood very distant." To the Publisher of the Independent Courier. April 9th, 1827. Sir, — You have no doubt expected a more seasonable comraunication, on the subject proposed in mme of the 5th ult. My apology, is the want of leisure. As proposed, I shall now proceed to notice some of the historical facts, which have relation to the grants and claims of juris- diction, both of the French and British governments. It is a custom with navigators when ' they discover unknown land, to make a formal entry upon it, display their na- tional flag, fire a salute, and enclose and bury in a bottle a brief account of the discovery, in the name and for the ben- efit of the nation to which they belong. But such discovery does not vest the right of soil, and jurisdiction, to the ex- clusion of the right acquired by a na- tion, who become the first occupants. The discovery of America by Columbus under the Spanish flag, has never been considered by the European nations, as vesting the whole property and sovereign- ty of the continent in them — although, in addition to the discovery, Pope Alex- ander VI, granted them such rights. The different nations of Europe, have, as interest or policy has dictated, sent their colonies to different parts of Amer- ica, and have taken actual possession; And all rights acquired by such posses- sion have been respected so far as they have had physical force to maintain them. The rights acquired by possession and maintained, are the only rights which are generally acknowledged and respect- ed by the common consent of nations. It is therefore a matter of no importance in the present inquiry, who was the first discoverer of America, or who was the first discoverer of any particular portion of it; whether it was a navigator sailing under the Spanish, Portuguese, English or French flags. After the first discovery of North America by John and Sebastian Cabot in the summer of 1497, no attempt was made to settle it until 1587. The at- tempt was rnade by the British to settle a colony in North Carolina or Virginia — but it was soon abandoned. The coast, in the meantime, however, was visited and explored by the different nations of Europe; and as early as 1578, groat numbers of Spanish, Portuguese, French and English vessels were engaged in the fisheries on the coast. On the eighth of November, 1G03, Henry the fourth of France, granted Acadie, to wit: all that part of North America, which lies between the fortieth and forty-sixth degrees of North Lati- tude, to Sieur Dc Montes, a gentleman of his bed chamber; constituting him Lieutenant General thereof, and confer- ing on him also the power to subdue the inhabitants, and convert them to the christian faith. The patent was publish- ed in the maritime towns in France. Having equipped vessels for the purpose, he sailed March seventh, 1604, to take possession of, and establish a colony in Acadie. M. Poutrincourt, to gratify his curiosity, and Samuel Charaplain, as a Pilot, accompanied him. The sixth of May following, he arrived in Acadie, at a place now called Liverpool. From thence he coasted along the peninsula, doubled Cape Sable and entered the Bay of Fundy: on the eastern side of which he discovered a narrow strait, which he entered, and soon found him- self in a spacious bason, skirted by fer- tile meadows, and surrounded by hills, through which ffowed a navigable river. So delighted was Poutrincourt with the place, that he determined to take up his residence there, and for that purpose, obtained a grant of it from De Montes, and gave it the name of PortRoyal. It is now called Annapolis. De Montes pursued his course up, and round the Bay of Fundy, until he came to the mouth of a large river which he entered and navigated many leagues, and called it St. John. From thence he coasted south-westerly, until he came to an Island in the middle of a river, which Champlain had before visited. The Isl- and appearing to be a safe and conven- ient station, and the season being far ad- vanced, he resolved to establish his win- ter quarters there. He gave the name of St. Croix, to the Island, " because about two leagues above there were small streams which came cross-wise to fall within this large branch of the sea." In the spring of 1605, De Montes sailed along the coast to Pehobscot, Ken- nebec. Casco and other places as far as Cape Cod; from which he returned to St. Croix, and thence to Port Royal. In the meantime, Dupont had arrived in a ship from France with supplies of provisions, and a reinforcement of forty men. The stores which had been left at St. Croix were then removed to Port Royal, but the buildings were left stand- ing. They erected buildings at Port Royal, and De Montes, having arranged his affairs, in September, 1605, sailed for France, leaving Dupont as his Lieuten- ant, to perfect the settlement and explore the country They went on e.xploring the coast and clearing the country and extending their settlements for' several years. Two Jesuits disagreeing with the settlers at Port Royal, seceded, and with their companions established them- selves at Mount Desert, and planted gar- dens and continued there until dispos- sessed by Sir Samuel Argall in 1613 or 1614. This was the first permanent set- tlement in America, north of Florida. Yours, CATO. *>»' ORIGINAL COMMUNICATIONS. |G3t«I- -■■JI'i£I'<'R!a?-Ili (.-SfS - i?o; 3. Tj the Publisher of the Independent Courier. Apria. 16, 1827. Sir — In my last, having given a brief! account of the first permanent settlement [ I in America, north of Florida, made un- j der a grant of Henry IV. King of France \ in i603; it vvfill be the object of this, to ' give a brief history of succeeding per- \ inanent Settlements, made iindeir the au- thority of the British and French Gov- ernments. As America was more and more ex- plored, its importance becanie more ap- pajcjii to the nations of Europe. James I. of England impressed with the value, extent, and importance of America to his [.nation, and considering it impolitic, to grant the whole to one company or set of proprietoi's however respectable; he divided all that portion of America which is contained between the thirty-fourth and forty-fifth degrees of north latitude into two parts, which he named North %'^f and South Virginia. April 10, 1806 he ^J' granted South Virginia to sundry gentle- fei hien and merchants chiefly of London, ffii North Virginia, sine.?; called New-Eng- m I land, he granted to sundry knights, gen- '' tlemen, and merchants, of Bristol, Exe-, tor, Plymouth, and oth^r parts in the west of England. Those who were inte.'ested - in the northern grant, (New-England) being i dissatisfied, petitioned the King for an M enlargement of it. In 1620, the KingB constituted a council of forty noblemen, s| knights, and gentlemen, by the name and fs style of "The Council established at Plymouth, in the county of Devon, for the planting, ruling and governing New- England in America." He extended their territory from the fortieth to the forty-eighth degree of north latitude. — This patent covers all territory embrac- ed in all the grants which were after- wards made in the country called New- England. In 1607 Sir Christopher Newport sail- ed for South Virginia, and commenced a sct'jnment at Jamestown under the grant to tiie knights and gentlemen of London, &c. This settlement became permanent, and was the second one made by any European nation north of Florida. Tlie same year a permanent settlement was attempted under Capt. Popham in Nortli Virginia at the mouth of Kennebec river. Forty-live persons were left to winter there, but-Popham tbe commander, and some others died in the course of the win- ter, and from this, and other causes, the settlement was abandoned in the follow- ing season. In 1534, Cartier,.in the service of the King of France, discovered the mouth of the St. Lawrence and ascended it un- til he could see land on both sides. The next year, he returned with larger ves- sels, and better provided — and with them ascended the river as far as the Island of Orleans, where finding a convenient harbor, which he named St. Croix, he moored his vessels, and erected some works for their defence. With his boats and a part of his crew, he ascended the river to a large Indian Village called by the niitives Hochelega; after examining it and ascending a hill in the rear of it, he named the hill Montreal, which name it now retains. He returned to his ves- sels, and -wintered in the harbor of St. Croix, and in the spring returned to France. In 1540, the French having determin- ed to make a permanent settlement on the St. Lawrence, sent Cartier with sev- eral ships and men, and the necessary articles l"or the sustenance, protection and prosperity of the settlement. He as- cended 'the river a -few leagues above the harbor of St. Croix, moored a part of hi.s vessels and built a fort, and sent the residue of his vessels to France. — lie wintered there, but in the spring, iiu aiJ\ quit the place and returned to France. Roberval, one of the principals in the en- terprise of making the settlement, came with three ships and two hundred men during the summer, and took possession of the fort which Cartier had left in the spring and wintered in it,but in the spring foilojwing, abandoned the settlement. There was no other attempt made to effect a permanent settlement on the St. Lawrence until 1607, when, preparatory to such an event, Capt. Champlain, un- der the orders of De Monts, sailed up the river, until he came to a narrow place or strait above the Island of Or- leans, which he called Quebec; and there marked a place for a town. The next year, in July, he returned and com- menced a settlement; cleared away the woods, preparatory to the building of houses and cultivating the soil. This was the second permanent settlement made by the French, and the third made under patents or the patronage of any E^iropean government in America, north of Florida. Jmm Guy, with forty men, began a ^olov-jr on the Island of Newfoundland x\\ 1^10: it was recruited in 1612, but for mVny years continued in a languish- ing an! doubtful state, but was not given up. This was the second permanent settleiipnt of the English, and the fourth permajent one in America, north of I Floridl. I Aitfeugh the grants made by the ! Freneli and British governments em- bracyti a considerable portion of the .sanW territory, and settlements were ' niarfe under the grants of each, still for many years, there seems to have been a mutual acquiescence in the claims and jjossessions of each, — so far as can be infered from their mutual forbearance. The first hostile act was committed by Sir Samuel Argall, who was sent by the coloiiy of South Virginia, undo the pre- tence that the French were encroaching upon their territories, to dislodge them. At Mount Desert, he found two French priests (Jesuits) by the names of Biard and Masse, who having had a disagrce- iinent with Biencourt, who was in com- mand at Port Royal, had seceded and established themselves in that place sores years before, and made a farm, planted gardens, and were pursuing their avoca- fionp. A ship and a bark were lyitig in the harbor, but reposing in conscious security, they were not prepared to resist the attack, and became an easy prey. One of the French priests was killed in the act of leveling one of the ship's guns. Argall landed, and summoned the fort; time for a reply was requested and re- fused. The French abandoned the fort through a private passage, and escaped to the woods; but the ne.\t day returned and surrendered themselves. Sir Samuel Argall then sailed for Port ^ Royal, and captured the foi't, which he destroyed, but spared the buildings of he inhabitants. In the course of the jfoyage, he touched at the Island of St. proix, and destroyed the buildings and /orks erected by "De Monts in 1604, nd which had remained until that time, lome'ofthe French went to Canada, lad he carried some, prisoners, to Vir- ginia. In 1 6 1 4, the season following the destruction made by Argall, Poutrincourt 'returned from France to Port Royal, /and found the remnant of the colony still remaining. This act appears to have originated entirely in South Virgin- ia, and was not authorised by the British government, nor does it appear to have been resented by the French govern- ment. The act was not followed up and led to no result, but it might po bly have suggested the idea of a spe^ ic grant, as one was made of a count. y named in the gi-ant. Nova Scotia, con- taining a part of Acadie, by James I. in 1621 to Sir WiUiam Alexander. Yours, CATC. To the Publisher of the Independent Courier. May 1, 1827. Sir, — In November, 1620, a perma- nent settlement was effected at Ply- mouth, by individuals, who for conscience sake, had seceded from the Charch of England, retired to Holland, from whence they removed and sought an asy- lum in the wilds of New England. They did not come out or settle under the authority of the patentees or govern- ment of Great Britain, although they had endeavored to obtain a patent, first of the Virginia company, and secondly of the New England company. They were subsequently adopted and their lights recognised as a colony. • In 1621, a fact alluded to in a former letter, James I. of Great Britain, grant- ed to Sir William Alexander, a tract of J country, which he called Nova Scotia,' within the following boundaries, to wit: "All and singular, the lands of the Con- tinent, and the Islands in America with- in Cape SabJe, lying in 43 deg. north lat. or there abouts, thence along the coast to St. Mary's bay, and thence pass- ing Northward by a right line across the gulph or bay called Fundy to the St. Croix and the remotest western spring head of the same, whence by an imag- inary line conceived to run through the land Northward, to the next road of ships river discharging itself into the . great river of Canada, and proceeding' thence Eastward along the shores of the sea of the said river of Canada, to the road, haven, or shore commonly called j Gospick, and thence South-eastward ' [versus euronotum] to the Islands called Baccalaos or Cape Breton, leaving the!, said Islands on the right, and the gulf of • the said great river of Canada, and the lands of Newfoundland with the Islands to those lauds pertaining on the left; thence, &.C. to the place of beginning." Although Sir William Alexander fitted out an expedition for the purpose, it does not appear that he ever took possession of, or made any permanent settlement in the country; but after proceeding as far as Newfoundland, abandoned his design and returned. A British fleet in 1G28 captured Port' Royal, and in 1629 captured Quebec. By the treaty of St. Germam, in 1632, both Acadie and Canada were restored to the French. In 1627 the King of France granted to La Tour the lands in Acadie on the river St. John, extending five leagues on each side of it, and ten leagues up the river. The same year the ])eople of Plymouth began trade with : the Indians at Penobscot, and set up a trading house. In 1630 Sir William Al- exander sold all his title to Nova Scotia to La Tour. In 1632, La Tour obtain- , ed a second grant from the King of France, of the Bay and River St. Croix, with the main land extending twelve I leagues on the sea coast and twenty leagues into the main land, with all the adjacent Islands. The same year the French robbed the English trading house at Penobscot. In 1634, La Tour ob- tained several other grants of the King of France, to wit: the Isle of Sables, one at La Heve of 10 leagues on the ' sea coast and 10 leagues into the main ' land; another at Menis, and another at Port Royal, each of the same extent of Razilly was at this time commander in chief of the French, and appointed D'Aulney his Lieutenant for Acadie, west of the St. Croix, and La Tour, for Acadie, east of the same river. D'Aul- ney, in 1635, by virtue of his commis- sion, took forcible possession of Penob- scot and drove the English away. The government at Plymouth made an unsuccessful attempt to dislodge the French. Razilly did not survive long, and soon after his death, a contest for power arose between D'Aulney and La Tour, both claiming the chief command. D'Aulney resided at Penobscot, and La Tour at St. John. They made war up- on each other. In 1638 the King of France ordered D'Aulney to confine himself to the coast Elemechius, which was a part of Acadie. During the war- fare between D'Aulney and La Tour, both in their turns applied to the govern- ment of Massachusetts for assistance. No direct assistance was afforded, but ■ individuals were permitted to assist La ' Tour. In 1644 the governor of Massachu- setts made an agreement of Amity and Commerce with D'Aulney's Commis- sioner, which was subsequently ratified by both parties. The French not only claimed but #xercised jurisdiction as far west as Pemaquid. The French con- tinued an uninterrupted possession un- til 1654, when a fleet which had been sent by Oliver Cromwell, for the purpose of aiding in reducing the Dutch in New York, but on account of a long passage did not arrive in Boston until after the news of peace, turned their arms against the French in Acadie, and captured Port Royal, St. John, Penobscot, 'and some other places, though no open war exist- ed between the French and English at the time. In 1665 the Enghsh and French concluded a treatv of commerce; / iiteff' but the English interposing a claim to Acadie, the subject was referred to com- missioners: The country, in the mean time, continued in possession of the Eng- lish. In 1667, by the treaty of Breda, Acadie was retroceded to France. In 1680, or previous to that lime, Penobscot and St. John were captured by an expe- dition fitted out at Boston; but were, by orders from Great Britain, restored to the French. I have, sir, omitted some grants made by the British government, which I shall state hereafter; and shall conclude this letter by a few. general remarks. The i European nations had, for more than a century before the principal grants of both the French and English, been ac- quainted with the eastern coast of Amer- ica. Their adventurers, navigators and fishermen had examined every part of it. and published their discoveries to the^ world. We cannot suppose, that either the French, or British governments were ignorant of the latitude of the rivers, and all the prominent points on the coast. Still we see them granting and regrant- ing the same territory to different pro- prietors. We have seen that in 1606 James I. granted all the continent from 34 to 45 degrees of north lat.; and in j 1620 we have seen the grant extended; to 48 degrees of north lat. In 1621 we have also seen that James I. granted a part of the same territory to Sir William Alexander, who had no connexion with the former patentees. With such a knowledge as the government must have had of the coast, and with such descrip- tions as were contained in their former grants, they can not be supposed to have been ignorant of the fact, that when the grant was made in 1621, the same coun- try had been previously granted. It seems to me, therefore, fair to infer, that the government did not intend to confer peculiar or exclusive rights upoii the patentees to the extent of the limits of the patents, but only as far as they should occupy and improve the country. The government of Great Britain seem to have made grants as lures, or induce- ments to adventurers to settle the coun- try; placing their ultimate dependence, for their right of sovereignty and juris- diction, on actual occupation and their ability to maintain it. Although such confusion in grants was calculated to produce difficulty and collision among the different patentees, still those difficulties were of a municip- al character, effecting only individuals and their own government, and were the subjects of compromise or decision in their own tribunals. When the country was peopled, the great end of the gov- ernment was answered; and individual disputes, growing out of the manner of it, could not take from them the right of sovereignty and jurisdiction, and confer it upon any other nation. Yours, CATO. I I ORIGINAL COMMUNICATIONS. (NO. V.) To the- Publisher of the Independent Courier. May 7. Sir, — Having traced the history of New England and Nova Scotia or Aca- die to ihe treaty ot" Breda, and a short period subsequent to it, I shall devote this letter to a statement of some of the grants made before that time, and also fovitinve the history to the charter of William and Mary, in 1691, to the Prov- ince of Massachusetts Bay, in Ne-w England, and make some observation on the charter, tending to shew the e.\ ■ ! tent of country it was intended to em-t brace. ^ n In 1622, Gorges and Mason received a grant of all the country between the Menimac and Kennebec rivers, extend- ing Irom the sea, back to the Lakes and St. Lav.'rence, — which was called Laco- nia. In 1627, the council at Plymouth, sold to Sir Henry Roswell and others, all of New England, lying between three miles south of Charles river, and three miles north of Menimac river, and from the Atlantic, to the Pacific Oceans. The council at Plymouth also granted to a Bir. Bradford, for the settlers at New Plymouth, in 1629, all the territory be- tween the south line of the grant to Ros- well and others, the sea, and Rhode Isl- and and Providence Plantations. The grant of the council at Plymouth of the soil conferred no powers of government, I and for that purpose a Poyal charter was obtained March 4th, 1628, by Roswellt and others and Matthew Craddock was appointed governor. These grants cov- ered all the sea coast from Rhode Island to the mtuth of the Sagadahoc, as it was then called. During this period, how- ever, sundry grants were made within the same territories, which it will be un- necessary particularly to notice, for the purposes of the present enquiry. Sev- eral of the grants were to Mason and Gorges, and Mason. Many difficulties arose in managing the afl'airs of New England, and to a''oid, or remedy them, the council at Plymouth, surrendered their charter to the crown, and petitioned at the same 4ime, for a confirmation of all the propri- etory grants they had made to individu- als, and also for the establishment of a general government for New England. Before the surrender of the charter by the council at Plymouth, Gorges had iirrendered his gr ants to them , and in 1639, in lieu thereof, received a grant of the territory between the Piscataqua or Newichwannock, and the Sagadahock pr Knybecky rivers, extending back nto the country, in a north-westward di- rection, one hundred and twenty miles from the sea, by the nijhie and style of the Province of Maine. At this time, it was not supposed that the lakes and great river of Canada were, in a right e, at ST great a distance from the sea. The government within the Province of Maine being badly conducted, the in- habitants combined for their own securi- ty, and in 1652, put themselves under the protection of the government of the Gi.rges, (lie rjrandteon of the ovijTiaa! propnelor, on tiie restoration of Charles II. complained of Massachusetts, for an usurpation of his rights, and in 1664, commissioners were appointed by the crov.n, and sent over to this country to settle the dispute. In . 1667, Gorges sold the whole territory for Z1260 ster- ling, and received his money; and it was ever afterwards, and until the late di- vision, a part of Massachusetts. In 1684, the lirst charter, conferrino- powers of government to Massachusetts" was vacated by a suit and decree in the Court of Chancery. In 1689, the gov- ernment of Massachusetts, probably with the double object of chastising the French and Indians for their incursions and barbarities, and of recommending themselves to the British government, made some preparations for an expedi- tion against Port Royal and Quebec. In the summer of the same year. Sir "Wil- liam Phips returned, and the command of the expedition was conferred on him. The next year, he captured Port Royal, and, as he reported, took possession of the whole sea coast, from Port Royal to Penobscot, and the New England settle- ments. In tracing the history of Massachu- setts, Maine and Nova Scotia, to this period, I have omitted one grant of some importaace to be stated before the char- tei- of William and Mary. I allude to the grant of Charles II. in 1763, to his brother Jar-ies, then Duke of York, and | his heirs and assigns. The description!'' of territory in the grant, is as follows — '. " All that ,jart of the main land of Newi ; England, beginning at a certain place, fca called orknown by the name of St. Croix, next adjoining New Scotland, in Ameri- ca; and from thence extending along the sea coast, unto a certain place call- >:^ ed Pemaquee or Pemaquid, and so up 'x^ the river thereof to the furthest head of' p North-ca: t Sagadahoc tward along and lip //it the sea coast to rivrr thereof to i ri the same, as it tendeth northward; and j;| the territory originally extending from thence to the river Kim- |J bequin, and so upwards, by the shortest [V course, to the river of Canada, north- ward." The river Kimbequin must be either the present Kennebec or Androscoggin. From an examination of the phraseolo- gy of the grant, connected with the his- tory of the country at that period, there is good cause to suppose, that it meant the Androscoggin. The part to which I allude, does not say Pemaquid point, but " a certain place called Pemaquid"; ev- idently not meaning a single point, but a considerable tract of territory. " And so up the river thereof, as it tenoeth northward." At this period none ot the small rivers or streams in the neighbor- hood of Pemaquid, had been so far ex- plored and the account thereot publisii- cd, or v.'ere thJy uf sufficient mag) itude to become on object in the description in the j^raiit, and further, the Sagadahoc was a grtat river in that neighborhood, and, probably intended by the river off Pemaquid. There can be no doubt, that it was the intention of the crown, to convey all the lands not before that time granted, between the St. Croix, and the Province of Blaine, granted to Gorges in 1639, and the rivei and gulf of St. Lawrence. By a recurrence to the grant to Gorges, it will be found to be limited at the east- Knybcchy rivej-, and through the samel to the head thereof, and unto the land' north-westward, until one hundred and twenty miles be ended, being accounted from the mouth of Sagadahoc." The Kimbeqidn, in ihe Duke of York's grant, and the Knybecky, in Gorges grant, are probably the same rivers. The Kn}'- becky seems from the phraseology " and up the river thereof to Sagadahoc," to be a branch of the Sagadahoc or a river discharging itself into it. The Andros- coggin is the only river that answers the description or was of sufficient magnitude to be noticed in such a grant. Upon the succession of James, Duke of York, to the throne of Great Britrin, the grant aforesaid to him, merged in the crown. I have thus, omitting many minor grants within the same limits, many of which seem not to have been regarded by the grantees, or giantors, traced the grants, such as they were, covering all the terri- tory embraced within the charter of Wil- liam and Mary, of Massachusetts bay, in New England. The charter of William and Mary, dated Oct. 7th, 1691, erects, unites and incorporates, "the territories and colo- nies commonly called or known by the ,,name of Massachusetts bay and colony of ^cw Plymouth, the province of Maine, the territory called Acadie or Nova Sco- tia, and all that tract of laud lying be- tween the said territories of Nova S cotia and the said province of Maine, into one real province, by the name of the prov- ince of Massachusetts bay, in New Eng- land." After a description of the terri- tories of Massachusetts bay and New Plymouth, according to the grants to Roswell and others, and to Badford, fol- lows a description of the province of Maine; probably intending to describe granted to Gor- ges, by the same name. " All that parti or portion of main land, beginning at the I entrance into Piscataqua harbor, and sol to pass up through the same into the riv- er Newichwannock, and through the I same into the furthest head thereof, andl from thence north-westward, till one hun-l dred and twenty miles be finished; andl from Piscataqua harbor mouth aforesaid,! north-eastward, along the sea coast to I Sagadahoc, and from the period of one! hundred and'twenty miles aforesaid, to cross over land, to the one hundred and twenty miles, before reckoned, up into the land from Piscataqua harbor, through I the Newichwannock river." In this de- 1 scription, there is evidently an omission! after the word Sagadahoc, for there is I nothing for the word aforesaid, following | one hundred and twenty miles, to refer | to. The omission in this part of the de- I scription, no doubt, is the following, con^ f taineu in the grant to Gorges; " to Sag- i adahoc and up the river thereof to Kny-I becky river and through the same to the I I head thereof, and into the land north- ^ westward, until one hundred and twenty I T miles be ended, being accounted from' :he mouth of Sagadahoc." Ithough there is this difference in the descriptions in the charter of ^\illiam and Mary and iu the grant to Gorges, they do not necessarily define different territories. The use of the terms, prov- ince of Maine, and said province of Maine, necessarily implies a territory of certain delinite limits, which was well known to have existence before that lime. It is not mentioned as a new, but recognised as an old territory. Then it cannot be supposed that it was the in- tention to limit the province of Blaine to a mere point at the eastward, leaving a large extent of territory approaching the sea at a single point, and widening, as it was distant from it. " And from the pe- riod of one hundred and twenty miles aforesaid," must mean something more than a mere point; it clearly, from the words which follow, was designed to es-j. tablish a corner from which the line " to crossover land, to tbs one hundred and twenty miles, before reckoned, up into the land from Piscataqua harbor," was to commence; and that the point was one hundred and twenty miles from the >■ mouth of the Sagadahoc. The eastern frontier must then be one hundred and twenty miles in extent, — measuring from the mouth of Sagadahoc, back into the land. The course of the line to the north- ern or nortli-western corner is not given ; but that seems capable of an easy and natural solution. The courses of all the lines seem to have been suggested by the general course of the coast and^ the rivers; and it further seems to have|: been dcsigiied to describe a territory, p the opposite lines of which should be '' generally parallel: hence from the head p o; the jN'ewichwannock, the line is north- vj westward; and the line, forming the in- land boundary, starts at a point, one hun- dred and twenty miles from the sea, and ends at the terminatior of another line at the distance of one hund»ed and twen- ty miles also from the sea, and must therefore be parallel to the general line of the coast. It must theretbre neces- sarily follow that the course of the east- ern line is north-westward; which will be the same line that is described in the grant to Gorges. This construction is further supported by the use of the words, province of Maine; designating a territory as constituting an integral part of the new government, as much so ' as the colonies of Massachusetts bay and New Plymouth, or JSova Scotia. And also by other parts of the same charter; " and all those lands and hereditaments: lying and extending between the country or territory of Nova Scotia, and the riv- er of Sagadahoc, or any pQ,rt thereof.'''' If the description had terminated with the word Sagadahoc, then it might have been sau' that the main river, and that alone, constituted the boundary: but the words following, or any part thereof, were undoubtedly designed to extend the boundary to all the waters flowing into the main river, as each tributary stream constitutes a part of it. It seems, fur- ther, (roln all the descriptions of lines connected with rivers in the eastern pait of the nev," government, to have been designed to embrace them from their mouths to their extremest sources, and even to extend the lines further inland. ¥{ te' m IS before sialcd, there is no nver" fhich answers the description of Kny- feecky river, in the grant to Gorges, ex- |ept the Androscoggin; and that river, leretore, must have constituted the sastern boundary of the province of "laine. The same province, according j,, Ito those limits, being intended, as far as j' "; lean be infered from the charter itself; I ;. laud the river, being a branch of the Sag- , |adahoc; and the general course of it be- *£ ing north-westerly, it must be considered as the eastern boundary of the province of Maine, described in the charter; at least, for the distance of one hundred and twenty miles from the sea. After the description of the province of Maine, in the charter, follows — " and also the lands and hereditaments lying and being in the country or territory ;;« commonly called A cadie or Nova Scotia, and all those lands and hereditaments lying and extending between the said country of Nova Scotia and the river ot Sagadahoc or any part thereof." This } territory is undetined in the charter, ex- j cept so far as its limits are to be collect- ■ ed from the names used. Acadie is the name given by the French to the coun- try, and they had claimed and exercised jurisdiction, for many years, over the whole extent of it, from the river and gulf of St. Lawrence thence on the sea coast to Pemaquid or Sagadahoc, except when intercepted for short periods by the military and naval forces of Great Brit- ain and her provinces. We have already seen this country twice restored by trea- ties; once by the treaty of St. Germain, and again by the treaty of Breda. Nova Scotia is the name given tp the eastern part ot the country, iu the grant to Sir William Alexander; but the Brit- ish had never, before this time, had any thing more than a temporary or military possession of it, of which they were dis- possessed by the French, or yielded by the treaties which terminated their wars. The western boundary of the territory, :• therelbre, being indefinite, and intend- ing, no doubt, unde* the description, to annex the whole territory bounded by the province of Maine, the sea, the gulf and river St. Lawrence and line drawn from thence to the northern extremity of the province of Maine, to the new gov- ernment of Massachusetts; and lest un- der the general descriptive names of Acadie or Nova Scotia, the whole terri- tory should not be embraced, a Juither and more general clause is introduced; "and all those lands and hereditaments lying and extending between the said country of Nova Scotia and the river oi Sagadahoc, or any part thereof." This construction, as to the extent to which [ jurisdiction was intended to be given, de- | rives some force from another clause in the charter: the main design of which is a limitation or lestrictioK on the power of making grants — " and it is our will and pleasure, that no grant or grants of lands lying or extending from the river of Sagadahoc to the gulf of St. Law- rence and Canada rivers, and to the main sea northward and eastward, to be made or passed by the governor or gen- eral assembly of our said province, be of any force or effect, until we, our heirs or successors, shall have signified our or their annrobation of the same." P When the state of the country at this|5 period, is considered, populated as it was, with only a few inhabitants, settled at favorable points on the the sea-board, or on some of the large rivers, and the residue a mere wilderness, scarcely e.K- plored by civilized man, and that the British were constantly endeavoring to extend their jurisdiction, and to exclude the French, both by their grants, and their arms, it is reasonable to suppose that it was their intention, in incorpo- rating the one real province of Massa- chusetts bay, in New-England, to ex- tend it so far as to embrace all the coun- try and the rivers from their mouths to their sources, between the Piscataqua river, and the river and gulf of St. Law- rence. There were no circumstances existing at the time of the charter, which can render a strict construction of the boundary necessary, but so far from it they seem to require the application of liberal principles as they tend equally to promote the views and the interests of all parties concerned. I will now, sir, give a short and connected description of the eastern part of the Province of Massachusetts bay, in New-England, by uniting the Prov- ince of Maine, Acadie or Nova Scotia, and the intervening country, according to the charter of William and Blary, in one general territory, according to the^ principles of construction, which I have adopted. — Beginning at the mouth of Piscataqua harbor, thence up the same, and Piscataqua river (Newichwanock) to the head thereof — thejice nonh-west- jward, until one hundred and twenty miles from Piscataqua harbor be finish- ed; and let it be remarked that the only sensible meaning of north-westward is north-west; for if that point is departed from, there is as much reason in say- ing it means north 88 degrees west, as there is in saying, it means north 2 de- grees west, or any other number of de- grees. Thence from the termination ol the line running from the head of Pis- cataqua river, as aforesaid, to the head of Adroscoggin river, thence to the riv- er St. Lawrence at a point above the Isl- and of Orleans — thence by the river and gulf of St. Lawrence — and the sea, round to Piscataqua harbor, afore- i said, with all the Islands on the sea coast except a part of the Isle of Shoals. Upon examination it will be found, that the territory of the state of Maine is embraced within the territory above de-. scribed and limited only by the princi- ples and description contained in thetrea- I ty of 178.3. I am aware^, that I have ' trespassed on the limits which I had j prescribed to myself, but have done it with a view of closing the historical part of the discussion as soon as possible, I which I hope to finish in two more let- Iters. Yours, CATO. I ..._ . ^.M.fii^A«dM - m ^ TO CATO. May 15, 1827. Sir, — In youra of the 7th inst. de- scribing the province of MassacTiusetts bay, in New England, under the charter of Williano and Mary, it appears that the province of Maine extended over a large portion of territory now claimed by New Hampshire. Your ultimate ob- ject appearing to be a consideration of the facts as they have relation to the north-eastern boundary of the state of Maine, it is presumed your attention will not be diverted from that object, for the purpose of considering the facts particu- larly, which have relation to the bounda- ry line between the states of Mains and New Hampshire ; — I shall therelbre take the liberty of addressing to you, for your consideration, a tew remarks on that subject. The council at Plymouth, in 1621, (granted to Mason all the land from the ftiver Naumkeag round Cape Ann to Merrimao river, which district was call- ed Manana; and in lei-J made another grant to Gorges, and Mason of all the country between Merrimac and Sagada- hoc rivers, which district was called La- couia. Nov. 7, 1629, Mason procured another grant of a part of the same ter- ritory which had been granted to Gorges [and Mason, for what purpose does not appear; but it must be considered ihat his prior rights, by his acceptance oi the jnew grant, were merged in it. There '.seems to have been an acquiescence on 'the part of Gorges, and afterwards by '.his surrender of his grant to uie council at Plymouth and by his acceptance,oi' a grant from the crown in 16.39, of the district of Blaine, bounded by the line of the last grant to Mason, a total relin- quishment of his title. The last graa to Mason was of a tract of territory call ed New Hampshire, " bounded from the middle of Piscataqua river and up the \^t^A: same to the I'arthest head thereof, and 'JmI from thence north-westward until sixty miles from the mouth of the harbor were finished, &.c." This boundary line cor- responds precisely in its course from the mouth oi' Piscataqua harbor to its ter- mination with the boundaiy line in the grant of the province of Maine to Gor- ges: The only ditierence is the length of line; the line of the province of Maine on that course being one hundred and twenty miles It has been supposed that Mason pro- cured a confirmation of his title, with powers of government from the crown, after the council at Plymouth surrender- ed their charter, in 1635, but the evi- dence of the fact is incomplete. It is however certain that the fee was con- firmed to his grandson. May 17, 1675. New Hampshire was made a Royal prov- ince in 1667, and separated from the ju- risdiction of Massachusetts; and in 1669 a commission passed the great seal, Sept. 18th, for the government of New Hamp- shire over a territory extending from three miles north of Merrimac river, &c. to the province of Maine. The eastern boundary of New Hampshire theretore remained unaltered as the line establish- ed in the previous grant to Gorges in 1 639 of the province of Maine is recog- You seein to have considered the i course from the Head of Piscataqua alias ] Newichwannock alias Salmon Falls riv- er, indicated by the wcjrd uorih-^L'esiicard, to be north-west. Upon reflection and examination that must be the true con- structiop, or the course must be wholly conjectural and uncertain. Kings how- ever, in ibose days, were in the habit ot exercising their power, for some cause or other, in an arbitrary manner. You have, by the way of noticing the inter- ference of the differfent grants of the crown with each other, already noticed the grant to the council at Plymouth from the fortieth to the furty-eighth de- gree of north latitude, and the grant to Sir William Alexander. The latter of which being a direct infringement on the rights conferred by the iirst. Permit me to call your attention to other grants of the crown producing similar results. The second charter to Virginia, dated twenty-second of May, 1609, embraced all the territory extending 200 milet north and 200 miles south of Point Comfort, and " up into the land throughout from sea to sea, west and north-west, &c." The grant to the council at Plymouth was an infringement on this grant, so were also the grants to Lord Baltimore of Maryland, the grant to Connecticut, and the grant to William Penn, and ma.ny of the last mentioned grants inter- fered with each other, — which time will not permit me particularly to notice, but which can be easily seen by a recurrence to the grants and the maps of the coun- try. There were also similar infringe- ments in other grants, in the charter to North Carolina and also in the charter , to Georgia. If only a few instances had occurred, and they had not been important, theYJj-; might have been excused on the groun.'i t that they arose from the imperfect knowl- edge which the crown possessed of the" geography of the country at the time; but when it is considered that it must have appeared from the grants them- selves, more especially when they em- brace territories within the same lati- tude, and the same boundaries, the ex- cuse altogether fails, and such a course must be accounted for on different prin- ciples. You seem to consider the grant- ing power exercised by the crown, ex- ercised for the purpose of inducing ad- venturers to come and settle the coun- try, and not as conferring exclusive pow- ers and privileges beyond actual occupa- tion. I am inclined to the same opinion; because first, the crown never treated such grants as having a permanent char- acter, but revoked, altered or modified them at its pleasure. And second, be- cause the French had acquired a per- manent foot hold by having preceded them in making a permanent settlement, and they saw if they could not induce their own subjects to come and settle the country, the whole country must be- come a province of France; hence it became an object with them to limit the power of the French in the new world; and they resorted to every inducement and measure of policy to establish a power and force sufficient to dispossess the French. Although the crown treat- ed t'leir grants to their own subjects as 1 nullities, still they had their effect in iTUe French had no concern with the municipal concerns of the British, they were the subject of adjustment aniong [themselves when they pleased to adjust ,l,em: it was sufficient for the nation *hat they accomplished the national ob- ■''''I'have been digressing, sir, from my main object, to which I will return. 1 The crown, it is said, (frem such an ai- 'bitra.- exercise of power as I have de- .-inbed) in 1740, determined that the \ "dividing line betweenjhe provinces ot Maine and New Hampshire was to run ' north two degrees west." I say such an arbitrary exercise of power because long before this time the fee had been vested by grant in Gorges and by a reg- ular title in Massachusetts bay, and had j been recognised and confirmed by the crown with powers of government. In 1741, New Hampshire began to survey the line from the head of Piscat- aqua river, and the surveyor was direct- ed to allow ten degrees for the westerly variation of the needle. It has been supposed, the westerly variation did not, at that time and place, exceed eight de- grees, and at any rate was less than ten The line was not finished, and in 1768 the survey was renewed, and run with the same 'allowance for variation; and in 1789 the survey, continuing the same course by compass, was completed. During the whole period, however, from 1741 to 1789, the westerly variation of the needle had been constantly decreas- ing; which in each renewed or continu- ed survev, inclined or curved the line more and more to the right or east, and of course on to the province of Maine. I am aware Dr. Belknap, in his history ■ of New Hampshire, from the same prem- | ises, has come to an opposite conclusion. ' He supposes ten degrees were too great an allowance for the westerly variation of the needle— and that by allowmg too much, and the variation being westerly, the line was run too much on to ^ew Hampshire; but had the variation been easterly the conclusion would have been correct. To run a line north two de- grees west, allowing ten degrees for the westerly variation, the course by the noecile is north eight degrees east. And to run the same line, allowing eight de- o-rees for the westerly variation, the course by the needle is north eight de- giees east. The course run is said to be north eight degrees east by the nee- 'dle, and that the westerly variation was constantly decreasing; we will suppose between the first and second survey the variation had decreased half a degree, and that the decrease was the same be- tween the second and third surveys; then to have run a right line, the farst course being north eight degrees eas I by the needle, the second surveyor ought to have run north seven and a half de- crees cast, and the third surveyor, north seven degrees east; but not doing that, the line has a curvature or inchnatioa to the right or east. The case is so plain and obvious to my mind that I should have deemed the foregoing remarks en- tirely useless had not Dr. Belknap com- mitted the error— and that what he has «aid, being in general very correct, may be taken as an authority by many. rHOJI THE INDEPENDENT (EllsWOltk) COUEIEK. NORT'l EASTERN BOUNDARY. Third Letter. Sir.— Ill my lust, liavin? oivena brief accoun; of the first permanent settlement in Aiiieviea north of Florida, made under a grant of Henry ,.iV. Ivins of France in 1603; it will be the ob- ject ot this, to -five a brief history of succeeding permanent settlements, made under the authovi" ty of the Biilislrand French Governments. As America was more and more e.\|j|ored, its importance bernme more apparent lo the nations of prope. James I. of England impressed with the value, extent, and importance of \nier- ica to his nation, and considering -l impolitic to ■grant the whole to one company or set of propri- l.etors, however respectable ; he .jivided all that fSrtion of America which is contained between the thirty-fourth and forty fifth degrees of north latitude, ^nlo two parts, which he named North' %nd South Virginia. April 10, 1608, he granted ' South Virginia to sundry gentlemen and mer f Hchiiiits, chiefly of London. North Virginia, since A called New England, he granted to sundry*'' (knighfs, gentlemen and merchants of Bristol I Exeter, Plymouth, and other parts in the west ot England, Those who were interested in the northern grant (New-England) being diss.aiislied, petition ed to the King for aa enlargement of it. In 1620, the King constituted a council of forty noblemen^ kniglils and gentlemen, by the name and style' I of " The Council established at Plymouth, in the' county of Devon, for the planting, ruling and Igoverning New-England in America." He ex- j tended their territory from the fortieth So the! Iforty-eighlh degree of north latitude. This patent | covers all lerrtory embraced in all the grants which were afterwards made in the country I called New-England ^ in 1607, Sir Cliristopher Newport sailed forji South Virginia, and commenced a settlement at Jamestown under the grant to the knights and gentlemen oi London/&c, This settlement be- came permanent and was the second one DQadel| jby an European nation north of Elorida. The|| ■ ils.imc vrar a permanent setllement was attenTpt-| ed under Capt. Popham in North Viminia, at the j month of Kennebec River. Forty five persons! were loft !o winter ihere, but Pnpham the com- jinander, and some others died in the course ofll the winter, and from this and other causes, the |[ settlement was about dead in the following sea- Tal.')34, Cortier, in the service of the King of] France, discovered the mouth of the" St, Law- rence and ascended it until he could see ISnd on both sides. The next year he returned with laiger vessels, and better provided -and with[. ihem ascended the river as far as the island of i,: Orleans, where finding a convenient harbour,! which he named St. Croix, ho moored his ves-l iiels. and erei'ted some works for the^r defence. With his boats and a part of his crew, he as- J cended the rivorto alar£e Indian Village called; by the natives Hochelega, after examining it and .ascending a hill Montreal which name it now jretains. He returned to his vessels, and winter- d - in the harbour of St. Croix, and in the sprins returned to France. In 1607, the French having determined to make a permanent settlement on the St. Law- rence, sent Cortier with several ships and men, and the necessary articles for sustenance, pro- tection and prosperity of the settlement. He ascended the river a few leagues above the har-i bor ot St Croixjinoored a part of his vessels and built a fort, and sent the residue of his vessels to France He wintered there, but in the spring, quit the place and returned to France, Rober-' val, one of the principals in the enterprise of making the settlement, came with three ships and two hundred men, during the summer, and j took possession of the Fort which Cortier had left in the sluing, and wintered in it, but in the Isprins foMowinc, abandoned the seulement. | _'here was nn oiher attempt made to effect a| permanent settlement nn ihe St. Lawrence until, U'07, when preparatory to such an event, Capt. Champlain, under the orders of De Monies, sailed up the riier, until he carpe to a narrow place or strait above the Island ot Orleans, which he called Quebec, and there marked a place for a town. The next year in July, he returned and commenced a settlement; (;leared away liio woods, preparatory to the building of houses and cultivating the soil. This was the second permanent settlement made by the French, and Ilio third made und^r patents or the patronage of any European Governments, in Amcr.ca, north of Florida. John Guy, wilh forty nietij bi?g;iin a colony on the Island of Newfoundland in 1610 ; it was re- cruited in 1613, but fur many years continued in lalangnishingan^ doubtful slate, but was ii.jt given up. i'liis was the second permanent set- tleminit of the English, and the fourth permanent one in America, north of Florida, Although the grants madfe by the French and British Guvornrnents embraced a considerable portion of the same territory, and settlements were made under the grants of each, still for many years, there seems to have been a mutual acquiescence in the claims and possessions of e:ich — so far as can be inferred from their mutu- al tarbearance. The first hostile act was coin- tnitted by Sir Samuel Argall, who was sent by the colony of South Virginia, under the pretence that the French were encroaching upon their ter- ritories, to dislodge thein. At Mount Desert he | found two Flench priests (.lesuits) by the names , of Bicard and Masse, who having had a disagree- 'i raent, with Bienconrt, who was in command at'' Port Royal, had seceded and established them- , selves in that place some years before, and made a firm, planted gardens and w.to pursuing heir i avocijtions. A ship and a bark were lying in , the harbor, but reposing in conscious security,! they were not prepared to resist the attack, and ' became an easy prey. One of the French priests was killed in Ilie act of leveling one of the ship's guns. Argall landed, and summnned the fort;' time for a reply was requested and lefusod. The French abandoned the f ot through a private passage, and escaped to the woods; but the next day returned and surrendered themselves. Sir Samuel Argall then sailed f"r Port Royal, and captured the fort, which he destroyed, but spared the buildings of the inhfibitants. In tijo coarse of the vnyage, he touched at the Island ofj St. Croix, and destroyed the buildings and works erected by De Mimtesin 1604, and which had remained until that time. Siome of the Frcnc h went to Canada, c he carried sonie prisoners to Virginia. In 1614, the season fiillowing the de- ,slruction made by Argall, Poutrincourt returned j fiom France to Port Royal, i^nd found therein-' n:int of the colony still reiilaining. This act appears to have originated entirely in South 1 \'irginia- and was not authorized by the British ';o\ernmeiit nor does it appear to have been j risentcd liy the French Government. The act was not followed "ip, and led to no resiillj but it iiiig t possibly have suggested the idea of a soocific grant, as one was made of a country na- ioed in tbe grant. Nova Scotia, containing a part, ol'Acadie, by James I. in 1021, to Sir William Alexander. Yours. CATO. FROM THE INDEPENDENT (EUswOrth) COUPIER.,' NORTH EASTERN BOUNDARY. i Fourth Letter. i Sir,— In November, 1C90, a permanent settle-! raeiit was effected at Plymoutl), by individuals,;; :wlio foi consfience sake, had seceded from the!; ; Church of England, retired to Holland, from! whence they removed and sought an asylum in I llie wilds of New Enghmd. they did not come ' out or settle underthe authority of the patentee: oriovernmen: of jreat Britain, although they had endeavoured to obtain a patent, first of the |Xir?inia company, and secondly of the New I England company. Tliey were subsequently j adopted and their rights reco.^nised as a colony. j In 1621, a fact alluded to in a former letter, IJames I. of Great Britain, granted to Sir William ...v, j Alexander, a tract of country, wh^ch he called « I Nova Scotia, within the following boundaries, tof'i vyit : " All and singular, the lands of the Con-ji? I linent, and the Islands in America within CapeG Sable, lying in 43 deg, north lat. or there abouts,!* thence along the coast of St. Mary's bay, andl| thence passing Northward by a right line across* the gulph or bay called Fundy to the St. Croix"" and the remotest western spring head of the same, whence by an imaginary line conceived to run through the land Northward, to the next road of ships river discharging itself into the great river of Canada, and proceeding thence Lastward along the shores ofthe sea of the said river of Canada, to the road, haven, or shore! commonly called Gospick, and thence South- 1 eastward [versus euronotum] to the Islands call-| ed Baccalaos or Cape Breton, leaving the saidi Islands on the right, and the gulf of the saidj' great river of Canada, and the lands of New-' loundland with the Islands to those lands per- taining on the left ; thence, &c. to the place of! beginning." Although Sir William Alexander' ntted out an expedition for the purpose, 't does not appear that he ever took possession of, or made ally permanent settlement in the country; but after proceeding as far as Newfoundland, a- bandoned his design and returned. A British fleet in 1628 captured Pott Royal, and in J629 captured Quebec. By the treaty of St. Germain, in 1632, both Acadie and Canada were restored to the French. In 1627 the King of France granted to La Tour the lands in Aca- die on the river St. John, extending five leagues on each side of it, and ten leagues up the river. The same year the people of Plymouth began trade with the Indians at Penobscot, and set up a trading house. In 1630 'ir William Alexander sold all his title to Nova Scotia to La Tour. In 1G32, La Tour obtained a second grant from the King of Fran ce, of the Bay and River St. Croix, with the main land extending twelve leagues on the sea coast. and twenty leagues into the main land, with all the adjacent Islands. The same year the French robbed the Endish trading house at Penobscot. In 1634, La Tour obtained sever- al other grants ofthe King of France, to wit : || the Isle of Sabhes, one at La Heve of 10 leagues ' on the sea coast and 10 leagues into the main .and ; another it Menis, and another at Port Roy . al,p.ach of the same extent of sea coast and main land, with all the adjacent Islands. Razilly was at this time commander in chief ,. of the French,' aid appointed D'Aulney his^ Lieutenant for Acadie, west ofthe St Croix, and La Tour, foi Acadie, east of the same river.— O Aulney, in 16.35, by virtue of his commission, took forcible possession of Penobscot and drove the- English away. The government at Ply- mouth made an unsuccessful attempt to dislodge the French. Razilly did not survive long, and soon after his death, a content foi* power "arose between D'Aulney and La Tour, i»otii claiming the chief command. D'Aulney resided at Pe- nobscot, and La Tour at St. John. They made war upon each other. In 1638 the King of France ordered D'Aulney to confine himself to the coast Eli^mechius, which was a part of Aca- die. During the warfare between D'Aulney and La Tour, both in their turns applied to the gov- ernment of Mas.sachusetts for assistance. No direct assLstance was afforded, but individuals mitted to as ' In lh44 the governor of Massachusetts made a^i a.greemem of Amity and 'Commerce with i;,: ,, *"> ^P°«"»'ss'oner, which was subse- quently ratified by both parties. The French not onlv^laimed but exercised jurisdiction as far westas Pemaquid. The French continued an w^ ; 1 r*? f P°«^=<=5sion until 16.54, when a fleet which had been sent by Oliver Cromwell, for the propose of aiding in reducing the Dutch in Nevv -^ork, but on account nf a long passage did m1 T.r !" '^°''"" ""'" ^"^ 'he nevvs of paace, turned their arms against the French in Acadie, and captured Port Royal, St. John. Penobscot and some other places, though no open war exist- ed between the French and'English at the time. tre-„v f English and French concluded a reaty of commerce; but the English interpos- ng d claim to Acadie, the subject was referred .commissioners: The countrv, in the mean 667 r",?"*"^ '" P°^««S-'^ioBof the English. In ce^elt^'^''"'^"^,"'^'^''"''^' Acadie was retro-' ceded to France. In 1680, or previous to that time, Penob.scot and St. John were captured by or^leff'^'^V^""^ o„t at Boston; but were, fay French ■"'■" "'"'"' '"^'"""^ '° *>>« I have, sir, omitted some grants made by the Tn 7 ^r'""?'?'' '^^'"^ I^hall state hereafter; itlT /lie European nations had, for more t ana century before the principal grants of both he French and English, been acquainted with the eastern coast of America. Their adven- turers, navigators and fishermen had examined ilV^ '^'''M "i,","'' published their dikWeries to the world. We cannot suppose, that either the French, or British governments were ignorant ofthe latitude of the rivers, and all the promi- nent points on the coast. Still wo see them granting and legranting the same territory to dif- ferent proprietors. We have seen that in 1606 James I. granted all the continent from 34 to 45 degrees of north lat. ; and in 1620 we have seen the grant extended to 48 degrees of norft lat In I vve have also seen that .lames t. granted a of the same territory to Sir William Ale.x- ..^. anrter, who had no connexion with the former ■t patentees. With such a knowledge as the gov- ernment must have had of the coast, and with sucli descriptions as were contained \i, their for- mer grants, they can not be supposed to have been Ignorant of the fact, that when the grant wasmadeinl621, the same country had 'been previously granted. It seems to me, therefore, fairto infer, that the government did not intend to confer peculiar or exclusive rights upon the patentees to the extent of (he limits of the pa tents, but only as far as they should occupy and improve the country. The government of Great , Britain seem to have made grants as lures, or in- ducements to adventurers to settle the .country ■ placing their ultimate dependence, for their ri4t 1ofsoverei,£;nty and jurisdiction, on actual oocupa- ijtion and their ability to maintain it. I Although such confusion in grants was calcula- I ted to produce difficulty and collision among the 'different patentees, still those difficulties were of la municipal character, effecting only individuals land their own government, and were the subjects of compramise or decision in their own tribunals ! When the country was peopled, the sreat end of llhe government was answa-ed ; and individual disputes, growing out of the manner of it, could not take from them the right of sovereignty and junsdiction, and confer it upon any other nation' 1 ^o"'^=. CATC. New Bnu!ts-\vrcK. — J'lie Council and House o*" Assembly of tlie pi-ovince of New Bruns- wick, have agreed to a joint address to the kinjj, complaining' bitterly of the attempts made by the governments cf Massachusetts and Maine, to disturb the possession of his majesty, and the jurisdiction of the province in the tract of country on the St. John, and Madawaska riv- ers. The address represents that the inhabitants of the tract of territory in question are mostly j'rench Acadians and their descendants, the first of whom removed there from the lower parts of the country soon after the treaty of 1733, in the full faith that they were planting' j themselves on British territory ; that militia companies were organized there under the Gov- || crnment of the Province, in 1786 ; that the || process of the Courts of the Province has uni- I formly run there ; that the inhabitants have i; voted in the elections of the province ; and !| that the jurisdiction of the Province has been • in all respects exercised over the territory with- r out any disturbance, up to the period of the treaty of Ghent in 1814, and till the encroach- ments by agent's of Maine and Massachusetts, i afterwards specified, in 1820, 1821, and 1825. This tract of territory is included in the claim made by both governments before the Com- mission appointed under the Ghent Treaty to determine the boundary ; and the address rep- resents that if the British claim is confirmed the territory in question tloes not de jure from a part of Maine, and de facto it is not and nev- er has been in the possession or under the ju- risdiction of Maine or Massachusetts. The Legislature in their address maintain, that the possession and actual exercise of ju- risdiction, which existed at the time of making the treaty of Ghent, the instrument which pro- vides for a decision of any conflicting claiais between the two nations m that quarter, should have remained sacred and inviolate until the decision was made. They say that the govern- ment of the province has done no more than to exercise the ordinary powers of sovereign- ty and jurisdiction, to which it succeeded on tiie first erection of the province in 1784 In the exercise of these powers, the licenses to cut pine timber so much complained of by Maine and Massachusetts, had b«en granted ; but on complaint being made of the granting of these licenses, the British government, from a spirit of conciliation, had directed the gov- ernment of the province to abstain from the granting of licenses to cut timber on the terri- tory claimed by the U. States. They say that from the disposition thus evinced, by the gov- ernment of Great Britain, to remove causes of collision, they feel imperatively called on to represent the doings of the agents of Maine and Massachusetts of late years within the ter- ritory in question. They then proceed to re- late the measures pursued by the agents of Massachusetts and Maine, with some strong coloring, and to protest against the exchange of territory, suggested by the agents in their report. They express tlje hope that the Brit- ish government will maintain the principle in relation to the boundary, which will leave with- in the territories of the respective powers, the whole course of thoscrivers, quite up to their sources, which have their mouths within the same territories. — Bos. D. Mv. \ cle of the provisional articles of peace and the first article of the treaty, to wit, the enumeration of the different states, composing the new and independent sovereignty ot the United States — it would be clear that the exterior lines of] those states, such as the/ were by the grants and charters of his Biitannic Maj- esty, would have formed the boundary of the new government. And however indefinite or uncertain they might have been west of the province of Massachu- setts bay, that province, as we have shewn in former letters, contained all the territory for which we now contend — because as it contained, as we have a- bundantly shewn by a reference to proc- laraations, commissions and maps, all I that territory at the commencement ol the revolution, at the time of the ack- nowledgment of the, independence of the United States, and the concluding of the treaty) The treaty does not conclude with the aforesaid enumeration of States, but con- tinues a descriptioti of the exterior boundaries of the whole, as constituting one great independent sovereignty, in iantruage which shews that it had been a subject of great research, examination and reflection. — The ministers no doubt carefully and critically examined all the documents and maps which would tend to give them a knowledge of the country, and the subject of their negociation; for they had, as one of the ministers has said, many maps before them, but mark- ed the boundary on Mitchell's map, and drew the line on the first large river west of the river St. John, as the St. Croix of Ifie treaty : that being the only river d St Croix on that part of the map That river from its position and place where it discharges itself as it ap- pears on Mitchell's map is evidently the river now called the Maguadavic. That river as is represented on the a- foresaid map discharges itself into apart of the bay of Fundy, which bears no oth- er distinctive name, a little eastward ol the large island called Deer Island. The bay called Passamacadie from which the present name of Passamaquoddy is de- I rived, is a little bay or more properly the mouth of the river of the same name, which discharges itself into the great bay of Fundy, to the north of Deer Isl- and, and through that part of it, into which the St. Croix of the treaty flows. The Passamacadie on Mitchell's map is no doubt the river, which has since been decided to be the St. Croix. By an examination of the map, the lan- guage of the ministers, appears to be plain, and that it might be easily under- stood. What they meant, by the expres- sion " its mouth in the bay of Fundy," | is very obvious; for of all the present bay called Passamaquoddy, only a small excressence of it, at its Northern extrem- ity is called Passamacadie, and the res- idue of it constitutes a part of the great Bay of Fundy. If the question had not been settled, there could fie but little doubt how it | ought to be settled. The question was j not, what river was called the St. Croix by the French, or where did De Monts winter: or whether several rivers have been called by that name;— but the question was or ought to have been, what river, had the ministers in view, which they marked and designated as a permanent boundary? — That could be ascertained with great certainty by a reference to Mitchell's map, connected with a survey of the rivers, taking that river which most nearly, from the posi- tion of its mouth, corresponds with the description and appearance on the map. Notwithstanding the great care and caution exercised by Ihe ministers, and the great consideration which they gave the subject, which is further to be infer- red from the language they adopted; for they in a peculiar and emphatic manner, say, "that all disputes whiph might arise in future on the subject of the boundary of the said United States, may be pre- vented, it is hereby agreed and declared that the following aritation and culti- vation; but from the rapid increase of| ' inhabitants on the waters of the Penob- scot, the time is not far distant when I j Maine will need it for her rapidly in- creasing population. They have never seen any necessity for, or use in going into the wilderness and of exercising pos- sessory acts or acts of jurisdiction and sovereignty, and liius making continual claim to preserve a title which they hold by the faith of a nation, solemnly pledg- ed in the treaty. They have already made such progress in the settlement of| the country generally, and have exercis- ed such acts of jurisdiction and sover-j eignty as the exigencies of the States rcquiied. Forty four years have nearly elapsed since the treaty, and about thirty years since the question in relation to the river St. Croix was settled. Although the British obtained an advantage in the set- tlement of that question, still it was set- tled by the mutual agreement of the par- . ties, and all oifght in good fa^ith to abide the result. When that question was set- tled, every real and it may be added plausible or imaginary ground of dispute was removed; and it remained only to survey and mark the line. A surveyor of no more than ordinary knowledge and skill in his profession, could have ascer- tained the line described in the treaty. But the British, notwithstanding the set- tlement and determination as to the riv- er St. Croix and the plain and intelligi- ble description in the treaty, have set up and persist in a claim to all the country north of Mars hill. It is understood that in this case, as plain as it is, the Com- missioners under fifth article of the trea- ty of Ghent, have disagreed on all im- portant points, and have of course made no decision. It is further understood that a course not the most " highminded and generous" was pursued, and by which, important evidence was exclud- ed. If such be the fact, the case can- not be submitted, according to the terms of the treaty of Ghent, to some friendly sovereign with the expectation that his decision would certainly be correct. It cannot, in fact, be submitted according to the fair construction of the treaty it- self. If tlie '• British are highminded and generous, and never shrink from the ful- filment of their engagements," in the language of Col. Bouchette, it is asked why she has, and why she does, set up claims so " noloiiously^' contrary to the treaty and persist in them with such ob- stinacy. Her course has furnished any thing rather than a corroboration of the Col's good opinion. Having persisted so long and with such obstinacy, the time cannot be anticipated when she will be- come " highminded and generous, and not shrink from the fulfilment of her en- gagements," on this subject. If from the examination, perfect conviction as to the justice of the claihfis of the United States and the State of Maine, and the injustice of the claims of the Bjitish had been produced, such remarks would have been deemed improper, and would not have been made.' Having considered the subject as was proposed, but in a hasty and imperfect manner, it may be permitted in conclu sion to add, that the government of the United States b6ing a government of limited powers, few probably of the many questions which may arise under tlie constitution and treaty making power, have yet arisen and are settled; they must, however, be settled, as they are produced by the exigencies of the times. In the question how in discussion be- tween them and Great Britain, if she compromises by giving up any part of the State of Maine, guaranteed by the treaty, without the consent and approba- tion of the States ibterested, for an equivalent in territory any where else, or for the free navigation of the St. Law- rence, or the St. John, or otherwise, the question wi'l arise, has dlie the right? Is it given by the constitution? The ex- istence of such a powei; in the constitu- tion would be dangerous in the last de- gree to the independence of State sover- i eignties. The most the United States ; have yet done in relation to the bounda- ries of States, or forming new States, I not on their own territories, has been to give their consent to such arrangements ;;nd contracts as have been made by the ' States interested. Even the exercise of such power, has by many been consider- ed unconstitutional. If she can impair a State sovereignty, where is the limit of that power, short of the destruction of the State? She may barter away or exchange a State for some equivalent, and thus destroy all its rights under tiie confederation. She is bound to protect, equally, all the States in the free and full exercise of all their rights of sover- eignty and power which have not been delegated. Suppose the British were to cede all their territory south of the St. Lawrence and between that river and the states of New York, Vermont, and New Hampshire to the United States, and the United States should cede to the British, in exchange, all the state of Maryland west of tho Chesapeake bay, j could it be pretended that the govern- ' ment of the United States had done this pursuant to any power arising under the constitution? It is not intended now to discuss a con- stitutional question which exists only in mere possibility or imagination. It is vmnecessary, for the government of the United States have manifested no dispo- sition to impair, and it is presumed that they will never consent that the rights of property and sovereignty of the state of Maine shall be impaired, but will pre- serve them to their full extent. The subject having occupied the at- tention of the government and people of this State, it is presumed they will pursue it until it is fully understood, and when it is understood, will insist upon all their rights arising under the treaty and constitution, not in boisterous or vocif- erous language, but with a fixed, cool and deliberate determination to hold and preserve them. — I add no more. Your's, CATO. NAVIGATIOiN or iliE 6T. LAV\"KENCF.. Th(! folloiviii;; Mtmorial was prepcntcd by Mr. Van lIoncEchiorin the House of Reprcscnlr.lives, o}i the 16th instant ; Ti) the Honourable Uic Senate nnd House of Re- picocritatives of ilie United Stales, in Congress Assembled ; 'I'he Memorial of the underjigred; Cliairmati and Secretary o! c RicoUns of Deleg-ates from the twenty Toivns in tiie county of St. Lawrence, and Stale of ^'e1v-Yluk, assembled in Conveiiiioniji pursuance of previous public notice, to represent i'nd express the T icws and interests of Ihe citizeos of s.iid county ; in puTsuanee of a resolution uraiiiniously adopted :".t said Couvtntion, do hereby, in beliilf of said Con- icntion, and cl' the citizens icpresen:ed in it, beg ,'leavc rcspeclfully to lay Icforc your Honourable 'body a brief statement of the ifrieva'nces under « Inch tliey labour, and of the causes v.hicli produce thim : yoiu- Monurable body nscd not lobe iufornied , that the Imperial Parli.imcnl of tJreat Britain, in and byitsttvcral acts pa.'scd on tbe 51h August IS!!?, and on the 27ih June 1825, have imposed upon the f introduction into tlitir North American I'rovintc?, [ of Urcadstnlls, Atln s, Lumber, and various other ar- ticles of Aniciican produce, such duties of impost as in most casts practically lo amount to a prohibition of trade and intercourse therein : And that in and by the ln.tteract, it has actu;;lly prohiliitcd, among other things tlicintrtiduction into the said Provineas, ofsall- ed provisions from the United States ; iiicrebv etfeet- uaMy depriving the inhabitants of this e::tti!sive and '. hitherto gro\vlng frontier, of its accustnmcd trade in 'he channels traced out by the Sngerof nature l.-.r- self, and heietofo e freely used under the high 5;uic- tions of the law of nature and natioi's, declared oi:d conhrmed fur a great portion ol the period c|jp.-tu sinoe the ori^anixation of our go^ernnuut, byau;ica-[ bie treaty reputations — measures leiiding in their ef- [ fects, if not seasonably :-iid eHectually counteracted, to iinjjoverish t be natural resources, undci mine the ■ f'rosperity, alarmingly to reduce the population, and: contequcntly to sHp the strength of tliis important , border of the Union : Which acts r.:id all their provi- : sions, whether they have tlieir oii^iiii in the prLd etcr- niined hostility, of the Brrtish^rtnraaT.niTrnTVTTrrn^r-r-,^ tent rd of our unqucstionab.e rights, ivhen their e.^ercisc may be deemed to come in collision with the interests of Ihut gi.verninent ; — ought to be met by calm, yet determined opposition, and to be counteracted by all the means which either Providence or fortune may have placed within our react-. The national lesislulurc is .ilso well advised of the fact, that by tiic final establishment of the bouiidarj line between the United States and Canada, ivhich lies between the point whe;c the 'toUi degree oi north latitude slriUcs the river St. Lawrence, and Lake ,Su- : perior, as settled by Ihe commissioneis ot both go- terninents, under the 6;.h article of ll'.e treaty of Ghent, the sever.-.l islanoG in that livcr, Unown on the-maps or charts thereof, by the n-itnes of Upper Long Sault Island, Lower Long S.iuit L«land, and Barnharl's Island, belong to the United Stales ; whereby, and by the nature of the navigation, the . only practicable route for loadtd boats desceiiding j the said river, is t+irough and upon, exclusively Ame- | rican waters, on the southerly side o! said isl.inds lor : a distance of about fifteen miles ; thereby enabling j this g.ivernment to control the use of those waters, and to impose, by law, such countervailing duties or burthens on loreign vessels and their cargoes, entering tlie san:e, as stund policy, and Ike ends of equal jus- tice may require. If iHie undersigned have ajust coneeplion of the in- tended operation ol the late British Older in council jn relation to the Colonial trade, the trade of this ; Frontier with the Frovinees iairnedluU'y adjoining thp United Stales, is not direally prohibited try the terms of that Order. But Ihe undersigned need only 1o refer rour.'.onorable body to the provisions e: lie BluremeiitioncU acts of the British Parliament, to briisg to every mind tlie assured conviction that tlie praiiiiea! etltct ol those provisions of exaction and I'l prulnbiiisn, iii and must continue to be, the entire di:.-liuctionof that uade: adcstruc-ion much more' cemplc'.e and absolute than that of the trade between the sea-board of tilt United Stales and the Brilish Wett indie?, by reason of that order ; inasmuch as, \ inthe caseofyonr iHemoriuhsts, nature has furbidden , tacm any resort to circuity of voyage to a market, ! ti.rouL-h anv intermediate neutral r-ort, and the el- forts ol art have nut yjit, b y cterconii og the ujjstacles ' ol nature, opeiiLd any internal cuaimunic.alion to any ofour own domestic markets. ' _ TheOrderin Council, and Ihe aforesaid restric- tions imjiosed on the articles of trade passing doivn the St. Lawrence, are only diflerent incRnstb at'ain ! the same end, tlie destruction of our iiade with the IJritish West Indies, and vrilh, or ihrough the Cana- dian ports ; and stem to. call for equally strong mea- \ .Hures to countervail their efliicts. ' | Your memorialists reposing the most entire confi- ] dence in ihe wisdom of C-ongieiiB to devise the best ^'"■asu.'^s of redress f'u' the unexampled sui'erings Nm-.icIi th^y endure byreuspu 01 their utter exclusion li email foreign or donnsllc markets for the bounti- iiii and rich produciionj of their forests, their ores, their queiriLS. and their feitile soil, inhsbited by siurdy freemen, destined to become, in lime of peril, (lie del'ciulers o^liis exposed frontier, are content to a;.ide ihe decisions, and to support the measures ' iviiich that wisdom shall adopt. Hut they cannot fo'-bear, respectfully to suggest to that bodyi'-hose acknowUdged duly itis to e>:tCid equal protccfion o,'' 1.1! — ihat, satisfied, as they mu;t assuredly be, iliat iarlher negotiation atlords no reasonable | rospect of relief, it is the tlelibcrate opinion of your mcmorial- i^ls, that it is the urdouhled right, if not the iii-':uin- 'lent duty of the National Lfgislatuie, to impose hy aw, upon Biirish nrcducis pti'siiig through or upon le aforesaid An. eiieau waters oJ li.e fet. Lawrence ivur, duties of transit, coiiespoi.ding in cniouni villi those imposed by tlie British act of June -27th, '1S26, on Ameiican p-ioducts pas.-ing into the Cana- das, and in every respect counterv.iiling the provi- sions of the said act of Parliament; thereby visitin,^- npuii our commercial rival the evils of her own po- lo y. and making a strong appeal to her interests and convenience. Your memorialists therel"ore proy your honour- able body that such law may be parsed ; or that your honcurable body, as well uilh a view to the future jnililftry defence, as to the ftiii-.anent prosjieriiy ol this Fronlier, will adopt such other measures as Khali, by allording an interior conininnicuiion ivilh the markets of the United States, produce the de- sired relief ol this sullering sretion of the Union. Ai.tl your inemoralists as in duty bound, will ever pray. JABEZ Vv'lLLES, Chairman. I)avid C. Judson, Seeretari'. - , »:^ LJ Cj L> ti i^ : THURSDAY, lllh JA\WAnY, 1827. The New- York papers of the 7,rA iiijw/ f.nwrence to Cau Hosiers,^' &c, Tlic part of the description in Italics Ins nothing to do with ilie mund.ry in question, it wus the north boundar^of Nova Sco- ;ia. out of which New.-Krunswick has since been 'formed. 'Ihe Treaty of 178.'. adopts the boundary of the Proclamation of 17G3, acknowledged by both parlies. •■ From the north-west " angle ot Nova Scotia, viz, that angle which is formed bv a lint; ■' due north from the souih«f St. Croix to the high lands :' [dear- " ly the height of land where the waters tnrnl" alon"- the 'aid Miigh^ands, which divide these Rivers that empty themselves into the River St- Lawrence from those which fall into the At- ■ lantic Ocean, [undoubtidlv the highlands as described in the Iroclamaiion of 1765,] to the northnestermosl head of Con- ' neclicttl River, thence down along that River to the forty-sixth degree ot n-rih latilude ; from thence by a line due west." &r. It IS astonishing that there can be Tl: ny dispute on the subject. rhe north-" est angle of Nova Scotia is not left undetermined- t IS a tine from the source of ihe St. Croix due norlh to ihe hi"ii- ands : the height of land where the waters turn, and ilience alon.' he said highlands, still following the turn of the waters, ac.ordin" o lire description of the Proclamation of 176.5, the acl-novvledg.U joiindary at lb-; time the Treatv was made. Never, at the timetne Treaty was made could there be any in- ;ention ot any olher boundary than that of 176J. of carrvin" the American line, not from ihe " nortli-west angle of -Vova Scu7ia," he norih boundary of which was the Ray of Chaleiirs, but from miles norlh ol that boundary, within three leagues of the li.- 'er St. Lawrence. The Bnti,h authorities who solf.-n-d the line be prolonged oneinch beyond the turn of the waters duenorih )t the source of the St. Croix, were to blame, not the n-gociaiors. 1 he source of the St. Croix was determined in the most unf^v,,- ■able manner to ihe Rnlish ; but ooihmg cool,! justifv ihe ad.ni.- ■ lon ol any prcieu-sion to ^o beyond ihe rirst high lands- or where he waters turn. This is ihe point of dep.irlure of ihe b .und.ii ■ o he follow,.,! lo the weMermost head of the Connecticut River, Itid any common man could draw ii. Thec|iesii,m is one of strict jusiice, each parly is entifed to he biiuodaries of ihe Irean, let the con^eqnenc' nay. If iheyshould lie inconvenient j that is a j-ilion; an I siiiely two enlightened nations, like Great B md the United Stales, ought to wish nothing but momal convi;- nenee in niiitters of boundary as well as in all olhiis. They lave nolhmg to gam by quarrels; and in this point of view rv'a lepivcale ihe iniemperate language of the i>amphlel, and several it Ihe newspapers, Home as wtll as Provincial. Th vho can be ihe most successful in this w >r ixf w,,,--! es be what thev a mailer of negn- "lit lin TUESDAY, JUNE 5, 1827- BRITISH CLAIM TO PART OF .MAINE. We have deferred the publication of the following article ; but we think this is a proper st^.as.on to present it to the public, i,n order that the people of this State — and that the people of this coun- try may know the grounds on which the British Government supports its claims tl about one third part, comprising ten thousand square miles, of the territory of Maine. The following view of the sub- ject is taken from- a pamphlet, published in Loudon last Oct .which by the Brit- ish has been generally considered as ad- vancing the opinions of their govern- ment respecting this territory, and to have been issued under its authority. '■First. A tract of Land, highly valuable for- its e.xtetit, quality, anil situation. It comprises; upwards of 10,000 square miles ; is covered with a ifiinkand lofly growth of tlie finest timber (the' native beauty of the country has not escaped the observation and praise of the American Agents ;) it is wi tered by frequent lakes and rivers, tlie St. .folin and its numerous branches, communicating; with the sea, by s.ife and uninterrupted naviga-' tion (with t'le exception of the Grand Falls, wliich may be easily overcome ) and flowing into and through our actual Teiritories, of which tiiey arc naturally a portion. This tract is at present very partially cultivated, and thinly peopled ; but the *' pretensions of the United ■ tales once reiiioved.i it would immediately heoccupied. No part of our foreign possessions offers more encourage- 1 ment to the emigrant than this district ; and if| Government will be evei persuaded to take up ^nd ponduci the busine.ss of Emigration, in a manner w.uthy its results to toe Empire and mankind, there is no place where it should soon- ■'■ er be our care to establish a body of loyal and / industrious Settlers, who, ceasing to be a burthen ; liere, would there add strength to our dominions- K- and in a very critical point- !**' '• Secondly- An object of higher impt^rtanci^ is a defensibfe line of frontier. To establish an arcinnius Boundary between the two Countries in this quarter was as clearly the intention of the j Treaty as it is indispensably nece-ssary for ours iSecuriij'- If the present claims of the United I State^re conceded, and they pass the River St. John, or even they reach or possess its westernl bank the whole Province of New Brunswick lies! al their mercy. Occupying the upper part of j such astieain, the country below could never bef protected, from contraband trade, in time ofl peace- nor from invasi m in time of war- AllF the difficulties of preparation and transport, fori attitok^will then be overcome with security with- in their own territory, and their descent in ours will only otfer increased facilities in proportion as they ad< ance- The only line of division, which can distinctly separate the two countries, and secure the weaker, as in this (|uarter Great Brit- ain must be consideied to be, against the aggres- sion of the other, is to divide the heads of rivers, iv-- ngreeably to the principle of the Treaty, by thej" high lands from i\Iars Hill Indeed, it is not tool much to affirm, that this is the only practicable I Frontier, which ihe relations of the two Powers,! aiidthn gei.graphy of the Country can admit- — I Tlie bouiijaiy must be either Mars Hill, or the! Isthmus oi' Cumberland, or the Penobscot- Al nietidiaii line over such an extent of territory, intersecting rivers in such a manner, can never P-xist- A (iivision.full of inconveniences fortwo; paiislios, and almost impracticable for counties, in the same kingdom, can hardly answer h tween two nations, having a common language,! opposite maxims of government, incessant inter-! rouse, conflicting interests, and mutual and un-l disgt-Lsed jealousy and rivalry ot each olher,such| a frontier can only produce continued collisionj and endless disputes, and must sooner or later,] end in a strugtil'-', which if iheie be no other Te-j cnnrse, Gre:it Britain had belter anticipate then] defer. Americc'm.^, It will be in vain that the possession of Gi and Menan has confirmed to us the control of the Bay of Ftiiiday, or that again eizing the mouth of the Penobscot, that conlroul may be secured J and e-xleiided ahmg the adjacent American coas!,' if the United States are thus to acquire in our rear the command of a river which flows through the midst of New Brunswick, and whose variuifs branches communicate, by an easy navigation, with almost every quarter of the province- The immediate consequence to be apprehended must be in the case of a rupture with that Power, the tittack and conquest of this Colony, and it may not be without use to anticipate the remtrter, but no less important, and no less probable consc, queiices. The neighbouring province of Novaj Scotia becomes c-xposed lo almost every point o; attack .n-om llie mouth of the same stream. — The 3t, John, by one of the greatest curiosities of na- ture, f;re,seiit3 difficulties at its entrance, which migi'i b". easily so strengthened that no force froi.i ,:e I could peno'rale it. Here then the en- emy ■/.■iMild have every convenience and security forp-'P iriug theit flotilla, and would expect in safety iheir -opportiinity for crossing, by a few hour-i i,,.orsR, lo tile opposite shore. Nor could any na' al superiority prevent the occurrence, or rep.'ir the eft'ects of such oppo'rtun. ties. The na- ture t' ih^' Bay of Funday rendeis the assistance of ships ,:" war uncertain in summ*;-, and in win- ter their very presence inipraclicable Thus the natuial defences of the Isthmus of Cumberland would be turned, taken in the rear, or become useless, and ins ead oYa long, difficult, and cir- cuitous niaich to the strongest- aiid perhaps an impiegiiahie entrance of that province, the ene- iny gain (Ire choice, and access to the weakest; and in ti- e days an American army from the mouth oliii* St- John, might be blockading the forts and snips in Halifax harbor- But it is hard- ly necessi'.ry to inquire how long Nova Scotia could be retained, were New Brunswick lost, or how long Halifax or any olher place defended, were Nova ^';otia overrun, or how long the A- morican coast could be blockaded, or even a su- perior fleet liiaintained in those waters, iviih no harbor f^ir shelter or repair to the northv\'ard of the Bermnda and westward o'Treland(though per- haps one mi^hl reasonably extend the considera- tion of these consequences so far as to question the srifety of our West India commerce, or even the possession of these Islands, and still more the security of Newfoundland, and the fishery on its banks) : it is >utiicient, that »/ithout any preten- sion to military science, it must he obvious to a- ny one, who either has any acquaintance with the country, or even considers its situation on the map, that the acquisition of such an ■advantage by an enemy, and its loss on oiir part, must greatly increase ifieir chances of conquest, and the cost and difijculty of our defence- ■ " 3d- The third consequence involved in the feettlenient of this boundary, is the connection to- gether of the British Colonie-s, and their commu- nication with each other- That wedge of terri- tory which the United -tates are endeavouring to drive up between Canada and New Brunswick, will mos' eflcctually separate the upper and low- er divisi,uis of our possessions in America, and expose the frontier of the former province no less than it commands the occupation of the latter.— A Ion;- and narrow strip of land, scarce thirteen miles in width, along the shore at the entrance of the St. Lawrence (which is all thev would hi ie this quarler, on the right bank.) can- no' bo cnnsiilcred n very tenable possession. Th on of tho river becomes endangered, flh! and the very passage of ihe mails extremely cui'oiis, and extreme tion of Dm y precanoiis- The sii vick renders it the centre ofj our cmpl.e on that conlineni, anil the teiritoryl in question is the very j.'oint of union ; and as a pru Jeht commander would lescrve his chief forcej- ,ind vigilance fur the protecliun of lliut possession! which secures llio oonnction unci su|)port ofeai;li! i:.\tremc, noless anxiely slioiild hu shewn by U; u'ary Government along the line of its duinin- ions, more especially if so critical a pan lias al- ready attracted the desires, and even the at- lernpls, of out advers^iiy. In a commercial: as well as political view, this coNnexion has now becoino of consequence, and the course of tli- lure events may prove it far more important. — For if the Union of all the Colonies under oneL general government, as is soinc times suggested, a should ever lake place ; or, if by any unfori-| seen exigency, the lies between tliein and the j IWollier Country, should ever become less inti- miiie,or less ettectoal, such a communication and I connexion would become to them an important I 'bund of union, and Would create and secure al coniauinity of feeling and interest, and prcvcntl their lalliiig separately, into tlie hands ot tliuti Lneighbournig Kepublic, whose power and com- merce already threaten to rival Great Britain,! and to whose increase, cxcejjt in the present in- stance, we do not linow what other oppoitunity j will be ever found to prescribe a limit. '' ^Mh iiiit if these cunsuleraiioi.s apjicar of[ remoter interest, there are others more iniinedi- [ ate, and perhaps moie impurlant. For ills nuti mere y liiu communication bet een the ^ 'oloni'S I thems' ives that is at stako, hut iliu ouininunica- lion between the Cunadiis and the _ ea - between i the Caniidas and fireai liritaiii. During eight] months ofthe year, from the Ist of rfepiomber j to "slhy not even an aiisiver from i-'nglandj to any in;elligence from Quebec can be there! received, except through th. United Stales, url throii^^li the province of >ew Brunswick .'^up posing the Utter communication interrupted (as I it will be most effectually, if any other bounda- ry is accepted, but that claimed by his Ntajesly'sl i'ommissinners,) it may easily hi' conceived [ what advantages an enemy in that counti y would I possess, who di(|pld commence hostilities a littlel iiefore that period, in the month of August orl .July) and liius have nearly a twelve montli loi o\errun those Colonies, buf re they ctjuld ceive the assistance of a single man, or a sr glel musket, from the Alotlicr cuunlrj; whose arma- ment, on arriving, the next June, mighi possi- bly find the enemy encamped on the Heights J of Akram, oi their very Hag on the walls ofll Quebec. Or if the ^ation with whom we iiavel to contend were sucli as would probablv over- look this advantage, still shoulu any isa'ster oc- cur in the, course of the war, low injuriuus must I be so long a delay, and how frequenily musti succour arrive too late. In short, is it iu.possi- ble for Great Uritain to retain and defend a coun try, from which she would not only bo so per- fectly severed, by distance and climate, but -fl the very occurrences in which she must remain f I n u^tei ignorance, during the greater part of! jthe year.' I " it IS not merely a route to convey the mails I that is wanted (which t!ie Amr-ic.ns woul. very j spec.ously olFr by a proposed exch .n.e oi ter-l riiory, ieaviiig us the lefi sid ofthe Mudawas-I ka, tor an equivalent on the right ofthe ^t. John, I and which even then would continue at their ( mercy), hut a JMitary Lin- of communicali' i; llie mei.us of transporting lioo|is and siores, from | "it John, or llalitiix, to Quebnc, with c.inven- ience aid .-ecurity. The adva t,g. s of iliis Line has been ilrrndy in some measure percei- ved. Uuringlhe late war, ie,imen!s were mar- 1 ched through, and salors transponed, in the I depth ofwinler,with perfeit saiely,toihc jpper^ provinces, where thiir arrival were very sea ■ s nable ; and similar, and lar more extensive, f Ijcannotfail to he rc.cived, regretti.d, in case ofl future conflict. Such is th-f importanci: ofl preserving this c minunicatinn, that the preseatJ BoiMioary question can h.ird^y be conside cd lul any oiher lishl, than as involving the que-.iionl of theexpedi: ncy of retaining or reli; qaishin" ihe whole of the British Colonies in .North of| ■America. " li would really apper to be faintly perceived.) or seldom considered, among us, how formida-l hie 11 rival \^e must one da\ havo to contend B with in the Uiiiied Stales ; liow rapidly lliiild.iyl Is approaching . and how ninmenlous must be j ihe is.'iiic. At so great a distance, and lonip; atively of minor inlerest, little is here obscrvodl ofthe iiilri uing, ambitious, and imperious i liar- actei of a fcop'e and Governme t, who consid- er every thing ihey can claim and reach, as al- really iheir own, and every thing Ihey cannot, as an oijtiry to be borne only till ihey have ; quied urdior strength. In the vey terms of al previous concession thiy can lind subject for| fiesh demands U itli reciproci.lv lor evei their mouihs, they can induce i toelaxuurl syslem ol navigaiion, ai d yield tl m commer ciaj advantages, which ihey can i, iseordehi) | to return and seem to th n;. cund ct, vvhith private ile would b-- thought liti.e cnnsisieml with good failh, to bo the poof of policy onl their part or of wealincss upon ours. Yet, to whatever suhtHity ihey may dcsci nd on sonr occasions, the boldneps of their nicagures r»n I others boars no proportion to the imbecility ■ tl their pnsent pov cr bu' seems to assume allT Ithe importance of their fulure expectations; Band as II the vast comltrie^ of the VVest were now too liitlc for their increase, or were alreao}- hu', Ihenieiins of acquiring iiioie. wo en ijicm grasping, with one hand the sliores of the CJiill* of Mexico. «i reaching willi Ihe olhet altho Gull of .St. Lawrence lortily ns the mouth oTiiie Columbia, on that -ido of ilio glole, intriguing and ihrealcn'ng for a port in the Meoitcrrane n upon this i at one time, forbidding any naiiou to colonize iho coasts of the Pacific, and dicta- ting, a' all llier, t the new Kopublics if Ihe South, r.ot to touch the Havana : and now, al last, publiclily proclaiming by tin message of their President, lliat their fiirmer subniission t'l bell gercnt rights can only be remembered with the resolulio ■ of never enduijng it agnin '(** hai is this but to say. ihat if any nation will to war with Cireat Britain, Ihey stand ready to join them .'j Their atlenipt to seize, their u - willingness to relinquish, their vciy dem nd il the teiitory in question, is a striking indi ation ol their presenl airas,an'' future measurer^. Fo. why d" ihey thus covet the po-session of so an- gular an't insulateda tract, as if they had not al- ready morn vacant land than they can people for centuries.'' " Why, but for the injury and insult it must inflict upon I'teal Britain.' For surely the in- jury to ihe securily of the F.mpire will not !e greater than the insult iifton its policy, ifthev^ have any argiment, by which we csn be per- suaded, th t the North west angle of Nov.i Scotia, which France once had al the source of the Kennebet , England at the Penobscot, and the Americans themselves in 83, agreed was at the South of ihe --t. John is in point of fact, at the month of the ■-t. Lawrence The secret is that ihe Un.t -d Slates have long found the Bril ish .-Vmerican Province? to be heavily on their flank and r^ar, and overhang and command '.heir coast. To throw offso efFertual a curb, and stili more by the acquisition of their rosses.-ions, to rid themselves ofthe sufteriority. or *■ ven ofthe presence, ofthe British fleets in those waters ; to get al ihcii mines, to monoiiolize the fish and limber of Mnerica ; force themselves iti to he West Indies, and force Grea' Britain out ; tlese have be' n their constant objects, since their first struggle for independence to the presc t hour, ihtir eff"orts have as yft been unavai ling, nor hav" ihey for the future, by arms at least, any prospect of better success. In a few vc'rs, these Tolonies will iiof'^ontaiii less tJian two millions of inhabitants, who, in such a coun- trv as America, are not to be ccmquered ; and in the meantime, experience has shown, that " ilh the protection of Gieat Britain ihey may he de- fended : except indeed their natural barriers are CO! ceded by n.-goiiation. au'l their connexion and communication with each other sep'irated and lost." In presenting the foregoing extract] I to the British public the London Morn- 1 I ing Chronicle introduces it with the fol- I lowing remarl:s : — " It hile the question is still pending, the States of Massachusetts and .aine havethout'ht proper to proceed to exercise acts of ownersh p and sovereignty over a valuable district of the province ol iN'ew Brunswick, included within the line which they claim, but which has always [been in the possession of the brilish local au- I'thorilies. Upon a representation to the General liGovernmenl of the United Slates, tliese agress- iions wee directed to lie suspended till June inexi.— llie alure of thewepr ceedings. and the Jconsequence which would result from the cess I'lon of the district in dispute, are well set forth Tin a lain Address to the King, from the Coun, il rand assembly of New Brunswick ; but th, con Bequcnccs alluded to are still more precisely and npraprehensively staled in the following extract "bm the pamphlet in question." COLO.NIAL AFFAIRS The following is from the St. John, (S. B ) 'Gazette. .\3 further illustrative of ihe disposi- Itions and views ofthe British Colonists relative j to our intercourse we publish it I The Committee ofthe Ch mber ol Commerce in this ciiy we ate informed have lately had several niec'ings, and manifest a zt^al an.j dil- ligence on the subject of our commercial inter- ests which is Iru' ly pr iiseworthy. 1 he prnsent is an eventful lime to the com- meicial world. Great Britain has departed from that system of maritime policy, upon whicli her present greatness and prosperity has been founTJ ded, and has made an experiment upon the most exiensi\'e scale, and -^hich involves in it a H great var'ety of inti-rests, but in consequence of ithe policy adopted by the United .Slates, Ihe full I operation ofthe system has been impeded , and litis now to us proh'emaiicnl whether, as relates I to the latte^ Goveriiineiit. it \v II ever berenew- led, or wh'iher she can prevail upon Groat Bri- I tain lo accede to her wshes, and thus place the I free trade system upon permanent footing. Upon a fiirmer occa-ion, we observed that our ICounlry is too young, that our exports are to new, and of too little value and that we caniiot lunder present circumstances, navigate our ves- Isels on suc.fe terms, as would enable us to com- I pete with the Americans, and ensure us a fair I proportion of benefit from the free trade system. I We are still of the same opinion. .U hile thi refore measures, pregn ant with ei- llher great and 'asting benefit, or injury, to our Icrimmercial interests are still p-nding, and while I the I rilish iiovernnient, with truely maternal so- I licitude is looking lo every part ofthe widely lexteiidcd dominions lO obtain inforn'.tfition, and 1 to know how Iheir interests have been, or will loeaflecledoy .hose measures— the mercantile [community should be.stir themselves. They I should, as far as llieir knowledge and experi- I once' ill en'ble Ihem. lay a-ide prejudice, and [look calmly into the subject, au'l view it in all j its parts and beari s. in all its remote and'pro- I bale consequ' nces - nd vi'hen such r-'presentalion lis made lo his Majesty's Government, as this de- lliberi'le view of the subject will justify, we are Ifnily siitiFlled, that as far as our particular inter- jest can be made to harmoniz' with the general Jinterest ofthe nation, and of all concerned, they ■'will receive their due shire ofxion'sideralion and llittention. lA'^d-®!^^ THURSDAY, IVZARCE, 1, 1827. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ North Eastern Boukbart. The Select Committee of the State Legislature, to whom had been referred so much of the Governor's Message. as relates to this subject, have made a lengthy and intelligent report, which we shall hereafter pub- lish, in extenso. The committee appear to have gone thoroughly and dispassionately into the in- vestigation before them ; and to have availed themselves, as well of the lights of former treaties involving the boundary in question, as of the terms of the treaty of 1783. By the treaty of Fontainbleau, at the close of what is denominat- ed the French war, in 1756 ; France ceded all her claims to the Canadas and N,'?x-"\, Ije shown between the term? of «y •*/ those natural motiaments and indkia, to which we ( contend they have an application. If we recol- , lect the reasoning of the English,writer, he at- ' tempts, by an argument of no small subtlety, to , show, that Mars-hill, the first high ground North ', of the Monument, is the true height of land con- templated in the treaty. This being granted, he finds no difficulty in tracing along the high lands I commencing there, and dividing the waters, that flow South-westernly into the Penobscot, from those, that flow South-easternly into the St. Johns — until he arrives at the highland?, that divide the waters of the Penobscot and Kennebec from those of the Chaudiere. This argument is strength- ened by showing, that those rivers are the first that flow in the respective directions to the places of destination mentioned in the treaty. The writer also winds through an elaborate reduc/io adabsur- dum, to prove that the British could never have intended to grant to the jVmericans the military ad- vantage of commanding the upper waters of the St. Johns, and other rivers flowing into the. Bays of Chaleur and Merrimichi, that would be cut oif by the line set up by the Americans and brought within our territory. — However reluctant thej English government may feel to ooucede this ad- vantage ; with the wide section, contained be- tween a line drawn due north from the monument until it reaches that point in the high lands, where the -waters flowing into the St. Lawrence, divide from those that flow into tlie .Atlantic, ajid a line drawn thence along the hiaMsjid^ to the Connect r i icut — cutting off as it doe' real route of th^ r King's Mail between Canifda and Nova-Scotia,-^ { there can remain no doubt, that such is the solemn stipulation of the treaty. Let us not be told, that Mars-hill is the highlands intended by the treaty or that therd are intermediate waters between that eminence and the high grounds near the St. LaW' rence, that could not have been left undescribed! in a treaty intended to convey them away. The British government were a party to the establish- ment of the monument. They, with us, cpai mence at that starting point. The course to be run from thence admits of no dispute. Both agree in it. The only question is as to the length of the line to be run due North. AnA here the-language of the treaty is plain and explicit. It admits of no I ambiguity ; nor is there any upon the face of the j earth, to which it applies. The place where tlie waters divide is designated. That there is such dividing point cannot be duubted. It admits of no\ doubt. No waters flow northwardly from Mars- , hill into the .>t. Lawrence. If so ; let that be es- tabbshed as the North-west angle of Nova-Scotia^ according to the plain letter of the treaty ; which describes but two classes of rivers ; one emptying itself into the St. Lawrence, the o'her into the .At- lantic. All the United States can desire is to have !the boundary established according to the most ob- ivious, natural meant g of the treaty. , . SATURDAY, MARCH 25, 1826. Debateab\e Grov\v\d. In aDQther part of our paper irill be fouDd "An Address to His Majeity oq tbe subject 3f (be Boundary liae" by tbe Council and House of Assembly of the Province of New- Brunswick, wbich we publish for tbe ''amute- ment of our readers on tbe rivers St. John, Restook, ADi Madawaska." Tbe subject is one, says a Correspondent, of great national and local interest, and is daily becoming more known and better un- derstood. The "Address" is an interesting paper;! it breathes a spirit of loyalty and devotedness quite becoming in one of "His Majesty's re- inaining North American Colonies," and ■gives a very particular account of the erigin, history and progress of the settlements upon tbe Saint John and Madawaska Rivers ; but it seems to us to have forgoden that the right of soil is not yet decided to be in His Hajesly. Tbe prinnipal ground of complaint is that the Governments of Massachusetts Sf Maine have recently attempted to disturb His Maj- esty's possession, and the jurisdiction of the Province in the disputed territory. This is, impliedly, begginr Iha question, bacause it does not yet appear that His Majesty is rigJil/uliy in possession, or that the Province of New-Bruriswiek has juris- diction of the territory. This is the great question between the two Governments, and it may bc decided in favour of tks United Stales. The address, however, considers such a decision as im^nssible if due regard be had to tbe rights of their Sovereign ; and, assuming thai His JMajisty will be confirmrd in his claims, thpy remark that "the tract of CooDtry now in question does not and never did de deeds in conformity to the above mentioned Resolves of the Le- gislatures of the tv.'o States, and finding there was not then time to complete their Surveys, daemed it suiBeient to make a lew deeds, and then pest up Notices of the disposition of the State -towards the Settlers, at the Catholic Churcb-,- and al the Grist iMilis in the btfure mentioned Settlement, ofyotir MaJL'st3''.s subjects al Madawaska,. now under the jurisciiction and Laws of this Province. They- ac- knowledge ba-ring been informed,, thai the Permits from the Government of this- Province to cut Pine Timber,, tor the approaching winter had been withdrawn, aud reciprocate this Aci of nioderation and forbaarance on the part- of your Maj- esty's Governm<;'nt, ky appointing an A-j gent at Madaw-aska, and another al the! Kestook, with power to grant per-mits tol cut Pine' Timber, on the same disputed! Territor-y, which they alTect to consider their cwn soil, and upon which your Ma- jesty has desired frora exercising this .-iccustotneci right toK S'overeigiily while, the question of Boundary remains unde- cided, ai the express instance of the Gov ernment of the United 'Stales. They made what ihey ciill JoaHeiliarj. vi«ilii !o rnsDV of the Sstllers, to whom they ex- pliiin the ebjecfs- of their visit to the CouDtiy, whom they state to have ex- pressed great delight at the prospeel o( i>etDg -received into the family o( MMtie, to hrff e little coalidence in the value ol their Grants, and to have made applica- lion to the LegishUures of those States :'or obtdiiiiag deeds of all the Lattds they iiave in po-ssession, these Agents being lutliorised to convey only one huodred ;icres to each Settler, — not contented with these measures in the disputed Ter- rilorj, they proceed doivn- the River St. John, into the iicknoivledjed and' unques- tioned Territory of your Majesty and there sovind the dispos!(i9ns ot yotir Maj- esty's subjects, to become Citizens of the United Slates,, upon a scheme of ex- I'ehttBge of Territory which they profess to set forth, and they report to the Gov- erniaen';* under which they Act, that the greater part of these Inhabitants would be well pleased' with the exehntig-e. On their return to their own country, they recommiiad to the Governor of the Stale ofMaine, and state it to have been ap- proved of by hi.T), that two Justices of Peace be commissioned, that a Deputy Sheriff or Constable be appointed, that oae 0? {go?! iiilitarj' districlj jje formed at Madawaska, and at a saitabFe time he so organized that they may have a Rep- resentative in the Legislature of Maine, that authority be granted to sell to the Madawaska Settlers, the Land they have in pessession more than one hundred A- ores, for a reasonable consideration, and Uhat a bushed winter road be cut from, j the head waters of the Penobscot, in a direction nean the head of the Restock, Und coctinued to Madawaska or Fish Riv- !er, the tract of Country through which this proposed road is to pass, being also a part of the disputed territory before referred to. "All- this appears by a document pub- lished in the American Newspapers, pur- porting to be tbe official "Report of the Agent of the Land Office" of Massachu- setts, and dated "Land OtBce, Boston,. November 10, 1825.'" "It might have been added, because it is a well known fact, which has been ver— iiied on oath, that these Agents also en- deavoured to persuade the Inhabitants of Madawaska not to attend a Militia train-, ing than about to be heldunderthe Laws of this Proviflce, and offered to some of them if they would not attend, to psy any fine? that might be recovered against ihem for Iheiv delinquency. This at- tempt however was unavailing-, tor the General I^rainiog wiis held on ihp foiirlh ofOctobsr last, in the settlement of Mad- awaska, and upwards of three hundred' meuuHder forty-live years of age were present at it : And the Coimcil and As- sembly ar/3 well per.saaded, that all the other a't-empts- of these Land Agents to seduce your Majesty's subjects, in this quarter., from their allegiance, and to shako their t-aith in their tille& to their Land^, and in your Majesty'.'* support and |pri)lcclioii, were cqi>:\!ly iijertetinril. '■>fevertliel''3i the Ci^ir.cil isnd lJ:>iiic' of Assembly cp.iiuot view tlrsu proceed- ings of the Goverments of the Stales of Miissachiiselts Qud Malna and of their au- Uiorisad' Agents without great regret and alarm. They cannot reconcile ihem to those principles o( moderation and equi- ty, which have induced the two natioii-5 of late years .so often to rel'or their dif- llorences, as well with regard to disputed pelnls oi Boundary, as to other malteis of high import, to tribunals of their o>vn selection for amicable adjiislmont, noito that spirit of courte?y and conciliation which. OHght: alw-siys to subsist between friendly, pow.ers^ "Uad any Peac| Officer of this Prov- ince delected these L:ind Agc.Us in the course of the proceedings above detailed, it would have been their unquestionable duty to have secured their persons, and to have brought Ihem before the proper municipnl tribunal in this province, tor an infraction of your M.tjesty's Sover- eignty in pieces under its actual exercise. Forailhough j/our Majssly has- thought proper to abstain from granting Licenses to ycur Subjects to cut Timber on the 'wi'ldernffss Lands claimed by the United States, the Council and House of Assem- bly have not uwderstood that your Majes- ty has abandoned or means to abandon, .under present circumstances, any rights of praolical Sovereignly which your IVia- jt^sly has been accustomed to exercise in any parts of the disputed territory, which have been, and now are in tact occupied and bald as British Setllemeots, and un- 'deryour Majesty's- jurisdiction: In con- sequence ol'a remonstrance made by fbe tjieiiie'nacl Go-varuor of this Province to your Maj.?sty's Minis-ter at Washington, 'iind.by him conveyed to the Government 'of the United State, the Legislature of .'\Iassachuselt,-i apjiears to have su-spanded the exeeuiion of the Resolves above moQiioned until their Session in the month- oi'Jtme- next. But should fhese Resolve-, or the additional measures re- commended by the Land Agents of the two Statep-, be .ullemplGd to be put in force while the question of Boundary re- mains u>.seltled ; it may be confidently asserted that the Government of this Province wjll not tamely surrender the Sovereignty which has been uniformly exercised in the Territory In question, and the most unpleasaut Gollisjouo aiay be expected to ensue. "'Vbile the Couccii and Korise of As- [sembly deeply feel the importance of a speedy settlement ot this disputed Inmn- dary, they can by no means accede to the proposition for an iidj.ustn3ent made by the Land Agents of the Staie of M.-ii- I sachr.selts anil Maine, in tiie report above alluded to in what ihay term an exchange of Territory, by leaving to your Majes- ty all the Land.s lying North Eastward of Iho Rivers Saint John and Miuhiwaska, and taking Ibrthe United States a portion of Territory on the ^yest side of' the River St. John as far down as Eel River, far below the line now elaimed by the the United States. This would be to vary both the- Line and the principle of Boundary in this quarter as designated in the Treaty of 1783. There is moreover engrafted on this proposition a right to the ffse navigation and use of the River St. J.ohu to its mouth, und such a cou)- promise it is staled would be for the mutual anvant^ige of the tv^ , Nations. "The Council and Mouse of Assembly humbly conceive that the inconvenien- ces and disadvantages to your Majesty's Interests of a River Boundary have been already so much experienced in other part's of your Majosty's North American Dominions, as to render it altogether in- expedient to adopt such a Boundary in this quarter, esjfecii.ily if the consequence ue tba.t 9. foreigi'i rial;on is to liava ; right of navigation of a Great- Riv- ing altogether within yoiir.Majesfy's ■itories for a distance of near two red nailes down to its mouth in the of Fundy, and to a coast navigation *m thence along your Majosty's Terri- ries for a distance of sixty miles fui- ner until it meets its own sea board. — The facilities for illicit traiFic, the expo- sure of frontier in. a military view, and the conliol of the communications be- tween your Majesty's provinces, which such an arrangement would' affoi-d to a foreign power, are in addition to the re- linquishment of a large portion ef very valuable Territory, most cogent reasons against adopting it. The Council and House of Assembly on the contrary en- tertain the most sanguine hope, ihatyou.; MAsty's- Government will (nainlain tlm true principle on which the designation of Boundary in this quarter in (he treaty of 1783 was founded, namely to leave within tha territories- of the respective powers, the whole course of those Great Rivers, quite up to their sources^ which h.-ive their mouths within the same ter- ritories. This is a principle in full ac- cordance with that spirit of reciprocal adi-aniago and mutual convenience, which was the deciat^d object of the provision- 1 a! article-., of Peace, afterwards framed > loto the treaty of 1783, which ,will make the line of Boundary to be a substantial separation between the two distinct na- tions, will prevent that constant contact between their respective subjects- that inevitably lead.s to dissenliou and difficul- ty, andwill'tend more than any one cir- ; cumstance-lhat can be ntimed to preserve the integrity of your Majesty's r-emain- ii;g North. American Colenies.. ■'Tl;e Council and House of Assembly beg i leave with great liuciilily to lay this repre- j seutali'.jn at llie (out of itio Tlirone. Tliey ciieriah sviili iiniiicninlslied confidence llie persu-isioo that your Mijesty will oonlinut l,j bestow tlial gracious alleDlion and regard l.j Ida rijjhts and inleresls of your- Norlli A- [ iiienoan UoniiDions for which (liay have bitlierlo had so mucti ret-sou to be jratel'ul.' SI. Joh7is Settlement — There are about two i thousand inhabitants of the State of Maine, who \\ have never been included in any census of the state, and who are unrepresented, both in the state and natiunal legislatures. They are settled upon the part of the St. John's River west of the New Brunswick line, which line however haa not yet been recognized by the British government. - As the access to these settlements is through the Province of New Brunswick, and as that province lias made claim to the territory, the settlers have many of tliem received grants from that govern- ment. There can be no question that tliey come within our limits as defined by treaty, but as the upper part of that territory is in,;/ortant to the provinces of New Brunswick and LowerCanada. as furnishing the only means of diicct communica- tion between them, it is not impossible that some terms of compromise may be acceded to by our government, by which the territory north of the St. John's, or that northeast of the St. John's and Madawascah, through which the line of commoiii. cation between those two provinces now passes, may he ceded to Great Britain, for an equivalent in money, or in other territory. An exchange might perhaps be made, advantageous to both countries, by adopting the course of the St, John's as the boundary line, instead of the due north line from the head of the St. Croix River. Mr. Geo. W. Coffin, the land agent of this stale, and Oen, Irish, the agent for Maine, during the last autumn, visited the disputed territory. Each of them has made an interesting report to their respective governments, containing much useful inlbrmation. The follouing is an e.xtract. The Eastern boundary line crosses the St. John's about two miles above the Grand Fahs ,, and from the line to the Madaweska River is a- bout 30 miles; the settlers on each side of the river are situated about 90 or 100 rods apart nearly the whole distance. We counted the houses, in all 222, avera»in" 8 or 10 peisoiistoeach, making in all about 2^300 persons. They are intlustrious, civil and hospitable peo- ple, and welldeseive the fostering care of Govern- , nient; many of uliom have patents, or grants of I their lands from the Province of New-Brunswick, but have little confidence in the value of those grants. Between the Grand Falls and Eel River, w t undertook to nuinlicr the houses on the west bank, in order to have some means o( estimating the a- nioiml of population, but the smoke came upon us , sc dense ami suffiicating, from surrounding woods, \ that we were frusirated in the attempt. We! however, ohlainefl information upon inquiry, to satisfy us that there are more than 250 families. These settlers compo.'ie half pay officers, relu- gecs, and their deseendants ; also many InsH and some Scntch. We conversed with many '- them, to learn their dispositions, for or agains't nn exchange of territory, and we found geneinliy ' that the desreiidaiits of Yankees would be pleased. j with it, but the hatrp.ay officers, and those in tlip' i employ of Government, would be opposed to it ; the first class are much the most numerous. , I The land on the west side of the St. Jolm's P,.iv- ' er, generally speaking, is of an excellent q«a)iiy, greatly superior to that nn the east. There .ti:- large tracts of rich interval, and Ijack of the inter- vals tlte land rises beautifully; resembling art more than nature ; this description is, iiowever. i not without exceptions. The settlers raise lar^^e supplies of wheat, oats, barley and hay; and in- deed, every article commonly raised in New-Fni;- j j land they ha^'e in abundance, with the exception j ' of Indian Cora. The land on the Aroostovik Ru'pr | is also of an excellent quality for cultivation ; there are npvards o( 20 families settled on tlie banks of tlie tiver, anfi are all doing someliiin^ in agriculture; and are very anxious to he qnietod in their possessions, but we had no authoritv »f ■ lating to thein. On our way to New-Brunswick, we were in- fonried that the Government of that Province bid received instructions from home, not to grant any more peimits lor cutting timber on the Aroostook and I^ladaweska Rivers, until the boundary line should be established. This itiformation has Ijeen confirmed to us by the lumbermen, who likeu-ise informed us th.ii permits, given for the approach- 1 j ing winter, have been recalled ; which has disap- pointed a great many who had previously got their I supplies up the river, with a view to carry on the business extensivelv. We thought, under these circumstances, it would he well to make some j provision by which they might obtain timber liom oursoil, and prevent their disappointment, inas- ' much as the supplies thev had of prf;m„^^"'' ""<' °'^'"' ^'"'<^'« J M,eroris,o ''- p.ei, J, nll^SV^^n^o 'Mle"'^;!":;; "^^ ""^ nieni, whit-h recent develooemtnts in Vi.' finish Goverii- lottial p„i,oy as it res.Jdrrte Unfed "s.a'" ^!r'"' ^^"- groundstof.ar, or wh,ther they are to be a'^ii .'' i " """" d.sresard of our rights ^h.n ihJv raav be d ', , , H , '° ,* ""^' vernment, to come ,n collision with he^r own i'Z , ''^' '""' 5°" hemet by cahn yet deiermmed oppovitlon a".d t I'.n ■~'"'^''' '° -cC.by all the means which either l'rov,r"'„ '' ';'■"= ™unteract- Pfed within our reach" i,,eV7e™""^°^'^^'"""= may have the-fio.! estabhshmctttof theioulC rnTTh: '"^■'''""^' '' ''>■ -ro,/,,/or loaded boats descending the S, r» "' P'-''""^"l'le m.les withii, ,ke .American waters i , i ■L^"'"^'!" is fifieeo ing duties o,-, British v selsor tiSr car, o?"'''™'''' ™"n'ervail- waters. The convention also ex^ e^Ld a Pff "f /''™"gh '"ose the proposed canal fiom the river sTl ""°'''"'''-' "P"""" of end apilointedacotaoiittee todrafr ;^ 7 '° '"" triecinal, onilhiVsuhject. " ^ memorial to the legislature 'St;:^d:\vi:f:'s-;x^^-r^r"> -^ liritisb Colonial pioduce com ,g down the S,r:w' """""" Congress talk ot ioierdicti,,;; th?ir trade h, '■,'"""■ "''"''-" late Order in Council. The i-e^^ „nons Jl ™"^'^q^"'"« of iho bo,itsco,„iuadowntheSt Lvr",c aeft ' 1-" """" ""' "" "iileson American waiers. '^''" '' "'^^""^^ '"■■ ^ J'^ance of np.oen I I POKTLAUr : FRIDAY, MAY 'S,, ]897. NORTH EASTERN BOUNDARY.] A very able and well wiiUo'n nunihci- upon (he subject of our Nuiih-easffc] ii BouDtdary appeared in the National Jounial of tlic 17th instant. It com- mences it.s views of the suhject at that period when we hecanie a ()arty to the disputed territory by the treaty of 17! :, and iiursues in a lucid manner the in- tervening transactir.f 'I'liero can be very little doubt of Mr. Melntire'sJ election. Wo have sven no returns from SomEri- set and Penohshot Counties. NORTH EASTERN BOUNDARV. We. Ii;i\e e.\elude[| much oilier ninlter to aivel place to the tollowy;;; able conimiinic:.lion iiponl ihe intere.<;iinf; subject of ourn.Mlb eastern boiin- d.iry. It sivesdiirerenl vievvsoftlie question than I iboso liereloi;,ret,-ilien,,nnil will bo found of an ulere.slin^charncler to all who appreciate the I importmecoftho subject al isnUB between our ^'overii.nent nnd that of Great Britain. If ih/sl -ubject is properly re ar.led either in refo eneof to its bearing upon the nation or -tate, it appears! MO us lint it cannot but carry with it that dc- I prce of interest ,^vhi(h will render very aecepta-l I every new devnicpeiucnt of /acts, or application I ; of principles which has any material application! ' lo ;he cj^c. ; An ar_liclo appeared in the National Journal "I the ]/ih May, on the subject of the Northeas- tern liouudary, wherein the writer >:ives an his- "Uic.il account of the snh|ecf, embra. in" the va- rious difli.'uliies which have arisen, as well as] the chums or prciPulious „f the firitish tonchinc !hat qucsli.m. While the cnmrnunicalion cnutai.is uuich Ihat IS valuable, it at the snuu- lime, see.us to .adujit ground ofdi.spule which do uot.zistl ,,imderihei.oaly._\Vilhont Iravellinz over tire I whole ^r,.„„„d occupied by the wr ter, it is pro- . posed iij this .. ,i_l;l,,as ihe. ippearance.A' indeed eariiesevi- j 'nee upon the face of it, of bavins been d.awn up with ^reat delihnralinn and care; and ihe ^'und.arie adopted by the treaty are the s.ime. ". Inch had .been tfie subject of disi nssion v .' ^ '.id been adopted .several months hef.re in ■: .■ pr.ovisional arii, lesof peace.— To find thercf .:e ihe cause of failure, we must travel nut ,.f il,c tr.-.aly and seek ihem in the acts or doings of the .-\aierieao, or British gnvernnu-nts. ~ This leads to the enquiry, first what are the claitcs or pretensions made by the American governments. ^ And secondly what are the claims or preten- Rf.nsmadeby ih* Piiiish government.? First the Amf^imn govprnment finind their chiiinsim the provisions of ihe (reatv. and insist th.U the line is the river t>'t. Croix.from its month to Its smirce, and .1 line extended 'due north '- from Its source to the highlands which divide " the rivers which emiitv into the Sf Lnwrene- "from those which fall into the Atlnnii.- Ocean " and thence pursuing t'le caidhii'hlands as the'v run m a general s..ulh westerly direction to the n rth westernmost head of Conneciicut river because the claim not only accords with the termsof the treaty, but, corresponds also will' linos which were before the treaty established oy t^ie Bntish, to wit the boundarses of Canada and IVova Scotia,and between them and the province ! of Massachusetts .Bay, which the ministers pro ' ably had m view, and adopted them as i-ir Jficon,'il)erin,,sh5:,.-e,n„K.„t,.|almaili'.e territory north ofMais Flill. and the ran'-e ofl hind from thence which divirle (he wa'ers flow- ing iiiin the St. John, from those flowinstan'' CBS of the eolotiies were .iich ,.s to require it - Such vvere the facts when the treaty was made | and It thence f„|lows that the line.i were "o be run and mouuineius established accoiding to thel rules giycii in ilip treaty ' b '" "lei fi Mi-.iy l.p s.iul.ilin St. Croix or ilio river desig-| I naled as a boundary was not kiiowu at the time,! I because it has since constituted a subject of dis- ' I pute between the two governments. The reply I I to suih an argument is that ejiiestion has [been defiiiilivel' settled, the rivat suiveyed, its! Isouree asi-erlained and the monument erected. — i, I If there weie any real uncertainty befoie, when j [the question was thus settled, all doubts and iiu-i Iceriainty were removed and the point of depar-j Itiiro was absolutely and conclusively fi.iied. — jif'hat questiim wereno.v open, it might be urg- ! that u must ha settled first, olherwi.se ll7e I j North-west angle of .Suva Scotia co'ild not be' Mound —because were it to be settled according' |te lail heights, and theref'ure ne\e: inlrndod lo be: iindi^fsKKid that thern was a range iif mountains generalij' eloiated abi.ve ihete\ri nt' ihe rjt Lhiv- re c«, Irnm one tu ten thnas.ind feet, but onlj intended tliat elovalioii, which di in (act divide the waters, ^iich a range nC land does exist &are tliund ; they are the highlands of the treaty. Tlie idea uf the writer is preposterous, and ne must have derived it from the niaiMinikers, lurlie could not have derived it from the treaty, if he had examined it earefully. Tlie uotnts resp' elivelyinS'Sted upon by the Itwo govt rninenis nave aire dy hten stated , and I we v\'ill ;iow suppose lliat iiisiead ot " highlands I &c. the expressions ol the treaty had been the ' river -•t. Lawrence, thence pursuing the general course of the river, soutliwesterl , &c. Would th« i:!ritisii government have pretanded that the Miorlli west ang e of '•ova _-cotia was foi med oy I the line drawn due norih to the St. Johns and '<>v !its I leiseeting the M. Johns, and nottheSt. l-aA*- Iran^e.'' 'i'liey might have don" so, and their Jar. unienls won d have been as sound and logi- {(■ai, as tiuy now are, in endeavoring to support their position, tli-'it tile hign arids of the treaty jure not between the ?^'t loiinsand :>t. l-awranee, ; but liei een the St. Johns and ' enobscot — tlius making a difference ol more than one nnndred miles in the northerly (nsilion of the easterlv Uixtreinity of the line, and u difference at least eipial to thedifference in the supposed case. strange and preposterous as it may seem, the British government do i '• I'x t ' contend th-tood lo belong to New Brunswick, but '• subsequently claimed by the commissioners of| ' the L. States appointed to negotiate with the British commissioners for adjusting the bounda- ■' ry linesof the two countries.'' ."uch arguments and pretene' 9, ifurged to en- '^orce any cairn to property in the ordinary bu- siness, transactions, the author of them would be justly 1 unsidered a knave or a (itol. fiere llie liritish government would moke Mars hill -the iiorilieast angle oi extremity of the U "tates.and ' cliiim the country on tlieBislnok and .Vsadawas- i'jl%a Iving west and noriiiwest of JVlars hill, or a II part ot'ihe province ()fNew ::rijriswick VVhete would thev fix tlie northwest angi of i\ov:i Sco- tia. — It wou'd have no siicii angle, it would how- ever, have a soutiiwest point or angle hi Iween the heads of the -t. Johns a branch of the Chau- dier and tiie Penobscot rivers. To come to such aresultihc treaty mii>t be maierially alt»red, words must be expunged, and vvoids mu.-t he supplied. Before the treaty, the province ot Neva Scotia was bounded west by a line running north fiom the '• source of tlie St. Croix, to the highlands, which divide the rivers which empty themselves into the St. Lawrence fi >in lioise which fall into tlie sea, and north by ijie^said liighlands and the bay of i'haleur." Thus before ihn treaty, the terriiury was not within tiie limits of tlie prov- ince of Nova Scotia, the treaty does liot extend Its limits ; hov/ then can that territory now be- iong to New Brunswick, -j province since the treaty set offfrom Nova Scotia ? The acts stated by the Biitish, which they say they have exeir lised, such as granting licences and other acts of sovereignty, are iressjtasses on, and violati.n.s of; our national sovereignly and rigliis i;f property- j What claim can be found on such acts ? This isi unlike the case of a new discovered and unin- habited country, wliere riglil arises only from possession and oicupancy, and the principles which apply in such a case do not apply m this.: Hecause llie country lias not all been settled by ^ us, are we lo be told iii violation of ilie compact, as die British told the Indians, you have not per- manently occupied and cultivated ihe country; you will not, you d • not need it, we have enter- ed upon it, we wart it, will make a good use of it, a d est nd and consolidate our power, and therefore will hold it whether you gi\e or with- hold your consent. Such reasoning is effectual only, when accompanied by a compelenl pliys- e writer of the article under consideration further says, ■' there are inlrinsie difficulties in Iheway. The country does not jnesent the ap- pearance it was supposed to hear at the treaty of; J'/SJ, when it liiul been part ally explored ; and inisia.cs of geographical position have undoubt- edly been made, winch must be corrected either by coiifining the lines lo the supposed intention of he commissioners who iiegoeiated the treat),; or so runniiig simie oftltciii,as ceitainly lo depart from their meaning by adiitnhg to geographical points. " How do these- reoiaiks of the writer apply lo the north i astern boundary .' The lead- ing niouumenUare the St. (Jroix, and the liigh- lands duiding I he rivers, or from wliich the north- west angle of Nov. Scotia 13 lo be established. Tiie St. (Jrinx is well known and esLabli.-hed, llie highlands soil as do divide the rivets whicli emp- ty m'.u the St. Lawrence from those which liill in tu the Atlantic Oceaiii (not mountains nor dues, the treaty ret^uire mountains, becau.se as has. be.* n Iiotore oliserved, tiio loinisteis used tlie term wliieh eijuall} contaiws all elevations^) aie ascertained and known to uxisi. ; 'I'ije range ol land lies in a Ncrlh-easterly , and .>outh westerly direct on, exaciiy as anvj jierson would stippiise' by reading llie treaty and casting liii ir eyes over - iicli. ils iV.ap. The! JNo.th West angle ot Nova : co.ia is formed by! an iniersHclion of' '.hi.s range of highlands, by a line drawn asiroiiomically duo north from lhe|, source 111' the .M. < roix. V^ here is the intrinsic'' difficulty, or the evidence of it as it reiatesto this [ part of the bouiidar) .'' luriher .said in the article under ciDaid- eration, that there is involved in the subject "a constituttonal question of immense importance, and one which may at oine future time be of aeriotis consequences." 1 It IK asked "can ttie Uovernment of the V. S. j alien the territory or any part of the toiritory of j one of tlie Stales of this confederacy ? (an ii do such an act by its own power or by the con-: sent of the. ^late whose territery is in queslimi ^ ' lia' e not each ol' the S ales such an ii i' re.^l in ihe integrity ol the Empire, that no mu-ilatiou ,can b'- perntited, without the consent of the whole ?'' I Noiwiihsfanditig the impression which the [subject seems lo have made and the apparen' inclination and opinion on the eonslitntion-ii {question, a censur-- is bestowed on the Legi-la j tine of the Stale of 'aine. because il is sai' they [r 'at a recent session proposed aW ajipropriati :. I of 1110 ey to c:ih'- '■: a .il!,enlo-i)ie the e^ ;dcnce o.ftitlri snd ai^ked ihecoDCorrenco ofulas-i sacliusElts, in wiiuli as) we think riglilly, this] Stale rel'used to join." The importance of this territory is represent- ed, as well as the very important interest which Maine and iVassacbuseiis have in il— Btill it is implied that it is itnpioper tor Maine to know iheir title or to collect and preserve the evi- dence of it, and the conduct of ."viassachuseits is cuninicnded Such doi irine may be approv- ed under other governments, where people are not allowed to know their rights, and are coin-j polled lo sul mil to the despotic will ofihe rulers or in the Ronisn t atholic Church where the la- ily are f-rbid the use of Scriptures without note and comment Icsi they should misunderstand theiii Such doctrines are not consistent with our republican inslilutions, or with common sense. Will the States in whom is vested ihe free, and the Stale in which i.s vested the soveT rcigiity also remain in a stale of perfect igno- rance of their rights and sii mit in the most por- lect stale ofacquiesence lo what may be done ' This in the ordinary concerns of life would cer-_ tainly he a most extraordinaiy doctrine II the executive or the Legislature of theState of Maine are.liableto any ccn.-urc, it is rather for not doing enough, than attempting too much The pubjecrat dift'erent times has commanded some of their attention, and basal every time acquired an increased ititerest. The spirit -of enquiry is now increasing and pxteniling among all classes of the community, and if ihe subjctl: is not abeady understood, llie time is approach-| ing- when the citizens of .Maine will understandj 11, however much indivi(lic,ls,or:he British mayi he dispos d lo keep tllfcm in ignorance. The ' que.sli'ir is a VI ry |dain one, and no man need isk any plainer or belter title to his estate than he reaiy give s— it vvould stand ihe the lest in anv euHahlcned judical liibunal of the U. d. or Great Britain. It .s presumed, all the mCnsiires of the fiov- ernmenl of Maine on this su' ject, have had the approbation of the prop e ; and il is hoped they will pursue the snbjeci, let it have the sanction of the wriier oi the article or tint, or let it be sanctioned by the British or those in the Briish interest or not. The claim is cle;-r and indubit- able, founded on a compact deliberately made and expressed in language both even -nd intel-i j,rihle — there are no inherent difficnllies, theyl a're all fonign. and introduced by the ■gnisp- ing cupidity nflkt Biitish lifter a few miles of lerrilorij. The ivriters in support of tiie British claim, endeavor to supply their want of title by heated, intemperate and ihreatcning language, they are entitled to the full benefit of their ar- gument, but at the same tiiiie, may have a pow. er to contend with, which will neither be dis- Uiihed by their zeal, or imtmiilal^d try^ll'-'ir ihicals. HQULTO." NORTHEASTERN BOUNDAHY. There will be found in this day's Gaz ette and (lie last Advertiser, a communi- cation reiiitive to lliat part of the territory ofthis ^'tate to which the British govern- moiit makes pntmsio7is ot claims. We arc satisfied that it will he read w th in- terest by all who appreciate the impor- tance of (hat tract of gountry over which a foreign power pretends to the right of |sove. eignty. . The first number under the signature of Taio in relation to the same subject, we gave some weeks since, -nd now present the second number of the same author. The productions under this signature are supposed to be written by the author of the able report which was madetoonr Legisla(urc during the !ns( session, upon (liat part of (he governor's message which related to (he same subject. It will be recollected that that report. j which we have also piiWished, was unan- jimously accepted. The presentnumber [is confined to certain historical facts, rela jlive to ancient grants ani claims of juris- jdirtion, overdiis and o(her (erritory, be- tween the British and French govern- menfs. /n aaditic.n (o the numbtis of Ca(o, we hope (ha( our friend wlio snb.soribes him- self " Citizen" will continue to favor us and the public with the result ofhis iiJves- tigntions. From the character ofhis first number, we anticipate much pleasure ;is well as profitable information, by a per- usal of his productions. The subject is assuming a character to elicit all the lighi whic!| can be bestowed upon it by (hose who will not for a single moment distrust our right of sovereignty over that part of our territory to which a foreign govern- ment has set up their claims. From our present understanding of;he nature and comple.vion of those foreign claims, we ^ might as fairly be e.xpected to yield- our ijiirisdiction to the whole state, as to that I part which is embraced within the di.pu I ted limits. j As,>,,,pu,.ed, /slial! now procoed (o noticel --.-.;.:oolthe historical tact., whicl, have rel.- , .0,, to ,he ^ram... a,„l clauns of jurisdicion, , bo I, of the French and Ornish covermeni ' I^.Uisa cmom with navi^.alors, when 'iheyl : 01. rover unknown land, i„ ,nake a iorinal ein-vf upon 11, disp.uv 11)011- naiiorialfia.r, fire a --af ,u.o, and enclose and bury in a"botlle a bri«lf . cciunl ofthe di..coverj., in the name, and for , Hie t-.enoht 01, he nation to 'which tbev belon' ■u .n,:h discovery docs not vest tile ri,.ht Sll ,^^■-■1, and jun::-Jicl;on,to the erjciusion ofth"' light .ictiuiicd D7.in,vaun, who bstoi.ieihc hist occnpanls The discovery of .America 'iv Coliimuus nnder the l^panish (la?, hajj never been considered by the European nations, as vesting the whole properlv and sovereignty ol llie continent m them- although, in addiUon lo llie niscovery, Pope Ale.\ander VI. granted them s-jch righto. The dilVerent nalioniof Europe, have, as in- terest or policy has dictated, sent their colonies to ditTereni pails of America, and have taken aclnai possession ; and all righis acquired oy such posse.-iSion have been .espected so I'lii as lliey have had physical force t-^ maintain them. The righis ac(|nii-ed by possession and in.iin- laincd, lire ihe only righis whicli are gene ally acknowledged and respected bv the common consent of nalions — Ii is Ihereiore a matter of ^110 importance in Ihe present inquiry, who was ,,.|the firS' discoverer of .-^Hierica or who vva« the 4|: fiist discoverer of any part cuhn- portion of it ; , i:\yhether It was a navigator sailing under the ■■V:Sj>anish, Portuguese, English or French flags ' ^flei the (list diecovfi-y of 'North Aniericn by .l^ohn and Sebastian Cabot in llie summer of 1 '197, no attempt was made tose.'lo it uiilil 1 i87 ihe attempt was made by the Ciitisli to scuttle a colony m \orth Carolina or Virginia- hut it was soon abandoned. 'Ihe coast, in th- niean-[ liine, however, was visilcd and e.iplored by the dilTerent nations o( Kumpe ; and as early as In78, great numbers of .S:)anish, Portuguese, French and E- glish vessels woie engaged in the hsherieson the coast. OnWio eighiii of November, 1603, Henry the ,,,1'ourth of (•■ ranee granted Acadia, to wit r All ./;„ that part of \orlli America, which lies between • the lorlielh andfo.tv sixth degrees of ■•orth Lalilude to -ieur J)c Rfonles, a gentleman of his bed chamber : constituting him l.lcutenant leneral thereof, and confering on him ah the power to subline the inliabilants, an-' convert lliem to the christian faiili. The palcnt Svas ublished 'n the maralime towns in France. Having equipped vc-scis for the purpose, he sailed M.rch 7tli, IGll4,to take p,.sscssion of, and Cbtablish a colony in Acadia. VI. Pourlrin- eonrt, to gratify his curiosity, and -^amuel Champlama^a Pilot, accompanied him- The, fath ol .\iay following, he arrived in Acadia, at a place now calleu Livci-p..ol. From thence he coasted along the peninsula, doubled Ci.pe Sa- ble and entered the Cay of Funday; on the eas- tern side of which he discovered a narrow strait, whicli he entered and soon f.-und himself :n a spacious bason, skirled bv fertile meadows, and surrounded liy hills, through whicli flowed a navigable river So deliiihled was Pouriri"- court with the place, that lie delermine-d to take up h. residence there, r.nd for that purpose^ ,° ,? ifib' ^"'''' " :- "■'^'" 0« Mon,es%iKi gav. It the name of l'oi;l Royal, !t is now cal- bd Mini polls, Di^vio tes pursued ,„s course up, and round the iKiy ot i uuday, u :JI he came to the mouth ol a large r.ver which he entered and navi-rate .' many leagues, and called it t. John. From thence he co-istej south we.sleriy, until lie came loan Isla.-dinthe middle of a river whi-h ' hampf.in had before visited. ihe Island appearing to tea safe and convenient station, :iiid the .se.ison being far advanced, he lesolved to establish nisw, liter quarteis th re. He gave I 10 name of St. Coix to tlie Island, '• because a lout two leagues above, there were small .-Ireains which c me cross-wise to fall within 11115 large braucji f the sea " 111 llie spring of I6iif., De Monies sailed aloi(5 the coast to Penobscot, Kennebec, i asio and other places as fiir as Cape ..d ; n„m which he relumed to St Croix, and inence lo I orl U.)ya|._ln the meantime, Dupoiii had ar- rived m a ship from Eran.-o wiih supplies of provisions, and a reinf ucemenl of forty men Ihe sl(,res which had been left at i. Cioi.x w.roihenremovcd (o Port t-loval, but the bu.l- -Migs were hit sian iii^. 'i hev eiecied biiil rtiiigs 111 Port R yal. and !>e Monies having ar-l ranged Ins .-ilfnii-s .n -eptember, ]60., sailed i '"I I'-m. e, le.nin Dupont as his Lieutenant, lo * jierlcct ihe sctri-iiiK ni and e.piore the countrv 'bey weni. on exp! .ring ihe coast and cle.inn"- tbo country and extending their setikm, oi.-; Ct several years. - 'two Jesuits, disa!,'vcein i Je those waters that empty themselves into the St. La\y- icnco, from those, svhich lah into the Atlantic o- oean. These Cwnmissioners assembled, and the Whole question was amply discussed by them. Af- ter various raeetingi ^-ooiisultationS|finding among them an ir.-cConcilahle difierence ol' opinior,, ■•. iiii reg;'id to the line, they snparatpd Vvfithout coming to -iny decision on the question, and the subject remained in statu quo. They differed essential-j ly, as to the line forming the northeastern bonnd- ury. This difference involves in its consequen- ces a territory more than ten thousand miles square, and is still more important in its political consequences, leaving us a large e-xtent uf sci- coast and very liitle inland teriitory to snpport it. The question turns entirely on the construction to he given to the second article of the treaty of 1783 ; — what is the northwestern angle of Nova Scotia, or in other words, what are the highlands intended by the treaty .'—The highlands"are de signaled as accurately as could be expected, con- sidcfing the circumstances under which the treaty wps formed. They are those, which separate wafers falling into the St. Lawrence from those whii'li fall in the opposite direction. There are said to be two rangesof highlands in this region one which runs south of the.Aristook, and which leaves the St. John, Matawaseak, &c. to the northward of it, and the other running almost parallel with the St. La wience, very nearly those designated as the boundary line on Gre^nleafs map of Maine. There are, in fact, no ehain of mountains or very prominent ranges of highlands in all this region, and it is of no importance to the present question whether there are or not : — it is sufficiently elevated to turn the streams in op- posite directions, and we care not what their ele- vation is above the level of the sea. That the U- nited States succeeded to the rights of Great Britain is a well settled principle, and the charter limits ofMassachusetts should govern in the loca- tiori of the boundary, unless it can be shown that their right was lost, either by abandonment — re- nunciation — agreement to a new boundary line, or by quiescence in the occupation of the lerrito-, ry by the British. Neither of those have takenj place vyith regard to the territory now under conr sideration. The boundary above mentioned was however finally agreed upon : — now if a line run due north from tlie source of the St Croi.t does not strike a range of highlands ill Mars-Hill, it by no means fiillows, tliatthev were those intended ; tlie treaty does not say, tfiat the_/Jrs( or second highlands to be met with in running a line due norili were those they intended, nor does it mean those separating the waters which fall into the hay of Fmidy from thosi! which fall into the At- lantic; but those, separating the waters falling into the St. Lawrencefiom those falling in the op- posite direction. The words of the treaty are j plain and explicit, and need not diplomatic aid to ! ho understood , they require no strained construe- i tion or forced reading, to make them speak the language we contend for, and the British pleni- potentiaries at Ghent seem to have thought so or they never would iiave proposed a cessio?i of: what they already had a right lo, and they are not a natitm very apt to overlook-their own rights and privileges. It is said (and the respectable; source from which I received my information will \ not permit rne to doubt it) that a line run due] north will not strike any- highlands at Mars-Hill, as the British allege; — to do that, the line must' run west ofdue north or"nortiiwest and by crook- ed''— a line drawn agreeable to the treaty,'will run into the valley of the St. John '"n five miles after leaving the source of the St. Troix, and tnuches no liighhiiids, until after it passes the riv- er St. John if this be true, it becomes a ques- ' tion of fact, and it only remains for the American ■ government to e;iuse an accurate survey of the' disputed territory to be made in order to carry the provisions of the treaty into effect. Its language is unambiguous and only those whom considera- tions of interest infiiienced would perceive any doubt or unccrtaintv in the delineation of the boundary line. ' .x CITIZEN. vSk ^t V; o liav'-' lius day coiiij'ictcii Jlie publJcaUoii hope, however, ho will thuik Ibetter oflhematlerandcoirtiniiehisinvcst'ga'ions lor suspend tbi'in only for a short period. Al- I though ho has broupjlit helbre the public many I Valuable facts and principles which liavc an im- Iportanl bearins upon the question at issue, still I there are other parts of the case 'which may bo Iprofilably invcstijrated What has tianspired [since the treaty of 1783 to the present time, be- llween the two nations in reference to this subject' [opens a wide licld for labor qnd research, the I fruits of which may bo profitably laid before ihc [public. This subject is every day acquiring additional! [interest. The iniporlance of the disputed territo- [ryto this Slate, find the momentous questional I that may be involved in an adjustment of tliedis- I pute, serve to increase that interest. It becomes I therefore the duty ofthose,who possess the means, [to lay before the public every important fact and [principle which shall serve to elucidate the justice lofour title. We sluiuld do injustice to the prodixlions ol "A Citizen" not to express our satisfaction at the lability with which he has punsued this subject. I We trust that that part of the conimunily to whom Itlioy have been extended have been riot only pleas- led, but profiled by a perusal of his numbers. For the JidvcTliser. NORTH EASTERN BOUNDARY. . WO. 6. I If any light whatever can le derived from an-;| cieni grants and treaties, and from the history ol the country, they show plainly to my mind, that the highlands intended by the treaty of peace, vvere those running nearly parallel svilh the St. Lawrence t — especially as by the charter of Mas- •sachusetls-bay, all south of the St. Lawn one be- long^:d to that province. Tiie commissioners, in drawing the boundary line, had regard, as I have Ijcfure roiiiarkcd, to the ancient limits of the col- ony ; but deemed it best however to bound it on the nortli by the highlands nearest the St. Law- rence. Content with these limits, this State only wishes such an adjustment as Vvfitl preseive her ter- ' riiorinl rights from infringement. Not being po,s- ■iCised of the restless, grasping disposition her Billisii neighbors attribute to her, she wishes the liillerence may be terminated so amicably and' satisfactorily, that each nation may preserve their respective rights. Siie might, with some degree of truth, retort on iho British nation, ihe language v.-anloiily thrust upon her that " they are a people " and government, who consider every thing they ■• can claim or reach as already their own, and " every thing they cannot, as an injury lobe borne ■' till they have acquired farther strength : in the ■' very terms of a prerious concession, they can " find subject for fresh demands." The above language is a pretty fair specimen of the spirit and" conciliating temper, with which the British i urge their pretensions. The rights of our State to t!ie controverted tract are I think indisputable — both from the grants and charters froui the En- glish crown— from the vi'ords of the treaty of peace, and from the long acquiescence of the British in our possession of it. The British have long wished to obtain the jurisdiction of the north- ern parts of this State, that they might strength- i^n themselves, and secure a direct eommunica- on between Canada and New Brunswick; and what they could not years ago ob'.ain by a ces- sion,thcy now endeavor to win by diplomatic arts. Our government, I trust, will not sutler them- selves to be wheedled out of their indubitable rights, nor sacrifice a valuable and important ter- itory, to conciliate the jeabus temper of our Crltish neighbors. IMassachiisctts, since Ihe rev-j uliition. and Maine from lH20,liave exercised the] 'urisdiction of this territory, and after a quiet pos- session of more than forty yHars,wo are now dis- turbed by this new and strange claim. AVe do not antic'ijiate. that the Excculive of the United States will ever yield to so barefaced a pretension, or that they feel any disposition so to do ; but if tliey should, we contend they have no right to yield by negotiation, without our consent, a terri- lory, the possession of which afl'.cts so material- ly our rights of property and State sovereignty Our own commercial and political importance, as a frontier State, renders cverv measure of the gen- eral government doubly interesting to us; but an extravagant claim to a large portion of our Stale, seriously made by a foreign pown-, reducing us thereby from a State of the first importance to a mere secondary stat:on, will, I trust, never be pa- tiently listened toby any American, much lessj by a citizen of this State. Neither the sovereign-|j ty nor the soil of any State are at the disposal ofj the national government: — as to all matters af-| feeling our territorial jurisdiction, we are free, sovereign, and independent — attached to the fed- eral body only by our compact. In the lang^iatre ofthe •Articles of Confederation — " each State retains its sovereignty, freedom, and independ- ence, and every power, jurisdiction, and right, which is not expressly delegated to the United Slates in Congress as.sembled " We have rights afii privileges, which it is not in the power of the general government to take away, and we trust, that the Executive will never suffer so large a por- tion of our State to be ceded to any foreign pow- j«r, upon so groundless and extravagant a preten- sion. I deem it unnecessary to treat any farther of the terms Ofthe delineation ofthe boundary ; the woidsof the treaty are plain enough, and easy to be understood — let them speak for themselves. My object was simply, to lay before the public the few facts in relation to this claim, which 1 was able to collect, and to bring the subject be- fore thi-m, that they may see upon what sort of a loiindation our claim rests. After n quiet, unin- terrupted possession of this territory for so many j years, we ought not to be disturbed by a flimsy pre- tence got up to harr^jss us 'i'he British agents have long been on the alert to obtain evidence to support their ihiini. and to catch " at any peg whereon to hang a doubt." It behooves ns to be mindlul of our rii:)its. and to be prepared manful- ly to assert them, and not to be bullied out of them by any language of theirs, Iiowever severe and threatening. If J have aided in any measure, by bringing a few facts belore the public, in awaken- ing their attention to this subject, I shall not think I have labored in vain, while I leave tb.e farther discussion of it to abler pens than mine The vast political importance of this tract to us, as a future source of revenue, as a foundation of an ac- cession of wealth and strength to us, cannot be too often brought into bold relief The future prosperity ol our State is deeply involved in the decision of this question, and an awful responsi- bility rests on those, to whose care is confided the protection and security to us and our posterity of so large and so valuable a portion of our country. A CITIZEN. __ , disposed to disturb any thing which was thuB "There ffnot to out Unowiedge, any controversy as to Ihe point where the unsettled boundary com - I niei.ces, nor as to the course ot tlie hne,-lor a 1 \ parlies commerce their surveys at the same point, to wit, at the monument, and run tlie same course. , The controversy is as to the length oi the hne, or in other words, what is meant by tl.o North-wosv angle of Nova Scotia and the highlands, as descr.b- v ed in the treaty. The boundaries ot tne Uu> ed States ate described in the provisional articles be- tween the United States and Great Uritain, and ore incorporated into the definitive treaty of peace, ; I with a preface which gives them an increased so- ; leinnity and eSTect. ,. ■ . ... The first part of the second article of the treatj is as follows ;— •■ And that all disputes which might 1 arise in future, on tTie subject ol the boundaries ol i the said United Slates may be prevented, it is here- by agreed and declared, that the following are and shall be their boundaries, to wit : From the North- western angle of Nova Scotia, to nit, that snglc which is formed by a line drawn due North from the source of the St Croix river to the highlands, a ong the said highlands which divide those rivers which empty themselves into the St. Lawrence, trom those which fall into the Atlantic Ocean, to the. ■ North-western-most head of Connecticut river,— ; thence down along the middle of that river to the forty-fifth degree of north latitude,'' &c. We have hsretolbre observed that the only point i which admitted of doubt in the description ot the ! North-eastern boundary, was the Iqf ality ol the riv- . . er St. Croijc, that being the point of commencing ] the line defined by the treaty. Until that was set- ;. tied, the guide for finding the Northwest angle ol | Nova Scotia could hot bo reduced to mathematical certainty. But, when settled, it became a certain and definite point, from which connected with the V'.. other part ot tho descnpLion, towlt, il-.e highlands f;:A, which divide the waters which empty themselves [,; ^, i-ito the St. Lawrence from those which fall into ia-i/ the Atlantic Ocean the Northwest angle of Nova °4'i Scotia and the Northeast angle of the United |g'^ States and this State with the intervening bounda- fe ', rycan be ascertained with absolute certainty. The ^ki'. treatr has no reference to any other description or 'J' ' boundary than such as are contained in its own '' . provisions ; nor has it any reference to any rules of , construction, or points for ascertaining its monu- inerfts, but such and such only as it gives. There is no ambiguity in its language, nor can there be any upon the face of the earth. It describes two classes of rivers, — one emptying themselves into . the St. Lawrence, and the other into the Atlantic Ocean. It describes no third class, and all the riv- ers connected with the description of boundary I must, therefore, be embraced in one or the other of the aforesaid classes. INor does it mention the particular elevation of the highlands dividing the waters which empty themselves into the St. Law- rence liom those which fall into the Atlantic O- icean. And their particular elevation is of no con- lequnce, whether they be ten thousand or one housand feet above the level of the sea 5 it is only ecessary the highlands should beof sufficient ele- .ition to divide the waters. There can be no doubt lat there is such a range of highlands which do di- ide the waters emptying themselves into the St. ^awrence on the one hand and the Atlantic Ocean , n the oth&r. Lest there should remain any doubt, n the description of the Northeastern boundary of he United States, it is again recurred to in the alter part of the second article of the treaty from hich a quotation has already been made, in the ■ Mowing words : — '* East by a line to be drawn a- on^ ihe middle of the river St. Croix, from its 'louth in the Bay of Fundy.to its source, and from ts source directly north to the aforesaid Itighlands ^hich divide the rivers that fall into' the Atlantic ')cean from those which fall into the St. Law ence." Here again — but two classes of rivers are recog- iizod as having any connexion with the boundary, n ascertaining its position or locality on the face if the earth, nor can we imagine that any other ;tas8could have been in the minds of any of the I^ommissioners. When all the descriptions are so :iear and precise ; when we can discover nothing to excite doubts, we do not, an 1 cannot doubt. The rule for settling the boundary definitively, is clear and plain and explicit. Nor can we forbear 10 remark, that if views of national interest did net >,it:>-ferRt.hp(e woald he no dilBculty in ascertaiitir You. committee have examined the subject, w, I all the care a-d deliberation in their power, ana a e not aware that much, ifany light can be deriv- ed from the ancient grants, P'-"'^!'-""''",""^ ""f, treaties of the governments ol France and Grea^ Britain, because there seems almost always to have b^en conflicting claims "f J""=dict,o.., and few or no certain boundaries established. I he war of 1755 terminated the power off ranee in Canaoa :„dlcadie, and by the treaty of Fomambleau, which terminated that war, she ceded those prov inces to Great Britain. G.eal B""iy'„'''^"< „ came as much possessed of Canada and N"V'' J'™: ' tia, or Acadie. as she was of her other colonies m North America, which she had settled and protect- ed ; and had over them the same political po-ver and the same rights of changing, altering or mod- ifvini^ their jurisdictions, boundaries and goveri - ment°s. Such continued to he her rights over all her North American colonies until the Kevolution had consnm'raated the treaty of 1783. The revolution brought Into existence a new power, which Great Britain reluctantly acknowl- edsed but when she consented to treat with that power it was comoetent for the great contracting 1 parties to make compacts, to prescribe such limits, and to establish and define such boundaries, as they nleased. This they have done in the treaty. \V lier- everthe descriptions in the treaty are clear and not perplexed with ambiguity, there seems to be no necessitv for resorting to any thing beyond its own provisioiis to settle its meaning, more especially when the instrument itself contains no such reler- ^"tiIc treaty of 1733 contains a very cleat descrip- i tion of the line constituting the North Lastern Boundarv of the Untied States. The description is so accurite and well defined, that it could never have bfen doubtful, except at one pomt, to wit,- wbich of the rivers falling into the Kay of Passama- quoddy, and ultimately into the Bay of Fundy, was the true St. Croix thereby intended. 1 lie Commis- sioners appointed uuder the treatj of 1794 have settled that question ; and although there was much reason for fixing on the first river west of the St. John, as the true St. Croix of the treaty, still the Commissioners finallv fixed upon the Schoodic as the true river, and ascertained its direction trom the mouth to its source, and settled the line to the m'.nument which they erected. Honever hard the bargain was for us, we were bound-in good faith to a-on-'i^ce in th" re?-iU. and stHl do,.T,d aiero: t^ I ! •'"^- ■ aL'EBEC, MARCH 8 I Yesterday, His Excellency, Governor Dal- lioUEie,addre93ed tlie Legislature with the follow- ing speech : " Crf.ntlemen of the Legislative Couneil; " Gentlemen of the ^sscmHy — " I come to close this Session of the Provincial farliamonl, convinced, by the state of your pro- ceedings, that nothing liUely to promote the pub- he interest can be now expected from your de- liberations. " To you, Gentlemen of the legislative Coun- cil, who have attended your duties in this Ses- sion, I offer my thanks on the part of His Majes- ty, asanacknuwledgcment of the regard which, by your presence, you have shewn to the wel- fare of your Country, and also of that proper re- spect which you have manifested for the Sover- eign from whom your honors ars derived. "Gentlemen of the jlsaembly— I " I( IS painful to me, that 1 cannot tjlaak my scntim(;nts to you in terms of approbation and thanks. The proceedings of this Session impose upon me a duty, of which however unpleasant, I will acquit myself as a faithful servent to my King, and a sincere friend to the Province. " Many years of continued discussion on forms and accoimts have proved unavailing to clear up and set at rest a dispute, which moderation and reason^ might have speedly terminated It is lamentable to see, that no efforts or concessions of His .Majesty's Government have succeed in reconciling those differences of opinion in the Legislature : but it is infinitely more so, that dif- ferences on one subject sbuuld cause a rejection of every other measure which His Majesty's Governmont recommends to your consideratien. " The duties expected of you in this Session were not difficult ; among the first was an ex- amination of the Public Accounts of last year, ind a report upon them, whethei of approval or otherwise ; has that duty been done so that your country can know the result .' 'Have you ssnsidered the Estioiated Esper.di- tiire tor the current year, and granted the supply required in His Majesty's name.' or have rea.^ons been assigned for the refusal of tbein, that can be know n and understsod by the country.' " Have the Messages from His lajesty's Representative been duly acknowledged, and an- swered according to the rules and forms of Par- liament, or according with the respect which is due by each branch of Legislature to the others.' " Have the Rules or Orders of proceedings in ! the House of Assembly been duly attended to, ill so far as they effect and recognize the Prero- gative Rights ofthe Crowni" " These are questions; Gentlemen, which you are now to ask yourselves individually, and an- swer to your constituents on your return to ihem. " These are questions which you are to an- swer to your own consciences, aa men who are I bound by oaths of fidelity to your countryand to 'your King. '' In my admini.stration of this government, I have seen seven years pass away without any conclusive adjustment ofthe public accounts; thus accumulating a mass for future investigation, I which must lead to confusion and misunderstand ling. In the same years I have seen the meas- I ures of government directly applicable to the ; wants ofthe Province, thrown aside without at- (ention and without any reason assigned. I have seen the foruis ofParli^iment utterly disregarded ; ' and in this Session a postivo assumption ot Exe- I cutive authority instead of that of Legislative, ' which last is alone your share in the constitu- tion ofthe state. '■ The results of your proceedings in this Ses- sion have been, the refusal ofthe supplies neces- sary for the ordinary e.xpenses of Government. ' tlie loss of the Militia Bill, the failure of all pro- visions for the maintenance of prisoners in vour Gaols itod Houses of Corrcriio n, for the s upport of Insane and Fijiiodli ments of Education and nd for thn establish- Charity, and a tota obstruction of local and public improvement " In this stale of things), and with this experi- ence of past years it is now no longer consistent iwith a proper disch.irge of the high trust com- mitted to me, to entertain hopes of a return to belter reason in the representative branch of this Parliament ; but it is still my duty to call upon you ag public men, and to call upon the country, as deeply interested in the result, to consider seriously the consequences of persever- ance in such a course. : " I shall conduct the Government with the means in t-iy power, with an undiminished de sire to do good ; but while I must submit myself to the interruption of all improvement, undei' the authority ofthe Civil Government, I will de ^ dare my deep regret at such a state of things ,' I think it right to convey to the country, a free ' and unreserved expression of my sentiments upon I tlie public misfortunes ; and I will leave no doubt on the public mind ofiny determination i.> perseveie firmly in the path of my duty, with a laitht'u'l regard to the rights of my Sovereign, with which aie also combined the best interests ofthe Province, " It only remains for me now, compelled by existing circumstances, to prorogue this Farlia- inent, whatever may be the inconvenience re- sulting to the Province from such a measure.'' We copy the following remarks from the Can adapapeis. in relation to the foregoing speech of his Excellency. Loicer Canada.— The Speech of His Excellen- cy the Governor in Chief, on proroguing the "riivincial Parliament of Lower Canada, will be found on the fij"st page of our paper. This Doc- ument, which appears to have been penned un- der the influence of highly excited feelings, can- no- fail to be read with deep interest, not only on account ofthe peculiarty of its style, but be'- qiuse it heaps upon" a co-ordinate branch of" the Legislature' the most unmerited obloquy, merely for adhering strictly to Constitutional principles. Upper Canada Herald Bkockville, (V. C.) March 19th The.Lowcr Canada papers of Wendesday last brought us the unexpected intelligence- of the Priirogation ofthe Legislatiire of the Province. — Tne Money matters, ao long in dispute have been the cause. The assembly w ere dismissed with no flattering compliments, and his Lord- ship's Speech has the appearance of having been I imposed under the dictates ofa heated imagi- nation. It is however to be hoped that the As- sembly will not give up the rights"of their Con- stituents either through pusillianimity or mer- cenary motives — Rtcorrter. POMLAOT: -TUESDAY, MARCH 13, 1827. HALE'S MAP OF NEW-ENGLAND. Messrs. Ehitors: By publishing llie foUowing abstract of a pa- per (liawn up for another purpose, you will oblige several subscribers, Yours, A. B. The .Map of the New England States by Na- than Hale, Esq. is a work in which he has bfiStowed very eossiderablo pains and e.vpense, with a view to render it as perfect as was m his pi'wer. It is therefore considered deserving of a discriminating patronage ; and is entitled to a iibc-al consideration of the circumstances under wl.ich it has been executed. The growing impoitancc of this section of the union, the increasing intercourse of its inhabi- tants, and the increasing travel into it from other parts of the fonntry, unite to interest us as well ,ns our ne'gliboring states, in the having ol a good ■rmeral map of JVew England. Our own 7-c?/x- !'>e c.'tcnl also, and laudable objects of local iiiiprnvement, which iritorost' us in such a map, j give some claims on us for patrona-.'O. j Fro.ni the form, of New England, extending , from the 41st to the 4!Hh degrees of latitude.and spreading over a space of six degrees of longi- tude, lying ajong in an oblique direction, upon the .Atlantic, it becomes difficult to comprehend the wholS in a map of conijenient size and .sliape, — or to extend it without inore'than propor- ;,ionate cost. ^ - ' Hence an apology arises foi the. neGe.?sity, whicii the arbor of the ihap has been under|to ' exhibit a section of our territory separately, in ^•iib a manner ns to HII up an otherivise vacant ■ iiid useless part of the field ot the cngravitig.^- I This portion of it appears to bc'exKcuted in a I very beautiful stile. And when it is ieitifim ber- j ed, that Maine is nearly half of New Englapd, j and that the northern division xjf this State re^ I mains principally in an unsettled and aucultiva- ted situation, less objection may exist. ' The supplcmentay section is elegantly engrav- i ed, and presents a view of the wliole of our dis- ! putfid territory, with a large portion of the ad- I joining province of New Bninswick. The map j also contains an accurate sketch of the contiguous : territory of Lower Canada :' and shews at one ' glance the course of the streams that fall into llie ; St. Lawrence, together with all the great branch- es of the St. Johns. Although this map is not confined to a gio- j grau.'iical survey of the mere face of Maine, it is nevertheless the best existing map of the Slate ; and its value can scarcely be considered as di- i •minis/led In/ its appendages ; but, on the other hand any disadvantage in regard to form,may bo • recci\ed as at least compensated by these exter- ior and extra improvements. It exhibits all the new locations, alterations and improvisments, since the publication of .Mr. Greenleaf's valuable miip ; and has been compiled, as the author ob- serves, from all the plans, charts, surveys and other d.::cument5 that have been published or wliich he eould piocure from public or private sources, wiili whatever could be attained by ac- tual observation of many parts of the country. The question relative to our North East- i erti Boundary is fast di-awins' to a crisis. — ' The outrages reeently [jcrpctrated by the Britiah uutliorities of New-Brunswick, are such as caiuKit be loiifrcr wiukodout of sijrlit. , It is tiiiifi for tlie people of this State to know that ihey are in danjiei" of bein-!: stripped of | one third of their territory. If this subject has hitiierto excited but little interest among the people of this Slate, it is because the na- ture and extent of the British claim has not until lately been generally understood, and \'. e appreVend is not nosv understood so gen- l; ;illy as it deserves ta be. The British ihiini by 11 lino drawn from Mars Hill to the K;:tahdin: and from the Katahdin by a line drawn along between the heads of the streams which empty in the Penobscot and those wliic.1i empty into the St. Johns, until ' it strikes the dividing line between Maine and Lower Cniiadu. If the reader will look at the Map, lie will see that it cuts off from i,Wni')ie a ierrUory/ equal io the ivhole ofMassa- chusitti. The land itself, it is said, e.'sceeds in fertility any traet of efjiial size within- N Eliglar.d. Here t''£i) i^ a. territory capabli of sustaining a jiopulation of half r. million, within the rightful jurisdiction of Maine, which we are in danger of having Vvrcsled from us forever. Our title to this countr}', we say, is as clear and indisputable as it is to any other part of the State. The JJritish may extend their claims to the Kennebec en the same grounds |)recisely that they claim to the Penobscot ; and if we yield to this we caniiot know what pretences will be set up afterwards. The treaty of 1783 establishes our hoiuidary too clearly to be misunderstood, except by those who are determined not to imdersiand it. — The treaty is so explicit that the ))co]i!e of this State have never supposed that it could he brought into doubt, and it is with as much surprise as indignation, that they liave seen the nature and extent of the British claim. But if the attention of the |ieople has been less directed to this subject than its im- portance deserves, their feelings will be a- | roused, by an event that has recently occur- ' red, in such a manner that they will not be \ easily quieted. Mr. John Baker, a peaceable citizen of this i State, occupying a farin which he holds un- i der a joint grant from Massachusetts and ■ Maine, has been arrested within our own territorial jurisdiction by the officers of the pro\iti(e of New-Brunswick, accompanied, as we have understood, by an armed force, 'and carried to t'redoricton, to answer to the iBritish King. We have recently learnt that he has been tried, eonvicted and sentenced to pay a fine of £130, or iJGOO, and to be iin- prit-oned ibr six njouths, a;id that he is now dually incarccrateil under the sentence in Frede.i'ickton jail. What measures will be adopted by those to wliom it properly be- longs to uphold the dignity of ^le country, and protect the violated rights of the citizens, We of course cannot know. That all will be done, wljich can be with propriety by the government of this State, we feel the most l)erfect assurance. In the mean time we should consider ourselves negligent of our duty, if we diil not call the attention of the people to this fiaar.-int vir.lation of their dig- nity and their rights. Biit we forbear for the present fi-om expressing those feelings which this subject so forcibly excites. ^rgus. V-'.-* ■m w^^^ ZQ&TON, FRIDAY, NOV. 9, X«'27.- S i IMPGRTAI'i-T. N. E. BOUNDARY. The Counliesof Hertford, Devon, and Corii- • allis, in lower Canada, have, at separate -T.eelings, passed fhe' following REfiOLUTIo'jYS. ■?. Resolved, That the establishmentEto the South .^t the St. Lawrence, fiom opposite Quebec to Metis, T;e bouiuied by heights, at the distance of from 2 to 12 ieigues from the bs^nk of the river. 2. That this part of the country is surcharg^eci ^'ith. j -■^iiabitiints, vvho have no means of establishing them- t(ves in the neighbcrhood of their friends and fanii- i^-;sj where tiiey could the more oasily receive the .id and assiatance indispeusible at the commencement .w ao cstabhshment. S. That froin beyond those heights, run the waters of the river St. Juhn^ upon the borders of which there is :^M extent of land of about 15 leagues in siiperfice, al- .'^L'ether prr.per for the (ormation of a new establish- i at, and otforing an opening, near and convenier.t --■r the superabundant populatior: of the antient estab- j I.^unlent5. 4. Tint the opening of these lands bcintr ■'■nee commenced, this part . of the Province ■•ill becojne, in .a little time, one of the most ;,.onrishiiiir portioiii? of tlie domains of His Ma- js.sfy, as wsll hy i'.3 nafiu'al fertility af by the multiplied communications of the dill'erent b.a.'icaes of the river St. John. D. Tliat onr neighbour? of the Uniled States .■ America, could not see, without covetting", !'.c line plains of this p.irt of North America, ■ v iiioh oiier to the industry of man a theatre the f'st vast mid advantageous; • '?■. That the rneasures for the establishment :r this part of tfie Province are unhappily ar- rested by the pretensions of the government of ■he Utiited States, raised in tiie course of their i.egoliations with the government of His Ma- jesty, upon-all the lerritoty situated from the source's offlie river St. John to the distance of 2 to 12 leagues from the banks oi' the St. Law- rence. 7. That ii is for tire greatest interest of Lo-a- er Canada, generally, and particularly for tli:'.l part South of the St. Lawrence, containing a jjopulalion of about 80,000 souls, that the ju.-t :;ghtsofHi3 ]\'!ajesty upon this extensive couti- "T, be promptly recognized and established. Sj. That they are convinced of the injustice nf the pretensions of the American Government, and that they will not regard any sacrilice on their part, as too considerable, to second the vie-,\5 of His Majesty's Government in the pre- servation of the land claimed. 9. That the safety and future grnvvth of the -J ver part of Lower Canada depend upon the 'jnstai:t firmness of His Majesty to maintain .-s just rights; and the hopes of the rising feneration repose upon his promptitude to cause to cease all doubt in this respect. 10. That the inliabitants see, with alarm an'' ' regret, that this intere.sting part of the pos- ses'-ions of His Majesty is despoiled of its wood, to the great detriment of the subjects nf His Majesty, who ntay eatabiish themselves there ; and that nothitjg is more proper to discourage 1he injurious depredations, than to form some sstahiishraents there. 11. That a Committee be appointed to pre- T>3ie sn humble petition to His Majesty, em- bi'-acitig tlio-sentinients and views of these meet- ii.'gs ; and .supplicating hun to give to the .sub- ject .'ill tlie attention it merits. Of the meeting in Hertford County, Colonel Frazer was President, Capt. Girard, Vice Pre- sident, ^nd Capt. Louis Biais, Secretary. Ofthe meetini; i'l lie Cnnn'v ul' Devon, Mr. •"ft :n, w -s '':e.^i.'!Ent, and Mr. 'Lefourneaij, Secretary. Both Jlembersof the Provincial Parfiament. Of the meeting in the County of C"rnwal!is, Hon. Mr. Tache was President^ and Mr. 1. Ij. Tache, Secret.ar^^ Committees of Correspondonesvycre appoint. ^d, ' The QiiobecOId Gazette says, "It has been observed that t\\e fixture importst-n-.^ — C J^„-«..»r 1 Canada depends eulii'ely upon the decisiori o{ ihis .question; that it will no longer be dry thing if they take fi'om it 1500 leagues of its t(;rntory, in one of its most fertile parts,' and ihat it is for the interest of England, /of 'the Province, and of the inhabitants, that' this im- mense e.xtent of land he not disriicmhercd from Lower Canada. The King la to be petitioned :o grant lots of 100 acres to each individuii! "who will settle on it. The above Resolutions are published 'in French in the Quebec Gazette of the 25th ult. — and not with an English translation, as is 'lyual. It v.'iil he among the greale.=t subjects of re- gret in this unpleasant alfair, if it shall be sup- posed to interfere with the interests of ouj- Canadian frieiids, and that they should yield to ;ii;y excitement on the subject. FROM THE POKTL.VND ARGUS. TVe have been furnisljed with the following, i v.iiithw'ere anrong the Toasts, drank at the darner givetr Maj. Enooics, menlioned in our j last. I _ Ey the President oftiiedav — Our Country. 1 By John MussEY, Esq. Vice Presitient — I The President ofthe United States. ] By Judge Ware — The Slate of Maine— may i ■iha stand for her rights, and he contenli. with \ vio'.hing short of her whole right. Eiy the Hon. iMr. Williams — John Eai;ek. Tvlio holds under Massachusetts and Maine — If ejected, may he vouch in his warrantors to iiiaintain his title. By Dr. Rose. The territory and rights of fi-.e State — The General Government, by their oidigation to defend the latter, do not acquire the right to barter the former. 3y Dr. V/eed — .The memory of Gree?,-, K^'oy, LiscoLN and Brooks. By the I-Ion. Mr. PARRis.-The memory of ■ToHiv Brooks, — the man who evinced his pat- rintisin by devoting himself and all his sons to tie service ofhis country, ■ -Major BsooKs exnrpssejl, in very handsome terms, his sense of the attention and regard sliewn him Oii tiris occasion, and gave The town of Portland — accoinpanietl with the sentiment of Robert Burns : .4^ w / ^f COLONIAL QUESTION. Tlie question substantially at issue between tlie United Stalbsand Grerit Britain, is, whether '!/■ ports shall be open to all her shipping, while those of her depeiidt^jicies are closed against ours. We ar6 in the same hemisphere with her American possessions. Before the revolution, wc were parts of the same empire. We then enjoy- ed an intercourse with our sister colonies in the West Indies, and on this continent as well as equal freedom of the fisheries. Our common and rightful privilege of the last description, was se- cured to us after the division of the sovereignty by a perpetual compact. But the British gov- [ cniment has appeared disposed to make us pay | the penalties of our successful rebellion, by inter- i dieting us from commercial intercourse with her! West India Islands, — while other nations upon a more just and liberal policy have opened theirs ; to us. Shut up, as it were, by her insular estab- lishments in the Tropics at one extremity of the union, and sustaining a severe and heavy pros- 1 sure upon our northern and eastern frontier, wo seem to be deprived by England of the advan-j.: tages wc were destined to enjoy by nature. — The truth is, that Great Britain is still attempt- ing to impose the shackles of her Coloni:iI Policy upon us. Her system has always been a narrow one of close seas, strict navigation laws, mercan- tile monopolies, and <:ommercial restrictions ; and she sets up lier offensive pretensions in our immediate neighborhood, with a sordid and cal- lous indifference to the interests and happiness of whole communities and the rights of independent [ republics. Against this persevering attempt to deprive us' of the privilege of a free commerce on the whole j American side of the Atlantic ocean, it is our dn- i ty to assert what we may consider our natural! rights, and to oppose all the means of defence in our power. We have succeeded in maintaining! our right to the navigation of the Mississippi, and obtained a better security than the right of de-| posit at New Orleans ; and John Bull has got to learn the nature of Brother Jonathan, if he imag-| ines that these " North American Republicans" are to become the vassals of Liverpool and Shef- field, or our rights are to be sacrificed to the in- terests of Nova Scotia and New Brunswick. The true foundations ef our commercial policy on this subject arc acknowledged to be laid down ill Mr. Jefferson's CommerciaJ Report in 1793, vvlien he was Secretary to Washington. And it is represented as a fundamental article in our system, from the earliest operation of ourgovern- ment — to regulate our commercial intercourse witli all nations upon terms of equality, to be governed by an exact scale of justice, and adopt a perfect rule of reciprocity in our relative inter- coLrse with foreign nations. Mr. Johnson of; Louisiana, states in his speech in the Senate, in reply to Gen. Smith, that the principles of Mr. Jefferson's Report agree essentially with those of j Mr. Madison's resolutions. These, he says, " contain the true republican doctrines of that day, and on whith our commerce and navigation . have been founded. They have been confirmed by time and pra ctic e, and ha ve b ecome the settled polRv ul'iho coiuiiry, iiom ivhicii wc cannot cic- part without an abandonment of our principles, They will be found a sure and safe guide in ai: times. We grant that Mr; Jefferson was fre qucntly successful in laying down the'soundesi maxims of political liberty and economy ; and shall therefore borrow from this Report the fol- lowing passages, to which the attention of the Senate was recently invited, " But should any nation, contrary to our wishes, suppose it may better find its advantage by continuing its system of prohibitions, duties, and regulations, it behooves us to protect our citizens, their commerce, and navlgatin, by coun- ter prohibitions, duties, and regulations, also. Free commerce and navigation are not to be given in exchange for restrictions and vexations: nor are they likely ti produce a relaxation of them." " Were the ocean, which is the common projjerty of all, opentothe industry of all, so that every person and vessel should be free to take employment wherever it could be found, the Uniied States would certainly not set the example of appropriating to themselves, exclu- sively, any portion of the common stock of oc- cupation. They would rely on the enterprise and activity of their citizens, for a due partici-L pation of the benefits of the seafaring business, and for keeping the marine class of citzens equal to their object. But, if particular nations grasp at undue shares, and, more especially, if they seize on the means of the United States, to convert them into aliment for their own streno th and withdraw them entirely from the support of those to whom tkiy belong, defensive and pro- tecting measures become necessary on the part of the nation whose marine resources are thus invaded." " Where a nation imposes high duties on our productions, or prohibits thein altogether, it may be proper for us to do the sauie by theirs." " Where a nation refuses to receive in our ves- sels any productions but our own, we may refuse to receive, in theirs, any but their own produc- tions. " Where a nation refuses to consider any vessel as ours which has not been built within our Territories, we should fefuse to consider as theirs, any vessel not built within their Territo- ries. " Where a nation refuses to' our vessels the carriage even of our own productions, to certain countries under their domination, we might refuse to theirs of every description, the carriage of the same productions to the same countries " The establishment of some of these princi pies by Great Britain alone, has already lost us in oui commerce with that country and its pos- sessions, between eight and nine hundred vessels, of nearly forty thousand tons burthen, according to statements from official materials, in which,,,,.. they have confidence. This involves a propor- \i tional loss of seamen, shipwrights, and ship- •«[>!<. building, and is too serious a loss to admit Sor-^J>/ bearance of some effectual remedy." hij'^ " It is not to the moderation and justice ofii-'' others we are to trust for fair and equal access tO| market with our productions, or for our due share in the transportation of them ; but to our own means of independence, and the firm will to use them:" In farther illustration and enforeement of this cardinal principle of our commercial policy, we select the following portion of Mr. Webster's speech on tliis subject delivered in the house of Representatives on the question of amendment to the Senate's Bill, which was amended according to this principle by the house and rejected by the senate. ' ' "Mr. Webster said, he thouglit the House could not be too prompt in repeating the declar- j avion which this Government had ever maintain- ■ ed, that we would have no commerce with coun- tries or places where our oicn .•'hips were not I ^ <(. permitted to go. To gi', e up (his principle, would be, in his judgment, to abandon one of the highest interests of the cuuntry ; to doubt about it, was to hesitate on that interest. While he' would propose ijie most reasonable terms to the! English Government, and while ho would give! the most ample time for a deliberate cunsidera-, tion of those terms, he would, at the same time, express thc^ettled resolution of this Government,! in the form of law, rbat if r easotiabU terms wire, not acceded to, the intercourse must cease. OiV this point he would leave our great commercial rivals nothing to hope. It was the more neces sary, he thought, to incorporate this provisioi' into the bill itself, since the Eiii'Iisli Govi-rnmeiU, he must confess much to his surprise, had recent ly manifested a disposition to decline negoiiatiur on the subject. For one, he held the opinion fjfmly, that, look ing to the great objectof naval respectability ihk naval power, and looking, also, to the severe am arduous competition which the shipping inttres of this country teas now obliged to sustain, al commercial regulations ought to be adopted will a careful and constant regard to that interest, A betvvrocn commerce and navigation, if, under tin pressureof circumstances, either must yield sout--^ thing of its conveniencies, he had no hesitation tty say on which side that concession should bt made. He would never consent, under any cirj cumstances, that any branch of the commerce Oj the country should be exclusively carried on the ships of foreign nations. If others could doubt on that point, he coul' not ; and he should strenuously resist any af proach towards yielding it. He believed nothiil was to be gained by that excessive landor whicl. borders on weakness. He thought our true poll cy viasto maintain the ■principles which toe er\ had maintained ; to insist on all the just interests of ov.r shipping arid navigation; to say at oncel that if we cannot go to others, others shall not; come to us ; to propose fair and equal terms, and I to say at the same time, and by the same ict, that, if those terms be not accepted, the inter- course mutt terminate. Thus making known our moderation, our reasonable forliearance ,Tndi delay, but making known, also, at the same time, j our firm determination to insist on eqiuihtii of right, in a matter interesting not only to' lie prosperity and. wealth of the nation, but to lis power and its glory." i Among tiiu observations of Mr. Johnson ,i Louisiana, in his able defence of the roeasiiic founded on this principle in the Senate of :iio United States, he expressed himself in the follow- Ibrcible manner. I have consulted these principles in the present case. I have taken them fur my guide. I bcleive in the imperious duty of those who di- rect tlie councils of this nation to preserve the rights, the character, and the dignity, of the n.-i- tion, by an adhearence-to known and approved principles, and by following out to their resuiis the maxims and truths of political science, whii h time and opinion hitve sanctioned. I be" tire gentleman from Maryland to look to great prin- ciples, not to temporary e.xpedients : to meet Great Britain in the true spirit of the nation ; not by humiliating his country before her. Let' him remember that submissioa never set bounds !.■ encroachment ; that free trade is not to be given for restriction and prohibition ; and acquiescence will not obtain a relaxation of them. He will remember that these principles were violently opposed in their day and by arguments not un- like those he has employed on this occasion. We have heretofore acted on these principles We have met her exclusion by non-intercourse and if we now relax, if we fail to meet the cr sis, if we do not now act ou our known princi. pies— we abandon our rights, and trust to .'avo' and conciliation to obtain what vas never gran, ted to moderation. You will sacrifice the princi' ^ples of our policy, degrade the country, yield ug the trade, and with it the power of controlling and coercing it — in the vain hope of operating on British masnanimity. 9 t ■<* ) s \ ^, "X ■ . 1 LIBRftRY OF CONGRESS 011 783 255 7 mm.-.,jiff^ LIBRARY OF CONGRESS 011 783 255 7 €,