,^- %'^.^*/ \/^^'\/ %^.^-/ ^ ^^ ^^'^'' ^"-/ -^^fe^ ''^-'^^^ f^'" ^" '^ ^^^^^ '^bv^ " ' ' <^''' - . . °'/*. * ° "" r - « • Vo ' aO ^^'% \0 -Tlf. ' ^ ^^ o* ^' • A^-=^ - 1^ ,♦•<>* V V »'!oL' spKjx'in-s 31 |{ (M s II I \ a , MASS V( III siriTS *HK t M A I \ i: liOr.N DA K V glKSTlON NKWBl'RYPORr MOIIS» AKD nuK^xiTrii 183 9. (b Jr^ ,0 fS" /j?/yy6_ ]\[Ali\E BOUNDARY QUESTION. House ok Representatives, } Monday, February 25lh, 1839. J The Message of the President of the United States heiiis tinder con- sideration Mr, CusHiNG said that, in the present state of this business, he had but a very few remarks to make ; and in what he wished to say, he should en- deavor to feel admonished of the extreme tenderness of llie question, and of the critical position of the country. He would not enter into the controversy between the United States and Great Britain in regard to the Northeastern boundary. He could not condescend to debate any further that point. The United States had alrea- dy discussed it too long. Or, if there vvas to be any more discussion of that point, this House was not the place for it. This House had, in com- mon with the Senate, unanimously adopted a resolution affirming, in the most ample terms, the territorial rights of JNIaine and jNIassachuselts, the resolution of the House being in the following emphatic words : "Resolved, Tliat after a careful examination and deliberate inveslicration of tlic whole controversy bPlween the United States and Great Britain, relative to the Northeastern lioundiiry of ihe former, the House of Representatives do not entertain a doubt of tlie en- tire pructioability of running and inarkins that boundary in strict conformity with the stip- ulations of the definitive iieatv 1)1 peace of seventeen h.indred and ciorlity-tlirep ; and en- terlnin a per.^ect conviction of the justice ant my reading of the Constitution. Each State has an indefeasible right to the integrity of her own territory, which the United States cannot curtail but with her coHisent. Each State has an indefeasible right to defend that integrity in arms, if need be, by her own force, if that of the United States be not at hand. Struck, she must and should strike. Such is the sacred right of self-preservation, sanctified by the great charter of the Union, and by the first principles of human action, which are superior to all the Con- stitutions on earth. The Constitution contains the following clause : — "No State shall, without the consent of Congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State or with a foreign power, or engage in war unless actually invaded, or in such imminent danger as will not admit of delay." I shall not inquire whether the Governor and Legislature of Maine did or did not stir in the best possible manner. That is a question passed. The wheel of time has rolled over it, and, in the progress of events, we have reached another and a graver issue. Sir John Harvey is in the act of in- vading the State of Msiine, and invading it under pretensions which nei- ther the peace nor the honor of the United States can tamely endure. The State of Maine possesses, under these circumstances, full constitutional power to arm in her own defence, and to withstand and repel hostile in- vasion. The power is expressly given to her by the Constitution ; and herein, at least, the law is not silent amid the din of arms. She had the power ; and she has judged, as she might and must, whether or not the exigency had arrived for the exercise of the power ; and, having armed herself, has invoked the aid of the Federal Government in defence of the integrity of her own soil and that of the United States. Of the part which it now becomes the duty of Congress to perform, I shall say nothing at present, because I do not wish lo anticipate or pre- judge the action either of the Committee on Foreign AfTairs or of the House. House of Representatives, > Saturday, March ad,'1839. J The House having resolved itself into Committee of the Whole on the state of the Union (Mr. Lincoln in the chair) on the bill reported by the Committee on Foreign Relations — Mr. CusHiNii obtained the floor, and, after yieldmg it for some expla- nations made by Mr. Saltonstall, Mr. C. referred to his wish and endea- vor the last evening to bring before the House the resolves on this sub- ject just reported in the Legislature of Massachusetts, and proceeded to say that his chief object in rising at the present time was to discuss the precise merits of the measure under consideration, and to defend the views of the Committee on Foreign Affairs; and then addressed the House, in substance, to the following effect. Without dwelling, said Mr. C. on my personal relations to this question, I desire to state here, what indeed is already notorious to every body, that it is my fixed determinatioT to stand by the State of Maine and the Gov- ernment of the United Slates in the positions they have respectively as- sumed, at whatever hazard to myself. If the pretensions of Great Brit- ain should unhappily force the United States into war, I shall not stop to dispute which of the two, my native land or its foreign enemy, is in the 8 right ; but I will be found in the tinted field, where death ivi to be met, or honor won, at the cannmi's rnoulh. But I do not believe that the calamitous issue of war between the United States and Great Britain is to follow, now at least, immediately, upon the events which have taken place in Maine. I hope and trust that Sir John Harvey will not dare to attempt the execution of the menace he has utter- ed, to invade the United States upon the false pretence of the right ofG. Britain to the exclusive jurisdiction and possession of the Aroostook. I hope and trust that he will pause over the crisis his rashness has brought on. ; that lie will hearken to the counsels of ptudence which go to him from the Minister of his Government here , and that he and his airogant pretensions will be disavowed by that Government, in view of the storm of indignation they have aroused in the United States. At th« same time, I disagree with those who would make light of these events, and who think it neither a grave nor a perilous contingency, when the Governor of New Brunswick threatens to march his foreign mercena- ries into the State of Maine, and that State is in arms as one man, and clad in all the panoply of war, to repel the invader and defend her soil from desecration. Whether there shall be war or not, depends not on us, but others ; which renders it the right and the duty of the United States to take such an attitude as will show to the world, that while anxious to a- void war, if it mav be with honor, we have no such dread of Great Brit- ain, or any other Power, as to truckle to it for the sake of a peace to be purchased with ignominy. Peace, indeed, thus obtained, would be the worst of disasters to the whole country ; since it would be a perpetual in- vitation to the aggression and insult of foreign states, and would leave to us nothing of independence but the name. Sir, it is my most anxious desire to shun each of these alternatives, both war and all its calamitous consequences, and peace bought with the deg- radation of the nation. It has been most injuriously imputed to me that I am unfriendly to Great Britain, because I have, on this question, and on other questions existing between the United States and Great Britain, withstood th© unjust claims of the latter, and exposed the tendency to en- croach on us, and to aggrandize herself at our expense, which marks her policy in North America. These things, it is true, I have done ; but I have done them not from unfriendliness to Great Britain, but in tlie dis- charge of a solemn duty towards my own country. If I perceive the U- nited States the subject of aggression in various quarters, must I conceal it ? May I not speak out ? Shall it be suffered to go on, year after year, unrebuked ? May not an American Representative, here, in the halls of our own Congress, raise his warning voice to the People, that they may interpose betimes and arrest the progress of injury ? Are we to be perpet- ually engaged in the domestic conflicts of party, and never to look at the foreign relations of the country ? Not so. This very question proves how wrong it is to allow such things to fall into neglect. And if I have labored to fix the attention of Congress and the country upon particular acts of Great Britain, injurious to the United States, I have not, either in lan- guage or in fact, exceeded the zeal which is every day manifested among ourselves, when the interest of one of the Stales of the Union comes in eonflict with that of another, or of the United States. One thing more in this relation. After the full explanations just made by my colleague (Mr. Saltonstall,) I have not a word to say in regard to the general tenor ©f his remarki last eveniBo-<. But there is an observa- 9 tion of his, which I must cootrovert, in order that this debate may trans* mit to future times a just idea of all the fact* involved in it. I cannot concur in his approbation of the character of Sir John Harvey, as gather- ed from the documents before us. He may be a meritorious and gallant of- ficer, for aught I know to the contrary ; and such is the testimony con- cerning him of distinguished officers of our own army, who were oppo- sed to him in the campaigns of Upper Canada during the last war with Great Britain. But the conduct of Sir John Harvey in the late events, as apparent in the documents before us, I feel bound in justice to the States of Maine and Massachusetts to say. is in my estimation any thing but honorable to him. Sir John Harvey stands self-convicted, upon his own showing, in the first place, of gross and culpable neglect of duty in regard to the tres- passes upon the disputed territory, which were the immediate cause of the troubles there ; and it may well be questioned whether he did not de- signedly connive at them, either on account of the profit the people of New Brunswick were deriving therefrom, or in order to strip the land, and thus reduce the value of the thing in dispute. Great Britain arrogates to herself the wardenship of the disputed territory. She undertakes to pre- vent trespasses upon it. Has Sir John Harvey done this ? On the con- trary, it was the fact, ofthe territory being overrun with depredators, which wearied out the patience of Maine, and caused her Government to send a sheriff with his ^osse, to put an end to the strip and waste of the land. Had Sir John Harvey taken any measures to prevent the trespasses ? Far from it. I:i his communication to Governor Fairfield ofthe 13th of Feb- ruary, the very letter in which he pretends that the territory, which is in dispute, " shall remain in the exclusive possession and jurisdiction of England until that claim shall be determined ;" and in which he says that *' my instructions do not permit me to suffer any interference with that possession and jurisdiction, until the question of right shall have been fi- nally decided" — in this letter, what does he say in regard to the trespasses, which, upon the assumed premises, it was his duty to prevent ? " I have given directions for a boom to be placed across the mouth of the Aroos- took, where the seizing officer, protected by a sufficient guard, will bo a- ble to prevent the passage of any timber into the St. John in the spring." Why did he not place a boom there before .'' Besides, the mouth of the Aroostook is in the Province of New Brunswick. The States of Maine and Massachusetts do not wish to have the timber wasted by depredators. They do not wish to have it sold, and the proceeds held by Great Britain. Sir John Harvey should have taken care that the trespasses were not com- mitted, as he might have done if he had chosen, the su()plies ofthe tres- passers being obtained in New Brunswick, as well as the timber carried there for sale. And yet, in another communication to Governor Fairfield, that ofthe 18th of February, he says : '= I beg leave to assure you that the extent to which those tiespasses appear to hive been carried, as brous^ht to my knowledge by recent occurrences, will lead me to adopt, without any delay, the stronuest and most efFectual (ncasures, which may be in my power, for putting a slop to and preventing the recurrence of such trespasses.'' Here is not only a distinct admission of the magnitude ofthe trespas- ses, and of the necessity of arresting them, but of his total neglect ofthe subject, if he had not wilfully shut his eyes to what could not possibly ea- 10 nape his notice if he had chosen to look. Does such conduct as this en- title Sir John Harvey to commendation ? But I have a more serious charge to bring agamst the Governor of "New Brunswick. What is the spectacle now before us ? We see the State of Maine in martial array. Her militia have been summoned to the field by thousands. She has flung out her banner to the wind. Her young men are marching to the frontier •, her old are gathering muni- tions of war and taking counsel for the public defence ; and the whole population of the State, with unanimity unexampled, has risen up en masse, for the defence of her rights and their honor. Meanwhile, alarm per- vades the country. The Government of the United States has been in- voked to the aid of Maine. Congress and the E.xecutive are absorbed in the consideration of the question. Irritations have been roused between the People of the United States and Great Britain. A flame has been kindled, which, it may be, blood only can quench. War, — war between wo nations allied in blood and m interest, — which, if it should break forth, would have many of the features of civil war, — may be the lamentable con- sequence. Whose fault is this .' To whom is the immediate blame im- putable ? To Sir John Harvey, and Sir John Harvey alone. If, as he pretends, the custody of the disputed te^ri ory belonged to him, he should have prevented the trespasses ; and the omissio.T to do that is the first fault. But he is, abov« all. to be blamed for the near approach of the country to war, because of the arrogant pretensions and gasconading threats in his eommunication of the 13th of February It was the claim on his part to the exclu«ive possession and jurisdiction of the Aroostook, and his menace to invade the State of Maine in the assertion of that claim, which sunramoned her people to arms. I cannot follow those who censure the Governor and the Legislature of Maine for undertaking to drive, off the trespassers, or for the language and acts of iudigfiation which the subsequent menace of Sir John Harvey occasioned. These were the acts of the whole people of Maine. They are approved in the resolves of the State of Massachusetts produced here last evening. On the other band, Sir John Harvey's pretensions have been promptly repudiated and denied by the Government of the United States But, above all, he has been pomtedly condemned and disavowed in advance, by the British Min- ister, in the Memoranda^ signed by him and the Secretary of State, in which Sir John Harvey is expressly told to stop, and is impliedly told that he has exceeded his instructions, and will be disavowed by hi.; Govern- ment. Under these circumstances, Sir John Harvey, it seems to me, de- serves unmitigated censure for the part he has played in the recent trans- actions. Now, for the merits of the bill before the Committee. It has been dis- cussed as a war-measure. Such is not my view of it. I regard it as a peace measure. If it contains provisions implying preparations for war, it also contains provisions which make a tender of peace. We hold to Great Britain the olive-branch of peace in one hand, though in the other gleams the thunderbolt of war. But, in fact, all its provisions are pacific, because they are provisions of mere self-defence in case ot attack. There is nothing aggressive in them. We have been threatened with invasion. We have been threatened with invasion, coupled with pretensions the most odious and unbearable which can be addressed to a free People. If Great Britain undertakes to execute these threats, if she actually invades the / 11 United States, {hen, t)ut njt otherwise, tha President has authority bj tha bill to array the physicri force of the country to resist and rwpel such in- vasion. This is the princide of the bill, as set forth in the first section ; whic.h section, instead of enlarging the pou'er already possessed by the Presi- dent to repel invasion, — to do which, he may by the act of 1795 call into the field any number of men, — in fact restrrcts that power, by specifying the particular assailant against which, and the precise ciicurastances under which, this section of the bill is to have effect. Olijuctions have been made to the second section, because it provides for the enlistment of regular troops, in case of invasion before the next Congress can be convened. Whether this kind of force, or volunteers, should be authorized, is a question of economy and expediency, of which it is for the House to judge. No objection seems to have been made to the section which places the whole naval force of the country in commission ; which is, indeed, small enough for the present exigencies of the country. Nor can the contingent appropriation proposed in the bill be refused, and mere resolutions expressive of the general opinion of the House be adopt- ed as a substitute of the bill, in the manner proposed by the gentleman from Virginia, (Mr. Wise,) without rendering the whole measure fatile and of no avail. But, independently of these questions, a general objection has been tak en to the measure by the gentleman from Pennsylvania, (Mr. Biddle,) and more especially to the ground assumed hy the bill, of resistance to any attemipt, on the part of Great Britain, to enforce, by arms, her claim to the exclusive possession and jurisdiction of the disputed territory in Maine. This, it is true, is an incidental issue, — the claim of Great Britain, or of Sir John Harvey, to the exclusive possession of the disputed territory, — and so far differs from the main issue, that of the ultimate right to the territory. The gentleman from Pennsylvania has done full justice to the latter ques- tion, and has declared, in decisive terms, his conviction of the immoveable right of the United States, and of the futility of the claim of Great Britain to the territory in dispute. Such, indeed, is the declared opinion of every other gentleman, who has addressed the House on the subject. And, if the question of peace or war stood on the main poirit, there could, I pre- sume, bft hut nne sentiment in Congress and the country as to the duty of the United States to defend, at all risks, the rights of Maine and Massa- chusetts. But is it safe or wise to take issue on this incidental point, of the controverted right of possession ad interim, pending the negociation as to the ultimate right of sovereignty ? That is the question. In the first place, it is to be remembered, that when there is a controver- sy of long standing between two nations, the immediate cause of war is -ve- ry likely to be some subordinate fact, happening in the progress of the con- troversy. That is one of the evil consequences attending the protracted discussion of conflicting international claims. The parties becomt^ embit- tered on both sides. They are ^ach prone to regard the acts of the other with jealousy and suspicion. Their peace depends, not so much on ^e original merits of the diplomatic question between them as on the aeci- dents of daily collision. And this cansideration affords an answer to the suggestion mads out of 12 ' doors, — not, 1 believe, in this debate, — of ihe uconver.icnce o( having the peace of the wliole United States subject to be y^xjt to hazard by the ex- cess of zeal of any one of the States, whose interest is more immediately affected by some pending national controversy. I dr, not admit that, thus far, the State of Maine has done wrong, or exceeded its constitutional pow- ers in this matter. And to tlie practical inconvenience here suggested, my reply is, that it exists in all such cases ; and where tw^ nations hava a grave question of long duration between them, they are always liable to be involved in war by the acts of indivfduals, or of inferior othcers, milita- ry or civil, or, as here, of a single State, by reason of incidental difiicul- ties growing up out of the main one, for which the whole country is and must be responsible, though, its Government may not have been the imme- diate party. This inconvenience ia not peculiar to the United States, or UTiputable altogether to the separate action of either of the States. Secondly, supposing this incidental issue to be less favorable to us than the main one, that is our misfortune, not our fault. Who raised this is- sue ? The United States or the State of Maine ? By no means. The State of Maine did that which it had a lawfal right to do; it sent a ;iosss to (he Aroostook to drive away the trespassers . Thereupon, Sir John Harvey, in the spirit of arrogance common to military governors of re- mote Colonies, sets up the claim of New Brunswick to the exclusive pos- session of the territory in dispute, and marches his troops to invade the United States. The State of Maine resists this claim to exclusive posses- sion ; the United States resist it. They fnust do this ; they have no al- ternative left them but resistance to a false claim, or a tame acquiescence in it, which would be disgraceful to the U. States, and would but prompt the continued aggression of Great Britain. And if Sir John Harvey pro- ceeds to execute his threat, and to march his troops into Maine, that State would be recreant toherself, it she did not muster to the defen-^e of her soil; and the Federal Government would be false to its obvious and imper- ative constitutional duty, if it did not prepare also to back the S'ate ot Maine in the defence of her soil, which is at the same time the soil of the United States. We do not propose, by this bill, any act of aggression against Great Britain upon this incidental point. Still less do we undertake, by aggres- sion in regard to this point, to bring on a resort to arms to enforce a Set- tlement of the main point. The bill is purely a defensive measure. And we have no choice in this matter. We .must, of necessity, withstand ag- gression in the thing, and upon the issue, presented to us by the aggre^ssor. And if Sir John Harvey presumes to invade the State of Maine in the as- sertion of this claim, snd he is upheld in this by his Government, the fact that it is an incidental question, or that the right in it is less incontrovert- ibly with us than upon ihe main question, will, in no sort, weaken the strength of our cause in regard to that, which, after all, would be the true ground of hostilities,— namely, the unfounded and iniquitous claim on the part of Great Britain to the ultimate sovereignty of one third of the State of Maine, a claim which is denounced and repudiated by us on ail hands. But is this an issue unsafe or unwise to be joined by the United States. I cannot admit that it is. To begin, the question of possession is one which from its nature is pe- culiarly intelligible to every body, while that is not the tijct as to the ques- tion of right. To understand the question of right fully, it needs 1o ex- 13 Tiniine a vast body of dooiimentar) matter, in which the proofs are contain- ed ; it needs to read and study the^treatises and diplomatic correspondence between the two Governments ; itteeds to throw off the mass of chicane- ry, and of disengenuous pretensionX and of perversion of fact and argu- ment, under , which the ministers an*d agents of Great Britain have suc- ceeded in burying the simple merits of tlie case ; it needs to seize a com- plex question, and to be master of it iriViU its parts, and its general whole. Not so in regard to the question now pebding, — whether the United States will repel invasion undertaken by Great Britain while the right is in con- troversy. That is the ftmiliar case of a trespass committed on my land by a grasping neighbor. Whether he can make out a good title in law, and oust me by the judgment of a competent tribunal, is a thmg, requiring perhaps, much discussion, and by wise and learned men, before it can be properly dotorrninnd . But if, pending the suit, he enters my close, and undertakes to drive me out, and hold exclusive possession of it, regardless of all the presumptions of right, that is an act of aggression, which every body understands at a glance, and which would justify me in repelling force with force. And that is the issue, plain, intelligible, practical, which Sir John Harvey has presented to the State of Maine, and which the Ex- ecutive has met in the documents before us, and which Congress is called upon to meet in the first section of the bill reported by the Committee on Foreign Affairs. That Great Britain has no such right of possessio7i unless conferred on her by express agreeinent of the United States, is admitted by every one, because the assumed ground of right is the odious pretention, which I had occasion to comment upon a few days since, that whenever Great Britain chooses to lay claim to any part of the United States, she is thereupon to be taken and intended as being constructively in possession of the part so claimed, in virtue of her being mother country and former sovereign of the country; and as such to enter upon the exclusive jurisdiction of it until the claim be settled. Such a clnim of right, arrogant and intolerable as it is, no citizen of the United States will deign to listen to or entertain for a moment. Has Great Britain ever, in fact, had the exclusive possession and juris- diction of the territory in dispute .'' Never. Whatever rights she may have claimed, whatever acts she may have performed, in the valley of the Aroostook, certain it is that acts have been continually performed by tlie States of IMassachusetts and Maine wholly incompatible with the supposition of the practical exercise of exclusive jurisdiction on the part of Great Brit- ain. It may be that McLauchlan, the British warden, has seized timber there ; but neither he, nor any body else from New Brunswick, has ever, before the late affair, undertaken to seize men who acted for and repre- sented the State of Maine. All such arrests have taken place in the Mad- awaska country. It may be that McLauchlan has protested on paper a- gainst acts of sovereignty performed by the State of Maine, as in the case cited last evening by my colleague, (Mr. Saltonstall.) But what does this amount to ? Does it make out a case of the practical exercise of ex- clusive jurisdiction .^ Far from it. It is only one side of the case. To show a claim to jurisdiction on paper, or even isolated acts of jurisdiction, goes a very little way towards proving in behalf of Great Britain the prac- tical fact of exclusive jurisdiction and possession. To understand the whole case, we must look into the acts of Maine and Massachusetts^ 14 Novr, ti M truly stated in th« report ol" the Committee on Foreign Af- fcirs, that, in pursunnoe of a resolve passed in ISO'i, Massachusetts, in 1807, granted a township on the AroostcoU, near to the meridian line which divides Mnine and 'New Brunswick ; and in 1808 ten thousand acres west of the former, after surveys and plans. I refer to these old grants to show that the exercise of sovereignty on oiir part is no recent thing. This, and what has heen done since by one State or the other, is stated generally by Governor Fairfield as follows :■ " In rpply, I Inve to say. that llic territory borclcrin? ol^ ilie Arnnst.ook rivnr has .il- ways lieen, ns 1 retrard tlie faRt*;, in the possnssion and undr>r the jurisdiction of Nlnssacim- selts and .Maine ; tliat, more ll)aH thirty years ngo,- MassficliuvcLts surveyed and granted large tracts pf it, wliicii liave ever^iMpe, in aon-.e way, been possessed by tlie p;r<»f"''e'=> and those claiming tindnr them ; t.V.it (he rcpt of it was surveyed by, and snme of it. divi- ded between IViassachupettg and i^iainc, snon af er the latter bprame an independent Slate; that bnlii Slate? iiavp lone been in tlie haliit of jrranlins permits to cnt tiinbc r tliere with- out being molested from any quarter; that many persons hive purchased tliese lands of ftlaine, and entered into (lieir artnal nccuiJation ; and (hat, in varimis otiier ways. Maine has exerciied a jurisdiction, which may faiiiy be regarded as exclusive, over this territo- ry.' In confirmation of til which, I have before me the last report of the land agent of JNIassachuseMs, giving an account of the constrtsction of a road to the Aroostook e.l the joint expense of Maine and Massachusetts, and detailing many particulars of the acts performed by him in arresting trespasses on the disputed territory. [ have also the report of the land agent of Maine referring to the same facts, sndstating the arrest of sundry trespassers by his order last year, and by regular civil process returnable at Bangor. And the same report contains the following conclusive tact : " Near the month of tho Little Madawaskn, I met Captain lVIcLauc!il:\n going up the Aroostook with .«ix men. Captain Mof^aurhlan informed tne flxtt he was sent up by tlie Governor to cut np the timber, and take off the teams of tiie trespassers, if he could ii» no other way break them up. 1 informed hirn what 1 liad done ; he said he v-ias iriud, and would most cheerfully co-operate wiih liie land agents of Maine and Massachusetts in stopping the trespassers" Here we have IMcLauchlan himself offering no claim to exclusive ju- risdiction, making no complaint of the acts of jurisdiction performed by Massachusetts and Maine, but on the contrary, commending their acts, and pledging himself to cheerfully co-operate with their land agents. 1 have also before me the report of a recent geological survey of this tract of country, made by the State of Maine ; it being a limestone region, of great value for the cultivation of wheat, and on that account attractive to settlers. These documents show, moreover, that Maine was under no obligation to give notice to Sir John Harvey of her late movement for the arrest or expulsion of tlie trespassers, and committed no breach of cour- tesy or of right in omitting such notice. And whether or no the facts a- mount to proof that JMaino has had the exclusive jurisdiction and posses- sion of the Aroostook, — which is not the question, — they do at any rate ab- solutely exclude the conclusion claimed by Great Biitain. It is impossible, therefore, that the Legislature of Massachusetts, in passing the resolves of 1836, which complain of the surrender of the pos* Bcssion of the disputed territory by the United States Government, as cit- ed by the gentleman from Pennsylvania, (Mr. Biddle,) and my colleague, (Mr Saltonstall,) could have m.eant to say that Great Britain did in fact «xewiic exclusive possession on the Aroostook. They could not hava 15 meant this, because they knew it was not so. They had the act.^ of each State before theni to show the contrary. The particular inrface?ne?ii of the • resolves was undoubtedly the acquiescence of the Government of the Uni- ted States, — a culpable acquiescence, I think, — in the acts of forcible juris- diction performed by the authorities of New Brunswick in the Madawas- ka country ; and the particular object of the resolves was to put an end to the separate wardenship of that country, assumed by Great Britain with- out formal notice to the United States, and not resisted as it should have : Jbeen when made known incidentally to our Government. It was indeed, I a subject, the diplomatic relations of vvhich were at that time involved in ! doubt, in consequence of the procrastinations and other errors which our I Government had suffered in the manaf stn.ng and vigorous measures by the Government of llie United States for a sjjeedy adjustment of tlie existing difficulties , in such a manne as sliall protect Massaciiusetts and Iviaine in the posstssion of the large tract of lerritoryr guarantied to. tliein by tlie treaty of peace ol ]76?>. Resolved, That the active measures authorized by a resolve of the Loirislature of the State of Maine, passed January i.'4, ]8;5!), for the prevention of depredations tipon the lands of Massachusetts and Maine, wore required by the exigencies ot the case, and a wise regard for the preservation of their inltrests in those lands, -ind were simihir in cliar- actt-r i(j measures adu|)l(jd l)y tlio land agents ol AJassachunelts and Maine in October last, and recofrnizod and approved, through their agent, by the Governnicnt of the IVoviiice «jf New Brunswick. Resolved, i hat the claim by Great Britain to the exclusive jurisdiction of the whole of the disputed icrritoiy, an recently asserted by the Lieutenant Governor ol Wevv Bruns- wick, and his avowal of a de:ci iniiiation to sustain that claim by a military fiirce, and lii.» denial ol the right of the Slate of iMainc to protect Irorn the lawless de[iiedations of tres- passers ilie Inims winch have long; been held in the actual pnssessi(jn ot Massacnuselts and Maine, call loudly (or the iiiimediale interference o( Ihh Federal Government; and tint the crisis has now airived, when the honor ot tlie nation demands the adoption of decisive measures loi the protection ol her citizens , anil for the preservation of the rights and in- terests ot two of the members ol our Confederacy. Resuived, That tins Coiiim this groundless and unjust claim, — a claim as dishonorable to her as it is in- sulting to the United States. There is but one other topic involved in this measure upon winch I de- , sire to be heard at this time. The Committee of Foreign Affiiirs have proposed an appropriation for a s;>ecial embassy to England. They have done this to manifest the indisposition of the United States to go to war, if f it may be honorably avoided, and the willingness of Congress, provided Sir John Harvey shall abstain from any aggressive acts in the mean time, to try once mor;; the effect of negociation, helbve drawing the sword in defence of the rights of 3Iaine. But I desire to say that, in assenting to this feature of the bill, I did not, and do nut, mean to be understood as .holding out any encouragement to Great Britain that this controversy is to be kept open by renewal of the evasive and fruitless negociations of the last ten years. No mure delays, — no more procra tination, — no more of the diplomatic chicanery, by which Great Britain has so long sought to ob- tain from the UYiited States by manoeuvre what is not hers by any just right, and what she cannot extoit by force. When the question was first started by her, it was in the shape of an ofler to buy of us this territory. Thus it stood at Ghent. She did not pretend, at that time, that it belong- ed to her under the Treaty of Paris. Next wo heard of it as a thing of doubt and question merely, to be made the subject of negociation and in- vestigation. Tlien it was magnified into a positive claim of ultimate sov- ereignty, and a claim of immediate possession by revival of mother coun- h'try jurisdiction. Next it becomes an assertion o^ actual possession. Fi- nally, through one stage of encroachment after another, that which in the outset was merely an expression of the wish of Great Britain to purchase this territory, because it was convenient and desirable to her, has swollen into an attempt to enforce by arms a pretended right of sovereignty and ownership coupled with exclusive possession and jurisdiction in anticipa- tion of (he settlement of the question of title. It is time to put a stop once and forever to this career of" encroachments. I would have the President, if in the exercise of his Executive discretion he sees fit to send a special minister to Great Britain, to send a minister who will speak to that coun- try in. the language of decision and firmness becoming the present attitude of the United States. I would have that minister say to Lord Palmerston, in such phrases of diplomatic courtesy as he may choose to employ, but so there shall be no mistake as to the meaning: — ''Sir, this thing has gone on long enough. Great Britain does not possess one jot or ti-ttle of right to the territory in Maine she claims. Such is the opinion of the President ; such is the unanimous opinion of both Houses of Congress ; such is the opinion of the whole people of the United States. This claim, set up on the part of Great Britain in the spirit of encroachment which distinguish- es her acts on this Continent, and pursued by contrivances and pretexts which are so signally dishonest that they would consign a private individ- ual to disgrace, musl be rcHnquislicd. The alfair has reached a crisis ir- 18 reconcilable with the continuance of yovir pretensions, and the continu- arce of amicable relations. The United States are devoted to peace, anc deprecate the calamities of war, and especially a war between them and f people allied to them by blood, and by all the ties of a close and beneficia intercourse ; but they cannot and will not submit to have Great Britair presume that she may seize, at will, upon the territory of the Union. B( not self-deceived. This is the true state of the question between us ; anc on you who raised and have persisted in it, — on you, in the face of God anc of man, does the responsibility for the issues of the question rest." Sir, I shall detain the House no longer ; and, in conclusion, I have on- ly to add that, as a member of the Committee on Foreign Affairs, I cordi- ally approve of the able report of the chairman in all its parts, and shal continue to give all the support in my power tu the provisions of puWIic de- fence here presented to Congress, and the measures which it may devolve on the Executive to adopt in vindication of the rights of the United States ( 4 4 W40 m^ v-;^ - 4^ % • ,* ./^X^'W^V'^ "^ "^-^^ ? I 0^ **^^*. '^^ ^=1^ ^^ *:*^- ''^^ ^-^ "* ^ "■* -C?* -. •*- "•" '^^ -^^^^ ^vPV ^ ^^y^\* J''^\^ '^^^S .'^^^\/'J^^.* J^ ^"^ -.-^^^ I "-^O .^^ -:* ^^ -^^ ' j'^^-^. -. ^ ^^m,^. \/ ,^, U^^,. y^, >^^^,.^ , .0^ ^^^^ .V^ .!, "'\ .^'^i-fc^^ y^-^i^-. /.C^^.-^-o ; '^0^ .•1°^ V* ..j::^.'* q .^ » 5.^r ^o1 ^"^ "^'^ ' - .^r WERT BOOKBINDING Grantv'ile Pa Ja- fee 1989 ^oV ^^r .-^'^ ►: