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Grceli/, John Baker, and others. May 23, 1838. Read, and ordered to be printed. To the Senate of the United States : I herewith transmit to the Senate the copy of a letter addressed to me on the 28th ultimo by the Governor of Maine, enclosing several resolves of the Legislature of that State, and claiming' reimbursement, from the Gene- ral Government, of certain moneys paid to Ebenezer S. Greely, John Baker, and others, in compensation for losses and sufferings experienced by them, respectively, under circumstances more fully explained in his excel- lency's letter. In the absence of any authority, on the part of the Executive, to satisfy these claims, they are now submitted to Congress for consideration ; and 1 deem it proper, at the same time, with reference to the observations con- tained in Governor Kent's note, above mentioned, to communicate to the Senate copies of other papers connected with the subject of the northeastern boundary of the United States, which, with the documents already made public, will show the actual state of the negotiations with Great Britain on the general question. M. VAN BUREN. Washington, May 19, 1838. List of accompanying papers. The Governor of Maine to the President of the United States, (with enclosures,) dated April 28, 1838. Mr. f'orsyth to Mr. Fox, dated April 27, 1838. Mr. Fox to Mr. Forsyth, dated May 1, 1838. Mr. Forsyth to Governor Kent, dated May 8, 1838. Blair & Rives, printers. '\'^ vl tfr-',- jj^jyjiatil.iMi'ftf'i— 'i^BH [451] I ^ The Gover7wr of Maine to the President of the United ^'tales. fixFX'UTIVE DkPAR'I'IMFCNT, Augusta, April 28, 183S. Siu: I have the honor to enclose to you a copy of a resolve of the Legislature of this State, in favor of Ehenezcr S. Grecly, also a copy of a resolve in favor of John Haker and others; and in compliance with tlie request of the Legislature, I ask of the Government of the United States a remihursement of the several sums allowed thereby, which several sums have been paid by this State, to the individuals named in the resolves. The justice and propriety of granting this request, ] can have no doubt, will bo apparent to you and to Congress, when the circumstances under which the allowances were made are called to mind, Mr. Greely, acting as agent under a law of this State, authorizing and directing a census to be taken in unincorporated places, was forcibly seized and imprisoned for several months, and tiiv^n without trial released. John Baker and his associates, named in the other resolve, suilbred by imprisonment and otherwise, for acting under a law of this Slate, incorpo- rating the town of Madawaska, in 1831. The State of Maine has acknow- ledged, by these and other resolves, its sense of obligation to remunerate, in the first instance, these sutlerers in its cause, and to satisly, as far a.s it is able, their claims upon its justice. Hut the wrongs by which .hey suffered were committed by a foreign power, with whom we are now at peace. The State of Maine has no power to make war, or authorize reprisals. She can only look to the General Government to assume the payment, as an act of justice to a member of the Union, under the provisions of the constitution, and to demand redress and remuneration from the authors of the wrong, in the name of the United States. A minute recapitulation of the facts upon which these resolves are founded, is deemed entirely unnecessary and superfluous, as they have heretofore been communicated, and are well known to the Executive and to Congress. Maine has suffered too many repetitions of similar attempts to prevent her from enjoying her rightful possessions, and enforcing her just claims, to feel indifferent on the subject ; and we look v/ith confidence to the Gen- eral Government for protection and support. The amount of money, although considerable, is of comparatively small importance when contrasted with the principles involved, and the effect whicli must result from an im- mediate and ready assumption of the liability on the part of the United States. Such an act would be highly gratifying to the people of this State, as evidence that their just claims and rights are fully recognised by the United States, and that the strong arm of the Union will be stretched out for their protection in every lawful effort to maintain and enforce their claims, which they know and feel to be just and unimpeachable, and which they are de- termined to maintain. I trust I shall be pardoned for c.rnestly urging immediate action on the subject. I had the honor to enclose to you, under date of tlie 28tli of March lost, a copy of my message to the Legislature, and of the resolves of the Legislature of Maine, in relation to the northeastern boundary, which I [451] lies. 183S. re of the :opy of a with the States a al sums ves. 10 doubt, js under ziiio^ and ly seized iliorod by incorpo- acknow- nunerate, »r as it is T suffered ace. The She can an act of istitution, wrong, in olves arc licy have ive and to o prevent St claims, the Gcn- >f money, contrasted >m an im- e United ; State, as he United L for their ns, which ?y are de- 011 on the )f March res of the , which I hpvo no doubt have received and wih receive all the attention the im- portance of the subjects therein discussed and acted on demands. You will perceive that, in accordance with your wishes, I comnir.nicated the proposition in relation to a conventional line of boundary, with the letter of Mr. l-\)rsyth, addressed to the Executive of Maine. The views, and wishes, and determination of the fi^xccutive and lie£jislature, and, I think I may safely add, of the people, of Maine, are fully and distinctly set forth in the documents referred to, communicated to you, Iieretofore, by me. The proposition was distinct and definite, and the answer is equally so, and I consider that it may be regarded as the fixed determination of JMaine to consent to no proposition on our part to vary the treaty line, but to stand by that line, as a definite, o practicable, and a fair one, until its impracticability is demonstrated. It is needless for me to recapitulate the reasons upon which this determination is founded. 1 refer you to the documents before alluded to for my own views on this topic, sanctioned fully by the liCgislattux-. Tiie duty devolvipg upon me, by your request, I have endeavored to discharge, in a spirit "of profound respect for the constituted officers of the General Government, and with a single eye to the interest and honor of the United States and of the Slate of Maine. The attitude assumed by Maine in relation to the survey of the line of the treaty of 17S3, has doubtless attracted your attention. 1 feel it due to the State to s;iy to you, frankly and unequivocally, that this position was taken deliberately, and with a full consideration of all the circumstances of the case. But it was assumed in no spirit of defiance or resistance, and with no design to embarrass the action of tne General Government. Maine feels no desire to act alone or independently on this question. She knows and feels that it is a national question, and that i* is the right and duty oi the General Government to move forward in effecting the object proposed. I feel fully warranted in saying tliat Maine does not intend, by this expression ol' lier determination to run the line in a certain contingency, to waive, in the least degree, her well founded claim upon the General Government to run, mark, and establish it. On the contrary, she will most reluctantly yield the hope she now so strongly feels, that it is the intention of that Government to relieve her fr.im the necessity of throw- ing herself upon her own resources to ar.sert and defend her most imques- tio;iable right. The wish of this State is, that the first act should be to run the line of the treaty of 17S3, to ascertain the facts in relation to the topography of the country, and the exact spot where the northwest angle of Nova Scotia may be found, according to our construction of the treaty language, and to place suitable monuments along the whole line. Such a survey would not settle or determine any rights, but it would express and declare our views and intentions. Such a survey is not a warlike or offen- .sive movement, and cannot justly give offence to the other party in the controversy. It is the unquestionable right of litigants in a court of justice to make explorations of land in dispute, and if either party declines a joint survey, it may bo made e.v parte. And surely the United States have never so fur yielded tbe actual possession to Great Britain, as to preclude the right, on our part, to ascertain for ourselves the absolute facts, and to mark out the limits of our claim and our alleged riirht. This act Maine asks, and asks earnestly, 'the General Government to perforin without delay. Such an assumption of the controversy, on the part of the United States, would be to Maine an assurance that her rights i 'i ■\i sr. I 11^ ^^^SSI^^Bl [451] 4 were duly regarded, and would be steadily and porscveriufjly inaiiitaincd. ^Vo waril tJie name and the aiitliorily of ilie United Slates, and there ran 1)0 no doubt, that an act cniauatinj; from that source would be rec^arc'ed by tho.':o interested, on both sid(!S, as of more inii)or(ance than any act t^f an individual State. So lar, then, from any indilfcrence on the j)art of Maine, as to the action of the (Jeneral Government, or any desire to be driven to a;:sume the performance of the duty alluded to, she looks with intense anx- iety and confident hope to be relieved from tliis position. She bi'lieves it is alike due to the honor of the United Slates and the riioii composed ofjinpar- lial and .sci"iitilic men, to ho selected by u friendly power, woidd he satis- factory, and accjuieseed in hy liiis .Stale; l)iit tiiat wo should n(!itlicr a'di nor ayree that any ]>ielnninary points should he yielded hy either party. We should only usk that tlie treaty should he placed ni their iiands, with directions to ascertain and n\\\ and fix the hue according to its plain lan- gunc^e and obvious meanii)f|;. Maine can never consent, as T apprehend, to yield the main points of the case, and then refer itj to enable the "judges to divide the subject matter of the controversy. We feel that we now stand on the higli vantage ground of truth and justice, and that it cannot be that any nation, professing to act on the prin- ciples of riiTJit and equity, can stand up before the civilized world and con- test, with unyielding pertinacity, our claim. AVe have too much respect for the nation from which we descended, to believe that she will sully her reputation by such persevering resistance. 1 am conscious that the language and style of this communication are unusual, and probably undiplonuUic ; that there is more of the fervor of fecl- I ing, and the plain hmguage of direct appeal, than is usual in such papers. Hut it is a sidvject of such vast importance to the State, whose interests liave been in |iart intrusted to me, and whose organ I am, that I cannot speak in measured terms, or indefinite language. On this subject we have no ulterior views, and no concealed objects. Our plans and our policy arc open and exposed to the view of all men. Maine has nothing in either to conceal or disguise. She plainly and distinctly nslcs for specific and defi- nite jiction. hi performing wluit I conceive to be my duty, I have been actuated by entire respect towards the General Government, and by the single desire to explain and enforce, as well as I was able, our wishes and our rights. I can only add that we trust the General Government will assume the performance of the act specified in the resolution, and relieve Maine h"om the necessity of independent action. Witii great respect, I have the honor to be Your most obedient servant, EDWARD KENT. His excellency Maptin Van Burkn, President of the United Slates. % STATE OF MAINE. Resolve in favor of Ebenczer S. Grcely. Resolved^ That there be allowed and paid out of the Treasury ofthis State to Ebenozer S. Greely, five hundred dollars, which sum is in full for all suf- ferings and losses attendant upon his arrest and imprisonment in the jail at Fredericton, New IJrunswick, in consequence of taking the census of Mada- _ waska. '.; Resolved, That the Governor of this State be requested to ask and re- |ceive of the Government of the United States, a reimbursement of the sum m .1 t( r- j a t, : i. M B a i ! [451] 6 hereby allowed to the said Grcely, ader the saino shall have been paid lo him out of the Treasury of this State. Read and passed. In TIIK lluUSK OF Ukpkksi'.ntativks, March 12, 1838. Read and passed. March 12, 1838. Approved, ELISllA II. ALLF:N, Speaker. In Sknatk, March 12, 1833. N. S. LITTLEFIEIJ), President. EDWARD KENT. Statk of Maim:, Sccrctarif\' office, Augusta, April 23, 1838. A true copy of the original on file in this office. Attest : SAML. P. BENSON, Secretary of State. STATE OF MAINE. Resolvein favor of John Baker, Waller Poificrs, NntJiaiiid Ihirtlett, Au- gustine Webster, Isaac Yenriiigton, and John Harford, jr. Resolved, That there bo allowed, and paid out of the Treasury of this State, to the persons hereiuafu'r named, iuhahilants of the town of Mada- waska, the followinfi sums : To John iiaker, three hundred and lil'iy dol- lars ; to Walter Powers, oio hundred and tw(nity-live dollars ; to NiUhaniel Bartlctt, Aunce of orfjaiiiziun' that town, in the year one thousand ^i\f f Maine positions if Maine a direct of boun- t consent tion of a ^sired the intention of Maine was with sent to a 1 to such conditions ns she mifrht tliinlc proper to prescribe, To all stich as were, in the opinion of the President, required by a pp/pcr rcf^ard for th(! security of Maine, and consistent with the constitution, lie would have yielded a ready assent. Of that character was he ilisposed to ronrard a condition that in a ne