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EVANS, Uiir ul Uiv HepiotflutaUvca Uroui Maine. WASHINGTON: fRINlKD HV UALlit AND ■liATUN 1838. .-.^..w -—■ ^ *0 ^ "i-^ o {MiUTc^ -ja^rnfs^atijjte:- JUN?:0 1955 NOTE. « V E E C H. 1 On the 15th day of December, Mr. Evans gave notice that he should move for leave to introduce a bill to provide for the demarcation of the northeastern boundary line of the United States, 6n the first day when the States should be called for resolutions, at which time ilone it would be in order, by the rules of the House, to submit such a motion. The States not having been called, no opportunity was afforded of bringing forward the bill indicated ; but, on the 29th of January, a message was received from the President, trans- mitting certain documents respecting the imprisonment of Mr. Greely; which was post- poned, and ordered to be printed. On the 7th February, Mr. Evans asked for its consider- ation, and it being taken up, he said ho should move to refer it to the Committee on Foreign Affairs, and at the same time he wished for leave to introduce the bill of which he had formerly given notice, that it might also bo referred to the same committee. Objection being made by Mr. Cambrei.enc, he then moved to commit the message, with instructions to report the bill ; and upon thai .notion commenced the remarks which he made. Before, however, he closed, the objection was withdrawn, and he had leave to introduce the bill, which receivcil a first and second reading, and he moved its reference to the Committee on Foreign Affairs. The bill is as follows : A BILL to provide for suiveying tiie iiortlienxlern boundary line of ilie United Slates, according to thu provJBions of tlie ticuiy of peiico of Bevcnlecn hundreJ and eighty-three. Be it enacted by the Senate and llouat of Representatives of the United Statea of America in Congress asaemliled, Thul tlio President of the United Stuics caufe tlio boundary line bo iweou the United States and the adjacent British Provinces, from the source of the St. Croix rivar directly north to the liighlanda wiiicl: divide the waters that fall into the Atlantic ocean from those wiiich fnll into the river St. Lawrence ; thence, along said highlands, (Vom the northwest angle of Novn Scotia, to the northwcsternmoKt head of Connecticut river, as particularly defined in the treaty of peace concluded at Paris, the third day of September, seventeen hundred and eighty- three, to bo accurately surveyed am' marked, and suitable monuments to bn ejected thereon, at iiuch points as niny be deemed necesfary and important. Sec. 2. And be it further enacted, That, for the purposes aforesaid, thn President be, and is hereb", authorized, if in his judgment ii shall be necessary, in addition to the services of the corps of topographical cngineori., to appoint, by and with the advice and consent of the Senate, one jom- missioner and onu surveyor, who shall petform such duties, respectively, as may he assigned to them bv the President; and who may employ such assistants, under the direction of the Presi- dent, ab shall bo noressary ; and who shall make an f xact return of their proceedings to the Prosi- Jent, together with a correct map of ilm country over which said linr passes, exhibiting the prom- msnt points ot its topography, and the location of the morks and monuments by them made and eroded. , . , . , . Sec, 3. And be it further enacted, That the compeniation of ssid comnnssloner snd surveyoi itisll t^p rrppeciivelv St Ihf rate of dollam ptr annum. Mr. EvANR said, he would assure llio House and the honorable chairmatj of tho Ways und Means, who had appealed to him for a further postpone- ment of the considoraiion of this subject, that he had no desire whalover to obstruct, in the smallest degree, the progress of tlie appropriation billi, which had boon referred to as of pressing necessity, nor to impede for a mo- ant, .iili.ii l>ii«iiii>aii nf niihlir imnortonco. He was. indeed, reluctant Rjsnt imnortonco. — J to persevere in liis purpose at the present time, agiiiuit the wiihei which \\ii I 1 been expressed by the member from New York. Bui tlie 8ubj(?ct lie was about to introduce was itself one of great public exigency, and of pressing and immediate imoortance ; and lie should be wanting in the discharge ol duty to the State, whose humble representative he was, if he did not avail himself of this/rs< and only opportunity which the present session had af- forded, to press, with what ability he might, upon the prompt and early at- tention of the General Government, the just rights of that State which it was bound to secure and protect, and to remind it also of the wrongs that had been inflicted, which it was equally under obligation to redress. You will bear me witness, Mr. Speaker, (said Mr. E.,) that from the first day of the session until this hour, I have sought with the most sedulous care, an occasion to bring to the notice of the House, the important topics involved in the controversy respecting the northeastern boundary ot the United States ; and to claim, as I now claim, from the hands of Congress, some token—some manifestation— some movement, indicating its readiness to maintain the rights of the nation, no less than those of an individual member, and not an unworthy nor unimportant member, I trust, of this confederacy. If the present opportunity shall pass by, another may not soon, if ever, again occur ; and the duty I have so anxiously waited to discharge, may be long postponed, if not entirely frustrated. I have, therefore, no alternative, but to seize the occasion now presented ; and 1 am the more desirous to do it, because those interesting subjects have never undergone public discussion in either House of Congress, and have attracted much less of public attention than is justly due to their importance. I fear, indeed, they are very little understood, and less regarded, out of the limits of the States immediately in'eresled. But, sir, a period has arrived, that does not admit of longer delay. Something must be done, and that soon. I propose to do it how, and the measure, I ofter, is plain, intelligible, specific. It is, to run the boundary line of our northeastern frontier, in exact accordance with the description of it, in the treaty of 1788, and to establish such marks and monuments thereon, us shall designate with certainty and accuracy the pre- cise extent of our limits. Is it not a proper and a desirable measure] More ihan a half century, since the organization of our national Government, has gone by, and the great duty of planting its standard upon its confines, ot marking out to the eye of the world its exterior boundaries, to which its jurisdiction will be maintained, and within which aggression will not be tole- rated, yet rem;ims to be performed. The object I have in view is, to re- pair this long npfilect— to do what the President, in his message, says " no nation should long sufl'or to remain in dispute," to fix the line which sepa- rates our country from the possessions of another nation — lo teriniiuite a long-pending controversy, in whose adjustment no progress has been made for"^many years, nor can .iny be anticipated, unless i)y the adoption of some new, prompt, decided, movement on the part of the General (Government, the slow proc'ee-diii^s of a foreign Power shall be (luickem-d, and its ground- less demands and lawless aggressions shall be eil'ectiially clieckcd. All former elTorts and expedients have failed; and we must now resort lo sonio new and untiied measure, for the establishment of our rijihls, or we may as well abandon them at once, to the rapacity of a nation, whose strongest argument, is, the heavy arm it can wield in niaintenanre ol its usurpations. How far nuch an argument is to b(! yielded to, by such a na- tion H» this, remHins lo be settled hereafter. For one, sir, I desire the General Government to move upon this matter, in all its branches. The President informs us, that the eftoris of the Executive have hitherto been IP i ■-^ afeorawc"— entirely abortive. What, then, is more suitable than to bring the Icsislative, in aid and support oi executive, action \ This, 1 desire to do. I dVZ Groat Britain to see and understand, that this .s a .uh^eci of mttonal concernment ; and one which the national councils m\\ take into their par- tTcular keeping. From indications like these, and from measures similar to ha I propofc, adopted firmly and promptly, persevered ni steadily and resolutely, 1 cannot doubt a speedy and amicable adjustment of he subsist. \Z controversy. But, sir, if this should not be the case-if, after the hne hll have been'nH, as required by the bill. Great Britain should still with- hdd its assent to it, and continue to assert its claims, and thus iheprmctpal obiect be defeated, I design by the proposed measure, the attainment o! anSer and an important result, which itself would tend most stroiigly to the final settlement of the question ; inasmuch as it would furnish motives which have hitherto been wanling on one side at least, to renewed exertions and a conciliatory disposition. And that is, to put an end forthmtK as soon as practTcabuX an arrangement or agreement supposed to be subs.s ing, whereby the territory in dispute has passed from the possession and jurisdic- in of Maine, where' it rightfully belongs, to the PO--'- -^. ""^^ hal jurisdiction of British aulhority-an arrangement, which as «'« ^f H.^^' J^« operated strongly in procrastinating the negotiations between the Govern- rnt'of Grea^Britain and the United States-which has been the founda- lion of new pretensions and fresh aggressions-which has exposed our ter- r tory to be plundered of its valuable productions and has surrendered up or citizens to 1)0 arrested and imprisoned foi- obedience ^o our laws, at Ive nlea-re of a foreign Power. By what authority, under what new consti- fuUonalinterpretation, the national Government can withdraw its protection from our soil'^r our citi.ens-can give them up to foreign dominion, and permu them u> be held amonable to foreign laws, yet remains to be shown. 4s be ween Maine and the General Government, the territory is not in dis- pute. The right of the former has been repeatedly recognised and uni- Sv and stfongly insisted upon. How, then, ,s it to be justified, that he o^nstitutional^uty of security and protection »^«« ,""^ ^^een per- formed 1 Of this arrangement, real or pretended, partial or to ^1 in i?s operation, temporary or permanent, whenever and however m»de Mauie complains bndly and earnestly. She was no party .to it; she has Sormly protested against it; she has scarcely yet been informed even of ,s orl, its extent, or its duration ; and she demands Us immediate abroga^ on T the measur; I propose accomplish nothing else, I trust . will accom- plish thi ; such, at the' very least, 1 design to effect by it. It .s a measure, ,^r not my own exclusively and individually : it comes from the Legislature of I e S^a e I represent. In offering it, 1 but obey the voice and conform to the win of that State, distinctly expressed in ..solutions "ow upo" your ab An urgent appeal has been made by its constituted authorities and by a its reprosentntives in bo,l, Houses of Congress, to »»^%P^««'\«" 'J^^f /"J^ done. that, which .he hill authori/.es him to do. I speak, tl'erefore, in the name and by the direction of th. State, and 1 trust this w.l secure to he b^ ,ec.. respectful regard and consideration. «« o'-'-\P^«^«'^'''"P/''^'^' ' Jl :^ also to put myself right in another respect. In the course of my ro narks, it h^gl?ly probable, 1 shall find it necessary to speak somewhat in the language of omnlaint,of many proceedings of .he General Government, as subversive he ;igh.« of Maine.'as prejudicial to its interests, as endangering them l^y „njustcoLcssions,andalsoforpermit.ingwrongstobe.nfl,cted,w. hou ts^ dross as the occasion imperiously roquiird. I have boon too long an observer of. 6 snd a participator in, public discussions, not to be aware that language like this, however just it may be, and however sincere the n:otives of him who uses it, is almost invariably ascribed to purposes of party or political hostility, and to designs unfriendly to the adminiatration whose proceedings are subjects o" remark and censure. All such motives and purposes, I beg leave on this occasion, to disclaim entirely. I shall speak only what I believe to be the lan- guage and the sentiments of the State itself, and of some of its public author- ities, who, I am confident, are not liable to be charged with a desire unnecessarily to condemn any part of the conduct, of the late or the present administration. To a better understanding of my position in this respect, allow me to show what those sentiments really are, as stated by the late Gov- ernor in a letter to the President of the United States, dated July 28, 1888, " By the Federal compact, the obligation of defentling each State against foreign inva- sion, and of protecting it in the exercise of its jurisdictional rights up to its extreme line of boundary, is devolved upon the national Government. Permit me respectfully to inform the President that, in the opinion of the people of Maine, the justice due to this Slate, in this respect, has not been rendered. " Xu8t it not be suspected that the discontents which are moving strongly and deeply through the public mind, flow from any deficiency of attachment or practical adhesion to our national Government." *♦♦♦♦♦♦# " It would be easy to prove that the territory of Maine extends to the higiilands north of the St. John. But that point, having been not only admitted, but successfully demonstra- ted by the Federal Government, needs not now to be discussed. Candor, however, requires me to say that this conceded and undeniable position ill accords with the proceedings in which the British authorities have for many years been indulged, and by which the rightful jurisdiction of Maine has been subverted, her lands ravaged of their most valuable pro- ducts, and her citizens dragged beyond the limits of the State, to undergo the sufTerings and ignominies of a foreign jail. These outrages have been made known to the Federal Government ; they have been the suliject of repeated remonstrances by the State, and these remonstrances seem as often to have been contemned. It cannot be deemed irrelevant for me here to ask, amid all these various impositioiip, and while Maine has been vigor- ously employed in sustaining the Union, and in training her children to the same high Btandard of devotion to the political institutions of the country, what relief has been brought to us by the Federal Government? The invaders have not been expelled. The sove- reignty and soil of the S'.ate are yet stained by the hostile machinations of resident emissa- ries of a foreign Government. The territory and the jurisdiction of six millions of acres, our title to which the Government of the United States has pronounced to be perfect, have, without the knowledge of Maine, been once put entirely at hazard. Grave discussions, treaty arrangements, and sovereign arbitration, have been resorted to, in which Maine was. not permitted to speak, and they have resulted, not in removing the factitioua pretensions, but in supplying new encouragements to the aggressors. Diplomatic ingenuity, the only foundation of the British claim, has been arrayed against the perfect right. " In the mean time a stipulation made by the Executive of (he nation, without the knowl- edge of Maine, purported to preclude her from reclaiming her rightful jurisdiction until the slow process of a negotiation should be brought to a close. Whatever the real force of that stipulation might be, made as it was without the concurrence of the two branches of the treaty-making power, it was hoped, when it expired by the closing up of that negotia- tion, that a measure fraught with such hurtful consequences to Maine would not again be attempted. But that hope was to be disappointed, and now, by a compact of similar char- acter, n writ of protection appears to have been spread by our own Government over the whole mass of British aggressions, What, then, has the Federal Government done fur this State ? May it not be said, in the language of another, ' Maine has not been treated as •he endeavored to deserve V " The Governor then proceeds to remind the President of a communication made to him several months before, transmitting the resolves of the Legisla- ture requesting the line to be run, nnd expressing the confidence which he had indulged, " that the application would meet with favor from the Federal Executive." Ho concludes : " I will not attempt to conceal the mortification I have realized, that no reply has been made to that communication, nor any measures tolcen, so far as my information extends, for eflecting the object proposed. ■ „f .l„i fuihfulneBi for whicli 1 stand soleinnly .. I, now remin. .h.. if Ih. 'f "2" .gS ct "en'l .o .he .uentlon of .h. n.«.n.l "l havVlViefre the honor .8"" to toque.t Ih. the r ^^^ ^ ^^ long been debarred." Governor of Maine Mr. Speaker, beHevhjg .l« f^^'^^^^T^XsJ^^Liio.^ and .he are well Vo»nded, I shall endea or o make go.d^^_^_^ ^^p^^^ ^^^^ ^^ ^^^ proofs of them, and I rnst "," " °? '^P"„,i„5, ,o nromo.e .he inleresls <)f our a.ed by o.her, .han li.gl. ="'',P'"" ''J!v Is ronely and deeply through .he na.ive S.a.e. " Discon.en.s" are" r^^^^'J^l, '•' »>'=»8'h »»■» <>«?"■• public mind," a.,d ihey «.U 'ncrease, be ^^'^"' ' ^^i,,,,^ f„„, „„jus. Smil our .erritory _be reslored to us o. fmure^aggr-ion. r^g^de'dlieVeVfter as one '' ""X^X^^Jj^^.T^Jvernmrn; loTe for .his i r' 2:^rr Uwf i *-l'^egte'c:tspo„ding .0 i.s ius. demands, '';ratr:;-»<>=-rf"irror,it:n?ist:iur:eT:s^°ieTin! can possibly be made, of .he history of the ~^'"'^" j, ' „f ,i,e two Gov- ,ial. A!m which, a succmc. r»l='"°" "^ J J"" prefen. posture of the =' :llS^l;: g'rirnc:s'rf';S we com^lam, a„d .ho necessuy "^VttTof "?f ?|,^ SntSltb-a *: ^^^d States was acknowledged >^y ^.^^^.'^S espective possessions. The de- upon by the parties, -,;'- ''^^^^l^'T.Vromthe no'rthwest angle of Nova scription commences with these wo ds . r ^^^^^^ ^^^^ ^^,, Scotia." This is the starting point. J\^Taat angle which is formed by a ancle is, and where it .s to be found, ^ • J • J^' ^ f 5^^^ to the highlands, S drawn due noHh from the source oj - S^' ^ -- ^,^^^^^,^^3 , along the said highlands which dv.dejh^^^^^^^^^ ^^H^^.^ ^he the river St. Lawrence fr°"' ^h^;;^.,^^^^^^^^^^ The easterly part the con- norlhwesternmost head «f C'^'i^.f^';";''", y^^^ to be drawn along the middle tested line is in these words . i^asv .>> , p ^ ^ its source, and ;'f the river St. Croix, from 't^-th ^1^ ^^^f, %,,J, .hich divide the from its source directly north to the atores b . .^^^ ^,^g ^ivcr V rs which flow into the Atlantic ocean Irom^th^^^^^^ ^^^ .^^^^,.,gible. St. Lawrence." The whole f^^Xacei with n fhe limits thus defined is Our right to the ^vl'ole.terr. ory embr^ ^^,^^,^ undeniable, and indeed is not den'^^Taw/ «hall the line thus clearly and then is, where, upon the surface oj he aru^ ^,^,t p^ t, particularly described be laid ^7'" ''"d^^J,'^^'^ \hnt it can be readily, easily Ihere is no hesitation, no doubt, "« ^'"^^"^^y;,, ,,^11 known. On the other traced ; that t'.o starting P«'"\'7"f^^^^ ^ considerable degree, changed hand, Great Britain n«r« contends, avm^ n .^ impracticable, her pretensions within a few years, that ^»'« ' "*" . ji,at there is no north- nd cannot be found ; that the description is mperfe^.^ ^^^^ ^^^^^ ,;. ^e tvest angle of Nova Scotia, and no highlands contor. g ^^^^^^.^^^ ^^^^^,,^^ reaty, and, therefore, that nothing can be done r%i 8 boundary, by agreemont of the two nations, having no reference to that sup. posed to have been fixed in 1783. It nriay be well enough to inquire into the origin of the present doubts and difliculties; to note, how and when, and under what circumstances they sprung up. It ,s not entirely correct to say, as the honorable ciiairman of the toreign Affairs some days ago intimated, that this has been a matter of controversy fifty years. The controversy is of much more rect- t date for a long period there was no doubt, so far as can be discovered, certainly no dispute, as to the location of the line. The precise demarcation of its whole extent could not of course be pointed out with entire accuracy but upon skilful survey. It might vary a little this way or that, to the right or to the left ; but the great leading topr-^raphical features of the country were welj known, and the line could be tr«ced, and was traced, and made visible to the eye, on numerous maps, as xvell of British as of American authority, that It crossed the St. John, for instance, above the mouths of certain streams, and below others, which flowed into it, was apparent. That, passing directly north, n found the northwest angle of Nova Scotia upon the southern boundary of the waters flowing into the St. Lawrence, and thence windine arou id the sources of all those waters, and separating them from ''.e rivers flowing southerly to the ocean, was equally evident. The northwest angle of INova Scotia was not a point then for the first time assumed as an unknown or indefinite point, nor were the lines described in the treatv, for tiie first time drawn. Quebec and Nova Scotia had existed as distinct Provinces long before, and had definite boundaries assigned to them, respectively, and the treaty intended to describe, and did describe, with much precision, the west- em boundary ef Nova Scotia and the southerH boundary of Quebec, westward of northwest angle of Nova Scotia, as the northeastern limits of the United States. 1 he southern line of the Province of Quebec is thus described in the act of Parliament of 1774 : I J ^'^I'pded on the south by a line from the bay ef Chaleurs along the high- lands which divide the rivers that empty themselves into the river St. L w- rence from those which fall into the sea." Numerous descriptions of the territorial limits of Nova Scotia, may also be found macts of Parliament, royal proclamations, and other public documents, all agreeing in tenor, and generally identical in language ; one of which only need bo cited. It is from the commission of a Governor of that Province and bears date of the same year of the treaty. " Bounded on the westward by a line drawn from Cape Sable across tlo entrance of the bay of Fundy to the mouth of the river St. Croi»; by the said river to its source, and by a line drawn due north from thence to the southern boundary of our Province of Quebec ; to the northward by the said houndary as far as the western extremity of the bay of Clialeurs." Can there be a doubt— can human ingenuity raise one, worthy of serious argument, where the northwest angle of Nova Scotia then was, and now is? i he southern boundary of Quebec is and ever has been agreed an^' recog- nised. The source of the St. Croix is established, and the polar star still shines in the firmament. Can any thing be more susceptible of demonstra- ti«n, than that a meridian line from the source of the St. Croix, well known to the southern boundary of Quebec, well known, furnishes tlm, norihw«>^t angle of Nova Scotia ; and is it not, therefore, easily and readily to be found 7 but the pretensions now put forth by Great Britain, obliterate entirely th j starting point of the treaty; nay, more, they change the long-settlod bound- tries of the Provinces. That consequence, to be sure, as a practical result may be nothing tc us, and probably will never be really carried into effect ; but its manifest absiurdity has much to do in the nscertainm^jnt of truth, and of the original understanding of this subject by Great Britain. If the posi- tions now assumed be tenable, not only does the disputed territory not belong to Nova Scotia, or Now Brunswick, as it is now called, but, together with a considerable portion of the long-acknowledged possessions of that Province itself, actually belongs to Quebec. Let a line be drawn from the bay of • Chaleurs, across mountainb and rivers, if need be, to Mars Hill, now asserted to be the highlands of the treaty, and thence, as claimed by Great Britain, to the northwesternmost head of Connecticut river, and that line must be the southern boundary of Quebec. All orth of it, including the whole of the co.tcsted territory, and much more, belongs to that Province. It has never bsui claimed as such, however, anf' Jidced could not be, consistently with the act of Parliament of 1774. The doctrines of Great Britain, therefore, are not maintained and carried out, by any practical application of them, to her own territories. The southern boundary of Quebec, the highlands dividing waters, and iiie northwest angle of Nova Scotia, for all domestic purposes, stand where they did in '83; for jther -And foreign objects, they are all un- discoverable, impracticable, uncertain. But, sir, to show the origin of this difficulty. A question was early made between the two nations, as to which was the true St. Croix intended by the treaty ; and probably that was a sub- ject of fair and honest difteronre. Several rivers had borne that name, more or less generally, from the circumstance that the French, in the discovery and settlement of the country, were accustomed to erect the Holy Cross at the mouths of the streams they entered, as a proof of dominion and occupation. This question was finally settled by commissioners appointed agreeably to the provisions of the treaty of amity of 1794, about four years after its conclu- sion, on the 25th of October, 1798. No other question respecting the bound- ary then existed, and it would have been perfectly easy at that day, to have run the line agreeablv to the trf aty. Something was said between the Gov- ernments in 1803-'4,'and in 1807, about running and marking the line ; but nothing of doubt, or uncertainty, or dispute, ;vas thrown oyer it. On the con- trary, the language employed, though not entirely conclusive, plainly implied fh-it the line was " to run along the highlands bounding the southern waters of the St. Lawrence," as expressed to the British minister, without contradic- tion or explanation on his part. Thus the matter stood, until the treaty of Ghent was under negotiation in 1814 ; and a reference to the proceedings of the ministers bv whom it was concludes!, will show, beyond all controversy, that, even at so' late a period as that, the claims now asserted by, Great Brit- ain with so mnch apparent confidence, and which she is invigorating and ex- panding with every year's delay, had no existence whatever : unless we can suppose she was anxious to obtain by grant, for an equivalent, what she al- ready owned and possessed of right. In the protocol of conference between the niinisters of the two Govern- ments, which took place the 8th of August, 1814, fnc subjects proposed for discussion between them, are stated by the British plenipotentiaries; and among them is " a revision of the boundary lino between the British and American territories, with a view to prevent future uncertainty and dispute." Inasmuch as the northwestern bosndary was also unsettled, and was indeed nmch less definite and distinct than the northeastern, the uncertainty and dispute herein intended to be guarded againjt, doubtless, had especial refer- ence to that frontier. This will bt- the more apparent from what follows. On the 19th of the same month, the American plenipotentiaries addressed 10 a letter to tlie Secretary of State, wlierein they say, that the third subject stated by the British negotiators, was " a direct communication from Halifax and the Province of New Brunswick to Quebec, to be secured to Great Brit- ain. In answer to our question, in what manner this was to be effected, wo were told that it must be done by a cession to Great Britain of that portion of the district of Maine, which intervenes between New Brunswick and Que- bec, and prevents iheir direct communication." A note of the same date, from the British to the American ministers, says, after treating of another subject: "If this can be adjusted, there will then re- main for discussion the arrangement of the northwestern boundary between Lake Superior and the iVIississippi, the free navigation of that river, and such a variation of the line of frontier as may secure a direct communication between Quebec and Halifax.''^ Let it be borne in mind by those who are not fa- miliar with the geographical features of the country, that if the British claim is vi'ell founded, there was no necessity for a variation of the line, or a cession of territory, to secure the object so anxiously sought. The proposition, therefore,, was a distinct admission of our title. The American plenipoten- tiaries declined to enter into any discussions upon thai basis. They said, whatever might be the motives which induced the demand, their duty was plain. " They have no authority to cede any part of the territory of the United States, and to no stipulation to that effect will they subscribe." The British commissioners, in reply, " were not prepared to anticipate this objeC' tion," and professed to be at a loss to reconcile the previous admission of having authority to treat for a revision of the boundary lines, with the state- ment, "that tlipvhad no authority to cede any part, however insignificant, of ihe territories ot the United Ssates, although the proposal left it op n for them to demand an equivalent for such cession, in territory or othertcise,^^ The American commissioners, in explanation, say, that it was upon the subject of a revision of the boundary liwf, as stated in the pi jtocol of conference first alluded to, to prevent uncertainty and dispute, that they had declared them- selves to be provided with instructions; "a declaration which did not imply that they were inslriiclcd to make any cession of territory in any quarter, or to agreo to a revision of the line, or to any exchange of territory tohere no uncertainty or dispute eristcd.^* And in regard to the territory desired on the northeastern frontier, they say : " This subject not having bein a matter of uncertainty or dispute, tUf. iittdersignrd are not instructed upon it, and they can have no authority to cede any part of t!ie Stale of Massachusetts, even for what the British (Jovernment might consider a fair equivalent.*' Objection was made by the British plenipoleniiarios to this distinction, upon the ground that the American ministers tlierfi)y asswmed " an exclu- sive right at once to decide what is or is not n subject of uncertainty and dispute ;*' to which it wxs replied, that imtil it should be pointed oul wherein the boundary in question " is such a snhjrrl, llio undersigned may be per- mitted to assert that it i not ;" and reasserting that " they were not autho- rijf.ed to treat on the subject of cession," yet, " they have not declined to dis- cuss any matter of uncertainty or dispute which ti..- British plenipotentiaries may point out to exist, respecting the boundaries in that or any other quarter." None was pointed out, althongli so distinctly invited ; but, in a nolo of the 8th October, the ministers on the part of (ir«'at Britain say: " The British CJovernment never required that all that portion of Mftssarhusetls inter- vening between the Provinces of New Ftrunswick nnd Quebec should be ceded to Great Britain, but only that small portion of unsettled country rd subject m Halifax rreat Brit- fected, wo at portion and Que- ters, says, II then re- y between ind such a 71 between re not fa- ic British line, or a "oposition, lenipoten- rhey said, • duty was urv of the le.'" The liis objeC' mission of tlie state- lificant, of n for them (f." The subject of renco first red thcm- not imply jiiarter, or tohere no Jesired on '» a matter , and they iotts, even listinciion, an cxclu- tainty and il wluM'oin y bf ppr- lot Rutho* nod to di.i- ilonlinrics imy other into of the Ih> British ?lti inter- should be i country a which interrupts the communication between Halifax and Quebec; there being much doubt whether it does not already belong to Great Britain." Here we discover the origin of the northeastern boundary question — its first dawnings. The '' douhf" so faintly suggested, was evidently put forth to meet tt:3 occasion ; designed if possible, to escape from the limitations so distinctly laid down by the American plenipotentiaries, and to draw the sub- ject wivhin the scope of authorized discussion, as a matter of uncertainty and dispute. Wherein — to what extent — upon what grounds— the " doubt'] was supposed to rest, was not explained, and indeed it was not per 'sted in as worth serious consideration. This review of the correspond^., between the representa;ives of the two Governments, which resulted in the treaty of Ghent, must, I think, be entirely conclusive to show, that, at that period, no uncertainty, no dispute, no doubt, fairly existed, as to the true posi- tion of the boundary line described in the treaty of 1783. The whole tenor, the very language, indeed, of it, is utterly irreconcileable with such an idea. But although it was thus free from doubt, and was easily ascertainable, it had, in fact, never been traced upon the earth, nor marked out by visible monuments. To provide for this, was the object of the fifth article of the treaty of Ghent, agreeably to which, commissioners on the part of both tia- tions were subsequently appointed, to ascertain the several points of descrip- tion in the treaty and to " cause the boundary aforesaid to be surveyed and marked, according to the said provisions:' The commissioners, having been unable to agree in the performance of these duties, came to no conclusion, and mad^rseparate reports of their proceedings to their respective Govern- ments. The nature and extent of the British claim, were here first discovered and made known to us, if not indeed first conceived by themselves. Pro- ceeding duo north from the source of the St. Croix, and at no great dis- tance from it, the commissioners reached an eminence known by the name of Mars Hill, a single elevation, standing alone, unconnected with any con- tinuous range of high country. It bwars none of the characteristics of the »' highlands" of the treaty. It is far south of the St. John, and of course could not divide the waters flowing into the St. Lawrence from those whicii fall into the ocean. It is not, and could not by possibility be, in the lino of the southern boundary of Quebec, and consequently it could not be the start- ing point, viz: •' the northwest angle of Nova Scotia." Nevertheless il was claimed as such, and diverging the^'nco almost due west, the British commis- sioner went in search of mountains and hills between the St. John and its tributaries, and the rivers falling into the ocean to the westward of it, and this he contended, was the lino indicated by the treaty. This conslructioii would give to Great Britain, not ''the small portion of unsettled country''^^ only, which she desired to procure by '-cession" and for an "equivalent," but a largo territory, embracing many inhabitants ; much more even than the •' doubt'' was suggested to exist about. The Ametiran commissioner, on the other hand, contended, that the northwest angle of Nova Scotia was not to be found south of thi' St. .)ohn ; that the due north lino was to cross that river, and passing into the highlands that bound the southern waters of the St. Lawrence, to terminnto there, as laid down on all the maps of the coun- try, and as uniformly hitherto acknowledged. The pretence that the line was not to cross the St. John, was altogether new and unheard of before. Great Britain had, under the former commission, to establish the true St. Croix, expressly assumed the contrary; not merely ndmittinR, but arguing and contending for it strongly. A few extracts from the argument of the British agent, used on that occasion, will show thii clearly. Hli object was 12 give to both nations, as far as practicable, the sources of all the rivers, whose mouths would fall within their territories, respectively. He says : " A line due north from the source of the western or main branch of the Scho- diac or St. Croix, will fully secure this effect to the United States in every instance, and also to Great Britain in all instances, except in that of the river St. John, wherein it becomes impossible, by reason that the sources of this river are to the westward not only of the western boundary line of Nova Scotia, but of the sources of the Penobscot, and even of the Kennebec, so that this north line must of necessity cross the St. John; but it will cross it in a part of it almost at the foot of the highlands, and where it ceases tc be navigable." He pushes the argument at much length, and with many illustrations. In regard also to the boundaries of Nova Scotia, and its northwest angle, now asserted to be involved in so much doubt and uncertainty, he said : " The Province of Nova Scotia at the time of the treaty in 1783, was, as has already appeared, bounded to the northward by the southern boundary of the Province of Quebec, which boundary was established by the royal proclamation of the 7th October, 1763, and confirmed by the act of Parlia- ment" before referred to. Describing, then, the northern limit of Nova Scotia as it was in 1783, to be " a line along the highlands which divide the rivers that empty themselves into the river St. Lawrence from those which fall into the sea,'' he says, " it unquestionably follows, that the northwest angle of Nova Scotia at the time of the treaty of peace of 1783, was that angle which was formed by a line drawn due north from the source of tht«^iver St. Croix to those highlands." And then, comparing accurately this description with that contained in the treaty, he inquires, " Can it be said, with any de- gree of propriety, that the limits and boundaries of the Province of Nova Scotia were unknown at the time of tho treaty of peace in 17S3 ?" Great Britain now asserts it, with what ''degree of propriety," is another matter. He pushes the interrogative form of argument. " Can it be be- lieved, or for H moment imagined?" "Can any man hesitate to suV ►^e is convinced?" "Will not this conviction become irresistible?" All tnese questions aimed to demonstrate that the boundaries of Nova Scotia were well known, and its northwest angle well known in 1783, and were adopted in, and made identical with, the boundaries defined in tho treaty. These were British arguments, and were at the time successful. The western or main branch of tho Schodiac was finally adopted, in the conviction, and un- der force of the argument, that a line duo north from its source, crosting the St. John, would reach tho northwest angle of Nova Sroiia. But nil this is to be now exploded. What was so plain in 1797 and '98, is now cnvel- «)ped in thickest darkness. Arguments so powerful from British sources, have not tho slightest weight from American mouths. The claim of Great Britain, it is apparent, grows out of tho supposed necessities of h"r condi- tion ; tho vast importance attached to h direct communication between her cis-Atlantic possessions; an object of growing value in her estimation, and which late events in the colonies tend largely to enhance. And this calls to my recollociion, a sentiment expressed by the honorable chairman of the Foreign Affairs, upon another occaiion, some days sinrr, which 1 intended to have noticed at an earlier stage of these remarks. Ho said, that the present was not a suitable time, m his opinion, to press with much ear- nesiness, foi hu adjustment of this controversy. The serious troubles in which Great Britain is Involvod with her colonies ought to dissuade us from »«i»ing Hn opporluuily, in which our motivoi would be so liable to be misun- the rivers, 3 says : " A f the Scho- BS in every 'hat of the the sources lary line of Kennebec, it will cross t ceases Ic ations. In angle, now 1783, was, n boundary y the royal t of Parlia- »Jova Scotia e the rivers which fall west angle that angle lK«^iver St. description Ith any dt- e of Novu ' is another I) it be be- ► bu;- '^e is All tnesR cotia were re adopted y. These i^estern or 1, and un- ■oxiing the Uu ill! this low cnvel- h sources, I of Great h"r condi- twoen her ation, ind is cnlls to an of ihc intended , that the iiuch oar- oiibli'H in e us from l»i misun- 18 derstood by the world. Having forborne so long, patiently, when Great Britain was in strength and tranquillity, it would be unworthy and unbecom- ing, to avail ourselves of her present emergency, for the attainment ot out rights. Such, substantially, 1 understood to be the opinion of tlie honorable member. . ^ . i -i -r e Now, sir, the measure 1 propose is entirely free liom the possibility ol any such imputation, as is supposed may in some quarters be attached, even if under any circumstances it could be justly liable, to it. It has an earlier origin than the present session, and is of an olJer date than the Canadian revolt. It was urgently requested of the executive authority nearly a yeai ago Congress, about the same time, made an appropriation for its accom- plisliment, for which, the honorable member himself, did us .he iavor to give his vote. Tliat appropriation was approved by the President, though hither- to it has not been expended. It is therefore a measure, deimndcd by Maine, authorized by Congress, sanctioned by the President, at a time when Great Britain had ail her strength at command to resist u. Now, sir, whilu I am quite ready to aciee that we ought not to do any more in the present emercency than we would under other circumstances, I cannot consent that we should do any less. I linow of no principle, which requires a postpone- ment of our rights, merely because a long-tolerated aggressor is not quite so favorably situated as he has been, or may be hereafter, to withhold them Irom us. While, therefore, 1 would not use the present exigency to hasten our movements, I would not, on the other hand, permit it to retard and pvocras^ tinale them. , , . r .i But sir, to proceed. 1 have now staled the origin and the extent ot the British claim, and the motives in which it originated ; commencing at u com- paratively recent period, in a desire to obtain by - cession a smaltract ot unsettled country only ; failing in this, it rested upon a feeble " doubt whether it did not already belong to Great Britain ; and not succeeding upon such suggestion to bo drawn into discussion, it sprung lortli m a lull and absolute assertion of title, according to the terms of the treaty ; R claim which can bo maintained, only, by u faUilication of all history ol the trans, actions connected with it; of all the maps which represent it; ..I all public documents, royal proclamations, acts of Parliament, and commissions to Governors of the Provinces, running through a period ol nearly a century, and of repeated and renewed acknowledgments of our title. Abandoning, however, as 1 have aliTady said, the claim of lull and clear title hy treaty, as Great Britain has done, rifw pretensions are put forth, equally, if not in truth, much more dostructivo of our riiihts. It being perfectly easy to de- monstrate to the unbiased judgment of mankind, that the hue claimed by Great Britain is utterly indefensible upon the terms of the treaty, the new position assumed is, that the American claim is also incomp'itihle with it; that the line is impracliciible ; not susceptible of being discovered, and there- fore, that the parti.'s are necessarily compelled to adopt another boundary by mutual aureement; and in the meantime, until such new frontier beflwi- iably established, that (Jreat Britain is to remain in exclusive posse«»ion of thovvholo disputed territory, by virtue of lior ongiiial title to iho entire country. The argument is: that prior to the acknowledgment o our inde- pendnnce, the territories, as well of the Uniie.l Stales a, of the 1 rov.ncM, belonjred to the Crown ; that the treaty allotted an.l assigned to th.t nation thereby recognised, certain desciiplive limiti ; that until these limits should l.« ,n«rWnd out. nnd the territories embraced within them should be sepn- rtited and set npart, nnd definitely allotted to the new Government, the po»..|. I M M sion and jurisdiction remained with the original owner ; and that Great Britain not having yet set apart the dominions granted by the treaty, nor savored them from her other dependencies, still rightfully retains possession, and exercises jurisdiction over the tract in dispute. It is not easy to explain, why Great Britain, upon such extraordinary assumptions as these, has been content to limit her claim to the territory actually in contest ; inasmuch as if the pretensions are good to any extent whatever, it is hardly possible to pre- scribe the boundaries within which alone they shall operate. It is, never- theless, upon such extravagant principles, that our State has lost the rightful possession of its property ; that our people are harassed and subjected to punishment by foreign tribunals for obedience to our laws ; that Great Britain is in the unmolested enjoyment, of all she ever desired to acquire by cession, with a declared resolution to maintain it, not until the old and true lino of the treaty be discovered, but until a new and a different one be ami- cably concluded. What occasion, then, for the surprise 1 have often heard expressed, that Great Britain should undertake to march troops across the debatable land \ She had often before marched, not peaceably, across it, but into and upon it, for the purpose of arresting American citizens, living under the protection of the American Government ; and Mr. Forsyth under- stood the state of affairs quite well, when he regarded the circumstance referred to, as one so insignificant as not (o require explanation. He seems tacitly to have acquiesced in the existing condition of things, and indeed there is loo much reason for apprehension, that it has been long assented to. Maine complains, and justly complains, of this arrangement. She complains that her territory has been wrested from her and transferred to foreign juris- diction ; that extravagant and unfounded pretensions have been yielded to; that, in the language of the late Governor, "You," yes, " you have spread a writ of protection over the whole mass of British aggressions," and she demands its immediate withdrawal. To a right understanding of the present position of the question in all its bearings, and ot the reasonableness of our comphrnts, it will be necessary to resume and trace down the history of proceedings between the two (iovern- menls ; and it will be seen how, step by step, year after year, gradually, and almost imperceptibly, the Government of the United States have yielded to fresh and unfounded pretensions, and have olferod injurious concessions, until at last, wo have, apparently, the only alternative of surrendering our rights pntirnly, or of asserting them in a miinncr that shall admit of no evasion. The commissioners appointed agreeably to the provisions of the treaty of Ghent, having failed to accomplish the objects intended by it, and having made separate reports to their Governments, it was required by another arti- cle of the tioaty that the suhjucts of dilference should be submitted to the de- cision of Hii umpire, mutually selected by the parties. This was accordingly agreed upon in 1827, and the King of Holland, soon after, at the request nt the two nations, consented to assume the duties of that ollko. The ffuention of boundary, thus, for ii considerable period, passpd out of the hands of tho two Governments, and was indeed in no way a subject of discussion between them, but only of argument before the arbitrator, uiilil the year 1832, when his decision was made known. Meanwliihi, complaints be- gan to be made, on both sides, of acts of occufiatioii, possession, cutting tim> nnr, opening roads, 6cc., and of exorcise of sovereignly and jurisdiction, auch us service of civil process and military enrolments ; which, being regard- ed Hi assertions of right, werr-, on boiii sides loukoti upon with jonlousy. Border difticullies naturally grew up; and as it was whoDv impossible to that Great i treaty, nor I possession, f to explain, 56, lias been isiniich as if iible to pre- It IS, never- the rightful ubjected to that Great acquire by Id and true 3ne be ami- often heard across the y, across it, izens, living syth under- ircunistance He seems and indeed assented to. complains jreign juris- yielded to; lave spread i," and she on in all its lecessary to ivo (iovern- idually, and 3 yielded to ssions, until 1 our rights evasion. he treaty of and having nother arti- d lo the do- accordingly s request of issed out of I subject of )r, until the iplnints bc- uiting tint* urisdictioM, ing regard* ii juniuuiy. ipossible to 15 foresee how long a period might elapse before the opinion of the umpire rould be known, an understanding, or arrangement, was suggested and assent- ed to, by which neither party, pending the arbitration, should exercise exclu- sive sovereignty ; each was to practise forbearance and moderation, and re- strain, so far as it could, its own citizens, from doing acts which could give occasion of complaint to the other. The Government of the United btates did not assume the power of entering into a valid and definite agreement, by which Maine and Massachusetts should be debarred the exercise ot their authority and jurisdiction, and from their rightful possession. It proiessed, only to exercise its good oflices in inculcating a spirit ot moderation and for- bearance, in the assurance that it would be reciprocated by Great Britain. A few extracts from the correspondence between the Governments will show the nature and extent of this arrangement, in its incipiency, and as we proceed will show also how it has been perverted and enlarged greatly to our '"■^Oiithe 15th iNovember, 1825, the British minister, Mr. Vaughan, address- ed a letter to Mr. Clay, ilien Secretary of State, complaining of certain pro- ceedings of the agents of Maine and Massachusetts on the disputed territory, and ho used this language in regard to it : " I am sure, however, that you will concur witii me in opinion that so loiig as the oues- lionof the boundary remains in the present undecided slate, it will be the duty of our Gov- ernments to control, mulnally, any conduct, on the part of their respective subjectc, which is calculated lo produce disunion and disa^frcemenl. ... ,, ., .... , ,. "I trust therefore, that the conduct of the individual, which I have thought it my duly to bring before you, will nieet with the disapprobation and discountenance nf the Oovern- mentqf' the United Stales.'' Mr. Clay accordingly addressed the (iovernora of these States, severally, upon the subject, and communicated what he had done, to Mr. Vaughan, in this form : "And you will accordingly observe that 1 have, by the direction of the President, inculcated a spirit of forbearance and moderation on oui side, which we hope will be hereafter practised on yours." On the 16th January, 1827, Mr. Vaughan again addressed the Secretary, in regard to new transactions of the agents of the Stales; and alluding, first, to the former correspondence, says : " An inquiry into the circumstances of the encroachments complainrd of took place, • nd (I spirit of forbearance and moderation iras inmkaledbij the directions qf the President, which induced mo to hope that I should not have occasion lo recur a^ain to a reprPHcnta- fion of a similar nature." He proceeds: " Mv former representation was met by you in so conciliatory a spirit, ihot I amenconr- Miod lo hone that ihe intervention of the Oovernment qfthe United Status will beefeclually eterted to indurethe Uovernmentsqf the States qf Maine and Massachusetts to obslain from measures which t.ai be construed into a premature exercise of aulhorily in a disputed ter- ritory, and which may lead to collision of a most disaKreenble nature iielween the settlers in that territory." Mr. Clay, in reply, said ho should lose no time in communicating with the Governors of the States, " and requeatiug thorn, respectively, to continue, until the question is %v\\\(n\,io practise that system of forhi arancc and mod- tration., which, it appears to the President to bo expedient for both Govern- ments lo observe." ,, . , „ • In July, 1827, Mr. Ciallatin, then minister of the United States at Lou- don, writes to the Secretary of State, " Mr. Canning also suggested the pro- priety 01 abstaining on hoth sid??^ prndirg the suit, from any act of -ovsr- •ignty ever tho contested territory." 16 n Mr. Clay, in September of the same year, in transmitting to Mr. Vaughan charges against the British authorities of aggressions and exercise of sover- tignty, in imposing taxes, and military duty, upon citizens of the territory, says, " it is inconsistent with tiiat mutual forbearance, which, it has been un- derstood in the correspondence between us, would be inculcated and prac- tised on both sides." It is very manifest, that, at this period, the arrangement, though not formally drawn up, was quite clear and easily understood. The p^irties stood upon grounds of perfect equality. Each was to restrain its own citizens, but not :o arrest and imprison those of the othci party, for supposed offences. The remedy for alleged grievances, was, an appeal to the Government of the ag- gressors; requesting a disavowal of the acts, and efforts to prevent a repeti- tion of them. But, having succeeded in inducing the States interested, at the instance of the General Government, and under assurances of similar forbearance by Great Britain, to forego, for the time, the exercise of their just rights, Gr"at Britain deemed it suitable lo put forth a new interpretation of the obligations on her side. The acts complained of in the last note of Mr. Cl.iy, which were acts of sovereignty and authority, were at length dis- tinctly avowed and justified, as well by the Lieutenant Governor oi New Brunswick as by the British minister, uf)on the ground that the settlement of Madawaska, wherein they were committed, was a British possession, under British jurisdiction, and subject to all the laws prevailing in the Province of New Brunswick. The Lieutenant Governor, in a letter of October 4, 1827, says : " This sfttli'iniMil I am bouiul to cuiisider as a (jart of New Brunswick ; and I can neither per init the actual posseniion to bf. disturbed, nor suspend the municipal laws of the Province I'rotn their ordinary operation over those parts." " The long-established British sptilement!" in the disputed territory must vecessnrily re- main under the jurisdiction of this Government, or be abandoned lo anarchy, in the ab- sence of all rule, until a final decision can be niadf ot the question of right under the treaty of Ghent. It", on the other side, allempls be now made to establish setilemenls and juris- diction in Iho wilderness part of the territory, or to subvert the actual possession and ju- risdiction of his Majesty in the parts lonn since settled, as measures expressly devised to meet, or countervail, in the pendinif np;rntiations, our actual possession ol the seUlemiMit in quttilion, by a;«!4umption» of jurisdiction, reai.stance to the municipal laws of this Province, and co-ordinate exercise of rule, then much disorder, outrajje, and strife, must ensue. Such assumptions Would, moreover, be ii direct departure, on the port of the United States, from that course of mutual forlienranco which has be'.'n here ti ictly observed." The Govcriinjent of New Brunswick did not stop with the mere assertion of riijhf. It was put into strict niul severe e.\oicise ; until nt length one of the inhahitJints of the territory, an American »iti/..'n, wnx arrested, indicted, tried, and convicted of seditious practices, and resistance lo British authori- ty. In contmunicnting these irnnsaclions to the British minister, and sta- ting the proofs, Mr. Cluy, in letter of November 17, 1827, says : " Such is the case made out by this testimony. I sholl abstain, at this lime, from par- ticular comments upon it. Tlui |iroerediiiKs which it discloses being in •ompaliblc with the rights of the United Stairs, iit vi.riance with that forbearance and moderaiion which It hus been understood between \\„ were to be muUiully obsorved, and exhibiting the pxor- ctse of rinorons acts of authority within the disputed territory, which cmildonli/ be juntifiei hy consider in If it nsconslilulingun in-onttelable part of the iiriliih doniiniove, I have to request such explanation ns the orRB the President's expectation that Mr. Vaughan will make such representntions as will prevent, in future, any such jurisdiction from being ex- erted." , . , . . , , .c 1 Mr. Vaughtni, however, continue J to loasscrt the principle, that "the vereicniv and jurisdiction of thn dispu^'d territory rests w sovereignly lall have Britain, until thai portion oj it designated in the treaty of 1783 iA* ^ btenfinnlly tet apart fronithe Brilisli possessions, as belonging to the tiniitia ri 18 States." What portion of " the disputed terriiorij''^ he intended to admit was designated in the treaty as belonging to the United S^afcs, does not appear. Another extract ftom Mr. Vaughan's letter : "All persons of whatever de- scription, who take wp their residence in the disputed territory, are within the British jurisdiction until the boundary line is adjusted, and owe a tem- porary allegiance to his Majesty so long as they remain under his protec- tion." This renewed avowal, on the part of the British minister, called from Mr. Clay a long and decided reply and remonstrance, which he would have forborne, as he said, " but for certain opinions and principles advanced by Mr. Vaughan to which the undersign 3d cannot assent. And he feels it to be necessary, to guard against any misinterpretation from his silence, ex- pressly to state his dissent from them." I must crave the indulgence of liberal extracts from this letter also, which bears date 17th March, 1828 : " It would furnish a just occa&ion for seiioua rc^rret, if, whilst the settlement of that question is in amicable progress, any misunderstanding should arise between the two Gov- ernments, in consequence of what must bo regarded by the Government of the United States as the unwarranted exercise of a right of jurisdiction by the Government of the Province of New Brunswick within the disputed territory. " The undersigned cannot concur in the opinion that the limits of the treaty of 1783 being undefined and unadjusted, the sovereignty and jurisdiction of the disputed territory restB with Great Britain until that portion of it designated in the treaty of 1783 shall have been finally set apart from the British possessions as belonging to the United States. Mr. Vaughan's argument assumes that some other act of setting apart the territories of the United States from those of Great Britain than the treaty of pnace of 1783 was ne- cessary ; and that, until that other act should bo performed, the United Stales could not be considered in possession. This argument would prove that the United States are not now lawfully in possession of uny portion of tho territory which they acquired by the war of their independence; the treaty of 1783 being tho only act of separation in virtue of which they are in possession of their territory. If, at the conclusion of the treaty of 1783, Great Britain had had the act.ual, and not merely constructive, possession, and that actual possession had all alontr remained with her, Mr. Vaugiian might have contended that th« Government of Great Britain had a rijiht to exercise a jurisdiction dt facto over the dis- puted territory. But at that epoch neither party had the actual possegsion of the disputed territory, which was then an uninhabited waste. Which of tho parties had tho rignt of the pos;(ession, depended upon the limits of the treaty of 1783." ♦ ♦ ♦ ♦ " It follows, from the view now presented, that the undersigned cannot subscribe to the opinion that the jurisdiction of tho British Government, through its provincial authority, over the disputed territory, has continued with Great Britain, notwithstanding the treaty of 1783. To maintain that opinion, Mr. Vaughan must make out either, first, tliat tho terms of the treaty do exclude altogether tha disputed territory, or that, if they include it, actual possession of the disputed territory was with Groat Britain in 1783. Neither proposition can beestablinhed. " Mr. Vaughan seem« to think that tome civil government is absolutely necessary within the disputed territory. If its utility lie conceded in reference to the inhabitants, it would not be a necessary consequence that the Government of New Brunswick, and not the State of Maine, ought to exert the requirite civil authority." ••The undersigned finds himself as unable to agree that the v.iisconduct of Mr. Baker, whatever it may have been, warranted the Government of New Brunswick in taking cog- nizance of his case, for tho purpose of trying and pui ishing him by British laws, as he wan unprepared to admit that the want of civil govennnent, on tho part of the inhabitants of the disputed territory, created a right in the Government of New Brunswick to supply, in that respect, their necessities. In assuming that Baker rendeied himself amenable to the iitrs of New Brunswick, Mr. Vaughan decides the very question in controversy. He de- cides that the part of Maine in contest appertains to the Province of New Brunswick, and that the laws of New BnuiRwick can run into the State of Maine, as the limita o< that State are luiderstood to exist by the Government of the United States." * He concludes in these words : "'Jurying ffofTi paot experience, an Well as ihc Unrcrtaiiily of hutiiaU nifaifa in gciicrai, we arc far from being sure when a decision will take place. If, in the mean time, Great firitain were to be aMowcd quietly to poeecss herself of the disputed territorj*, and to ex- li to admit ot appear, atever de- are within we a tem- lis protec- ter, called I he would advanced 1 feels it to lence, ex- ilso, which ncnt of that he two Gov- fthe United imcnt of the paty of 1783 ted territory 3 shall have States. Mr. itories of the r83 was ne- ea could not ateg (ire not i by the war in virtue of !aty of 1783, J that actual ided that the iver the di»- the disputed the right of * * scribe to the al authority, the treaty of lat the terms idc it, actual • proposition sgary within itfi, it would and not the Mr, Baker, 1 taking cog- ■, as he wax ihabitants of to supply, in •nable to the sy. He de- inswick, and imitfl of that 3 in gcitcmi, time, Great r, and to ex- tend her sway over it, she would have no motive for co-operating in quickemng the termi- nation of the settlement of the question. Without imputing to her a disposition to procras- tination, she would, in such a state of things, be in the substantial enjoyment of aU the advantages of a decision of the controversy in her favor. The President of the United States cannot consent to this unequal condition of the parties .■ and the undersigned, in conclusion, is charged again to protest against the exercise of all and every act of cxclu- sive jurisdiction on the part of the Government of the Province of Nevv Brunswick, and to announce to Mr. Vaughan that that Government will be responsible for au the conse- quences, whatever they may be, to which any of those acts of jurisdiction may lead. Now sir, these were very distinct and very significant admonitions. The Kroundless assertions of fact, and the equally unfounded assumptions of right, on the part of the British Government, were both repelled in the strongest manner and in clear view of the consequences which might ensue, if these assumptions were persisted in. The argument having been earned thus far on this side of the Atlantic, the American minister at the court of ^^ondon was directed to renew it there, and full instructions were given hitti, from which, although the whole is in strong terms, a single sentence will suffice: " The President hopes that the British Government, participating in the desire which he most anxiously feels to avoid all collision on account of a temporary occupation of the ter- ritory in contest, will effectualbj interpose its authority to restrmi the Provincial Govem- mem from the exercise of any jurisdiction over it. ^uch an interposition alone will su- persede those precautionar>- measure, which this Government will otherwise feel itself con- strained to a'Aopt." Accordinely, this subject underwent full discussion betvveen Mr. Law^ rence, then representing this Government at London, and the British mm- istry. He maintained the argument on our sido with great zeal and abilit}-. The same principles were avowed there, which Mr. Vaughan had asserted here, and they were repelled and refuted in the same manner. The most explicit and distinct admonition was given to the British Government, that, if it persevered in the exercise of sovereignty and jurisdiction, this Govern- ment would not hold itself responsible for the consequences to which it would lead. Such was the language and such the temper of the Government in 1828. The " precautionary measures" referred to, were also begun to bo taken. A military road was constructed by the United States, from the settled parts of Maine, to the vicinity of the frontier, and a garriso.. estab- lished there. Another road was also projected, and authori^^d by a joint resolution of Congress, approved March 2, 1829, from Mars Hill, or some other suitable point, to the mouth of the Madawaska river, running directly «ver and upon the disputed territory ; and Maine had reasons to believe that she was to be fully secured in her rights, and amply protected against fot-eign , agression. A crisis had arrived which was likely to test the firmness of our Government. Our rights had boon asserted in a manner which admitted of 3 honorable abandonment. Such was the posture of affairs in March, 1829. What is their attitude now, after the lapso of nearly nine years? In what respect have they been improved or advanced ? A new epoch hud arrived. Other men succeeded to the administration of the Government, and upon them devolved the duty of maintaining the c'aims wo had put lorth, and ot advocating the high and just principles upon which they were founded. The last and sFrenuous demand of our Government upon Great Britain, was, that she should redress the wrongs she had infiictcd, and should cease at once from ^11 jj..,i „ f ..wor«i«ntv und iurisdiction in tho contested territory. How'TiarthiLVlemn demand, so absolutely essential to our security and the attainment of our rights, been persisted in I How has the original under- h t 20 standing in regard lo possession and jurisdiction been interpreted and con- strued? VViien the new administration came into power, the main ques- tion was still under arbitration ; but the collateral or intermediate questions of possession and jurisdiction were at direct issue. How have they been dis- posed of? The earliest reference to this matter by the administration of General Jackson, is in a letter of 11th March, 1829, from the acting Sec- retary of State to the British minister, wherein he speaks of the disposition on our part " to enforce a strict observance of the understanding between the two Governments, that the citizens or subjects of neither shall exercise any acts of ownership in the disputed territory whilst the title to it remains unsettled." And again, also, " of the just and confident expectation entertained by the President that the conciliatory understanding or arrangement between the two Governments of the United States and Great Britain, already referred to, should not be disturbed by the citizens of these two States." This was well enough, so far as it went, but it was not the whole arrange- ment. It was the precise interpretation endeavored to be put upon it the preceding year by Lord Aberdeen, limiting it to acts of individual owner- ship by citizens or subjects, instead of extending to governmental authority and jurisdiction. This interpretation was then strongly repudiated by Mr. Lawrence. Nor was this all. In reply to the remonstrance of Mr. Vaughan against certain proceedings, indicating an apparent intention of occupying Mars Hill and the extension of the military road, authorized by the resolution of Congress, Mr. Van Buren, then Secretary of State, while asserting our rights, and repelling the British claim, says : " That although this Government could feel nodifficulty in theexercise of what it deems Rn unquestionable rifrht, and could not allow itself to be restrained by the protest of the Lieutenant Governor of New Brunswick, yet, as a further proof of the spirit of amity, for- bearance, and conciliation , which the President is desirous of cultivating between the two Governments, he has decided to postpone, for the present, the exercise of the authority vested in him by the Congress of the United Slates, to cause to be surveyed and laid out a military road," &c. &c. And subsequently adds his hope that Mr. Vaughan would perceive in this determination of the President, "an additional evidence of tlie desire which he sincerely entertains, and which he has heretofore caused to be communicated to Mr. Vaughan, that both Governments should, as far as practicable, ab- stain from all acts of authority over the territory in dispute, which are not of immediate and indispensable necessity, and which would serve to create or increase excitement whilst the matter 's in course of arbitration." Now, sir, this idea of abstaining " as far as practicable,''^ as well as the ground of " necessity" for some civil government in the territory, which seem to be herein admitted, were the precise arguments used by Mr. Vaughan the year before, and which were then declared to be entirely inad- missible. The admission is a very dangerous one. The " necessity " for •(?^ercise of auUiority would, of course, in all cases, be judged of by Great Britain, or the provincial authorities alone; and if allowed at all, it could always be justified on this pretence. Such has, in fact, been the practical result. In July, 1832, another admission of the British interpretation of the ar- rangement seems to have been made by our Government-, and one which had also before been wholly objected to by Mr. Clay. In a letter from Mr. Livingston, then Secretary of State, to Mr. Vaughan, of the 21st of that month, it is said: 21 d and con- main ques- Le questions jy been dis- listration of acting Sec- i disposition ing between lall exercise it remains ained by the between the idy referred icle arrange- upon it the dual owncr- tal authority iated by Mr. ghan against ipying Mars resolution of ig our rights, r what it deems e protest of the t of amity, for- tween the two the authority I and laid out a rceive in this sire which he ammunicated cticable, ab- hich are not rve to create on." well as the ritory, whicli ised by Mr. mtirely inad- scessity " for of by Great t all, it could ihe practical n of the nr- d one whicf! »lr. Vaughan, " Until this matter shall be brought to a final conclusion, the necessity of refraining, on both sides, from any exercise of jurisdiction 6ei/ond the bovndaries now actually possessed, must bo apparent, and will no doubw be acquiesced in on the part of his Britannic Majes- ty's Provinces, as it will be by the United btates. The admission here is, that Great Britain had some actual possessions, and so far, she might rightfully exercise jurisdiction; whereas the doctrine of 1828 was, that she had iw possessions except what she had lately usurped at Mad- awa'ska, asd that neither there nor elseiohere should she be allowed to exer- cise any authority whatever. Taken together, this interpretation, at first view, would seem to be in some degree equal and impartial, inasmuch as it implied that tee also had some possessions where toe might exert authority. And yet coupled with the former pretensions of Great Britain, that she had always been in possession of the ivhole territory, because it had never been "set apart," Mr. Vaughan might very well say, in reply, " That his Majesty's Government entirely concur with that of the United States in the principle of continuing to abstain, during the progress of the negotiation, from extending the exercise of jurisdiction, within the disputed territory, beyond the limits within which it has hitherto'been usually exercised by the authorities of either party. According to the assumptions of Great Britain, there was no necessity on her part, for " extending " jurisdiction. The arrangement bound us only ; and accordingly, whenever we have put a foot upon the territory, it has been desounced as an extension, a violation of the understanding ; but whatever they have done, is merely in virtue of an ancient possession ; an original jurisdiction. This arran?ement seems to have had an earlier date even than this ; at least, it had"been already brought to the test of practical appli- cation, as the former one had been, by the arrest of Baker in 1827 ; and to the proceedings I am about to mention, I confess I cannot look, but with feelings of the deepest regret and mortification. In 1831, the Legislature of Maine incorporated a town within the disputed territory, by the name of Madawaska, on the southern side of the St. .Tohn ; embracing very little, if any part, indeed, of ''the ancient settlement wherein authority had been claim- ed and conceded on the ground of" necessity " >r because it was within the bounds of actual possession. The inhabitants of the territory thus incorporated, acting under the pro- tection, as they supposed, of the laws of the State, and with the broad banner of tho Union unfurled, as they believed, over their heads, undertook to organize the corporation by the choice of municipal officers. Their pro- ceedings, however, were soon arrested by the Government of New Bruns- wick ; several of them were seized and imprisoned, and others were driven from 'their homos and their property by military force. The Governor of the Slate communicated these transactions to the President. He informed him that the proceedings of the persons implicated " t^erc authorized by the constitution and laws of the State:' and appealed " to the Genera! Government of the Union to adopt the necessary measures to procure the release of our citizens from impiisonment, and to protect our State from foreign invasion." Expressing great confidence in the action ot the General 'Government, and a willingness to await the " direction of the President, he concluded ; " In the mean time it will be my endeavor that this State may be prepared to exert tho means within her power, which may be necessary for the protection of her territory and the security of her citizens. Suci. was the language and tho spirit of the demand made by a sovereign State of the Union for its constitutional right of security and protection. And how was this demand mcti By a stern rebuke for her unauthorized proceedings . I 22 r By an admission which Maine and the General Government itself had before repudiated : that Great Britain actually held the possession of the disputed ground, by assertion that an arrangement had been made, binding on Maine, of which these proceedings were f». ''iolation, and that Great Britain might, therefore, be justified in taking into her own hands the punishment for that violation. I will read extracts from Mr. Livingston'^ letter to the Governor, dated 21st October, 18^1 : " And you will observe the extreme desire of the Executive to conform, with scrupuloxit good faith, to the arrangement made with the minister of Great Britian for preserving ike stale of things as it then existed on both sides, until a final disposition could be made of the question." What this arrangement really was, and when entered into, nowhere ap- pears. Mr. Livingston says, " it teas communicated to your excellency, ^^ but in reply to this, the Governor says, " until your late letter, no notice of such an arrangement was communicated to me, and no copy of it can be found among the archives of this State." Mr. Livingston, however, proceeded : " it was distinctly understood that no exertion of the State authority in the parts of the disputed territory which were actually held by the British, should interfere with this agreement." I do not perceive that the Governor any- where repelled this assumption of power on the part of the General Govern- ment, then for the first time avowed, to interfere with and check the exer- tion of State authority, and I regret lie did not. " The first extract from your letter which I communicated in mine to Mr. Bankhead, gave the President reason to believe, as I expressed myself, that the election meetings at Madawa»ka were unauthorized, as they were clearly a breach of tho arrangement with the British minister." ♦ ♦ ♦ " The call for his protec;ion to the citizens of your Slate who have been arrested in consequence of those proceedings, and for repelling what, you con* pider as an invasion of your State, uould havecalled for very different measures, if the first departure from the understanding between the two Governments had not proceeded from the persons who have been arrested : and if the authority exercised recently by the Govern- ment of New BrunswicJ; 'laii Lee i in a settlement which, at tho time of the arrangement was not defacto in the oc( opaiion of the Brit' ,Ii. As llie case is, however, tlie President cannot consider the c"i\' '.i.ii-e >:: the occupuiion, by the oHicers, civil or military, of the British Province, as ua ....aaion; out will take all proper measures to procure the release of the ill-advised persons who have been the cause of the disturbance." Such was tho language, sir, addressed to the State on that occasion. The " ill-advised pcr-sons who had been the cause of the disturbance," happened to be the Governor himself, and the members of the Legislature ; although they were, probably, not directly intended by the Secretary in this remark. Such was the rebuke Maine received fdr proceedings avowed to be ^^authorized by the constitution and laws of the State." No demand was made upon the British Government for the release of these citizens, nor for redress of the wrongs infliicted upon them ; but, on the contrary, their acts were not only disavowed by the General Government, but it was insisted, to Great Britain, that they had also been disavowed by Maine herself. The authority, and the sole authority for this, was an expression in the letter of the Gov- ernor, which communicated the circumstances, in these words : " However unexpected and regretted by mo are these transactions." Upon these words, " unexpected and regretted," the Secretary of State presumed to assure the charge d'afiaires of his Britannic Majesty, that the elections complained of " were made under color of a general law, which was not intended by either the e.xecutive or legislative authority of the Stale, to be executed in that settlement, and that the lohole loas the. work of inconsiderate individuals." Nav, further, '* tho iunovatioii on the existing state of things In the disputed territory being distinctly disavoived by the executi^ authority of the State, 23 ' had before be disputed J on Maine, itain might, ent for that ! Governor, ith scrupulous jT preserving ould be made owhere ap- piceltency" notice of f it can be proceeded: ority in the itish, should vernor any- ral Govern- k the exer- [r. Bankhead, in meetings at nent with the 3ur Slate who ^hat you con* es, if the first roceeded from y the Govern- ! arrangement the President ilitary, of the re the release asion. sturbance," jpgislature ; tary in this 'owed to be d was made r for redress ;ts were not d, to Great e authority, f the Gov- " However hose words, ) assure the iiplained of id by either ted in that dividuah.^^ iic disputed ' the Stale, no act of authority or exercisr, of jurisdiction having lollowed the electioii Wei sir, wl>at Lnl What farther humiliation ^ ;' I would respectfuUy ZTLrl-Bol sir enough. I pass it over. Suffice it to say, that agreeably Trc4">«rs"gg-tion, t'he ^^ prerogative^^ ; of mercy" was extended o them bv his iMaiesty's Lieutenant Governor of New Brunswick ; m other wo d: a adon7as g'ranted to them ; p«./«n, for the high -ime o o ed. ence to American laws. If anything were wanting to fill "P^^'^Jl'^Jl of our humilation.the President, thereupon, instructed ^»^«^ S^^7;Y«fJL^ ^^^^^ " to express his satisfaction at the prompt manner in which his ^ W*J^««» have been complied with ; and to say, that he considers it as a proot of t^u, disposition of his Britannic Majesty's officers to preservP the harmony that so happily subsists between the two Governments. • , . j • ut= i Here is^ model for indignant demand, and resentn^ent or violated rights ! ThanksM a gracious pardon to American citizens, for obedience to Ameri- cin laws, on American soil ! How does this contrast with the "se ot Baker, arrested in 1827, acting upon his own responsibility, '".obedience to „. laol The language to Great Britain then was, " ^/^a^e.er his ^^^^^^f^ may have been." l^owever we way disapprove it, he is not ^^^'^^^^^ ^'^^ laws. FoM cannot punish him. You must release him. You must cease threxercise of jurisdiction. But now, " forsooth, these are very inconsid- erate individuals, whom we hope you will forgive . But sir I see with profound regret, in the documents last communicated. e-Mdence o a n ore slartling character still of a surrender of the territory to British possession and authority ; evidence ^or the first time disclosed and which, 1 h'^zard little in saying, will be received in Maine with '^e 'vel.est surpri e. Complaints of cutting timber, and other acts of o^^^^^ip, have beer., on various occasions, made upon both sides ; and -P--"y';7- J; stance, the proceedings of a person assuming to be a '^;;^'^h "f «^'Jf "^^^J! subiec of remonstrance ; in explanation of which, the Lieutenant Gov- ernor of tne Province, in a letter to the British minister, dated January 20, 1834, says : . , , , , j " Mr Machuchlan was appointed to the wardemhip oflhe country, with i\i& knoxnUdge Mr. ^^^'=''^"7/'-" p„„ j;„, . ana it is not conceived, therefore, that any fair ground oPolSl "a ^tlen t faithful performance of the duties of his office But this GovSentn"vcr has admitted, and never can admit, the right of any "S"' f-^"™ Mamo or MaSusetts to exercise authority xoithin the conventional frontrer of the Province, while its proper limits remain a subject of negotiation. „ , ,. , This letter was communicated to the Secretary of State on 28th February foUowinff bv Mr. Vaughan, who makes use of the same form ot expression, " ircLi«o proceedings of the aulliorities of New Brun.iwick, ns a riolation of the n>/i/,s qf .Maine, in the person uf her ui^mt i and to protest in the inost solemn man- nor against the fnluree-iercise of oil such acl^ of jurisdiction and sovereignty over the dis- imteilterritory, or the citizens of the United Stales residing within its limits, until a flnsl ndiustmont ol the controversy takes place." '" It cannot bo expected, if the authorities of New Brunswick still ptrievere in xHtmpl- ing to exercise juMsdiction over the disputed territory, by the arrest and impriionment In foreign jail* of eitirens of Maine, for performing their duty under the law of their ovn State, and within what is believed t(> lie her territorial limits, that mrunuros of retaliation will not be re«iorted toby Maine, and great mischief ensue. 80 " Indeed, under existing ciicmnslnnccs, and in the nature of human connexions, it is not possible, should suck a course of violence be continued, to avoid collisions of the moat painful character, for which the Government of the United States cannot be responsible, but which both Governments would equally deplore. " It was doubtless with a view of iijuarding against these consequences that the un- derslanding took place that each Government should abstain from exercising jurisdiction within the limits o) the disputed territory, pending the seitlcment of the main question. " The undersigned cannot permit hrniself to doubt but that, upon a careful review of the whole subject, her Majesty's Government will see fit not only to marl: mtk its disap- probation thislast irocecding of her colonial Government, and direct the immediate liber- ation of Mr. Qreely from in.prisonment, with ample indemnity for the wrongs he may have sustained, but that it will see the propriety of giving suitable instructions to the authorities of New Brunswick to abstain Jar the future, from all acts of that character, which can have no other tendency than to increase the excitement and jealousies which already pre- vail, and retard the final and amicable adjustment of this painful controversy." Mr. Speaker, this was once familiar language. It cnrrics us back many years. Indemnity for the past, security for the future — abstain bereafter from all acts of jurisdisction — if persevered in, we are not responsible for conse- quences I i wait, sir, with some anxiety and some curiosity, for tlie fartbcr development of these proceedings. I desire to see wlictber our Govern- ment will sustain its minister, in tbe lionorable position be has taken ; wheth- er, in truth, we hav(,' at length the consolation to believe, that all the diplomatic arrangements, which " have spread a writ of protection over the whole mass of Biitish aej^'ressions," are about to be abrogated. I confess, I am not without apprehension on that subject. I do not perceive, in the pa- pers emanating from the Department of tState, the satrio zeal and spirit which actuated the minister. When the interposition of the President whs first invo- ked bv the Governor of Maine, it seemed to have been an ''uvwrlcome subject." The circuntstances were not regarded as sufficient " to warrant the interfer- ence of thy Government, at pr-^sent." Farther explanations were wanted, and " a full knowledge of all the fads illustraiivo of the case," " before any formal application for redress could properly bo preferred." But let that pass. Instructions were finally given to our minister, to demand the rcleaie of thfl prisoner, and indemnity for hW wrongs. Ho was discharged from im- prisonnuMit, by the provincial Government, before any answer had been returned by the British Government ; and, in point of I'act, I believe, before the demand had actually been made by Mr. Stevenson for his release. In what mode, therefore, and upon what grounds, be was then released, wo have no knowledge. He was, however, soon iifier, i.rrcsted a second time, and iho aid of tiio General Government was again solicited. In this instance, prompt instructions were given to thn n)inisler. The President, however, seemed to apprehend, that the acts for which Greely was arrested wero a violation of the arrangement, in regard to the possession and jurisdiction of the territory ; inasmuch as tho larger portion of ihu Secretary's letter to the Governor, informing' him of the measures he would adopt, was devoted to renewing and re|)eating an udmoniiionlo practise moderation and forbearance, and to co-uperaU with the Government in a condliatorij course. ; \\\\ adnu)- nition quite unnecessary at that time and in that connexion ; but front an idea that Maine, in this inslancr-, also, had been the aggressor, ns in the former case of the incorporation of Madawaska, sho had been explicitly declared to be. Hence the instructions to Mr. Stevenson were, not to found his demand upon till? great and substantial principle that Great Rrilain had no right of jurisdiction whatever, in any case, for any cause, and that iuch claim would not be acquiesced in ; hut upon the eround, that lie acts t omplained of were innoccnit in their character, and conld not fairly be roo'^idered a breach ol tho arraiigomeni subsisting botwcon tho Govcrnmcnti. The lunguugo of the Secretary of State is : «7 [ions, it is f thu moBt esponsible, at the un- uriadiction eslion. li review of I'l its disap' dinte iiber- e may have authorities which can ircady pre- jck many iifter from for conse- lie farther • Govorn- ; whfth- it all the 1 over tlio confess, I ill the po- lirit which first invo- e subject." 'J interfcr- c wanted, )pforo any lit let that lie reluate I from im- had been vo, beftire lease. In I, wo have time, anil s instaniT, , linwover, 'd wero a sdiction of 's letter to devoted to rbearance, nn adnio- on) nn idoii Drmer case I'd to be. In diMtiand no rij^ht of aim would rd of were I breach of lago of the " This arrest was made on a part of tlio territory in dispute between the United Slates nnd Great Britain, and could only Imve been justijied, in tiic existing state of that contro- versy, by some plain infringement of the understanding wliich exists l)Ctwcen the parties; that, until the settlement of the question of right, there shall be no extension of jurisdic- tion on either side within the disputed liinitB. It is not perceived how the simple enumer- ation of the inhabitants, about which Mr. Greely was employed, could bo construed as a breach of that understanding." It seems to me, that this is a protly plain admission that, if his proceed- ings could be so regarded, his arrest was justifiable, and we have no cause of complaint. It surrenders the strong ground, which, however, the minister, notwithstanding, planted himself upon, for the weaker out. It is not the true ground ; and, if 1 know any thing of the sentiments of Maine, it is not the foundation she will be content to rest it upon. The doctrine in 1828, in re- gard to the arrest of Baker, was, " tchatever his misconduct may have been,''* Great Britain has no cognizance of his cose ; sho shall not adjudicate upon his guilt or his innocence. It is the language now held by Mr. Stevenson ; for, although he suggested the other view of the matter, it was faintly done, and not pressed nor relied upon. The principle apparently admitted by the Secretary is, in my judgment, not only untenable, but can be of no practical benefit or utility. Who is to determine whether any specific act is or is not a violation of the informal arrangement so often spoken of] Clearly, the tribunal which takes cognizance of the complaint. And if it decide, as it undoubtedly would, against the innocency of the transactions, what theni Are the proceedings to be justified 1 Is the citizen to be abandoned to his fate for having yielded obedience to our laws" Is Government to be silentl Is the demand for redress to be withdrawn ] These are topics worth tho consideration of those w'-o conduct the affairs of Government, and I com- mend them to their attention. I wait to see tlio principles announced which they will, at this crisis, maintain. 1 wish to be informed how our Govern- ment will meet the answer wo may reasonably expect to receive from Great Britain. There is, in my opinion, but one way to do it; and that is, to tell Great Britain, we have submitted to your exercise of authority long enough, in the hope of an uarly adjustment of the controversy. We submit no longer. We go back to tho old position, from which we have been drawn out in a spirit of conciliation and forbearance. We abrogate all arrange' ments and understandings, which have been so perverted and abused. We take a new observation, nnd a new departure. In 1829, the President of the United States, then Secretary of Slate, said, in a letter to the British minister, and said truly : " More than twenty ycnrs ngo, l.xrgo trncis of land, lyina westward of Mars Hill, and northward on tho river Restock, wore grantod by dm Slnta of MassachuHolls, ickich traclt are held and possensed under those f;ranls to th.s day ; and the Uniieil States and tho Stntcsof MnHtacluuellK r\nd Mnino, in snccrsfiun, Imvu never eeased to exercise that jurisdiction which iho unKcttlud condition of tho country in that region, nnd other circum ilnncrs, admitted and required." I flesire to know from him, what has becomi' of thoso possessions, and that jurisdiction] Wheif* are they] By what right have ihey been surrendered] Whertfore have they now passed away from us] Suih is the history ledioiM and uiiinleresting, I fear, of tho proceedings, which have finally resulted, as Mr. Clay, in 1828, prophetically .said they would result, in giving to Groat Britain '* tho substantial I'njoynicnt of all tho advantages of a decision of the controversy in her favor ;" a result, too, under thu intiunnce of which she has, as he also said, " she would have, no motive for co-operating in quickening the termination of the settlement of the queilion." At that time, and in view of this result, it whi uimounctd, "The 28 President of the United States cannot consent to this unequal condition of the parties.^'' Can it be consented to now ? What has rendered it more tolerable than it was then? How long shall it be borne 1 I remarked, in the outset of these observations, that Maine had scarcely yet ever been in- formed of the nature and extent of the pretended arrangements, which have so seriously affected her interests. She has, in truth, been kept in the dark upon the subject. The Governor, as I have shown, in 1831, expressly denied that he had received any information in regard to it, or that any could be found in the archives of the State. Whenever it has been since alluded to, a form of expression is used, which can hardly be accidental, very different from that employed in the correspondence with Great Britain ; an expr-ission which gives little if any information to Maine of the precise extent of the obligation you have unwarrantably assumed to impose upon her. In Octo- ber, 1831, Mr. Livingston says, to the Governor, the arrangement was " to preserve the state of things as it then existed, on both sides." What state of things'? Maine was in possession, and was willing to preserve that state of things; but it is gone. In August last Mr. Forsyth says : " In speaking of the restrictions imposed upon Maine in rc( liiiming her rightful juris- diction, your excellency doubtlessly refers to the understanding between the Federal Gov- ernment and lluit of Great Britain, that each party should abstain from the exercise of furiediction over the disputed teiritory during the pendency of negotiation." Is it so] So be it, then. " Each party shall abstain from jurisdiction,''^ is the language held to Maine. Why not liold the same to Great Britain ? And yet, just before, the same Secretary said to the minister of that Government, that it was *' the principle of continuing to abstain, during tho progress of negotiation, from ani/ extension of the exercise of jurisdiction within the dis- puted territory on either side ; tho propriety of which has been hitherto so sedulously inculcated and so distinctly acquiesced in by both parties." The portions of correspondence I have already given, show very clearly how, as between Great Britain and the United Slates, the matter was under- stood. While Maine is told that both shall abstain from the exercise, Great Britain is told, she is only to abstain from the extension of the oxt'rcisc ; a matter, upon grounds assumed by her, she dues not want at all. Tho prac- ticiil result is, that Maine is entirely dtbcrred, in tho assurance that (ireat Britain sha'i bo debarred also ; and that vireat Britain is \\\ entire possession, in the assurance that Maine shall not encroach upon her. Such a state of things cannot last, and I propose a measiirc which will terntinate it forthwith. It may be said, however, that during tho pendency of u negotiation be- tween the two nations, to scltio tho (]U('stion of boundary, a measure of this description ought not to be resorted to by either party, and that especially the executive control of the subject ought not in any way to ho impeded or directed. A general impression, 1 am aware, prevails, that it is still a matter tinder negotiation; and if there were rnasonabh; groimds of expectation that any advance was about to be made toward its adjustment, iherc! might ho some force in the objection. But we are assured that all the efforts of the Rxecutivo have been abortive ; and 1 now propose to show that, in truth, the mutter is not under negotiation at all ; or if it be so, it is luuler such ne- gotiation as cannot huid !o any satisfactory result. De8[)atcli('s, it is under- stood, have lately been received. Of their contents I have not the slightest means of knowledge ; but I hu/.urd litth^ in the conjecture, that thny will offer no proposition which can be acceded to, nor suggest any njodo of pro- ceeding promising uieful results. They may possiblyi even probably, con- And cert tain suggestions whicli, if acted upon, will consume soniv. years more of fruit- less efforts. Meaii»vliile, Great Britain, strengthening and maintaining her possession, and quieting her colonial dissensions, will, at last, express its deep regret on account of this long-protracled controversy, when amicable adjustment is so indispensable to the interests of both countries ! We shall see, in due time, how far this may prove true. At present, without regard- intr the yet undisclosed information said to have been received, 1 proceed to examine the stale of the negotiation, as it appears from the docunionts in our possession. run The opinion, or decision, if so it may be called, of the Kmg of Holland was communicated by the President of the United States to the Senate, early in the year 1832, for the advice of that body. The proceedings which tooh place in re^'ard to it, were made known by Mr. Livingston to Mr. Bankhead, July 21, 1832, in these words: " The rcault of that apnlication is a determination on the part of the Senate not to con- sider the decision of the King of the Netherlands as obligatory, and a refusal to advise and consent to its execution; but they have passed a resolution advising he President to open a new negotiation with his Britannic Majesty's Government for the ascertainment of the boundary between the possessions of tho United States and those of Great Britain, on the northeastern frontier of the United States, according to the treaty of peace of 1/83. This resolution was adopted on the conviction felt by the Senate, that the sovereign arbiter had not decided ine question submitted to him, or had decided it in a manner unauthorized by tho submission." The negotiation thus authorized, it will be perceived, was one for the as- rtainment of the line, according to the terms of the treaty of 1783, and for no other line whatever. Such a negotiation, I am constrained to say, has never been comminccd, notwithstanding the strenuous exertions of our Gov- ernment to open it, plainly for tho reason that Great Britain declines any farther attempt to trace that liiif, and insists upon the necessity of adopting a new one. This, our Government, having no authority to establish another boundary than that of the treaty, is obliged to decline, and the parties are therefore at a dead pause. A correspondence, more or less tardy, has been carried on between tho two Governments fiom that day almost down to the present, but without approaching an adjustment. A brief notice of its pro- gress, and of some of the principles assumed and conceded in it, is proper, inasmuch as regards thesr, Maine conceives she has just grounds of complaint. The proposition to renew negotiations, as authorized by tho Senate, was made by Mr. Livingston, in July, 1832 ; and on tho 14th of April following Mr. Vaughan replied : " riis Mnipnty's Government regret that they cannot discover in this proposal any prob- able means of arriving at a seKrement of this dinicull Question. It appears to his M»- icstv's Government to lie utterly hoptlesn to attempt to ftnd out, at this lime of day, by moans of a new negotiation, an assumed line of bouidary, which successive negotiatori. and which commisiioneri' employed on the spot, have, during so many years, failed to discover." ...»». * ♦ ♦♦♦♦•♦♦♦** * " It is necessary that iiis Majesty's Government should bo informed i.f the ha$i» upon which it in vropostd to ue(^oliale, brifore they can either entertain the propo»al ot decide upon tho instructions which it may be necessary to give to the minister to whom the nego- tiation, when agreed to, may be intrusted," Agreeably to these suggestions, Mr. Livingston proceeded promptly to dp. velope tho principles he was ready to coinmeiuo fresh negotiations upon. On« mode, which, however, did not meet much favor on eillur side, and wni soon abandoned, was, " apnointing a now commission, coniisting of an equal num- ber of commissiont with an umpire s.^locted by some friendly sovereign from ntnone the most skilful men in Euri>pe, to decide on all pointi in which 30 J n I they disagree; or by a commission entirely composed of sucli men, so select- ed, to be attended in the survey and view of the country, by agents appoint- ed by 'he parties." Maine had formerly expressed dissatisfaction, in the strongest terms, because an umpire had been selected without her knowledge or consent, although absolutely required by treaty ; and it docs n. t appear that any attempt was made to procure her assent to this new umpirage. Another mode suggested was, to attempt to trace the line of the treaty by the adop- tion and application of a new principle in surveying, and that was, to discard from the description, the words "due north," "directly noith;" if highlands could not be found in that direction, and to seek for them in some other course; a principle to obliterate the polar star, not only from the escutcheon of Maine, but to strike it from the great constellation of the heavens. This proposition contained an abandonment of the very starting point of the treaty, the northwest angle of Nova Scotia, and was subsequently used by Great Britain as an acknowledgment, on our part, tiiat highlands, conformably -to the treaty, did not exist in tho due north course from the source of the St. Croix. In reply, the British minister, on the llih of May, said, that he was " con- vinced it is hopeless to expect a favorable result front a renewed negotiation," upon the basis of the treaty ; and, in regard to the mode pointed out, " that he did not sufficiently comprehend it ; that an oblique lino might possibly be drawn to the eastward of a duo north line, to highlands which there exist, and thus trench upon his Majesty's territories of New Brunswick." He re- quested further information as to thn principle proposed. Tho Secretary of State answered accordingly, disclaiming all iniention of diverging eastward, upon what ground of reciprocity it is not easy to perceive, and further ilhis- trating and urging the adoption of the mode suggested, as one likely to lead to a speedy and satisfactory arrangement. Mr. Vaughan,on 3lst of May, 1833, again addressed the Secretary of State upon the subject; staling that he could not . uticipate any favorable result from liie adoption of the proposed mode. " The proposition of Mr. Livinjjutoii cenj iuttUj provides againbt any deviation cait- ward from tho direct north line from the St. Croix; but the operation which it contom- pl.itea is Biill so rrgtrictrd to tho terms of the treaty, that the hasia of it is tho same at that which tho undersigned has been intitructed by iusGovcrumenl to inform tho Government of the Uniiod Stale* that it was hopcii'iss to nogoliale upon." It would be tedious to road from the very long correspondence upon this preliminary matlor, occupying a period of nearly four yeais. Tho views sug- gested by Mr. Livingston were suhsoquontly slrongly'urgcd by Mr. McLane, during the year 1834, and by Mr. Forsyth in 1835, conveying at all times the strongest a.,suriince» of the conviction of the Presidont, that ihe adoption of his plan would lead to a result perfectly satisfactory to l)otli nations. Littlo ngard was had to the interest or the satisfaction of Maine, in this pro- ceeding. It was urged expressly as a modo of obviating tho constitutional ohjeclion, by which iho President could not, without the assent of Maine, agree to any other than the line of the treaty; and Great Britain was assured thai, a lino run in tho mode proposed, though not "due north," would be the line, of the treaty; to which ho could agree, wliether Maine was willing or unwilling. This assurance was more than once given, and an assurance, also, that highlands cmdd be found, conformably to tho treaty, ''freid from the restraintt of a due north /j'/ic." Mr. Mrli^np ssys to the British minister, Mnreb II, 1834 ! Si " Now the proposition of the President is, to find the highlands answering the descrip- tion of those called for by the treaty of 1783, and to them from the nionumenl to run a direct line; and the President does not doubt that, with the aid of more accurate surveys by skilful persons on the ground, and freed from the restraint hitherto imposed by a due north line, Bach highlands may be found; and which either the commissioners or the arbiter vii'ghl have found, had they adopted the rule now proposed." Here seems to be a very distinct admission, nay, almost a promise, that highlands could be or should be found clsetchcre than "directly north." Maine contends that, it is beyond controversy, that they exist in exact con- formity to the treaty in that precise direction, and that the northwest angle of Nova Scotia is and can be nowhere else ; she does not admit any right, an)- • where, to surrender this strong position. It has always been a matter of much surprise to me, that Great Britain did not accede to this proposal ; inasmuch as, in the spirit of conciliation it was conceived, the assurances with which it was pressed, and the manner it would have probably been executed, there can be little doubi of the result to which it would have conducted. The proposition, however, did not seem to meet with much favor, iti the judgment of the British cabinet. They did not think that it avoided the constitutional objection. Mr. Vaughan said, February 10, 1834, that a line thus drawn, would not be the line of the treaty, and therefore would be liable to the same objection. " The State of Maine might object lo any deviation from the line of the treaty in a westerly direction, as justly as it could to any deviation from that line in a southerly direction. Nay, it might object with more appearance qf reason to a westerly departure from a real meridian, which it distinctly specifed in the treaty, than to a departure southward fiom an imaginary line, which is only deacnbed m the treaty, and the finding of which is a thing that has not yet been accomplished." The same sentiment he expressed on other occasions; and, amid all the nutiierous aggressions of Great Britain upon the rights of Maine, it is grati- fying to discover one instance wherein slie conceded and recognised them, notwithstanding our own Government was so ready to abandon them. The final answer of the British Government to the overture for a negoti- ation, was dated December 8, 1834, wherein, after stating that the rule of discarding a meridian line, distinctly named, and of adopting natural bounda- ries, wiien hi th do not coincide, was not so well established as our Govorn- mont supposed it to be, and reminding it that, on a former occasion, in regard to a due ivest line from the Lake of the Woods to the Mississippi, directly the opposite rule was contended for and admitted; it proceeds: "Nevertheless, {/■ the President of the United Slates is persuaded that, notwithstanding any oppnsilion on the p:\rt of Maine, ho can carry tlirough, on this occasion, the praclici 1 applicution of the principle of surveying which hr hiu proposiul, and if, as Mr. McLnno al- legoi no hope remains of overcoming the constitutional difllcully in any other way, at lenkt unlil'this new propniilion shall have been tried and foun