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The narrative of these circumstances is contained in some of the affidavits, and may suffice to convey an impression of the embarassment and distress occasioned among these settlers by the service of this process. The affair which followed soon after respecting the taking and retaking of the cow, which was adjudged by the referees to belong to Arnold, on the warrant of Mr. Morehouse, accompanied vyith a sense of their having exposed themselves to his displeasure, and. perhaps to the whole force of authority from New- Brunswick, operated with the menaces of the consta- ble employed on that occasion, and the conduct of the Irishmen at the lines, and the reports which they received now and then from below, to keep the in- habitants of Aroostook in a continual state of agita- tion and alarm. They were particularly threatened with a visit by a larger party than the former, to punish tho^e who were engaged in that affray, and put an end to any further spirit of opposition by destroying all means of resistance, or removing the inhabitants from the settlement. The reality of the apprehensions entertained by the persons who were concerned m that affair, is attested by the circum- stances of their being afraid to occupy their own -1 . it t it i 1 11 'J i * i I I / 12 habitations, lodging about in difTereut places, in barns, or in the woods, mustering together for the night in larger or smaller parties, or separating for greater security. The statements of several of the settlers on this subject relate to particulars within their experience or knowledge. A circumstance, that may seem not to have dimin- ished the ground of these apprehensions, occurred some time in the month of November last. The dwelling of Ferdinand Armstrong was entered about^ break of day by a small party from below, who seized his brother James Armstrong, soon after he had risen from bed, and conveyed him in a canoe, without loss of time, out of the territory. He was obliged to give up articles of wearing apparel, and part with what means he had, in order to obtain hi» release, the party pretending to have authority to compel payment of a debt and costs. Threats were also uttered that men and horses were coming up the first sledding, to take those who were concerned in the offence about taking the cow away. Richard Inman, who was particu- larly mentioned as of the coming party, appears to be one of the persons previously employed by Mr. Morehouse, and whom the settlers were most afraid of, in consequence of his practice of visiting them with arms. in consequence of these occurrences and impres- sions, the inhabitants of the Aroostook have been afraid to go down to the river St. John, either to mill, or to obtain their necesst^ry supplies, and have undertaken the present winter to effect a communica- tion Nviih Houlton, by cutting out a road altogether within the American territory. They were employed upon it the lust of December, and judged they were about abreast of Mars hill, and hoped to accomplish it in about thirty working days. The pioneers em- ployed to mark out the direction had found their way . out at Fox<:rof't, after enduring intense cold, and suf- fering most severe hardships, \ 19 The condition of the inhabitants of the Aroostook may be shortly summed up. They are of the same general description as those that have made purchases and improvements within the new townships or plan- tations on the American territory, living in the neigh- borhood of each other and of the river St. John. They are upon land, of which grants and surveys were commenced several years ago, sometime before the war with Great Britain, under the authority of Mas- • sachusetts, without remonstrance or objection from New-Brunswick. They have settled upon the terri- tory along thirty miles into the interior, without title, subject to the rights of the proprietor or the proprie- taries, and to the laws of this State, then established. They acknowledge its authority, and, as it would seem to follow, are entitled to its protection. !•>, i^- The authority of JNew Brunswick cannot apply to them on the ground, that any of them had been for- merly inhabitants of that province, any more than that of Maine extends to, its citizens in New Bruns- wick. A government has no power to cause precepts to be executed upon its own subjects in a foreign jurisdiction. The Government of the United States- shields aliens who are residents, and are well affected towards its principles, and wish to become citizens. But several of them are American citizens. The actual survey and occupation of this whole country, under the public authority of Maine and Massachusetts, were entitled to consideration from the province of New-Brunswick. These acts were at least to be respected, as assertions of right, on the part of those two States^ and some regard might have been had to the circumstance, that this right was originally exercised under ignorance of any adverse claim, and long before any was advanced. On the other hand, no act had ever been exercised on this territory by the government of New Bruns- wick, except in permitting its subjects to cut timber the same as on crown lands. So irregular a practice could not be sanctioned .J i\ id 71 I 1*' Iff '■p i" § 1^' , 14 •r sustained; and in compliance wiih the sense of the superior government, it is supposed, that the preten- sion was relinquished as untenable, with a fairness of profession which gave it credit. The power of remo- ving the trees from the territory, brought into dispute, has been abandoned ; and a new practice has taken place, to wit, that of removing the people there plan- ted. If this principle can be supported, it abrogates the whole authority of the State of Maine over this portion of its territory. The next course of inquiry relates to the state of things upon the territory of Maine upon the river 8t. John, within the boundary line, which crosses that rive/, about three miles above the Grand Falls, where the navigation of the river is interrupted, and where it was contemplated on the part of Great Britain, in de- termining the St. Croix, that the meridian would cross. It may be proper, in the first place, to advert to the situatior of a colony of French settlers which planted themse.ves within our territory, principally, if not entirely, since the acknowledgment and establish- ment of the bounds of Massachusetts, by the treaty of 1783. This settlement was composed of ancient French neutrals, who had originally endeavored to escape from the government of Nova Scotia, or of their descendants, who had been expelled from their farms and improvements on the establishment of the province of New Brunswick ; and who have been joined from time to (.ime by their countrymen from Canada, who have not chosen to continue under the government established on its conquest. It is not known whether any individual of Europe- an origin existed on this territory at the peace of 1782; nor that excepting aboriginals, any other than descen- dants of French ancestors had made any occupation, prior to the peace of 1815. The Acadians had retir- ed with the Indians from the presence of the popula- tion, which took possession of that ancient part of Nova Scotia, afler it was yielded to Great Britain and settled by emigrants from the United States, who ad- S-99 !l 15 hered to the British government; and have always liv- ed in great harmony among themselves, as a distinct race, preserving their own language, habits, and man- ners. Situated near the borders of the American ter- ritory, at a distance from any officers of government, they appeac to have also preserved their neutral char- acter, and to have remained as a people by themselves, so far as they might be permitted by their position to- ward the province of New-Brunswick. Without hav- ing any sympathy with the system established in that government,they have not been in a condition to oppose the exercise of any power that might be exerted over them. Little occasion could be presented for the em- ployment of criminal process, among the relics of a primitive population, represented as of a '^ mild, fru- gal, industrious, and pious character," desirous of finding a refuge under the patriarchal and spiritual power of their religion. It has been customary for them to settle their civil affairs of every description, including their accidental disputes and differences among themselves, by the aid of one or two arbiters or umpires, associated with the Catholic Priest, who is commonly a missionary from Canada. Without any predilection toward & foreign faith or power, they have had a natural desire to be quieted in their posses-^ sions ; and it is stated that one or two of them, under circumstances not exactly known, either obtained or accepted grants of certain parcels of their property at an early period from the province. The propriety of relinquishing any practice of that kind, afler the de- termination of the St. Croix, was obvious; and the benefit oi a sanction might have been allowed to the previous facts of this description, without attaching to them any injurious motive or effect. The whole coun- try, however, not in actual possession of any cultiva- tor, was considered by the French settlers as open to occupation at the period of the last peace with Eng- land. r]^^:'-':^4i :lf ?, .'-^- 'j.^^^: In 1817 an American was invited to seat himself .n«ar ths mouth of the Madawaska river, wherf^ he I '. ^ 'Mi rr ,Ai' hM U was assured that no one had any rij^ht of property, and when it was afterwards claimed by virtue of a ti- tle, the fact was denied by the Indians on the ground that the right belonged to them. This American, one wlio went from Kennebec, accordingly moved away from the place which he first took, to a situation near the St. Francis, where he still lives, unless recently removed. It appears that a military post formerly existed at the Grand Falls, immediately below the boundary;'' and it is said that a militia authority was exercised among the inhabitants of Madawaska. Some power of this kind might perhaps have been used at an early period, before the territory was explored and the boundary of New-Brunswick determined under the convention of 1794; and it is not probable, that the French would have resisted any measure taken to compel them to train as militia. The works at the Grand Falls have been suffered to go to decay ; and there is no reason to presume that a superfluous mili- tary organization was maintained among the remote inhabitants of Madawaska. It is not presumable that any usurpation of that nature existed for a long period ; especially af).er the settlement was known to fall within the American territory. If such an use of form or force whs con- tinued however, it is to be inquired whether it can be viewed in any other light than that of aggres- sion upon the rights^ of the State, and those under its jurisdiction, and entitled to its protection. The re- cent formation of militia companies in that district presents itself as an act of the same character; and it is reported that a foreigner, by the name of Francis Rice, has stationed himself in this settlement, and undertakes to act as an adjutant of the militia of New-Brunswick. Difference ot religious faith and diversity of habits have naturally tended to prevent an intermixture be- tween the American and French population. The country in general above as well as below the river Madawaska, has taken the popular description of that ./.) f property, •tueofa ti- the ground erican, one aved away nation near !s recently existed at boundary;* exercised ^me power Eit an early d and the under the e, that the » taken to rks at the jcay; and uous mili- le remote m of that after the American WHS con- er it can aggres- under its The re- i district cter; and f Francis ent, and nilitia of of habits rture he- n. The he river n of that •i 17 river, and the name is generally made use of by the Americans residing upon the higher and more rernote branches of the St. John. The Madawaska settle- ment extends several miles aown the branch of the St. John, below the mouth of the Madawaska river. Several settlers were also scattered above, and a space existed of several miles above the mouth of that river, which has recently been occupied by French settlers, some from Canada, and others from the settlement be- low, and formed into a new settlement by the name of Chateauqua. They have undertaken to erect a church, and it is stated that a militia company has been form- ed among them, by authority out of this State. This new settlement extends from the mouth of the Mada- waska river to the vicinity of the mouth of the Mari- umticook stream, where the American settlement, properly so called, commences. Whether any foreign measures have been taken m forwarding the progress of the new French settlement, is not known. They are without titles to their lands except by occupation, and they have not been disturbed in their possession. Fines, ho vever, have been imposed upon some of them for refusing to perform militia duty, from abroad, du- ring the past year, without regarding the objection that has been made among them to train, on the ground of their being within the American government. The situation of the recent settlement seems to mer- it some attention, from the circumstance of its now forming the connecting link between the former French settlement below, and the American settlement im- mediately above. It is also brought into notice by the attention apparently bestowed upon it by the pro- vince of New-Brunsvvick,which extends the demand of militia duty as high as this settlement, and considers all the Americans who are settled above it as aliens. It may be proper to remark in this place, that any oc- cupation, which the government of New-Brunswick may have held within the American territory, being witl\out right, and against ri^ht, its operation is not to be enlarged by any favorable constructici. 3 I I 18 '4 • .' 4 y ■^ ' Before passing from the consideration of the French settlement in this State, it may be proper to remark, that the population of the whole community, accord- ing to the census taken by the authority of the United States in 1820, amounted to over eleven hundred. The computation probably included a number of American settlers, who had come into the country not long before, and were enrolled in the same manner with them in the body of American citizens. If since that period any of these persons have been induced to go into the province, in order to give their votes ; if provincial magistrates have been allow ed to send civil process into this settlement ; if individuals have been employed to officiate in executing the provincial po- lice; these can only be viewed as acts, which it is ex- tremely difficult to reconcile wiih sentiments of re- spect for the opinion signified by the government of the United States. After this French settlement was found to fall within ihe survey of the American boun- dary, these settle s, being in no other senrso to be re- garded as British subjects than as they might happen to reside in British territory, it would have manifested a decent respect to the authority of the United States, beyond the most repeated exterior demonstration, to have abstained from direct exercises of supreme juris- diction. The first American settlement was made above the French, and commenced from the clearest informa- tion, in the year 1817. It consisted of several per- sons then citizens of Massachusetts, who moved from the Kennebec, and established themselves with their families on different spots, the lowest at the mouth of the M ariumticook, and the highest not far from the mouth of the St. Francis. It was well known in the province of New-Brunswick, that these emigrants considered they were on American territory, anil that their object was to obtain a title under the American government. It was also understood that they carri- ed with them a magistrate, and that they intended to procure an incorporation. Whether any, or what jr 19 measures may have been taken by persons within the province, acting upon this information, it is not with- in my power to detail. It may be remarked, howev- er, that according to the best account, the whole ter- ritory of which they entered into occupation, was pre- viously uninhabited, and unimproved. The provincial government had never made any grant above the river Madawaska. The American settlers on the St. John were above any French settler. They and their as- signs have since continued in the occupation of their lands, and a portion of the original settlers still remain. In 1825, grants were made by George W. Coffin and James Irish, Esquires, acting as joint Agents for the Commonwealth of Massachusetts and State of Maine, by virtue of resolves of the respective Legis- latures, bearing date February 26, and June 11, 1B25, to John Baker and James Bacon, severally, descri- bing them as inhabitants of a plantation called and known by the name of the Madawaska settlement, in the county of Penobscot, situate upon the river St. John. The land granted to Baker was described as beginning at Mariumticook stream or point on the St. John river, and bounded to contain an hundred acres. Thi6 was the same point of land which was original- ly taken up by his brother, Nathan Baker, one of the original emigrants from Kennebec, then deceased. It was a mill seat, where there have been erected a saw- mill and a grist mill. John Baker married his broth- er's widow, and has brought up his family. He has been building a new house, which would have been finished last fall. The land granted to Bacon was be- low the grant to Baker, between the point and the new French settlement. Since the foundation of the A- merican settlement before mentioned, a number of other American settlers had taken possession, and made improvements, without interfering,except by purchase, with any previous occupation. The Land Agents of Massachusetts and Maine ap- pointed provisionary Agents, with authority to grant permits to cut pine timber on the territory oif the ': i. •I ^ II It; f 1 i 10 United States. Without a permission of this kind, it may be noticed, the mill at the mouth of the Mari- umticook would have been useless. The £;overnment of New-Brunswick became informed of this fact. A considerable quantity of lumber, partly purchased by John Baker before mentioned, and partly made at his mill, was afterwards seized in passing down the river St. John. Timber cut on crown lands within the province, by British subjects, was allowed to be re- deemed by paying a certain duty. This composition was a privilege denied to Baker, whose property on that occasion appears to have been confiscated on the ground that he was not a British subject. All the Americans settled above the river Madawaska, are re- garded as aliens by the provincial government of New - Brunswick ; and a certain fine or tax has been de- manded of them, called the alien tax. This is a spe- cies of joint military and civil action, exercised in the first place by provincial otficcrs of militia, and en- forced by Justices of the Peace. One or two cases have occurrcd,in which precepts have been sent among the American settlers on civil suits^by Mr. Morehouse, who resides upwards of fifty miles below, on the river St. John. On one occasion, an American above Cha- teauqua was arrested on a warrant from Mr. More- house, on a charge of larceny by one of the settlers; but the evidence against him being insufficient, no final proceedings took place, and he was discharged. The real culprit was afterwards discovered, and on his con- fession the Americans were proceeding to conduct him to Houlton, nearly an hundred and forty miles distant; but on their way he made his escape in the woods. — The American settlers have been subject to these and similar inconveniences, no doubt, in consequence of the absence of any civil officers, such as were recom- mended to be appointed by the Land Agents; and oc- casions have thus been afforded for admitting the agen- cy of Mr. Morehouse, as a civil magistrate, which would not otherwise have existed ; and for which some possible apology might be found in the circumstances of the country. An exercise of this intrusive authori- . I "Tl ty, however, ih the course of the past year, appears to have given rise to a species of opposition among the Americans, which was construed by Mr. Morehouse as resistance to his authority. It appears that some difficulty took place in pro- curing the service of a writ which was sent by Mr. Morehouse against James Bacon ; and it may be suitable to state the circumstances accompany- ing that transaction. It seems, that reflection on their situation, combined with a sense of the incon- venience to which they were exposed, from the acts of Mr. Morehouse, led to an understanding among them to avoid any employment of his authority ; and, having no regular magistrate, to endeavor to settle their affairs, as well as they could, among themselves. The unfavorable opinion cherished by Mr. More* house, in respect to the Americans at that settlement, may have contributed to increase their aversion ; and his occasional visits to view their proceedings may have tended to strengthen a mutual dislike. Mr. Morehouse had formerly demanded Bacon's deed from the Agents, and knew the title under which he held. He had also made ipquiry into the authority given to Bacon by the Land Agents, respecting the cutting of timber, and satisfied himself on that subject. Recently he sent a person with a writ, to arrest Ba- con, on a small demand in favor of one of the inhabi- tants ; and the deputy sent by him returned without effecting service. Another person was then sent, accompanied by a considerable party, with a view, probably, to make effectual service. Bacon collected a number of his friends about him at his house, which is on the land granted to him, below Baker's, and, supported by their presence, signified his refusal to submit to the mandate of Mr. Morehouse. The principle on which they placed their determi- nation was, that they were Americans, on American ground, and that Mr. Morehouse had no right to extend his authority over them. Some resentment was manifested by them towards the individual who F * ■ I > . ) -: 22 I Ihid the incliscrelioii to apply to Mr. Morehouse ; but no violence used towards any of the party who came to arrest Bacon. The leader of the parly, who ofR- ciated on that occasion as a constable of the parish of Kent, became convinced of the inexpediency of proceeding to execute his precept, and professed to respect the ground of their determination. It was agreed to settle the demand by amicable reference, which was accordingly done, and the affair termina- ted ; except that the constable afterwards pretended to have an execution from Mr. Morehouse, for the costs. The spirit of opposition to the power of Mr. Morehouse, discovered on this occasion, assumed the form of a general agreement among the American inhabitants, to avoid all applications of foreign autho- rity, and extended to an outright denial of the British provincial jurisdiction. For the legality of this posi- tion, they reasoned and relied upon their original character as American citizens ; the circumstances of their settlement, in that capacity, upon vacant American territory ; and the assurances of the Land Agents, which they understood decidedly to that effect. Whether they were deceived in the ground they took, by officious and unwarrantable acts, or whether any errors they may have committe. t ■ I ill ' f, 24 the better right may admit of a distinct question. But the object was to apprize Mr. Morehouse of their opinion. Neither Baker nor Bacon pretended to ex- ercise any authority among their fellow citizens, on this occasion, although they probably rendered them- selves conspicuous to Mr. Morehouse. The epithet of General was one that was not bestowed on Baker until after this affair. Mr. Morehouse also demanded the paper of agreement that had been entered into by the Americans; which they declined to deliver. Mr. Morehouse was informed that the paper had been offers ed to one Peter Markee, a French lad who wai? at the American settlement. If this was done with any in- tention, it was a circumstance which took place in the absence of Mr. Baker, and was contrary to the origi- nal purpose, which was to confine the step to Americans exclusively. Mr. Baker, hearing a report that the route of the mail was altered, (a change which the Americans had no wish to take place, as it Was a matter of con- venience to them,) and meeting the carrier in his canoe inquired whether such was the fact. This inquiry was undoubtedly misconstrued by the Frenchman who carried the maiU and the circumstance might have been exaggerated to Mr. Morehouse. Upon information of this kind, however, together with his own knowledge, Mr. Morehouse subsequently pro- ceeded to issue a warrant for the arrest of Baker, and, it is also understood, of James Bacon and Charles Stutson. In the mean tiaie the inhabitants agreed upon referees, and appointed Baker and Bacon a depu- tation to proceed to the seat of government w*th a request to have their case laid before the Legislature at its next session ; and to inquire of the executive authority whether they were recognized as citizens of the State and entitled to the protection of its govern- ment. Having received an answer in the affirmative, to be communicated to their constituents, with injunc- tions to observe the utmost caution in their conduct, and having leflt their application to be laid before the Legislature, they returned through the wilderness by ■■ii wmm 25 the way'they came, and arrived at home a short time before the execution of Mr. Morehouse's precept. Early in the morning of the 25th of September last, soon after their return, while Baker and his family were asleep, his house was surrounded by an armed force, and entered by persons of a civil character and others armed with fusees, &c. who seized Baker in his bed, and conveyed him without loss of time out of the State. The particulars relating to this circum- stance are detailed in the statement of Asahel Baker, a nephew of John Baker, who was first awakt^i^ed by the entry, and which, although not exhibiting any solemn attestation, may, nevertheless, be relied upon as substantially correct. It is proper to add, that the person, conducting the execution of the warrant, pro- vrd to be of high oihcial character and personal respectability in the Province of New-Brunswick. He was informed that papers were in possession of Baker under the authority of the States, but he replied that it was not in his power to attend to any remonstrance. No resistance was made by Mr.Baker,and no opportu- nity was afforded him to have intercourse with any of his friends and neighbors, from whom it is reasonable to suppose opposition might have been apprehended. Mr. Baker wa^ carried before Mr. Morehouse, in obedience to the warrant ; it does not appear that any examination took place however ; but that he was conveyed to Fredericton and there committed to gaol. The letter from your excellency to the Ameri- can inhabitants at the i/pper settlement, was de- livered by him to the authority under which he was imprisoned, and^ after some detention, restored to him. The immediate impression produced among the in- habitants oi the settlement by this circumstance, may appear from the further statement of Asahel Baker. He was the person employed to bring a representa- tion from them of the arrest of Baker, which was de- posited by him in the first post-office ho reached in Kennebec. He was absent a number of days, and on his return, found that several of the inhabitants had de- 4 :. 26 ( 1 )' parted. It appears that in the interim the alien tax had been again demanded, and process had been serv- ed upon the American settlers generally, similar to that which had been previously served on the Aroostook indiscriminately, to appear at Fredericton in October, to answer to suits for trespass and intrusion on crown lands, under the penalty of an hundred pounds. It is understood, that the service of this process was ex- tended to the American settlers toward the St. Francis and upon the Fish river, where the road laid out by the Legislatures of the two States terminates. In consequence of these circumstances it appears, that three of the American settlers, viz. Charles Stutson, Jacob Goldthwraite, and Charles Smart, have parted with their possessions, and removed from the settle- ment into the plantation of Houlton, where they are at present seeking subsistence. Stutson was a black- smith, in good busine.ss,and was concerned in the meas- ures relating to Mr. Morehouse. The motives and particulars of their departure are stated by them in their respective affidavits. In the precarious state of their affairs, it is probable that no certain estimate can be formed of their sacrifices ; b Jt it is evident that the measures made use of toward the inhabitants in gen- eral, for whatever purpose, have had the effect to expel a portion of them, and to intimidate the remainder. It is not understood that these measures have been extended to the French settlers on the Madawaska, who are without title to their lands, and it is probably not the case; but it is evident that a corresponding application of judicial proceedings has been made,from the province of New-Brunswick, upon all the settle- ments above and below the French occupation of Mad- awaska, tending to their extermination ; and that the inhabitants are awaiting, in a state of fearful anxiety, the final measures of execution, from which they see no prospect of relie The plantation of Houlton is tlie common place of refuge to which they direct their feet, as it was the custom in the earlier annals of New-England for the frontier settlers, in case of ap- prehension, to gather toward a garrison. 27 ap- In pursuing the inquiry concerning the nature of ag- gressions complained of as committed by inhabitants, it may not come within the terms of my appoint- ment to ascertain how far any proceedings that have been adopted, may be traced to the authority of the government of, New-Brunswick. Jhe general appli- cation of judicial process, however, from the province of New-Brunswick to all parts of the settled territo- ry, comprehended in the claim of Great Britain, seems to give rise to such an inquiry. The summonses ser- ved on the settlers on the Aroostook and upon the St. John, from the Mariumticook to the Fish river and St. Francis, appear by comparison of numerous copies to be all in the same form, for trespass and intrusion on crown lands. A copy of an information served on John Baker, since his imprisonment, describes the land of which he is in occupation, as lying within the par- ish of Kem^ in the county of York. It may be there- fore pertinent to inquire into the history of the parish of Kent, and refer to other measures of the provincial government, preliminary to the abovementioned pro- cess. The act of incorporation of the parish of Kent, is dated 1821. It is entitled " An Act to erect the upper part of the County of York into a town or Parish," and provides, that " all that part of th" county of York, lying above the parish of Wakefield, on both sides of the river St. John, be erected into a town or parish, by the name of Kent." The parish of Wakefield was incorporated in 1803, by an act also entitled " An Act for erecting the upper part of the county of York into a distinct town or parish." A statistical account of New-Brunswick, published in Fredericton, in 1825, describes the parish of Kent as extending on both sides of the river, from the Grand Falls to Wakefield. The parish of Wakefield, it is understood, extended above the military post at Presque Isle, a station which was abandoned the year ibilowing the creacion of the parish of Kent. A succinct statement may be made of the measures adopted by the government of New Brunswick the i*i. i ;'• '2S n I ftresent season. By an official act of the 9th of March ust, reciting that satisfactory assurances had been conveyed lo his Majesty's government of the earnest wish of the government of the United States to recip- rocate the conciliatory disposition shewn in regard to the disputed territory at the upper part of the river St. John, it was declared to be most desirable, until the present question thereto should be finally set- tled, that no new settlement should be made, or any timber or other trees felled in the wilderness parts of that territory, nor any act done which might change the state of the question as it existed, when the treaty of Ghent was executed. Instructions were accordingly issued, addressed, in general terms, to all magistrates residing in the vicinity of what was termed disputed territory, direct- ing them how to proceed, in the event of " any depre- dations being attempted, by either party, ontlie lands in question." They were required to be vigilant, and use their utmost diligence to discover any attempts which might be made by any of his Majesty's subjects to intrude upon the territory, with a view to make settlements, or to cut timber, and to make immediate representation thereof to his Majesty's Attorney General, that legal steps might be taken to punish such intruders and trespassers. And should they discover " similar attempts to be made by any other perbon, whether unauthorized, or acting under color of authority," to use their best endeavors to ascertain the names of such persons, and report them to the Secretary of the Province, with affidavits to establish the facts, for the Lieutenant Governor's considera- tion. Information of these proceedings was communicp- ted to the govtrnmont of the United States by the British Minister, in September last, as furnishing proof of the friendly disposition which animated the Lieutenant Governor pt New-Brunswick. Mr. Clay was at the same time intbrmed by Mr. Vaughan, that no attempt had ever been made to form new settle- Qaenti;, and that the Lieutenant Governor had abstain* 29 March d been earnest recip- (gard to he river le, until lly set- lade, or Iderness :h might id, when [dressed, g in the r, direct- 13' depre- he lands lant, and attempts subjects to make nmediate Attorney o punish uld they my other ider color ascertain em to the establish onsidera- mmunicp- es by the lurnishing nated the Mr. Clay ^han, that ew settle- d abs^ain^ ed from exercising any authority over the unoccupied parts of the disputed territory, except for the purpose of preserving it in its present state ; and assured Mr. Clay that it was the wish and the duty of the Lieuten- ant Governor to avoid giving the slightest uneasiness to the government of the United States, on the terri- tory which had unfortunately remained so long in dis- pute between the two governments. The letter of the British Minister to Mr. Clay, of September 17th, is in answer to a communication from the Secretary of State, conveying a representa- tion from your Excellency to the government of the United States, respecting certain acts of the govern- ment of New-Brunswick, which were considered an undue exercise of jurisdiction in the settlement on the river St. John, composed of the grantees under Mas- sachusetts and Maine, and other American settlers. Jn his answer to this communication, the British Minister observes, that " it appears from Governor Lincoln's statement^ that the settlement in question is a British settlement upon the river St. John, west- ward of the Madawaska ; and that it is composed of the original settlers, and of emigrants from the United States." In what manner the settlement west of the Mada- waska can be considered a British settlement, can only be explained by a subsequent passage in the same let- ter, in which the British Mini ter says, that '* ever since the province of New- Brunswick was established^ in the year 1784,the territory in dispute (between Great Britain and the United States,) has always been con- sidered as forming part of it ; and the rights of sove- reignty have in consequence been exercised by the British government." He therefore protests against the validity of any title to lands in the ancient British settlements, granted by the States of Maine or Mas- sachusetts, " until a change in the right of possession shall have been effected, in consequence of the fifth article of the treaty of Ghent." To support this position, the British Minister refers to a map of Nova Scotia, published by the Board of 1 1 ^ 'li 1 f ■•■ ■I ..' '1 ^■. ao Trade in 1755, including the territory in dispute in the province of Nova Scotia; by a map of this terri- tory, published by order of the British House of Com- mons, 29th June, 1827, the territory in question is not included in the province of New-Brunswick. In a subsequent letter from the British minister to Mr Clay, dated Nov. 21, he speaks of the proceed- ings of the magistrates acting under the authority of his Britannic Majesty in the province : It is to be doubted, however, whether your Excel-, lency will be able to discover evidence of the existence of any British settlement whatever within the Bound- ary of Maine. The act of undertaking to remove all the settlers upon the territory to which the British Government lays claim, except the French, as tres- passers and intruders, certainly does not tend to give any portion of the territory the character of a British settlement by reason of their residence. Whether the act establishing the. Parish of Kent was intended to form a British settlement beyond the boundary, may