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Les diagrammes suivants iilustrent la mithode. 1 2 3 1 2 3 4 5 6 .'2d Congress^ 1*^ Session. ^1 [3] \ HESSAGE V THE PRESIDENT OP THE UNITED STATES, /f A^ F/E " rnoM ' •■• "'••' ."■«■•■ i ' ■ I ,■ > ( M Tiit 1 V W^i/A documents relating to thecapiuret abduction^ and imprisonment of American citizenSf by the provinnai authorities of New Brunswick^ and the measures adopted in consequence thereof by the Government. ' . ; ' i (Mi.! ■••i.ii ,.,,, . ' . ■ ' ',■!!< U. .r;i: i'KJI VvlO '•. , 1831, December 14 — Read. '. i.f i .'.j,-;,';.-,' i< r' ' '•■*}> 1831, Decembeb 19— 'Ordered to be printed. '" "• • '*> •-'■*'■»• ;••;;. ,.■ ■ -I:. ;= . ■ ■. .'» ' ;i , ;. - .; i.taf 'fill ^i. /',•.- . i>>,i'. .:.; : ^ ' ' '' • ' Washington, December 13, 1831. *• To the Senate of the United States: j . . . r'.» y ' .^ 7. The same to the same, 28th November, 1831. ' S. Mr. Bankhead to Mr. Livingston, 1st October, 1831. ,j 9. The same to the same^ 20lh October, 1831. 10. The same to the same, 25th November, 1831. 11. Gov. Smith to Mr. Livingston, with documents, 13th October, 1831. 12. Gov. Smith to Mr. Livingston, with documents, 10th Nov. 1831. 13. The same to the same, with documents, 12th October, 1831. t'lSit fj'. ■ 'lJ:^f^^ [3] a , ,/"'■/,,■ Mr. Van Buren to Mr. Smith. ' Departwent OP State, Washington, 9//i iJ/izrci^, 1831. Sir: I liad the honor yesterday to receive the letter which your Excel- lency wrote to me on the 2d of this month, enclosing one addressed to the President of the United States, communicating resolves of the Legislature of Maine in relation to the boundary between that State and the British Srovince of New Brunswick, and its reference to the arbitrament of the [ing of the Netherlands; and to state to your Excellency that I forthwith laid the letter for him, with its enclosures, before the President, agreeably to your request. I am now directed by the President to inform your Excellency, as I have the honor of doing, that an official account has not yet been received by this Government, of the award of the King of the Netherlands upon the questions submitted to his arbitrament, in relation to the boundary re- ferred to; but that, as soon as it is received, he will cause a copy to be pre- pared, and communicated to your Excellency. In the mean time, I am authorized and directed by him to add, for the information of your Excellency, and of the Legislature of Maine, that its resolves shall receive all the attention of the Executive of the United States, to which the im- portance and delicacy of the points embraced in those resolves, and the deep interests which they involve, as well as the high respectability of the source from which they emanate, so eminently entitle them. I have the honor to be, &c., M. VAN BUREN. His Excellency Samuel E. Smith, Governor of the State qf Maine y Portland, Same to same. Department of State, Washington, ISth Marchf 1831. Sir: By the President's direction, I have the honor to transmit, here- with, to your Excellency, a copy and translation of the award given in re- lation to the northeastern boundary of the United States, upon the question which was submitted to the King of the Netherlands by this Government and that of Great Britain, concerning that boundary; which award was of- ficially delivered to the Minister of the United States at the Hague, on the 10th day of January last, and by him forwarded to the department, where it was received on the 16th instant. With a view of making your Excellency acquainted with the state of this transaction, as received here, I also transmit, herewith, a copy of the protest which the Minister of the United Stales at the Hague thought it his duty, without instructions to that effect from the President, to address to the Mi- nister of Foreign Affairs of the Government to which he is accredited, against the award referred to, together with extracts from his despatch to this de- i S thii tht I the ith bly :eive im- the the 9 [ 3 ] l)artnient, shewing the cljarneter of his pretest, and the grounds upon which it was made, and a copy of the correspondence between himself and Sir Charles Bagot, the ambassador of Great Britain at the same court, upon the subject. Mr. Preble has asked leave of absence, for the purpose of visiting the United States, which will, forthwith, be granted, and expressed an earnest wish that he may be further heard upon the subject before any measures in regard to it are adopted by the President. 7. \ I have the honor likewise, by the direction of the President, to repeat the assurance which I made to your Excellency in his behalf, in my letter of the Otk instant, that the subject of this award will receive all the atten- tion and consideration to which its great importance and the interests of the State of Maine, so materially involved therein, especially entitle it, in the councils of the Executive of the United States; and to add that no time will be lost in communicating to your Excellency the result of his deliberations upon it as soon as he shall have determined upon ths course which a sense of his high and responsible duties may suggest as proper on the occasion. Under these circumstances, the President will rely with confidence upon the candor and liberality of your Excellency and the other constituted au- thorities of Maine, in appreciating the motives which may influence that course on his part, and in a correspondent interpretation of them to your constituents, in whose patriotism and discretion he has equal confidence. In making this communication to your Excellency, I am instructed by the President to express his desire that, while the matter is under delibera- tion, no steps may be taken by the State of Maine, with regard to the dis- puted territory, which might be calculated to interrupt or embarrass the ac- tion of the Executive branch of this Government upon the subject. I have the honor to be, &c. &c. ;-i^.«'^»*.a> M. VAN BUREN,. His Excellency Samuel E. Smith, ^5^1 ^^ .«::»• > :;■ r./ W Governor of Maine. ' >1S^*^' -vii- ',fl <■- . ■•• N>ii ii:':;' '::■:;.. 'Uv:-- •> ■if'i gn^ ;,!7j«: f!- •■ »)A^ '.^i.'itayffi auM:.v"ouj>53oai,'j um Your Excellency, and the people of your State, must be fully aware of the embarrassment which will be created by any act tending to produce irri- tation between the two countries, and, at the same time, the inutility of ex>' tending jurisdiction where it was not exercised beforej and when it may beJ contested, or provoke a like extension on the other side, and that too at s6 short a period before the meeting of Congress, when it cannot be doobted that such measures will be taken as may comport with justice, the peace of the nation, and the right of the State. ?.j jv«ui>« >.■•- .»i>, ..-s^^r k.u^ ^slu vjc tS] 4 The President directs iiui to say that he relies on your Exoellency's pru- dence to avoid any unnecessary exertion of authority over the contested j^round, and to repress, as far as lies in your power, all such acts as may en- danger the quiet of the bordering territory. Congress will meet in the course of a few weeks, and it will be a source of deep regret if the moderation and forbearance which have hitherto cha- racterized the Government and people of Maine, should cease to guide them, when their further continuance, for so short a period, is of such consequence to the nation, The President has instructed me to make these reflections, more from a feeling that it was his duty to communicate them, than from any fear that they would not suggest themselves to your Excellency, and have their proper influence. I have the honor to be, &c. &c. EDW. LIVINGSTON. His Exc'y Samuel E. Smith, , Gouernor of the State of Maine. /.r - •< ', ,; .x<^-a>', l» » f(.>j« ■ {•ft • ifi'' >•■''■, ii»*f Same to same. ■ '.i. V t'' "iM ;. I Department of State, Washington, October 21, 1S31. Siju As soon as I had received your Excellency's letter of the 18th in- stant, 1, by direction of the President, wrote to the Charg6 d'Aflaires of his Britannic Majesty a note, of which the enclosed is a copy, by which you^ will observe the extreme desire of the Executive of the United States to conform, with scrupulous good faith, to the arrangement made with the Minister of Great Britain, for preserving the state of things, as it then ex- isted on both sides, until a final disposition could be made of the question. This arrangement between the two nations was communicated to your Ex- cellency, and 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. The first extract from your letter which I communicated in mine to Mr. Bankhead, gave the Pre- sident reason to believe, as I expressed myself, that the election meetings at Madawasca were unauthorized, as they were clearly a breach of the ar- rangement with the British Minister. Your Excellency's letter, however, of the 1 3th instant, has given to the President much concern. The call for his protection to the citizens of your State who have been arrested, in con- sequence of those proceedings, and for repelling what you consider as an. invasion of the State, would have called for very dificrent 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 authori- ty exercised recently by the Government of New Brunswick had been a settlement, which, at the time of the arrangement, was not de facto in the occupation of the British. As the case is, however, the President cannot consider the continuance of the occupation by the officers, civil or military, of the British Province, as an invasion, but will take all proper measures to procure the release of the ill advised persons who have been the cause of the disturbance. The President desires me to reiterate to you his anxious de- sire that you would use your authority and influence to prevent any further ru- led « [3] collision with the British authorities, in tho firm persuasion that the wisdom of Congress will direct such ultimate measures as will bring the controver- sy to a close, consistent with the interest and dignity of the United States, and particularly with the State interested in the question. He receives the strongest assurances from the Representative of the British Government, that no innovation will be countenanced on the part of its provincial func- tionaries, and, on our part, good faith, as well as the protection of the fron- tier from unauthorized mutual inroads, require the same course of conduct. 1 have the honor to be, &c. &c. EDVV. LIVINGSTON, His Excellency Samuel E. Smith» Governor of Mainej Portland. 1.1 • •''■k 1 J , Mr. Livingston to Mr. Smilli. * > .i ( ;* . ,„ Department OP State, fVashing/on, November 16, 1831 Sin: 1 had the honor this morning to receive your Excellency's letter of the 10th instant, with its enclosures, all of which were immediately sub^ f mitted to the President, who directs me to say that he learns with great satisfaction that "a meeting of the executive council has been held, and measures adopted to prevent, if possible, any further collision between our citizens and the authorities of New Brunswick, until the meeting of Con- gress." This disposition justifies the confidence he felt in the moderation and wisdom of tho Government and peop' ' of Maine; and he instructs, me to add the expression of his belief that, by a prrsoverance in the same course, the end lo desirable to all may, by the intervention of Congress, be attained, that of bringing the controversy with respect to the northeastern boundary to such a close, as may consist with the interest of the United States and the rights of the State of Maine. In the meantime, measures have been taken which, it is expected, will procure the release of the persons confined at Fredericton. .., . . „,, ,, , , I have the honor to be, &c. &c. EDWARD LIVINGSTON. ' His Exc'y Samuel E. Smith, >,j,ii ,j Governor of Maine, Portland. . <■ . , .| ; >i rl; «:i' >3V Letter from Mr, Livingston to Mr. Bankheadj Charge d* Affaires of his Britannic Majesty, ' Department or State, Washington, October 17, 1831. , Sir: Immediately after receiving your note of the 1st instant, I wrote to the Governor of the State of Maine for information on the subject of it I have just received his answer, of which I have the honor to enclose two ex- tracts. By the first, you will perceive that the elections of town-officers in the settlement of Madawaska, of which complaint was made in the papers [3] « "i I enclosed in your letter, were made under color of a general law which was not intended by cither the Executive or Legislative authority of that State to be executed in that settlement, and that the whole was the work of in^ considerate individuals. By the second extract, it will appear that the individuals said to have been most prominent in setting up the authority of the State, have been ar- rested by order of the Lieutenant Governor of the province of New Bruns- wick, and were on their way to bo imprisoned at Fredericton. The innovation on the existing state of things, in the disputed territory, being distinctly disavowed by tlic Executive authority of the State, no act of authority or exercise of jurisdiction having followed the elections, 1 would respectfully suggest the propriety of your recommending to the Lieutenant Governor of New Brunswick the release of the prisoners who were arrested for exercising this act of authority in the territory mutually claimed by the two nations, contrary to the understanding between their Governments. It is their avowed object to avoid any collision until the intention of botii parties in relation to the award shall be fully known; all subjects calculated tt) produce irritation, therefore, ought evidently to be avoided. The arrest of the persons concerned in the election must produce that feeling in a high degree. A conviction cannot take place without eliciting a decision from the bench declaratory of, and enforcing the jurisdiction over the territory in dispute, which it is the present policy of both powers to avoid, at least for the short time that must elapse before the question can be finally settled. If punishment should follow conviction, the passions that would be excited must inevitably be hostile to that spirit of conciliation so necessary where sacrifices of national feeliag and individual interest are required for the common good. It would be absurd here to enter into the question of title. Both parties claim it; no act that either can do is necessary to assist its right, while there is hope of an amicable arrangement; and it was with this view of the subject that a mutual understanding has been had, to leave things in the st9te in which they are, until the question of the award is settled. On the part of the Americans, some individuals, in contravention of this understanding, have proceeded to do acts, which, if followed out, would change the political State of part of the disputed land; but it has not been so followed out: it is disavowed by the power whose assent is necessary to carry it into execution. It is, therefore, of no avail, and can have no more effect than if the same number of men had met at Madawaska, and declared themselves duly elected members of the British Parliament. The act in- terferes with no right; it comes into actual collision with no established power. Not so the punishment of the individuals concerned. This is at once a practical decision of the question, and may lead to retaliating legal measures; for if the Lieutenant Governor of New Brunswick feels himself obliged, as he says he does, to impose the authority of the law within which he thinks the boundaries of his province; will not the same feeling excite the Governor of Maine, under the same sense of duty, to pursue the like measures; and thus the fruits of moderation and mutual forbearance, during so long a period, will be lost for the want of perseverance in them for the short time that is now wanting to bring the controversy to an amicable close. It is, therefore, sir, that I invite your interposition with his Excel* lency, the Lieutenant Governor of New Brunswick, to induce him to set at liberty the persons arrested, on their engagement to make no change in the tic was tatc in- , 7 [3] state of things until the butiinGss shall be finally decided between the two Governments. On our part, the desire of the General Government to avoid any measures tending to a change in the existing state of things, on our northeast boundary, has been fully, and, as it is believed, efficaciously ex- pressed to the Executive of the State of Maine, so that the actual relation ot the State with the neighboring province, will not in future suffer any change. I have great pleasure, sir, in renewing, on this occasion, the assurance of my high consideration. EDW. LIVINGSTON. Gharlcs Bankhead, '» * ' Charged*t/lff aires qf his Britannic Majesty. Depabtment of State, fVashington, November 28f\8'i\. The undersigned, Secretary of State, &c. has the honor to acknowledge the receipt of a note from Mr. Bankhead, his Britannic Majesty's Charge d'Affaires, of the 25th instant, accompanied by the copy of a letter from Sir A. Campbell, the Lieut. Governor of the province of New Brunswick; by both of which the Secretary of State is informed, that the citizens of the United States lately under prosecution at Fredcricton, for acts done in the territory now possessed by Great Britain, within the country claimed both by that power and the United StateS; have been set at liberty, in accordance with the suggestions made in the former correspondence between Mr. B. and the Secretary of State. Mr. B's note, with its inclosure, has been laid before the President, who has instructed the undersigned to express his satisfaction at the prompt manner in which his suggestions have been com- plied with, and to say that he considers it as a proof of the disposition of his Britannic Majesty's officers to preserve the harmony that so happily i?ubsists between the two Governments. The undersigned renews to Mr. B. the assurance of his high considera- tion. ... E. LIVINGSTON. CiiAnLEs Bankhead, Esquire, Chargf iTJ^ffaires of His Britannic Majesty, ^ Mr. Bankhead to Mr. Livinsston. U.} ^f'f The undersigned, his Britannic Majesty's Charge d'Affaires, has the honor to acquaint Mr. Livingston, Secretary of State of the United States, that he has received a communication from his Majesty's Lieutenant Go- vernor of New Brunswick, stating that the authorities of Maine have en- deavored to exercise a jurisdiction over part of the territory at present in dispute between his Majesty and the United States; and further, that an or- der has been issued by a justice of the peace for the county of Penobscot, to the inhabitants of the town of Madavvaska, to assemble for the purpose of ^boosing municipal officers. The undersigned regrets sincerely that these irregular proceedings should have been had recourse to during the period when the question of bounda- [3] • rv is in a course of settlement, and in opposition to the dcsiro expressed by the President, that, pending the discussion of tluit question, the State of Maine should refrain from committing any acts which could be construed into a violation of the neighboring territory. The undersigned begs leave to submit to the Secretary of State several documents which he has received from Sir Archibald Campbell in support of his complaint of a violation of territory; and the undersigned entertains a confident hope that such measures wlil be adopted as shall prevent a recur- rence of acts, on the part of the authorities of the State of Maine, which are productive of so much inconvenience, and which tend to disturb the harmony and good will so necessary to be preserved between the two countries. The undersigned has the honor to renew to Mr. Livingston the assur- ances of his distinguished consideration. CHARLES BANKHEAD. Washington, October If 1831. '" i Enclosures with Mr. Bankhead's note to Mr. Livingston, of the Uf October, 1831. NOTICE. By a warrant lo me directedl)y William D. Williamson, Esq. one of the justices of peace for the county of Penobscot, and State of Maine, this is to notify and warn the inhabitants of the town of Madawaska, qualified to votfi in town affairs, to assemble at (he dwelling hou5e of Mr. Peter Ligott, on Saturday the 20th August, 1831, at one of the clock in the afternoon, to act on the following articles, viz: Ist. To choose a moderator; 2d. To choose a clerk of the said town; ' 3d. To choose select men; 4th. To choose constables. By order of the said justice: WALTER POWERS. ' Madawaska, ,/iugitst 19, 1831. , True copy: J. A. Maclauchlan, Warden of the disputed territory. ,..> :f. State of Maine. - . l^ To Walter Powers, of Madawaska^ in said county ^ greeting: You are hereby required, in the name of the State of Maine, to notify and warn the inhabitants of said Madawaska, qualified to vote in town afiairi, io meet at Mr. Peter Ligott's dwelling house, in said town, on Saturday, the 20th day of August, 18S1, then and there to act on the following articles, and to transact such other business as may come before them. 1st To choose a moderator to govern said meeting; 2d. To choose a town clerk; 3d. To choose select men; 4th. To choose constables, and all other town officers. • f <« Il ^\ Iral )rt If a jur- lich Ithe two sur- C3] And you are hereby further required, in the name of the Slate of Maine to make a return of this warrant, with your doings therein, at the said meet- ing, nt which you vvill preside, until a moderator be chosen. Given under my hand and seal, at Bangor, in said county, the eleventh day of July, one housand eight hundred and thirty-one. WILLIAM D. WILLIAMSON, [l. a.] Justice qf the Peace. Madnwaakn, jQutfitsf 20, 183L True copy: J. A. Macj.auchlan. .. The olBcers as referred to in the above instrument, were actually chosen in by American residents in the upper part of the Madawaska settlement, and that the several officers were sworn in to perform the duties required of ♦hem. J. A. MACLAUCHLAN. . • i ;. Mr. Banlihead to Mr. Livingston. Washinotom, 20/A October, 1831. The undersigned.Miis Britannic Majesty's Charge d'Aflairea, has the honor to acknowledge the receipt of Mr. Livingston's note of the iOth instant, in answer to a representation which the undersigned thought it his duty to make to the Government of the United States, upon a violation committed upon the territory at present in dispute bulwr Cumberiandf ss. ) Portland, Oct 18th, 1831. Then personally appeared the above named John Baker, and made d$0lemn oath, that the above deposition, bv him signed, is true. Before me, FRANCIS 0. J. SMITH, J. P. J, PhinehasB. Harford,.of lawful age, on oath, depose and say — that I am a resident of the town of Madawaska, in what are called the upper settle- ments of Madawaska. I was present at each of the town meetings described in the deposition of John Baker, and know and testify that the deposition of said Baker concerning said meetings, what transpired in them, and the con- duct of Mr. Coombs and of Mr. Rice in them^ is, in all respects, true. I iurther depose and say, that I saw the landing of the men from the canoes, as described in said Baker's deposition, and also the movements of said men while on shore. On the Monday when said men landed, and immediately after they landed, I went up the river St. John to the upper settlements be- fore mentioned; on the Tuesday morningfollowing, about three of the clock, Mr. John Baker arrived at the upper settlements, as testified in his deposi- tion, and I retreated with him into the woods, and continued with him at all times since then, and until his arrival in the town of Portland ; and know and testify that his deposition relative to our doings and proceedings from the time of our said retreat, and also concerning the condition and distress of the inhabitants of Madawaska, to be, in all respects, true. PHINEHAS R. HARFORD. ' State of Maine, "> Cumberland, s*. 3 Portland, Oct. 12, 1831. Then personally appeared the above named Phinehas R. Harford, and made solemn oath, that the above deposition by him subscribed is true. Before me. FRANCIS 0. J. SMITH, J. P. 13 [3] To his Excellency the Governor of the State of Maine: HoNORKD Sir: We think it our duty to make known to you the late oc- currences, and the difficult situation we are placed in: that is, the Governor of New Brunswick, the high sheriff, and their attendants, have come to Madawaska, and have ordered out the militia, en masSf from which they have selected and armed about seventy, and have declaredUhat it is their in- tention to take every man prisoner that voted at the town meetine. They have taken many, and among the prisoners are four Americans. They pur- sued the remainder of us to the head of the settlement, into the woods, and declare they intend to keep garrison at Mr. Baker's, in order to starve us to compliance. We have now slept in the woods three nights, without fire or covering, and by stratagem have obtained potatoes from the fields for sub- sistence. For further particulars we shall refer you to Mr. John Baker and Mr. PhinehasR. Harford, who are the bearers of this express. JOHN HARFORD, AMOS MADDOCKS, ■y NATHANIEL BARTLETT, WALTER POWERS, JOSEPH MILES, ;, ; AUGUSTIN WEBSTER, CHARLES MTHERSON. September 29, 1831. - >'*iLi- '* ;'f ''<'}- '*i' I i Mr. Smith to Air. Livingston. Executive Department of Maine, Portland^ Nov. 10, 1831. "- Sir: Since I had the honor to receive your letter of the 21st October, a meeting of the Executive Council has been held, and measures adopted to prevent, if possible, any further collision between our citizens and the [93 16 tion necessary, conceivinp; it to be their duty, provided measures for that purpose, would be in accordance with the views of the Generul Govern- ment. I am informed that warrants have been issued by the British magis- trates, against all who took part in diction of Massachusetts, since 1792, and of Maine since her separation, has been greatly more extensive and continued, than that of the provincial Go- vernment. After the true St. Croix and its sources were ascertained in 1798, the British ceased to exercise an}' acts of jurisdiction over the settle- ment at Madawaska, or other parts of the territory, since disputed; and for twenty years, and until the commencement of the controversy respecting the boundaries, their jurisdiction was not resumed. But since that time, and subsequently to 1827, when it is supposed the arrangement before al- hided to was made, the British, for the first time, appointed magistrates in this territory, who acted as such^ granted timber licenses, and organized militia companies, issued legal process against American citizens, have in- terfered with the settlers on the Aroostook, and in their last excursion, pro- ceeded to the upper settlements to arrest the people there, many miles above Madawaska, and further than they had before extended their jurisdiction. The facts referred to arc believed sufficient to make it manifest that the arrangement to preserve the existing state of things has been often violated on the part of the British authorities. They also show the necessity of ex- ertion on the part of this State, to resist the progress of these continued en- croachments, and thus to prevent their being afterwards relied upon by our opponents as evidence of a claim to the actual ppssei^sion of the territory, s. m C9 3 Though it would seem that the recent conduct of the Oo^^ernment of New Bru!i8wick, on this side of the line, designated by the King of the Nether- lands, as, in his opinion, a suitable boundary, was a practical rejection of the award, it has nevertheless, been ascertained by our agents who have been at JMadawaska, that the line designated by the umpire, had been previously surveyed by the British; and that, in September, 1830, a company consisting of several English gentlemen, and among them an officer in the naval ser- vice, devoted much time in reconnoisances on the line running north from the source of the river St. Croix, and on the river St. John to the mouth of the St. Francis, and were occupied two or three weeks in exploring the St Francis alone. The interest which Maine feels in the result of this controversy, arises not more from the value of the territory in dispute, than from a desire that her rights, as guarantied by the constitution of the United States, micht be preserved inviolate. A great portion of the territory northward and east- ward of the rivers St. John and St Francis, is extremely well watered, has a fertile soil, and is covered with valuable timber. It is still more important when considered as a military frontier. Numbers of our enterprising citi- zens have settled upon it, and if the present controversy were favorably set- tled, it would soon become a flourishing and populous part of the State. It is from a sense of duty as the official agent of the State, that I am in- duced, at this time, to refer to subjects which have so often been presented to the consideration of the General Government But I trust this State has never departed from the deep respect and constitutional deference which are always due from each member of this confederation, to the paternal authori- ty of the Government of the United States. During the whole progress of this negotiation, Maine has continued respectfully but decidedly to remon- strate against proceedings directly involving her rights and interests as a State, and to which her assent was never requested. She contends that the United States have not the power by the Federal Constitution, to alienate, by negotiation or otherwise, any portion of the territory of a State, without the consent of such State. She opposed the submission of the question to arbitration; she has communicated to the President her conviction that.the award of the arbitrator was not binding upon this State or upon the United States, and has protested against its acceptance; she has exerted all tho means in her power for the preservation of her rights and territory; and if, after all, the wisdom of Congress shall decide that the interests of the natioii require the extraordinary opinion and advice of the King of the Netherlands to be carried into effect, from necessity alone, will the people of this Stale be compelled to submit. With the highest respect, I have the honor to be, &c. &c., SAMUEL E. SMITH. Mr. Deane to Mr. Smith. Ellswobtb, Nov. S, 1831. Sm: The situation in which I have been placed, has caused me to becotae acquainted with the history of the northern parts of this State, including the Madawaska settlement "«S' [3 3 IS \l In 1 788, Pierre Lezotte, a boy of fourteen years of age, strayed from his home in Canada, and found his way to the Indian settlement at the mouth of Madawaska river, where he continued during the coming winter. On his return to his friends, his representations were such as induced his half brother, Pierre Duperre to accompany him to the same place for the purpose of trade with the Indians. The year following, they commenced their business on the south side of the St John, from two or three miles below the mouth of Madawaska river. They were the first persons who com- menced their residence at Madawaska. Two or three years afterwards, say in 178G, the Acadian or neutral French, whose ancestors had been settled at the head of the Bay ol Fuiidy, or in the country which is now called Nova Scotia, and had been driven from thence, and had established themselves at St. Anns (now Frcdericton,) and in that neighborhood, being disturbed by the introduction of the refugees, and the acts of the Government of New Brunswick, which dispossessed them of their farms, fled up the St. John in search of places of residence out of the reach of British laws and oppres- sion. Twenty or more families removed and settled themselves on the St. John, below the trading establishment which Pierre Duperre had made a few years before. Here they continued in the unmolested enjoyment of their property for some years. Pierre Duperre, being a man of some learning, had great influence with his neighbors; and the British authorities of the province of New Brunswick seeing hisconsequence in the settlement, began early to caress and flatter him; and sometime in the year 1790, induced him to receive from them a grant of the land he possessed. Influenced as well by Pierre Duperre, as with the hope of not being again disturbed and driven from their possessions, a» they and their ancestors more than once had been by the British, this large body of Frenchmen were all induced to receive grants from New Bruns- wick, of the land they possessed, for which some paid ten shillings, and others nothing. About this period, 1790, another body of the descendants of the Acadian or neutral French, who had sought a refuge on the Kenebeckesis river, were there disturbed in their possession by the refugees and the acts of the Go- vernment of New Brunswick. They also quit their possessions, and, in like manner, sought a refuge from oppression with their countrymen at Mada- waska. After having resided at Madawaska some years, they were induc- ed, as their countrymen had been to receive grants of the land they had taken into possession, from the Government of New Brunswick Single families afterwards added themselves to the settlement. A few families established themselves in 1807, a few miles above the mouth of Madawaska river. They ail lived in mutual good fellowship^ recognizing and practising the duties of morality and religion, and governed solely by the laws of honor and common sense. They continued to live in this man- ner to as late a period as 1818; and the British had made no grant higher up the St. John than Pierre Duperre's, and had extended no other acts of jurisdiction than those abovementioned, unless the transportation of the mail through to Canada, and the granting a commission lo Pierre Duperre in 1798 as a captain of militia, there being no military organization until twenty-eight years afterwards, may he called acts of jurisdiction. In 1798, the river St. Croix was determined, and its source ascertained, under the treaty called Jay's treaty. At this period, terminates all acts and pretences of acts of jurisdiction in the Madawaska settlement by the British; and for a period of twenty years, and until it was discovered by them that Mar's hill 16 C3] wai the northwest angle of Nova Scotia, there is not an attempt to exercise jurisdiction. The course of circumstances now became such as to excite the spirit of encroachment, and they issued legal processes against two citizens of the United Slates, who Iiad settled in the wildcrnrss many miles beyond where the British had ever exercised any acts of jurisdiction before, but these were not prosecuted. In 1824, Sir Howard Douglass arrived, and took upon himself the Govern- ment of New Brunswick, as its Lieut. Governor. In December of that year he appointed four military captains, and a competent number of subal- terns at Madawaska, but the persons appointed did not accept their com- missions until July 1826, subsequently to which time the militia were fully organized. Licenses to cut timber were also granted by New Brunswick. In May, 1825, Gov. Douglass granted a tract of land to Simon Hebert at the mouth of Madawaska river. In May, 1826, he made anr>ther grant to Francis Violcttc of a tract at the mouth of Grand river. He also appointed and commissioned many other military officers. In 1827, several processes were issued against citizens of the United States, only one of which, th.nt against John Baker, was ever prosecuted; but many of onr citizens were driven away by them. In 18-^9 or 1830, for the first time, a civil magistrate was appointed in the Madawaska settlement, and commenced acting as such. In 1830 or 1831, for the first time, they granted tavern licenses, and prosecuted such as sold without license. In a word, from the period Governor Douglass en- tered upon the duties of his office, they have been continually extending and multiplying their acts of jurisdiction. The French ml ' ihabitants say they are satisfied that the Madawaska settle- ment is within the limits ofthe United Stales, and that they should like to live under their laws, but the British come and enforce their laws upon them: they are not able to resist, and have been obliged to submit to their jurisdiction. In 1820 or 1821, three or four persons went up and established them- selves on the banks of the Aroostook. Several from the province of New Brunswick and the State of Maine, in the following years, joined them. After the commencement of Sir Howard Douglass's administration, licenses were granted to cut timber in this region also, and civil processes were served upon the inhabitants. On this river they had not, prior to hi.s ad- ministration, exercised any act of jurisdiction whatever; that region adjoin- ing the line having, in fact, been surveyed and granted by Massachusetts, seventeen years before, to the town of Plymouth and General Eaton. In 1792, the Government of Massachusetts contracted to sell a tract of land between the waters of the Schoodic and Penobscot, extending back to the highlands of the treaty. This tract was surveyed under the orders of the Go- vernment, the surveyor running and marking his lines to highlands north of the St. John, supposed at that time to be those described in the treaty of 1 783. In 1801, she granted the township of Mar's hill to the soldiers of the re- volution. In 1806, she granted the township adjoining Mar's hill to Deer- field and Westfield academies. In 1807, she granted a township of land to the town of Plymouth,, lying on both sides of the Aroostook, and bounded cast by the line due north from the source of the St. Croix river to the highlands. In 1808, she conveyed ten thousand acres to General Eaton^ bounded east by the last aforesaid grant. All the aforesaid grants were made pursuant to actual urveys, which had been previously made under her authority, in 1808, v r before the line due north from the source of the St. Croix was run, under the authority of Massachusetts, as far as the C 3 3 .20 river St John. In 1820, an examination and reconnoissanee was made of the whole country on the Alligash river, and on the "^l. John, ironi the mouth of the Alligaith to the place where the line due north from the aonrce of the St. Croix intersecta it, under the authority of Maine. The same year the census was taken under the laws and authority of the United States. In 1884, the land agent of Maine seized the timber land which had been cut by trespassers on the Aroostook. In 1825, the land agentu of Maine and Massachusetts conveyed two lots, one to John Baker, and the other to James Bacon, lying on the St John, about twelve miles above the Mada- waska. In 1825, the surveyors of Maine and Massachusetts completed the survey of two ranges of townships, extending north from the Monument, at the source of the ri\'er St. Croix, to within less than half a mile of the river St John; and the States divided, according to the act of separation of Maine from Massachusetts, the townships in those ranges which had not been previously granted. In 1828, Maine and Massachusetts surveyed and divided five additional ranges of townships, lying west of the two ranges aforesaid, and extending nearly to the St. John, and there never has been a moment during which, Massachusetts prior to 1820, and Maine since that period, have ceased to assert their jurisdiction over the whole country. I have the honor to be, &c. &c. JOHN G. DEANE. Samuel E. SuiTa, Esq., Governor of Maine. Executive Department of Maine, Portland, October I2M, 1831. Sir: I have the honor to acknowledge the receipt of your letter of the 5th instant, transmitting a copy of a note received from the Charge d'Af* faires of his Britannic Majesty. • In compliance with the request to be furnished with such information on the subject referred to in your letter, as may be in my possession, I have the honor herewith to transmit a copy of a resolve of the Legislature of this State, in relation to the persons settled on the public lands without title, in virtue of which, two gentlemen, Messrs. John Deane and Edward Kava- nagh, were appointed, and the extent of their authority was to obtain the information specified in the resolve. I am advised by their letter of the 26th of August last, a copy of which is herewith transmitted, that they have peaceably executed the duties of their appointment, but a full report of their proceedings has not been received. This is the onlv measure adopted by this department that is known to have any relation to the disputed territory. I also transmit copies of two letters directed to me by the Lieutenant Go- vernor of New Brunswick, together with my answers to the same. An act was passed the legislature of this State, ut their last session, to in- corporate the town of Madawaska, which is bounded in part by the line of the State. By this act, and by some others, I considered that it was intend- ed by the Legislature to assert the claim of this State to jurisdiction over that portion of territory which they knew to be within the limits of Maine, and that it was not to be carried into effect until circumstances should ren< der it proper and expedient The measure that is said to have been adopt- ed by the inhabitants of that territory, of voluntarily organizing themselves into a corporation, was unexpected by me, and done without my knowledge. [3] The only information received at this department, in relation to this last mentioned transaction, is contained in a letter purporting to bo signed by Jesse Wheelock and Daniel Savage, who are personally unknown to me; but as their statement is also corroborated by a letter from a gentleman at Houlton, it is believed to be substantially correct A ropy of this letter from Messrs. Wheelock and Savage is herewith transmitted, by which it further appears that (hey, together with several other citizens of this State, have been arrested by the British authorities, and transported towards Fredericton, for the purpose of being there im- prisoned. They were arrested within the territory of this State, and of the United States, and as citizens of the United States, now claim the aid and protection of Iheir government and country. After the measures heretofore adopted by Maine, for the purpose of com- municating to the General Government a knowledge of the views and senti- ments of the people of this State upon the question of our northeastern boundary, it is unnecessary for me to add any further suggestions as to the public fueling which exists in relation this subject. But in conformity vvith the recommendation and desire of the President, as heretofore as well as at present expressed, it has been and will continue to be my earnest endeavor to prevent the occurrence of any event that may embarrass the pending ne- gotiaton, or give any occasion for collision with the British authorities. 1'he facts and information that are within my possession, I have endeav- ored to communicate, and have full confidence that such measures will be adopted by the Government of the United States, as the urgency of the oc- cation, the protection of our citizens, and the rights and honor of this State and the United States, seem imperiously to require. With high respect and consideration, I am, sir, your obedient servant, SAMUEL E. SMITH. Hon. Edward Livingston, Secretary cf State of the United States. State of Maine. Resolve in relation to persons settled on the public lands without title. Resolved, That the Governor, with the advice of council, be, and hereby is, requested to appoint some suitable person or persons, to ascertain the number of persons settled on the public lands north of the line runnujg west from the monument, the manner in which they respectively hold the same, and to report all the facts which will be for the interest of the Stale, to enable them to adopt some mode of quieting the settlers in their possessions. Resolved, That the land agent be, and hereby is, requested to give spe- cific instructions to the person or persons appointed, as aforesaid, for their rule and government, in fulfilling the requirements of this resolve. In the House of Representatives, March 30, }83l.— Read, and passed. BENJAMIN WHITE, Speaker. In Senate, March 31, 1831.— Read, and passed. ROBERT P. DUNLAP, President. March 31, 1831.— Approved. SAMUEL E. SMITH. ' ^^'"*^^!*^* Attest. R. G 0^1£;E.^, Secretary of State. [3] 522 Uanuor, S6M Jittgustt i83l. Sir: We liavo tlic pleasure of announcing tn you that wo have attended to the duties assigned us under tho resolve oi the 31st of March last. Wc met at Hangor, and went by the way of Mooschcad lake, the Penobscot, the Chcsuncook lake, the Umbazookskus, and the Allaguush rivers, to the river St. John. Wo descended the St. John, and visited the persons settled on the public lands. Three men only refused to answer the questions neces- sary to ascertain the extent and nature of their posaessioiii*; all others to whom wc applied, answered us readily. Thoae who refused, were Simon Ilebcrtand his sons Simonct and Joseph; these men hove probably been fa- vored by the British authorities, and thtiir feelings and sympathies may be with them. After wc had progressed nearly to the line of the State on the river St. John, a gentleman met us, who said he had travelled express from Frederic- ton, charged with instructions from the executive of New Hrtmswick in re- gard to us, and he demanded of us to show him our commission or authori- ty. Wc inquired his authority to mako the demand, and he replied that his name was James A. Maclauchlan, and that hn was warden of the disputed territory. We answered that we knew no such person or olTice, and request- ed of him to show us his authority. Much conversation ensued, and we told him very frankly what we had done and intended to do. lie observed he protested against our proceeding, and asked us if wc intended to proceed? our reply was that we did. He said it would then be his duty to continue with us until we left the territory; and he did continue with us a part of the time, until the third day, when he left us and returned. He did not other- wise interfere with, or interrupt us in our course. His conduct was polite, And his being with us, and his general manner, had effect, as we believe, in relieving the people from their doubts in relation to their future condition. From the Madawaska settlement, we went up Fish river, and carried into the Aroostook waters, and visited the settlers on that river. We then de- scended the Aroostook and St. John, and went to Houlton, whence we came to this place. We have time now only to advise you of our general course of proceed- ing, and must close with observing that we have succeeded according to our most sanguine expectations. We shall forward our report as soon as we can make it up, which we hope will be before the next meeting of the council. We have the honor to be, sir. Your very kumble servants, JOHN G. DEANE, EDWARD KAVANAGH. Sauuel E. Smith, Governor of Maine. St. Johns, New Brunsvvice, September 4, 1831. Sir: I avail myself of the very earliest opportunity of acquainting your Excellency with my arrival here yesterday, for the purpose of assuming the government of this, your neighboring province, in virtue of a commis' sion from his Britannic Majesty to that effect. 23 [33 In entering on Iho performance of the important duties committed to my cliarge, I should do itijudticc to my feelings, were I to omit conveying to your Excclloncy the assurance that it will ever be my most earnest object and desire to slrcnglhcii and cement, by every means within my power, the friendship and cordiality which so happily exists between our rc« spcctivo Uovernmcnt.^. With sentiments of the utmost respect and conHidorationf I have the honor to bo, sir. Your Excellency's most obedient humble servant, ARCHIBALD CAMPBELL, Major Oeneral. Jlis Excellency the OovenNOR q/' the State qf Maine. Executive Department of Maink, Portland, September 29, 1831. Sir: I am happy to have the honor to acknowledge the receipt of the letter of your Excellency, of the 4th instant, communicating the informa- tion of your arrival in New Brunswick, fur the purpose of assuming the government of that province, in virtue of a commission from his Bitannio Majesty to that effect. fcver feeling interested in the welfare of our friendly neighbors of New Brunswick, the people of this State cannot but be gratified with the infor> mation of an appointment so calculated to contribute to the happiness and prosperity of that province. In behalf of the State of Maine, whose agent I am, I sincerely recipro- cate the sentiments of your Excellency, and, in the discharge of my oflicial duties, it will ever be my anxious endeavor to prevent the occurrence of any event that can give cause for the interruption of the friendship and good understanding, which I hope and trust will long continue to exist between our respective Governments and nations. I avail myself of this occasion to tender to your Excellency the assur- ance of my high respect and consideration. SAMUEL E. SMITH. To his Excellency Sir Archibald Campbell, Major Geaeralf ^'C. 4^., Lt. Gov. qfthe Province of New Brunswick. Fredsrictoi^, New Brunswick, September 13, 1831. Sir: I have just learnt, with equal surprise and regret, that some people from the State over which your Excellency presides, have crossed the boun- dary line actually existing between the two countries, and taken possession of a part of the territory still in dispute between our respective Govern- ments. I cannot believe that measures of so fatal a tendency, and likely to prove so ruinous iu their consequences to the true interests of both countries, can [3 ] 24 have been undertaken under your Excellency's sanction or authority; and I confidently therefore rely upon your immediately recalling the aggressors, and subjecting their conduct to such judicial inquiry as is demande- pute. 'Ilie letter of your Excellency has communicated to me the only authentic information I have yet received of a transaction of this nature, and I regret equally with your Excellency that any people from this State should have committed the acts of the kind descrioed, and created agitation and alarm among the peaceful inhabitants of a friendly country. But as the names of the aggressors, and the particular nature and circumstances of the transaction are not made known to me, it is out of my power, with my present infor- mation, to account for, or explain acts which, had I been apprised of the intention to have committed them, my object would have been, if possible, to have prevented. Two gentlemen were appointed by this depaatment, in virtue of a resolve of the Legislature of this bUate. *