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Las cartas, planchas, tableaux, etc., peuvent Atre filmto it dee taux da rMuction diffirants. Lorsque ie document est trop grand pour Atra raproduit en un seul cliche, il est f iimi A partir da i'angle sup6rieur gauche, de gauche i droite, et de haut en bas, en prenant la nombre d'images nteessaire. Les diagrammes suivants iliustrent la mithoda. 1 2 3 1 2 3 4 5 6 lint Slill f •11' 'i^ '■' '♦ lit W. ' ' NORTH AMERICAN BOUNDARY. CORRESPONDENCE BELATINO TO THI BOUNDAKY BETWEBN THE BRITISH POSSESSIONS IN NORTH AMERICA AND THE UNITED STATES OF AMERICA, UNDER THE TREATY OF 1783. [IN CONTINUATION OF PAPERS PRESENTED TO PARLIAMENT IN 1840] Pre$mted to both Houtet of Parliament by Command of Her Majetty, 1843. LONDON: rUMnp BT T. B. HARBISON. i A r X f n r • H T HOW ff I w LIST OF PAPERS. 1. t. s. 4. •5. 6. For«lga Oflee, JmM Foritign Offlcr, June Fonign Oflc«i Jttna Foreign OffleCi July Washington, June Washington, Washington, Washington, 10. 11. 19. ts. 14. IS. 16. Viscount Palmerston to Mr. Fox Viscount Palmerston to Mr. T'oi Viscount Palmerston to Mr. Fox Two Innlosorei. 1. British Draft nf ConTcntlon "S. Amnrican Counter-Project Viscount Palmerston to Mr. Fox Mr. Fo» to Viscount Talmerston Two Inclosurei. 1. Mr. Foj to Mr. Foravth .. 9. Mr. Forsyth to Mr. Fox . . Mr. Fox to Viscount Palmenton Two loclosure*. 1. Pmident's Messagv to Congrom — June 17 . . 9. Discussion in Senate on Boundary Negotiation Viscount Palmerston to Mr. Pox . . Mr. Fnx to Viscount Palmertton One Inclosure. Mr. Fox to Mr. Forsyth . . Mr. Fox to Viscount Palmerston .. Two Inclosurei. 1. Mr. Forsyth to Mr. Fox . . 9. Mr. Fox to Mr. Forsyth . . Mr. Fox to Visconnt Palmertton One Inclosure, Mr. Pox to Mr. I^iriTth Mr. Fox to Viscount Palmenton . . One Inclosure. Mr. Forsvth to Mr. Fox . . Mir, Fox to Viscount Palmerston Two Inclosurei. 1. Mr. Forsyth to Mr. Fox . . 3. Second Anierieon Cniinter-Drafl for the establiih- nient of North- Eastern Boundary Conmis- lionen . . Mr. Fox to Visconnt Palmenton One Inclosure. Mr. Fox to Mr. Ponyth Mr. Fox to Viscount Palmenton Mr. Pox to Visconnt ralmenton One Inclosure Extract from Message fVom the President of the United State* Jane Jane Ju\f Foreign Ofllee, Aaguit Washington, July WasMnirton, Washington, Washington, Washington, Washington, Washington, Washington, Washington, Washington, July July Jnly July July July Augnit August Angult 8,1840 8, 80,— 4,- 98,- 99,- 96,. 5,- 19,—. 30,— 96, 80,- as, — 98.—. 80, ~ — 98,— 4,— 15,^ Wuhmgton, Angutt IS,- Washington, AnguA 39, ■ Washington, Washington, Washington, August October 17,- 30,- December 10, > 17. 18. 19, SO. Mr. Fox to Viscount Palmenton Eleven Inelosnres. 1. Lord Sydenham to Mr. Fox 2. Sir John Harvey to I.>ord Sydenham 3. Sir John Harvey to Lord Sydenham 4. Sir John Harvey to Lord Sidenham 5. Mr. Mac 1 Jiuchlan to Sir John Harvey 6. Mr. Mae Lanchlan to Sir John Harvey 7. Mr. Rice to Mr. Mac Lanchlan 8. Lord Sydenham to Sir John Harvny . , 9. Sir John Harvey to Mr. Fox 10. Mr. Fonyth to 'Mr. Fox 11. Governor Fairfield lO Sir John Harvey Mr. Fox to Viscount Palmerston One Inclosure. Extract from Message of Go\ emor of Maine . . Mr. Fox to Viscount Palmerston Mr. Fox to Viscount Palmerston One Inclosure. I Report by the Ameriean Cnmmtssionen of their • labours on the North-Eastem Boundary, during the autumn of 1840 Mr. Fox to Viscount Palmerston One Inrlosure. Report from a Committee of the .^tate Legislature of Marylaua. upuu ibu tiale of the UuuuUary Question . . . . . . Washington, D e cem b er 29, ■ Montreal, Fredericton, Fredericton, Fredericton, Fredericton, Madawaska Settl., Madawaska Settl. Montreal, Fredericton, Washington, Saco, Washington, Washington, Washington, November 98, Ntfvembef 8, November 13, November 17, October , November , November November November December December January January February February 24, 1 8 4 « , 10 17 18 >« •» . 23 . 98 28 24 •« 25 26 26 26 27 80 30 30 31 88 37 40 40 41 41 49 43 43 44 45 45 46 "47 48 48 49 49 60 61 63 54 Washington, March IS, • 84 63 64 No. 11. 93. as. 94. 3fi. 96. 37. 38. 39. 30. ai. 33. CONTINTB. Mr. Comiil nnttar to Vmroiinl Ptlihonton . , One Iiichmir*. Report of the .loint Spprial ('ommitlM of the Rial* I.egitlature of MuMchuMttt, od the North- Eaitrm Itoiiniliry Mr. Fox to Vim-ount I'almenlon .. Mr. Fox to Viirouiit I'dmenton Six Inch>«um. 1. lleport nf joint Committee of the State I^egiaUtiireof Maine upon the North- Ranlprn lloiinitiiry 9. Ordera and Reiolutiont on Boundary QuciUon Keantvca tn rppel liritiah aggreuion 3. Indiana Keiolutiont .. .. 4. Atnbnma llraotnlioni . . . . d. Marylnnd Uraoliitinni . . • . 6. .Maaaachnielta Keiolutiona Mr. Fox to Viacoiint Palmi-rston Vitcount Pnlmrrilon to Mr. Fox Viicount Palmrnton to Mr. Fox . . . Mr. Fox to Viacount Palmeraton Fivp Inrloaurra. 1. Lord Sydenliam tn Mr. Fox 9. Mr. Fox to Lord Sydenham 3. Mr. I'ox to Mr. Fonyth . . 4. Mr. Webater to Mr. Fox. . 5. Mr. Fox to Mr. Webater Mr. Fox to Viacount Palmenton Twenty -five Inclnaiirei. I Sir VV. Cidebrooke to Mr. Fox .3 .Sir W. C'olebrooko to Lord Sydenham 3 Sir W. Colebrookc to Lord Sydenham 4 Sir W. Colebrooke to Mr. Fox 5 Sir W. Colebrooke to Lord Sydenham .6 Sir W. Colebrooke to Mr. Fox 7 Sir W. Colebrookc to Lord Sydenham 8 Lont Sydenham to Mr. Fox 9 Sir W. Colebrooke to Lord .Sydenham 10 Lord Sydenham to Sir W. Colebrookc 1 1 l..ord Syilonham to .Sir VV. Colebrookc 12 Sir W. Colebrookc to Mr. Fox 13 Sir W. Colebrookc to Ixird Sydenham 14 Mr. Mr Uuchlan to Sir W. Colebrooke 15 Mr. Coomba to Mr. Mc I^uchlan . . 16 Sir W. Colebrookc to Mr. Mc Lauchlan 17 Mr. Peters to Sir W. Colebrooke . . 18 Sir W. Colebrookc to Mr. Fox 19 SirW. Colebrooke to I.ord J. Rnaaell 30 Sir W. Colebrooke to Lord J. Ituasell 21 Sir W. Colebrook to Mr. Fox 23 Sir W. Colebrookc to Lord Sydenham 23 Mr. Mac Lauchlan to Mr. Keade 34 Mr. McLauchlaii to Sir W. Colebrooke 25 Mr. Mc Lauchlan to the Aaaestora of Mada- waika County Kate Mr. Fox to Viicount Palroertton One Incloaure. Lord Sydenham to Mr. Fox Viicount Palmenton to Mr. Fox Mr. Fox to Viacount Palmeratoa Two Incloaurei. 1. Mr. Webater to Mr. Fox 3. Mr. Fox to Mr. Webater Mr. Fox to the Earl of Aberdeen Mareh 29, IMl T. J J . . . . 76 Waahington, April IS. 99 Waihington, April 26, 95 , , February , , Febniarv , , January , ^ March , , March Waahinirton, June Foreign Office . July FureiKti Office , Aupuat WaBhingtoii, Auguat Kinft.'on, Waibin^'on, July July Waahinirton, Auguat Waahiugton, June Waahington, Juno Waahingtun, Auguat Frcdericton, May Fredericton, May FreDraA, which tlrr Miyekty'i Government could nut adopt, but that you will, by a very earljr opportunity, receive an amended drcl't to be tubmitted to the contideratioa o( the I'reiiiilenti and that yuu will at tho lanie time be initructcd to propow t) the [*rr«ident a local and temporary arrange ment, for the purpuae of preventing coilitiunt within the limiti of t!ie Ui«put«d Territory. I aM, fte., (Signed) PALMl&llSTf)N. N» 2. JlfcoMil PalmtriUm to Mr. Fax. ■r, F«riig% Ofiee, Jiau 3. 1840. Wmi reference to my other deepatch of tliia day, I have to atato to yon, that it leemi desirable thai no lime should be loa: in endeavouring^ to settle with the United States' liovrrnnR-nt some temporary arrangement ^Inch ahall etkc tually prevent local collisions within the Disputed Territory, during the period which mar yet elapia before the qucation of the Bouaaarr shall be finellf (ktarmincd. 1 have, aecordincly, to inrtruct you to call the serious attention of the Pre- ■ident to the many inconveniences which are likely to result from tho present •tatc of things in that quarter, and to say, that it is the opinion of Her Majesty's Gove~*«nent, that the best way of preventing the friendly reUtions between the Unitfc.. otatea and Great Britain from being interrupted by the indiscreet acta of local authorities, would be, to place these mattera in the hands of tho two Governments. For this purpose Her Majesty'a Government would propose, that an afi^ree- ment, to be recorded either by a protocol or by an exchange of noteb, should b« come to between yourself on the part of Her Majesty's Government, and Mr. Forsyth on the part of the Government of the United States, purporting that two Commissioners should be nppointed, one by each Government, who should have charge of maintaining order in tho Disputed Territory, during the interval of time which may elapae before the question of Boundary shsll be finally settled. That these Commissioners, neither of whom should be a citizen of any of the States on the immediate border, nor a native of Her Majesty's North Ame- rican provinces, shall employ a civil force in the cap. city of constables, to consist of an equal number of British subjects and of American citizens ; and that the duty of these persons shall be to protect the timber from depredation, and to arrest and expel all trespassers; that any fortifications or entrenchments which either party may have constructed within the Disputed Territory shall be demolished : and that any post which it may be necessary for the Commissioners to cause to be occupied, for the purpose of preventing trespass and plunder, sliall be occupied by an equal number of British and .American constables. All timber which may be found cut down by trespassers within the Disputed I'erritory, shall be burnt on the spot where it may be found ; and all trespassers who may be met with in the act of plundering, shall be delivered over to their respective country to be dealt, with according to law. I shall send you further instructions on this matter by the ssme opportunity by which I shall transmit to you the Draft of a Convention for settling the Boaadarj. I am, &c., (Signed) PALMERSTON, Ba fT 1 ' No. 3. Viscount Palmertton tQ Mr, Fox. Sir, Foreign Office, June 30, 1840. i NOW tranimit to you the Draft of a Convention which Her Majesty's Goyemment wish to submit to the Government of the United States, for the purpose of appointing two Commissions, the one to explore and survey the line of boundary between the British Provinces of New Brunswick and Canada and the United States, and to determine and lay down that boundary in conformity with the IVeaty of 1783 ; the other to act as Arbitrator on matters with respect to which the first Commission may be. unable to come to a decision. Her Majesty's Government trust that this Draft will be considered a fresh proof of their earnest desire to bring this long-pending business to a just and satisfactory conclusion. The Government of the Uiiit?<'. States, in the year 1833, made to the British Government a proposal that a Commissiun of Exploration should be appointed by the two Governments to search for the Highlands of the Treaty of 1783. The British Cover. >mcnl accepted that proposal in substance, but suggested certain moditications in its details. Some of these modifications were agreed to by the Government of the United States ; and Her Majesty's Government prepared a Convention, which, in its preamble, recited the agreement th-<.t had been come to by the two Governments, and in its Articles was intended to carry that agreement into effect. But when the Draft of that Convention was received at Washington, the Government of the United States seemed to have changed its viewt ; and without assigning any specific reasons for not abiding by the agree- ment which had previously been come to, with respect to a proposal originating with the Cabinet of Washington, it transmitted, in reply, a Draft of Convention, differing essentially from that in which Her Majesty's Government thought they had embodied the result of the preceding negotiations. The chief reason assigned, or rather implied, by the Govenimont of the United States for rejecting the British Draft was, that in the present sttte of things, it has become inex|)edient for the two Governments to take any measure on these matters which shall not coatain within itself the certainty that it will lead to a final settlement. Her Majesty's Government concur in that, opinion, but they think that the Draft which they proposed last year will be found, upon attentive examination, to contain arrangements which must almost necessarily have led to a final settlement. There was not, indeed, in that Draft any provision for arbitration upon points on which the Members of the Commis- sion, and the two Governments who were to appoint them, might be unable to agree ; md it may certainly be said that an arrangement is in a case of this kind the best adapted to render a final settlement certain. But one piincipal reason why that Draft did not contain a provision for arbitration was, tint no such pro- vision had then been proposed by the Government of the United States, and that, on the contrary, tiie Governnient of the State of Maiu'j had distinctly resolved that it would not consent to any furtlitr arl)itrntion. 'i'he American Counter-Draft does contain a provision for arbitration; and Her Majesty's Government beinsj desirous of having this quetition finally settled, and Relieving that, iliere is little prospect of its over being so settled without arbi- tration, in some shape or other, is willing to a{?ree to adopt that principle The Draft now sent to b^ proposed to the United States' Government con- tains therefore r provision for est iblishing a Commission of Arbitration. The American Counter-Draft seemed to Her Majesty's Government lo be open to many objections, both ni its principles and in its details. Her Majesty's Government are willing to adopt the principle of arbitration, and to assent to the particular mode proposed by ths President for constituting the arbitrating authority ; but Her Majesty's Government do not see any advantage in carrying beyond the limits of necessity the employment and application of the arbjtraliiig (lovvui , aSiii l\a- American Draft appears fio to carry it. That Dri**^ provides, that if the joint Cunmiissiun to be .ppointed by the two Governments shall not he able to agree as to the whole Boundary, then the determinaUon of the vshole of the Boundary is to be referred to the Commission of Arbitration, who are to decide the entire line from the monument at the head of the St. Croix to the point where the 45th degree of north latitude strikes the St. Lawrence. It may happen that this arbitrating Commission may be obliged to decide and determine the whole of that line, but it seems needless to assume that this will be the case ; and it appears to Her Majesty's Government better that the Commission of Survey should decide finally all points on which they may agree, and that it should only be their points of difference that the Arbitrating Commis- sion should be called upon to determine. The American Draft proposes that each Government should make out a statement to be laid before the Commission of Arbitration. Her Majesty's Government are of opinion that it will be much better that the documents to be laid before that Commission should be the Reports of the Commission of Survey, together with any observations which each Government may think fit to make thereupon. The American Draft proposes that the Commission of Arbitration should be empowered to appoint surveyors to make surveys, and that the two Govern- ments should bind themselves to adopt as conclusive the reports of these irresponsil)le surveyors ; but such a proposal appears to Her Majesty's Govern- ment to be wholly inadmissible, and instead thereof, the Draft now sent, proposes, that any topographical information wanted by the Commission of Arbitration should be obtained through the two Governments from the Commis- sion of Survey. The other minor modifications of the American proposal will speak for themselves, and you will have no difficulty in explaining the reasons on which they are founded. I must, however, particularly notice two or three passages in the American Coiinter-Draft which have been left out in the accompanying Draft, and which are wholly inadmissible. The first is in that part of the American Preamble, in which, by what appears to be merely a topographical description, the Contracting Parties would affirm, that the line claimed by the United States does correspond with the words of the Treaty of 1783, and that the line claimed by Great Britain does not do io. It is scarcely to be supposed that the President could have expected that this passage could have been agreed to by the British Government. The second passage is in the 10th article of the American Draft, by which it is proposed that MitciitH's Map sliould be acknowledged as a document bearing upon the (piestion to be decided. But Mitcliell's Map is well known to be full of the grossest gcognipliical inaccuracies, and to be remarkable for extraordinary errors in the latitude and longitude of places; and as that map is not mentioned, or in any degree referred to by the Treaty of 1 783, and as that Treaty is the authority now to be expounded. Her Majesty's Government cannot possibly consent to give any .alue whatever to a map which is entitled to no weight, either from diplomatic or scientific considerations. The third passage is in Article XIV. of the American Counter-Draft, which seems to imply, that agents of the two Governnients should accompany the Com mission of Survey, for the purpose, as it is said, of giving expbnations on behalf of the respective parties. To such a proposal, Her Majesty's Government cannot possibly consent ; no such agents are necessary ; no such explanations are wanted. 'J'he face of the country, and the words of the Treaty, are the things to be explained, and the Commissioners are tliere to explain them. The proposed agents would only maintain a perpetual squabbie, and convert the encampments of the Commission- ers into a scene of incessuut contest. Her Majest; ., Government must therefore insist that no agents, either from tiie British Government, or the British Colonial Authorities, or from the United States' Government, or from any of the States of the Union, be permitted to accompany the Commission of Survey. For your further information and guidance, I send you a copy of the American Counter-Draft, with some marginal notes, which will put you in pos- session of the opinion of Her Majesty's Government, upon the points to which those notes refer. In the Draft now sent, it is proposed that the Commission of Survey should meet at Quebec, and begin it«i exploration at the head of the Connecticut. This would be the most natural, and, in many respects, the most convenient arrange- i UMSlC }' Kiel toe Colli Ut IliMVCTS' WOVM luM MlVfr 1 nS I OpSTStfOllff OR ntffnnHMn WRICn NW wnSuj^ MMI MKIMWP16 ^ M being the HignUntb of the Treaty, and m constituting a part of th» ] tttftweeta l&e t^s eoimtriw. ISer !lnjiett/» CS^vernnwiiC alfiM^, thwe&M, auct iflraorOnce to tnti ■I'lMignnent, nnf wouravtvy mwiufiigij comeil^ Iv gtw ik up. Tou WiV, it H to be boKd, have tfce Ibm J H Ite uhy hi ■ ■wHaiuif it, l ira l M i tin Dtttft itipMlatee that the Cminnhrioii shall b« bonntf to mr*<|T "f ^"^^"^ W^ of the dispaterf Tinritory wftich two CdnmisaMncr* an eithtr aMr muf mA m- Hat \ ana, therefore, the question merely ia, wliiefa part of tha lawiUi f y thcC!oai» nriaanmen ribll begin at, m no part i* t» be cwhiiM from tkair SBhn^uent examination. I aaik Ac., (SigMii> PAuanaaPom lodoewe I in No. a Dni/I of OmwRiMm kftcms Qrmf Britmn md tk« UmUd atatm,t» a$e0iam mud. dsJBiTWWi the NortkrSatten, Bemdar^ PREAMBLE. WHEREAS that portion of the Boundary between the British Doorinieno in North America and the United Sutes of Avnerica, desoribed in the Treaty of I^ace signed at Paris on the 3rd September, 1783, aa formed by a "line dnwn due north from the source of the St. Croix River to the Highhusdc ; along the said Highlands which divide those riven that empty themselvea iut» the River St. Lawrence from those which fiiH into the Athmtie Ocean, to the north-wcktemmost head of Connecticnt River; thence down along the middle of that river, to the 45th degree of north latitnde ; fem thenee by a Hm due west on said latitude until it strikes the River Iroquoia or Cateraguay,'* ha» not yet been ascertained or determined ; and whereas the point designated iti the aforesaid Treaty, as the north-west angle of Nova Seotia, and whieb is to be formed by the intersection of the due north fine from the head of the St. Croix, with the said Highlands, has therefore not been ascertained and defined ; and whereas, by the supuiations of a Convention between Great Britain and the United States of America, signed at London on the 29th of September, 1827, the points of difference which had arisen out of the proceedings of the Board of Commissioners to whom the designation and demarcation of the aaid portion of boundary was intrusted under the Vth Article of the Treaty signed at Ghent, on the 24th December, 1814, were referred to the arbitration of the King of tha Netherlands ; and whereas, the decisions and opinions given by His Nether- lands Majesty thereupon, as laid down in His said Majesty's Award, signed at the Hwue, on the 10th January, 1831, failed to adjust the said points of difference ; and whereas, Her Majesty the Queen of the United Kingdom of Great Britaia and Ireland, and the President of the United States, have deemed it expedient to appoint a new Commission of Exploration and Survey, for the purpose of laying down the said Boundary, in conformity with the stipulations of the i^wesaid Treaty of 1783, and have moreover agreed upon certain arrangements to provida for an equitable and final decision of all points upon which the British and Ame- rican members of such Commission may not be able to agree ; and whereoa. Her Britannic Majesty, and the President of the United States, havo with this view resolved to conclude a Convention for regulating the proceedings of tho said Ccjb- mission, they have therefore named as their Plenipotentiariea lor thia purpose, that is to say: — Her Majesty the Queen of the United Kingdom of Great Brstain and Ire- land, ttc., ftc, &c. . . J • And the President of the United States of America, by and with the adviea aiui cuiiseiit oi Uie beuitie liieicui, SlC, HC, SC. Who, after having communicated to each other their resneetive Full Powers, found to be in doe form, have agreed upon and concluded the Ibllewiag Arftdcs:— • \ ARIICUI*. Within ' moadis after die exslwage of tin ntifiatioiit of tke premit ConTention, the two High Contracting Parties shall appoint a Commiaiiw to he comyoMd in the fonowing manner : three CoraminiMHira shaQ be named hy Her Britannic Maeitj, and three by the Presidest of the United State* of Anfriea, bjr and rith ttie advice and oonaent of the Senate thereof; and thete mx Cooh- niuionen 80 appointed, ahall hkve power to appoint a aeoretarjr, and uich other ■iniitanta as they shall judge neceasaiy to enahlie them to execute efficiently die fluties of their commission. ARTICLE nt. The said Commissioners shall meet in the first iostaace at the town of {Quebec], and shall have power to adjourn their meetings to such other place or ^aces as they shall think fit ; but before they enter upon the duties of their offices, they shall each, in the presence of all the others, make oath or affirmation, before the principal magistrate residing or acting at the said town of rQvefaecl, that they will impartially examine, and decide, according to the best otthdr skiU and judgment, all points relating to their duties as Commissioners ; and having done this, ihey shall then forthwith enter lyon the dischaij{e of their duties as hereinafter defined. ARTICLE m. The Commissioners so appointed shall proceed, in the first place, to the sources of the Connecticut River, and shall fix and determine that source which is described in the Treaty of 1783 as the north-westernmost head of the said river, ascertaining the latitude and longitude of the same. From thence the Commissioners shall proceed along the Higtilands near the sources of theChaudiere and Penobscot, which divide those rivers that empty themselves into the River St. Lawrence, from those which fall into the Atlantic Ocean, marking out along those Highlands that portion of the Boundary between the United States and the British possessions which was agreed to by the joint Commission appointed by the British and American Governments under the Treaty vf Ghent. The Commissioners shall then continue to explore the said Highlands east- ward, as far as the meridian of the head of the St. Croix ; and from thence they shall descend, in a southerly direction, to the monument at the head of that river. The Commissioners having thus nude a general survey of the country along which the line of boundary is to run, shall proceed to lay that Boundary down accurately on the surface of the earth, and to mark it by monuments or other landmarks. For this purpose they shall first proceed to hy down a due north line from the monument at the head of the St. Croix, and shall trace that line accurately in a due north direction until it meets the aforesaid Highlands, which they will have traced from the head of the Connecticut River. From the point where the said due north line, astronomically drawn from the head of the St. Croix, shall be found to meet the said Highlands, (which point shall be deemed and taken to be the north-west angle of Nova Scotia, and the latitude and longitude whereof they shall ascertain.) the Commissioners shall proceed to lay down the Boundary along the said Highlands to the north-western- most head of the Connecticut River, running the line, in conformity with the general usage which prevails as to boundary lines in North America, in as straight a direction from point to point as the nature and features of the country will allow. From thence the Commissioners shall mark the Boundary in such manner as may be practicable, down the niiddle of the bed of the Connecticut River, to iltc -l^th f srslicl sf north latitude, ^hich psrsllci they shaii ascertain by tSkS most '^ As in Article I. of Hie Britid) Drift, and fai the American Connte .Draft, t At IB Article II. «f Btitiili Draft, and in (he AMcricM 0««ater-OnO . % accunte obaemitipni they may be able to make, and from the point where the ConnecUeut River intenecti the (aid parallel, the CommiiMonen ahall proceed to lay down, and mark out, that line, westward, along the aid pand'el, until It strike* the River St. Lawrence, called in the Treaty of 1783, the Tni^oit or Cataraguay. 'iM Commiiiionen shall make a Report of their proeeedings, and shaH pre- pare a Map of the Boundary Line, or of auch parts thereof which they mav na¥e agreed upon ; such Report and Map shall be prepared iu duplicate, and ndl be Xed and sealed by the Commissioners ; and one copy of the said Report and ,1 shall be transmitted to the British Government, and the other copy to the Government of the United States. ARTICLE IV. Tt shall be the duty of the Commissioners to explore and survey all siich other parts of the Disputed Territory, besides those mentioned in the preceding Article, which any two of the Commissioners on either side may think it would be useful to examme, in order the better to ascertain the true Boundary intended by the Treaty of 1783 ; and it is understood between the Contracting Parties, that the Disputed Territory is comprised within a space, bounded on the east by • line, drawn due north from the source of the River St. Croix, as marked by the monument described in the preamble of the present Convention, and on the south, the west, and the north, by the two lines of boundarr extending to the westward of the said due north line, and which were claimea, on behalf of the two High Contracting Parties, respectively, by their Commissioners, appointed • under the Vth Article of the Treaty of Ghent. ARTICLE V. Whenever two of the three British Commissioners, and two of the three Americm Commissioners, shnli agree upon any point or matter, the unanimous opinion and decision of those four shall be deemed and taken to be the opinion and decision of the Commission ; and such opinion and decision shall be recorded, and shall be signed by the four concurring Commissioners, and shall be reported by them to the two Governments; and it is hereby aereed between the Contracting Parties, that every opinion and decision so recorded and reported by the Commission, shall be deemed final, and shall be held binding by both the High Contracting Parties. ARTICLE VI. Each of the High Contracting Parties shall be at liberty to lay before the Commission, for its information, copies of any official documents, or of any maps or surveys, which such Contracting Party may think calculated to throw light upon the matters which the Commission is appointed to investigate, or likely to aMi tt the Commission in the performance of its duties. But no such maps or surveys shall be deemed by the Commissioners to be other than fx parte state- ments, furnished in order to assist the Commission in its own investigations, unless such maps and surveys shall be acknowledged and signed by two (commis- sioners on eacn side, as authentic evidence of the facts npon which they may bear. Each of the High Contracting Parties will give to the other, copies of any documents, maps, or surveys, which such Contracting Party may so lay before the rommisstoii. ARTICLE VII. V*^ It it should happen that upon any points or matters wiilch may come under the consideration of the Commission within the scone of its duties, four of the Commissioners as aforesaid, that is to say, two on each side, should be unable to oooM tn m un!t0d (^inioB or dectiion, the Comminionen ihall draw up, either joiatlj or lepunitely, « Report o^ Bepor^. «t«ting and explaining in detail the Cista on which they diffisr, and the grounds upon which their reapective opinions re b«cB fbmed. ^ - iThese Rqiorts of the Commiraioners on both sides, shall h^ prepared in duplicate, and one original copy of each, t(^ther with conies of all docvnkents or mapa annexed thereto, ahall be transmitted by the British Commis lissioners to the British Government, and the other copy shall be transmitted by the Ameriesn Coramiasionera to the Government of the United States. ARTICLE VIII. If the two Goven.ments should not be able, upon a review of the sUtements of the Commissioners, to come to an underUnding upon the noints about which the Commiseioners shall have ao differed, such points shall, at the desire of either of the two Governments, be referred for decision to a Commission of ' Arbitration, consisting of three persons eminent fur their scientific attainments, and not being subjeoU of Great Briuin or citizens of the United States. ^ Her Britannie Mqesty and the President of the United States engage 10 choose three friendly Sovereigns or States, each of whom shall be invited by the High Contracting Parties, to name and appoint one of the aforesaid three Commissioners ; and in order to prevent uonecessary delay, the two Govern- mento shall at once proceed to Uke steps for eqUblishing this Cammission of rArintration. ARTICLE IX. As soon u the Members of the Commission of Ariiitration shall have been named and appointed, they shall meet at [Frankfort on the Maine]. They shall, in presence of each other, be sworn, impartially, and to the best of their jvdgment, to examine and decide according to the evidence laid before them, all matters which may be referred to them by the Governments of Great Britain and the United States jointly. They shall have power to adjourn from time to time, and from place to place ; and to appoint a Secretary and Clerks who shall not be subjects of Great Britain, or citisens of the United States. ARTICLE X. " The documents to be submitted to the Commission of Arbitration, by the Governments of Great Britain and of the United States, shall be the reports made to those Governments, by the Commissioners of Exploration and Survey, of the points about which those Commissioners have diilered, and of the points about which they have agreed, together with any observations which either Government may choose to make upon the statements and reports of the Commissioners of Exploration and Survey, on the matters about which those Commissioners may have differed ; and if the Commission of Arbitration should need any further topographical information, to enable them to decide any of the points so sub- mitted to them, they shaU apply to the two Governments, who shall thereupon direct the Commission of Exploration to supply them with such information, in order to Jts being transmitted by the said Governments to the Commission of Arbitration, ARTICLE XI. The decisions of a majority of ^^e Commission of Arbitration shall, upon being communicated to the two Governments^ signed and sealed by the Commis- aioners, be held by the British and American Uovemments to be iiuai aud biuaing as to the points which such decisions may determine. C ao ARTICLE XU. The Mkries of the nid Comminioncrs of EKpIoration and Surrey toilB appointed according to the preoeding Article I., siiall be defrayed by their reipective Govemnenti; bat all other expenae* attending the Comuiiuion ihul be defrayed in equal portiou by the two High Contracting Partiei. In case of the death, reiignatioa, abaeaoe, or disability from any cause, pf any Com'nissioner, the CrOTemment by which he was appointed shall name a successor with the least possible delay, and each new Cominisaioner shall be bound to take the same oath or affirmation, and to perform the same duties as hit, predecessor. ARTICLE Xm. The salaries and all expenses of the Commission oT Arbitration to be appointed according to the preceding Article VITI., shall be defrayed in equal portions by the Governments of Great Britain and of the United States, open accounts to be Hindered periodically to each Government by the said Coamission. ARTICLE XIV. The present Convention shall be ratified, and the ratifications shall be exchanged in London within a period of [six weeks.] In witness whereof, the respective Plenipotentiaries have signed the same, and have afRxed thereto the seals of their arms. Done at Washiogtoa, the d^y of - in the year of our Lord, one thoosand eight hundred and forty. Indosure 2 in N«. S. North-Etutem Boundary. American Counter-Project. PREAMBLE. WHEREAS neither that part of the Boundary between the United States and the British dominions in North America, which is on the Highlands lying due north of the source of the River St. Croix, and designated in the Treaty of Peace between the two Powers, signed at Paris, on the 3rd of September, 1783, as the north-west angle of Nova Scotia ; nor that portion of said Boundary described in said Treaty, as commencing at the said north-west angle of Nova Scotia, viz., ihat angle which is formed by a line drawn due north from the source of the St. Croix River to the Highlands, along the said Highlands whidi divide those rivers that empty themselves into the River St. Lawrence, frmn m which fall into the Atlantic Ocean, to the north-westernmoit head of Connec- ticut River; thence down along the middle of that river, to the 45° of north latitude; from thence by a line due west on Mid latitude, till it strikes the Iroquois or Cataraguay ; nor that other portion of the said Boundary which extends from the source of the River St. Croix, directly north to the ahove- mentioned north-west angle of Nova Scotia, have yet been ascertained or determined; rnd whereas, adverse claims founded upon conflicting con- struclions of the said Treaty of 1 783, have been set up by the respective, parties; the United States claiming as the position of the said north- west angle of Nova £:otia, a point due north of the River St. Croix, on the Highlands lying north of the River St. John, and which divide those rivers that empty themselves into the River St. Lawrence from those which fall into the Atlantic Ocean, and Great Britain, claiming as the position of said north- west angle of Nova Scotia, a point on a Highland called Mars Hill, lying south of the River St. John, and dividing those waters which empty themselves into the said River St. John, from those which fall into the Atlantic Ocean ; and whereas, the President of the United States of America, and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, have deemed it expedient to attempt a settlement of said Boundary in confor- mity with the stipulations of the afore- said Treaty of 1783, by the appoint- ment of a new Commission of Explora- tion and Survey, upon principles agreed upon between their respective Govern- ments, with provisions for the final adjustment of the controversy, if the said Commission should unfortunately prove ineffectual; and with that view to conclude a Convention, they have named as their Plenipotentiaries for this purpose, that is to say, the Pre- sident of the United States, &c., &c., and Her M^ty the Queen of the United Kingdom of Great Britaia,aDd Lteiand, &c., &c. AVho, after having communicated to each other their respective full powers, found to be in due form, have agreed upon and. concluded, the following ATtM>U»r Then is no war m recording farmer difereneee and conjlieting clainu in a Convention tohich ie intmded te put em end to the former and reconcile the latter. ITiis would be to admit, in the very outset of the GotmenHon, the whole of the American claim. Uiie tDOuld be, nrtuallif and by infer- ence, to negative the British claim. tf^e wantt now to do more than merefy to attempt a sttiltmmt. C2 n IS ARTICLE I. Within months after the exchange of the ratifications of the present Convention, the two High Con- tracting Parties shall appoint a Com- mission, to be composed in the follow- ing manner: — Three Commissioners shall be named by the President of the United States of America, and three by Her Britannic Miyesty ; and these six Commissioners, so appointed, shall have power to ap- point a u'cretary, and such other anist- ants as they shall judge necessary, to enable them to execute efficiently the duties of their Commission. i tktd* ARTICLE II. (Unchanged.) i I ARTICLE III. With a view to ascertain and de- termine the point designated in the Treaty of 1783 as the north-west angle of Nova Scotia, the Commissioners so appointed shall proceed, in the first instance, to explore and mark out that portion of the Boundary which, under the Treaty of 1 783, is to be formed by a line drawn due north from the source of St. Croix lliver to the Highlands which divide those rivers that empty themselves into the River St. Law- rence, from those which fall into the Atlantic Ocean. In running said line, they shall commence at the point designated by the munument erected by the Commis- sioners of the High Contracting Parties under the Treaty of 1 794, as the true source of the St. Croix River. ARTICLE IV. If two out of the three Commission- ers on each side shall concur in tracing, on the srounds a line whicli> in their united opinion, corresponds with the description contained in the Treaty of 1783, of that portion of the Boundary tt is very derirable that the Commit' sioners should begin at the other end, where a portion of the Highland Boun- dary has already been agreed to by both Parties ; and as the Commissioners must first make a general survey of the country, before they actuality lay down land-marks, it seems a good economy of time to make them survey from west to east, and then land-mark back agaia • from east to west. ^ It would be very desirable to reverse the decision of 1 794, and to get back to the western head of the St. Croit, which is the real source of the river ; but that cannot now be done, consistently with past transactions and with national good faith. This principle of constituting four out nf thu »i.v a tirri/tinn m/iinrilv. in aaad. -.' — — ~ J .....^ -. -.^, , .- j....y and has been adopted. The rest of this Article it tutceptUile of in^provement. ,,.r u r between the United Sutetind the British dominions in America which if referred to in the third Article of thii Conven- tion, they shall draw up a report to that effect in duplicate, to which report eaeh Commiuioner shall affix his sig- nature and seal in the presence of nil the others ; and one original of such report shall be forwarded by the United States' CommisMJoners to the Govern- ment of the United States, and the other original shall he forwarded by the Britisn Commissioners to the Go- vernment of Her Britannic Mtgesty. The two High Contracting Parties formally agree to consider the report of the Commissioners so authenticated, as final upon this point, and as binding upon both Parties. ARTICLE V. It being the object, as it is the earn- est desire, of the High Contracting Parties, to effect a just and amicable settlement of the line of Boundary in Juestion by the direct action of the oint Commission hereby established, or if that shall prove impracticable, to obtain authentic evidence of all material facts thw*; are connected therewith, for the beUer guidanco of the future action of thfl High Contracting Parties upon the subject, it is agreed between them as follows: — Ist. That it shall be the further duty of the said Commissioners to explore, and when it is desired, to survey, such parts of the Disputed Territory other than the line due north from the monument aforesaid, and also of the contiguous territory, as they, or the Commissioners of either party, shall deem useful in ascertaining the true boundaries of that Treaty, and to note carefully the face of the country, the position and bearing of important relative objects, and ail such other facts and circumstanceSj as they, or either of them, may deem important to a correct decision of the points in dispute. 2ndly. To collect, as far as they may be able to obtain the same, and carefully authenticate all such maps and surveys of the disputed and con- tiguous territory, and all official docu- ments having relation to the premises, as will, in the opinion of the Commission- ers, or of any two on eithor side, serve to elucidate th" ♦rue intent and mean- ing of the pai J the Treaty of 1 783, upon the points m question; and to this There does not seem to be any use in authorizing the American Commissioners to explore and survey the territory of New Brunswick, This, as worded, would enable the American Commissioners to place with an authentic character, upon the records of the ' !nwinli moinn thi, «*>«*A««Atf* >n/iai» fabricated by American surveyors. ik ii •nd the High Contracting Partie* agree to fumiih each other with authentic copies of all maps and surveys of the disputed and contiguous territories, Mid also with like copies of all official documents connected with the nego- tiation of the said Treaty, which are to be found in the public archives of the respective Governments, and which two of the said CommisKioiierA on either side shall believe to have a bearing upon the subject under discussion ; and Srdljr. That in case of a final dis- agreement amongst the CommiMioners, in respect to the true location of that portion of the Boundary between the United Statesand the British possessions in America, it shall be their further duty to draw up a full report of their proceedings, under this Treaty, and to include therein a specific statement of the facts and circumstances which it is by this Article made their special duty to note, and in respect to which, two out of three of the Cumroissiuners on each side, have found themselves able to concur in opinion. The said report shall be drawn up in diiplicate, and signed and sealed by the Commissioners agreeing to the same in the presence of all the others ; and one original of said report shall be forwarded by the British Commissioners to the Government of Her Britannic Majesty, and the other original shall be forwarded by the American Com- missioners to the Govemiuent of the United Stales. The two High Contracting Parties formally agree to consider the report of the Commissioners, so authenticated, as conclusive, in regard to the facts therein stated, in all future discussixma up)n the subject. ARTICLE VI. As soon as the Commissioners shall have transmitted to their respective GoyeramentB the report prescribed by the Fourth Article, mej shall at once nrarfed' tO fnark out and rnalke a man. of such liira a> tfaer shdi have agmw. to consider as fulfilling the conditions of the Treaty of 1783, agreeably to thi r Thia M (00 aofwo. JU ttmit mtMmbf wordf. Then ought to be no fitturt (HtauBtona about pointg which the Commu»um shaU httM decided ; and on pointa tAout which they oannot agree, the statement of facte by the Commueionere on the two stdet may diffjr, and, in euch eaeea, the re- |>ort» eamtot be eonelueive ae to facte. nich report m they shall have trani- initte of a »oiiiid ami juiit dtv- ciiion, thuv hIibII hii\e the power of ordering; additioiinl nurvcyi to be made of any portionit of the Uinpiited Houn- dtry Line or Territory m they may think fit, which siurvoyii ihall be made ut the joint expense of the (Jontracting Paitien, and Jie held iw conchisivi- by th«ni. /< would bf very ohhclmmUe to em- power thin irrespontihU Commution to make eurvi^i by nttveyori of thrir own. No reliance cou/d he placed on the aceu- ''"'y of *ucA »urveyori, and yel Ike ('ommMonitre might be led to ijive muir weight to the faulty reports and map» ma-ie by thrir survey ore, thm to the correct onen made by the Surveyors of the Jimt Communnon. It would, moreover, be abaolutely impombte that the Britieh Government should coiment to hold tuch surveys an conclusive. ARTICLE XIV. To provide coinpentation for the Commissioiicn who mav be appointed under the provisioni of the Eleventh Article, the expeniei of the CommiuioN, and the compeniation of an Agent on •aoh side to make explanationi in be- half of the reipective parties. Inadtnissible. This would be an Agent from Maine. No Agents on either side ought to be permitted to attend the Com^ mission of Survey. This ought to be a sine quA non, or we shall have the en- campments of the Commission a constant field of battle. i ; 1 1 ' ARTICLE XV. As Article XI. of the British Pro- ject, No. 4. Viscount Palmerston to Mr. Fox, ^*'' Foreign Office, July 4, 1840. LIEUTENANT-COLONEL MUDGE and Mr. Featherstonhaugh, the tommisaioncrs appointed last year to explore and survey the territory in dispute between Great Britain and the United States of America, having been prevented by want of time and by the advanced period of the season from completing their examination and survey of a portion of the Boundary Line claimed by the United SUteu, and lying north of the St. John, and in the vicinity of the River St. Law- rence ; and Her Majesty's Government having determined that such examination *nd survey should now be completed. Lieutenant Broughton, of the Royal Engi- neers, and Mr. James D. Featherstonhaugh, hare been selected as joint surveyors lor this service. TliMA imntlj imoi\ uf :ii I J from Ijverpool for Halifax on the 4th instant } and I herewith transmit for your inlormation a copy of the Inatructiooa with which they have been furnished. Ycd will make known to tlie Gcvernment of the United Statng ;he object* and purposes for wbich tlicse surveyors are about to be sent. I am, &&, (Signed) PALMERSTON. No. 5. Mr. Four to Viscount Palmerston. — {Received July 16.) My Lord, If'ashington, June 28, 1840. I HAD the honour to receive on the 20th instant, yuur Lordshin's important despatch of the 3rd uf this month, inclosing ccpie!' of the Report ana Map which have been delivered to Her Miijesty's Government by the British Commissioners employed during tlie last season t(; survey the Disputed Territory, and conveying to me, for communication to the Government of the United Stutes, tlie views and intentions of Her Majesty's Government with reference to the last Amerrcan proposal for the adjustment of the Boundary Question. I have accordingly presented to the United States' Secretary of State the inclosed oiRrial note, dated tlie 22ud instant, framed in conformity with your Lordship's instructions; and \ have received from the Secretary of State, in reply, the satisfactory and amicable couiaiunication, dated the 26th instant, which is also herewith inclosed. These documents have not yet been laid Iwfore Congress, or officially pub- lished by the Uniteil States' Government ; neither consequently have the Report and Map of the Commissiontrs,,iwhith accompanied my note to Mr. Forsyth. I expect, However, that the whole will be eoininunicated by Message to Congress before its adjournment. The mode of arbitration, offered in the last American proposal, was to refer those points upon which (.lie British and American Surveyors should not agree, to the decision of scientific persons to be ap|ioiiited by three friendly Sovereigns or States. But I have reason to believe, as was stated by me in a former despatch, that the United Stales' Government are prepared to consent to a reference of such disputed points to the arbitration of friendly Sovereigns or States themselves, rather than of scientific persons by them appointed, if that course shall be more acceptable to Her iMajesty's Government. 1 would venture very urgently to recommond to vour Lordship that the mode of direct arbitration by Sovereigns should be preferred. It is true that the Sovereign arbiters would have to form their opinion upon the faith principslly of reports made to them by scientitie persons; but yet th« final judgment would be given by Governments and Statesmen, and not by mere Professors ; and this appears to me, fur many obvious reasons, to be a point of great Importance. I have, &c., (Signed) H. S. FOX. Inclosure 1 in No. 5. Mr. Fox io Mr. Forsyth. rf ashing ton, June 22, 1840. THE Undersigned, Her Britannic Majesty's Envoy Extraordinary and Minister I'lenipoteiitiary, has the honour to transmit to the Secretary of State of the Unitetl ^^tates, by order of his Goveriiiuent, the accompanying printcd Territory. the Undfrsifiiifd is iiisfructid to say, that it will, of course, have become the duty of Her Majtsty's (lovernment to lav the said report and map before I'arliament; but her Majesty s (lOvernment have been deviious, as a mark of courtesy auduonsideration towards the Government of the Ujijted States, that » <*ocmnettts bearing uporn a qnenion of so much interest and importance to the twc countries, should, in thn first instance, be communicated to the President. The documents had been officially placed in the hands of Her Majesty's Govern- ment, only a few days previously to the date of the instruction addressed to the Undersigned. Her Majesty's Government feel an unabated desire to bring the lontf-pending questions connected with the boundary between the United States and the British possessions in North America, to a final and satisfactory settlement, being well aware that questions of this nature, as long as they remain open between two countries, must be the source of frequent irritation on both sides, and are liable, at any moment, to lead to events that may endanger ^he existence of friendly relations. It is obvious that the questions at issue between Great Britain and the United States, must be beset with various and really existing difficulties ; or else those questions would not have remained open ever since the year 1 783, notwithstand- ing the frequent and earnest endeavours made by each Government to bring them to an adjustment. But Her Majesty's Government do not relinquish the hope, tlmt the sinc»'re desire which is felt by both parties to arrive at an amicable settle- ment, will at length be attended with success. The best clue to guide the two Governments in their future proceedings, may perhaps be obtained by an examination of the causes of past failure; and the most prominent amongst these causes has certainly been a want of correct information as to the topographical features and physical character of the district in dispute. "This want of adequate information may be traced as one of the difficulties •which embarrassed the Netherlands' Government in its endeavours to decide the points submitted to its arbitration in 1830. The same has been felt by the Government of England ; it has been felt and admitted by the Government of the United States, and even by the Local Government of the contiguous State of Maine. The British Government, and the Government of the United States, agreed, therefore, two years ago, that a survey of the disputed territory by a joint Com- mission would be the measure best calculated to elucidate and solve the questions nt issue. The President proposed such a Commission, and Her Majesty's Government consented to it ; and it was believed by Iler Majesty's Government that the general principles upon which the Commission was lo be guided in its local operations, had been settled by mutual agreement, arrived at by means of a correspondence which took place between the two Governments in 183/ and 1838. Her Majesty's Government accordiitgly transmitted, in April of last year, for the consideration of the President, the Draft of a Convention to regulate the pro- ceedinvfs of the proposed Commission. The preamble of that Draft recited textually the agreement that had been come to by means of Notes which had been exchanged between the two Governments ; and the articles of the Draft were framed, as Her Majesty's Government considered, in strict conformity with that agreement. But the Government of the United States did not think proper to assent to the Convention so proposed. The United States' Government did not indeed allege that the proposed Convention was at variance witii the result of the previous correspondence between the two Governments ; but it thought that the Convention would establish a Commission of "mere Kxploration and Survey;" and the President was of opinion that the step next to be taken by the two Governments should be to contract stipulations bearing upon the face of them the promise of a final settle- ment, under some form or other, am! within a reasonable time. The United States' Government accordingly transmitted to the Under- signed, for communication to Her Majesty's Government, in the p-jnth of July last, a Counter-Draft of Convention, varying considerably in so...^ parts, as the Secretary of State of the United States admittetl in his letter to the Undersigned, of the ^9th of July last, from the Draft proposed by Great Britain. I3ut the Si'cretary of State added, that the United States' Gavsmmsnt did not deem it necessary to comment upon the alterations so made, as the text itself of the Counter-Draft would be found sufficiently perspicuous. Her Majesty's Government might certainly well have expected that some reasons would have been given, to explain why the United States' Government D2 90 dMlined to confinm an arrangement which was foundeil upon prapoutiona made by that Government itielf, and upon modifications to which that Qovarnmant had agreed ; or th;tt, if the American Government thought the DraA of Convention thus proposed was not in conformity with the previous agree- ment, it would have pointed out in what respect the two were considered to dinnr. Her Majesty's Gavcrnmcnt, considering the present state of the Boundary Question, concur with the Government of the United States in thinking, that it is on every account expedient that the next measure to be adopted by the two Groveraments should contain arrangements which will necessarily lead to a final settlement; and they think that the Convention which they proposed last year to the President, instead oP being framed so na to constitute a mere Commission- of Exploration and Survey, did, on the contrary, contain stipulations calcu- lated to lend to the final ascertainment of the Boundary between the two countries. There was, however, undoubtedly, one essential difference between the British DnCi and the American Countcr-Draft. The British Draft contained nc provision embodying the principle of arbitration ; the American CoMnter-Draft did contain such a provision. The British Draft r(>ntained no provision for arbitration, because the prin- ciple of arbitration had not been proposed on either side during the ncgotiatiooa upon which that Draft was founded ; and because, moreover, it was understood at that time that the principle of arbitration would be decidedly objected to by the United States. But as the United States'Government have now expressed a wish to embody the principle of arbitration in the proposed Convention, Her Majesty's Govern- ment are perfectly willing to accede to that wish. The Undersigned is accordingly instructed to state officially to Mr. For- syth, that Her Majesty's Govenmcnt consent to the two principles which formed the main foundation of the American Counter-Draft ; namely, — first that the Commission to be appointed shall be so constituted as necessarily to lead to a final settlement of tne questions of Boundary at issue between the two countries; and, secondly, that in order to secure such a result, the Convention, by which the Commission is to be created, shall contain a provision for arbitration upon points as to which the British and American Commissioners may not be able to agree. The Undersigned is, however, instructed to add, that there arc many matters of detail in the American Counter-Draft which Her Majesty's Government can- not adopt. The Undersigned will be furnished from his Government, by an early opportunity, witli an amended Draft, in conformity with the principles above stated, to be submitted to the consideration of the President. And the Undersigned expects to be at the same time furnished with instructions to pro- pose to the Government of the United States a fresh local and temporary Con- vention, for the better prevention of incidental border collisions within the dis- puted territory during the time that may be occupied in carrying through the operations of survey or arbitration. The Undersigned avails. Sec. , (Signed) H. S. FOX. Inclosure 2 in No. 5. Mr. Forsyth to Mr. Fox. Washington, June 26, 1840. THE Undersigned, Secretary of State of the United States, has had the honour to receive a note addressed to him on the 2'2nd instant, by Mr. Fox, Envoy Extraordinary and Minister Plenipotentiary of Great Britain, inclosing printed cspic:: of the Report and Map laid scfGrc the British GoTcrunicnt by the Coromissionors employed during the last season to survey the territory in dispute between the two countries, and communicating the consent of Her Britannic Majesty's Government to the two principles which form the main n ftrandation of the counter-propoiition of the United States for the adjustment pf dMoueition. The Undersigned having laid Mr. Fox's note before the President, ir hMtnicted to say, in answer, that the President duly appreciates the motives of courtesy which prompted the British Government to communicate to that nf the United States the documents referred to ; and that he derives great satisfaction from the announcement that Her Majesty's Government do not relinquish the hope that the sincere desire which is felt by both parties to arrive at an an'cable settlement will at lenfi^h be attended with success; and from the prospect held out' by Mr. Fox of his being accordingly furnished by an early opportunity with the draft of a proposition^ amended in conformity with the principles to which Her Majesty's Government has acceded, to be submitted to the consideration of this Government. Mr. Fox states that his Government might have expected that, when the American Counter-Draft was communicated to him, some reasons would have been given to explain why the United States Government declined accepting the British Draft of Convention, or that, if it thought the Draft was not in confer- mity with the previous agreement, it would have pointed out in what respect the two were considered to difler. In the note which the Undersigned addressed to Mr. Fox on the 29th of July of last year, transmitting the American Counter-Draft, he states that, in consequence of the then recent events on the frontier, and the danger of colli- sion between the citizens and subjects of the two Governments, a mere Com- mission of Exploration and Survey would be inadequate to the exigencies of the occasion, and fall behind the just expectations of the people of both countries, and referred to the importance of having the measure next adopted bear upon its face stipulations which must result in a final settlement under some form, and in a reasonable time. These were the reasons which induced the President to introduce in the new project the provisions which he thought calculated for the attainment of so desirable an object, and which, in his opinion, rendered obvi- ously unnecessary any allusion to the previous agreements referred to by Mr. Fox. The President is gratified to find that a concurrence in those views has brought the minds of Her Majesty's Government to a similar conclusion ; and from this fresh indication of harmony in the wishes of the two Cabinets, he permits himself to anticipate the most satisfactory result from the measurea under consideration. The Undersiened avails, &c. (Signed) JOHN FORSYTH.. No. 6. Mr. Fm to Viscount Palmerston. — {Received July 28.) My Lord, Washington, July 5, 1840.. I HAVE the honour herewith to inclose a printed copy of a message from the President to Congress, transmitting the last correspondence upon the Boundary Negotiation between the United States' Secretary of State and myself, and which correspondence was forwarded to your Lordship in my despatch, of the 28th ultimo. Although the President's message is dated the 27th of June, it was not transmitted to Congress until the Monday following, the 29th of the month, the next day after the date of my despatch of the 28th ultimo. The message expresses, in satisfactory terms, the hope and expectation entertained by the President, of an amicable settlement of the Boundary Question ; and it calls for the assistance of Congress, to enable the President to effect a new preparatory survey, by American Commissioners, of thoje parts of the disputed territory which are esjiecially treated of in the report of the British Commissioners, Colonel Mudge and Mr. Featherstonhaugh. If Congress assept to this proposal, I presume that the preparatory snfTcy, by ii.Tnrr:r.».r'. ^iim^ missioners, will be made, or at least, that it will be commenced, durmg the present season. r • u- I have been surprised to find, that although the President refer* m his mtmift to the contents of tlie Report of the British Commissioneri, (two copiM of which Repart, as well as of the Map, accompanied my note to the UnitaA Stat(»' Secretary of Sute of the 22nd ultimo,) yet neither the Report itwif nor the Map have been officially communicated to Congress. It appears, from lUte- mente naade by Mr. Buchanan, Chbirman of the Committee o< Foreign Affairs of the Senate, during two short dircuswions which have taken place in the Senate subsequently to the transroinaion of the meMuge, namely, on the 1st and 3rd of this month, (reporU of which discusiiions are herewith inclosed,) that one copr rf the Report and one copy of the Map have been communicated by the Presi- dent, in a confidential form, to the Committee of Foreign Affairs, but not publicly to Congress, Mr. Ruggles, the opposition Senator from Maine, has moved for the official production of the Report ; his motion will be discussed in the Senate to-inorrow ; it seems probable that it will be resisted by Mr. Buchanan and the administration party. Under these circumstances, 1 have not yet thought myself authorised to distribute among the members of Congress the copies of the Coir missioiiers' Report and Map which were furnished to me for that purpose by your Lordship. Objections would be raised, perhaps technically just, against mv doing so ; and, moreover, it would not be prudent that I should run any risk of appearing to solicit readers for the British Report amongst the members of Congress. A desire apparently prevails with ihe United Slates Government to conceal the Report ; the effect will be. to cause it to be sought after and read with great avidity when it arrives in print in the English newspapers, which I presume will happen by the next steaui-packet. I have, ice., H. S. F03L Inclosure 1 in No. 0. President's Message to Congress. NORTH-EASTERN BOUNDARY. 71» the Senate .— The imnortance of the subject to the tranquillity of our country makes it proper that 1 should communicate to the Senate, in addition to the information heretofore transmitted in reply to their resolution of the 1 7th of January last. the copy of a letter just received from Mr. Fox, announcing the determination of the British Government to consent to the principles of our la.t prdpositiori for the seltlement of the question of the Nnith-Eastern Boundary, with a copy of the answer made to it by the Secretary of State. I cannot doubt that, with the sincere disposition which actuates both Governments to prevent any other than an amicable termination of the eoniroversy, it will be found practicable so to arrange the details of a Conventional agreement on the principles alluded to as to enect that object. The British Commissioners, in their report communicated to Mr. Fox «xpress an opinion, that the true line of the Treaty ofl783 is materially different from that so long contended for by Great Britain. The report is altORether eg parje in Its character, and has not yet. as lar as we are inforiiiedi been adopted by the British Government. It has, however, assumed a form sufficiently authentic ami important to justify the belief, that it is to be used hereafter by the British Government in the discussion of the question of Boundary; and, as It differs essentially from the line claimed by the United States, an immediate preparatory exploration and survey on our part, by Commi^8ioners appointed for that purpose, of the portions of the territory therein more particularly brought into view would, lu ray opinion, be proper. If Congi-ess concur with me m this TTMW of the subject, a provision by them to enable the Executive to carry U into «tnct will be necessary. »-«*»,,». J^ 17, 1840. "• """* ^U""*- ,ii Inclotun 2 ia No. 8. Diteuition in the Senate on the Boundary Negotiationtt NORTHvEAOTERN BOUNDAITY; THE resolution offered by Mr. Rugglei, calling on the Preiident of tlie tFnited Statei, if not inconsistent with the public interest, for a copy of the report and map presented to the British Government by their Commissioners foB larveying the disputed territory, coming up in its order: — Mr. Bttchanan, as he must be absent from the Senate this morning, asked •• an act of courtesy, that the Senator from Maine would let the resolution lie over till Monday. He proceeded to remark, that this wag a subject of great delicacy; that but one copy of the report and map had been sent to this country, and that in a confidential manner, and as a mere act of courtesy, as the report had not yet been acted upon by the British Government ; that to his certain knowledge, important information had been often withheld from this Government, from the apprehension that it would be made public. Under these circumstances, although the report was really no secret, Mr. B. thought it not proper to publish it. But, for the present, he wished merely that the resolution should lie over till Monday. Mr. Ruggles said, it was not on his own account particularly that he had submitted the call for this map and report. But the President of the United States had warmly recommended a survey of the disputed territory on the part of the United States. That recommendation was ostensibly founded on- the report and map in question ; and Mr. Ruggles thought it due to the Senate that they should themselves see the ground on which they were called upon to act in relation to this subject. Mr. Allen said there was a manifest impropriety in adopting this resolution, especially as the action of the Senate, even ao far, on this map and itjport, would five them a sort of sanction which ought not to be given them, while it was nown that they had not been accepted by the British Government, and m intimation had been given that they would be adhered to. Mr. Alleiu therefore, moved to lay the resolution finally on the table ; but on its being observed that Mr. Buchanan had M\ the Senate, and might wish to say something further on the subject on Monday, Mr. Allen withdrew hit resolution, and the resolution, was laid over till Monday. i ' No. f. Viwount' Palmergtbn to Mr. Fax. Sir, Foreign Office, August 19, 1840. IN my despatch* of the 3rd of June last, I stated to you how desirable it seemed to be, that no time should be lost in endeavouring to settle with the Government of the United States, some temporary arrangement which should eflectually prevent local collisions within the Disputed Territory, during the period which might yet elapse before the question of Boundary should be finally determined; and I instructed you to call the attention of the President to the inconveniences which were likely to result from the present state of things in that quarter, and to say that it was the opinion of Her Majesty's Government, that the best way of preventing the friendly relations between the United States and Great Britain from being interrupted by the indiscreet acts of local autho- rities, would be to place these matters in the hands of the two Governments ; and that, for this purpose, Hfer Majesty's Government would propose that an agreement, to be recorded by a Protocol, or by an exchange of Notes, should I I be come to between you, on the part of Her MsJMty'. Government and Mr Forsyth, on the ,«rt of the Government of the tnited State,. p„r«rS £.1 K ^'"""'''""'T »^°"W> •ppointed. one by each GovernmenV; wl.5 .hould have charge of ma.nUin.ng oni^r in the Disputed Territo.7. during the finaTly settleT" ""* '"" ^^""^ '^^ '^""""" "*" *^°"»«l"y "'""''d b^ nwJl/?nI' P°i?"? u°"* t^" ""I"* '"^''^^ ' considered best adapted to carry this object mto effect by the employment, under the directions of the aLve- sist of an equal number of British subjects and of American citizens. With reference to that instruction, I now transmit to you a copy of a gZT^Tuy ?Z^'^?''1^' ''"'•^'' '^' 27th of June I«st. fri the Gov™! DerrrL/n. ■"? ^?-"* ^'""■""i '*' ''"^ S'^^^etary of Slate for the Colonial Department, stating his views with respect to the negotiation of a provisional agreerncn respecting the exercise of jurisdiction in the Disputed Territory, pending tlie settlement of the general question. ' It appears from this despatch, that Mr. Tliomson is of opinion, and his reasoning thereupon seeins conclusive, that it would be much be tor that S^ h i »••'»"* ""d United States' Govemmentsr tiian that the /uties should be done by civil posse on either side. UniJrffc ?"*"J"''""J' to instruct you to negotiate upon this mattor with the dCtch °°"*"""«"' "» accordance with the view, stated in Mr. Thomson's I am, 6tc., (Signed) PALMERSTON. No. 8. Mr. Ftut to VitcoutU Palmerston.— {Received September 1 .) ^^ Yha VP UA.I. u Washington, July 30. 1840. rhU^nSr • *• ""r *° "'''*"? y""" Lo'-d«bip's despatch of the 4th of this month, acquainting me. for communication to the Government of the UnLd Sute..th.t Lleutenant-Colon.! Mudge and Mr. FeatherstXugh. the Common |noner. appointed last year to explor* and survey the Disputed f e r torv h"vTie h«en prevented by want of time, and by the advanced period of the ea^'„ fro'S' cSH'^ 5«r examination and survey of a portion of the BounS; S claimed by the United States, lying north of tile River St. John and In ho Ticinity of the River St. Lawrence; and that Her Majesty's Government hav n« determined that such examination and survey should now hllnmli ! / Lieutenant Broughton. of the Royal Engineers. ZdmlZ^rSlZt haugh, have been selected as joint surveyors for that service ^»"'e"ton I have the honour herewith to inclose the copy of a letter wlnVli I h»v- I have, &c., (Signed) H. S. FOX- Inclosure in No. 8. Mr. Fox to Mr. Fortyth. £•■ ir. |P<»Jb.'».« ♦I.. Jnfi!;™:- •**?" ;?"!f»«d »»y «««• Majesty-* Government to acquaint you for the .nformauon of the Government of the United State., that LieutenantSonel 26 Mudge tnd Mr. G. W. Feathentonhaugh, the CommiHionen appointed laat C!ar to explore and turrey the territory in dispute between Great Britain and the nited States, having been prevented by want of time and by the advanced period of the leaion, from then completing their examination and survey of a certain EjrtJon of the Boundary line claimed by the United States lying north of the iver St. John and in Ine vicinity of the River St. Lawrence ; and Her Majesty's Government having determined that such examination and survey shall now he completed, Lieutenant Broughton of the Royal Engineers, and Mr. James D. Featherstonhaugh, have been selected as joint surveyors for that service. These gentlemen have arrived from England at Halifax, on board the steam-ship " BriUnnia ;" and they will immediately proceed to execute the objects of their Commission. I avail myself, &c. (Signed) H. S. FOX. No. 9. Mr. Fox to Viscomt Palmerston. — {Received September 1.) My Lord, Washington, July 30, 1840. IN my despatch of the 5th of this month, I had the honour to inclose a printed copy of the President's Message to Congress of the 27th of June, in which, afier transmitting the last correspondence between the United States' Secretary of State and myself upon the subject of the Boundary Negotiation, and referring to the report of tne British Commissioners Colonel Mudge and Mr. Featherstonhaugh, which had been communicated by me to the United States' Government, the President called upon Congress to enable the Executive to effect a new preparatory survey, by American Commissioners, of those parts of the Disputed Territoiy which are especially treated of in the Report of the British Commissioners. An Act was accordingly passed by the two Houses of Congress, shortly before their cdjoumment on the 21«t of this month, appropriating the sum of 25,000 dollars for the purpose required. The nomination of the American Commissioners has been made, without delay ; and they will commence their labours early in the month of August. I have the honour to inclose the copy of an official letter addressed to me by the Secretary of State, acquainting me with the appointment of the American Commissioners, and informing me of the mode in which it is intended they should prosecute their investigations. I likewise inclose the copy of nnr reply to Mr. Forsyth's letter. I transmit copies of this correspondence to his Excellency the Governor-General, and to the Lieutenant-Governor of New Brunswick. I have, &c., (Signed) H. S. FOX. for Inclosure 1 in No. 9. Mr. Forsyth to Mr. Fox. Sir, Department of State, Washington, July 25, 1840. I HAVE the honour to acquaint you for the information of the Government of Her Britannic Majesty and of the Authorities of the North American British Provinces, that the President of the United States, in accordance with the provi- sions of a recent Act of Congress, has appointed Mr. James Renwick, Mr. Parker Cleveland, and Captain Andrew Talcott, accompanied by a proper number of «•«:.*«••*- *A ■.wA..a.ul frA *kA *0rrifnrv in f^itniifro lw>twpAn iKa iTni^.pH StAtps nnol Or«at|Britoin on the north-eastern frontier of this Republic, for the purpose of making, during the present summer, a topographical survey of various parte of E It that and the adjoinm/ir repom for the nae and infbnnation of the Ap ncaa Ooveranient. This rtcp, it ii proper to itate, has been taken in conaequt.ae of the execution of a limilar measure on the part of Her Majcjty'i OoTemnent, the fewlta of which were lately cx>minnnicatconds with the words of the Treaty of 1783, and that the Line claimed by Great Dritain does not. The words referred to are these : " The United States claiming as the position of the said north-west angle of Nova Scotia, a point due north of tiie source of the River St. Croix, on the highlands lying north of the River St. John, and which divide those rivers that empty tliemielves into the River St. Lawrence, from those which fall into the Atlantic Ocean ; and Great Hrituin claiming as the position of said north-west angle of Nova Scutiu, u noint un a highland called Mars Hill, lying south of the River St. John, H*id dividing tliose waters which empty themselves into the River St. John from those which full into the Atlantic Ocean." The wording of this passage of the Preamble,-' of that part of the Convention, namely, which is intended to recite the points ut issue without deciding them, — may, it is probable, have been adopted inadvertently ; for it is not to be supposed that the Govern- ment of the United States could deliberately expect that the passage would be agreed to by the British Government. The second passage, now omitted, occurs in the Xth Article of the American Draft, where it is proposed that Mitchell's map should be acknowledged as a document bearing upon the c)uestion of Boundary to be decided. But Mitchell's map is well known to be full of the grossest geographical faults, and to be remark- able, especially, for extraordinary errors in the latitude and longitude of places. As Mitchell's map is neither mentioned, nor in any way referred to, in the Treaty of 1783, and as that Treaty is the authority now to be expounded, Her Majesty's Government cannot consent to attribute any value to a work which ii not in itself entitled to consideration, either upon diplomatic or scientific grounds. The third is a passage in Article XIV. of the American Draft, which seem* to imply that agents of the two Governments shall accompany the Commission of Survey, for the purpose, as it is said, of giving explanations on behalf of the respective pavties. Her Majesty's Government cannot give its consent to such an arrangement. No such agents are necessary, and no such explanations are wanted. The face uf the country, and the words of the Treaty are the things to be explained ; and the Commissioners will be there to explain them. The presence of the proposed agents would only serve to maintain a perpetual quarrel, and would convert the encampments of the Commissioners into scenes of inces- sant conflict and debate. Her Mtyesty's Government, therefore, will he pre- pared to provide that no agent, either on the part of Great Britain or on the part of the British Colonial authorities, shall be permitted to accompany the Commission of Survey ; and will require, in like manner, that the Commission of Survey shall not be accompanied by agents either from the Government of the United States, or from the State Government of Maine. I.astly, it is provided in the Draft of Convention now offered, that the Com- mission of Survey shall meet at Quebec, and that it shall commence its labours of exploration at the head of the Connecticut River. This, in the opinion of Her Majesty's Government, will be the most natural, and for many reasons the most expedient arrangement. The Commissioners will thus have the advantage of beginning their operations upon highlands, whic'* have already been acknow- ledged by both parties to be the highlands of the Treaty of 1783, and to consti- tute a part of tne Boundary between the two countries. It is, however, at the same time proposed to be stipulated that the Commission shall be bound to survey any other part of the disputed territory which two Commissioners, on cither side, may wish to visit : provision being thus efTectually made for the suc- cessive examination, if required, of every part whatever of the Territory ia dispute. The Undersigned, &c., (Signed) H. S. FOX, m I If N«. It. Mr. Fm i$ yiHOwmi Faimtniom.—^Riteiiud 80fHemkir 1.) Mj Lord, Wathimglon, Atig^t 4, 1840. Iff ny deipateh of the 30th ulHuio I had the honoar to incloie the copy of as official fetter, in which I had informed the United Ntatea' Soeretary of State, of the Comtniation entruited to Lieutenant Broughton and Mr. Jamea Feather- itonkaugh, to make, during the present leaton, for the information of Her M^eaty'a Goremment, a mpplcmentary turvey of certain parta of the dkipnted teiTttory lying north of the Kivcr St. John. I have receired from Mr. Forayth the incloied official letter in reply, in which he acqnainta me that the Prciident haa communicated the information to the BxeetitiTe Government of the State of Maine. I hare forwarded coniea of the cerreapondence to hii Excellency the Governor-General, and to the lieutenant- Governor of ?^ew Bruniwiok. I have, &c. (Signed) II. 8. FOX. . , Incloaure in No. 1 1. Mr. fbriyfA to Mr. Fox. Department of 8tat«, Sir, Woikinijton, Augutt 4. 1840. I HAVE the honour to acknowledge the receipt of the note which you addrcMcd to roe on the 28th ultiaw, by direetion of Her Britannic Majetty'a Government, acquainting mc, for the information of that of the United Statea, that Lieutcnant-Colonel Mudgo and Mr. G. W. Feathentonhau^h, the Commia- sioaera appointed laat aummer to explore and aurvey the territory in diipute between the United States and Great Britain, having been prevented from com- pitting their aurvey and examination of a certain portion of the Boundary Line claimed by the United States, and Her Majesty's Government havin(> determined that such examination and survey shall now be completed, Lieutenant BrougbtoB, of the Royal Engineers, and Mr. Jamea D. Fcatherstonhaugh, have been selected u joint surveyors for that service; and that these gentlemen had arrived at Halifax, and would immediately proceed to execute the objects of their oommisaion. I have duly submitted your communication to the President, and will, by his direction, transmit a copy of it to the Executive of the State of Maine. I avail myself, &c., (Signed) JOHN FORSYTH. No. 12. Mr. Fox to Visewnt Palmtr$ton. — (Rectktd September 1.) My Lord, Waihmgton, August 15, 1840. Mr. FORSYTH invited me to a conference two days since, when he read to me the draft of an informal note, herewith inclosed, which the President had direeted him to address to me, together with f second American Counter-Draft of Convention (also herewith inclosed), for the establishment of the North* Eastern Bonndarv Commission, in reply to the Official Note and British Draft of Convention, which I had presented to him on the 28th of last month, aa I bad the honour to report to your Lordship in my despatch of the 30th ultimo. Mr. Forsyth appeared to expect, that if i appruved myself of the moditica« tioDs introduced into this second American Draft, I should consider mynif 81 authoriied to aenpt it, and to »\m the Con^-ention, withont farther rercrence to Her MMJcity'i Gfivemmunt, with the exception of the XVIth «ml XVIIth Articiet, which he thought might be agreed to and ligmd m a Mpsrate or eupple- mentarv contract, tub »pe rati. I immediately;. howTfrer, «aw, that the chanfet and additbn* prnpoiwd in thii new Counlcr-Orafl were much too imporUnt to admit of nich a courae, «v«n if, in my own opinion, I acquieaced in or approved of them, which moat aaaaiMlly I do not. I have, therefore, only contented to receive and to trmnmit thii new praponl to Her Majesty's Government, and I ihall await your Lordihip'i order*. The principal and niott objectionable alterationi are tboio introdoetd Id Articlea II.. III.. IV.. VII., and X., of the pretent Drai^. The new ami wMi- tional arrangement proooaed in Articfet XVI. and XVII., above referred to, will not pcrhapa be judged inadmiaaible. although the Articlea themiclvca, aa now worded, do nut expreaa with sufficient diitinetneta tliat which I believe to be the ol^t aimed at by the President in proposing them. It ia in some degree satisfactory to Hnd, that the aubjeeta of diflbroMo between the proposals of the two Governmenta are now much narrowed, in coaa- parison with what they formerly have been ; and that aa they relate to detaila, and not to principle*, tlie hope of finally reconciling them is not precluded. Aa the pn-nent American Draft, however, was not furnislied to me in a com- plete and official form nntil yesterday, I have not yet had time to examine and compare all the Articles with sufficient attention. I ahall forward to your Lord- •hip a duplicate copy by the steam-packet which leaven New York on the lit of September, and shali at the same time have the honour to addreai yo«r Lordship more at large upon the subject. I have, lie., (Signed) H. 8. FOX. Inclosuro 1 m No 12. Mr. Fbrijfth f Mr. F*m. Dtpartmmt of 8taU, Sir, Watluiigi'mf Amgtut 13, I MO. IN order to facilitate the transaction of the hnportant business committed to them,— 'the negotiation of a Convention of Exploration and Survey, and of Arbi- tration between the United State* and Great Briuin, — the Secretary of State, fn place of a formal answer to Mr. Fox's Note of the 28th ultimo, submits to his considuration the following observations upon it, and upon the respective projects of the two Governments : — With regard to the change of views of the President respecting the Cbm- mission of Exploration and Survey again broucht forward in Mr. Fox's letter, it i* not necessary to add anything to the satisfactory explanation already given, except to remind Mr. Fox of the time which elapsed between the period when the tarties came to an understanding upon the subject, and that at which the British )r8ft of Convention was communicated, — an interval of more than twelve months. The circumstances which occuiTcd in the meanwhile connected with the question in dispute, necessarily modified the views of both parties, — circum- stances which, it is believed, would not have occurred, had measures been imme- diately taken by Her Majesty's Government for carrying into effect the agree- ment between the parties. The points to be aubmitted to the Commission of Arbitration in the accon- Emying American Draft, will be found to be identical with those contained in the ritish Draft, Her Majesty's Government has mistaken the intention of the American project, which was to submit to the Arbitrators for decision merel^ tl\ose points on which the Commission of Exploration should have disagreed, the Vth Article providing that the facts on which four of them concurred in opinion should be held to be conclusive. The change proposed by Her Majesty's Government that, instead of tt stttieinent to be iaid before the (Jommission of Arbitration by each of the Contracting Parties, which is assumed to be the American proposition, the ^ reporti of the Commiuion of Survey accompanied by such obsenrations as each Government may think fit to make thereupon should be substituted, is adopted by the American Government, it being not substantially different from the proposition imputed to it. With regard to the three passages in the Americnn Counter-Project which Her Majesty's Government has deemed inadmissible, the Undersigned has to remark with respect to the first, that it was intended simply as a statement of what was understood in fact to be the claims of the respective parties : it was prepared certainly without any view of inducing the British Government to make any injurious admissions, or to bind her down to the line stated to be claimed by her. The American Government has no objection to the substitution of a general description of the line as proposed by Her Majesty's Government. With regard to the second omitted passage relating to Mitchell's map, the Secretary of State docs not comprehend the precise force of the objection made to the introductiou of it in the Ath Article of^the American Counter-Draft. In the former "Treaty of Arbitration, it is acknowledged by the two Governments, that the map called Mitchell's map regulated the framers of the Treaty of 1783 in their joint and official proceedings, and is agreed to be considered by the Contracting Parties as evidence of the topography of the country. Although, therefore, Mitchell's map may be full of geographical faults, and is neither mentioned nor reierred to in the Treaty of 1783, it is not perceived how Her Majesty's Government can refuse to attribute to the work any value either upon diplomatic or scientific grounds, or deny that it is a document bearing upon the question of boundary to be decided. Mr. Fox will see that the Xth Article of the American Counter-Project does not go as far as the admission of Her Majesty's Government in 1827 would authorize, but simply contains an acknow> ledgment, that it is a document bearing upon the question without reference to its general or particular geographical accuracy. The President of the United States, therefore, instructs the Undersigned to say, that under this view of the matter he presumes Her Majesty's Government will not refuse to admit the Xth Article as now again proposed. The President acquiesces in the modification produced by the third omission with respect to agencies. With regard to the place of meeting of the Commission of Survey which Mr. Fox remarks upon, the proposition in the Counter-Project of the American Government was copied from the first Draft offered by the Government of Her Britannic Majesty ; and the President does not perceive that there can be any particular benefit derived from the change proposed. On the best reflection. It has been deemed better to suggest, if any change is to be made, a new place for the preparatory meeting of the Commissioners, where they shall, themselves, decide at what point of tne Boundary Line they will begin. For this purpose the Draft of a new Article is submitted. There is one omission in the British Counter-Draft of which no notice is taken in Mr. Fox's Note. It is that of the Article in the American Project which authorizes cither party to seek in the records of the other for evidence as to the intentions of the framers of the Treaty of 1 783. Whether this omission is inadvertent or intentional is matter of conjecture. Tlie Article is now reintroduced with the view of ascertaining whether Her Majesty'.". Government will find any insuperable objection to agreeing to it, as the President considers it of great importance both as a means of reaching the truth and approving the perfect confidence of the two Governments in the justice of their respective pretensions, and of their sincere desire to asceruin the true line of boundary, by «11 the means within their power. Mr. Fox will observe that there are two Additional Articles inserted in the American Draft now presented. They have been introduced with the simple view of ascertaining the possibility of terminating, in the shortest possible time, this long-protracted and vexatious dispute, in a manner that might be acceptable to all the parties interested. The Undersigned, &c., (Signed) JOHN FORSYTH. 38 Indosnre 2 in No. 12. Second American Counter-Draft of Convention for the ettablithment of North-Eastem Boundary Comniissioners, PREAMBLE. au! WHEREAS that portion of the boundary between the British dominions in North America and the United States of America, described in the Treaty of Peace sigiiud at Ghent, on the 24th of December, 1814, as extending "from the source of the River St. Croix, directly north, to the north-west angle of Nova Scotia, thence along the said highlands which divide those rivers that empty themselves into the River St. I^wrencc from those which fall into the Atlantic Ocean, to the north-westernmost head of Connecticut River ; thence down along the middle of that river to the 45th degree of north latitude ; thence by a line due west on said latitude, until it strikes the River Iroquois or Cataraguy," has not yet been determined ; and whereas the point designated in the Treaty of Peace of 1783, between the two Powers, as the north-west angle of Nova Scotia, and which is to be formed by the intersection of the due north line from the head of tli'j St. Croix with the said highlands has not been ascertained ; and whereas by the stipulations of a Convention between the United States of America and Great Bntain, signed at London on the 29th of September, 1827, the points of diflbrence which had arisen out of the proceedings of the Board of Commissioners to whom the designation and demarcation of the said portion of boundary was entrufited under the Vth Article of the aforesaid Treaty of 1814, were referred to the arbitration of the King of the Netherlands ; and whereas the decisions and opinions given by His Netherlands' Majesty thereupon, as 'aid down in His said Majesty's award, signed at the Hague, on the 10th of Januarv, 1831, failed to adjust the said points of difiPerence ; and whereas Her M^esty the Queen of the United Kingdom of Great Britain and Ireland, and the President of the United States, have deemed it expedient to appoint a new Commission of Exploration and Survey, for the purpose of laying down the said boundary in conformitv with the stipulations of the aforesaid Treaty of 1783, and have moreover agreed upon certain arrangements to provide for an equitable and final decision of all points upon which the British and American members of such Commission may not be able to agree ; and whereas Her Britannic Majesty and the President of the United States have, with this view, resolved to conclude a Convention for regu- lating the proceedings of the said Commission, they have therefore named as their Plenipotentiaries for this purpose, that is to say : Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, &c., and the President of the United States of America, ftc, who, after having communicated to each other their respective Full Powers, found to be in due form, have agreed upon and concluded the following Articles : — ARTICLE L ..B.,n ., Within months after the exchange of the ratifications of the present Convention, the Two High Conti-acting Parties shall appoint a Commission, to be composed in the following manner :— Three Commissioners shall be named by Her Britannic Majesty, and three by the President of the United States of America, by and with the consent of the Senate thereof. And these Six Com- missioners so appointed, shall have power to appoint a Secretary and such other assistants as they shall judge necessai7 to enable them to execute efficiently the duties of their Commission. ARTICLE II. The said Commisaioners shall meet in the first instance at the City of Boston, and shall have power to adjourn their meetings to such other place or places as they shall think fit. But before they enter upon the duties of their f offices, they shall each, in the presence of all the others, make oath or affirmation, before the principal Magistrate residing, or acting, at the said city of Boston that they will impartially examine and decide, accordiDg to the best of their skill and judgment, all points relating to their duties as Commissioners; and having done this, tiiev shiiU then forthwAh enter npoa the dMchai^ ef their duties m lerein- aiter denned. ARTICLE in. TTie Ike of boundary having been already ascertained and aererd upon froM the moBth of the St. Croix Eiver to its souroe. as marked by the moiiusient pdaced ther« by the joint ComipimKMi appointed for that purpose by the two Governmeata, the Coouaiuioiicrs to be appointed according to the precediiur Article J., 8b«ll ncoceed to explore those portions of the boundary between the United States of Amtaica aad the British Dominions in North America whick •re described as cy:tcBdin( "from tlte source of the River St. Croix directly north to the north-west angle •£ Nova Scotia, thence along the said Highland* which divide those rivers that empty themselves into the River St. Lawrence from those which fall into the AtlanUc Ocean, to the north-westernmost head of Coonectieut River ; thence down along the middle of thrt river to the 45th deeree of north latitude ; thence by a line due west on said latitude, until it strikes the tttver lro<|uoi8 or Cataraguy." In the performance of the duty hereby assigned to tlwm, they shall oon^ mence at such point to explore the several portions of said boundary, as two of the three Ameriani, and two of the three British, Commissioners shall detcrmiiie; and in ease of disagreement between them, then at such point as awy be decided by lot. '^ I.- ^H Cf™™«»»ne". i^'mg made a general survey of the country alone which the line of boundary is to run, shall proceed to lay that boundary down aecuratelv on the surface of the earth, and to wark it by monuments and other iandsmarka. For this purpose they shall first proceed to lay down the line from the monument at the head of the St. Croi* to the north-west angle of Nova Scotia • and from thence along the highlands described in the Treaty of 1783 to the north-westernmost head of Connecticut River; thence down the middle of that river to the 4fith degree of north latitude ; thence by a line due west on said latitude, until it strike the River Iroquois or Cataraguy. The Commissioners shall make a report of their proceedings, and shall prepare a map of the Boundary Line, or of such parU thereof as they may have • * J "'"f" ' .""i^^ 'T*'X •»<*.""•? "^U ^^ prepared in duplicate, and shall be signed and sealed by the Commissioners ; and one copy of the said report and map shall be transmitted to the Government of the United Sutes, and the other copy to the British Government ARTICLE IV. It shall be the duty of the Commissioners to explore and survey all such other parts of the disputed and contiguous territory, besides those mentioned in the preceding Article, as any two of the Commissioners on cither side may think It would be useful to examine, in order the better to ascertain the true boundary intended by the Treaty of 1783. ' ARTICLE V. Whenever two of the three British Commissioners and two of the three American Commissioners shall agree upon any poiat or matter, the unanimous opinion and decision of those Four shall be deemed and taken to be the opinion and decision of the Commission, and such opinion and decision shall be recorded, and shall be signed by the Four concurring Commissioners, and shall be reported --• "■ " ..."!...,„;!;,.,,-, a:i« II IS iiticuy agrccu Dcuvcen tne Uoii- tracung Parties, that every opinion and decision so recorded and reported by the Commission shall be deemed final, and shall be lield binding upon both the Utrii Contracting Parties. • » ARTICLE VI. Each of Ae Ri^h Contracting Parties jnall be at liberty to lay before the Commission, for its information, copies of any official documents, or of any maps or surveys which such Contracting Party may think calculated to throw light upon the matters which the Commission is appointed to investigate, or likely to assist the Commission in the performance of its duties. But no such maps or surveys shall be deemed by the Commissioners to be other than ex parte evidence, Aimishcd in order to assist the Commission in its own investigations, unless such mans and surveys shall be acknowledged and signed by two Commisssior.ers on eacn side, as authentic evidence of the facts upon which they may bear. Each of the High Contracting Parties will give to the other copies of any documents, maps, or surveys, which such Party may so lay before the Commission. ARTICLE VII. It being the object, as it is the earnest desire, of the High Contracting Parties to effect a just and amicable settlement of the line of boundary in question, by the direct action of the joint Commission hereby established ; or if that shall prove impracticable, to obtain authentic evidence of all material facts that are connected therewith for the better guidance of the future action of the High Contracting Parties upon the subject, it is agreed between them that it shall be the duty of the said Commissioners to collect as fer as they may be able to obtain the same, and carefully authenticate all such maps and surveys of the disputed and of the contiguous territory, and all official documents having relation to the premises, as will, in the opinion of the Commissioners, or of any two on either side, serve to elucidate the true intent and meaning of the parties to the Treaty of 1783 upon the point in question ; and to this end, the High Contracting Parties further agree to furnish each other with authentic copies of all maps and surveys of the disputed and >?ontiguous territory, and also with like copies of all official documents connected with the negotiation of the said Treaty which are to be found in the public archives of the respective Governments, and which two of the said Commissioners on either side shall believe to have a bearing upon the subject under discussion. ARTICLE VIII. If it should happen that upon any points or matters which may come under the consideration of the Commission within the scope of its duties, four of the Commissioners aforesaid, that is to s' y, two on each side, should be unable to come to an united opinion or decision, the Commissioners shall draw up, either jointly or separately, a report or reports, stating and explaining in detail the points oil which they differ, and the grounds upon which their respective opinions nave been formed. The reports of the Commissioners on both sides shall be prepared in dupli* cate, and one original copy of each, together with copies of ail documents or maps annexed thereto, shull be transmitted by the British Commissioners to the British Government, and the other copy shall be transmitted by the American Commissioners to the Government of the United States. ARTICLE IX. If the two Governments should not be able, upon a review of the statements of the Commissioners, to come to an understanding upon the points abo'.it which iiie CumtnisKJoners shall have so diiiered, Huch points simii, at the ilexire uietthet' of the two Governments, be referred for decision to a Commission of Arbitration, consisting of three persons eminent for their scientific attainments, and not being citizens of the United States or subjects of Great Britain. F 2 The President of the United States and Her Britannic Miyestj engage Jt choose three friendly Sovereigns or States, each of whom shall be invited by the High Contracting Parties to name and appoint one of the aforesaid three Commissioners ; and in order to prevent unnecessary delay, tnc two Govern- ments shall at once proceed to take steps for establishing this Commission of Arbitration. ARTICLE X. The map called Mitchell's Msp, hitherto admitted to have reeulated the joint and official proceeding of the framera of the Treaty of 1783, shtui be consi- dered as evidence mutually acknowledged by the Contracting Parties as bearing upon the question to be decided. 1 ARTICLE XL As soon as the Members of the Commission of Arbitration shall have been named and appointed, they shall meet at [Fcankfort on the Maine ?] Tliey shall, in the presence of each other, be sworn, impartially, and, to the best of their judgment, to examine and decide, according to the evidence laid before them, all matters which may he referred to them by the Governments of the United States and Great Britain, jointly. Thev shall have power to adjourn, from time to time, and from place to place, and to appoint a secretary and clerks, who shall not be citizens of the United States or subjects of Great Britain. ARTICLE XIL The documents to be submitted to the Commission of Arbitration by the Governments of the United States and of Great Britain, shall be Reports made to those Governments by the Commissioners of Exploration and Survey, of points about which those Commissioners have differed, and of the points about which they have agreed, together with any observations which cither Government may choose to make upon the statements and reports of the Commissioners of Exploration and Survey on the matters about which those Commissioners may have differed ; and if the Commission of Arbitration should need any further topographical information to enable them to decide any of the points so submitted to them, they shall apply to the two Governments, who shall there- upon direct the Commission of Exploration to supply them with such information, in order to its being transmitted by the said Governments to the Commission of Arbitration. m ARTICLE XIII. The decision of a majority of the Commission of Arbitration shall, upon being communicated to the two Governments signed and sealed by the Commissioners, be held by the American and British Governments to be final and binding as to the points which such decisions may determine. ARTICLE XIV. The salaries of the said Commissioners of Exploration and Survey, to be appointed according to the preceding Article 1., shall be defrayed by their respec- tive Governments ; but all other cxpences attending the Commission shall be defrayed in equal portions by the two High Contracting Parties. In case of the death, resignation, or disability, from any cause, of any Com- luissiutsc:, luc %_iuvci mucin uy vrmuis itc rraa a{>|njii:icu siiaii iinii:c a 3tiCv.c3wji with the least possible delay; and each new Commissioner shall be bound to take the same oath or affirmation, and to perform the same duties as his predecessor. «r ARTICLE XV. The lalariei and all expences of the Commiwion of Arbitration to be appointed accordin({ to the preceding Article IX., shall be defrayed in equal portions by the Governments of the United States and of Great Britain, upon accounts to be rendered periodically to each Government by the said Commission. ARTICLE XVI. It being possible, and, if so, highly desirable, that a Conventional Line may be agreed upon which will be satisfactory to all the parties in interest, and the necessity of a final umpirage of their conflicting claims be thereby superseded, it is with that view agreed by the immediate parties to this Convention, that it shall be at the option of the State of Maine to appoint, in such manner as her Legis- lature shall direct, two Commissioners who shall be associated with the Board of Commissioners of Exploration hereby established, for the purpose of making, receiving, discussing, and settling, in conjunction with the said Board, pro- positions for the establishment of a Conventional Line, upon the territory in dispute between the United States and Her Majesty's Colonies, but for no other purpose. ARTICLE XVII. It is further provided, that if the Commissioners appointed under this Con- vention, shall be able, in conjunction with those appointed by the State of Mnine, to agree on a line upon the territory hereinbefore described, which shall be satis- factory to the Governments of the United States and Great Britain, and also to the State of Maine, and her assent to the same be given in such manner as her Legislature shall direct, at any time before a final decision is made in the matter by the Umpires hereby created, that then and in such case the Governments of the United States and Her Britannic Majesty will carry such agreement into full effect, and solemnly and finally ratify the same. ARTICLE XVIII. The present Convention shall bo ratified, and the ratifications shall be exchanged in , within a period of In witness whereof, the respective Plenipotentiaries have signed the same and have affixed thereto the seals of their arms. Done at Washington, the day of , in the year of our Lord one thousand eight hundred and forty • No. 13. Mr. Fox to Viscount Palmerston.— {Received September 18.) My Lord, Washington, August 29, 1840. I FORWARD by the present packet a dunlicate of my despatch, of the 1 5th of this month, in which I had the honour to inclose the copy of a second Counter- Draft of Convention for the establishment of the North-Eastern Boundary Com- missions, offered by the United Statee' Government in place of the British Drafl of Convention transmitted to me in your Lordship s despatch, of the 30th of June- end the co'^v of a letter froQ! Mr^ Forsyth, dated the I3th of this month, communicating to me the said new American Counter- Drafl, and con- taining various observations upon the points of difference between the present proposals of the two Governments. ' •wummmmmmsL*! m I now further inclose the cop^ of a letter which I addressed to Mr. Forsyth on the 17th instant, in reply to nil communication of the 13th. I have in the reply declined entering into a fuH dlbcunion of the articles of the new American Draf^, until they shall have been submitted to the consideration of Her Mt^^sty's Government. It will be seen that the present American Draft difTcrs from the British Draft ijB Che Preamble, and in Articles 11., III., IV., VII., and X. ; and that it contains two additional Articles, XVT. and XVII., embracing new matter, and providing for an entirely new object. I refer here, of course, to the Articles as numbered in the American Draft. The new Preamble proposed by the United States' Government does not, in substance, materially differ from the Preamble of the British Draft : and it is far hm objectionable than the Preamble of t* e former American Draft. But it begins by reciting the p« ' ' ' i».e between the two countries from the Treaty of Ghent of 1 8 14, instcr 'ing to the original description of the Boun- dary in the Tivaty of 178o ..i original description it will be the business of the Gommisaioneni now to b*; appointed to arty of the state of Maine stationed at Fish River. Your Lordship is doubtless aware that the construction put by me, and, I have reason to believe, by General Scott, upon the agreement entered into between the Ciovernor of Maine and myself, in March, 1839, was, that the Maine posse should confine itself to the occupation of the valley of the Aroostook, leaving that of the St. John to New Brunswick, each party denying the right of the other to ultimate possession. The (lovernment and [.egislature of Maine contended for a different construction, and claimed the joint right of occupation for the purpose of protecting the timber of all the disputed territory south of the St. John, above the Madawasica Settlement ; and in accordance with this view, it pushed a party of its armed posse to the mouth of the Fish River, thus esUblish- ing itaelf, de facto, upon the Upper St. John. This movement was immediately and strongly protested against on my part ; but it not being deemed expedient to have recourse to force for the purpose of dislodging this party, the question became immediately narrowed to the definition of tbe actual limits of the Mada- WMka Settlements. These were asserted and shown, on our part, to extend up tho St. John as far as British settlements extended ; and it was proved that British juristliction had repeatedly been exercised as far as the River St. Francis, the very individual — John Baker — who is now again taking a prominent part in the present proceedings, having been made amenable to and punished by the laws of New Brunswick, which he had audaciously violated. On the part of Maine, it was asserted that the Settlement of Mudawaskii does not extend beyond the Fish River on the south and the mouth of the Madawaska River on the north bank of the River St. John. Upon the true construction gf tho agreement I had understood that a conventional arrangement was to be entered into between the two general GovernmenU, and I have for some time past been in the ex|)ectution of learning the result ; no such information has, however, reached >me, and 1 am consequently left in doubt as to whether the present proceedings on tlie part of Maine be the consequence of any huch agreement, or are to be viewed as merely the assertion of its own pretensions. If the latter, the {loints for consideration would appear to be, whether it may be deemed to consist with the dignity or the rights of Great Britain to rest satisfied by merely protesting against this open and forcible assumption of sove- reignty by the State of Maine over a part of Her Majesty's subjects of the Madawaka Settlements, and the insult offered to one of the magistrates of this province, or by promptly moving a military force into the settlements to give confidence and protection to the Queen's subjects, and support to the civil authorities. ... ...w -._.,- w. ^.,«. . — ... «...;,« ... , .,,,..g ujf.-t, \tt^ nrsvjrtjvtt \'i ir:r latitri course, I trust I may be pardoned in recommending that it may be carried into effect from the side of Canada, by mrans of a detachment from the Temisquata barracks, in which there is good accommodation (to the extent of 150 men) at Simon Nibbcrt'ii, on the right or aouth b«nk of th« St. John, about eighteoa nil«« be-low the Fiih River (the plaoo where two coin|Mnieti of the llth ReKimant were |iuit<*d in the wintvr of Hi'.iQ). KncQumcud hv the prennee of luch « force, («*hich wouM look fur iti lupport to the iK-gelt' and the Temisqiiata oa the one tide, and the (irand Faili on the other,) tlie alarm of the French lettiero would lubaide, and the mugi»tratct would be in • poiition to enforce the execu- tion of thu lawn. The detachment from this province at the Grand Falls could bo au(j;nientcd, if found neceuary, from thi« garriion ; but that it a measure which, a« It might tend to create uneaiincM to the officer in command of the troops at Iloulton, it might be prudent to defer until the necessity should actually arise. The WaruL'ii informs me that my letter to Mi«Jor Uruham, of which a copy accompanied my despatch of the 7th instant, immediately produced the intended effect. I have, &c., (Signed) J. HARVEY. Inclosure 4 in No. 16. ' Sir John Harvey to Lord Sydenham. t Oovemment Houie, Fredericton, My Lord, Ntw Brunswick, November 17, 1840. SINCE addressing to your Lordship my letter of the 13tli instant, I have received a document wliich ought to have reached me many months ago, via. ^ the correspondence relative to the North American Boundary Question, part I., printed for the use of the Impciial Parliament, and after a perusal, or it may bo rather called a re-perusul, of that correspondence, it has occurred to me that you. may feci indisposed tu sauction any measure which may have the effect of reviving the outcry of " military occupation " by Great Britain of the disputed Territory, into which oven the moviMuent of a Serjeant's or subaltern's guord of Her Majesty's troops might be pervertci'. Under this view, I would proiiose so far to modify my proposition as to substi'.ute for the Queen's troops a sulucient party or posse of armed labourers or utteniluuts, to be placed under the orders of the waruen and niaf.'' uatos. This description of force being strictly analogous to that employed by the State of Maine, cannot possibly be objected to by them ; tht objection to which it certainly is liable on our part is, that it is less amenable to control and may lead to collision, which, however, if it should occur, cannot compromise the General Governments, or constitute the ground of national dispute, as would a single act, however trifling, on the part of the smallest party of Her Majesty's troops. Moreover, great care must bo used in the selection of the men to compose the posse. I have, &c,, (Signed) J. HARVEY. Inclosure 5 in No. 16. Mr. Maclauchlan to Sir John Harvey, May it please your Excellency, Fredericton, October 28, 1840. I HAVE the honour to acquaint your Excellency that on leaving the Mada- waska Settlement a few days since, a report reached me of an intention, on the part of the Authorities of the State of Maine, of calling a towq meeting, so termed in that .settlement, cither about the close of this month or the beginning of the next, for the purpose of taking votes for the election of a President for the United States. I endeavoured to ascertain if the meeting was to be held above the Block* House occupied by the armed posse at Fish River, or between the Fish River and the Little Madawaska, as the latter, I had understood, was lately incorporated and considered as part of the county of Penobscot, State of Maine. However, this infemwtion I wm unaUi t» oMain, and', therefore, I conridered it sdvisAlf daring my ■bience to levre dirBctions witlt Sfr. Wright, the maiciftrate, and alMD Mr. Tighe, the person there eaiployed in taking the census of the Mhdkwuka Setthement under an Act of Aaiemhlj of thia provinee, to attend the meeting, if held between the Fish' River and the Little Madawaaka, and' to protest agnmt the proceedings ; also notm|r down the names of alt penens' touai taking an active part at the same, which> together with the result of the meeting, to ke* transmitted to me by express for the information of your Excellency. 7 have, ftc., (S Tieo; J. A. MACLAUCHLAN, Wardem of tH» Diafuted Tlnritory. Inclosure 6 in No. 16. Mr. Maclmuchlan to Sir John Harvey. Madawaska Settlement, May it please your Excellency, November 9, 1840. W ITIl reference to my communication of the 28th ultimo, I have now the honour of transmitting, for your Excellency's information, a letter which L received on my arrival in this settlement to-day from Mr. Rice, one of Her MSsjesiy's Justices of the Peace for the County of Carleton, giving a detailed account of the proceedings of a town meeting, so termed, held by authority of the State of Maine on the St. John, near the entrance of Fish River, and under the protection of the armed posse occupying a strong bluck-house at that place. By the statement of Mr. Rice it appears, that the meeting was convened for the purpose of electing a President and Vice-President for the United States, and waa held on the 2nd instant at a house adjoining the block-house of the armed posse, under the command of Captain Ryans, who on that day made publicly known the in.structions which he had received from his Government, giving him the exclusive jurisdiction on the St. John's River, from its source to the entrance of the Little Madawaska. And, in order to show the power vested in him, did treat with great disrespect one of Her Majesty's peace officers, (Mr. Rice,) by removing him from the meeting on his protesting against their proceedings. With respect to arresting the persons observed taking a prominent part at this meeting, and alluded to m a letter from your Excellency's private Secretary to me of the drd instant, I beg to state it as my opinion, and also that of the magi-strates in the settlement, that it would be altogether useless interfering with any of thcni whilst under the protection of the armed posse, unless your Excel- lency will authorize our calling upon the military for assistance. It affords mc very great satisfaction that I am enabled to acquaint your Excellency, that none of the respectable settlers of Madawaska attended this meeting ; but the persons were chiefly Americans, headed by the notorious John or General Baker, and the lowest order of Canadians who have been but a short time in the settlement,, and are, generally speaking, without principle or property. But, in order to satisfy your Excellency of the good feeling that at present exists among the inhabitants of Mudawasku towards Her Majesty's person and Government, I hope shortly to forward an address from them to your Excel- lency, disapproving of the line of policy pursued by the Americans, and, fiirthcr, calling, upon your Excellency to afford them that protection which your ExccU leucy may deem necessary fur the security of their persons and property, and the maintenance of the laws they iuve been governed by for upwardia of fifty years. I have, &c., (Signed) J. A. MACLAUCHLAN. ur»^.i^^ ^£ *L n.* i-j fv 'A Inclosure 7 in No. 16. Mr. Rice to Mir. Machlauchlan. ' Madawaska, November 3, 1840. T- ^y^.?^ "'' ?''"^"- f'"™ ^"'''*''' "." ^''^ 20th ultimo. I was informed by Mr. lighe, that, on the Friday previous, the Americans held what they term .town meeting, at the ''""se of one Joaenh Nedeau. next above the American block house, at the outlet of Fish River, tlie purpose of which was to elect town officers Ihey accordingly did so, and have elected Barnabas Hanawell, Miles Emerv and Elias Baker, Americans, to be Assessors; Elias Baker was also elected Town Clerk; and John Baker, the well-known agitatm- of Madawaska, Moderator for the day. A lawyer of the name of Sewelf, from Bangor, opened the meeting, by making a long speech to the people. Previous to this meeting there had been notices put up in the settlement, notifying the inhabitants to attend. After they had finished their meeting, they fired three discharges from afield piece hoisted the American flag, drums beat, music played, and a general reioicin* took place. jo On receiving your letter directing me to attend the meeting, and to protest against these proceedings, I made further inquiry, and found that hand-bills had been up in the settlement, notifying the people to attend another mcetine to be holden at the same place on the 2nd of November. Early in the morninff of that day I left home, and arrived at Nedeau's about one o'clock, p.m.: met Captain Ryans, the officer in command at the American block-house, and told him that my business up here was to protest against those proceedinn-s He answered me, " If you do bo officially, I will be under the necessity of a'J-restine jou, and sending you to Augusta." I told him that I was dete'nnined to do what I considered my duty. There were about one hundred persons present principally Americans, there were a few Frencli Canadians of the lower class- shortly after my arrival, Barnabas Hanawell, Miles Emery, and Elias Baker* Americans, proclaimed order, and that they were about to open the meeting' ff"^ ■—^^'^ commenced, by opening a packet, and. read to the following " In the name of the State of Maine, we open this meeting, pursuant to an order to us directed for the purpose of electing a President and a Vice-President for the United States of America, and in the name of the said State come forward and gr, -our votes. Signed, Barnabas Hanawell, Miles Emeiv. Elias Baker." •' I then asked if I would be allowed to speak. I was answered, " No; that the meeting had onened. and that I should not be allowed to say one word." I then stood up and said: "As the Queen's civil officer, and in Her Britannic Majesty's name. I protest against your proceedings and meetings as unlawful. Illegal, and uncalleu lor." I was then ordered out of the room, or rather taken out by the arm by Captain Ryans, when I was roughly used by John Baker, Joseph Wiles, and others. Baker made different attempts to strike mc, but was prevented by Captain Ryans. Captain Ryans also stated publicly at the meeting, that if any peace officer of New Brunswick should attempt to arrest any ncrson, or serve any writ, or exercise any act of jurisdiction whatever, from the Madawaska River upwards, that he would arrest them, and send them off to Augusta prisoners ; that that was the order he had recently received, and that he would actually put it in force. I have, &c., (Signed) FRANCIS RICE. Justice of the Peace. N.B.— In further conversation with Captain Ryans, he plainly and distinctly told me, that if the Warden of the Disputed Territory should attempt for the future above the entrance of the Madawaska River, that he would most certainly make him his prisoner scccrdin" to his instrurtion" I have, &c., (Signed) FRANCIS RICE, Justice of the Peace. 48 Incloauis 8 in No. 16. Lord Sydenham to Sir John Harvey. ■h * Oovemment Hotue, < Extract.) Montreal, November 23, 1840. YOUR despatches of the 3rd and 13th instant, with their inclosures. reached ine yesterday. , . Under the circumstances wowh you detail I cannot hesitate to authoriM such measures as appear requisite for the protection of.Her Majesty's subjects azainst a repetition of the insults which appear to have been offered, and are again threatened, by the servants of the State of Maine; and I have accordingly addressed myself to the Commander of the forces, who will direct a miliUry force sufficient for the purpose to repair to the Madawaska Settlement, to be placed wherever they can be most advantageously and conveniently accom- nodated. , , Sir Richard Jackson will communicate with you upon the matter, ana the officer in command of the prty will be directed to rejwrt to you. Your Excellency will of course put this officer immediately m communi- cation with Mr. Maclauchlan or the other civil authorities of Her Majesty at the Settlement, whom he will be prepared to support in the discharge of their duties, And for the protection of the Queen's subjects; but I rely on your taking every possible precaution against any unnecessary interference with the citizens of the united Stctes, and avoiding to the utmos. any collision. ^ My instructions from Her Majesty's Government are, not to permit Maine to occupy or possess land to the north of the St. John's, and to mainUin in perfect security the communication by the Madawaaka between Fredericton ud Quebec; whatever, therefore, is indispensable for that purpose must be don«. ft- ■ « \i Inclosure 9 in No. 16. Sir John Harvey to Mr. Fox. Oovemment House, Fredericton, •£)coxS\r ^"'' Brungwick, November 18, 1840. I DEEM it proper that your Excellency should be nut in possession of communications which the proceedings of the arir^ed posse of the State of Maine have imposed upon me the necessity of addressing to the Governor-General, as doubtless your Excellency will be requested to protest against conduct so entirely at variance with that perfect good understanding which it has never ceased to be my earnest desire to maintain with the Government and Authorities of that State, in all matters relating to the joint occupation of the disputed territory, under the Agreement entered into in March 1839. „ „ , „ ■ I avail myself of this occasion to acquaint your Excellency that Major Graham, of the United States' service, having represented to me tliat he hiid met with obsliuction from the proprietors of some of the lands situated on the British side of the line, from the Monument towards Mars' Hill, in conscmience of being under the necessity of cutting down timber for the purpose of following out that which he has been directed to explore, I lost no time in addressing such a letter to him in reply to his represenUtion to me, as has had the effect of putting an end to' the opposition referred to. (Cony of the corres^iondence is inclosed.) On this subject it is proper that I should apprize your Lxcellency that 1 am informed by Mr. Maclauchan, the Warden, who remained with Major Graham s narty for twentyfour hours, and witnessed all their proceedings during that tune, tLai the uue nonn iinc wnicn iiicy arc c:ij;3j;sr-a m t.-rt.-.s - n--- ..--, the aid as he states, of the best instruments and frequent astronomical observa- tions, is gradually, but steadily diverging to the eastward of that which constitutes the present boundary, and up to which the lands have been very generally grantrd on either side, will run considenbly (u much as half-»-mtle) to the eatt •«f " Mbm' Hill," and intersect the St. John nearly two miles nearer to the ♦•Grand Falla," than the present one,— a circumstance which is naturallrcreatinir in the minds of the British settlers and inhabitants residing in that neigbourhood a degree of alarm which the assurance that the survey is entirely an ex parte one does not dissipate. I have, he., (Signed) JOHN HARVBr. Inclosure 10 in No. 16. Mr. Fortyth to Mr. Fox. Department of State, Sir, Washington, December 26, 1840, BY direction of the President, I have the honour to communicate to you the gccompanyin^ copy of a correspondence (transmitted to him by Governor Fairfield) between the Governor of Maine and the Lieutenant-Governor, of New Brunswick, on the subject of a detachmeiU of troops ordered into the Disputed Territory by the Governor-General of the British provinces of North America. The President indulges a confident hope that his Excellency the Governor- deneral will have seen the propriety of promptly complying with the wise and judicious representations of Sir John Harvey, by withdrawmg these troops, whose Sreience is not only a violation of the existing agreement, but also a source of angerous irritation. Nevertheless, he deems it his duty to bring the subject tp your notice, in order to enable you, if necessary, to add your representations to those of the Governor of New Brunswick, and thus relieve the Governpient of the United States from the unpleasant duty of taking uny further steps in relation to the act which has called forth the correspondence I have the honour to communicate. I avail myself, ftc, (Signed) J. FORSYTH. Inclosure 1 1 in No. 16. Oovemor Fairfield to Sir John Harvey. Executive Department, Sir, Saco, December 15, 1840. ,. . I HAVE the honour to acknowledge the receipt of your Excellency's communication of the 1 0th instant, containing an explanation of a late movement on the part of the Governor-General of the provinces, in ordering a detachment of troops to the Madawaska Settlement. Your Excellency says, it " has no other object than to give support to the civil authorities of that settlement, one of whose magistrates, Francis Rice, Esq., has been grossly insulted, threatened with personal violence, and obstructed in the discharge of his duty by persons ^rofeuing themselves to be citizens of the State of Maine ; and another, James •MMUuchlan, Es^., also a magistrate of this province, and holding the office of -Warden of the disputed territory, has been threatened by the person in charge of ihe armed posse stationed at Fish River, with being arrested and sent as a Srisoaer to Augusta, in the event of his persevering in the performance of the Htiet imiMsed upon him by the Government of the Queen and that of this proviiwe.'' •xplanation is made, I deem it my duty to sa^, that I cannot regard the quartering •of ttoof at the Madawask* Settlement at this time bv the British Govemmeat, in aoy otiier light tbaa as a direct and palpable inuingoment of the subsistiog H Vi m •mmgcarati mi thak the circuimtMiCM above detuled afbid n* •wuw wiMtiSMtwn far luch aa a^t. Nor is it the lew aggr«Mt«4 % tli# Bircanwtaann that it ia the repetition of a timilar movement miMki mo* Um iirfMiBsaMBt was catered into, aixl vrkkh wao at th« time the lukjest of oampiaiak and remonttrance, not only on the part of the State Authorities but by th* General Government. The first was sought to be iustified on the ground «f apprehensions, th«t Maine intended to do the like. The latter upon the ground* wMeh, if aok lets subsuntial, aertainly afford no reasonable pretence that any military force was necessary, much less a force in addition to the 200 troop* already stationed at Teroiscouata Lake. In regard to this point, that is, the absence of all necessity for a military force, I am happy to perceive that we do not disagree ; and I trust that your Excellency s sii^estion to the Governor- General touching its withdrawal will not be without effect. In relation to the facts alleged, I am unable '. say whether your Excellency has been misinformed or not, but 1 have taken measuris to have them correctly ascertained and reported. I can assure your Excellency that you but do me justice in refusing to believe that I am disposed to authorize any acts " incon- liitent with existing engagements." If, however, the facts relate to a transaction •f which I have casually heard, but of which I have not been officiidly informed, I think your Excellency will find that the aliejjations require much qualiHcatioa. It has been reported, tliat when certain of the citiaens of this State were aasem* bled at the Fish River Settlement, to give in their votes for electors of President and Vice-Preaident, under a late law of this State authorising it, a magistrate from a Madawaska Settlement presented himself, and attempted, in the exerciae of his official authority, to disperse them. If »uch were the fiwta, instead of finding any cause for reprehension in the resisting his authority by the reaidente at that place, I can only woader at their forbearance in not causing him to be arrested and subjected to trial and puuishment, according to the laws of this State in siK^ case made and provided. . „ j li 0( the threats 8up|)osed to have h made to arrest James MaciauchlaiL CMinirv, and send hiia to Augusta, i ow nothing. But year Excellency, I Mppoae. is aware, that the right of that geotleman to act as " Warden of the Disputed Territory " has never been recognized or sanctioned by the authorities of this State ; and I would respectfully add, that, as far as the present Executive is concerned, never will be, especially in regard to that portion of it in our excl-sive possetiion and occupancy. ,,,,,, . . j »u j What particular movements of Mr. Maclauclilan have induced the suppoaed threats, 1 am not apprised of. The facts, however, in this, as well at the other case I have uken measures to have correctly reported } when I can assure yonr Excellency no disposition thall be wanting on iny part to do what a just regard for existing agreements, as well as the honor and interests of tha Sute, may require. I have, he, (Signed) JOHN FAIRFIELD, Governor of Maine, ^o. 17. Mr. F«t to Viscount PahMr»ton.—(Jlecsived February 16.) Mt Lord Waihmgton, January 26, 1841. I HAVE the honor herewith to inclose a printed copy of the Meaaapa transmitted by Mr. Kent, the newly-elec^^d Governor of Maine to the Lepa- lature of the State, at the opening of the Annual Seaaion, on the IStU ot tba It will be seen that the latter part of this Message treats larj^ely ef the Question of the Nortli- Eastern Boundary; but the tone is less offenaive, and lew caiculnittii 10 U'liti to n*l5cniv«, ZTinu xiiai ui lum**-*. r. eeeding from the State Government ol Mtiine. Governor Kent, as was to be expected, asserts the nanal claim ot Maine » the whole of the territory in dispute, and complains loudly ef the ata«ioaiBg4r Mc4* framwkMn Mif f«i* thweof; b«rt «t tht laine tine lie dbtiMtly relh' MWtw to df G^BMnri Oofemnwiit of the Unhed StatM the right of ection ta MMt •MMew, an4 aeilher invitee, ner even hintt, at the ponibility of • wparat* hlarferenee •« the part of the people of Maine, during the Ifane that the pri«t» dpal MgaliaUon «ha1l he pending. Gevamar Kent, who baa been elected tMsjrear bv a small majoritr over hie V" *^ ' ^^ IWirfleld. belongs to the party of General Harrison and the coming •AMniairation. Both Houaaa of the Maine LegisUture are of the laate politics; and at the PNsideBtial election, the State gave also its electoral votet for General Narfison. There appears, therefore, to be a, better prospect, than at some former Miiods. of the Boundary negotiation being left in the hands of the two national uNvemnents* I harm, ftc., 9, by whicb. ok condition that Maine should remain in undisturbed possession of part of thrt territory, h was stipulated that we should not " attempt to disturb by arms the province of New Brunswick, in the possession of the Madawaska Settlemeuts," H 2 ser ) t WM aeqtiMMMd in by the people, m\j «n (he ground uni the belief, lb«t imne>- 4i«te and determined effbrU were to be in gtwd faith adooted by bo^h, General. Qovemmenla, to bring the matter to a sfMedy, iuit, ana final determination. Indvlging tiich h«pea, Maine ha* cerUinly yielded much in the matter of tem- porary arrangementi, influenced by the wiih to preierve the peace of the countrr, , and to remove all obiUolet to the progrens of negotiation. But she haa a right f aA, when slie yielda w much, that her motiTes should be apnreciated and her cause become the cause of the whole country, and pressed with vigour and fnergy to a final settlement. In the mean time it is our duty to keep our eyes and our thoughu upon the sUrting-pointof the Treaty,— the north-west angle •f Nova Scotia, and the highlands from thence so plainly specified in the Treaty, — and not suffer ourselves to be drawn away into discussions whether the monu* mcnt at the source of the St. Croix, which was located by both Governments, more than forty yeara sinoe, and fully established, is at the true point, or whether it is not possible that antediluvian mountains existed, which by some geological process have become "abraded" and worn down, and have now become the beds of large rivers. The earth, as it existed in the year of our Lord 178;3, is to determine the location of the highlands of the Treaty, and the mere speculations of self-styled geologists concerning imaginary or theoretical highlands, which probably never had existence except in the fiincies of specu- lative theorista, cannot fairly and legitimately have the slightest influence upon the pending question, more especially when, if it could be demonstrated that the assumed line now exists, it would not answer any of the requirements of the Treaty. To mystify what is plain, and draw attention from the main subject to collateral issues, is sometimes a diplomatic mode of procrastinating a final' decision, and of making up a plausible case from the mere duration of the tontroversy. The statement of the progress and present state of the negotiations betw^n the two Governments, communicated by the President of the United States, in his late annual message, would lead us to indulge the hope of a " prompt and satis-' fiwtbry termination of the negotiation," and *' a cerUin and final adjustment of tha limits in dispute." The delays and obstacles, which have appeared to us unrea-' sonable and unnecessary, cannot but still influence our feelings and lead us to moderate our hopes by our experience. If, however, the President has cause to say that there is an undoubted disposition of both parties to bring the matter to an early conclusion, we may, without the charge of being too sanguine in our anticipations, confidently trust that a fair, equal, and honourable proposition for a commission, with finar nowers to end the dispute, will be readily and fully assented to by the English Government, unless there is a fixed determination on its part to bring the matter to the last resort of nations. The time cannot be far distant when the question must assume a more definite shape, either peaceable or warlike ; and much as we may deprecate the awful evils and miseries of war, we ought to be prepared to meet the issue, if such after all is the determination of our opponents, with the firmness of men who feel that they have the right, and who will not yield to threats or force the inheritance of our fathers and the right- ful territory of our State. The unanimity which has characterized our State on this question, in the midst of all our political excitements, is a sure guarantee, thit the people are ready to sustain their rulers in all judicious, temperate, yet firm and decided measures, and that it is regarded by them as too sacred and too •olemn a subject to be made the instrument of any mere party schemes or move- ments. Let us in the spirit of patriotism continue to regard this controversy as one eminently national in its character, involving both our immediate interests as a State and our duty to the whole Union, placed as we nrc in the front line of the disputed ground. Cherishing such sentiments, Maine, in this her great ques- tion, will stand on high and honourable ground, and command the respect and attention to which she is entitled, and secure the aid and protection guaranteed by the constitution. 'fhe survey and scientific examination of the line claimed by us, which wu commenced by the State in 1838, but which has since been suspended, has at last b«en undertaken by the General Government : and from the high character of tli^ gentlemen engaged, we are fully justified in indulging the confident belief that we shall toon have the evidence of competent witnesses, based upon actual examination, and embodied in a formal report, to the existence of those facta which a knowledge of the lews oCn«ted) H. S. POX. No. I9w Mr. Mam to VketutU PmlmtrittM.— {Received itanh 17.) (■itoiH^) IFasAtRSTfea, Fi^nary 24, 19*1. I HBREWfTH tncloHe a printed copy, published in a New York newspaper, of Ae curaory Report which has been made to the United States* Government by tb« American Surveyors, Messrs. Renwick, Graham, and Taicott, of the result ot their labours on the North-Eastem Boundary during the past summer and awlumn. This Report, which is addressed to the Secretary of State, was trans* mitted to Congress,— -at the same time with an application from the President for a further appropriation of money wherewith to pursue the survey during the noxt season, — about ten days ago ; but it has not yet been printed by order of COBgreas, and I doubt whether it was the wish of the novernment that it should be printed or published for the present. The Report ap|>ears to have been given to the editor of a newspaper by the Surveyors themselves, one of whom, Mr. Ren- wick, reside* at New York, and had already, upon a previous occasion, coumH- nieated to the same paper a part of the reitults of his survey. It will he seen that this document does not profess to contain an accurato nnrey of any part of ihe Boundary line, but only a cursory Report or Narmtivo of tbo operations of the Sarveyors as far as they went. ^l,-^.*,-,!/' i.» Enclosure in No. 19. Chraorjr Repmi Jy the Ameriean Surveyor* of their Labours on the North-Fattem Boundary during the Autumn of 1641). THE annexed Roport of the Commiasioners apnointed by the President of the United States, under the Act of 2Uth July last, for the purpose of exploring and surveying the Boundary Line between the States of Maine and New Hampshire and the British provinces, was submitted to Congress on the 9th instant, referred to the Committee on Foreign Relations, and ordered to be printed. REPORT, &c. Sk^ Hew York, Jmuory 6, 1841. THE Coanniasieners baring assembled in this city, in conformity with your imUrs, under date of 29th July, beg leave respectfully to report : — Tkat tho extent of country and the great length of the Boundary Line iadiuded in tbo objeet of their commission would have rendered it impossible to hwe completed tho task assigned them within the limits of a single season. la addition to this pbyxical impossibility, the work of the present year was entered upon under cirrumstances very unfavourable for making any great progress. The law under which they have acted was passed at the last period of a protracted i f im , when nearly half of the season during which workinir parties can be kep in t\m field had elapsed ; and althongh no delay took place in the appointment of \^<».M.>. M . syi? ci;.^ cG csTTy te iiiiO cznrcx, tnc orgsniZtttson oi tnG Oosru "was not strcctcG, in coBaequance of the rt- fusal of one of the Commissionent and the Agent to aecapt of tbair Domnttoa. The Commissioners, acting under these disadTantages, have ^M all that lay is thair ftmn to accowpliih tha graataat praatiMbla aitaMI •f work, and bare obt^ned many ratulu which cannot but be important m tiM axamination of the vesad and imporUnt aueation which hai baen eoaaittai to tbcm ; but aAer having fully and aMturary coniiderad the lubjeet, and hitet^ «han|(ed the raralu of their reapective operation*, they bare come to the eoneindaft that It would be premature to embody the partial reanlta which they have attain«l, m a general report, for the purpose of being laid before the political and nieniifli world. fs The meridian-liae of the St Croix hu not been carried to a distance 4t more than than fifty miles from the monument at the source of that river; and the operations of the other Commissioners, although they have covered a wide extent of country, have fulfllled but one part of the duty assigned them namely, thnt of exploration : while, in the parts explored, actual lurvrys will be necessary for the punrose of presenting the question in such form as can admit of no cavil. In particular, the results ot the examination of the most northern part of the line, appear to differ in some points from the cooclusionc of the late Britiih Commission. Satisfied that the latter have been reached in too hasty a manner, and without a sufficient time having been expended upon comparative obaervatioM, they are cautioned by this example against committin;, a like error. In mpctSt to the argumentative part of the report of the British Conmissionera, the duty'4f furnishing a prompt and immediate reply to such parts of it as rest upon the construction of treaties, and the acts of diplomacy, has been rtDdered far ksi important than it might at one time have appeared, by the publication of the meie important parts of the argument laid before the King of the NMheriands m umpire. This argument, the deliberate and studied work of men who wel understood the sukyect, is a full exposition of the grounds oo which the daim ef the United States to the whole of the disputed territory rests. It has raeei?ed the sanction of successive administrations, of opposite po£itica ; and may, therefofOk be considered, in addition to its original official character, aa approved bf the whole nation. To this nublication your Commission beg leave to refer aa embodying an argument which maj be styled unanswerable. The operations of the parties under the command of the sevenl Commie* ■ioners were as follows : The party under the direction of Professor Benwick left Porthmd ia detachments, on the 26th and 27tb of August. The place of general rendesvous was fixed at Woodstock, or, failing that, at the Grand Falls of the St. John's. The Com-nissary of the party proceeded at speedily aa possible to Oldtown, in order to procure botrts and engage men. Professor Renwidc passed by land through Brunswick, Gardiner, and Augusta. At the former phue barometer No. 1 was compared with that of Professor Cleavehind; at Gardiner, with that of Hallowell Gardiner, Esq.; and arrangements were made with them to keep registon, to be used as correaponding observatiose with tbsM ef the expedition. At Ai«gusto. some additional articles of equipment were obtained from the authorities of the State ; but the barometer which it had bem hoped might h»ve been procured, was found to be unfit for tlw senriee. At Houlton, two tents and a number of knapsacks, widi some gunpowder, weM fumished, by the pulitenesa of General Eustis, from the Goiremment eteses. The boots and all the storea reached Woodstock on the 3d September ; and all the party were coUected, except one engineer, who Imd been left behind at Bangor, in the hopes of obtaioing another barometer ; a bateau was theiefoiv left, to bring him on. The remainder of the boats were loaded, and the party embarked on the St. John's, on the morning of the 4th of September. Thb, the main body, reached the Grand Falfa at noon on the 8th of Septemlier. The remaining bateau, with the engineer, arrived the next evening, having aseended the rapids of the St. Johnis in a time short beyond precedent. On ite arrival it was found that the barometer, on whose receipt reliance had been placed, had not been completed in time; and although, as we learned afterward, it had bees ceramitted, as soon as finished by the maker, to the care oi Major Graham, thn other Commissioners felt compelled to set out before he had joined them. The want of this barometer, in which defects observed in the ethers had been remedM. was of no little detriaseot. ^1 SL'uy Si cigiiiSvta Siyi SmS cccuiifiu lit I'oitifiiiu, iTi ttiMMewMeacii of iise refosal of Messrs. Cleveland and Jarvia to accept their apponMments; and it wwk known ftem the axpeheoee of the Conmissiouen sent mt in 1888 by tin State M if ;^' . 'i in «t Mftine, that it wscid require et leMt three weeks to reach the line claimevl fy the United States from Bangor. It wm, therefore, impcrati»e to push forwarff, anle« the ritk of having the whole of the operationi of thii party puralyied Sy the aettinff in of winter, wai to be encounter nI. It wu aliio ascertained at the Grand Faiii that the ■treimi which were to be ascended were always shallow and rapid, and that, at the i.ioment, they were eitremely low, ao that the boats would not earry more stores than would be consumed within the time required to reach the region assigned to Professor Ren wick as hia share of the duty, and return. It becane therefore necessary, aa it had been before feared it must, tu be content with an exploration instead of a close and accurate survey. Several of the men employed had been at the northern citremity of the meridian line, but their knowJedge was limited to that single object. Inquiry was carefully made for Ejidca through the country between the sources of the Grande Pourche of estigouche and of Tuladi, but none were to be found. One Indian only had passed from the head of Green River to the Grande Fourche, but his knowledge was limited to a single path, in a direction not likely to shed any light on the ob|ect of the Commixsion ; he was however engaged. The Frc/ich hunters of ludawaaca had never penetrated beyond the sources of Green River : and the Indians who formerly resided on the upper waters of the St. John's, were said to have abandoned the country for more than twelve years. The party waa now divided into four deuchmenti ; th« first to proceed down tba Restigoucne, to the tide of the Bay of Chaleurs ; the aecond to ascend the Grande Fourche of Restigouche to it* source ; the third to be Uationed on Green River Mountain ; the fourth to convey the surplus stores and heavy baggage to Lake Tumiscou'tta, and thence to ascend the Ti.ladi and Abagusqoash, to the ikighert aecessible point of the latter. It wu resv^lved that the second and fourth detachments should endeavour to cross the country, and meet each other, follow- ing aa far as possible the height of land. A general rendeivous was again fixed ■t Lake Temiscouata. In compliance with this plan, the first and second detachments ascended the Grand River together, crossing the Wagansia portage, and reached the confluence of the Grande Fourche and south-west branch of the Restigouche. The first detachment then descended the unit«d stream, returned by the same courae to the St. John's, and reached the portage at Temiscouata on the 7 th October. All the intended objects of tne detachment were happily accomplished. llie second detwshment, under the personal direction of the Commissioner, rcMhed the junction of the north and south branches of the Grande Fouivhe on the 22nd September. Two engineers, with two men to carry provisions, were then despatched to cross the country to the meridian line, and thence to proceed westwura to ioin the detachment at Kedgwick Lake. This duty was performed, and many valuable observations obtained ; but an accident by which the baro- meter was broken, prevented all the anticipated objects of the mission from being aiuiomplished. All the stores which could possibly be spared were now placed in a depdt at the junction of the south branch, and the Commissioner proceeded with the boats thus lighteccd toward Kedgwick Ijike. The iightening of the boats was ren- dered necessary in consequence of the diminution of the volume of the rivvr and the occurrence of falls, over which it would have been impossible to convey them when fully loaded. For want of a guide, a branch more western than that which issues from the lake was entered. One of the boats was, theirefore, sent round into the lake, to await the return of the engineers dispatched into the meridian line. The stores, which were all that could be brought up in the state of the waters, were now found to he wholly insuflScient to allow of comuiitting the party to the unexplored country between this stream and Tuladi. Even the four days which must intervene before the return of the engineers could he expected, would do much to exhaust them. The Commissioner therefore resolved to proceed acrou the country, with no other rompanion than two men, carrying ten days' E>visions. It was hoped that four or five days might suffice for the purpose ; t ten, of great toil and difficulty, were spent before Lake Tuladi was reached. The remainder of the detachment, united by the return of the engineers, «s«*CuuSCS ^itC nosxn ^rMiacn ui Zuc xjitmuw Fuurcnc, to tuc juuCliOu oI llie svuiii Wnch, ascended the tatter, and made the portage to Green River. In this the beats were completely worn out, and the last of their food exhausttd, just at 57 tbe roooiant that lupplMi, itnt up,tk« Green River to nwet them, arrived «t their amp. i, No arnngement which could have been made would have lufflced to preveal tbe I ilk of famiDe which wai thut vncuuaterfd i>y the lecond drtschniuitt. A greater number of boat* would have miuircd more nieo, and those would have eaten all they could have carried. No other actual aufferinE, but great fatigue and anxiety, were encountered ; and it i« now obvioua, that, had the rains, which were to abundant during the first week of October, been snow (as thoy ^me* tiroes are in that climate,) there would have been a risk of tlie detachment perishing. The third detachment reached their station, on Green River Mountain, on the 13th September, and continued there until the 12th of October. A full set 9f barometric observations was made ; the latitudes well determwied by numerous nititudes, and the longitudes approximately by some lunar observations. The fourth detachment, after depoaiting the stores intended for the return of the party in charge of the British Commissary at Fort Ingaii, who politely under* took the care of them, ascended whe Tuladi, and taking the northern branch, reached I^ke AbHgti.squash. Here one of the engineers wounded himself severely, and was rendered unfit for rty moving on the eaatem section, would be to draw proviiiona and itorca from the Rt. Ijiwrence. It ii, indeed, now obvious, althou|{h it ia contrary to the belief of any of the pcraoni profcwiiiff tu be acquainted with the lubject, that liad the Commiaaioner proceeded from New York, by the way of Montreal and Quebec, he might have reached the district assigned to him a fortnight earlier, and accomplished twice aa much work aa hia party wu able to perform. Although much remaini to be done in thia region, an extensive knowledge of country hitherto unknown and unexplored hu been obtained; and this not only sheds much light upon the Boundary Queitinn in its present state, but will be of permanent service in case of a farther e.t parte exammation, or of a joint commission being agreed upon by the (lovernments of Great Britain and the United States. The season was too late for any efficient work, at the line to be explored was not reached before the 22nd of September. Not only were the rivers at their lowest ebb, but ice was met in the progress of the parties, as early as the 12th of September, and snow fell on the 2 lit and 22nd of September. The actual setting in of winter, which sometimes occurs in the finit week of October, was therefore t" be dreaded. From this time the country becomes unfit for travcliing of any description, until the streams arc bound with solid ice, and a crust formed on the snow of sufficient firmness to make it passable on snow-shoes. The only road is that along the St. John's River, and it would be almost impossible fur a party distant more than ten or twelve miles from that stream to extricate itself aflcr the winter begins. No duty could be well imagined more likely to be disagreeable than that aMtgncd to Professor Ren wick. The only feasible modes of approach lay, for hundre:ur:isjj it tv iis suuit-c. t tsc iicAt .snjr n — "-. discovered that what had been taken for the Mcgalloway was a tributary of Salmon River, a large branch of the St. Francis ; and consequently the party was considerably to the north of the boundary. ii Tha supply of provui«ni did not allow iUt |)«rty to retrtoo iU (t«p« to Uie point where it bad oivergod from the true dividing ridgo. llieeoune wm tber*- fore changed until it bore a little south ; but it waa not until the 2'ind that Uw party fuuiid itielf again on the dividing ridge, and then upon the waten of tbe Mvgallowar. The party reached AninM River, or Chaudi^re, above Lake Megantie, on the 24th Scptcmbur. After having recruited, and taken a freth supply of pro- viiiions froiu the depict catablithcd tncru, the party waa divided into two detach- aacati. One returned westward, to lind the corner of the State of New I lump- ahirc, as marked by the Coromission in 1789, appointed to trace the Boundary Line. It waa there aacertained that the comer waa on the true dividing ridge, and not from eight to ten miles south, as has been erroneously reported by the surveyor employed by the New Hampshire Commissioners in 1836, and reite- rated ill several officiHl papers. From the State corner, the dividing ridge was followed to where it hau In ii previously explored by the party. Thence a course was taken north-east, so as to reach the head of Lake Megantie, and thence to Lake Megnumac, where, on the 8th October, the two detachments were again united, 'llic detachment led by the assistant, Mr. Gutts, had sucoeufully fol- lowed the dividing ridge from the camp of the 24th, on Arnold River to this place. It was now ascertained that the provisions remaining were not sufficient to subsist ull of the company until the Kennebec road could be reached by following the height of land. It was found advisable again to separate into detachments, — one to follow the ridge, supplied with provisions for twenty days, and the other to strike for the nearest settlement, which it waa supposed could be reached in four or five days. This movement commenced on the lOth of October, and the detachment, following the high land, reached the Kennebec road on the 23rd ; and on the following day, proviNions for the party for fillccn days were placed there, and a like quantity at the mouth of the Metjarmettc. It was intended that the two detachments should move simultaneously from these two points on the 2Gth, to explore the Boundary Line as far as Lake Etclicmin. A deep snow, which commenced failing on the night of the 25th, compelled the Commissioner to abandon farther exploration at that time ; and there was not the slightest probability that they could be resumed before another year. The result of these explorations may be stated as follows ; — About IGO miles of country along or near the " height of land " have been traversed, the travelled distances carefully estimated, and the courses measured with a compass. Barometrical observations were made as often as necessary for ?iving a profile of the route from the bead of Hall's stream to Arnold's, or the ;;iiaudit!rc river, and thence to Lake Me^aumac, vid the corner of the State of New Hampshire. Some farther barometrical observations were made between this lake and the Kennebec road, — but, for a portion of that distance, the baro- meter was unserviceable in consequence of air having entered the tube. Astro- nomical observations were made as often as there was an opportunity, but, owing to the prevalence of clouds, not as often as was desirable. They will serve for correcting the courses and estimated distances as travelled. Barometrical obser- vations for comparison were made at the intersection of the Kennebec road and height of land, hourly, from seven a.m. to five i'.M., while the parties were on the dividing ridge. The omy discovery of interest made by this party, is, that the Megalloway river does not head any of the branches of the Connecticut, as it was generally believed it did ; and, consequently, our claim to Hall's stream is deprived of the support it would have had, from the fact that all the other branches were headed by an Atlantic river, and, consequently, could not be reached by the line along the height or land from the north-west angle of Nova Scotia. The other Commissioner (Major J. D. Graham) did not receive his appoint- ment until the 16th of August, to till the place left vacant by the non-acceptance of Professor CIcaveland ; aud to him was assigned the survey and examination of the due north line, commencing at the source of the River St. Croix, and extend- ing to the highlands which divide the waters that flow into the River St. Law- rence, from those which flow into the Atlantic Ocean. Immediately after receiving his appointment, he took the necessary steps for organizing his party; and, in addition to two officers of the corps of topographical 12 w il engineers, assigned to him hj the commandant of the corps of this service, he oalihd to his aid two civil enghieers possessing the requisite qualifications for the duties to be performed. So soon as the requisite instruments could be procured «nd put in proper order, he left New York for Portland. Maine, where he arrived on the 5th of September, expecting there to join his colleagues of the Commission. They had, however, proceeded to the points designated for the commencement of their respective duties; the season being too far advanced to justify their incurring any further delay. At Portland, a short conference was had with Mr. Stubbs. the agent of the State Department, who furnished the necessary means for procuring an outfit for the party, in provisions, camp equipngc, &c. The party then proceeded to Bangor, where it was occupied until the 12tb, in procuring the necessary supplies of provisions, camp equipage, transportation, &C., to enable it to take die field ; and a few astronomical observations were made here for the purpose of testing the rates of the chronometers which were used upon this service, as well as of obtaining additional data for computing the longitude of the place, which, together with the latitude, had been determined by the Commissioner, by a very near Approximation, in the summer ufl 838, while occupied upon the military reconnoissance of the north-eastern frontier. Ob the 12th, the party left Bangor for Houlton, >fvhere it arrived on the evening of the 13th. A depdt of provisions was esublished here, for supplying the line of their future operations, and the services of the requisite number of men, as axe-men, chain-bearers, instrument carriers, &c., were engaged. Pending these preparations, and the time necessarily occupied in cutting a roadway through the forest from a convenient point on the Calais road, to the monument at the source of the River St. Croix, a series of astronomical observa- tions was made, both by day and by night, by which the latitude and longitude of Houlton were satisfactorily determined, and the rates of the chronometers farther tested. By the 24th of September, the roadway was sufficiently opened to permit a camp to be established upon the experimental meridian line traced by the United States' and British surveyors in the year 1817, when an attempt was made to mark this portion of the boundary between the two countries, agreeably to the provisions of the Treaty of Ghent of 1815. The provisions and camp equipage were transported upon a strong, but roughly-constructed sled, drawn by horses, while the instruments were carried by hand ; the surfiu» of the country over which this roadway was opened being too rough for any wheel vehicle to pass. The point clecided upon as the true source of the River St. Croix, by the United States' and Britidh Commissioners appointed for that purpose, under the 5th Article of the Treaty of 1794, was found and identified, both by the inscriptions upon the monument erected there to mark the spot, and also by the testimony of a living witness of high respectability, who has known the locality since it was first designated by the Commissioners under the Treaty of 1794. The avenue, which hati been cleared through a dense forest from the monu- ment to a distance of twelve miles north of it, by the surveyors in 1817, wu easily recognised by the new and thick growth of young timber, which, having a width of from forty to fifty feet, now occupied it. Axe-men were at once set at work to re-open this avenue, under the supposition that the due north line would at least fall within its borders for a distance of twelve miles. In the mean time, the first astronomical station and camp were estcbliithcd, and the transit instru- ment set up at a distance of 4,578 feet north of the monument upon an eminence 45^ feet above the level of its base. This position commanded a distinct view of the monument to the south, and of the whole line to the north for a distance of eleven miles, reaching to Park's Hill. While the work of clearing the line of its young growth of timber was pro- gressing, a series of astronomical observations was commenced at this first camp, and continued both day and night without intermission (except when interrupted by unfavourable weather j with the sextants, the repeating circle of reflection, and the transit instrument, until the latitude and longitude of the monument and of this first camp were satisfactorily ascertained, and also the direction of the true meridian from the said monument, established. For this hitter purpose, several ubKrvations were in the first place made upon the polar sUr (Alpha Ursac JjGnoriO when at its greatnt eaitem diurnal elongttion ; and the air»cti6n thus obtamed was afterwards venfied and farther corrected, by numerous transit observations upon stars passing the meridian at various altitudes both north and t^« .; f f / ^^ 11 ^J^t '*"*' -""Jtiplif d >^ith every degree of care, and wkh the aid of four excellent chronometers, whose rates were constantly tested not only by the transit observations, but also by equal altitudes of the sun in' the day, to correct the time at noon and midnight, and by observed altitudes of east and west stars, for correcting the same at various hours of the niirht The direction of this true meridian, as thus established by the Commissioned^ \ was found to ▼ary from the experimental line traced by the surveyors of 1817 \ by running in the first place to the west of their line, then crossing It, and after- ward deviating considerably to the east of it. ,»"u«i.cr ij d,95J feet north of the first camp, or 7 miles and 3,240 feet north of the monument, it found itself sixty feet to the west of the line of 1817. ThU appeared to be the maximum deviation to the west of that line, as near as its trace could be identified, which was only marked by permanent objects recojrnixed by the party, at the termination of each mile from the monument. Soon after passing this station, the line of I8I7 was crossed ; and the party did not afterward touch It, but deviated more and more to the east of it as it progressed north; but by an irregular proportion to the distance advanced. In order to obtain a correct profile or vertical section along the whole extent of this meridian-Iine, m the hope f furnishing data for accurate comparisons of elevations, so far as they might ■ considered relevant to the subject in dispute between the two Governments, and also to afford an accurate base of comparison for the barometers along an extended line, which must traverse many ridges that will be objects of minute exploration for many miles of lateral extent, an officerl was detailed to trace a line of levels from the base of the monument, markinir the\ source of the River St. Croix, to tide-water, at Calais, in Maine, by which means \ the elevation of the base of the monument, above the planes of mean low and mean high water, and also the elevation of several intermediate points of the Kiver St. Croix on its expanded lake surface, have been accurately ascertained. Another officer was, at the same time, charged with tracing a line of levels from the base of the same monument along the due north line, as marked by the Commigsioner, by which it is intended that every undulation, with the absolute heights above the plane of mean low water at Calais, shall be shown alone the whole extent of that line. ^ . At Park's Hill, disUnt nearly twelve miles from the monument, a second station for astronomical observations was established, and a camp suiuble for that purpose was formed. On the 26th day of October, while occupied in completing the prolongation of a meridian line to that point, and in establishing a camp there, the party was visited by a snow storm, which covered the ground to a depth offour inches in the course of six hours. This was succeeded by six days of dark, stormy weather, which entirely interrupted all progress, and terminated by a rain, with a change to a milder temperature, which cleared away the snow During this untoward event, the parties made themsehes as comfortable as prac- ticable in their tents, and were occupied in computing many of the astronomical and other observations previously made. On the 2nd of November, the weather became clear, and the necessary astronomical observations were immediately commenced at Park's Hill. From this elevated point, tho first station could be distinctly seen by means of small heliotropes during the day. and briglit lights erected upon it during the night. Its direction, v.ith that of several intermediate stations due south of Park's Hill, was verified by a new series of transit observations upon high and low stars, both north and south of the zenith. By the same means, the line was prolonged to the north. ° In one week after commencing the observations at Park's Hill, the weather became again unfuvourable ; the sky was so constantly overcast as to preclude all astronomical observations, and the atmosphere so thick as to prevent a ^iew to the north, which would permit new stations to be established with sufficient accu- racy ill that direction. Unwilling to quit the iieiU wiiiie there was a prospect of the weather becoming sufficiently favourable for the party to reach the latitude of Mars' Hill, or even proceed beyond it, it was determined that some of the party should continue ra t^e tents, and there occupy themselves with such caloulations ,m| m ought to b* maim brfow quittiag the field. The ofikew charged with tW line ef levels, end with the ncennownncai in edvance for the lelectien of new poutiont for lUtioni, continued their Uboun in the field, notwith«tMding tlig were frequently espoied to idight rain and mow storms, «s these portion* of the work could go on without a dear sky. , • u • - ---u On the 13th of NoTewber a severe snow storm occurred, which, in a single ■iffht and a portion of the following morning, covered the surface of the whole country, and the roofs of the tentt. to a depth of sixteen inches. The northera extramity of the avenue, which had been cleared by the surveyors of 1817, was now reached, and. in addition to the young growth which had aorung «P «no| that period upon the previous part of the line, several miles had been ctearea throujth the dense forest of heavy timber, in order to proceed with the Jina ot levels? which had reached nearly to the Meduxnukeag. The depth of snow now on the ground rendered it impracticable to conUnue the levelling, with the requisite accuracy, any farther; and that part of the work was accordingly sus- pended for the season. The thermometer had long since assumed a range ratending during the night, and frequently daring a great portion of the day, to many degrees below the freeaing-point. ,. , ., , ,. ^u ^e The highlands bordering on the Aroostook, distant forty miles to the north ot the party were distinctly seen from an elevated position, whenever the atmosphere was dear; and a long extent of intermediate country, of inferior elevation to the position then occupied, presented itself to the view with the two peakt of Mars Hill risinjf abruptly above the general surface which surrounded their base. Ihe eaatem extremity of the base of the easternmost peek was nearly two d^rees ot are, or nine-tcnths of a mile in space, to the west of the line as it passed the same "l\) erect sUtions opposite to the base of Mars' Hill, and upon the heighU of the Aroostook, in order to obtain exact comparisons with the old line at these poinu. were considered objects of so much importance, as to determine the Com- miasioner to continue the operations in the field to the latest practicable period, in hopes of accomplishing these ends. , . • »• .,,:»„ On the 18th day of November the party succeeded in erecting a station opposite Mars' Hill, and very near the meridian line. It wm thus proved that theline would pass from nine-tenths of a mile to one mUe east of the eastern extremity of the base of the nonh^easternmost peak of Mars' Hill. On the 30th of November, a series of signals was commenced to be inter- chanced at night, between the position of the transit instrument on Parks Hill and the highlands of Aroostook. These were continued at intervals, when- ever the weather was sufficiently clear, until, by successive approximations, a atation was, on the 9th of December, established on the heights one mile south of that river and on the meridian line. The point thus reached u naore than hfty miles from the monument at the souree of St. Croix, as ascertained from the land surveys made under the authority of the States of Maine and MassachusetU. The measurements of the party could not be extended to this last point, owing to the depth of the snow, which Uy upon the ground since the middle ot Novem- ber • but the distance derived from the land surveys must be a very near approxi- mation to the truth. A permanent station was erected at tlie posiUon established on the Aroostook heights, and a measurement made from it, due west to the experimental or exploring line of 1817, by which the party found itself 2,400 feet to the east of that line. . . , Between the Ist and 15th of December the observations were carried on almost exclusively during the night, and frequently with the thermometer from sero to ten and twelve degrees below that point by l-ahrcnheit s scale. Although frequently exposed to this temperature in the performance of their duties in the open air at night, and to within a few degrees of that temperature during the hours of sleep, with no other protection than the tents and camp-beds commonly used in tht army, the whole pirty, both olficcrs and men, enjoyed excellent During the day, the tenta in which the astronomical computations were carried on were rendered quite comfortable by means of small stoves, but at a few degrees of that of the outward air. Within the observatory tent, the com- fort of a Are could not be indulged in. inconsequence of the too great liability to produce serious errors of observation by the smoke passing the field ot the tela- iwpe. The Mtronomieal obwrvatioiw wen therafote alw»n made in the onea m. or in I tent open to the heamu at the top during the hoim of obwmtion Md without a fin* ' *!. «^ f^ l®*** **^ I^ecember the t«Dt« were strock. arid thia party ntind fnm the field for the aeason; then being then mora than two feet of mow on the ground. To the unnmitting leal. amidit aeyere exposures, and to the scientific and practical attainments of the officers both civil and railitary, who served under the orders of the Commissioner on this duty, he acknowledges himself in a sreat neasure indebted fcr the progress that he was enabled to make, notwithsUf^ac the many dimcnlties encountered. ^ Observations were made, during portions of three lunations, of the transit of the moon's bright limb, and of such Ubuhted stan as differed but little in right ascension and declination from the moon, in order to cbuin additional data to those furnished by chronometrical comparisons with the meridian of Boston for computing the longitude of this meridian line. ' „.„ ^* . ''"* station, 4,578 feet north of the monument, and also at the Mark's Hill station, the dip of the magnetic needle was ascertained by a series of obser- ^tions: in the one case upon two, and in the other upon three separate needles. Ihe honsonul declination was also ascertained, at both these sUtions, by a fuU set of observations upon six difierent needles. The details of these, and of all the astronomical observations alluded to, will be prepared as soon as practicable for the use of the Commission, should they be required. To his Excellency Majoi-General Sir John Harvey, K.C.B., Lieuten- ant-Governor of the province of New Brunswick, Major Graham acknowledges himself greatly indebted for having, in the most obliging manner, extended to h.m every facility within his power for prosecuting the examinations. From Air. Connell, of Woodstock, a member of the Colonial Pariiament, and from Lieutenant-Colonel Maclauchlan, the British land-agent, very kind attentions were received. Major Graham has also great pleasure in acknowledging his obligations to General Eustis, Commandant of the Eastern Department ; to Colonel Pierce commanding the garrison at Houlton, and to his officers; and also to Major Ripley, of the ordnance department, commanding the arsenal at Augusta, for the prompt and obliging manner in which they supplied many articles'useful in the prosecution of the labours of his party. The transit instrument, with which the meridian line was traced, had been loaned to the Commissionen by the Hon. William A. Duer, President of Colum- bia College, New York; and the Commissionen feel bound to return their acknowledgments for the liberality with which the use of this astronomical instru- ment was granted at a time when it would have been difficult, and perhaps impossible, to have procured one as well suited to the object. All which is respectfully submitted. JAMES RENWICK, > JAMES D. GRAHAM, > Commisaionert. A. TALCOTT, > Hon. John Fortytk, Secrttanf of State. No. 20. Mr. Fbx to Viscount Palmenton.— {Received April 16.) % Lord, Washington, March 15, 1 84 1 . I IIKREWITH inclose the printed copy of a Report from a Committee of the State Legislature of Maryland, upon the present state of the North-East- ern Boundary Question, The Report was presented at the session of this voar. nnw rocnntlu <.Iniia/l an Kruinl. .«:»... ...u:«l. :<. 1...1 u.. mending, vrere adopted by the two houses of the Legislature. These doqnments profess to support, with the usual American arguments and assertions, the right of the State of Maine to the whole of the territory 64 in question, but conclude with recommending a settlement of the dispute by negotiation or compromise, rather thatn by war. They contain nothing either Slew or particularly worthy of remark, but have attracted some attention m this country in consequence of the Report being drawn up by Mr. Howard, of Baltimore, now a Senator of the Sute LegiJlature of Maryland, but who for some years past, and until the last year, was a member of Congress from Maryland, and Chairman of the Committee of Foreign Affairs of the House of Representatives. Mi. Howard is an adherent of the defeated Van Buren party, and has lately been delivering public lectures to a Mechanics' Institute at Baltimore, upon the subject of the Boundary dispute, in a tone of great animosity against Great Britain. I hare, &c. (Signed) H. S. FOX. f'f \< Inclosure in No. 20. Report of the Select Commttee of Maryland, to whom were referred Resolutions of the States of Maine, Indiana, and Ohio, in relation to the North-Eastern Boundary. THE Resolutions pf the State of Maine are as follows: — " Resolved, That the |>atriotic enthusiasm with which several of our sister States the past year tendered us with their aid to repel a threatened foreign inva- sion, demand our grateful recollection, and whilst this spirit of self-sacrifice and sclf-dovotion to the national honour pervades the Union, we cannot doubt that the integrity of our territory will be preserved. • t i /-i " Resolved, That the promptness and unanimity with which the last Con- gress, at the call of this State, placed at the disposal of the President, the arms and treasures of the nation, for our defence, the firmness of the Executive in sus- taining the action of this State, and repelling the charge of an infraction of the arrangement made with the British Lieutenant-Governor in March last, and charging back upon the British Government the violation of that agreement— their decision in demanding the ren-oval of the British troops now quartered upon the disputed territory as the only guarantee that they sincerely desire an amicable adjustment of the Boundary Question, afford us confident assurance that this Sute will not bo compelled single-handed to uke up arms in defence of our ter- ritory and the national honour, and that the crisis is near, when this question wil^ be settled by the National Government, either by negotiation or by the ultimate resort. , ^ , . , .. • •' Resolved, That unless the British Government, during the present session of Congress, make, or accept a distinct and satisfactory proposition for the imme- diate adjustment of the Boundary Question, it will be the duty of the General Government to t«U? military possession of the disputed territory ; and in the name of a sovereign Sute, we call upon the National Government to fulfil it? constitu- tional obligations to establish the line, whith they have solemnly declared to be the true boundary, and to protect this State in extending her jurisdiction to the utmost limits of our territory. " Resolved, That we have a right to exi)ect the General Government will extend to this member of the Union, by negotiation or by arms, the protection of her territorial rights, guaranteed by the federal compact, and thus save her from the necessity of falling back upon her natural and reserved rights of self-defence and self-protection— lights which constitutions can neither give nor take away ; but should this confidence of a speedy crisis be disappointed, it will become the imperative duty of Maine to assume the defence of our State and national honour, and exjiel from our limits the British troops now quartered upon our territory. . , . r i. " Resolved, That the Governor be requested to torwaid copies of these reso- lutions to the President and Heads of Departments, and to the Senators and them before the respective bodies of which they are members, also to the Govern- ors of the several States with a request to lay them before their several Legislatures." •A- 19 65 The Legtalature* of Ohio aod Indiana have paued reM>iutiont mnoniiTe to th« above; exprewing hope, that the dispute Ut*^„ the United S" and Great BnUm will be amicably settled, but tendering "the wE mean lH r'S3ltuT"''" ^**'" *° *''* '"*•'""*•" °'**^«' U"'"» .-n .usSSgonr Invited by the State ofMaine to exprcM an opinion upon a -ubiect deenlr jntereatrng to that State and al«, to the Ijnited State,, the XegialSe of ffi iSrifTl '^" TK** P^P™*^ I"-''" »ft«r a careful examination ntot^? merittof the ca.e. The question is one which cannot be clearly understood rnhr^finl^T w kT,™"' -^n r^?' »»•* «'•'*'•'• when disemS S of the refinements wh-ch diplomatic subtlety has thrown around it is easily inteU liable. It IS the intention of the Committee to give a succinct rtatem"nt of the different v,2ws enterta ned by the GovernmenU o'^f the United Statt and Grlat Britain, without entering into the details of the arguments by which theySre SZuir'"""^: ^"'^^^ • ?'"™^ '^""''^ be^^equisite instead of RrS- nary limits of a report. Nothing, however, which is deemed material to a fai- exposition of the case, will be intentionally omitted. Three maps Vre annexed to^the Report, without which the Committee could not make themselves undJS The Second Article of the Provisional Treaty of Peace executed on the 30th ofNovember 1782 and the Second Article of the Definitive Treaty of P^e sSr* ■ 'uH' ""* "J"^ language m describing the boundaries of tLunit^ Mates, *«•:-•' irom the worth-west angle of Nova Scotia, viz., that angle which IS formed by a line drawn due north from the source of the St. Croix rifer ro the highlands; along the said highlands which divide those rivers that emotv them- seFyes into the River St. Lawrence from those which fall into the Atlantic Ocea" ll *i^n°';t''-'»e«t«™""»l'""'' »f the Connecticut river," &c. ; and after tracine the boundary round to the north and west, the description concludes with tf eastern line « follows :_" East by a line to be drawn along the middle of he IZf^t •?"""' ^""^- '""i ""'"*\ '" l"** ^y °f *'"°d? to its source! and from from Its source directly north to the aforesaid highlands which divide St'irZicJ-' "'*' '°'^""*"™"*^^^^ '■'" '"'° "heSr « -i.^*"^ *'"** t"* "*''*' y** heen traced and marked upon the surfiioe of the of Nov. wrnff*'!^T T"" "^ *•"" ^""f^ ^'''''' ""«* north-western part of Nova Scotia offered few inducements to settlers, on account of the compara^ve unprod„ct,vene«iofthe8o.l. The people of Massachusetts and Maine mSved td the fertile regions of the west, and those who desired to settle in the British domimons passed on to I>,wer or Upper Canada. No practical inconvenience TkI'iI? ."•/?" ^^ '^^ '""* f P'^"** knowledge as to the actual position of U^e Boundary Line, except on the seaboard, where the population was more dense Toremovethisdifliculty.theVth Article of the Treaty of 1794 reciteT-tha doubts hcd arisen what river was truly intended under the name of the River St Croix, mentioned in the Treaty of Peace, and forming a part of the boundar,; !k m".?^'"^*'' ■""** P.™y'«'e» for the appointment of three Commissioneiti who should be sworn impartully to examine and decide the said question." Both nations agrwd to "consider such decision as final and conclusive, so as that the wme should naver thereafter be called into question, or made the subject of dispute or difference between them." j v. «. In execution of this Article a Board of Commissioners was app'>inted. who not only decided which was the true bead of the St. Croix, but piLd a monu- ment there, which has, until the last few months, been admitted c.i all sides to ^ the place of departure in running the Eastern Boundary Line of the United S V i' J P""* " Mesin. Featlierstonhaugh and Mudge proposes ti, t'-ie British Government to rescind all its action under that Treaty, alleging that the Commissioners erred in thair decision. Of that Report it will be nwessary to speak more particularly hereafter, and it is alluded to here only to express the surprise which is felt that any public functionaries of the Government of Great -. .. -.,...„st. -jcixov.—iciy .uauc lo tnat uoveiiiiiielii such a reciiless proposal. a IS now more than forty years since that monument was erected, under a guarantee from Great Britain that the decision should never thereafter be called into question or made the subject of dispute or difference between the two nations. If the theory of Messrs. Featherstonhaugh and Mudge will not stand, K ?l^ tfi coiuistently with the continuance of the monument, it Is the theory and not the nonumrnt which mmt be remored. Tlw T««ty of Ghent, signed on *he 24th of December, !8!4, fn its Vth Article, ifter reeiting tliat " neither that point of the hi|jhlaBdg lying due north horn the source of the River St. Croix, and designated m the former Treaty of Peace between the two Powers as the north-west angle of Nora Scotia, nor the north-wertemroost head of Connecticut river had yet been ascertained, nor that part of the boundary line between the dominions of the two Powers which •xtends from the source of the River St. Croix, directly north, to the abore- mentione whi,;h fall into the Atlantic Ocean," had been surveyed, j»rovided for the appointment of Commissioners to ascertain and determine the points above* nienti(>ne ; :■■> be hopeless; but afterwards agreed to the proposition of the American GovMitment to institute a new survey, coupled, however, with a condition that the Co'.i,Mis«ioners should be instructed to con- aider Itie 31. Joiiii » Iliver, aa not being o:.c -;bh einpiJcu liscsr iriic tirc --itisnttC Ocean. It was in vain that the Amencan C- .vornment remonstrated against this, as rer^uiring a preliminary abandonment « ;►? whole argument ; the condition I'l^^Af p iBtnted upon, ontil the 4iiturbtncei upon the frontier, in Februwy, 1839. mch, i« a Note from Mr. Fox to Mf. For.yth, containing the iWiowiag eictrwt :-- « Mr. nm to Mr. Hifwfth. " JbiM 23 184d i?„J»V^.LyH*"iSr!^.'* Mcordingly initructed to 8Ute oiBcially to Mr! for7 tl tl/' Majesty's Gotemment coiwent to the two principle! which torm the main foundation of the American Counter-Draft, namely -first that the Commission to be appointed shall be so constituted as necessarily to lead to a final settlement of the question of Boundar:/ «' "sue between the two countrler ' and. secondljr, that in order to secure such a result, the Convention by which the Commission is to be created, shall contain a provision for arbitration upon .points, as to which the British and American Commissioners may not be able to agree. ' ™.r»l'"l-%^"^'""??*''*"' ''•'"'^''-^'' '""^'''cted to add, that there are .nany mJnt LLtX't"" tc ""'"" ^""»'^^-^»" -"^'^^ H«r Majesty's Govern^ This prospect of a final settlement is far from being satisfactory The matters of detail " which " Her Majesty'c Government cannot adopt," may be spun out by diploniatic finesse to an inextinguishable lengtn. All the practical good which Great Britain could derive from the ownership of the soil, she draws from Its possession under the existing temporary arrangement between the two Governments. The road from the Capital of New Brunswick to Quebec passes through the corner of the Disputed Territory, and the right of transit constitute* Its chief value. As long, therefore, as Great Britain enjoys under a temporarv understanding all the benefit which an ultimate settlement in her favour codd bestow. It IS her policy to protract the negotiation. She has all the advantajres of success without the hazard of loss. It is to be apprehended that " matters of detail will be discussed until they become matters of substance. In the mean time, the population of the State of Maine is spreading over a portion of the disputed terntoi-v. The geological investigations of that State have shown that the Aroostook River waters some of the finest lands in the State. Rouds are constructed from the seaboard northwardly into tliese fertile regions and settle- ments are extending. The danger of border conflicts is annually 'increasing • armed bodies ot men are near each other, with mutually exasperated feelinas' Men who will live in the woods, enduring the severity of a northern winter, and lollow a pursuit pregnant with danger to life, are apt to be constitutionally brave This 1. the case with the lumber-men of Maine. They transport upon the snow to tlie banks ot the frozen streams the lumber which they have prepared in the forest, and wait until those same snows, by their melting, swell the rivers suffi ciently to float down their hardly acquired property to a market. This sort of life invigorates men's bodies and courage, but endangers the peace of a disputed frontier. A chance affray which may happen at any time would be likely to result in loss of life ; and if blood once be shed it will be difficult, if not impos- sible, to assuage the popular feeling. With a strong desire to preserve peace on the part of the Governments and people of the United States and Great Britain still they are m too much danger of accidental collisions between the inhabitants of this border, which they may find themselves unable to restrain. A war between the United States and Great Britain is an evil greatly to be deprecated It would be an arduous bloody, and long struggle. The Eastern States, instead ■ . m^ °^*^' ^^'"''" "P"" ''"* Bonndary Question be the foremost in the hght. The whole northern frontier of the United States is in an inflammable condition, and would cheerfully respond to a call of their Government; whilst upon the seaboard, the modern improvements in war vessels and gunnery would spread^ the horrors of war over our extensive Atlantic coast. The peculiar situa- ttun ui iriiiryi.'iria innst causo its Legislature to luok with great anxiety upon any question which is calculated to jeopai-d the peace of the country. In a question of national honour there is no room for choice or hesitation ; neither in the course which Great Britain has pursued in her negotiation with the United States nor K2 >. J !;• 66 m the multitude of diiciplined troops which she hai ipread orer our northern frontier, nor in the eitabhihment of a ipeedy communication bj (team between England a.id the provinces; a communication which the good people of Borton have hailed with such pleasure, unobsenrant of the motives which nave led to its btroductiun, can the Committee see any purpose but that of resolutely main- taining the supremacy of Great Briuin over her North American provinces, and the enjoyment of the military road between Halifax and Quebec. In this attitude of things, the Legislature of Maryland look upon the prospect before us with deep interest. The geographical position of our State makes it more than commonly vulnerable; we have a rignt, therefore, to express our opinions frankly to the SUte of Maine and to the Federal Government. To do this with pro- priety, it becomes necessary to re-examine the Boundary Question carefully, and see whether national prejudices may not have influenced the opinion of the State ot Mame u to her righu. The first mention of our northern boundary is found in the 2nd Volume Ci the " Secret Journal of Congress," page 133, under the date of February 23, 1 779, in a Report of a Committee, of which Mr. G. Morris was chairman- — ^ " Your Committee are of opinion that the following Articles are absolutely necessary for the safety and inoependcnce of the United States, and therefore ought to be insisted on as the ultimatum of these Sutes. i. That the bounds of the United States be acknowledged ind ratified as follows : Northerly by the ancient limits of Cana(^a, as contended for by Greet Britain, running from Nova Scotia south-westerly, west, and north-westerly to Lake Nessessing, thence a west line to the Mississippi ; easterly by the boundary settled between Massachusetts and Nova Scotia; southerly, &c." After discussing the Report of this Committee, Congress adopted (March 19, page 138,) a more precise description of the northern boundary, in which the north-west angle of Nova Scotia first makes iu appearance, with even more perspicuity than is found in the Treaty itself. " Congress took into considcjation the Report of the Committee of the whole, and agreed to the following ultimata: — 1. That the thirteen United Sutcs, are bounded, north, by a line to be drawn from the north-west angle of Nova Scotia, along the highlands which divide those rivers which empty them- selves into the River St. Lawrence from those which fall into the Atlantic Ocean to the north-westernmost head of Connecticut River, thence, &c., ard east, by a line to be drawn along the middle of St. John's from its source to its mouth in the Bay of Fundy, or by a line to be settled and adjusted between that part of the State of Massachusetts' Bav, formerly called the Province of Maine, and the colony of Nova Scotia, agreeably to their respective rights, &c," The offer here made of varyi.ig the boundary sn ixs to make the St. John's River the line, from iU source to ite mouth, has Lcen recently repeated to the British Government, but then, as formerly, declined. The alternative proposi- tion was carried into efl'oct, and Massachusetts and Nova Scotia left, by the Treaty, where their previously existing rights placed them. The north-west angle of Nova Scotia is assumed in this instruction as the starting point, and this was exactly conformed to Uy the Commissioners who negotiated the Treaty, except that they undertook to . iine what that angle was, and where it could be found. Their description of it was accurate, and coincident with the old boundaries of the two Provinces of Massachusetts and Nova Scotia ; and both conform to the present claim of the United States. It is perfectly clear that there must then have been, and must now be, a north-west angle of Nova Scotia somewhere. If Nova Scotia reached to the North Pole on one side, and the Pacific Ocean on the other, it would be difficult to get to the north-west angle, although there would still be one. But with an extent more limited than this, it is only necessary to pnrsue the northern and western boundaries until they meet, in order to find the angle. The specification, therefore, in the instruction of Congress, would, of itself, have been sufiicient, without the superadded description in the Treaty ; and this will appear from a reference to the liniiu of Nova Scotia as they existed at the commencement of the revolutionary war. But it so happens that the addition made by the Commis- sioners corresponds, even in language, with the then existing public documents and grants, and shows that they were entirely familiar with ail those papers which have been drawn into the discussion at a more recent period. It may not be amiss to take a cursory glance at the characters and qualification of these Commissioners. m t. Dr. Fnoklin ii too well known in the United State* to make it neceuaiy or expedient to ipenk of him. Hii !ife ii a text-book in our tchooli; and hia name, given at it ia to iteam-boats, and itages, and inns, and banki, and librariis, and locietici. has made his history universally and thoroughly known. Mr. Jay was his assuciatb for some tiiiie before they were huth joiiieil by Mr. Adams. The high honour must be ^ivcn to hur. of refusing to negotiate with the Envoy of Great Britain until the independence of the United States was acknowledged, and the commiuiun of the British Minister changed accord- ingly. During the time when the question of peace or war remained suspended upon the determination of Great Britain to continue or change the creoentialt which she had issued, his rcsponsihility was of the heaviest character, because, in this he differed from his usually sagacious and trusted colleague, Dr. Franklin. And the reputation of Mr. Jay for firmness and sagacity cannot be fully appre- ciated, until we icmcmbcr that the course which ho then pursued, furnished the basis of the argument by which the Honourable John Qumcy Adams afterwards vindicated and preserved the American right to the fisheries of Newfoundland. In the prevent dispute respecting the boundary, we are met with a repetition of the same idea on tiic part of Great Britain, that the independence of the United States was granted in the Treaty of 1783; and in both cases, we are indebted to the inflexible spirit of Mr. Jay for affording us the same K;round of indignant denial which he made amidst responsibilities which would have shaken a less siout heart. When Mr. Adams arrived in Paris, it must be mentioned to his honour, that he took sides promptly with Mr. Jay. But Mr. Adams brought also to the negoti- ation an intimate acquaintance with the boundaries and history of Massachusetts, derived from his active participation in the affairs of the Province. He has left a record of this in his correspondence. Immediately afler his arrival in Paris, (October 31, 1782,) we wrote thus to Robert R. Livington, (Sparks' •' Diplomatic Correspondence," vol. vi., p. 437) — "Yesterday we met Mr. Oswald at his lodgings ; Mr. Jay, Dr. Franklin, and myself, on one side, and Mr. Oswald, assisted by Mr. Strachey, a gentleman whom I had the honour to meet in company with Lord Howe, upon Staten Island, in the year 1776, and assisted also by a Mr. Roberts, a clerk in some of the public offices, with books, maps, and papers, relative to the boundaries. " I arrived in a lucky moment for the boundary of Massachusetts, because I brought with me all the essential documents relative to that object, which are this day to be laid before my colleagues in conference at my house, and aflerWards before Mr. Oswald." And again, page 452 : — "The Count [Count deVergennes] then asked me some questions respecting Sagadehock (now Maine), which I answered by showing him the records, which 1 had in my pocket, particularly that of Governor Pownall's solemn act of possession in 1750; the grants and settlements of Mount Desert, Machias, and all the other townships east of Penobscot river ; the original grant of James the First to Sir William Alexander, of Nova Scotia, in which it is bounded on St. Croix river (this grant I had in Latin, French, and English); the dissertations of Governor Shirley and Governor Hutchinson, and the authority of Governor Bernard, ail showing the right of Massachusetts to this tract to be incontestible. I added, that I did not think any British Minister would ever put his hand to a written claim of that tract of land, their own national acts were so numerous and so clear against them." It is impossible that these men should not have known where the north-west angle of Nova Scotia was. Where they thought it was, the United States say it is now. Great Britain has sometimes said, that it was not to be found anywhere ; and at other times has placed it at a point beyond which the Province of New Brunswick (carved out of Nova Scotia) has always exercised jurisdiction, which continues, according to the Report of Feathers ton haugh and Mudge, to the K resent day ; for they say, that the jurisdiction of New Brunswick reaches to the .estigouche River, a hundred miles north of where the north-west angle is said to be. The practice of Great Britain, therefore, always has contradicted her own argument. It is not possible to discard from the Treaty the plain reference to the then existing boundary of Nova Scotia. Wherever its northern and western lines intei'sc'Cted each other, there iuc boundary of the Unites utate; coniineRced; aud yet we find eminent British statesmen asierting, that the Treaty had no regard to previously existing lines, but that it adopted a new description altogether. E«n u l«te aa 183fl, thit idea it «gMn repeated in t letter, from wbidi the Mowmg M M extract .-— '* lerti P«Z»«rt(«ii to Mr. Stnautm. " Fortign OJtn, April 16, 1838. r"Tr. V. . . • i»,„ ergiinMnt wbieh n enplojed bj Mr. Sterenwn, with i«. ' M ..u* between tbe BritiA poMeanoni aad the United States, .u> ap toiwr to obMnre, thtt the Treaty of 1783 laid down the b«uu ,4nr betfwen the United Sutei and the " tith posaestioni. not by reference to tbe then exitting, or to the prerioaily exirti..k„ boundarica of the Britiih pre- viBee% whoee independence was then acknowkdge*!. but with reference to ft geegraphicai deKription conuined in the Treaty it«elf, 4c., &c." Mamchuietta and Norn ?»rc»'i. r»re contiguous to each other, for there wa« nothing between them ui cuurte, tie north-west angle of Nora Scotia and the north-east angle of Massachusetts were the same mathematical w,int ; and tbe ancient charters clearly demonstrated where that point was to be found. The charter of Nova Scotia, granted by James the First to Sir William Alexander, in 1621, with which Air. Adams waa so familiar as to carry in hit pocket a copy of it in Latin, French, and English, run thus ;— •• Beginning at Cape Sable, &c., &c., to the river, commonly called St. ?r"*'"'/T '" *".^ ?""* ™""'*« "P""? <"• Mwree, which, from the western part thereof, first mingles with the river aforesaid ; from thence, by an imaginary direct line, which may be conceived to stretch thro;.gh the land, or to run towards f Canada^& ^ """""* '°''*'' ""'''"' *"" **"''"*^' ^""P'y'"? "ti^'f '"'o the great river . u ^i'"" " comparison of this line with that, which, in the Treaty, is declared • u ^je**'!'''™ Boundary of the United States, it will he found to differ only IP the loiiowing three points :• — ' 1. It adopts the "western source" of tbe St. Cr"'- , whercaa the Treaty merely says " source." as the point from which to run the northern line. 2. It runs the lino towards the north, and the Treaty uses two expressions. *' due north" and " directly north." "^ . . ^' ]} "*«"?*• »^e '•"« to the St. Lawrence, and the Treaty stops it at the intermedwte highlands. The two first of these differences are of little consequence. In fact, thev juay more properiy be considered as different descriptions of the same line the tatter in date correcting, by subsequent geographical kiio> .Ige, the error ol' the foniicr, than as the adoption of different lines. The third diflerence followed as a necessary consequence, from the excision of the northern iwrtion of the line by the annexation rA that part of the country to Canada, in 1763, after it4 conquest. ' The Report of Messrs. Feath( stoiihaugh and Mudge advances the extrava- gant Droposition. that the original grant of Nova Scotia was from the source of Uw bt. CroiE to the River Chaudifere, thus running a north-westerly direction, mstead of "towards the north." It may be proper to bestow a pasaing notic^ upon this pi-etension. The idea iii not original with these Commissioners It was alluded to in the Brituh argument before the King of the NetI.eHands, a, a position whidi might be taken, but they did not assume it. Availing themselves of thia hint ud desirous of destroying the identity of the present American claim with the orieinal Chartered boundary of Nova Scotia, the Commissioners boldly advance the doc- (nne fee the three following reason: 1. That tbe traoNlation of the Latin grant justifies the ground. 2. ITiat the grant calls to run "ad proximam navium stationem." which VlUt mom Quebec. ,• 3. Tliat an ancient map so places the line. . It is alleged by these Conimisj ioners that the wools " versus Septentrionem," jn the original Latin grant, are not to be strictly construed " towards the north," because in a preceding passage of the E-rant. the HJimi. mnrA, .r. fnn.wl a- »»«i.,:„» to ine line trom Uape f>al.le to St. Mary's Bay. which line, it is ad'mittedTis 'in I conne neariy west ; and the argument is, that if these words describe* line nearly weit in one part of tlio grant, they may do no in another. To furnith a baaii (of thia argument, the uune libcrtiei are taken with the nilea of the I^tin Gnmmar, that «re brousht to bear upon ranf^a of mountains ; both arc unceremonioualj moved out orthcir eatabliitiied poution, in order that the theory of the (^otnroii- aioncm may have room to ?•'.,"«"?*' ^y \ "r '^'««» the Bay of Cbaleum. .long tlie highlands which divide the mcr. whu:h empty theaMffv,. i„to the St. UwrenS from tlioM which full into the i«ea. ^^ llic Anicririin claim » now. that the Boundary in preciaely where the on^inal charter of N„v. Scotia, and the «U,ve-mentione«l IWlamation ami Art of Parliament put it^ If the wuthern boundary of Canath i» not to l« found ,^ thoHC d.|cun,cnu. where i« it to be found? No 8ub«..,,uent leKinlutiou of CrUt Britain h.« detignated it and it miat, of nece.«ty. exi«t there only. If X JiK thcrSt" ' """" ^ '**'*'' ^^ '^''' P"'*^"' the followinj The American line runs from the north coant of the Bay of Chalcun., alonir highlundi which divide riven which empty themselve. into the St F^wrence fcuiSe t^of tlldy^'" ''' ''■ '"""•- «'^-' ""^ '»>- ^«" '-« ^!^ - .n^ K i.'"i .""f 'T'"'*/".]*.""''*''*"' " '' *"* '^^'•"n'"' before the arbiter •nd by 1-eathcr.tonhauKl, and Mudge. ThcHc linea vary considerably m an mapection o« the mapn annexed hereto will Hhow '* K^/^'li '"".''''''"'"' before the King of the Netherlands, it wind* amund the he«d»ofthe streuma which flow upon one hand into the Aroostook and K Alleganh (tnbutarie. to the St. John'a) and the St. John'., and up^ the other line to the Bay of Chalcurs there is no attempt to trace it on the map, or recon- cile it with the description of it in the I'roclamatien of I7ti3. That this cannot be the hne meant by the Proclamation and sub«e»,uent Act of Parliament ia manifest from the following reanonit : ""mmtni w That the Prmaamation calls for a range of hiprhlands from the Bay o« Chaleurs, whereas in the argument before the King of the Netherlands it wm no pretended that any such ran«j exina-d from the Bav of Chaleurs to Mara Hdl, the alleged tenninaUon of the Eastern BoundarV Line of the United u •.T*'?^ """'' " "'"'. *'°"''* ^° contradictory to the undeviating practice of the Bri ish Government m maintaining jurisdiction over its own provinces because ^ that hne be correct, all to the north of it would belong to Canada^and Featherstonhaugh and Mudge nay that the jurisdiction ot' New Brun;wick extends northward to the bank of the Restigouche. runswicK . . .'^'l''' ?"f'' " l""" ''"ides waters which fall into the St. John's from others which fall into the sea, and docs not approach within from 50 to 100 mil«.« those waters wluch fall into the St. I^wrencc. ' The line, as proposed to be run by Featherstonhaugh and Mudce nin« along the southern bank of the Aroostook, and leaves Mars' Hill, for which th^ British Gm-ernment has so stoutly contended, about twenty miles within he erritory of the United Mates. Of course, these Commissioners disapprove of the lormer pretensions o» Great Britain. It remains to be seen whether that (.overDinent will adhere to its former claim and condemn its Commissioners nr adopt their report and condemn the line which, for so many years and at' so much trouble, it has hitherto maintained. The objections to this line are. that when extended it strikes the south instead of the north, coast of the Bay of Chuleurs. which the Proclamaion requires, and that it passes along no highlands at all. The geolo^JHt has disco vered from sundry stones lound there, that a range of highlands once existed which are now abraded. Some of the objections to the other line are al^ common to this. 1 he map shows that on the east of the St. John's, the ran^^ of highlands as projected is coincident with the bed of the Tobinue Rivpp That a nver should flow along a ridge of highlands, or even across it, is not surprising ; bu that it should abrade a range of hills for no other purpose than to put its lied there, is a geological phenomenon worthy of all admiration The Aroostook, too. has taken the superfluous trouble of crossing and recrosslne the same range of highlands for no other cause, apparenUy, than to eratifv th! etevSior*^ ""natural ambition of flowing along the "axis of maxi'mum if either of these lines be taken to be the true one, the consequence I* ' tl«t the north-west angle of Nova Scotia must be at the intersection of it, witS ^ !l -icr-iS'.X I' i 'I'l ,»1 i - tb« north line from the source of the St. Croix. What nght has the Governor of New Brunswick then to interfere with the territory watered by the Aroostook? The British argument shows that if this land belongs to Great Britain at all, it is because it is within the limits of Canada, and utterly beyond the jurisdiction of New Brunswick ; and yet, with a stranjre inconsistency between iheury and Jtractiee, it is shown by the former to belong to one province, and by the atter to another. Those statesmen who drew up the ProclRmatinn of 1763, no doubt, had Mitchell's map before them, because in a corner of that map it is written : — "This map was undertaken with the approbation, and at the request, of the Lords Commissioners for Trade and Plantations, and is chiefly composed m draughts, charts, and actual surveys of different parts of His Majesty's colonies and plantations in America, great part of which have been liitely taken by their Lordships' orders and transmitted to this office by the Governors of the said colonies and others. " JOHN POWNALL, aecretary. "Plantation Office, Febrvary 13, 175.5." A map published only eight years previously, "chiefly composed from draughts, charts, and actual surveys, taken by their Lordships' orders," and the map itself, " undertaken with the approbation, and at the request, of the Lords Commissioners," must have been used, when the new boundary line of C mada was to be designated. As the whole country was under the Crown, there was no inducement to enlarge or diminish either province, except for the convenience of trade before spoken of, or the establishment of a good nttural boundat-y. If the reader will examine the map, beginning at the north coast of the Bay of Chaleurs, the eye will without any difticulty tnce a line to the westwanl, around the heads of the streams which flow to the northward and southward, into the St. Lawrence and the Bay of Fundy or sea. Let him then endeavour to follow the line according to the claim of the British Governtuent; and, although, beginning at the western side of the map, it is posgible to find it for some distance eastwardly around the heads of streams which flow to the north and south, yet there must be a full stop at the St. John's River, at which the attempted line is wholly lost. A line which is described as running round the heads of 'itreams, has no authority for crossing a large and navigable river. As a further experiment, let the reader carry his view across the St. John's, and see if he can find any highlands between it and the south coast of the Bay of Chaleurs, where Featherstonhaugh and Mudge place the line. So far from it, there is not a single hill marked there, but, on the contrary, the paths of those rivers running transversely across the imaginary range of highlands. It is inconceivable, theniforc, thnt the Pro»,lamation of 1763, and Act of Piirliament 1774, should have fixed the Kouthern boundary of Canada where the British Government now claims it to be. The ¥'>^f; would not -Jiave adopted an impracticable line. Ufion Mitchell's map, it may be said to be impossible to trace any other than that contended lor by the American Government, easily followed by the eye and fulfilling every re<]uireinent, except that the rivers flowing to the south empty themselves into an arm of the !.?a instead of the body of the sci, and upon this distinction hangs the whole British argiinu'Ut. The choice is between the King and Pailiauient's having con-idered the B ly of Fundy as a part of the sea, or e» having very formally adopted a Imnndary, which an in.spection of the map must have shown, could not by any jrossibility be traced on the surface of the earth. The north-west angle of Nova Scotia in 178f* was, then-fore, anfficienlly apparent. If the Treaty had stopfted there, and merdy 8 lid tliiit the Iwuntliry of the United Mates should begin at that north-west an-jlc, the description would have been precise enough. But, in oi-der to illusirate their meaning more clearly, the Commissioners pnxreed to a repetition of the hngnage used (esiept that they say " Atlantic Ocean" instead of " sea") in the Proclamation and Actol Parliament. One leg of the angle is a lir»« drawn " due north from the source of the .St. Croi.\ Uiver," the wmie oiiginaliy caile«l for in the grant of Nova Scotia, in 1621 : the other leg is a line drawn "along the highliimls which liiviiif liiuse rivers iitat empty iheuistives into the Rivti Si. IjM«rifnttJ ii'<»ni those which fiiil into the Atlantic '.)fe8n,'' using the phrHseolo^'y (with the exception of a single word) of the Proclamatiuu of 17(13, Of the intention to n make thete official aets of the British Goremment the bana of their Treaty thvre aeems to be no fair ground to doubt. '' Applying this deMription to the craima of the two Govemmenta, the result the B • ""h" 'PP*""*"* °^ '" interrogatory be assumed. And firat of Lawrf"'"?*'"''"^**''^^'""^ ''"* *'° t''e waters empty themselves into the St. r .u^%: T' ^° *'^''^ """• '" """"^ P*"^" °^^^^ "ne. within one hundred miles of the St. Lawrence. From the other side do they flow into the Atlantic Ocean ? Yes ; if the bays of Sagadahocic and Penobscot be the Atlantic Ocean .u ."♦''?,An'encan Government be asked the same questions, the answer to the firat will be unqualifiedly in the affirmatiTe : Yea. To tha second question the answer would be, Yea ; if the Bay of Fundy be the Atlantic Ocean. Of the tro requirements then, the British claim wholly repudiates one. and the American claim satisfies that one. If the British claim gratifies the other the American does also ; and the argument on the British side cannot show that the American Government fails to gratify both calls, without showing at the same time that its own claim tjratifieii neither. Much more might be written upon a subject which has drawn to its discus- •ion a large conlribution from the skilful statesmen of Great Britain and the United Htates. But it has been the object of the Committee to give a clear stattnicnt of the question, rather than a full argument upon its merits. They havy consulted a large ;rass of materials; the correspondence between the Secretary of State and British Minister; the succinct, but lucid report of .Neiii.tor Buchanan; speeches of Members of Congress; reports of Com- mittees of the Legislatures of Maine and Massachusetts; sundry essays wpttea by the .lonourablf Caleb Gushing, and some published arguments, the authors of which have not openly acknowledged them, although they are known • the report of Messrs. Featheistonhaugh and Mudge; ahd lastly, the masterly review and analysis of that report vritten by the venerable diplomatist and statesman, AHiert Gallatin, T»hosc knowledge upon this subject is probably more profound and extensive than that of any man living. With regard to the course which ought to be pursued in obtaining a settle- ment ot this controversy, the Committee do not feel themselves qualified to ex|)re.s8 an opinion. Tho constitution of our country has wisely placed our foreign relations in the exclusive guardianship of the Federal Government, whose dignity and power are commensurate to the duty which it has to perform! It is clear that all reasonable efforts should be exhausted to accomplish a pacific and •Iieedy adjustment of the difficulty ; and it is also clear that if they should unlortunately fail, it will become the duty of the States of the Union to rally around the Federal Government, and carry it successfully throuirh the strueirle tliut must then come. ' o ss The following Evolutions arc submitted to the consideration of the Senate : — Resoived, That the Legislature of Maryland entertains a perfect conviction of the justice and validity of the title of the United States and State of Maine to the lull extent of all the territory in dispute between Great Britain and the United States. Resolved, That the Legislature of Maryland looks to the Federal Govern- ment with an entire reliance upon its disposition to bring the controversy to an amicable and sneedy settlement; but if these efforts should fail, the State of Maryland will cheerfully place herself in the support of the Federal Qovemment m what will then become its duty to itself and the State of Maine. ' Resolved, That after expreasing the above opinions, the State of Maryland feels that it has a right to request the State of Maine to contribute, by all the means in lU power, towards an amicable settlement of the dispute upon honour- able terms. Ai. c.^*^*'**^i,'^"' '^ *^* Briiiiah Government would acknowledge the title of i:;r ;;:K-.,e US ;-.j,-iS!:c "o tiic ictiiioiy in litspuif, itnci cffer a fair equivalent tor the passage through it of a military road, it would be a reasonable mode of adjustinir the dispute, awl ought to be satisfactory to the Sute of Maine. L 2 lUsolved, That the Gorernor be and is hereby requested to transmit a copy of this Report and these Resolutions to each of the Governors of the severBl Statet, and to each of the senators and representatives in Congress from the State of Maryland. No. 21. Mr. Cotuul Ch-attan to Viscount Palmernton. — {Received April 17.) Her Majesty's Consulate, Boston, (Extract.; A/arcA 29, 1H41. I HAVE tlie honour to transmit hei-cvirith a copy of the report of the Joint Special Committee of the Senate and House of Repi-esentatives of Massachusetts, in regard to the North-Eaatern Boundary Question ; and the resolutions which passed the House on the 1 Ith instant, and which were concuned in by the Senate on the 12th, and approved of by the Governor on the 13th. IncluBure in No. 21. Report of the Joint Special Committee of the Senate and House of Representatives of Massachusetts in regard to the North-Eastern Boundary. COMMONWEALTH OF MASSACHUSETTS. r The Joint Spetual Committee of the ficnate and House of Represen- tatives of the State of Massachusett:^, to whom was referred the Message of His Excellency the Governor, together with certain llcsoluticins trauHinitted by him, adopted by the States of Maine and Indiana, in regard to the North-eastern Boundary, have had the Bame under consideration, and ask leave unanimously to submit the following REPORT: YOUR Committee observe, with unalloyed satisfaction, the unanimity of sentiment that prevails throughout the United State* touching this dispute with Great Britain about the North'Eastern Boundary. It is pleasing to reflect, that, whatever may be the iiiffcrences of opinion among us, that grow out of sectional interests or party organizations, when applied to topics of domestic origin, they do not exist on this (juestion with a foreign nation. A striking proof of H is to be found in the Resolutions of the State of Indiana, now under consi- deration, coveiing, att thf'y do in a preamble, other resolutions of similar irniwrt adopted by the Imitate of Ohio, and which were directly received in a separate form by L'>e proper authorities of this State in the course of the last year. These are are both of them States, which, by reason of their remoteness cannot, feel the same deep interest in the issue of the controversy, that is entertained by Maine or Massachusetts; yet, notwithstanding this, and solely animated by the patriotic wish to sustain the rights of their sister States, they have not hesitated to come forward of their own accord, and to pledge themselves to maintain thie integrity of the country. Your CommiUee cannot doubt, that due honour will be awiirded to those States for their proc«elf juBtitied in pursuing, although, perhaps, emanating from convictions as honestly entertained as our own, is by no means calculated to accelerate the adjustment of all the difficulties in the way of a settlement, or to soften the temper in which the discussion may be hereafter conducted. If this remark is true, when applied to the whole series of movements, which take their date as far back as the Treaty of Ghent, it is still more stri'-ingly so, when limited to the proceedings of the last two years. Should the Report of the British Commissioners of Survey, Messrs. Featherstonhaugh and Mudge, be taken as in any degree characteristic of the future intentions of He Majesty's Ministers, it might, indeed, he regarded as indicative of a disposition unfavour- able to any pacific settlement whatsoever. For, as his Excellency justly remarks, it may well fill the public mind in the United States with indignation — and that to a degree eminently unfavourable to the cultivation of the coolness and d liberation which, under any circumstances, ought ever to be adhered to in the msoiagement of great national interests. But your (.Committee have not yet brought themselves to the belief, that such is the case. They see nothing, thus far, to show that the British Govern- ment either has given, or is now inclined to give, its sanction to the reasoning of that Report. They are aware of the fact, how great an obstacle to final action upon this subject has been the indifference with which it has been regarded, and the absence of a desire, on the part of those in whose hands the subject has been confided, to make use of all the evidence they have, and to judge for themselves all the arguments requisite for the comprehension of it. A discussion of geographical boundary, in a country which has hardly been explored, made unnecessarily complicate, and multiplying causes for contro- versy, by tracing back all the existing evidences of title to the respective lands that adjoin the Territory in dispute, is not, in itself, so attractive a matter as to lead to much surprise that few will take the pains to understand it. It is not hazarding too much to afhrm, that, for this reason alone, not many good judges of its merits are to be found in England. The consequence is very unfor- tunate. For this indifference opens an opportunity for the better knowledge and the passions of the inhabitants of the colonies, to iniuse narrow and peculiar views into the national policy. And an argumentative Report like that of the Commis- eioners already alluded to, one which presents an imjjosing array of authorities, marshalled with a sole rcirarcl to the effect that can be produced by them at home, and without respect to truth or honesty of quotation, is calculated, in the absence of industry requisite to test its solidity, to gain a degree of currency and weight which it most assuredly does not deserve. Thus it happens, that the harmony of two great countries, which should at no time think of each other with feelings other than those of kindness and good will, i.s endangered to the last degree by the action of individuals who overlook, in the advancement of some momentary ends of their own, the immense injury they might become tho means of inflicting upon the world. Ik the present state of the case, it is not for Massachusetts to falter a single instant in the course she has thus far steadily pursued. Year has passed after year without bringing any stronger hope of a settlement, yet her voice has beea heard at every suitable opportunity, moderately but firmly repeating her convic- tion of tlie right. At some times rejwrts have been drawn up, elucidating the principles involved ; at others, the Legislature has embodied the sentiment of the State in the form of declaratory resolutions. In view of what has been already done, your Committee deem it superfluous at this time to go over the entire ground of controversy between the nations. For such portions of it as they design to omit, reference may be had to the papers which have emanated from the Committees of preceding years, and particularly to the able report made in the year 1838. Their object at this time will be to confine themselves to the consideration of those views taken by the British Commissioners, in their late Report, which appear to tlieru to deserve esivicial no'ice on their part, and to expose, as far as lies in their power, the perverse interpretations and the unjustifiable conclusions in which it abounds. But, in order to do this, it trill be absolutely necessary to re..8tate, in as brief a manner as possible, tr.e (r|>n^i*!il /iiifiti|i/\r\ C'*"*'""""'" "1"* The boundaries of the United States were defined by the Treaty with Great Britain, in the year 1783, which acknowledged our national independence^ M i \ I 79 l^ey were deacribed with muoh care, and not until after mature deliberhtion, bjr the framers of that instrument. And the particular portion of that description which related to the distinguishing of those lines that set off the country which had succeeded in tltrowing off the yoke of the mother country from that which still remained under her authority was for obvious reasons a matter <^ the greatest possible interest to both parties. It could hardly have escaped the observation of Great Britain, that unless especial pains were devoted to the establishing, beyond the liability of mistake, the exact lines of separation between the independent States and the dependent Provinces, a door would be left open to the advancement of claims that might ultimately grov. very embar- nasing to her. She was even more deeply interested than the United States in fkeventiug this, because she regarded herself as having been already a great •er in the contest. It was therefore desirable that she should not be subjected to the danger of still farther loss, by any question of doubtful jurisdiction which it might at a future moment be the pleasure of some of her remaining colonists to raise as a justification for tiieir joining their neighbours if they t hould so desire to do. The United States had but one danger to apprehend from an unsettled boundary. That was the danger of war with a foreign nation. Bat Great Britain rendered herself liable by it to a risk of insurrection in her own territories, and war with a foreigii nation united. It became, there- fore, a great object in the Treaty so to describe the territorial limits of the nspectivc nations as to leave no reason for doubt in the public mind of both what they were. There was, however, one obstacle in the way of succoss to this undertaking, which no effort of the parties could at the moment remove. The land through which this demarcation was to be made, had been but very imperfectly explored. It was not possible to place entire rehance u|)on the particular features .of the country, as tliey were found laid down in the best maps of the period, because those maps were known not to have been drawn upon the most correct principles of survey, but to have been based upon partial examination, sufficient, ()erhaps, to furnish a correct impression of its general configuration, but not sufficient to jusiify the negotiators in striking out any novel deUneation of boundary. Under these circumstances, it is plain, that no safer course was le''" than to adhere, as far as practicable, to those descriptions which had been made of the limits, upon preceding occasions, by the British Government itself, and to supply, with still iDorc express and definite language than had before been used, the defects and incompleteness by which they were characterized. In all the action relating to this subject, it in clear, from the result, that two objects were in the minds of the negotiators. The first of these was, to seize upon such marked geographical features of the country as could not be mistaken ; tlie second, to connect them together by so close a chain of description, as that they could never be con- founded or transjwsed. How well they succeeded in attaining those objects, in BO far as relates to the North- Eastern Boundary, may be understood at once by reference to the terms of the Treaty. They are as follows : — " Article II. — And that all disputes which might arise in future on the sub- ject of the boundaries of the said United States may be prevented, it is hereby agreed and declared that the following are, and shall be. their boundaries, viz. —from the north-west angle of Nova Scotia, viz., that angle which is formed by a line drawn due north from the source of St. Croix River to the Hiarhlands, along the said Highland which divide those rivers that empty tbomselves into the River St. Lawrence from those which fall into the Atlantic Ocean, to the north-westernmost head of Connecticut River ; • • East, by <\ line to be dmwn along the middle of the River Si. Croix, from its mouth in the Bay of Fuiidv to its source, and from its source dirc(;tly north to the aforesaid High- lAnds, wluch divide the rivers that fall iutu the Atlantic Ocean from those which lall into the River St. Lawrence." Now, it is believed, that there cannot be found in language anything much more ample than this description. Here are two lines and an angk. One ot these lineti is an arbitrary north and south line, de{>citiiing upon no geography whatsoever, exceptir- "^r its starting; itoint, which i« the soijr'U! nf u river T?*? ott^ Une^ and ti^ aUj^ ,aade by the iateraection of the two, were ^cad upon the uatura! division of Higiilanus that re(aii>ed the St Lawrence iu lis bed on ttte one sHe, and sent down the supplies of water for the rivers upon (kL Atlantic on the other. Where these highlands were, it was not absolutely essen-^ tial for the framers of the Treaty to specify, nor is it likely that they thernselve* exactly knew. But they knew that water, if on a level, would not flow ; they knew that water in this region, which thev were describing, did flow both towards the St. Lawrence and tow irds the Atlantic, and that was enough for them to be certain of the existence of rising giound, which made it flow in these opposite directions. If there were no such ground, why coula not the St. LaW rence break through its southern bank iii a period of inundation, and find it^ way into the St. John and liie Bay of l' in the way to overrule iheir authority ; and conclude, by offer- inp; n .irsf^ ■•jp.".:-. thfir -nap, whien can a^ litt'e Lc made ta correspond with theii- own most sophistical argument as with the plaiji and straightforward reuuisitiOM of the Treaty. west. H m 80 The law of nations, as applied to five mode of reading treaties, is little more than the law of common sense, aa daily applied in ordinary life to all languagv whatsoever. It is, that, when the meaning is obvious, and leads to nothing absurd, there is no justification to go beyond it in quest of conjectures, that may restrain, or elude, or extinguish it. Your Committee cannot admit the right of Great Rritain, or the propriety of g<>iug into the evidence of ancient records, in order to prove that the Treaty oi" 1783 was intended to signify directly the reverse of what appears on its face. They would never admit any authorities whatsoever, excepting as subordinate to the great end which all parties ought equally to have at heart, of explaining? more fully, or confinning. tho intent which its framers must have had in using the language which they did use. This limit falls very far short of any attempt utterly to deny its natural signification. There may be, and doubtless are, some variations from former deeds and papers; but, in all tuese cases, it is far more natural and just to supjjose Jhat the nego- tiators (/I tiio respective sides designedly adopted them, than that they did not understand the force of the language they were using, or the nature of the change they were making, and more than all, that they meant to say the direct opposite to what they did say. Yet to such an extent as is here described does the reasoning of Her Majesty's Cousmissioners of Survey in substance go. It would appear from the beginning r.f their Report, that, not content with performing the specific duty assigned to ihm of an exploration of the territory, they have engaged in a work of supererogation called "A Review of the Documentary and other Kvidence bearing on the Question of Boundary " It is this review to which your Com- mittee now propose to direct their particular attention, — a review which, howerer great may be the authority which it will acquire in Her Majesty's dominions, they feel constrained to declare, not only does not weaken in the elig|i'!Ht degree the confidence they feel in the perfect "soundness of the American position, but. on the contrary, does something incidentally to establish it more firmly than ever. The reasons for this assertion will be fully explained in the sequel. On the 9th of July, 1839, Messrs. Featherstonhaugh and Mudge received written instructions from Lord Palmerston to repair to Her Majesty's Province of New Brunswick for the purpose, as it is stated in the Report, "" of making investigations respecting the nature and configuration of the territory in dispute, and to report which of the three following lines presents the best defined con- tinuity of Highland range : — " First, llie line claimed by the British Commissioners, from the source of the Chaudi^re to Mars' Hill. " Secondly. The line from the source of the Chaudiere to the point at which a line drawn from that source to the western extremity of the Bay of Cliuleui-s, intercepts the due north line. " Thiixlly. The line claimed by the Americans, from the .source of the Chaudiere to the point at which they make the due north line end." In obedience to the.se instructions, the gentlemen proceeded immediately to their work, the result of which was a Report, dated on the iGtli of April, 1S40. If your Committee deduct from the period of nine months, embraced between the dates of the instructions and of the Rc|x)rt, the time it must have required for them to get from Great Britain to the scene of their investigations, and also the entire season o( winter, during which, in that cold climate, surveying opera- tions are not practicable, scarcely three months are left in which the survey could have been carried on,— a length of time by no means sufficient for the full examiiiation of three several lines, extending as they do over so great a surface of territory. It does not appear from the Report and the accompanying Map, that the Commissioners did examine with care morn thon one cf those lines, and that is the one which they affirm to be in accordance with the 2nd Article of the Treaty. For their delinquency in respect to the other two, they endeavour to atone by an argument respecting the evidence of ancient boundaries, to make which does not seem to have been one of the duties enjoined upon them in their instructions. The effect of this course upon the Report has been, that whilst thirty-five of its folio pages have been devoted to a purpose which they were not called upofi to fulfil, only thirteen pages and an appendix were devoted to the Biippiy oi iiie iiilui luaiiuii required. 5o that it has been justly remarked ol the production, that what was called the Appendix, should properly have made the !;i 61 body of the Report, and two^tliirds of what was styled the Report, should have been put, if anywhere, into the Appendix. ^^ " ^^* It is with great regret that your Committee feel themselves comni.n«H t« dedare. that th« reviewof the documentary evidence is ut2^™S f^e^ quality which should recommend it to the .lonfidenc- of the Britilh Pw I? ^ It is by no means certain that Her Maiestv's MinUt^^i K«l .1 y«^" '"«"» ittheir'santion. Neither will they^^^Tr CrX^'i JLS^^^ ever gain the means of thoroughly underetanding its nature Thev would Itl feel at once that a cause is injured by the resort to disingenuous artsTnoLr1« sustain it-and that it would be more' creditable to Zndr^ SgSher Tf U can be supported by no other means, than to succeed by the use of C tJ.nfiJ^*' "^view begins with a historical noUce of the settlement of Acadia Nova SLTe^rvdv^'^h^efi™^^ adjoining the State of Maine h„ bti:Sj;Tf <:?Frnt Jf^otio'rSRon ;; "-fh^al-a^Saro? a country called " Acadie." and described as being be ween he LtieTll forty-sixth pmllels of north latitude, in North Am^ricl T wL Se .„ th2 loose and indefinite manner at that time customary among the 8overekm« of h! cjd worid, who appear to have carved out kingdom's by paSs of lS3e ul the American continent, with as much indifference as they performed Ihe r.^ mcnest net of life. De Monts made hut a single atteiS CsetTle ml T to Port Royal, on the peninsula now called Nova Scotia, to the south of hk forme, position. It does not appear that he, or any ^ne under him ever attempted again to avail himself of the grant of this northern territory Neither does It appear as if so loose a description as is given of it could be of much effect uiK>n the discussion of the terms of the Treaty of 1783; yet stranee to say, It appears to constitute one of the strong points of the British Comm.SS ers. It happens that the forty-sixth parallel of latitude, being the nort™ m" 1 /™-^>'^'Pr*t' '" '!"'' ''''^ "'"' "»^'« of maximum elevaUon "^ they describe ,t. which they insist upon as the line of boundary marked out "n th^ Treaty. This is quite enough for them to base upon it an assertion thai Ihl jurisdiotipn of French Acadia did not extend beyoSd this Le and all to tte north of It made part of the Province of Quebec. Now your Committee admit, that the northeriy limit of the grant to De Moots was declared to be the forty-sixth parallel, but inasmuch as no settle! ment was made in the territory thus bounded, they do not exactly nnderetand how any junsdiction could have been either exercised or limited The oVeZt attempt to give to a grant, worded in the most general manner, the force of a specific demarcation, appears to them to be idle; and the endeavour to place unaer the jurisdiction of Quebec, what was not at the time under any ffie authority whatsoever, is qu.te of a piece with it. But, in addition to the ceneral argument against this grsiat a. a specific de'nnition of boundary there is a particular one drawn from another portion of the deed itself-for authority was therein conferred, not merely within the limits specified, but to extend settl^ ments in the neighbourhood of them as far as possible. The words of thp original are as follows :— "^ *"«= «oias or tne " Surtout, peupler. culHver et faire habitus les dites terres, h olus promptement. soigneusement ex dextrement. que le temps, les lieux et commodity le pourront permettre, en faire ou faire fuire h cette fin k dWerte et recognoissans en I'^tendue de cfites maritimes et autres contr^es de la terre ferme. que vous ordonnerez et prescrirez en I'espaw susdit du (luarantidme degr6 jusqu'au quarante-sixifeme, ou autrement tS et 81 avunt qu il se pourra, le long des dites cdtes et en la terre ferme," &c'. Which your Committee would render by the following words :— " Moreover, to people, to cultivate and cause to be settled the said lands as quickly, carefully, and dexterously, as the time, the places, and convenience' will allow; to make, or cause to oe made, to this end, any discovery and exammation in the extent of maritime coast, and nf other ncsot-iea "« n.- ---■- laiia. wnien you shall order and prescribe within the aforementioned space" extending from the fortieth to the forty-sixth degree, or otherwise as much and Mi 11 ! M (kr fonwd w pMuUe in the length af tiw Mid coMtt. Mil^nlotka sMia land." It is believvd. that De Monte had a trading station at Quebec, hut whether under tUa general grant, or under a qpwial one subse^oent to it of £u- teaa isxtcnt and aulherity, your Committee w^l not now decuie. It is enough fts- the present purpose to show, by its very terms, which are in no way noticed or allnded to by Her Majesty's Commissioners, that this grant was obviooaly intended to carry no such apcdfic limitntion of boundaries as they insist upon, but to confer a general power to make settlements in a direction corresponding to certain parallels of latitude in North Amerioa. Yet, in order to fortify this argument, by which it is attempted to bnng the northern limit of Nova Scotia or Aoadie, so conveniently down to ^'tbe axis of maximum elevation," which figures in the Report and upon the map as the true boundary line, one old French grant of a fief on the north of this Ime made by the Governor of Quebec is addnoed in proof that the jurisdiction of that Qovemment extended to this line. There is no doubt that the Governor, holding the joint anthority over Canada and Acadia, did, in the years 1683 and 1684 grant some such fiefs in the territory near Lake Temisquata, and the upper part of the St. John's. And it is a Ifttle remarkable, that Her Majesty's Commissionere, who had several to select from, should have selected one in which no mention at all is made of the power over Acadia vested in the Governor, and should have noticed that fact nowhere else themselves. Neither did they notice the fact that such grants generally appear in the Bame instrument with other granU of more consequence, decidedly within the limits of the Province of Quebec, and are, therefore, very naturally placed upon its records. But your Committee would not be understood as attaching the slightest importance to this evidence. They have gone into it only to show that even in such trifling particulars, Her Majesty's Commissioners have not thought it beneath them to be guilty of partial suppressions. The real truth ia, that there was nothing hke a settled jurisdiction over any of the territories now in question during the seventeenth century ; and this your Committee understand the Report to admit (p. 12). For it expressly states, that, what with English and French occupation, according to the fortune of war, and what with the confusion occasioned by French grants overlapping one another, the jurisdiction was fluctuating and wholly irregular. Indeed, how could it have been otherwise? And yet the British Commissioners, with the aid of a grossly imperfect map, which they have dragged out of the dust of the British Museum, have the assurance to pretend, that, " the Government of Quebec, when possessed by France, had jurisdiction (by that evidently intending a settled authority) as far south as the forty-sixth parallel." A most unjustifiable inference frran such partial premises. But now comes the grand discovery of the Report. This relates to the first English grant of Acadia made by James the First to Sir William Alexander in 1621, and is expressed in the foUowing terms :— " It will be seen from this examination that reasonable grounds exist for supposing, that a singular perversion of the terms usee in the description of that boundary has long existed, and that the Une of boundary inte->cled by the grant of NovaScotia, is so much at variance with that which has usually appeared on the greater number of maps, as entirely to change the nature of the Northern Boundary of the United States, from tliat which has hitherto been understood to be its direction." And this grept change, which is at one blow to put an end to the American claim, is to be effected by the simple means of putting a comma into an old parchment, where no comma was before. But, in order to explain this, reference must be had to the original, which contains the following description of boundary : — " Omnes et singulas terras coutinentis, ac insulas 6itaata» et jacentes in Ameri« intra caput seu promontorium oommuniter Cap de Sable appeUmt. _ I .iT.! 1! .... l_2l..*M A— !>■»«• «*M oiifr d*^\ f\» rt*a i>r> <> riii> MiV>tan ji Iine4 vtrttus septeutriooem, a quo prouiontorio versos Uttus mans t«aueu ad »4Imi lit whBth«r «f Cur kM enough fcr noticed or obviowly Dsiit upon, rMpooding td to bring rnto ^'tbe tlie oiap as of this line tion of that Oovemor, ■ 1683 «nd a, and the r Majesty's ited one in ! Governor, er did they ument with Province of he slighteat w that even thought it 1, that there in question irstaud the English and le confusion diction was otherwise ? crl'ect map, n, have the ossessed by ority) as far frran such lates to the X Alexander uls exist for ption of that by the grant appeared on lie Northern understood le American I into an old explain thia, 5 description jaeenteH in ble appeUnt. 8 tendeu ad oecidentem ad Btationem Sanotw Marin naiviani v«Ig» Simet nuMis B*y. Et deincefH, versus septentrioimii per directam lineam introitum sive ostitm magna illius stotionis narium trajicien. que exenrrit in terrs oricntiaiea plagam inter nigiones ^riquonim et Etehemioomm vulgo Suriqoois et Etofae- mines ad flttvinm vnlgo nomine SanctB Crucis appeihtt. Et ad scaturigincm remotiwimam sive fontem ex occidental! parte ejusdera qui se primum predicto fhivio immiKet. Unde per imaginiariam diivctmn liaeam que pergere per terram sea currere versus septentricnem concipietur ad proximam navimn Btationem, fhivium vel scatuiiginem in magno Huvio de Canada se exoncrantemt Bt ab eo pergendo versus orientem per maris oris littrrales ejusdem fluvii dc Canada id fluvium, statiooem navium, portum aat Uttus communiter nomias de Gathtpe vel tiaspee notum et appellatnm." Which Her Majesty's Conaiisioiieis dsaiiie to tnuialate thm: "All and each of the lands of the continent, and the islands situated and ^ng in America within the headland or promontory, commonly called Cape Sable, lying near the forty-third degree of latitude from the equinoctial line or thereabouts. From which promontory stretching westwardly, towards the north, by the sea-shore, to the naval station of St. Mary, commonly called St. Mary's Bay. From thence, passing towards the north by a straight line, the entrance or mouth of that great naval Htation, which penetrates the interior of the eastern shore betwixt the countries of the Souriquois and the Etcheraines, to the river commonly called the St. Croix. And to the most remote source or spring of the same on the western side, which first mingles iteelf with the aforesaid river. From whence, by an imaginary straight line, which may be supposed to advance into the country, or to run towards tne north to the nearest naval station, river, or spring, discharging itself into the great river of Canada. And from thence advancing towards the east by the Gulf shores of the said river of Canada, to the river, naval station, port, or shore, conunonly known or called by the name of Guthcpe or Gaspfi." Her Majesty's Commissioners of Survey, being well versed in Latin, main- tain that a comma should be put before the words " versus septsntrionem," and not after it, although it appeers after it in their own Report. The effect of this Uttlf transposition is really wondertul. It is neither more nor less than to make the words which now stand in the translation, "towards the north," ugniiy " more west than north." And this being once established, the conse- quence seems to be, according to them, that the words in the Treaty "due north," and ** directly north," must have been intended to mean about north- west. Now your Committee do not deem it necessary to go Luto any critical examination of the rendering of this old Latin charter. It is enough for than to know, that under this grant, such as it is, the line has always been laid down in the Eughsh maps, and as they think justly, as a due north line, and that all the deeds and commissions of the British Government upon record, define it as such. And against this uniform construction of the grant, it is not for Her Majesty's Commissioners to come in at this late hour, with a nice question of punctuation, and attempt to overthrow the unequivocal language of h treaty solemnly made between two independenl nations. But the gentlemen, not content with raising a doubt upon the construction of this instrument to fortify their case against the American claims, ht.ve actuRlly gone so far as to insinuate that the GoHremment of the Uni«sd States '♦ has knowingly sanctiomid mistranslations of particuLti passages of tue stid instn>- ment, for the sake of counteracting the force of the natural meaning. This is a serious charge, and should have been well considered before it was given to the world. If true, it ought to constitute, in the minds of all honourable men, a strong argument iigainst our claim, that it should have been thought to r,^eed support from so miserable and so gross a device. But if, on the other hand, it has no foundation what loever, and was made with the knowledge that it had none, what must he thoi gut of the spirit of justice and impartiality of those who advanoe it? Your Conmittee hope to establish, beyond the possibility of ccmtradietion, the fact i ot only that, the charge is not true, but that it must — **j ««**vaa ^t*tm J MW>M W tt» (.Not the Goveroment of the UoUed SU(et«] M 2 ft • « The tnuulaikm from which they have thought proper to select two crrora far uiinMd version, was one inserted to an Appendix to a Report made upon the ■ubjeot of the Boundary by a Cuminittee of the Legislature of Maine, in the yr^r < a'JB. Tliis Uoinnrt and Appcodi:. were reprinted by order of the Senate of th.> United States, and apin printtid, together with many documents con- nected with the iioundary, by oitier ol the House oi Represenlaiivcs of the Union for the icfortnatioii of thooe borliefl. Hence it is that this translation is called by the Commiaaiooers an official one. The crrora contained in it, if ihef deserve so serious a name, are onlv two. The CommiMsioncrs complain that " versus septentrionem " is rendered " tt) the north," instead of " towards the north," and that the words " proximoiu navium ^tationem " is rendered by "first bay," and not by "nearest road," neither of which is a greater variation from the sense than their own translation of the words '* per maris oras htto- rales" "by the gulf nhores,^' instead of "sea shores," and neither of wl.ch deserved to bring on an attack upon tixe integrity and good faith of the A rican Government. Bat had the errors discovered in this paper been ten times greater than they are, the Government of the United States never should have been made accountable for it by persons who hed under their own eye the translation of it, ibr which it had assumed a direct responsibility before the King of Holland. In that translation the words comp'iained of are rendered exactly as the Com- missioners desire them. That they had no knowledge of it it impossible to believe, inasmuch as they quote from the American statement, in which it is contained, a passage which is found! upon the very next leaf to the one in which it is inserted. And even without tliia accidental proof, it could not for a moment be supposed, that persons who defigned to present an elaborate review of the American pretensions, as they are called, would not make themselves perfectly femiUar with the only volume extant, in which they are set forth at large under the sanction of the Government. What then, your Committee repeat, must be thought of the intentions of individuals wbc, with the knowledge of all the facts in the case, set their hands to a delilxrate iierversion of them, merely for the sake of castuig a slur upon the honour uf a foreign country with which they are in dispute t The grant to Sir William Alexander is important, as elucidating the origin of the description of the Boundary, as it now stands in the Treaty, out not for any other reason. Your Committee are clearly of opinion, that it does describe the line from the head .vutera of the St. Croix, as u due north line, and that this construction uniformly put upon it, from the eorUest date down to this day, is the natural and just one. It will he perceived, however, by reference to the words, that the territory granted extended on the north to the shores of the St. Lawrence, which is a variation from the present Boundary of Nova Scotia. How that variation was made will be seen in the sequel. For at thin time it appears expedient to follow the British Commisi^ioners into that field where they have exhibited their disingenuous policy most strikingly, that is, in the discussion of the Massachusetts title on the west side of the disputed Boundary, now making part of tlie State of Maine. On the 12th of March, 1663, Charles II. made a grant to his brother, the Duke of York, of a tenitory thus described : — " All that part of the main land of England, beginning at a certain place called or known by the name of St. Croix, adjoining to New Scotland in America, and from thence extending along the sea coast, unto a certain place called Pemaquin or Pemaquid, and so up the river thereof to the furthest head of the same as it tendeth northward, and extending from thence to the river of Ken- nebec, and so up, by the shortest course to the river of Canada northwards." This is the country which was formerly known under the name of Saga- dahoc, and there had always been some question as to the title, between the French, who claimed it as part of Acadia, and the English. Yet, after the Treaty of Breda, in 1667, when Acadia was restored to France by Great Britain, which had taken possession of it during the war, the Duke of York obtained a confirmation of his grant in 1674. And it remained under his authority until, by his accession to the throne, it became vested again in the Crown. Hence it is evident, that it was not iiieu cuusiUcicU w a pan of ihe restored territory. the t 86 Your Committee h«v« now nJaehed wluit they regard to be tlw mom du- ingenuous iiuppreaiion of the Report The new cJmrtcr of MMuohuHetU Krmnted by Willmm and Mnrv, in 1«91, waa made to include the Province of Maine, thia territory of Sagadabor, and Nova Scotia itwlf, aa follow ;— " The colony of the MaRsachuscttH Hay and colony of New Plymouth, the Province of Muine, the trrritory called Acadia or Nova Scotia, and all that tract of land lying between the said territonea of Nova Scotia and the «aid Province of Maine." Theae word* are truly quoted by the Commiiwioners. Then follow in their Report the terms of the grant to the Duke of York, (already quoted by your CommiUee,) in order to explain what ia referred to a» " that tract of land," &c. loiiuediately aflerwarda ia inacrted one of the reservatioaa of the charter. " Provided, alwaiae, that the said lands, islelands, or any premiaeti by thd said letters patent, intended o. meant to be granted, were not then actually possessed or inhabited by any other Christian prince or state." Three pages forward (p. 18) another reservation is quoted, as follow*:-- " By the charter of 1691, Massachusetts was forbid to issue grants in the Stgahadoc territory ; it dedared them not to be ' Of any force, validity or efiect, until we, our heirs and successors, shall have signified our or their approbation of the same.' " Now it appeared singular, to say ♦he least of it, that by the peculiar arrangement of these paragraphs, the general phrase of " the Sagadahoc terri- tory" should have been made to refer back to the old grant of the Duke of York, with which the present charter had no sort of (annexion, and the terms of that charter itself, which very exactly describe the territory to which the clause of limitation was to apply, were wholly overlooked. But your Com- mittee had no cause for surprise when they perceived what those terms were. The provision of the charter so disingenuously quoted, runs thus : — *• That no grant or grants of any lands, lytnjf or extending from the river of Sagahadoc to the Gulf of St. Lawrence and Canada rivers, and to the main tea northward and westward, to be made or passed by the Governor or General Assembly of our said province, be of any force," &c. Very unfortunately for the Commissioners, these words marked in italic letters cut off their argument, that Nova Scotia extended, by a north-west line, to the Chaudiire River, and hence, that the subsequent cession of that territory, by Great Britain, back to France m 1697, shut out Massachusetts from the St. Lawrence ; hence they determined to suppress them without ceremony, and by this mode of proceeding, and by this alone, have they been able to place in their recapitulation the following pruiwsition ; — " VII. It is shown th«i ihe charter of William and Mary, of 1691, does not extend the grant of the SaguiJahoc countiy to the St. Lawrence, but only grants the lands ' between the said country or territory of Nova Scotia and the said river of Sagadahoc, or any part thereof;' so that the extreme interpretation of this grant would require, for the northern limit, a line passing between the head water of the St. Croix River and the source of the Sagahadoc or Kennebec River, which would neariy coincide will i line passing between the western waters of the St. Croix and the HigliLh. «hich divide the Kennebec from the Chaudi^re." Upon similar principles of quotation to those here used, it would be perfectly easy to show almost any proposiUoii to be drawn from almost any ^ But this is not all. It is well known that Nova Scotia was restored to rrauw; in loy.', as alreaoy aSatcd, mid waa, ihereibre, separated from Massachu- setts. But in order to prove that her title to Sagahadoc also was shaken by ■i% s^. ^s.^- % vl >^> ^^ 4 S^. / ^^ IMAGE EVALUATION TEST TARGET (MT-3) 1.0 ■^|2j8 ill ^ m I.I m 2.2 2.0 ^ Saences Corporation 21 WEST MAIN STREET WEBS^£R,N.Y. 14560 (716) 672-4503 k L25 1 M. 1.6 ill ^^ < 6" /. ^■\ S: ^ V ^\ <^ <* o^ i/s t a«l, the Britiali CommtaiioDen quol* an Hlnk»iMi, M4iMy cdl il^ anife'M the oflieiiil AmcriaMi ■tatemeat, dmwn up for the urMtntfeu of the VSStog e# Heii- hiad. The true p — g a reads w> folfams. : — "Great Britain, however, agreed hv the Treaty of Ryswick of the 20th iAiptember, 1697, to restore to FVadoe ' til eoontries, ialands^ fortm and colonies, whe r MW r c r sHmtedi whiehthe FVnteh dM pooeeae before the dedaration of war. Alcadia or Nova Siaotia being deariy- embraced by those ey e a i oaa; and being thus severed from the British dominions, the clause of the MassaebtHettif charter, which annexed that territory to Massachusetts, was virtually repealed, aad' Became a m^ty. The uaderatantttur of the Ritirit Government' of the extent of that restitmmij will be fbond in the fbflowmg sentence of -a letter fiMaa theLordi of the Board of Trade, dated 30Hk Oetsber, 1700, to the Bart' of Bellamont, the Governor' of MMMwlWiSBtt^ via. : *a» far «» towwiariw,- tsv-Awar alwayi insisted, and shall iiuist iipon the English right at far as the River 8t, This extract is qaetedin tfie Report as an admistion, only beeause the verj^ significant sentence in italic letters is utterly omitted. A sentence which pre- cludes at onee aH question respecting the opinion of the grantor of the charter, of the extent of the cessicn. And it is against that grantor alone that the Ucnte*^ Slates have at this time their righi to defend. Your Committee must be allowed here to express the opinion' tint a caose mnat be believed to be weak indeed which is found to need support (rf this kind. It can sewceiybe thought that Her Majesty's CommissioMrs who drew up this Report could have had much confidence in the natural strength of the position of Great Britain, when tliey strive so saduhrasly to keep out of view every trace of authority that bears against it. Your Committee do not deem it expedient to go into thehistory of the trvnsitions from British- to* French anthority, and back i^ain, which the country caifed Acadie underwent, for the simple reason thatj however strongly they might famish arguments upon questions when agitated between the British and! the n«iieh Oovemnient, they can have but a secondary end trifling applieatiOB to those between Great Britain and the United States. But they would' be understood as protesting against the right of the first of these Powers to vary its tone aceovding to nvprndple, ImiI mmjily as its interest may dictate. It is not ftdr ftnr the same Government tc insist m 1700 upon claiming against France the terr i t ory w fkr east as the St; Craix, when it held jorisdietion only on the west side of that river, and to insist that the moniant its position is dianged; and it stands to the United States in the very position that France held relatively to iMelf, the okldidm of France to go to the IVnobseot which it once strennously relisted should ionre to its prseeat beneit. The Treaty of Psris signad o» the 10th of February, l7iS8, to whieh Great Britain, FVanee, and ^win were theparties, secared to the first-named final and uadispated authority over all the territories in the vidnity of the land now in Seetion. Canada^ and Neva Scotia fell into the same hands which oontrolHed assachusetts and the other North American cdoaim. Of conseqnence the duty devolved upon the British Government of organizing the possessions newly acquired in some definite shape under its authority, and of defining the limits between them and such as it former^ly held. That duty was performed by a proclamation issued under the King's name on the 7th of October of this year. And in tha^ prodamation the new Government of Quebec was declared to bs " Bounded on the Labrador coast, by the River St. John*; and from thenr* by a line drawn from the head of that river through the Lake St. John to the south end of the Lake Nipissin, from whence the said line crossing the River St. Lawrence and the Lake Champlain, in forty-five degrees of north latitude, pass- ing along the High Lands which divide the rivers that empty themselves into the said River St. Lawrence from those which fall into the sen, and also akmg ftnr mirth coast of the Bay des Chdeurs and the coast of the Gulf of St. Lawrence to Cape Rosidres," &c. Noir that part of the description that made, which rdates to the line sepfip ••Tife-btsiiifrwrfft Ikw rr«a>i^ SI-. J«kft Ast S^s >9i9 die Bs« sf FubAt. ntiog Quehec from Nova Scotia and Ifawiicfauacttii, ia the only one of import- aocetothApnaart^aeatioa. By that HA^b«. |ieim«d a material mmtioo m»imde fitna til poeowling deeds, bywhioh Nova ficotia and JdaMwchuaetta, vhich had formerly extended to the St. Lamreaoe, were now shut out from it just so far af! the Highlands referred to mifht hi4>pen to lie on the south side of Its bank. And this variation is admitted by Her M^esty's Commissioners to finsnish the first traces of the laggmige used m the Treaty of 1783. The questions immediately occur : " Waa not this a deliberate change made by the British Government for some spcd^c puqioee?" .And if so, "what could have been the nature of that purpose ?" And very fortunately your Com- mittee are not without a clue to the explanation of them both. Almost at the same moment that this proclamation, defining tiie boundacifs of Qudieo in the north was dated, a Cammission of Govemer of Nova Scotia, the adjoining province on the south, was issued to Montague Wilmot, ^wi^tnin^i^ g a description of its boundaries. They are as follows : — " To the northward, our said province shall be bounded by the southern boundary of our Province of Quelle, as far as the western extremity of the Bay des Chaleurs. To the eastward by the said Bay and the Gulf of St. Law- rence, &c., &c. " To the westward, although our said province hath anciently extended and doth of right extend as far as the River Pentagonet or Penobscot, it shall be bounded by a line drawn from Cape Sable across the entrance of the Bay of Fundy to the mouth of the River St. Croix, by the said river to its source, and by a line drawn due north from thenne to b' 3 southern boundary of our colony of Quebec." Two things are ramarkable in this Commission : the first, a variation of the words from those contained in the old grant to Sir William Alexander, by the entire omission of the direction " towards the north," in describing the Une from Cape Sable to the mouth of the St. Croix, and by the substitution of the words, " a line drawn due north," for " towards the north," in the last part ; the isecond, the insertion of that saving clause by which the old French claim, that Nova Scotia extended beyond the St. Croix to the Penobscot, was kept up. It is not probable that any of this language was adopted without a reason. But when your Committee turn from this commission to those of five suc- cessive governors who came after Mr. Wilmot, and perceive that,, although, the general provisions are exactly the same in oU, this little saving clause, as marked in italic letters, is entirely omitted, it appears to them plain enough that this omission is an indicative of some marked design as was the original insertion. The great difiiculty in the way is to know, at this remote period, the precise motive of this singular variation. And it is scarcely probable that any one could ever divined it, if it had not been for the discovery of a passage in a letter from Ja/spar . Mauduit, agent of Massachusetts Bay, to the Secretary of said province, dated )x>ndon, 9th June, 1764, which fully explains the cause of the whole procetjdiog. It runs as follows : — " Sir,— It is witli pleasure that I now write to inform the General Couit, that their several grants of lands to the east of Penobscot, are in a fair way of being confirmed. " Mr. Jai kson and I have sought ail opportunities of bringing this busi- ness forward ; but the Board of Trade has been so much engaged, that they could not before attend to it. In the course of the affair the chid" things insisted on were, that the Lords, notwithstanding the opinion formerly given, are still disposed to think the right of the province doubtful as to lands between Penob- scot and St. Croix, because the case was misstated to the Attorney and Solicitor- General, and that, whatever be the determination on this head, yet the Lords think that the province can claim no right to the lands on the River St. Law- rence, because the bounds of the charter arc from Nova Scotia to tne River Sagadahoc ; so that this right cannot extend above the head of that river. TAat, IJkowewr, if the province will pass an act, empowering their Agent to cede to the Crown all pretence of right or title they may claim under their charter to the lands on the River St. Lawrence, destined by the rotfal prockmation to /am part qf the Government of Quebec; the Crown will then waive all further dispute ^ ' 7 roots r«^ed «p.a ita ZS- ' ■"" "" ■»"«'"»•"»' -< ««« me OM rrench title now vested in Great Hriiain ti.»...~k .l . . ^ive Ae.di.totheland.ofS.giid.hoc * "" "^"•"^ot in J.i£Lo?^Kro""h.°l7SeTAe'"k';r ''™! P"*^' *Whn.e,te, being ceded .i.ho..Ti"te ^ otlS 'tS'^to't'?"^ '"i! tohe^,„„,i„„,„pcc,i.S the jumdicti,^ „f MSS^.in',.;",^^.^ Yet directly in the face of all thia. Her Maipatv'a r««.»,- • pretend that the Proclarmtinn «<• 1 7«'» . i ! ^aj^tys Commissioners now Mri'ti'^-^""" "- s'.Hbut.Se.^'.^cThrprs.ir'jf to^ bo.nd«je.in 1783 „ the „a7j^i".tdJSb,t^^^ Itom ever going b«ik into the hi.tory of ancient titles FreS 1 ?«lji.i. . "I" "P "■".'" "i!!- »Wch to defender present clZ ^^''- '° ~«d H Kif™ ^ein'tllf ?l,°' *""•'• ''°'''''« "■""I"' •<»™l»' ""bar- rassea cy me unitorm tenor of the anaent maps of the DisnutMl T.>rrit^r^ -ii r which favour the American demarcation of thEboundarv Kf^^^L ^' *" ?^ a degree, with the position assumed bv th^m th^- »l!!Vi ^""^e»PO"ai m bringit forvard as an importa^Zt of thef^ T is^mifa^^Lr7 ^'f^ fast side of the St. John's, puts the Penobscot and the Kennebec in each other's places, and is, in all other respects, as rude as can well be imagined. Yet this is the authority which is relied upon in part, to prove that duo north means more west than north, and that the framers of the Treaty did not know their own meaning, when they defined the boundary as a north line. The map of Ue Lisle is not worthy of any more consideration than that of Coronelli. But it may be advisable to dwell upon that of Evans for the sake of the singular blunder into which the Commissioners have fallen respecting it. They claim that the description of the southern boundary of Quebec already given from the Proclamation of 1763, was founded upon the map of Evans pub- lished in 1755. But very unluckily, the map published by Lewis Evans at that time was a map of the middle British Colonies only. It was not until 1 776, or thirteen years after the proclamation, that Governor Pownall's addition to it, containing New England, and the bordering parts of Canada, saw the light. Hence it follows that the framers of the proclamation must have had some other guide to gn by than this map, and that, if the jiublic is to " find in the description of the country contained in the public documents promulgated immediately after the Peace of 1763 a mere echo of the information produced by the explorations of Governor Pownall," it is probably of a novel species of echo that the Com- missioners treat, which is heard before the toxmd that occasions it. The truth is, that Mitchell's Map, and Mitchell's Map only, is the import- ant one in the whole of this controversy. And that not solely because it was a map undertaken by direction of the I^rds of Trade, and derived from official papers in their office, and was, therefore, more likely to be accurate than any other map of the same date, but because there is abundant evidence on record to prove that it was the guide of the negotiators of the Treaty of 1783. It is alto- gether likely that this map was the guide of the British Government in drawing up the proclamation instead of that r^ V>woall, which has been shown to have had a much later origin. Neither is Vownall's M?" itself at all deserving of comparison with it in point of accuracy or fulness. The great reason why it has been dra^d into the dUcussion appears to be, that along the interior there appears very vaguely laid down aline called the " height of the land." And as this line, thus vtgue, may be made to correspond to the " axis of maximum elevation," in quest of which the Commissioners were sent, they very quietly set it down as the same. They go on to say, that this ridge was familiarly known to Governor Pownall and the British ninety years ago, notwithstanding that in another part of the same Report, they claim great credit to themselves for having just found it now, and notwithstanding that Governor Pownall himself declared, that " of the nature and course of this Highland," that is,. of the Highland between the Kennebec and the Chaudi^re eastward, he was totally unin- formed. Your Committee will pass at once to another argument of the Commission- ers, drawn from a minute inspection of the instructions given by the Congress of the Confederation to their Ministers who negotiated the Treaty on the j)art of the United States. It appears by them that the Congress directed them first of all to press their claim of boundary beyond the St. Croix River and quite up to to the St. John's on the east, and to take that river as the line, from its source to its mouth. This wiis done under the impression that the Charter of Massa- chusetts, given in 1G91, which was the source of authority respecting the boun- daries of that province, justified the pretension. But when this claim was decided utterly inadmissible by Great Britain, the American negotiators were directed to fall back upon the exact lines that could be clearly maintained by reference to the Charter, and to make the St. Croix on.^ of those lines ; and to these terms the British Ministers finally assented. The exact use which Her Majesty's Commissioners make of these facts is this ; they argue that the British refusal to make the St John's the Boundary in the first instance is utterly inconsistent with the supposition of assent afterwards, to any such north line towards the Highlands as the Atneiicans claim, because it implies the absurd idea that the British Ministry would have been willing to con- cede at last a greater and more valuable territory under a boundary, avowedly reduced, than they originally refused to yield, and the very pjoposition of which they declared to be utterly inadmissible. When the American nego- tiators, therefore, decided upon receding from the claim as far as the St. John's, they could not be supposed to intend to substitute as less inadmis- i-l«t^^on« have been proposed, and arc still under discu^iJn ; but no decbion huH yet hc^ come to. One u>i of rewludons, proposed in th^ Senate J^ n\S Tr^K \^^ "^P**^^ *° y°"' LonUhip,Trhe 21st olFet' J^^l .Tn ^K„ n * ^\ ^ecutive ovomment of Maine shall be directed to call upon the General Government of the Unltctl States to take measure. ii?""' Jf° Madawaska Settlement*. Another set of resolution, ha. S «bse<,uent y introduced in the House of Representatives by a verTviolS «id turbulent member, of the name of I)el4lemler, authorizinir the State Oovemment it«j f to take immediate mearare. for the removal of the Britidi S^fhvTi'^n ILV*" '^^ "---o'^tio^/r^d in ParUament, and commented upon by the EnKli.h nevmpapers. Neither of the above seU of rcwlution. Hl^'nr/?^^**'/*'"'?'^''^^"'"''*'*''''^^ »»•« concurrence of the S^ JlS . Legulature. The queaUon upon them wa. .UU The more moderate and pcaceftil of the two political partic. has this Cnnrt 'r X" ?"*" LeB«lat"'-e of Maine; Snd I shS, S,?^^! have no doubt of the first mentioned, and least offensive, of the two set. of WW luuon. prevaj msr, if it wore not for the consideration that the « Boundarv Excitement." a. it L called in Maine, never fails to be strongly iSS S.il^'h '"'* "• '"""""r ^«'rf *^^"°"= ^^ *at the alaming Zute wluch has arisen out of the business of Mr. Mc Leod, may Sraw^the Legislature of Maine into more violent counsel, than would otherwiw have been followed. (Signed) I have, &c., H. S.FOX. No. 23. Mr. Fox to Vitcount Palmertton.— {Received May 16.) ^y ''°"^' IVaihington, April 26. 1841. I HEREWITH inclose a printed copy of the Report of the joint Committee of the t^yo Houses of the State Legislature of Maine upon the North-Eastern Boundary. This Report was presented by the Comnittee to the L..gi8laturc on the 30th of March. It reiterates the usual assertions of the claims of the State of Maine, and complains, in the same tone as here- tolore, ot the occupation of certain poets within the Disputed Territory by detachments of Her Majesty's troops. The Report, however, concludes with recommending the adoption of certain resolutions, which, it will be seen, only go to the extent of calling upon the General Government at Washington, to take measures for the removal of the British troops; it is not recommended that the State Government of Maine should take such measures upon its own responsibiUty ; this distinction is clearly of great importance. I\am not yet r-.t informed whether the rwwhitiont, •■ above recommcndetl by the Committee, liavu Uieii finally an\o\)U:marcmtkwaiMi jnriiidictkNi hotwoen th« twr, contiKuoua Pmvlneai of New Brumwiok aiia Limer t^iwd». The n.)rth-w«t «ngln of No^ UeoUa hnil no* bsen (lefliUt«>lv bw ertuHiwJ. Whi. th» mofjrfian Norlh .XSt. Johu, ,,r„i,er(y p.rtlng watw. Ih*t went Into tfie 8t. Uwrmiro mmI lh<« AtUatk, then might br truund fbr tncing nnd apflyinR that term. Homf .kmN wna M],rwa«», fin- the (irat time, on the part of th«! Hritbh (!ommi«Bi«n.^n». in th« a<>ffotiatioiM which »onk phici* previona to the Treaty of Ghent, wh«ther that 'small iiorlloo ofnB- •ettled country, which intemipted th«^ rnmronnlcnflon between Quebec and HaHftix, dl«i not already belong to CJrcat BHtain. Thin donht wan only mwd, at a late monflnt, for the pnrpoae aiiparontiv of iif)licitinx " '•«wiim (fbr which an cquivaieiit hnd been prevbtuly tendered nnd declined) of at leant that portion of unoccupied territory. Long lM ■ent formed nnon the banka of the River Mndawaskn, by aome Acadbm ftigi- livea, who had been expelled from the Province of Nova Scotin, and aeata noted from their next plaet of reftire In New Bninswick, to this then seqnew terod apot, where they wrre joined by u few French Canadians, far, m they •npiKMcd, from iVirther tonble ami mohmtation. The point rcm)ectinir the •wirce of the St. Croix wna determined mider tlio Trentv Convention of 1794 which finally provided for tlie imrretKlet of all pmtR field ntter the peacw' FrevlcHM to thi» p« no tory puMishcd by aathority of Parliament in 1827, as well as by other subae- quent Britbh maps. I'he privileg;e which was enjoyed, of a more direct com> munication than they were entitle*! to, by this route, across the comer of oar territory, was one never denied, or even objected to, and drawn into oontro- versv, until it was first challenged as a sort of acquired right, and arrogated as anabaolute pretension. Its germ first developed itself in the ambiguous and circnitouf forms of expression, by which the British negotiatoia went about to accomplish some point of tliis kind at Ghent. Maine entered the Union in 1819, without any apprehension, or even 8a8>- picion, that her material rights, as n;; independent State, entitled to certain umita, and that her title especially to a large; pm to about one-third of the ter- ritory of Maine — a tract which thereby acquired tlie designation, too easily allowed to pass into use, of Disputed Territory ; and it is needless to say that this circumsiance has since proved to tie pregnant witii Uie utmost r.iuicliief io the State, and to have been vhe prolific source of almost every variety of jvil to its peace and prosperity. It turns out, by the recent brilliant scientific oxploraiion of Major Graham, as was insisted at the time wheu Ums pretence v«ii broaght to hpht, that the true hne firom the Monament doet not even luni^a of Maine. Thw false and prepoBteroM position, indeed, has been JaomUy treated by reebectable BntiBh writen, who are atUl not willinir to yield to the whole force of the American claim of right in aU its extent, in puWica. toons of ability, as entirely untenable and destitute of pretext. Mais HiU ^*™' ■"ly.'" ■t^'d.fo'- age", a monument of the giganUc and monstront absardity of thisaudaaousaasamption. It is, no doubt, to be regretted that the Oovemment of the United States thoold have found t]i«. object in such a state, from the result of the Commis. non imdtr the 6th Article of the Treaty of Ghent, as to be obliged apparently to reccgmse and to B»ve colour to thi« extravagant chum, by the perhaw unavoidable form of the ConvenUon negotiated at London, in 1827. fOTVefer* Xing the question to an umpire. ' It was at this moment, we may remark, that Mame suddenly saw the sword suspended, as it were, over her head ; or perhaps we should more fiUy ■ay, when she beheld the scales about to be put into the hand of an athiter whoM acknowledged bias would be, the same whether king or farmer, to split the difference. Another circumstance, not calculated to allay this concern was the discovery of an accidental misapprehension into which one of the most prominent negotiators of the Treaty of Ghent had been led, m a private letter atlerwards pubhshed, written immediately after the signature of the Treaty of Ghent, which was to the effect that Massachusetts had not the shadow of claim to any territory north of 45°, eastward of Penobscot river. It cannot be neceseary to say that this momentary error has sinrc been most satisfactorily explained and rectified. It may not be wonderful, however, that Mame, at this moment, surprised by this sudden development, of which she had been alarmed by rumours, destitute of the documentary evidence that had been made use of m relation to her title, and ignorant of the grounds upon which It had been impeached, or of the extent to which it might have been compro- mitted, without having been consulted, neither herself nor Massachusetts, m a single step or stage of this course o*" proceeding, in which her rights were so senouslv mvolved,— it can hardly, therefore, we say, be wondered that Maine was induced to exclaim, through her Executive organ, that she had not been treated as she had endeavoured to deserve. The assertion and announcement of this new and strange pretension was accomianied, as will be well remembered, also, by a sort of simultaneous charge from th*^ Provincial powers of New Brunswick, along the whole luie of the hithorto undisturbed American possession and popnlatioh. The boun» dary, supi)osed to have been sufficiently established from the St. Croix as far as the St. John, was now broke into. This assault was made upon all per- sons, without discrimination, who mijht have thought themselves protected by the authority of Maine, or by the power of the United States, within the pre- cincts of what now, for the first time, was practically marked out as disputed ^^^^' ^ ^°^^ "^ ejectment was served about the same time, in the fall of 1H27, upon all the settlers on the Aroostook and the upper parts of the valley of the St. John, as Intruders upon Crown lands ; and much complaint was made at the time, not without foundation, of the terror and severity with which this sudden exercise of foreign authority was employed. At this period, tor., an American citizen, who had acquired the possession of an original Ame- ncan settler, seated upon a grant under the authority of the two States of MassachiisettH and Maine, at the confluence of the small stream before-men- tioned with the St. John, having the protection of the Governor ui Maine in his pocket, was seized by the SheriflT of the adjacent county of New Bruns- wick, and conveyed as a prisoner to Fredericton. It is due to observe, that upon inquiry into the facts, by the Government of the United States, as well as by that of this State, the liberation of tliia person was required, and an indemnity was demanded m a tone and spirit worthy of the occasion ; and which afterwards served as a precedent on a nmilar one. B»it it was unavailmg : nor did the intiirferenceop<'rato any alle« viation to the condition of the unfortunate prisoner, nor as an abatement to the ngour of Provincial suthority. Notwithstanding this reclamation, and in defaance of this demand by the Government of the United States, the pro- ceedings went on, and the iudividual was tried, convicted, sentenced, aad y^^^^Hi 1 pHH I^H^mH pfll 4 *a tf!. Ill poiriBhed te liis aUMwt •fioMes ifaiiMl Ak CiowAsnd Ooverament of Gmtf IMU^ B»ker «adnrw«a6 hi* Mntenee, ud letDnted to beeonoe ■gain thi aalqjeet Ihs chi»» miA beeaioe b jMuct of the evufesce for nah cd •ffdnat the United i^tattay in Ite sohraiauoa to the Kmg of the Netberiaacb. Aftct this moDVch iMd in fiict ceased to be that independent SoTeni|^ to vdKWi the cfUMtiott was refinrred, and was obliged to rcl;|r npoa the ani^iort of those Powers, among them Great Britiun^ which had nused him to a hmgdm ■ow redaced to one>half, and when, nnder these circnBistamcesy in the room of vadattakiag to ^t the differexice, he concluded to> advBe some aneemenk to ttat eSeety and when that adviee was declined to be accepted by the Gorerni* ■wnt of the United States, then flawed a period of some dnration, over whiofa we shall bo willing to draw the mantle of obhvion. It was a period d ofaeeoN ration and eclipse to the condition of this question, which may tje denominated dM dark day of ito diplootatic management. For some considerable season Ae negotiations and transactions between the two Governments were riiroadad in inpenetrablemystny ; and «*« shade wss in some degree cast over the pro- ceedings at oar ows. A plan was on foot, in the first place, fior adopting the propoeal of the arbiter, «id making it the basis of a frarther compromise. This Sjject was defeated by the reftisal of Maine to enter into it blindfeM. Ttea lowed the singular suggestion of turning aside from Uie due north direction, mk sweeping the coarse tov/ards the wea^ for some indefinite and uncertain object, thiit wonld best answer the descriptino8t remarkable sleigVt is Sat by wWch it^cwJvnTr ^""V /''i"P* '^ ™~* sources of the St. Croix Zl t^fT^nn^-A I * l^'"*'*'*. ^° *^*«'««'» *e direction to one nearly wist ^andl^^be^vs a -hl-lr'^^^^ ^^' •""* with the diplomatic scVme WSJe meSS '^^^cW &^^^^^^^ for hiehhnds in which both parties should agree » ^"'^'^^^ ^™" ^° St. Croix of the ch^rlt'oTia?^^^^ -«^ ^^^1 unworthiness P^rmt'a^d Yn tlehtef ^e tS' V^f^^^^^^^^ forbearing to remark, and to exprSS regret^n reLecTS^^T^ T »hich 1, hypothetical and arBumontativi, and that »Mcf il« J , S?' particdar oxecutta of the A a^gnod'to 1 S,»wL» ta ISS sVS^,Turex"S: ""' »-""f-^ ■" ->■• "TpSi'K rp^nira?»£r£;^rofi';vs/o^f,^/^n';?=^^ that the Treat, » capable of bcm/S^raKccWed it^^^^^^ *"'!? extends back to thcl^rJ. TrltJsof cfn.^lJ Lh'-?""* °^ ?"'l' '^'^^^^^'^^ records of the seventeen, ' . n rt a t' ^^^ >taPPears m the authentic ance is given :tTa;aiden a^X^i T^^^L'TS XIV^'Z ^T' hLLd SS^nreit"' fte?aJ^=o1 "^ C^j'S^Sj KI^J^ 'i'i m 1^' ! Ml in that direction, with short and rapid rivers or runs of water on that tide of fbe St. Lawrence, accordbig wiUi the old French aocoonta of the mow section of country ; and they are recommended to pnblic attentim in that work, which was publbhcd near V\o eve of the Peace of 1763, in cooiiexMm with the subject of & convenient barrier or boundary for the British P.'oTitioea, in any future demarcations. The BriUsh " Annual Register " of that year, too in its text, contained a cotemporaneous exposition of tlie Proclamation of 1763 ; and the highlands were then described, and their situation was laid down and illustrated on the accompanying nup in the same volume, as they were ther and afterwards understood and acknowledged until a very recent A remarkably dear light is likewise thrown upon ti»e character of thi» well-known highland boundary by a document that has teen preserved among the provincial or state papers of Massachusetts respecting it, bearing date in the following year, 1764. A questbn having been started at that moment, when the Crown was looking up its lands in all directions, whether the lands lying east of the Penobscot, or between Nova Scotia and the Sagadahoc (for- merly called the Sagadahoc territory), were not more properly crown lands, and therefore not for the General Court to grant, although included withm the Massachusetts' charter, anu therefore strctchinp to the St. Lawrence, it was brought before the Board of Trade, and became the subject of discussion between the Provincial Agent and the Britisli Minister for that department. The Lords, at least, thought that the provmce could claim no right to the lands on the River St. Lawrence ; and it was the opinion of the agent, though the original patent extended to the river of Canada northward, that it was not important to Massachusetts to preserve a portion of country which lay so remote, " and whose rivers run still further " from the old part of the provmoe " into that of St. Lawrence ; " and it was proposed, that if the province would cede all the claims they might have imder their charter, " to the lands of the River St. Lavirrence, destined by the Rcyal Proclamatkm to form part of the Government of Quebec," the Crown would waive all further dispute concerning the lands as far as St. Croix, and from the sea coast of the Bay of Fundy to the bounds of the Provmce of Quebec ; and the General Court was thereupon advised to relinquish the narrow tract of land which lay beyond the sources of all their nvers, and which was watered by those that run into the River St. Lawrence," as being of little comparative consequMico to the province, but " absolutely necessary to the Crown, to preserve the con- tinuity of the Government of Quebec.*^ Thw historical document shows precisely how the narrow valley of the St. Lawrence was viewed at the time, m England and America, to be marked off by the recent Proclamation of 1763, of which it is a contemporaneous explanation ; and exhibits, therefore, in conspicuous relief, the situation of the naturally and necessarily separating, continuous elevation. , , , o » j That such a range of highlands contuiued down the St. Lawrence, and branched off toward the north aide of the Bay of Chalcurs, v. as alike recog- nized and represented in the acts of the Crown and Parliament from 1763 to 1774. And the known configuration of the earth in that quarter, necessarily establishes such a fact. , - . i . j • The Committee need not say, that the existence of such an elevated rise of land along that general direction has nt s er been drawn in question by any cotemporary authorities, or done away by any subsequent inquiries. A topo- graphical description of Lower Canada, by the Surveyor-General of the pro- vince published upon the conclusion of peace in 1815, and with full know- ledge of the articles in the Treaty of Ghent, delineates " the ridge rising at a certain distance, generally denominatt^d the Land's Height, divWuig the waters that fall into the St. Lawrence from those taking a direction towards tfic Atlantic Ocean, along whose summit is supposed to run the boundary Ifaie between the territories of Great Britain and the United States. Tliis chain commences upon the eastern branch of the Connecticut River, takes a north-easterly course, and terminates in near Cape Rouer, m the Gulf of St. Lawrence." Now, it was upon this section of highlands trending toward the Bay of Chalcurs, or rising along to tiie noniiward oi ii, na diinMnAuio by im eye, or determining the water-courses described by the Acts of the Crown and Parliament, in 1763 and 1774, where the rivers ihookl separate off m off in diflennt direetiom into the St. Lawrence and tato the Atlantic, wheraver that Aenid be inteiwctod by the meridian, or doe north line by celestial obaerva- tiol^ from tho St. Croix,— that the bounds of the United Sutes. deEacd bv »he Treaty of 1783, abutted. ' The Ck)nunittee refer to tliia as the only real and proper qnestitm of a geofrraphical kind which can arise or exist in the case ; and nothing was ever ■eceanry but to ascertain and define that true point by degrees of latitude and longitude, as was afterwards proposed to be done by the unratified Cob> ventions bt^re mentioned of 1803 and 1806. They have adverted to thia point, and allowed themselves to look back upon this ancient and well traced Bne of boundary upon the horizon of former tunes with more freedom than tiiere mig^ otherwise have been occasion, in consequence of an idea, at first msmoated, and afterwards more gradually developed, and confidently insisted upon in the diplomatic papers of Great Britain, since the period of 1832, that Bo such range or region of lughlands m truth existed, and that the Treaty of 1788 was therefore physically incapable of execution. Such a fallacious auggcstion was imdoubtedly, entirely in the face of all former observation and political exi^rienco in regard to the question. If there was room for anything to confirm this point, it mig!it be found in the acknowledgment of the fact, in every form, in which it could be made at tho time of the Treaty of 1783. Authentic evidence exists that the British Minister at Paris was ponessed of all the " books, maps, and papers, relative to the Boundary " which were wanted, from the public offices in London ; and without referring to tho condusive character and effect of Mitchell's Map, which was regur larly prepared under the sanction of the Board of Trade and Plantations, and was the one immediately before the negotiators, all the maps known to have been published in England, from 1763 to !79;j, nearly twenty in number, carried tho course of the boundary line fron the source of the River St. Grdx northward, across the River St. John, and terminated at tho highlands, in which the rivers that fall into the St. lAWTcnce take their rise. In all those maps, the north-west angle of Nova Scotia is laid down on those highlands 'where that nortli line terminates. In all, thi highlands from that pomt to the Connecticut River divide the waters that fall into the St. Lawrence from the tributaries of the St. John, and from the other rivers that fall into the At- lantic. Several different maps published in England also between the preli- minary and definitive Treaties, in November, 1782, and September, 1783, lay down the boundaries of the United States, similar to those delineated in the previousmaps as the boundaries of the Provinces of Quebec and Nova Scotia, and as they have ever since been claimed by the United States. All the w<»ld knows that this was pointed out and demonstrated, without any denial, in the debates in Parliament immediately upon the Treaty ; that it was defended by the Ministry who had beiJU put in to make peace upon terms which they were disposed to render favourable to us, and that the contest was determined against them upon that groiind. If access could even now be had to the various depositories of the papeis and correspondence passing between the British Ministry and its negotiators at the Peace of 1783, your Committee have the persuasion that a still more conclusive light might be cast, if it were possible, upon tho intentions, as well as the terms, of that Treaty, so as to dispel all shadow of doubt that might rest upon that question, even in England. It is unnecessary to repeat the deep concern and mortification with which Maine became acquainted with the state of negotiatran tm thk subject in 1836. It was shown to have been so strangely conducted, under the long course of diplomatic management, that almost every trait of the Treaty of 1783 was effaced, and all the real and permanent features or characteristics of the question were quite altered or lost sight of And it was finally insisted by the British MiaiHler, forgetting tlie height of Mars Hill, that a dfue-north Kne from the St. Croix would strike no highlands described by the Treaty. The topic indeed was taken up, as though it was fresh, and was treated as if there had been no prevwns Treaty at all about it. Without making any other remark in regard to the mode in which the subject was thus managed, it ia no moro tfiiu pt'oper to »ay, liiat ii aervisu as a prelude to the iurUitir jtroject, afterwards disclosed, for unsettling the source of the St. Crmx, and striking a line acroas the coantry to the head of the Chandiidre. The same spirit had P 2 IV .'\ 106 I 5 ' only to travel back, whether in the shape of critical acntenea or geolot^ical reuarch, and rcniovo the highlands described in the Proclamation of 1 763 Avm their heights, where they sent their streams into the St. Lawrence, to that interior and formerly unknovvn region where they might bo conceived to constitute the maximum axis of elevation ; or, to go yet ftirther, to the sup- pression of that portion of the old charter of MasEuichusotta which contemplated Its "extending troni the river of Sagadahoc to the Gulf of St. Lawrence and Canada Rivers," &c. ; and also of the passage, as quoted in the American statement before the King of Holland, from the letter of the Royal Govornor of Mpssncbusetts to tlie Boaad of Trade, in 1700, that '* as to the boundaries, we have always insisted, and shall insist, upon the English right as far as the St. Croix ; " or, furthest and last of all, by vouching a stale pliilology in aid of a new invented and aiMcrynhai geology, so as to change the original direc- tion of Sir William Alexander's obsolete grant of Nova Scotia from the northward, in a straight line, towards the west, to the head of the remotest river, the Chaudi<^re, that falls into the St. Lawrence opposite, or just above, Quebec. From the publications like this last again alluded to, not without repug- nance, it is refreshing to the tesUmony of a moral sense in the human breast to turn to opinions, in relation to the general subject in recent and rusiiectable English periodical works, delivered in a tone, as well as, we doubt not, a spirit of e(|uity, moderation, and candour. If the Committee cannot emulate, as they would wish to, they can at least acknowledge, a tone and temper lik'j this, and they can at least hail it as an auspicious harbinger of a dawn, if not a day, that has not even yet fairly broken — oh ! when will it ever burst again! — from the oriental glory of old England upon the broad, eternal ground of truth and justice ! It is trusted by the Committee, that this retrospect will not be regarded as unimportant, nor the lasl portion of these remarks be deemed as a digres- sion, in view of the period which they are approaching of 1B38. Previous to which, it may bo mentioned, that a strong solicitude was awakened in tho breasts of the people of this State, by observing the advancing progress and extent of British usurpation, and encroachment upon the Disputed Territory. One of the most extraordinary was the project for a railroad, proposed by the Legislature of New Brunswick, called the St. Andrews and Quebec Railroad Company, to which the Legislature of New Brunswick pledged its co-opera- tion, and which was imtronizcd by a Roval grant of 10,000/. A railroad of this description, it was plain, must have intersected the State of Maine quite south of the St. John ; and the plan of it was to cross the luie at Mars Hill. This enterprise did not c8ca|K> the vigilance of the Legislature ; and, although it was relinquished, tlie demonstration was not lost upon the public mind. The subject was taken up at the ensuing Session of the Legislature in 1837 ; and the Joint-Committee on the north-eastern Boundary was instructed to inquire into the expediency of providing by law for the api>ointment of Com- missioners on the part of the State, by the consent of the Government of the United States, to survey the line between this State and the Province of New Brunswick, accorduig to the Treaty of 1783, and to establish monuments at such places as should be fixed by such Commissioners, and by Commissioners to be apiwinted on the part of the (Jovernment of Great Britain. Upon the Report of that Committee a properly modified resolve was adopted by tlie Legislature, that the Governor should be authorized and rec|ue8ted to call on the President of the United States to cause the North- Ea.stern Boundary of the State to be explored and surveyed, and monumcntb erected, according to the Treaty of 1783; that the co-operation of MassachuKctts should bo soli- cited ; and our Senators instructed and Representatives requested accordingly. In consequence of this resolve, it is well remembered, an appropriation was obtained in Congress, on the motion of Mr. Evans, of the sum of 20,000 dollars, for the ]>urposo of such survey, and to carry the object of it into effect ; in regard to which it is needless to remark, that nothing was ever done; nor is it recollected that any other reason was ever given for the omission than tho existence of some negotiation. The appropriation was limited to two voa?^*. In th^ int^rviil- i*". wii! not He foyotten. anotncr Ameri- can citizen, and it is hoped, the last, was arrested, within tho Madawaska precinct, in execution of a duty assigned to him by the laws of the United m SS!r\.?Hi*I! *''° '"*"'• f "thorite- of Maine, ami wa« impriioned, once and Til i^" T ^•^n*"?"^ '•b?™'^*'- This 8ei,,ure was* made the .ubjS S;« SFii """^ >'o«'*'"« '«» 1" tlic same manner thai had been adopted^ in the former caae. and with similar success. These reclamations, it maybe obeerved, have remained over since suspended. Tlie National Government fhJ hK"; :f i u'V"""'"'"'^ ?" '^' ^'' "*■**«'"«' «'"'» have acknoSS ™^K In ^•*' i° ^''nj^"?"^'""- But the deepest improsHion was mSe upon the public mind, at tfiis last period, by the open marching of British the intention to do this, the Committee would observe, that simple notice was given by the British Government ; and it was accepted, and communSj^S ^«LlKv"'*r^' tobednly appreciated by ours. That Committee feel restra ned by motives of a hiRh prudent, and moral nature, from commcntinir ^JS^tr-^nT*""'-' '!! "" ^^'. "''"**:°™ '" ""^'^ >t » concerned, and iS regard to all the reflections and emotions to which it jrives rise Candour requires the admission, that the national administration (fid not at that moment foresee the consequence of this inconsiderate facility, or probably aniicS that It would terminate, as it has done, in an actual and Apparently "Ste muEv force. ' ^^'' * ' ^'"^''"^^ '^""'^'^ ^^ «" KbUshed Sh n„Uv»wS""""r^^ T: "^"i"^ ^ f y' *'»** ^^^y 'J" n«t wonder at the diffi- culty which was found to understand the subject, or to perceive all its prooer relations, in the state in which it was left previom to tSe period of thrSe administration ; and thev readily acknowledge that, making'due allowance fS the embarrassment m taking it up at first, there has been no want of an able and sincere attention to Its interest; and that it has been pasaed from the found if Secretary of State in a much better condition than he The Committee have now come to the period when Mame had so Ion? seen heraelf exposed, without having any adequate shield against the aggre^ sions and encroachments of the Provincial Government of New BrunsSk upon her borders; and when, feeling the extreme inconvenience and dajager resulting from not having any marked and established frontier, she was com- polled by necessity to take tno work of ascertaining it into her ohti hands and of determining it, so far as she could, unless she should be relieved from Th.a £„^ superior prudence and power of the General Government. In» Inl ^^,?;^^'^y^^^^"*l^rtmc^ and propriety of causing this to be done, If It could be so, by the authority of tW United States ; and if that recourse failed, the State was no less clear in regard to tlie duty it was owing to Itself Indeed, it saw no other alternative. At the same time, therefore, lt„ ^f fi^^ ^^'''' r*^S^l*« g>7 'ts consent, beforehand, to a conventiona bne. It ftirther resolved that unless the Government of the United States should, alone o.- in conjunction with that of Great Britain, run and mark the hue, by a certam tunc, (which was fixed in September, to await the adioum- ment of Congress,) the Governor of the State should enter upon the execution of that measure No provision, however, was made for the necessary expense of that service, beyond what was contained in the ordinary contingent fund That resolve and this fund were all that the Executive of the State had to guide and to aid them. ^f.^ '^'''K^°?u'"r ^? "°' "'"P *° ^*''**' ^^ •^"f!^*'^ ^he views that were taken ofthesubicct by theGovmorof the State of that period, under the duties prescnbwJ and enjoined upon him. They are exhibited in the communica- ions niade by h.m to the Govcniment of the United States, and esi)ecially to the delegation of this State m Congress. Those views might be referred to still with interest and satisfaction ; and it would give the Committee pleasure to copy them mto this Report. In substance and amount they were: -that Maine was not desirous to assume the attitude required by her resolves- that the people looked with intense interest to the expected action of Congress and If » *!, ,t'-f /w*''''"''"' "r° ^-^'^ '"^J^^^: «"^ t^»^t their earnest wish was. that the United States would go forward in the matter; that the State did not secK to act independently of the United States, but did feel that the sub- ject ueiOiii.^ca propcriy to the ''ioveruiuent of the United SUte>s; that the question was a national one, be action thereon should be national ; that It was important that the Provincial and the British Governments should t I :M ^im leB ondenUnd, that what waa to be done ghnild be an under the anthority (^ the General OovornnM'at, and would be Huitainvd by it ; for ») lon^ m Ihiiy auj)- pOMd that Maine was not acting in acrordancc; with tht; srntimenta of the United States, but proct)ed«Kl on her own rt-sponaibilil) aiune and tuump- ported — so long must wo oxiicct a rcpetitbn of outrages npm our rights and upon thi! i^ersons of our citizens and agents. Maine was obliged to move iqwn lier own responsibility ; but no just inference w»s thence to be drawn that she intended to ubaolvu the General Government tVoni its constitutional obligation, as the principal, responsible guardian jiower ; and the course pres- cribiHl, was evidently iiilewled to be pursued only in the liist resort, to assert our rights, all other measures failing. Hut in that rtispcct, the determination of Maine was aiuionnced to be Hxed and 8cttlt>d ; and, so far as nested on her Executive, her will, as expressed by the Legislature, should be faithfully obeyed and executed. The Committee do not deem it necessary to go faito all the drcmnstances of that eventful Resolve, and to review the whole tntkiaactions of that |)eriod in which our cause waa raised from the character of ii border quarrel— one in vrhich it had too long lieen viewed by other part.s of the Union — into its due relief and importance ; when ii was presentcil to public favour, and placed in the foreground of our public afluira, and lifted into the clearer light of day, as a matter about which there could be no doubt, and there ought to be no fur- ther dispute and delay. It was replied, at the same time, from the deadly repose of diplomacy, and almost redeenn-d at once from those enormous errors and obli(|uities in which it had bt-en involved by the predecessors of the now late Secretary of State. An arrangement was, at this [loint of time, without waiting any further, proposed by him to tlie British Government, under the direction of the President, to test tlie correctness of tlie opinion of the State of Maine, tliat the line described in the Treaty of 1783 could be found and traced, whenever the Governments of the United Sates and Great Britain should proceed to make the ree cordial and unanimous recognition of her righto by both its branches, and by the subserjuent acknowledgment, so long suspended, o£ her titln of the previous consefjuence of the resolves and proceedings of 1838 in this same respect. Without questioning whether the Americas Goycniment ought to have allowed the Britisli to have been in advance upon an investigation of Uus land, it may afford sufficient sjvtisfaction that the main ob}«>ct has so far be<;n answered, and that the resolves of 1838 have been thus, in some important respects, altliough still imperfectly, performed. In tliis resix'ct tin? Committee may allude with gratification to the so far satisfactory results to wliich the Commissioners recently appointed by the Ciovcrnment of the United States have arrived, as already communicated. Witliout deeming tliem to have been of absolute and essential importance, we may regard them as auxiliary to what has been already accomplished, and as tending to carry out the purpose of the resolves of 1838 to their final com- pletion. The character of the recent exploration is one well calculated to gain respect and confidence ; and we hope it may be speedily pursued to tlie liual determination of the lines it will be the object to run and mark. The Committee have now come upon a period at which Maine was called ui)on to test the firmness of her principles and the fortitude of her purposes, apd they may further s;iy, the strei^th of her resolves, upon a sudden and somewliat unforeseen emergency. This was in consequence of information coiumuuicaled to Governor Fairfield, on entering the duties of his office, as successor to Governor Kent, in 1839, and by him confidentially to the Legis- »•■ l-- no Uturr, timt ihcre wa» n large aMemblv of unknown individuab npon the border, many of whom w««it fVum th«« HritUh pn)vliici<«, <-.;s:a(ce<1 in tinpaM- Inr i?xU'n«lvt'ly Hpon the Innds b^'lonRing to thin State nnd Mnmjuhiimjtlii, withhi the projirr jurisdiction of Maine ; and it was ftirthor slated, that thoy not only reftwepri«»n all nersons found trespaBsing on the territory of this State, as bounded and established by tht> Treaty of HKl. In proce«;ding unon the execution of this duty, upon the wnith side of the St. John, and west of the meridian dividing Mauii' from New Hrunwick, the Lund Agent was surprised ami sei>., d by an unauthorized force from the other side of the line, of tne 8an\e charactiT, if not in connexion, with tlie general trcsnassing parties in the night, and was i Stated in llie House of Representatives, on tji.' '28tii of February, IB^*^. Maine lias not forgotten the generoiu; and simultanr ■ "rnn > which sweHed throughout the land, nor will she cease to bear in liumi iiio^ noble burst of indignatiim which arose in the Halls of Congress, alwve all other interests, on the occasion of this movement from New Brunswick, and the stand assumed by Maine. The demand upon this State to d for u moment. The objection to the military occupation of the !)fp.;,^«;vi iVrril «-ybj- Great Britain was pronounced to be insurmountable; ta.«f Ui r 'X !x aion of orders to that effect was proclaimed to be incompatible wit;* the honour of the United States. Tlie pretence, that there was any agret ment or understanding that Great Britain should occupy the territory as she claimed, pending the controversy, was instantly repudiated ; and the right rtf tUa laltnto *.. ♦Iw. ../-.of— .1 .,«J .._<.4. «: -r" 1 J 1_ f..ll.. i_J ... .... . .....^ ,., „,,.[ piutrt.ti«:i tJi i:t,T w.ttii uuiiisiii iu::y aascricu. The appeal, that was made by Maine at that moment to the General Govern- Ill nwtjt, mflt with a pmmpt and immediate rciwnnc. The reply wa« one th.t Britain, If the Preaident Hhon d consider it cxuedient Th i 1^ ? contim. in fon-e until sixty dap after the coXtl,nt?fVo1hr.x1 thiH Jin,fc.J^ 'T?' *""' '^^''^^''^ """^ ''iT''^'^ t«. to r«t MtUfied with Sion St;lct'nf rl""'''"'^' ""*' '" '\ "" ""« f"" '^"ran" of p o tho 'n r'l nf /h„ n "*^^°"?'^ r* Priwntt..! to her ut omc, m a nlodKo on cou^ V£ tr'';- '•'",' '^ '}T ^^^ ^*'" '^"r r-^wantS WKon?in thJ course of the late national administration umn this Imnortant subioot t ,«r« has been scarcely any f«ih.rc of the most uni/orm, concXtory and r^fS treatment toward the State and its official anthoriti >9 '""'"^^' """* respectful ittr'T",r"f' }\P'^P-'^ Territory ; an^i it IniS tlScrmXc; o" any Tni L r^°"*^ '° ,""?".'"■ '""P"''" ^^'^ '-'"'''^^ «f that inherent ri^hJ^accod^ mg to her own sole judgment ; and expressing at the same time an earnSt fZ:!!, nVrr ?k'" «'"<^?blc adjustment' of the%vhole cZ^JZ-.TXS immediately to the nrovWon for the appointment of a Stmcial Min ster it Sd tor^ of wwlh % ^°'^''' '^ ''^'"' r jurisdiction in\hat Z of the teS tory of which the possession was then usurped by the Province of New Bninswick so far as she could do so, consistently with the mSena^ce of th^ former resolve of January' 24, which has been mentioned ; and in rdatbn tJ that ate resolve the Legislature still declared it to be no iLs t he imuerativ^ deli? '^" T '"'f '"' "S'^* f '^' ^""'^ '« P^t^'^t h«r public doZnfS depredation and plunder, un to the extremest ifmits of her territory" ha^ moreover noppwer on eartUhould drive her from an act of uri'diction J^ prop.M; m itscff and to which her honour was so irrevocably commUtS The Legislature also expressed its perfect approbation of the nublic measures pursued by Governor Fairfield in relation to the DispiUed Tertitor^^ oi" thraf "■ '^'.f^'V'' determination to stand to, and susfun the execS uhennv r^l? '■jfi^^^f .^^""7 ^4. U, howevcr, authorized the GovernoT whenever he should be satisfied that the exigency had ceased and thnf «n mtention of occupying the Disputed Territo.?- will a mSry folce and of TZfS^ ^ •'P'jr? °^.T °^" P^'^' ^^^ ^''^ abandone^d, to withdrav^ the militia, leaving the Land Agent with a sufficient posse, armed or unarS as the n«e might require, to carry the said resolve into effect. "n^™""' Ihe Legislature, at the same time, (having before them the recent demonstration made under the direction of the former Governor,) deemedXt the entire practicality of running and marking our NorthStem Culry r'''^'{L''"^i conformity with the Definitive treaty of Peace of 1783 wS placed beyond a doubt ; and further declared that a crisis had arrived when It became the duty of the Government of the United str,t™ fcrSfith to propose to that of Great Britain a joint commission for the pur'pos^"of"r^M the line accordmgly ; and m case of refusal on the part of Great Britain, it ( I )1-i vni incambcnt on the Uulted StaUs to run the line upon their own authoi^, and u> t^(« jfomcmm of the whole DisButed Territory without aiinBtefiM|3| drf*(¥ ... ''_J» In the mean diEi it ouiy Iw reuwkcd, that a prwhaumiry arrftii'jetftent had be«B entered into \jj a memoraiidum higncd on ♦he 27th of r cbrttary, 183% Ivtween the Secietar) of State and the British Mini«9r : which, after statu^f Urn different viewa entertained by the two parties on the point of jurBdiction, proposed that while tiw Lieutenant-Goi\cnior of New Brunswick should not uitkmt renewed Ingtructions undoiftake to oxpel bj forco the armed party employed upon ■ ho Aroostook by Maine, it should, on the other l)atid» be wiUidKiWB by Maiue ; and, furtliermoro, that aU future operations for pro- tecting tli« territory ajainat tresijassers, should be carried on, cither jomtly or aeparotely, by agreemeDt bdtween Maine and New Brunswick. With the greatest deference to the high source from which this propoaal proceeded, the Conunittee cannctckiae Uioir eyes to tlic smgular and somewhat exUaonliuary nature and character of this reccnimendation. Mamc had, to be sure been compelled to act upon a sudden occasion m self-defence ; but she had not iweaumed to enter uito any relation with New Brunswick, m face of the absolute clause of the ConstituUon which forbids any State, without the ooDHtat of Congress, to " enter mU> any agreement or compact with another Sute or with a t'oreign Power, or engage in. war, unless actually divided, or in such knminent danger, as will not admit <)£ delay." Certain stipulations are sUted and understood to have been subscribed to and interchanged between the tl;ea Governor of Maine, and the Lieutenant-Governor of New Bfunawick, undei the mediation of a distmguished miliUry officer, sent hither by tlie General Govermuent ; but they have uot been understood, on the part of this State, to have exceeded the limits prescribed by the cotemnoraneous rmAveay^ of which alone they could have been in execution, or ftiirUment, so far as this State ia concerned ; and aa to any further virtue or efficacy, the subscription must, the Committee conceive, derive its authority entirely from the CommBsion given by the Government of the United States to Major- General Scott. , . .. , x. ^ Bo that aa it may, the request, recommendation, or agreement (whatever it was), was unmediately complied witli and performed on Uie part of Maine, nnder tlie sanction of tlie National Government ; and under a full reliance, also upon its gpirantee agamst any adverse miUtary occupation of any part Oil' the Disputed Territory bv Great Britain. Uiwn the proposition made by General Scott to Su- John liarvoy, it was signifietl by the latter not to be his intention, under tlie expected renewal of nogotiations between the Cabinets ot London and Wasliington, on the subject of the Disputed Territory, without renewed instructions from his Government to seek to take miUtary possession of that torritorv, or to seek by military force to expel the armed civd posse or T^ being, m the view entertained by Governor Fau-aeld, the exact contingency contemphitcd by Ac Legislature m the foregoing resolves, he did not hesitate to conform to the stipulation, by rccaUing the trooiis of Mamo at once and dismissing tliera to their homes. It appeared to be tlie course prescribed to him by the Legislature : such a one as mighi be adopted without compromising Uie rights or lUgiiity of the State, which had never, as lie stated, proiX)8ed to take miUtary ptissesaiou of the territory. Our objects liad been onlvTin the first place, to protect the territory from devastation bv trespassers, and secondly, to resist tJu opposite Uireats of expulsion by military power. Our militia had maintained tlieir ground, while the exigency that called ,theni out remained. When that was removed, the withdrawal of the troops was no abandonment of any position taken by tliis State : an ordinary civU posse was thereuiwn subsUtuled. and sUtioned at one or two pomts only upon tho Aroostook and St. John, barely sufficient for tlio uitcnded purpose of prevent- ing trespass. . , It is unnecessary to mention tliat, under all these circumstances, tlie presence of any actual or impending miUtary force upon our ^on^J*^ presumed vu have Lccu culiiciy rcHsovcd. bncn appcan! tu jiave uttSb utS nerwiawon of Governor Fairfield when ho prepared to meet tho I.«gi8latnre at tlie opening of the Ses»ion of 1840. But tho communication he was about to make was obliged to be raodiBed by the information wliich reached hun, m the m repfy to an iwuiiryhe had afldmsed to Sh- Jolm Harvey, foonded on previous nunonr, that th« Bntish Government wb-" about taking a mflitMr pcMMaion «f tte region of M^awaska. In thia reply ft was af ame, were concurred in ; and the reasons for dissenting from the residue. K^*"* *■ r/'l^'*ir''l'^^f tV?"? °° °^ part, communicate by the Secretary of State to the British Minister at Washington, through whom the recent reply had been received. The matter was again refolded by that Minister to Ms Government for its further decision, for want of instnictions upon some ot the pomts, and that Government having for some time had tha subject under advisement, the President expressed his confident expectation of a speedy and satisfactory termination. i^«"uu ui TJiat the condition or contingency required by the Legislature of Maine, at the last session, to the execution of its resolutions, has not taiten place in terms is quite obvious. How far the State should rest satisfied with the reasons and circumstances assigned for the delay, or is bound to resign iteelf to this mterminable course of procrastination, is not perhaps quite so clear. The htate cannot forget its proper position in the Union, nor fail of the obligations It is under to abide the high behests of our sv.preme national counsels. At tiie same time it is absolutely impossible to reconcile itself to this system of endless delay, and tins continual claim upon tlie inexhaustible confidence of our Ueneral Ooverament in the equal disposition of both parties to bring the sub- ject to a decisive conclusion. The original proposition of our own Government included 'a provision looking in terms for a certain and anal adjustment of the hmits in dispute." And all that we are definitely led to understand that the Hntish Government gives its assent to, from the language of Lord Palmer- ston, IS, that the next measure to be adopted should contain— not m its abso- lute provisions, but its details— arrangements tiiat should necessarily lead to some final adjustment! This prospect appears to the Committee, from the very torm of statement, to be far from promismg ; and what is more observ- able m regard to the plan, it seems to have a reference to some more or less direct principle of determbation to which the State has ab-eady signified its entire aversion. What may be the effect of the additional stipulation sent out we do not know ; nor can the Committee tell us what is to be the alternative But Maine can feel no assurance of safety or successful progress towards a conclusion m these vague, involved, and distant phrases. It is undoubtedly difticuU to say that any course deliberately acceded to by our own Government would be hkclv to prove a delusion ; but there is no certainty yet, nor anv security when the subject will be redeemed from the arts and compUcations of diplomacy. The Committee must say they are not sanguine as to any pros- pect of a speedy or satisfactory conclusion to the present state of negotiation AH the propositions now pending, as presented to their minds, appear to them to be purely dilatory. *^*^ It is imijossible, therefore, your Committee confess, to consider the language ot the last Resolves as perfectly satisfied ; though, that the whole subject is not placed in sucli a condition as in some measure to elude tiie operation of those resolutions, according to their Uteral force and meaniug is more than the Committee can undertake to say; and no less so, perhaps whetlier it is in the power of the National Government to bring the business to a ijomt, otherwise than by a positive rupture. The fact may be, that it is not m our power to relieve ourselves ; and that we must suffer the mortification aC having holden language which we cannot carry out without compromising our constitutional relations. But it is needless to remark, that there is no end to this course of diplomacy so long as it serves the puriK)se of delay, and to stave otr a final determination. The posti^onement is indefinite, and we cannot but tear it will ever continue so, so long as Great Britain finds her advantage in keeping open a question that can never be decided in her favour, and in the mean time enjoys the value of a possession which she must eventually yield or employs herself to strengthen a position she is not disposed to surrender' nor entitled to hold. From whatever cause the difficulty arises most, whether from an aversion on her part to come to an issue, or a reluctance and unwil- lingness on that of our own Government to precipitate one, which can by any moans be avoided, it is apparent that the adiournment of it ia ennallv d'>tr«- aieutui to the rights and interests of Maine. Your Committee would be among the last to undervalue sincere and well-directed efforts to bring about an adjustment, at once peaceful and rightful, of the controversy ; but they i!i 116 iMve seen too much cause to be convinced, that such a dispoBition, however ioat and creifitable, maybe abused. The CoroniHteemay perhaps view thonselves called upon to consider the effect of the stipulationB adopted in 1839, under the authority of the Resolves of that yearj or under the further advice and sanction of Major-Gcncral 8cott, actingnnder and in behalf of the Gov emment of the United States. They may observe that nothing was considered to be done by Maine mnder the conventional agreement entwcd into and mgned by Mr. Forwth, the Secretary of State, and Mr. Fox, the British Minister, on the 27th of February, 1839. Without riuestioning the competency of the two parties to enter into such an arrangemcut between themselves, or the propriety of recom- mending it to the acceptance of the State of Mauie, its obligatory force viam not acknowledged 1^ Governor Fairfield, who observed in his communicatkm (tf it to the Legislature : " To such an arrangement I trust Maine will never consent. She has been sufficiently trammelled hitherto in the exercise of her rights, and will not voluntarily forge new shackles for herself." The authority of the Governor, as the Ct)mmittee view it, to bind the State by his signature to any public stipulation, was necessarily limited bjr the laws and constitution of the State. His authority in this instance was entirely derived from the Resolves of 1839 ; and your Committee not only do not imderstand that he did not intend to exceed it ; but they do understand, that what he did ho intended in strict and faithful execution of the immediate objects of those Resolves. Such was his language in reporting and commu- nicating what he had done in virtue of these Resolves to the next Legislature ; and such is the understanding of the Committee equally in regard to the import of the act on his part, and the character of the subject. Tlie Resolves have been abcady recited. All the information the Legislature have of what was done by Governor Fairfield, under the Resolves, is contained in his subsequent communication to the Legislature the following year ; and it is subjoined to a nmple statement of having received the written assent of the Lieutenant- Governor of New Brunswick to the following proposition made to him by Major-Gencral Scott : to wit, " that it is not the intention of the Lieutenant- Governor of Her Britannic Majesty's Province of New Brunswick, under the expected renewal of negotiations between the Cabinets of London and Warii- ington, on the subject of the said Disputed Territory, without renewed instmc tions to Uiat effect fh)m his Government, to seek to take militaiy possession of that territory, or to seek by military force to expel the armed civil posse or the troops of Maine." The residue of the correspondence lias not been, that your Committee are aware, communicated to the Legislature. The stipulation, therefore, entered mto by Governor Fairfield, under the invitation and sanction of General Scott, is, as your Committet^ understand, perfectly fulfilled; and the Resolve of 1839 is therefore executed, ^ '""f/? their terms were faithfully observed on the'side of luth^SSi !S '.^..^'Sn'fied, however, much regret, that the British colonial r.?«; ft? fi ^^' '"*^°"' ^'"''' """^'""^ than a mere possibility of a depar- T lur*^!!^'', ''"•™"g:<'m«nt8 by the State of Maine, thus take upon them- solves the fearful responsibility of bcine euided bv circnmst«n.«e T1S„ a» tn.i«e were of misapprehension and misconception, in regard to measures of precaution and defence, under this exercise of discretionfagainsrSned acts of nieditated aggression on the part of Maine. And the hope was fSher '' expressed, with how little effect we have witnessed, that when th^ British R m 1 Govtrament at hont* ibanld be api«ized of the poBition aMomMl in thfe roi|^ by its cokmial agenU lien, proper atcpa would be taken to pUee tha pdrfovmanoe of exprew and aolenux agreeuenta, iii efiect, upon a mvn aecon and woM hum than mAk a precarioua aort of contingent colonial. diMTOtka. U could acarcely bave eacaped nottea in regard to the character of tliia cQrr«spandenoe,that a change nnd occurred m tne style^ if not in the attitude,, of die Britiah provincial autnoritica iu America. Your Committee, however, arc not aware whether tho attention of the Federal Qovernment waa imiae* diatelv drawn to the circumatance, that thcao forces seemed to have been detadied and atatiooed there under tlie positive orders of the now Govoraor- General of the Briliah provincea ; nor are they appriacd of the precise bearing wliich thia circumatance might be considered to have, in the view of tha^ National Govonunent, upon (he duracter of the arrangements deemed to have been subscribed to by the authorities of Mains and New Brunswicic lutder its own high aospicea. It luia become apparent, at least since then, that the authority of the Liouwenant-Qovemor of New Brunswick is rendered sub ordinate in Utia nupwi to that of the Govemur-General of Her Britannic Majesty's dominions; that there has been some new partition, or subdivision, by which, while the civil authority to bo exercised in that re^on still rcsidea in the Government, of New Bruaswick, tlic military power by which this State waa mojiaoed is traiufi>rrcd into other and higiier liands ; and all titat Sir John Harvey can say, when ho is apprized of our remraiBtranees and compUiints, is that we must appeal to his superiors. It may be rccoUectcd tnat inquiry was made soon afterward by the Senate of toe United States, at its session a year ago, whether any measures had been taken under the Act of Congress, of March 3, 1830, or oUierwise, to cause the removal or cxpuiwm of the Britisli troops which had taken poa- sesnon of Uiia portion of Oi territory of Maine, or wUcUier any military posta had been established ia Maine, or any other measures of a military nature, adopted prepacatosy to ajust vindication of tho honour and the rights of the nation and of Maine* The reply to this inquiry from the Secretary of War through the President was, that the circumstance of the occupation of the territory by British troq;)a had been but recently communicated ; and, having been inade a subject of remonstrance and so become a matter oi discussion between the two Governments, no measures liad been taken of the character referred to under the Act of Congress or otherwise. To the residue of the inquiry it was answered, that no contuigency contemplated by the Act of 1839 Having occurred, no military measures had been thought necessary ; repeating what had been prcvbusly stated by tlie President in his annual message to Congress. The SccreUiry further stated, that a military recon- noiasance had been made in 1838, of tlic undisputed boundary of Maine, of which tho result had been transmitted to tlio Senate the folbwing session, but tliat there being no appropriation made, no forti6catbns were commenced. It will be understood that the other appropriations have expired. From tlie parting communication made by our lute Chief Magistrate, at the commencement of the present session, tlie Legislature is informed, that Maine is again subject to the mortification of having fresh troops quartered upon her territory. The causes alleged for tliis renewed outrage, and the circumstances by which it is attempted to be palliated in the letter » *''« *'"'"»'«'' th« ad;eS''mm2,; C^tCoth.Tr ^1 '?^-^"'"'*"''*' "^"''^ immediately be can«od to oeaS SXouLloftSnnT f fr'""''*^*''" ^''^'*"' aftcnvaVds accepted: «idin rS^^nt r- ' ""^5 *'''' «Kreoment to that effect entered into by the i&wTthiV^JZ":,"*^*':: Brunawick, Maine did prompUy"ii,SlSlS! ingiy witlidrnw her advanced military force. That pfcdee haa not Nion «** a has been openly and deliberately vtolated We may Ce teen il^wS Lt™f J^ 1'^'>:T'"^?" J »'"' '^'^''^ cannot tecon3eT and £ h^£ attempted to bo disgiiiaed. As the matter now stands, the Stloe i^ wlH any barrier, or boundary, agaim.t the ProvinceB of Great fckS Jt ot^ mat point, boats have been built upon the Lake; troorB Btalionrd nt diff^ ent post., stores and munitions of wSr colleetod, ^nsSnrar„il*S: Ses and w:L"o?fr"ML^''*='L " "'• "^ ■"*""«"* ostfbllhed il^^n^t a^^Jt, 1 ''* Madawaska region, contrary to all the stiDalations f ,^^"^y properly ^ avowed, that Mauie may still cortrider honielf tn ^^tS-^^'^I"' i^'^ P"^"^' ^/ *♦>« «"™ that W Urr^ncdTv ^ author ues under the sanction of the General Govemment/nS? to dfetn?b kI any acuve proceedmga ofher's the British Provincial, that b to say Sal dS^ aesaion at Madawaska; while, at the aame time, she muBtKrowift ex end her civil pwer, for the protection of her tc;ritoryTainrt devL^io? rhfS7oft7^"LrtLt 'P'r ^*''? °P«™«on^ wiE'TJe'ZJnTjf wie irtaiy ot i7»d, but that to suffer a military occnpRtion of anv nortion of 1 J.8 incompatible with her existence and character aTaT indej^dm srat^ She may weU submit to the moral and self-imposed rest?ain?7f^forbea„W to exercise her pven facnlties, and to exert her lawfnl riSte np to tlS fhU extent; but she cannot, with the same comfort or Consistenc? vSid a siwJ UHTemver iXrfrv of iJ, n™"^ T'l^ ''^y*^ """^ becoming obodionl' to UM graver nuUiority of the Union; bnt she cannot withont extreme nnmHl gated pam see any part of her soil cubtracted and reduc^ to Srior S laa! subjection; nor can she bear to have a foreiim Sar^ fmrn rfl^^^ up,nlier with anymore patience than our falrrconld eridu^the^ sS^ Krifi, w ' oppression. She acknowledges fixithJoliriTobligatS >othe Union, and that she is bound to consult tic tceUnes and 3rtnL nf Uie county, and to make no further movement, iSJerfwISinSoklnJ ^aiSs' rnd"tr"ldSr 'ri?' K^* "^^ " *»«' P°-* «t whTchlSnfavoiS S^ c'oSuUonaUulti? '"*'^'" '''" ^ '*" '^«"«^-' -«» ^er iK,ce.ity to & Union *for1h«ti; '* f^ ^e admitted, might be tdtrated perhaps by the umon, tor the sake oi tranquillity, if it was not pregnant with meh JmJ danger, and did not involve .o mu'ch evil in the wa^ rinjur^td^tiJrel MX « lat Ij ^ to the pnsptct* and pmce of Maine. Winter, which ahiita up the 8t. Law- rence, and pours hoata of treapaaacra and marmuicni into our woods and foreata, cloaea down upon ua witli an increamHi prciwiiro tVom the military power of Qreat Britain. Between the Government of Canada above, and that of Now Brunawicit below, we are presacd as between the upper and the nether millstone. We are thus obviously exposed to a double increased damage fVom our open and unf^iardiid situationa upon the borders of these different de{)c>ndencieH upon a distant forcif^n Government ; so far off, and thus Hituatcd in rt>(!;ar() to us, that " oceans roll and seasons [miss between the order and the execution ; " or possibly the advice and recal. Our territory is now moro Uian made a complete thoroughfare for the passage of British trooiM ; while we have even no projects of national fortilications to protect us any ftirther than Houlton, nearer than at the Forks of the Kennebec, or the mouth of the Mattawamkeag. Even the military road wlilch was authorized by Congress so long ago as 1828, to be laid out to the moutli of the Madawaska river, in virtue of what the succeeding President, General Jackson, dovlared to be an un(|ucstionablo right, the exercise of which the American Grvomment would not allow to bo restrained by the protest of the Lieutenan'.-Govemor of New Brunswick, but only to be postponed for the time bt;ir.2; — as expressed by the then Secretary of state, Mr. Van Buren, to the Britiw Minuter, as a proof ^of forbearance, intended in an amicable spirit of conciliation — has so continueo9cd to compromit her cause with any foreSnmatter your Committee would be far from wishing to enter in Jany v^Mon .lK.n this pomt,or be anxious that the 8tatc should set itselLmr from hemCe?" '°"""°" ^^ ""^ ^'""^'"^ ''"'"*"*y ^'^^"^ pervade8^hi8 S Resolutions of the Legislative assemblies of some of our sister States have reached us no^v, or lately, in response to our owi former proceeding and resolves, and have been referred to this Committee. Those of X State Ifhl"""' 'T trpn^mitted at the late adjourned session, being a special one for the general revwion of the laws, and mav be deemed to have £en pTt! poned to the present, „ot having been be4e printed; and, h.S £ recalled from the files, they will, with your permission form par ?f tS rei«rt. The Comm.tt^ accordingly refer to them with feelings^f mingS gratitude and pride. Thc^e Resolves of Indiana are echoes of Sose of Ohio formerly received, which tliey recite, and which likewise recited, in the spirit of that immortal ordinance upon which the original constitution of the whole north-west territory (once a single government) was framed, the grounds of "r"",*!" «/*:'^'°?"' "^'''' ""•* ^"^ indefeasible character of our title to the soil ot the State and nation. «, „ J*"" r"*"""" ^.'^^•Vt'°"s cherish the hope, that in the adjustment of this hZ ™°»!!.'' "«tional boundary, the integrity of our soil, find the national honour may be preserved inviolate, without an appeal to arms. They further ^'f^r^Jr •f^^S'^y '"Shly approve tho efforts made by the now late President of the United Slates to avert from the country the calamities of war. Yet ever preferring honourable war rather than dishonourable peace, in case of unavoidable colUsion m settling the pending dispute, they join with Ohio in the declaration she had made, and the generous oblation of her whole means and resources to the authorities of tho Union in siwtninin? «"- '"•~^- —^ honour. = " & "" ""^ The Resolutions of the General Aoembly of Alabama, transmitted at the M ^ jtremrtt ■mhrn , In more gOMti^A and ine«aar»d tnrnw, decUre it to be dw ■Divntn ami linpnrativc duty d( tho Fadrral tlovftniniont raith(\illy to maintain «wrY nMigatlon it h tiilder Inward the State nf Maine, touchiu^ tho establlih- tnont (*f »w>r North-Eaitern Boundary l.lne ; (hat the (lucttion u one not local In itB character to thb !^t«, although tbiH Htato u aHuwcd to be more Iatereiit(tort to force, nntll every honourable pcaoefVil expedient hax been exhauoted ; and while they are ready to go to war, if Con- greas so oays, they should deeply regret to boo the State of Maine take ai^ Tadi step which might tend to phinge her sister States into a war, more tbrongh sympathy and ftcUng on their part, than from any deliberato choice and determination. To the more adviw)ry and admonitory tone of thcHO Alabama Rc'solutions Ae Committee do not except, though it is sonu'what more collected luid grave than we have been accustomed to, In our paini\d condition, fVom our sister States. Wo may assent to their fitness, and be content with the assitranee they contain ; and we may feel fbrthcr all the force and nroprioty of the appeal. Yet, may we ask, what other State in the Union is tnere tliat could thns bear to se*? a district of itH territory torn from its own {tosscssion, anil held Tinder the hostile fliuj of a forciign Power — its citizens inU'rrupted and harassed in their pcacefurpurfniits — even those who bear the official siguet of Ita authority, treated with violence and disgrace, and Its dearest and most vital rights tranjpled ui)on, as those of Maine have been ? These wrongs may woll be imagined to reqiiire all her patience, and to admit of much alloviatiun. Alabama, we may be snre, does not mean to add to all this sense of wliat this ^te has experienced and yet endures, tho most distant idea, in any contin- gcncy or event, of being lain under the ban of the Union. To a people whose; pursuits in life are moral and jieacefUl, and whidi cherishes a dw'p senrfbility to all the guilt and wretchedness of war, it may be easy to see that a profound conviction must be required of the purity and righteousness of a canse which could, by any possibility, be exposed for its Tindication to so great a calamity. Nor is there any occasion to colour or pourtrny the consequences of such an alternative. It may well be admitted that somotliing mon; tliat the ordinary aiK)logy for oven detensive war may bt; demanded in this advanced and enlightened age of himiunity ami civilization, and we will not hesitate to say of religion also : one to be looked for only in the nature and circimistances of the case, such as must show themsoIvcB m tmsullicd purity and unblenching strength, so as to constitute an absolute justification in the moral view and judgment of mankind. If such may ever DC fcnind, it might siu-ely be in the character of a conflict, to which a com- mnnlty like ours might be subjected, in defence of wliat is nearest to our homes and hearths, of our dearest rights and native land — a strife to which we might be exposed to pn>8erve the inheritance we received from our ancestorB before the Revolution, and the patrimony bequeathed to ils by the patriotism of our fathers In the war of Independence — a struggle to prevent the removal u.i.wav««, HMu u wiU iw rinw oncju^h for Mtkw to attend wIm;.^ oon..-. recomaifiulm tu her «u»i,loral«m, a-Tit would be br Sc, ZtiibifSyl . I^ 9Hninitl4)« wen, appriBjd, that ReKAitinn. had been omwud. tORcther with the abio and critical lUport that hu h.H)raltad«d ^TTTt L«K«laturo of Ma««chu«tU ; and tC Rem.latlL a^ccl^kJ'bT ST Report, have bw»ii rt-cdv^i and comaiitt..i, in ord.f to be kckmnv^L? no\er mim, on any and every occaaon, l«> tuitifv hn- faithftil intt-r^ H fiivour of thcHN. ju-t r ghh. wluch we havo .i;riv..d thtoujThl'r 'S ^tHSiS her own continue to tn, »> ck)8«ly am^iatt.!. If we \Zl no! h«r,rfn«J hS at tl,u. u«.., we HhouUl not ha/e baea MX in any it i hT IZtiS^ But It is none Uie leiw Batisfactory at thin perUKl to Iki n.'a«.ar,«l tl.«; i« ^ «..aion our right tj. require of (iLt BritaK^Ue S unT^nti^'?^ remains, atler niure Uian halt a century, unirapared by the fuDw of tfa« no cau«, to appr.hen.1 any fmmediate collision upon ihL mhu-^i k oxt|^n,ely imporUnt that a speedy and effectual t.rminati.m riiouhlVT^pu Z a diflerenco which might, even by a rcnwto iK^ibility, i,roZ Im^^l^^mTo^, Gn3at Britain of the cliaracter of th. UteRct.S madMrthauJTr^n^^ Jinder lU l«t« CoaimisBbn of Survey, (thougl. L understood to hav7Sl3 S?.rT'?'V''*':;"Jr'"' t,M.n,.hu-e, wher?;er it is examine,? rtieuSS States, a «tato of tlio pubhe mind unfinvourabte to that conciUatoi^y teZS^ and eoufidomo in mutual good faith, without which it is hopeleT S^xwTI oT mS:;::^u 'irSair ^^ ^ "'^^"^ • ^-* ^'^ -' -" -"'^ 01 iwassacausttte alike demand a mirseverance, not the leas detcrminoi bocaum. It w temperate in maintaiiSiig tl,e righu of Maine *hatth.^^ cheerfu ly n,pent their often reconh-d responae to her demand, thit mticTZ onp withheld HhouU be «peedUy done her ; and that while tb^yTxti^aTto hS • their H^mpnlhy for her pa«t wrongs, they again assoro her of th.i?^SXlS resolution to sustain the territorial rights oftho Union. unsnaHtn. The Committee may, perhaps, deem tlwmHelves in some meaBupo called) »l«n, under the existmg posture of circumstances, not without some hSitot^ to touch upon a point of some dolicacv; and which relates to the Srt S htate may be m ftiture r«,uire«l to perform iu the further prosecutioS^ S .|uest«,n, and m regard to bringing it to a determination. ^ 'fL S is vZ sentod, 111 the first place, by two distmct orders, one from the H3of ReSSi sentativea^and the oUier from the Senate, bith rc>ferred to^trCnmcC T£TT ."^1?" Co?>'"i"ee. The one requires the Execndve mSrlS' of this State to be employed to expel Uie British force now quartered S' our territory ; tlie other proposes to fnvoko the constitutional obligSion of S Jwleral Government, and to call upon the National Executive for the promrtl ^Hihnen of this dutv. The aUemaUve presented by the forms of S bv S iTt'''f"', . '^' t^^d 'lUke, as your Comittee ent^y beW, b^ the spirit of what was duo, and even demanded, to the occasion, bSS^ n^nSvi'lhu ?' 'o^^^-^-^^-they would not' say the com^t^^ Tfh^^ J^^ fi)mer course of action, which the State qrescribcd to itJelf, Fedorr^v'^^J'' "'^'^ have been noticed, when Uie proper iMJwmof i J edoral Government apj)eared to be in abeyance aatou^ if U abdicated here. And the Committee do undoubtedly conceive that ^s Stote ?S bl- untinie to itself insensible to its own character, interer«md ho^af to renounce or rcoudiato the position in which it was bvoluntSiirplacer" t£. f^L"!P^?ilP?. 'L"/ «^tf-P">tcctioa It would be fo*rg«tful of the^iU.?.; nur ,.wXiJ''~« Jj I"T /f? P»«'on«j", wiiicu were ever before the ayes ot} our chemhed and devoted LmcoJn, to diackim the ground, or abandoTtltei II 11 IM stand, which he so firmly and intrepidly took upon this question, when its gulf was first opened before us, and ho was called to contemplate and survey the sacrifice. Neither would we bury with him the principle on which he acted. But we look ujwn it as having succeeded ; and that we are now enjoying the value and benefit of it in the elevated iK)sition to which the progress of it has raised and carried us in the estiination of Congress, the respect of the Govern- ment, and the confidence of the country. Your Committee conceive and trust, that that point is now passed; a jwmt ever intended to be laiten and sustained in entire submission to the sense of the nation, and to be carried out only in subordination to its supreme constitutional authority, whenever it did or should become necessary, that is to say, to resort to the original principle of self-preservation, which is never to be recurred to only when all other resource fails, and which Maine alone means to reserve for extreme emergency, or the last extremity. The immediate legitimate objects of that just and nec«Msarjr course of proceeding on our part adopted by her Executive and Legislative coimscls, Maine is now disposed, your Committee apprehend, to regard and look upon as fulfilled. It has been fulfilled so far, certainly, at a great and enormous expt>nse and even sacrifice to her ; for which, as in jier- formance of an important duty devolved upon her in discharge of the public service, she is entitled in return to cast herself upon the just consideration of the Republic. Henceforth she conceives herself to have acquired a perfect right to rely on the strengh as well as sympathy of the country, and upon the powerful arm of the National Government for vindication and support. That otherwise the object would nut have been answered ; but its real and proper purpose would have failed. The remainder might be more than she is equal to ; but it would be ungrateful, now that her cause lias been so perfectly affiliated, and tho country asks us to accept its solemn assurance, to pursue any other course at present; and, as we value and cherish the pledge it has given us, not to be anxious to avoid anything to forfeit our title to its protection. In coming toward a conclusion of the subject of this Report, and to tho final consideration of the best course to be pursued, under the existing and actual state of circumstances, the Committee can see no other than to adopt and stand upon the late Resolves of the preceding Legislatures, that is to say, so far as they nre not varied and altered, and accordingly required to be modified, by time and other circumstances, connected with the prolonged and pending state of negotiation. They can see no other course, they repeat, than to continue to call still upon the General Government to vindicate and main- tain the rights of this State to its indisputable and indefeasible territory, by one of the two modes pointed out by the last Rt^solvos. GratiUde towards that Government for what it has already done toward what it has solemnly promised, aflection to our sister States who have come forward so freely and so cordially in our favour, the necessity which disables us from coping single- handed uith our real and formidable antagonist, and the Constitution which authorizes and requires us to cast tho burden of our defence entirely upon the General Government — all these, combined with the consideration and remem- brance of what is equally due to our«<>lves and mankind, under all tliese circumstances, direct, if they do not compel, us to this course. We wLsh wo could add, that we had more confidence in the efficacy of the means that have so far ixjen adopted (we will not say these likely to be employed) and used to vindicate and establish those rights. We wish we could see an end to the per- petual course of procrastination, or any immediate pn)spect of the present negotiation being brought to a decisive or satisfactory termination. The Com- mittee arc constrained to say that they cannot. On the contrary, they feel themselves obliged to agree in the opinion of his F^xcellency the Governor of Massachusetts, in whom they know this State has always a fast friend upon this subject, that they do not see any disposition on the part of the British Government to determine it. The Committee are concerned to incpiire, also, what is to be the state of the Disputed Territory in the mean time, and especially of that portion of it lying northward of the St. John ? And what is to be done for its protection, and the intermediate preservation of all the rights of the State to its property and jurisdiction ? They inquire in vain. It is clear, that the State can enter into no compact with New Bnui8v«ick on the subject, even if the authority 127 i?*?^}'^'* not pjwed into other hands. Such a thing is impossible It ia forWdden by the anstitution without the consent of (^ongST^Wch is no" to be imphed, nor even in the view of your Committee, to%e desled If U were proper to listen to any suggestion V that nature/or to any propos don from that quarter, there is no jpower that can apparently be debenffi iSn hW .^>P?T, ^^'^^''^^^g .\*ny '"cans theiWgrit^ of tT^oSl Jl th„ A.^"* -T '' """t '" ^"* Brunswick that seeL to he cEtent S J «„v ''"'"^•?*^ *"^ '"""^ ^"P^'^* °' ««surance. Mame could n7come E.?ZT'r""l' . "' was recommended to her, on that point The ™fe tf Ik ' •" ^" r"""' "I ^»P«™We. Worse than the shackles that mfght be thus imposed upon her, it might only prove a snare for her and become an endless source of mischief and regret. She sees not, in any way tit TiI^q"'"'^'';w-''''%'".^J'^^*^«" '^' J>«« already done LS Resolves of 1839 ; and that is only in the same earnest desire to come to an amicatble .idjustment of the whole controversy, to forbear to eSfbJce her uris° Action m that part of the territory which is iow twurped by New fiSsdck BO far as she can do so, consistently with the maintenance of herTeS Sb^'s^" f«r " protection of the whole territory against trespass and deT^ tation. So far as, under this limited restraint, she is obliged to yield to thn continuance of the illegal usurpation at the proper ori|nd seUlement of Madawaska, so f.r she supposes slie must submit^^to^see the sphere of TerJ^^ «)veroignty circumscribed. But she camiot consent to see the spac? wfden^ She cannot allow its bein^ extended to the Fish River, or upon tKuth bank rL2n I '^f^' ?^''' A" ^''^"^ ^»'^' "P t° wWch Maine has at leS regained, and made good her ground. ^ It is still less possible for this State to consent to any chanee in the t7TZ °^ }Y Pf^'^i""' f"-""" "vil, as it was only pretenid, to^miSary • and further still, to be content to see that change assume a peri^anent form • n he fim place the whole district converted into a military dep6randth?n to take the more decided character of a military estabUshmeS.X^v Tonfw^ are to remain m this condition, or how we are to be relieved from U we cannot say, except by pointing to our past Resolves, and putting our^rS S the Governmen of the Union. All that we can say farther! perhaS at nl rZT'; ^'*'' P-^Priety, is, that it cannot be submitted to\S pSvS ness, and that it cannot be submitted to, at any rate, much longer. Th?3it the patriotism, the self-respect, the native energy, the irrepressible and Sdo' mita^jle determination of tk people of tliis State will not^endure ft it; might sooner wish to see the territory sunk in the ocean, than to be made he scene of a bloody war, above all between the kindred and comiecttd races but they cannot, silently, see it surrendered to a foreign Power in this manner' They are calumniated by the pretext on which it is challenged. S demand, m advance, the protection of the Federal Constitution, f hey rcnS that he invading force sLu be removed; and if this can only be S3 by counter force, tTiey request the Government of the United States wUh no more delay to cause possession of the Disputed Territory to be aken bv the suitable and necessary methods. ' •> ^"® But while the State thus makes these strong and urgent demands it miv Jf .!"«>/ oxpected.that it will not, in any respect, or in any evenT, be wS Si M of ffjr'' " ?r^'''^ '"'^'' ""J^ "'^'^'•^' *° P"^ >^^'f ^^^^^ the broad shield of the General Government, and pray for the protecting power of the whole countrj-, and solicits to be released from the incumbent dutj and present from the ground or rchnquislung the stand it has hitherto been obliged to take and does not ask to be released from its position, it well offers to go as faJ^ any of Its sister States have done, and to place its whole powers and resoice? without reserve, at the public disposal. We will consent to almost any S-' fice—we will pay any reasonable price for our own peace, and for that of the trnSiu'"^ r T. ^?'°^ *" p"'-'--^^'^^^ '' "1^" '^' ^^'^^^ terms, r-t^ tranquillity and sjifety of a camp are secured by the sufferings and privations of Its devoted exterior outguards." Maine feels herself, unavoidably to be the forlorn hope of the Union. As such she is readv t^ ^a fnr.v../'n„^ ?^ pursue U,u path that iies before her. As such she is prepared to occuDy'the pass to wluch she may be directed, to present her breast as a bulwark for ho COuntry~and of those of her brave and beloved sons, the self-devoted band 128 Aat shall be sent upon this serviec, to leave the writing upon the nil, in the best blood of the State, to tell the country, and be carried back to the capital, that they lie there in obedience to its laws; The Committee would sow, 7cq>ectMly, bring the performance of th£i part of their lervioo to a conclusifm, by recommending the following Reeo- IQtioni. By order of the Committee, March 30, 1841. (Signed) CHARLES S. DAVEIS. ii j STATE OF MAINE. Betolvea rtiating to tk* North-EtuUm Boundary. Besolted, THAT the Legislafurc sees no occasion to renew the declara> ticaa hereforc made of the nght of this State to the whole of its territory, according to tlioTreaty of 1783, imjustly drawn into question by Great Britam, (entirely recognized by the unanimous Resolutions of Congress in 1838,) nor to repeat its own forniLi- Resolutions on the subject; and it regards with grateful satisfaction, the strong, increasing, and uniform demonstrations, from all parts of the Union, of conviction thereof, and of determination to support the same. Resolved, That this Legislature adopts and affirms the principles of former Resolves of preceding Legislatures in relation thereto, in all their force and, extent ; that it approves their spirit, insists on thoir virtue, adheres to their terms, and holds the National Government bound to fulfil their obli^tions ; that it dcprecat<>3 any further delay, and cherishes an earnest trust and expec- tation, tliat the National Government will not fail, speedily, to cause oiu: just rights, too long neglected, to be vindicated and maintained cither by nego- tiation or by arms. Resohed, That we truly appreciate the patriotic spirit with which the Federal Government espoitscd, tuid our Sister States embraced our cause, and flje country came to our side, in a most severe and critical emergency ; and that, confiding in their continued symjiathy and snpiwrt, and confirmed in the strength of our course, we feel warranted to rely tor safety on the sovereign power of the Union, the people of tliis State maintaining all their constitu- tional rights. Resolved, That in accordance with the generous examples of our sister States, and not to be beliind their fn'e-will oflcriugs on our behalf, tliis State also voluntarily tenders Us whole jHiwers and resoiu-ccs, without reserve, to the supreme authorities of tin; Union, to sustain our national rights and honour ; and it stands ready, furthermore, olx^ing the call and abiding the will of the country, to go for\vard and occupy that position which belongs and shall be mariced out to it; and engages, tliat it will not be wanting in any act or duty of devotion to the Union, of fidelity to itself, and, above all, to the common cause of our whole country. Resolved, That tliis State is. suffering tlie extreme unresisting wrong of British invasion, begun in 1839, repeated in 1840, and cxmtinued to tliLj time, in violation of solemn and delilK'rate pledges from abroad, guaranteed by our own Executive Government ; tliat tlie President of the United States, there- fore, be requested and called upon to fulfil the obligation of the Federal constitution, by causing the immediate removal, or expulsion, of tlie foreign invading force now stationed within the bounds nf Maine ; and, other methods falling, to cause military possession to hv taken of the Disputed Territory. Resolved, That the Government of the United States be earnestly invoked to provide for our future protection against foreign aggression, by proper establishments of military force upon the frontier, and bv toe dne exertion of it£ constitutional i owcrs to liberate and relieve this ^te from the present heavy burden of its own noodfid: i!navo[dab!,«<.» k.vki j i.. t^ divl^ the ^ate„ tl^a* empty' into the R^r rLawrcierom ^^^^^ into the AUaatic Ocean, according to tlie Trmtv nf i-^q ^ v. *^'! with the otwost speed/visour, ai ^rtahitv to f IS' **^ ^1^'"'*'^ and the presiding oftcerg of the several Legislatures of said StatU 3 S;.S:tt?"'°" "^' Heprescnsatives ia CongreS of tS Statfid^of liaTa' Inclosure 2 in No. 23. Obdehs and Resolutions repehred to the Committek. Resolves to repel British Aggrettim. w^^D?.'^^.*'^''.*"*^ °^ ^^'"« is iiow suffering the diserace of unrcBis^ed British invasion, begun in 1839, repeated in 1^0, and SSued up to this hoiir, in violation of the most solemn stipulations ; and whereas we have no faiUi in the efficacy rf negotiations with a Power whMiSL Z repeatedly dmregarded its deliberate pledges, and believe that furth^ forbearance on our part to assert the righ^ and vindicate the honour of S"refort' ^'""'' "" "° ' "" '* ^"^ "'''"'"'^ ^« huSaSLg ; i?«o/t;«rf. That the Governor be authorized to take immediate measures to remove the trooi^s of the Queen of Great Britain, now quartered^ on the ^±^:S.^.^^ti^ '' Maine,SirS-4-' -y^ Resolved, That the resources of this State be, and they herebv are nlar^^ atthedisposa of the Governor, and the spedfii sum oFSo d^nfe and the same hereby is, appropriated out of any money in ibe treasury S the purpose of carrying said Resolutions into effect. vrwwnry, lor f House of RepresentaHves, Fehruary 9, 1841. These Resolutions (laid upon the table by Mr. Delosdernier,) were read and referred to the Committee on the North-Ejistem Boundary. Sent up for concurrence, (Signed) GEORGE C. GETCHELL, CUrk. In Senate, February 13, 1841. The Senate non-concnrred die House in its refercBcc of those Resolves and amended the same as on sheet mariied A, and the same were referred to the Committee on the North-Eaatem Boundary. Siait down for concurrence, (Signed) DANIEL SANBORN, 8«entary. A. Isn. Amend, by striking out word fnr in line 8d, of Resolve *, aitd inert S2 lab House of Reprenentative*, February 15, 1341. The House receded from its vote of February 3, adopted the amendment proposed by the Senate, and referred the same to uie Committee on the North* Eastern Boundary, in concurrence. (Signed) GEORGE C. GETCHELL, Clerk. Ruolvefor RepeUing Foreign Jnvaiion, and Proriding for the Protection of the State. Be it Rewlved, That the President of the United States be requested and ni^^ to cause the immediate removal of the foroira armed torce bv which this State is invaded, stationed upon the upper valley of the St. John, and that the Government of the United States be earnestly invoked to relieve this State from the present heavy, needfy burden of its own defence. In Senate, February 13, 1841. This Resolve (introduced by Mr. Davcis) was once read, and referred to the Committee on the North-Eastcrn Boundary. Sent down for concurrence. (Signed) DANIEL SANBORN. Secretary. House of Representatives, February 16, 1841. Read, and referred in concurrence. (Signed) GEORGE C. GETCHELL, Clerk. Inclosure 3 hi No. 23. INDIANA RESOLUTIONS. Executive Department, Indianapolis, Sir, Afarch 10, 1840. IN compliance with the request of the General Assembly of tliis State, I have the honour to forward a copy of their Preamble and Joint Resolutions in relation to the North-Eastcm Boundary. Very respectfully, Your obodient Servant, (Signed) DAVID WALLACE. His Excellency the Governor of Maine. A Preamble and Joint Resolutions in relation to the Ncrth-Eastcm Boundary. WHEREAS, the General Assembly of the State of Oliio have adopted and caused to be laid before this General Assembly the following Resolutions, to wit : — " Whereas, by the Declaration of Independence, on the 4th of July, 1776, the United States of America became a sovereign and independent nation, witli full power over the territory within her limits ; and whereas, at the Treaty of 1783, between the United States of America and Great Britain, the northern and north-eastern boundaries between the two Govemmonta were fairly dcHgnated and distinctly described ; and whereas the said British Government has since set up claims to a part of the territory of these States, and now lying within the State of Maine ; and whereas, the subjects of the British Crown have recently invaded and trespassed upon the territory of the State of Maine, and within ihe limits of this Confederacy, and destrovcd the property beleen exhaiiBted. in this ami in every other like controversy, 4th. That the qtiesUon of the Noith-Eastem Boundary concerns the wliole Union, and is not one local in its character to the State of Maine, aKhongh she is confessedly more interested than any other in its adjostmcnt ; and that, for the reajwm here set fbrth, it is the dnty of the State of Maine to truBt the decirion of the matter to the oouncilsof the ^Jnion, and abide thereby, wliatever it may finally be, whei; ■ - -^^y consistent with her own wisAwt or not. If Congress says go to . will cheerfully obey the mandate, but wc should deeply regret to se .atate of Maine take any rash step, which might tend to plunge her sisi^^r States into war, more through mere feeling and sympathy than from deliberate choice and determination on their IMurt. 5th. That the Governor of tWs ^tate be requested to forward to the Governor of Maine a copy of the foregoing Resolutions as the response of this Qeneral Assembly to her Resolutions of the 18th of May [March] last com- Bimlcated to us by the Governor of this State, agreeably to a request contained In her said Resolutions. (Signed) J. L. F." COTTRELL, Pretident Shnatt. ». A. BAKER, Speaker of the Htnue ef Repreteniativet. Inclosure 5 ia No. 23. MARYLAND RESOLUTIONS. Council Chamber, March 23, 1840. I HEREWITH present, to your consideration, a Report and Reso- lutions, from the State of Maryland, in relation to the North-Eastem Boundary. EDWARD KENT. To the Senate and House of Representatives. Resolved, That the Legislature of Maryland entertains a perfect conviction of the justice and validity of the title of the United States, and State of Maine, to t*e AiU extent of all the territory in dispute between Great Britain and the United Sutes. Rteolved, That the Legislature of Maryland, Iool(s to the Fedornl Govern- mtfBt'with mi entire reliance xtpon its disposition to bring the controversy to an antioable and cfpcedy settlement ; but if these elTorta should fail, the State of Maryland will cheerfully place henelf in the support of the Federal Qevcnuunt, in what wiU then become its duty to itself and (he State of Mune. Resolved, That after expressing the above opinions, the FItate of Maryland feels that it has a right to request the State of Maine to contribute, by all the means in its power, towards an amicable settlement of the dispute upon hauMmble terms. Itesohed, That tf the BrltlA Oovommeirt would acknowledge the tide of the State of Maine to the territoiy in dispute, and c^fer a fair equivalent for the paosage through it of a military road, it would be a reasonable mode of ArtdfMd, iW the Oo^snat tie «iid is liaNby »qiMlt«d to tnoMDiit r copy of this Report and these Resolutions to each of the Govemom of fh- Incloflurc « fai No. 88. MASSACHUSETTS RESOLUTIONS. J HAVE received from the Governor of Maasachufletta a R«no»f nn^ "Resolves concerning: the North-Eastern Boundr^luriLwi^feZf them for your consideration. """uary, ana Herewith present To the Senate and House of ReprescntaUves. EDWARD KENT. Commonwealth of Massachusetts. — 1841, Re*ohe8 concerning the North-Eattern Boundary. Statef '^ftX"s";rl^' M •' ^'"*'^^^' *^"?^^"'' '^^^' the right of the United «nv. tS"' °"^n"n?«'^y. if the Senate concur, That li ESeUeSiv th« .fe£ Sill- ^r^"--:?- - - sr"-"'^ Hoose of Representatives, March 11, 1841.— Passed GEORGE ASHMAN, Speaker. In Senate, March 12, 1841 Passed. March 13, 1841.— Approved. DANIEL P. KING, PreHdent. JOHN DAVIS. fi' .VI Commonwealth of MaMMOchuteU; Secretary' i Office. March 17, 1841. I HEREBY certify that the preceding are true copies of the original Reaolvea, JOHN P. BIGELOW, Secretory of the CommoHveolih. In Senate, March 21, IM\. Read, and referred to the North-Eastom Boundary Committee. Sent down for concurrence. DANIEL SANBORN, Secretary. Hmue of Repreeentativee, March 29, 1841. Read, and referred in concurrence. GEORGE C. GETCHELL, CUrk. STATE OF MAINE. In Senate, March 30, 1 841 . Ordered, That the foregoing Report and Resolves be laid on the table, and 1,000 copies be printed for the use of the Legislature. r£xtr.ict from the Journal.] Attest, DANIEL SANBORN, Secretary. No. 24. Mr. Fox to Viecouni Palmertton. — {Received July 18.) My Lord, Washington, June 27, 1841. I HAVE recently received several communications from the Governor- General of British Nortli America, and from the Lieutenant-Governor of Now Brunsv^iclc, upon matters connected with the Disputed Territory, and upon the subject of further apprehended acts of aggression witliin tnat territory on the part of the )K>oplc of Maine. The same intelligence will, no doubt have been already conveyed to Her Majesty's Secretary of State for the Colonies; I shall nevertheless transmit to your Lordslup by the ensuing pact(( t, copies of the communications which have been addressed to me. I have to state, at the same time, that I am now again iii negotiation with the United States' Government, upon the subject of an amended arrangement for the provisional custody and occupation of different portions of the Dis- puted 'Territory, by a limited force on each side of regular trooiw, to the exclusion of the irregular armed posse now employed by the State of Maine, upon the principles laid down in your Lordship's several instructions to me of last year. Mr. Webster seems much disposed to entertain rational and mode- rate views upon all tliis subject ; but I still doubt whether it will be found possible to bring the State Government of Maine to accede to any reasonable agreement. I shall, of course, conclude no provisional arrangement without first obtaining the sanction of the Governor-General. I have, &c., (Signed) H. S. FOX. 19^ Ml. ;inal tlik. 841. r ary. 841. !er/fc. 841. ible, nry. 841. •nor- Ncw ipon itory oubt tlie uing with nent Dis- I the une, le of lode- }und lable hout OX. No. 26. Fiaaema PoimH-BUm to Mr. Fbx. Sir, Foreign Ofice, July 19, 1841. I HAVE received and laid before the Queen your despatch of the 27th ultimo, stating that you had recently received several communications from the Governor-General of British North America, and from the Lientonant- Govemor of New Brunswick, upon matters connected with the Disputed Territory, and upon the subject of further apprehended acts of agrreasion within tKat territoirv, on the part of the people of Maine ; and also statmg that von were then again in negotiation with the United States' Government, upon (he subject of an amended arrangement for the provisional custody and occu- pation of different portions of the Disputed Territory by a limited force, on each side, of regular troops, to the exclusion of the irregular armed posse now employed by the State of Maine. 1 have also received from the Colonial Department copies of communica- tions upon these subjects from Sir Charles Colebroolie to the 14th of June, and from Lord Sydenham to the 10th of June. With reference to the communications which you have had from Lord Sydenham iipon these matters, I have to instruct you to represent strongly to the United States' Government, the extreme inconvenience and danger of the present state of things. The armed posse from Maine continues in occupa- tion of a poet at the mouth of the F ish River, in the valley of the St. John, which it holds in decided violation of the agreement entered into by Major- Geheral Sir John Harvey and Major-General Scott ; and the British AutNo- ritiea would have been perfectly justified by that agreement in expelling that iirmed posse by force. But its continuance there can hardly fail to lead to collision, and if' this should happen. Her Majesty's Government will cer- tainly'not shrink from the dutjr of asserting the rights of Her Majesty's Crown, and of affording just protection to Her Majesty's subjects. Her Majesty s Government would, however, most earnestly press upon that of the United States the expediency of causing the civil posse of Maine to be withdrawn entirely from the Disputed Territory, and of letting that territory be provisionally occupied by regular troops of Great Britain and of the United States. The former being posted in tie valley of the St. John, and the latter in the valley of the Roostook. I &m, &(c., (Signed) PALMERSTON. No. 26. Vitcount Palmerston to Mr. Fox. Sir, Foreign Office, August 24, la41. HER Majesty's Government received with very great regret the Second American Counter-Draft of a Convention for determining the Boundafv between the United States and the British North American Provinces, which you transmitted to me last autumn in your despatch of the I5th of August, 1840, because that Counter-Draft contained sc many inadmissible propositions, that it plainly showed that Her Majesty's Government could entertain no hope of concluding any arrangement on this subject with the Government of Mr. Van Buren, and that there was no use in taking any further steps in the negotiation till the new President should come into power. Her Majesty's Government had certainly persuaded themselves that the draft which, in pursuance of your instructions, you presented to Mr. Forsyth on the 28th of July, 1840, was so fair in its provisions, and so well calouldted to bring the differences between the two Governments, about the boundary, to £ ingt and satisfsctorv concltision^ thst it would h&ve been at once accented by the Government oif tlie United States, or that if the American Goyeminent T m 181 had iiropoKd to make any alteraUona in It, thoM alterations wonM have reitt(«d merely to matten. of detail, and would not have borne niK>n any eawntial point, of the arrangement ; and Hor Majesty's (Jovemmcnt were thi more conrirmcd m tMahup*, Imcmmmimmt, sU tim main prinrinlea of the arraiij,M.nunt H'liul. tlial draft waa intended to carry into execution had. aa Jfer Miyc^y • Uov«!n.«Mt .conceived, been either BURgested by, or agreed ia. by tlio United Slatea' aovornmeut itauli". ^ »fc"-ouw, r^,^^ti^v^^ -^^"^ ^*^ ^^ *****^' Ooveroinent prop«>d n «,«»d UJunter-Draft, diflenng easontially from the draft of Her Mm^'» Govar». ment, and containing neveral inaduitiiiiiblH po|HMitioiia. In the first place, tlie Unitetora«ion im)po8ed bv the American Clouater-Draft. is in ArUclo llnd of that Draft, by which U would l» nUpulated. tha Uie Com. missionerB of Survey shall meet, in the first instance, at Boston To thk FW Majesty's Uoverumcnt cannot consent, becnnne Boston is not a conrenient P aoe for the purpose, and because titeir meeUng in a town within the Unitod tl^Z" r "* rn"""* 'J^^". ^ UJooiwonient. Her Majesty's Govenunent must, therefore, »UU press Quebec as the best point to start from, because U is the nearest to the western end of Uie Disputed Territory—the iwint at wWd! «£ bS^'" ^""'^'""'''"^ i"*^'*** ^' ^ oporaUons of the Commissionen In the lUrd Article of the American Counter-Draft, reference is airain «ade by a quotation, to tlie Treaty of Ghent, and to that reference hS Majesty's Government must again object. In that same Illrd Artich) a new method is proposed for determining th« point at wluch the Comuussioners shall b(«in tlieir survey. But Her Mai^8tvV Governmout arc of opinion thai there an the strongest nmsons for beffbinimr the survey from Ui.; i.«ad of Uie Connecticut River. For up to a certa^ ^hjrtance eastward from that jwint, the former Coramisiionen of the two Governmants found highhinds which they agreed in con«dering the highlanda ot the Ireaty; and it is only frcm a pint some way eastward of the heBdof the ConnecUcut tiiat the two lines of Boundary claimed by Uio two GovonT ■aenterespecUvely begin to diverge. It seems, therefore, natural, that the Commissioners should bogm their survey from the head of the Q^nnecticut and no good reason has been assigned by tiie United States' Government fo^ not consinting to such an arrangement. It i.s obvious, moreover that bv starting Irom the wcst«m end of the Disputed Boundary Line, much time mav by possibihty be saved For, if it should happen that from the jwint wherJ the two lines of boundary, claimed by the two Governments respecU-elv bc^in to diverge, there should be found, by local examination, only ^o ranra of highlands, oorrcs|>onding with the words of the Treaty, it is manifest Ait whether tiiat range sliould U) found to trend away in the direction of the Hno claimed by Great Britain, or sliouW be ascertained to Uke a couree in con- formity with thv « ...ncan chiim, the Coramissionen in either case would in the outset, find a clue whicli might guide them in their further researches^ Her Majesty's Government, tJierefore, disagree to this Illrti Article as v^ posed by the United States' Government, and again press the IHrd Artirl« .. It stands in the British Draft of July, 1S40. ^^ " The Vllth Article of the American Counter-Draft proposea that the Commission, which was originally intended as a Commiwon toexolore tJie country, sliould become a Commission to examine archives ; but thcBe different kmda of duties would in their nature be incomimtiblo with each other The Commissioners wUl find that an accurate examination of the conntir vM occupy aU Uieir Ume, and wiU be a work of intense Isboor; and to rniDose upon them besides the duty of searching Uie pnWic mjords at Washinrtoa •nd m Umdon, wonld only imnede tfanm in the nei^vmasce af t^^^-^-- dntiea. ■" *■ — X »«■ th* RranwI. li (fjiimr i ivnimma U nbamid tM«k that mv dncinnente m •tktr fo«»>«t^ "hi^ h. a«kBowfcdK«d and riKr^ert by two Co£a»Jonm. W , ?1 ""£^''."(>' "»•''«"'"= ••vi«l'-n«. „f tho fu.tH upon which th« in«r bear; and ll«r MajeHly's (Jov.rnmont nmst insist t.jMm the rtipulatlon to thlk If^ T^m "! r."*™"' i»,»l"' B^'tiHh Draft of J„li, 1840. SZlol^t tUt^i^ t:^\^'^' ^'0^"''"' f'"""ter-I)raf{ i« in thi« respect oS I wmwe, tor, tmrtrr the grmse of nn CTtprajfemmt that each party shnll fttrnteh tl other with docuinenti. for mutual information, it tends to enable the UnE tlfl (government to put u^m. the m^ortls of the Commission, as anthc" ti? any maj*, surveys, or documents, which it may think advantaRcous to ho m^yT '^ ^"'" '^'""'' •"* "^' «->«y«. o,.tlff rnmen!i! «n i?"^ **^ *'^ i^*^ l«)|K«ition8 made by the American Counter-Dnift, noiMr can be. mor. luadmissible i;«in that contained ia >.«ticle X. For that ArUde asam prr.po8ea that Mkchen's Mapahall be acknowledged as evidcm^e Sg mwii the tiuoBUon to be decided i whereas overy'cxxly wlio has paid ^ atten- tioa to these matters, now knnwa that Mitchell's Man is ftiii of the erossest imiccuracu-'s as to the longiUide aad latitude of places ; and that it taTbo admitted a,s ''vi.'enco of noUungr out of the deep ignorance of the peisoa wfco franK>d it. HorMaj.«ty'» Government can never igrcu to this p^poKiL nor to any psodification of it o f ui««u.> uur To the XVIth ,uid XVIItli Articles of the American Ck)unter.Dra£L Her' Majesty s Cwvernrocnt mast decidedly object. The XVFth Artiiie reprodncen in another form the iissociation of Maine Commissioners with the Commission ot hurvey ; and to this, m any shapt) whatever. Her Majestv's Government, for the rMjsoiis already assigned, must positively decline to con^nt. *T. J^f $. ,;^ ^^''^'^ "^ ^''* American Counter-Draft tends to introduce the State ot Miune as a party to the negotiation between the Government of Great Britain and the Government of the United States. But to tliis Her MajestysGoverBmcnt cannot agret,. The British Government when nego- tl- Jig with tJie United htaUes, negotiates with the Federal Government, ani wHh that Government abne; aiul the Britisli Government could not entet' into negoUation witLany of the separate States of wMrh the Union is comnosed. unless the Union were to bo diasclved, and those StaU-e were to become dk^ tinct and independent communities making peace or war for themsclvea. With the Federia Government Her Majesty's Government wmild be read* and wQling to ne^tiato for a Conventional Line ; indeed, the British Govern- ment has more than once proposed to the Federal Government to do so : and whenever the Federal Govemnient shall say tliat it is able and prepared to enter into such a negoUation, Her Majesty's Government will state the arrange- mant which it mav have »« propose upon that principle. Such beinp the view ^vhich Her Majesty's Government take of the Conn- ter-Draft. proposed m August o*' last year by Mr. ForsyLV it only remains for me to instruct you to bring under the consideratioa of Mr. Webster the Draft which you presented to Mr. Forsyth in Julv. 1840; and to say, that Her Majesty s Government would wisli to consider Mr. Forsyth's Countcr-Drufl as non avenu, ratlicr tlian to give it a formal and reasoned rejection ; and that Her Majesty s Government would ptefer rcpiadiig the negotiation on the ground on which it stood in July of last year, entertaining as they do an ardent hope that the present Goveroment of tlie United States may, upon a full and faur consideration of the British Draft, (ind it to bo one calculated to lead to a CA determination o£ tin queatioBs at issue between the two Governments. If £. Il—j^^*^*^^ ^.*i_^i'*'' ^ t',ys course, and sliould approve of tlie Treaty as ii =>3uts: Hi m:c sz-.-si: ijzsii s! •ia^,>0Ur&fie iuaitiiv.iASii to yrof)08e to him tk& II Kiof ofPnndii, thff Kinp; of B«nlii^, and tlM> K\nf nf Bnxonv, m Uw threflfVmr- reiKiM who Rhmihl iiHine th«< thnw mnmben of thit (.'ummiMinii of Arbknttton. ' U Menu deairabiu to chooM^ Hovcraifi^a who are aot Hkoly, ttom their maritime or co«imert-uil intermu, to have feeling:* of jealousy towanU either Ureat Britain or the United Statea. It is iWtirable to rhooM Sovoreifrna in whoae dominknu men of Kionco and of intellirenco are likelv U) be foun<), and it aecma to Her Majesty 'a Uovemment that in holh theae reawcJa th« threa Hovrreif^na abovp menticmed would \wi a pn)|M>r arloction. Hut if Mr. Wehiiter ahimid derlino nccediuK to this courw, and xhrnild think it nereaaary llml ho ahutikl n-ceive an official anawrr to Mr. Korayth'a Countflr-Drnrt', you will then preaent to him a note drawn up In accordance with the aubatancc of tbi* despatch. I «>m, k,c., (Signed) PALMERHTON. No. 87. Jllr. Foa to FUeount PtdmertUm.— {Received Amguat 29.) (Extract.) fFatkington , AugvMt fl, 1 ft4 1 . IN mv despatch of the 27th of Juno, I had tlu; honour to inform your Lordship that I was once more in nceotiation with the United States' Qovem* mont upon the subject of an amended arrangement for the provisional ctwtody and occupation of the Disputed Territory, by a limited force, on each side, of regular troops, to the exclusion of the irregular armed yiotao at present employed by the State of Maine. I have now tiic honour to inclose the copy of a despatch which 1 havo addressed to the Governor-General of British North America, detailing tho progress of the negotiation up to this time, and submitting for his ExccUcncy'a conirideration tho last definite proposal received flrom the United States' Government, with my own observations upon that proposal. I ftirther inclose copies of several documents referred to in my despatch to the Governor-General : First, an official letter which I addressed to the late Secretary of State, Mr. Forsyth, on the I7th August of the last year, 1840, containing an informal mcmernndum of the terms uiwn which 1 proposed that an amended arrangement should bo concluded : Secondly, an informal memo- randum delivered to me by the present Secretary of State, Mr. Webster, on the 9th of June of this pear, being the draft of an official letter which by direction of the President, he proposed to address to me, and uik)Ii which he invited me to offer to him my own observations in reply : Thirdly, a memoran- dum which I accordingly delivered to Mr. Webster, on the 11th of June, containing mv observations upon the draft of his letter, and setting forth tho views which I believed would be entertained by Her Majesty's Government, and by the Governor-General, upon the matter in negotiation. I have to observe that these last papers arc of an informal character, and of course are not to be considered as complete official notes, but only as the materials out of which the official notes, to be hereafter interchanged between Mr. Webster and myself, shall be framed, if the terms of tho arrangement can be agreed upon. As soon as I receive the Govemor-General's reply, I shall lose no time in endeavouring to bring the negotiation to a conclusion. IncloBuro 1 in No. 27. Lord Sydenham to Mr. Fox. Sir, Oovemment Haute, Kingaton, July 13, 1841. WITH reference to my despatches of the 20th March, 26th June, and BlK QctolM?r. 1 would. irfiOUSSt in 1h^ t*lfo!*!T^f*fi ^Jt'Hf^tH/^? vrtti hnv^ l:%tt^7^t? received any commomcation from the Federal Uovemment r^pecting the propoiM oonveullon for r*fuUUnK the iarWiction over th« Diaiwtcd Terri- tory, uendin* tixi, wUlenieDt of Uic lJo«twUry QiicUon "^f^**^ *<"»*- At Hit W. (JoJibrooko reporu to ni« Uiat lli.. p«,„pi„ of Muiao thow «.erv dtapo. iUon toconUnue the r n^cnmchmmi. on th« tVrrLry «.,dT. iuTlS wereir,H,«ibTc:toa,4«l;«d"^^^^^^^^^^ U.e pre-cnt Ciovoran.o.u might be betUr d^poJ-d uT^Mr t^Sl^.^'S •- Sfree to this nieaaun:. ^^ uurwn a to I have, &c., (Hlgned) MYDENHAM. .'•'Ti Inclosuro 2 in No. 27. Afr. Fox no«' to acknowledRo the receipt of your Lordshio'* temporary jurwuiiction over the Disputed Territory. 1 have bion for aoml time paHt m cominmiication with the preaout Secretary of State. Mr. Wrbater nS?l! i" 'A'^/,: ""'^ * ^'^"^ •*"* ** '«»8th received from him a deOnito proposal which I have to submit to your Lordahip's coiwideraUon. But, in the first pbce. I herewith inclose tlio copy of a letter (not I b«Ucvo hitherto forwarded to vo«,) which I ad.lrcssecf to Uio late Secretiirv of State, Mr. Forsyth, on the I7th of August of last year, transmitting tb lum an informal memorandum of Uio terms upon wluch I proposed that an amended arrangement should be concluded, the letter and memorandiun wore framed m conformity with ray instructions from the Foreign Office and with the opinions and wishes expr .ssod in vour Lordship's despatches ti, me upon the same subject, of March and Juno, l840. Mr. /orsyth did not retiJ^n any written answer to my communicat'on, but informed me verbally, that the President did not desire to enter upon any sucli negotiation at that moment • and so the matUr dropiHid with the last administration. When I first osnmecl the subject of the same negotiaUon with the present Administration, I found Mr. Webster not very desirous of moving in the Ijiisiness, ill least not before the main convenUon for joint survey and arbitra- tion should be concluded between the two Governments. But since he hag communicated by corresiMjndence with Maine, and personally with tlie Maine delegation in Congress, he is become more disi)osed to enter uiwn the subject • and he appears to liold more reasonable views on this (luestion than I have been accustomed to meet with from Americans. It seems, besides, that the Oovernment and leading people of Maine are now themselves desirous of witlidrawing the armed civil posse from the Disputed Territory, and of rcolac '"•fu" '^y.r "'■'■'' "('■^^"•a': United States' troops, if the change can be effected without the semblance of an abandonment of pretensions on the part of the State. Mr. Webster delivered to me, on the 9th of June, the inclosed memo- randnm bearing that date, being the draft of an official letter, which, bv direction of the President, he proposed to address to me, and requested to have my observation.s upon the contents of it. I presented to himf in reolv the memorandum, also herewith inclosed, dated the 11th of June, in which I fHUy set forth our views and pretensions. Both these, I have to observe are informal papers, and are to be considered, not as complete official notes, but only as tlie materials out of which an interchange of official notes shall here- after be framed, if the terms can be agreed upon. Mr. Webster made no furtlier reply to me upon the subject until a few days ago, when he informed me verbally, that he had no objections to offer to the terms of mv memorandum, excepting only to my declaration, that if the Umted States placed a force in Fort Fairfield, at the mouth of the Fish River, Her Majesty's Authorities might nrnbnWy send a force into that, rs-art .~.f th~ Madawaslia settlements which lies to the south of the River St.^ohn's! Upon raoiat Mr. Willilii wi j> wpBci*^ Mid, tfntiii woidA b»inpa»i^ Bible for the United StalM t» roRMM to tha stmtiiiniif flf a ■HdAariKUO^ c# the St. Maili; and tet n* tmns emrid 1» asned toif we IHMM nMMi llwl Mint. M» arid Mnt a snail Vmtei Slata^fiiroa «tt lM> yhHad^faa VaH VaitMd, fa Km af tim amwii pMaa, aad that ws nay thany aw paad^ pilflv anr fovee «« {rteaso oppnrito to Fort Vairfiald, on the notdi- of tt» i^ Jom^ and aivfwhenelw along the north bank, ftme theaat af tfaa Mada«.jini aeltianenta tiiat lie to Oc soath af the St. Jk^V;' imd this, Mr. Webster professes to think, wil' cnf>^.'!' w ti>|ri*e the deabnaib moral protectkn In ant Madawaska subjects c. both sides of the St. John's, af collision batanien tlie troojis of the two countries, which risk of collision would, ho thinks, be incurred, if a British military force should appear on the south bank of the river. From all that has passed between Mr. Webster and myself, I do not think we shall be able to obtain better terms than ^e above, and I am anxious to learn, as soon as jMissiblc, your Lordship's opinion and wishes upon tlie subject. Many advantag^es will follofr from the withdrawal of the lawless and insubor- dinate civil posse of Maine, and tVom the full latitude wc shall enjoy of making, wHatever arranecments we please on the north of the St. John's, which is to- TOBt. geogniphicaMy, the most im|)ortant part of the territory. On the other kand, 1 am apprenenahre tJmt, nnder the proposed arrangement, attempts wiH» ~ br made by the State officers of Maine to interfere with the jnriadictioii' Qiftr mir Madawnka settlers, sonth of the St. John's ; and I can scarcely sea by what means, short of miKtary force, this can be iTrevented. Mr. Web* ster declares that the United States' troop shall have orders not to snpporti the civil officers of Maine in any attempt at jurisdiction within our Mada- waaka settlements ; bnt this, 1 fear, will not restrain the people of Maine ; and we can hardly estpect that the United States' troops shonid actively iaterfere to snppreas the attempts of the civil officern of Maine to orerciae tfieir pretended jurisdiction. Upon the whole, this point of the exerciae of jarisdietion in the sonthem portion of tlie Mmlawaska settlements is the most embarrassing part of the articularly solicit jonr Lordship's opinion for my pnidnnce. I have fully explained to Mr. Webster that I can make no final arrangement without ywir sanction and approval. I have desired Mr. Moore to forward tht-se despatches fVom New York to Kingston by a special messenger, who will wait your Lordship's orders. Mr. Webster seems very anxkius that 1 should be able te give him a definite reply befbrt; the departure from Washington of the Maine delegatioB at the close of the prestmt extra isessbn of Congress. • I have, &c., (Signed) H. S. FOX. Inclosurc 3 in No. 27. Mr. Fox to Mr. Forsyth. Sir, WathiagUM, Juguai 11, l«4a WITH reference to the negotiation pending between Her Mafcsty'i GoTcmment and the Go\'crnment of the United States, for the estabUaiiimont of Conunis.sion8 of Survey and of Arbitration, with a view to the final settle* nwnt of the Itoundary dispnte ; and, in conaidcratian of the (leriod which auiy^ probably, elapse between the establishment of these CoiamiKsiom and the teal msah of thnr iabonra, I am directed to invite the serieva attention of the Govennnent of the United States to the expcdimcy of providing betcwchaKi^ 1»y aome tempornry b«t distwct arrangement, agsiinat tlie danger af local oottfationa within the Di^mted Territory, which might occur duriag Uie periad f^erred to.j Her i»ii^«miy'» Ciirv«ruia«iii Are uf uptiiiuii, Uiai Micti a utumiwnt m lurgeacij^ called tar, with a view ta praveaC tba friendly rclatkas bctweeni tile tw« JWwWm ftom^being iatetropM hfOmimiimtnmtM^ ^ i^. ^. »e "ttempte of uuaMtlnriaad imd iriiwHiirTr rftacd aathoriiiMy i* -uggested, requesting that I mayb^oS^d ISf «'?'''*TS^*^ "^ * ** went rfiaU beapprovod of; I «hdl beOTei>«rpH?« S^*^ *^ pn>!»«>d agree- «f J^mwiODers, aa referred to in th^rddL^^K^ ^*** appomtmeftt to the nature and extent of the dati«L £ S^tfi^'"^ P^' "^ ^^ « A««- w«ion of the valley of the UpSr 4 i„hL S ^"*?^ 2Se^Sr„hhL^S^^ ^"«t«^i!i^iSM^^^^^ ^ ?ver the DispuS Te^Lr^^nlo Zv-lT^P IT^^" and jnriadiction ".eluded, the'^Briti«hTu&/i2^; SaS^on S1.V *« Aroostook, ^hat va% rarisdictfon over the valley o ^e StJoC J^ J^' '^ po-easion oj Maine shall withdraw fhi Sie ,»8t tol^nu; t? ' ^"^' **' *« State of •nent, at Fort Jarvis, ou«,e Fiih Rive^" "^ "* oont«vention of this airang.- -ide,SJo?:iX"Sa*"„^raL^^^^ f«- ™ either erectj™ of st^ng buV^,T^^^^^^^ cea«, a- well as the - thafiXe s^iSrss^dS; s nt^r ^^™»-'' *« 'I i ii Inclosure 4 in Na 27. Mr. WebaUr to Mr. Fbx. MEMORANDUM. 1. ex^^SttSsftt^iSSnf^^^^^^ -^-ation, receiving communications from yorS^vciS «^^^^^^^ now m progress for a joint commission fn sPfH! fi, IT j ^ *il® Convention is anxious t1,at the comnleUrrfX Oinvonl? n?T^^ S^"*^*^ "« the basis, but die main partSlSs ateadv I^S'. K^'l!''^ ^^ ?"^' °«t o^^'y hastened as much as pSSbk ^wonlTl^!! a ^^ u^^ P?'""'''' «''«"'d b^ concluded and ^nl^ilH i^^„ o''^!"!^ ^/P.-^y ^^^'''ablc that it should be .Ufi^, Congress-might-inun^^ ^^Ujat. if However amicable may be the disposition of the two Governments, a 142 of excitement *°? i'^***''^' '^r^^LJ^'^^ at. may not a little other, and may give room for «»t«*«J«/' ffffi reasonB, the President is embiira- U «°v«™'V«"*». ^.^^'^ CoavenS forTrotat comml«ion \b SfmrS: ;jre^dy'rnterti.r£*pSSsmay proceed to its completion '^ft^SStfttcaHion to recur to the subject of the occa^Uon of Governor of Maine and the Ueiitenant-uovernw oi ^J^" ^ ^^^ j,^ S*p™ly no actual coilijon h^ ^^^1^-^^ iX^^y fgaE^les^ to this time, kept up her civil P^f^'^Pr^^^L posse Involves the State immediate orders, and «i V^f lyjff I^.'Xfne ^^^ small detachment, of "^tS. I>™«d«i.t nndetrtaod., A«t occttpaUon of any part of iko M?™"* is not to be regarded, ^X «»*«' PStA^SossMsion- but that such occupa- tion u to ^.'^d^^'^^^'ri'^r^^^ preservation of the pro- la.t "^^'"f °"j„^«fi,^f ^i^^^^^^ parties may be found ultimately P*^!/'?' S^ U U ncS iSS 'ha any detachment of troops, on the part *fl U^^ sit^ irt S^ced fartLr north than the spot now occu- of *« UmtedStotes, smiiiD^ v j^.^^ .^ ^^^j^, ^^derstood pied byon« P^"^"'^^:! trooDs will be continued in their present that the detachments of »"^8\'f?T„o" T~C„»a niyer The distance of podtion, on the left ^^^Ic^td stuTmS/tS^dLS^^^ «i«. ^J'^tr^^'prrnt Sing« ^^^^^ ^»- ^'^'T '^^'""^^" T T^Z^' C trespSs on any part of the Disputed Territory may be ^''7'^tnectful attention has been paid to a suggestion heretofore made by VLT.^„ Authorities of the United States should occupy the yallcv of the you, that the Avithonties 01 ino -u j ^ f ^y^^ gj, John's. But S^^HhVSd'sut^iln tK^^^^^^^ ?7/n« ^^^«"^'f .StS ?: „n5 the AuS ties of the United States shall hold possession of the p rt '^ • rV^hP St lohn? the British Government, in like manner, denying lie south of the St f°f"_l' "^'^°"" ement will be accomplLshcd which promises ^•^r '*'^h7w£r '^d^ieTcuS of the territory against trespasses. . '^"7ha?e^>af pie ^^^^^^^ ^^A ^^^^^/r'^^' ^\hc sT v 1 K ^^1 th.. Pn-sidcnt to relieve the c vil posse of Mame, by the sub- ::!;lSjlSuSrcnt'°of'u,,i.odSUte,M'nK.p,, «, .ake iu place „> the two positions which it now occupies. June 9, 1841. InckMore 6 in No. 27. Mr. Fox to Mr. fFeb$ter. MEMORANDUM. I HAVE no doubt that I shall recplvn lwfit» i-- *v Majesty's Government to the last proi5rfC^^?nH^ *** T^** *^"«' Ooverinent of the United Sta^.Ta^* ceS tSt hA •!?7*^''y ^« ment will use no unnecesgary delay- but tt k^Pv^U i ^"J^^y'" Govern- the oresent short session of SnS'mav cloS wZl fi*"n *"^ P*^"« ^^^"^ cpncUed; in any case, the ^^Z^X^ ^X^' ^Zl^ th Convention could not now eo into ODeration iinVnV^„ • *•* Proposed ^ext vear, 1842. It is to bf hoS nTe4 win iSiU froM J^.'^T' ^'^ any ^uld, it must be attributefto the uneTpect^ retSn^K^lY^ ^ :partsTtrSltSe^TS^^^^^^^ rniftho 2^^ "^-^^ '^''^-»* definite and saUsfactory Lune 1?^'™^?^^^^^ ^'^ "P*''^ ^ ""^ .Her Majesty's Govern.^om Sid no TSe7e T a^eT fyn^ '"^'l-"^" an arrangement, by which the severa parts of thrte^ri^^v 1^^AT^'^^'''^ provisionally m th^ custody of Briti^h^ld Unties' ^^?^^ myself authorized'to itVo 'the ar^aSent^^"?^^ ' f°°^^ '^^'"^^^ your letter, although satisfactory iTsomrtSS Lin! t P?" f'^P'^ '° the mouth of Fish River shall be^ r^linnnM^^ if ^ .^ '^a* the station at arrangement that may be aCTeediSo^ 3^?^ altogether, under any new if, without the assent^ of «rBri LrGove^menT Tn Im^'- '""PrK ''''' be placed there. Her Maiestv'sX thoSS'i;^ American force should strengthen consid^^^^^^ S7ofHef&:ss5cinhr'^^^^^ Tw—ir ^ '^^ °^^-^— coSirbS;n^?,v&rpi^^ ^X tempo'^/'^S'^^S-letr^rorU nrdoX*''' '""T"' "^''^'^ «^- '^"^^'^ «'« proposal definitively and officially, nntil I have received the opinion of the Goveraor-Gcncral Lord Sydenham, with whom I shall immediately communi- cate upon the r.abject. jHfiell,1841. No. 38. Mr.»»io Vi»e9tnU PtthnerMUm.-'iXfBenuod Auguat 29.) My Lord, Wa,ki»gton, August S,mi^ 1 HAVE the honour herewith to factose coniee of a series of cornmnn*- cations, with their respective inclosures, which t have recently ««>^t^^ his Ex^llency the Govemor^eneral of British North America, and from the Lleutenant-Gbvemor of New Bninswicit, upon various ^'^^^^'^^ connected with the present state of the Disputed Territory. The first part ot these communications was referred to in my despatch to yow l^dship of the 27th of June; they are now contmued up to *«^Y*. °| J^* which is the date of the last letter that I have received from the Lieutenant- Governor of New Bmnswiclt 1 have, &c., (Signed) H. S. FOX. IncloHore 1 in No. 28. Sir William Colebrook« to Mr. Fox. Oovtmment Houae, Frederieton, (K, Neva Brunsvick, May 10, 1641. * 1 HAVE the honour to indose, for your Excellency's information, copies of two letters which I have had occasion to address to Lord Sydenham, wjlatine to the prosecution before the magistrates at Madawaska, of a man named Baker and another, who have t)een convicted of havmg enticed some soldiers of the 56th Regiment to desert, and also couceming our relatioia wUh the Americans of the State of Maine m respect to the Disputed ^* I have, fcc, (Signed) W. M. COLEBROOKE. Inclosure 2 in No. 28. Sir W. Colebrooke to Lord Sydenham. GovemtMnt Hotue, New Bruntmck, Mv Lord. Fredericton, May 1, 1841. I HAVE tlie honour to inform your Lordship that I have this day received a report from Mr. Mc Lauchlan, the Warden of the Di^P^^'^.Jemto'-y'Jhat he iSd arrested a person named Baker, and three others, with a <=h"gc of having enticed scVeral soldiers to desert from the detachment of the 660^ Regiment stationed at the Madawaska; tliat he had b«>ugh them before Self and another magistrate, and had f-iBaUer, or. conv._ct.on, m, who ptud flie montsy, aau was aiscr.argvu, uiuugn •ur- ";— -or — - cititfln, to acknowledge the jurisdiction. , 1 have called onMr. McLauchlao to make mc a special report of these proceeds, and to repair to Fredericton to afford explanations in a case which Svesowamon to reference from Uw Authorities in Mame, the residence of ikcr being near the Fish Rivers. I have, Stc, (Signed) W. M. COLEBROOKE. IncloBiue 3 in No. 38. air W. Catebnoke to Lord aydenhtm. m,„ , „ . Oovernment House, oay iMM, Fredericton, New Brunsunck. REFERRING to my letter of the Ist instant, I have the honour to inclose to your Lordship, copies of two letters addressed to me by tlie Warden of thp Disputed Territory. Being in expectation of his arrival with a further report of his proceed- ings in the case of Baker, I did not enter into the circumstances of the case jn reference to which, so for as 1 am mformed, the conduct of the Warden has been judicious. ^It appears that Baker, an American of the United States, is the same J«rson who w.-« brought to trial in the Supreme Court ef this provinGe, in the year lb2», and found guUty of sedition m an attempt to subvert the British Authority m the Disputed Territory. .,. 1-^®,°?* continued to reside in the same situation, about seven mUes from the block-house erected on Fish River by the Americans, during the last year and where, I am mformed, a small number of persons from the State of MMue are still mamtamed. Baker and three other persons residing with him, were arrested by a jwm-ant from Mr. McLauchlan. on the 21st ultimo, and tried on the 25th before himself and another magistrate, on a charge of assisting seven soldiere of the 56th Regunent to desert. He pleaded not guilty, and decUned to make smy defence, on the ground that, as an American citizen and on American territory he did not acknowledge the jurisdiction of the Court. Baker and his servant were convicted and discharged on' payment of the fine imposed. Aa the deserters took their ronte through the American post, it is probable tfiey were a^ted by the American posse r and. if evidencVto this effect had been obtamed, it would have been equally the duty of the Warden to have apprehended those persons in tlie exercise of the undoubted inrisdicw taiw with which he is mvested. ■' It is to this circumstance that I would wish to draw your LordsMu'B attention. "" *^ After the corrrapondence which took place between His late Majesty^ Government and the Government of the United Sutcs, m respect to the case of Baker, it is not probable that his complaint of the issue of the present proceedings against him wiU be attended to by the General Government at Washmgton, although it may be noticed by the authorities in the State of Maine, from whom he is understood to hold a commission ; but if any of the armed posse shoiUd be apprehended for an infraction of the laws, it might give rise to renewed excitement, especially if the Warden should have occasicH* to require the assistance of the troops in support of his authority. Not anticipating any immediate occurrence of this naturt, and expecting shortly to see Mr. Mc Lauchlan, I do not think it necessary to g" 'o him any instructions in addition to those of Sir Jolm Harvey, of the 25th oi i-eoruary. It is, however, impossible to answer for the conduct of the people ( ♦" Mainej who arc ready to avail themselves of any oiiening to advance their pretensions, and to embarrass the British Government during the pending negotiations, which I cannot but hope wiU be brought to a satisfactory issae in the coune of the preaeni sommer. I havf>. &Lr.. (allied) W. ML a COLEBROOKE. U 2 HS Inclonire 4 in No. 28. air W, Colebrooke to Mr. Fox. Chvemment Route, Frederteton, New Bruntwick, May 15, 1U41, IN reference to my letter of the 10th inatant, 1 have the honour to transmit to you the copy of a further communication which I have addressed to Lord Sydenham upon the subject of our relations upon the frontier, and the claims of Her Majesty's subjects in the Madawaska settlement. I have, &c., (Signed) W. M. G. COLEBROOKE. Indosure 5 in No. 38. Sir W. Cohbrooke to Lord Sydenham, My Lord, Fredericton, New Brutuwick, May 11, 1841. MR. McLAUCHLAN, the Warden of the Disputed Territory, arrived in town yesterday from Madawaska, and has communicated to me the pro* ceedings m the case of Baker and others, referred to in my letter to your Lordship of the 8th instant. From the minutes of the Warden, taken before himself and another magistrate, it appears that Captain Ryan, who is in charge of the American armed posse stationed at the mouth of the Fish River, was present at the house of Baker when the deserters were in it. The apprehension which I expressed, that the Americans might be implicated in acts which would subject them to the penalties of the law, hag been strengthened by the circumstance. From the report of the Warden, of the 9th of November, on the subject of the town meeting held by the Americans in the settlement, it appears Captain Ryan publicly declared himself to be invested with authority as a magistrate ; and Mr. Mc Lauchlan considers that, if required to act in support of nis own authority when any of the party might commit acts of aggression, he would be resisted in a manner to render it necessary to require the support of the troops : a proceeding which would doubtless revive the hostility of the people of Maine, and lead to collision with them. Mr. Mc Lauchlan informs me he has reason to believe that it is intended by them, during tliis present summer, to run a road to the banks of the St. John, between the Great and Little Falls, and that elections will be held in the settlement, as in the last year. He delays, however, to report officially on the subject, until he has acquii^d more precise information ; but threats have been held out to him that, in the event of his interference witli such a proceeding, he would be arrested and sent to Augusta. It is certain that the land-agent is selling lands in the Restook ; that the settlement of the country is in progress by the Americans, and will be accom- plished with a rapidity which would render it extremely difficult, if not impracticable, to disturb them. Although Mr. Mc Lauchlan has of late effectually checked the cutting of timber in the Disputed Territory by the people of the province, he was lately informed by the land-agent, that he was about to grant licenses to the Ameri- cans to cut what he called "burnt timber," to which the Warden objected, alleging that it would lead to the burning of tlie woods and the cutting of the timber, on the plea that it was burnt; and considering that the alleged grounds for the employment of an armed posse in the Disputed Territory, was to prevent the destruction of the timber by Her Majesty's subjects, this proceeding must be regarded as indicating that other views are contemplated in the occupation. Under all these cirennjst.-.ncfis, it U important at thk time ?o consider of the measures to bo taken for the maintenance of pacific relations between the two countries, pending the negotiations which are in progress. I«7t lettei'to^Si^S^'a^Jej' *'* "'J''^*' ' '»''- ^^^^^ to your Lorddup". po«e« land to the Lri of the™ JohnT and to E*-^?'°*' !^ "^'^"Py «' the comnmnication by the M^'-^aJiTtl'tZtii'T^'' *" I^'^*'^* ^^'^""ty that whatever w indipenwoS fo^the mirrZ ^''Jk'^" *°*^ Q»«»'«'^' ^^^ Lor^hip'sletter of the4thotLy%oudSZrf '^ 1^ =„*"•* '" Voir ™b^ on both aides of the s'lJk^'s r"S2^^^^^^ "«' MajeV» the troops stationed at the Madawaaka entitled to the protection of instru'?Uot%nV;^t^;:ttai^^^^^^^^^ T ?'•'?''" ""-y for to the arrival of Hw mSv"" troo^^irtK ^f,"^ iMtructions subsequent Harvey repUed, on theSh of FKy^^J^'fonoSS- Vh*? ^"^'^ ^^^ intention of Her Maiestv's Gnv-Jn^!^;' f^ tollows "That it was not the negotiations, any So? the iIS!° ^ '^^m^^K during the pending «fndly th;t"X'Si„\« ^^ John as far as any inhabitants hav«K«>„i " «*te"ding up the River St. continr. to be sn,rdeS^ and Ihir^l" h»f -^ "^ estabUslied, and would armed posse entering th^MiSl^J^^ *^! «^«°t ^^ «" American Fish River, it would-be the dutrof the wSn I'ltV^^^ ?"* ^'°^ t'^^ cation with the officer in command of th» n , .P°* ^""^^ "» communi- instmctions for his gnidance » ^^ ^"^*° ' *"^P«' *^« ^'^^ received rf<»^hS:hl'i^Tc:irfoHSs^^^ ^;'^.'^««- - -y— Warden and a maristTftf« A=T ° -"Z *® ^® °^ ^ ordinary duties as exercised foJs; Cg^^rmt ovtr the^ffS^t ^t*'^- Warden^had 1>Z exerted in preventing hS^ MaSf v'« S V^"^*^ Territory, and as it is stiU this prevention She pleTon'j^^^^^^ mtroduced, to limit now^S briSction cf ^hTw^^ armed posse was first Ffch River, would risit a reneSrf couLon Jf Z ^^'° ^- 1^^ ^^"^^ "^ ^^ who, on any relaxed vi«lancrof fh?wl°i ^^^ ^^ "^'^^ ""^ lumberers, operations. ^The tempS fa strong Sfl!' r'i^<*,^P™\^Wy renew the5 uWr is drawn from fheD2pLd'"SSr^'^ "*"* '^' most valuable complL^'f^S^'eShided^^^^^^^ '""^ ??°P'« "^ *e province would by the St. Jolm's rS ire t^l'^.w L r k? "'"^ "ecessarilv be transported diW occasion for Sterference ^*^^' *° ^"™"^' ^^^'^ ^ ^o^-ne. and theTt.te;the IS^ TS' ^,f ^^^ '=°"''"'^.°- °^ *« Fish River the Madawasica se t ment ^irLauir^mlh .•" P-'^^'^^ting the inhabitants of of their block-house called FortX^^^^ . ^'^ '^' «^«<=««° improvement of one ^f the MadawafkTSule^^^S^^^^ ^? adjoining the opening the projected road thnv aC.,i-iT 1 ' "^" ""^ *^'*""«^ '" and f, m lands of the s^et3e2, mi™S e£raZen?^^^^^^^ ^'""""^ *t ^''^^'^ °° *« templation of the ad ustment of thp rS 1 """T' ^ ^ '^"'^ t'^at, in con- to tL Kingof HoCdT Sc LithG^^^^^^^^ lands to thi settlers, who LeCwcS'rrTn^nJ'f'^ discontinued grantiL>g of the St. Johns as far as the S? Fr^n^!» °"!^ ^ ^°.^°''« °n both bauKi American block-hoiVe, tlTe ettant hT^^^^ miles higher than the land on both banks appear to mS^ populous Grants of subsequently ; althouVh the difficnlfv ,?nl ^ ^^-^"'^ '^"^'^''^ ^ ^^86 and the boundaries of ungranted lands S'f hot f.'^-? "'^T'}?'"'''' ^^ defining an obstacle to conSbg titles forThel nT ''^- °^ *^' ^"''^ ^•^^'- "^X bl up lands without graS I anticin.t- th^ *? '^''°'« ^^° ^"^^'« 'aken tiler encroachmont^f £ AnSns ^^^1^" h'^^ confirmation, the fur- in settling the lands on the ReS Sf ft lll^u^fiffel^^^^^ in securinir the interests of thoJ,. o.,k;„ * '""> jusmy tiie British Government 01 Carlawi., «„d is declared (o "embrace all" thai mVt 'nf''.!,.™; "' "? "i^'if i«. to fte „„rU.„a,a of U,c to.», „r pa^ri^L^'pS I'tL^/LtS aUdM of Ihe River St. John, and to be calkd knowm and dutingtiMhwl by tlie name of 'Madawaska.'" , *„ »u„ a* !„>,«»« The advance, thewforo, of the American armed po«e to the St. John s. at the momh of the Firii River, and which immediately followed the removal SS: UtJ Regiment, ha. been 'cxU^ely embarras«nff. a^.it ?> ^J ,^0 «ppre. h«dJd. wiU lead to their continued assertion of a ri^t of juruKhcUon alone liirright bank, which the Britiah Government, in juaUco t» ite aubjecta* wiH "^^the wSen'a report of the proceedings at the town n)e«ti«»g» i» November last, he noticed the peaceable conduct of the Acadian aetUenHwho. toSk L part whatever with tTe Americana; and although thehr -ppeal for motection agamat those proceedings had been dekyed to obt^m mgnatiutwi,. iK SaSsto the feeling to which theTonduct of the Americans has given ru«. li wiU thwefiJo become a question how far the maintenance of pacific «,hitiona on the ftonticr wiU be pr«.acahU, unless »»»' G«'>"?^.^7/E Sj the United States may be prepared to cOM)perate. as before, with Her Majesty s oiremmenVta arrJting the encroachmento of the State ot Maine, which are ^S to produce cdUsion ; and if Uiis shou d be m^pracUcable, to emplj« atody of reifSSaTtroops to control the irregular force which » not whoUy withdrawn, and may at any time be augmented. ^ „ n^i ».,-o ^^^ The regular troops, if stationed at the Reatook, and Her Maiesty s troop, a; U.e Mackwaska, would afford a g^larant«« for the strict observjuice of listing engagement between the two GovernmenU jH^nding Uie negotiaUon^ wSdoes^ot at pre^nt exist, and whicli could, under no c.rcumstances be kftto depend on the irreguUr forces of the State of Maine, even if tlieir di»D<»iti(>n to encroachment had not been fully mamtested. ^sloon as the country is open, and the roads are pracUcable, I propose to proceed to Madaw,u.ka, and to inspect the frontier hue, when I will again addvew vour Lordship on theses important subjects. 1 have, &c., W. M. G. COLEBROOKE. Inckmire 6 in No. 28'. Sir W. CoUbrooke to Mr. Fox. Oovemment Ttoute, _, Frerfcrtcen violation of the Convention made by himself; but it has been suffered, and thus the curious anomaly is presented of an armed posse, in the pay and under the authority of a Foreign Statt>, being stationed within a district over which Her Majesty claims and has exercised jurisdiction. Whilst, therefore, it is true that the authority of the Warden extends, even according to the interpretation above referred to, over the fort at Fish River, it would, in my opinion, be extremely imprudent and unwise to call it in question unless we are prepared to carrj' it to its full extent, which would really be the removal of the Ann^rican posse altogether. A case might arise of so grave a character, in the shape of insult or injury to Her Majesty's subjects along the St. John's, as would necessitate interference with this force and justify the collision which must attend it, but eve^y endeavour should be used to avoid it, and certainly the offence contemplalcn as likely to call for it, is one of the last which would be a sufficient motive for what might be attended with such serious consequences. I would, therefore, request y.)ur Excellency to enjoiii the strictest caution on the Warden, with regard to his conduct in this respect, and to direct him in the special case in qnestion to abstain from any interference with the American civil [KMsse. W nilst it is incumbent upon him to afford protection to the inhabitants of the settlements in the event of their being aggrieved, and to prevent the assumption and exercise of jurisdiction over them by any American authority, it is no l(«s desirable, under the peculiar state of the question, care- ftilly 10 avoid any step which may, without grave cause, renew agitation, — above all, bring on a collision. i tskc the oppariiinity of informing your Excellency thai a portion of or. 'the 1»^ trooM now at Maclawaaka will b« withdraw!, to thi» barrack at th« ni5„„u . conformity with un arrangement dmred bv the Pom^ Ti .• .u *^«"'**"' '» military groundB. ^ t-ommandor ot the Forcet, on I have, Jtc, (Slirnod) SYDENHAM. Incloauro 1 1 in No. 38. Lord Sydenham to Sir W. CoUbrooke. (Extract.) „. ^ , I uk\rv .1 1 "«»»^« «> menu between the co„ntrie«, ,.„,l'S t "^^'Ju. t.?'"'"!^ "^'r'' In tlie meantime, tlio instructions wliich were addrp*<.>fl hv fh„ e In regard to the cutting timber, the Warden should onnfm,,-. u fore, to prevent any of Ilof Majest/s sub^c'S^Ln S^ ^ZZ the ex.8Ung agreeu.ent, and any timber cut by citizeiis of Vaine Znld without fail, be seaed on its piv«age do«n the Stf^ John's. I ^vould nrobahfj bt. e.ped'ent to make known the intention of the British A uZiKtS Keki^r "'"*'" "''''"""*'' *'' ^'"^~ «"P»''»^'«» from a™Siii^ Inclosurc 12 in No. 28. Sir W. Colebrooke to Mr. Fox. ^"' I tiA^rr^ ,. Oovemment Houae, Fredericton, June 9, 1841. I HAVE the honour to inclose to your Excellency, for your information the copy of a despatch which I have this day addre^ed toWSvdrham Territory^'""'"''""" ^ ^''" ""''^"^ *"™™ *'" "^^"^'"^ oT theXpS I ho]^ that earljr intimation may be given to me of any militarv move- menta which may be intended upon the frontier of this proving. ^^ I Iiave, &e.. (oigned) W. M. CJ. CX)LEBROOKE. X IndoMn 13 w Ko. 38. Btr W. CoUbrooke to Lord Sydmkam. My Lord, Frtdtricton, New Brunimck, June 9, 1841. 1 HAVE received tWi day a dwiiatch from the Warden of the DiBputed Territory of which I inclow to your Lordshiii a copy, and of my reply to a. Your Lordnliip will hate been prepared, by my prcvlouo communications for the interference of the Amiricaiui with the wttlera at the Madawaaka, and I rejn-et that u niaRistrato of tills prorince shoTtM have been so far mialed aa to have entered Into the tranHactiona alluded to in complying with the demand of the land agent for the imymcnt of dues on the timb«'r. I h*»e referred to the Attorney-General on the aubject ; but It muit havo be«n known to the American Aginst, that tho licence to cut limber in tho DiajHited Territory could not exempt it fVom aeisare, If attempted to be intro- duced into thia prorince. .... « m ■^.».,t 1 hope to receive inatnictiona from your Lordahip or Her Majeatys Minister at Wiishingtoii, of any arrangcnunil which may be made resiHCting the intended employment of troope on the frontier, and of tlie relief ot the tnned posw at the Fiah River. < » <> I have, «(c., (Signed) W. M. O. COLKBROOKE. P.a, I inekm copy of the A»toniey-General'» Report juat reeeiTed. Inclonire 14 in No. SB. Ur. Mc LtmekUm to Sir W. OtUknelkt. If ay It pkaae your Ercellency, QrmA Faltt. Jum 4, 184 1. PERMISSION having been given by his Excellency the Governor and Council in Mardi last, upon the recommendation of tho Surveyor-General, for allowing the settlers of Madawaska, as well as other j)cr80iiB, to haul nnd take to market any old white pine timber in their posaession, by raying a duly of At. to 6». a ton into the crown-land office ; It now apjiears, by a letter I have received from Mr. Coombe, a magistrate of Madawaaka, a copy of which 1 have the honour to transmit to your Excollcncy, showing, that he hai pur- chased from the settlers residing on the St. John's, above the block-house occupied by the American armed po«e at the entrance of tho Fiah River, a quantity of timber, about GOO tons, part of which 1 find old, and nart new, and for which he is obliged to pay to the land agent of the State of Mame 5«. per ton, previons to Ids being allowed to remove the same. 1 am informed by Mr. Coombe, the indulgence granted by onr Govern- ment to the aettlere of Madawaaka was previously allowed by the land-agent of Maine to that prtion of the settlement above the Fish River ; and further, that permission had not only been given to remove the old timber, but to manufacture new, through the woods where timber had been iujured by fire. Mr. Coombs has also stated to mo, that in a conversation he had a few days ago with the officer in charge at the Fish River, that the civil armed posse was shortly to be removed, and the block-house occupied by a military force; and that no jurisdiction, on tho part of the Civil Authorities of Mada- vraeka. would be permitted by the SUtc of Maine beyond the Fish River. I find Mr. Coombs ia of opinion, that Uie instructions recently received by tho Mscwon of county rates firom Her Majesty's Attorne% -General, for assessing all the property through the seUlemcnt, which must include that in poaseasion of the American armed pofwc, will lead to a collision between the two Govcm- nenU, as, no doubt . aniBe of tho peace-ofl&cers, in the execution of their duty, will be arrested aikd moi on to H©ulton or Bangor. (SigBBd.) ' JAMES A. Mc LAUCHLAN. ii 'nclowro J5 lo No. Ml Jfr. Onmb, to Mr. Me Unchlm. «rry ..id Uml»r la m.,kol 6.. „, M^tottcr d«v ' ""'' '"' •"»»•'" » I iiavo, &tc., (Sij^ned) L. R. COOMBS. Rteript of Captain Rint$. RECEIVED of L. R Coombs M9 ,inii I^ll '^'^' ^"^ ^' '^^l. .tufnnage of 612* ton. of wjje^ ^'^^^^^^ «^^^ for th, Ticmlty of the St. Franci. Rivc», Ey the S«. Jix :i!'' P"''"' '«>'*- ^ »»>• Mean. Johiwon and Savaeo Nathaniel Bartlctt . Dominick and Kendall - Aofuatiu Pickard J. H. Ryan Total (Signed) STOVERT RINF^ Inclosure 16 in No. 28. Sir W. CoUbrocke to Mr. McLmuKUm. Sir, Frtdericton, New Brmmnek, I HIVE received your letter nf tl,„ ^.k • . *^"'" ^' '^'• dated the 3()th ulUmo to bT^Wnf; F*?*""^' '^ magistrate of Madawaaka, timber for which he^^d ,Sd^e Amori.^""^ to market free of duty. certS from the ietUcr. reriKn So t r.?^ '^l"*' ^"^^hi'^b he hadpurehased .t the entrance of iSF^Ritr who h^d'c-S™ ^^ ^^^"^ tlSck-hSS theLeutenant.Governori.,Co4KKch^^^^^^^ ^'*° ^^ certam instrucUona. rccenUv roo^^l^ k fi. "" *^ "^orm me thsi theAttorney-GenSlX^^rn'S ^^ *^! 'T""" of connty rates from «« you au4, (iiSindiTrjfnl^ would lead t^ a^olU Jn^at^h"erX" ^^^^^^^^^^^ -"'^^ ^') had not received my inktrScUor oS/^^ ^ ''"*%"^ y°"'' ^^«cr, that you them for your guidanc^^t S^ n^vl T ""•'*""*' ' °'^ ""'^ '"'^f'''- yo" to fl.ouId not' be aLverto'ilrfer?in"!riL;^^^^^^^ ^^^ 'he aissors oiocK.nou«e, by proceeding to assess th"eii: p^^ ^V thaTplacT''**"' "' '^^ ji. 2 In resncvn to the application of Mr. Ckioinbs, I cannot at all recognize the transl^tloTlSwccn hinTself and the Ajnerican land-agent J «J«J^^-« thP nronertv of BriUsh settlers, it would be admiesablc only on the terms ana X^^Em of the licence from this Government, and not in virtue of any S^^JS^t^ cut it b7'L American land-agent; and if obtained otherw«e than by anthority from hence, it is liable to seizure under the special comrate- """^ou'^Sif fffail to report to me by an express messenger, any occur- rence of importance at the Madawaska, giving ""e immediate intimation of Se ar^iva^of any troops at the block-house, and of the relief of the armed , , (Signed) • w/m. G. COLEBROOKE. Inclosure 17 in No. 28. Mr. Peters to Sir W. Colebrooke. May it plea«, your Excellency. Fredericton, June 9, 1841. 1 HAVE the honour to return the inclosed papers. with respiS to that part of Captain Lauchfan's letUrwluc^^^^^^ the timber clamicd by Mr. Coombs, and for which he (Mr. Coombs) states hehMSXthe caUs"8tumpagc» to the American deputy land-agent fbv which tern I understand him to mean, licence to cut the same withm the Souted Territory), it does appear to mc that under existing circumstances, Kct that Sie tin bcr was cut under such licence, must of itself preveut the go™eS frl'aUowing it to pa. ; as the ,«ifnF "i^ " b "^uSf^Th": a sanction to the American claim to the Disputed Terntorv m question, i ne occupa ionof thesame by the armed posse, wrongft.l as it is was proRyd to SelVo prevent trespassers, and to save the terntorv from devastation, ^ntU U.^ L\ sottlement^f the question in dispute anct not t^ give them normission to eivc licences which this Government withholds. ^ TSr. cSmbs' case had boon sim^^ly the purchase of timber cut under the order of Uie Governor and Council fn Marcfi last, there would \^>. no d.ffi- aiU; but when, froS his own shoxving, tlic said timber (or some part at iSwa^ cu bv authority of the State of Maine, and be);ond what was SudTby hat'order, and which, 1 presume, is now «o^}nU>rm.xed ^ to pre- V it a distinct sopurat on, 1 do not see how it can bo allowed to pass frecv I a™nsidor that any of the timber in question, which was not cut under UieSe in Marcl/last, w.is illegally cut, and. as such, the right of property therein is not legally vested in tlio trespasser ' Captain Mc Lauchlan has nn power, as Warden "f the Disputed Tern- tory to seize the timber; but he holds a commussion under the Great ^eal of ^^^^Thrc^ASaSrf^^nVr^rrrs at Madawaska f^ "ot stat. (or what uurio^ the assessment was ordered. It was stated to be for pansh mteiS^creforc, I am unable to refer your Excellency to the particular SncS'statutc. The Court of Sessions have power to assess the inhabi iaTsS different counties, "for money to support the poor, to pay county conOnSnSs to bS j,; 8, and court-houses, and buildings for the saft-keep- fn^oTt^ county records," and, occasionally, for other county purposes ; and Twld reqS\hat I should be furnished 'with a cony of the assess warrant, before T coJld point out the particular Act tojour l5xcellency. (Signcdr*'' '^CHARLES J. PETERS, ^ " Attontey-General. IncIoBore 18 iA No. 28. .'- Bir W. Colehrooke to Mr: Fox. , ',„.„_, ^ f^tdericton, June 19, 1641. I HAVE the honour to inclose to yonr Excellency copy of two deai Siw." lAr «ddre«cd to the Secretary 'of State for thV Cott,^ tl oSn ^ '' *°^ **** wttlement of the Bonndary I have, &c., (Signed) W. M. G. COLEBROOKE. Inclosarc 19 in No. 28. Sir W. Cohhrooke to Lord John Russell. **y ^^' Fredericton, New Brunsudek, June 14, 1841. REFERRING to mv despatch dated 9th June, I have the honour w«I^^ u ^-r'H Lordsliip, that on the 10th instant, I proceeded to Woodstock with the object of mspectii,^ the site of the barracks proposed to be erected at that place, and of forming an opinion of the necessity^Dro- ceeduig with the work. ° ^ j ". yiu The township of Woodstock, which is situated on the St. John's River is the most promment settlement in that quarter, and the elevated ground U- lected for the barrack is extremely well chosen for the defence of the position *u A • •""P^'^tjnS the ground I proceeded to the frontier line opposite to the American settlement of Houlton. fi«««ic lu This «)ttlcment which is increasing rapidly, is distant about ten miles trom Woodstock, and a military post has been formed which is occupied by a body of Uio troops of the United Suites. ^ ^ The post is retired about two miles from the frontier, and is overlooked titira an rnunencc withm the British territory called Parkes' Hill Roads having been opened from Woodstock in various directions, and ext«ndmg to the frontier, several thriving settlements have been formed • and as a. doubt exists whether these settlements may not. in some cases, be found to bo beyond the Ime as recently retraced by the American surveyors, much anxiety prevails I and I regretted to understand, that the feelings of the people on botli sides ot the border had been, of late, considerably excited G. » ^nc Br"'^'^ sottlers, being aware of the influence which those of the State of Maine are able to exert upon their Government, are not disposed to rely upon the pacific disposition of those in authority ; and I confess that I am apprehensive that no adequate security at present exists for the maintenance of tranquillity. I am therefore, of opinion, that as a measure of precaution as well as o defence, the establishment of a body of regular troops at Woodstock 18 desirable; by giving confidence and a sense of security to the settlers it wUl tend to allay the excitement which at present prevails, and to prevent those movements on the part of the people of Maine, which might disturb the peace of the frontier. It is not now a question whether the valuable lands within the line should be reclaimed and settled, or left in a wilderness state with a view to defence Ihe country is now in progress of settlement on both sides of the line, and it appears to me to be of the utmost importance, that while the American poou- lation IS rapidly augmenting, the settlement of the British territory should pot be retarded. ■' The Assembly having passed a resolution in the last session to enable the Uovemment to purchase the land required for the intended barracks the tenders have been recently approved in Council ; and I beg leave to recom- mend to your Lordship Uiat the work should be oroceeded with, as «non as s» may be practicable. " , ~ ., From the various information I have recently received, I am stronriv nnprcssed with a conviction that the only practicable means, of effecting a 1 ■'ii 18B aetUement of the lonj^-pending Question of the Boundary Line, will be for the Goveminent of England and th« United States to appoint competent persons to draw a line of mutual convenience which should divide the two countries, leavinff to arbitration th« varioiu claims to pecuniary compensation arising from the surrender of lands on either side. The settlement of the Americans vpon the lands sootli of the Restock River, would render them extremely reluctant to resign any part of that valuable territory ; but I have reason to b(^m that they would at present agree to a line being drawn from the pobt where the north line crosses the Retook to the confluence either of the St. Francis, or of the Fish River with the St. John's; by such a line the British settlers on both banks of the St John's would be protected, — a measure which is very desirable, both in justice to them and in consideration of the moral effect which an abandonment of them would have within the province. It is not necessary that 1 should inform your Lordship that while the inhabit- ants of this provmce entertain a strong feeling against any concession being made to the Americans, thaw of the neighbouring States of the Union are equally strenuous in their claim to the Territory in dispute, and that their influ- ence might be eflectually exsrted in defeating the plan of the General Oo- vemment for the settlement of the boundary on any basis which would involve a ranewal of the aoestion of right By the proposed line the commanication with Quebec would al«o bo ao(>(iuateIy secured, and a better boundary lino secured than that of the river of Woodstock. I found that the Governor (rf Blaine had lefl the place but a few hours previous to my arrival, having come there ia the course of liis tour through the new settlements. From Major Ruxton, who has recently arrived at this place from Canada by the way of Boston, I learn that the question is much discussed at the present time bjr the Anwricaoi, and not always in a friendly spirit. I havOi &(£., (Signed) W. M. G. COUEBKOOKE. Inclosure 20 in No. 28. Air W. CUOrwtht h Lord Mn RundL My Lord, Qovemmtnt Home, June 18, 1841. WITH reference to ray dematch, dated June 14, recommending an •arty settlement of the Bonnclary Question by drawing a line which might be agreed upon as mutually convenient, I beg to observe that I have not failed to consider the advantages of a line of separation drawn from the due north line at Mars' Hill to the confluence of the St. Francis or Fish River vntii the St. John's. GircBmstances might at one time have induced the Americans to assent to Boch a line, and, if now attabable, it would undoubtedly be preferable to the line which I have proponed from the point where the north Ime intersects the Rcstook ; but the settlement of the lands south of that river by the people of Maine would probably lead them to oppose it, and such opposition would, as I apprehend, cflfectually prevent the Government of the United States from acceding to it. The encroachments which have taken place, and the embarrassment they have occasioned, induce me to consider that no time should be lost in eflccting snch a settlement as may now be practicable, and that would not oonipromise the just rights of the sfttlers on both banks of the St. John's River at Madawaska, vrao have a just claim to the protection of the British Ooremment. There is another question which has been mooted regarding the naviga> tioB of the St. John's by the Americans. The proj«'ct nOnded to in the Report of the British Consul in Maine, indflsed with your Lordship's despatch of the 27th of May, of cntfing a canal to nnite the waters of the Allegrwh witli those of the Penobscot, would indi- cate trirtt the Arneiicuus urc luuKiug lo other iut-uii8 ui" Irausptirliiig the lumber to tiieir marketa. m limited to that obA ^ ^de"t«Ki that the pmUege ahould be •triotlj I have, &&, (Signed) w. M. G. COLEBROOKK. Inclosnre 21 m Xo. 28. Sir W. Colebrooke to Afr. Ft». Sir, Government Houae, Fredericton, our „^^ wi j; l'zs^''r£S,Sr^"',st:ir •" «"« ^ I hare, Stc., (Signed) W. M. Q COLEBROOKE. Inclosnre 22 fa No. 28. Bir W. Cohbroohe to Lord Sydenham. My Lord, from Mr. He Uuchlan, iaSiSici^th^TSth"^^''"'"^ ' '***'^«^ »^ have'ru^eS^^^'Xes^^ ''y^r Lordship,, commnnlcations of the Warden which I Wnw.;?-' ^^ ^^tfi instant, aad the ri^ip in possession of the p"S sut^ afciriTCtr ^'^ '^■ . When I wrote to yom Lordship on the 11th rfMf/TS' • . to have proceeded at m early oeriod to M«Ha Joeb u ^^ '* ^"' ""y mention ation I ^as induced to ^T^? £S^ ,^^w * ^° *^^^ «'™d"' occur to render it necessary ; and I am rfSl^ f? circumstancs ahould sunces of our relations wifh tKmericL C -^^n."" '^"^ 'J'^^^S circnm- f^ruLp^^^r-^"-'^"--^^^"^^^^^^^ "hicli h»s bcea held by mv DredecSanr 3™ i^ ?.° «»««P™i™M M.j™,j-^Gov.™e„l, o^XS«>>« of pre- h 158 collision. In point of fact, referring to the letter of the Governor of Maine to8ir John Harvey, of the 15th of December, 1840, it is qnitc evident that lie distinctly cjaimed and asserted his intention to maintain that jnrisdictlon ; and although, in conformity to your Lordship's instnictions. Sir John Harvey informed the Warden, that " the inhabitants on both ba. ksof the Madawasita were to be protected," he did not disclaim the pretensioi's of the Americans in respect to the settlement above the Fish Riv^r; and ihat the Warden has never felt himself authorized to do any act in that quiirter which would, as he was aware, revive the question, or induce a collision. On a recent occasion of the annual assemblage of the militia, tlie Acadian and English settlers from the Upper Madawask.i turned out, whilst the French and American acttlers disregarded the summons, — a result which is the natural consequence of a disputed i.urisdictbn ; and 1 concur with Mr. Mc Lauchlan in opinion, that an attempt to levy the county rate in that quarter, while it would be resisted by some, would brirg on a collision with the authorities of the State of Maine. To be assured of this, it may be sufficient to refer to the letter of the jGbverpor of Maine above-mentioned, and to the report cf their Legislature in the month of March last, wherein it is stated, that " the territory contiguous to the mouth of the Fish River, on both sides of the St. Jolm's, is not considered in any proper sense as included in the Madawaska settlement, which is con- fined to the immediate vicinity of that river, and does not extend even to the mouth of the Merumpticook ; and although oblij^od to yield to the continu- ance of the illegal occupation at the proper original scttlenient of the Mada- waska, they cannot allow its being extended to the Fish River, or upon the south bank of the St. John's, above the western bend, up to which Mame has at least regained and made good her ground." By this assumption, so far as it has been partially acquiesced in, the interests of some of Her Majesty's subjects are involved, in the same manner tliat occurred in the case of the British settlers on the Restook in 1839 By the separate proceedings of the British and American surveyors, the questions at issue have only hitherto been further complicated ; and by the recent connexion of the north line by the American surveyors, the granfed lands of several British settlers which were considered to bo within that line, are now declared to be excluded. I adduce these facts, in order to exemplify to your Lordship the conse- quences of delay in tlie definitive settlement of the Boundary by the two Governments ; and important as may be the question as to liie preservation of a line of communication between the British provinces, it is even more import- ant as affecting the rights of Her Majesty's subjects, who claim the protection of the laws ; for u must be obvious that the consetjuences which would result either from the enforcement of the laws, or from their suspension, where the jurisdiction may be disputed, are alike serious. It is, therefore, thp* I would earnestly impress on your Lordship, that if the territorial claims of the two countries canuot be definitively adjusted, a convenient line should be drawn, which would at least define the extent of the jurisdiction of the respective Governments. By the Rei^rt or the Legislature of Maine, above referred to, it would appear that the temporary arrangement of 1839, in itaelf imperfect, was never fully recognized in that State; and that tlie reservation of the Governor of Maine, in his agreement of the 25th of Marcli, 1839, coupled with the declaration of tliat Legislature in the present year, has practically superseded it. This would undoubtedly be auoted in the event of any complaint of the infraction of the agreement by the Americans. I cannot doubt that the two Governments must be conscious of the danger of leaving an intermediate territory subject to a disputed jurisdiction, and the subjects of both under doubtful allegiance to either, the effect of which could only be to induce the settlement of such territory, which is too inviting to be neglected, by outlaws froio both countries, instead of the more respectable inhabitants of each, leading to border aggressions and to collisions which might bvolve the nations in hoetiiities. ^il' 109 ^:S^ be to e^.e the U.s reco^mng a right or prod^cLg ^'cSn '"" " '" ^^^P*^'"' f™- tt risft necef^rt f Sj SSS! ^"-^^ -'th the qnestion, to wWeh it is ^P^i%lZT.ir^ S'w^ P-vent the cuttin. of timber ,„ the com„,i3«io„ed to J^c any slh t Xr S'^J^T ''^''^ *^« WaTdi" wl The American posse was also staS £ .^\f Ik*^ ''"^ ^^ Bri««h snb"ecte Apohcations were subsequently i If hi o'** ^^^ '^""^ ostensiblo oC" -UmW which hid been .revio^usTy cm1n%fc"S ^"i!^'*'' admis^iSof and a lun.ted permission was also CTanf«d\„ f. ^""W^^^' which was allowed • cut timber in the lands occuS b? t£m n f "'T '^^ *^« ^»«daw5a to T^Toff''"'^' >''''' intrXeS^in'Ysab a^^Jl^ifr W^««n« Wg^ iSps-^, on the a;4S^Sft'"^;;etfeH Di«u«ti,S^;- tv^ottiT^^^ ^"'*"*'^^ ''f ^-ber from the •^ here is, no practicable me2o?.lS- ^-V-' '""°""^ *« '0,000 tons and and s«b«cn„enV, it i« obvShat tt SicH^ .^™^'/"f ^ thos^ Ua^^ the apparent haSyoJeSuSttTf- ''r.""^ "'»»>«•• ^^ St. John's and theregnlaUon; and L he tiXr Vi^^Ll"'^ ^f already been culled to ^en;^2^|~iSn^^^^^ the 28th instant; Jtirisdiction, I shonld see no obSon to thl^^'^' ?' ■^'T ^ ""« defining the payment of a moderate duty, it SruSelstooH 'S^f'^ °*" "'« timbe?, on 0;;-ament sho.dd have ^^rr.^^ T^t!^ ^^^ ^ ^^^^^ZZi^t^:^ilr ^"T"' -^ « P-'amation provmces subject to duty, t ha b^nS ?br 0^^ '"^'' ^'''' ^"^ timber in the be tjiken, without regard to M^n) • ^^^"^ amount of the duties si nnl.^^"'»' duties on the timS 5 the former, when m^oveKn S' bonJ/fr^V"' ^^.^T^ "'« ~''"f hereafter ,o be rendered when the KnLy 0!^°?' u f ^P^'^'« ^""d The restriction on the imDorf..H«n if- .-^ ^ucst on should be settled. S-'""'^' ^"' •'^ «^'»i-'^n i«^S^^^^ be inconvenient to the pending the negotiations. ^ ^^ ^^^ ""tish lumberers, and impolitic endef*;;JSr^^- - in tSfex^el? JfT^"^'^ ^^^"«. that I wiU guard against coUisiom on throne hand IS th! *''" '"^t. """"^^ to m?, to Her Majesty's subjects on the other ' ^^ 'compromise of the righS of ..._. i"/'°'?? this, I am unable to for^^o ,u , ... I!; m. no Ai^^h thPin Thew can be no doubt tkat, accordinir to, the Uw«of Ah ^^^ tw aik^allvwiSn iu iurWiction, and that th^ amcUMws, X of °a^h item^^ to^wnSup ou tho RcBtook being accounted for ty ^famo - ^S'coS'i^ration of tho« States, and indeed of others, i».al« "^PPW* f^orJ^ZZTLir LegiBlaUve Report, and Reaolutions in the pre«nt year. I have, &c., Oigned) W. M. G. COLEBROOKfi. IncloBurc 23 in No. 28. Mr.McLauchlantoMr.Jitade. Enttmce of tht Gramd River M'^^watka^ g. June 1 1, 1841, Fridaif, i I o'clock, MiM. I HAVE just had tho honour to receive by exproa liis Excellency the Lieutln^tSrnU d^pat^ of ^^^^^et^t ^^KS^ c!^ ^ Ss ?len:n~ri SavVSyT^y, that I si J,trictly act up to the. u. every '^^'" (SiJd; *''' *" J.' A. Mc LAUCHLAN, Warden. P.S.-Your two letter, bearing date the 2nd mstant I had the honour to receive the 8th instant. IncloBurc 24 in No, 28. Mr. McLaucklan to Sir W. CoUbrookf. May it please your Excellency, Moaawa, , WITH reference to my commuiucation to your ExceUency of the 4th 't:^SXl^rU.':.J.:Z^^^^^ ^pr^^ ■- ^^adawaaUa I stated, for your Excellency's «^""nat^. . ^^^f JJJ^J^^ ^ Uiat post at of Maine and Massachusetts had passed ^'^''^f 't'' ^^^^^ the intention m^ cae juriadicdon above their block-house, it would not only be resisted, but a nuutarv force sent to occupy that section of the country te I hare therefore Jhought it advisable to address the assessors on the sub- it, a copy of which I beg to transmit to vour Excellency; and as Her e^Jf Attorney-General requires my attendance at the Supreme Co,irt at Fwd^rlcton next week. I ahaft then have the honour of bringing the subject again ^perwnaUy before your ExceUency. But, in the mean time, I havi to ffi**E^{!^'S^'"''yS'''*r^f '"''"' ^'" ^ "^de in the settlement imtil the plessnre of your ExceUency be known. I have, &c., (Signed) J. A. Mc LAUCHLAN. Inclosure 25 in No. 28. Mr. MeLaucMan to the Attestors of Madawaaka Omnty and Parish Ratet. ^^°*i".x^; . Madawaska. June 19, mi. hINCE addressmg you by dcr?rc of his Excellency the Lieutenant- Uovomor, on the 1 th instant, circumstances have transpired which induce me to beheve, should any assessment be made by you on the inhabitants of Madawaaka residmg above the American armed posse at the F'sh River must Ik!: f .? serious misurderstanding between Her Majesty's Government and tnat of the United States. I have therefore to request that you will, for the present, defer makine any a»e«ments m that part of the settlement, until I am again affordeS ExcEr™ brmgmg the subject under the consideration of hi« I have, &c., (Signed) J. A. Mc LAUCHLAN, Warden of the Disputed Territory. No. 28. Mr. Pb« to Vitemmt Pahnertton.— {Received August 29.) Washington, August 11, 1841. •' * rrumnmyum, August 11, 1041. SINCE writing my despatch of the 8th instant, I have received th* ^T?i.'*?P^f'* "?" ^°^ Sydenham, in reply to the oommuaicatioa which 1 had addressed to his ExceUency upon the present state of the nego- faation for regulating the provisional custody and occupation of the Disputed I have, &c., (Signed) H. S. FOX. !l Yt Itt Inckware in No. 29. "' Lord Sj/dtnham to Mr. Pox. Oovemment Hmue, KingitM, (bxtract,). Augvita, 1841. MR, MOORE tniDiUTiittcd to me ycatcrday, by a gpccial mcsgenircr, your desimtth of the 27Ui of Jiilv. » » j , I hear with pleasure that tlic Government of tho United States have at Iciiffth resumed the consideration of the best means for maintaining tran- quiUity and preventing further encroachments in tlic Disputed Territory |)ending the adjustment of the question of sovereignty, and that the propriety of effecting that object, through a force imder the control of, and responsible to, the Central Government on either side, to the exclusion of the civil posse, has been admitted by the Secretary of State. But tho satisfaction wliicli I should otherwise feel, is greatly diminished by tho statement of the ternis upon which, as it ap^Msars from your despatch, and from the projct of a note inclosed In it, Mr. Webster proiwses to effect such an arrangement, wliich are such as I should neither feel authorized by my instructions to sanction, nor indeed could recommend Her Majesty's Government to agree to. Mr. Webster's proposal goes ;iot merely to the retention by the United States of the bloci<-hou8e at the month of the Fish River, and the establish- ment there of a military force in the place of the civil posse at present in occupation of that post, but to confine the occupation of the Territory in dispute by Her Majesty's forces to the north banii of the St. John's, thereby virtually excluding them from affording protection, if required, to Her Majesty's subjects on the soutli banit of that river, on which, as you have justly stated, a la-?;o population is extended, whose claims for such protection could not be overloolied or neglected. Such a proposition I consider wholly inadmissible. The Madawasiia settlement, as you are aware, extends along both banks of the river ; and it would be impossible to refuse to Her Majesty's subjects, whether resident on the one or tho other bank, tliat protection to which they arc justly entitled, or to abandon that jurisdiction whirh has been uninterruptedly exercised evei" since Canada became part of the British Empire. The trooiw are, it is true, now stationed on the north bank of the river, and will probably remain so ; but the moral protection wliich Mr. Webster professes to tliink would still be afforded by their presence tlirre, wotild im- doubtedly fail, if such an arrangement, which is one adopted i.' present purely with a view to the convenience of lodging the troops, were made obligatory, and it could be inferred tliat they were debarred from that active intcrjKMition which they are now directed to afford, in case of need, to the inhabitants resident on the one bank as well as on the other. No security whatever" could be given, that any attemptecl exercise of jurisdiction by the State of Maine within that settlement on thv >uth bank of the river, against which we have always protested, and which Her Majesty's civil servants have been instructed to resist by force, if necessary, would be prevented ; and it is most improbable that such would be the case, if the duty of jircvcntion were aban- doned to tlie United States' Authorities, however well disposed they might be to perform it. If, therefore, this condition be considered indispensable by Mr. Webster, an arrangement becomes quite impossible ; and I mtist also add. (hat the pretension on his part appears perfectly unjustifiable, for it exceeds any which has hitherto been seriously advanced, even by the State of Maine itself. TTie arrangement made between Sir John Harvey and the Government of Maine, and confirmed by General Scott, as is correctly stated in the draft of your note, which yon have been good enough to transmit, limited the temporary jurisdiction of each party, on the one side, to the valley of the Restook, and on the other, to that of tho St. John's ; and although the block- house at the mouth of the Fish River was most imnrpnerlv. and in i\iri>ft cnrtody of thjs territory from STolSS-cS'rortJe'o'^''^ '"^"" '^'"^^"^h^ I «» no p<««ihility of admitting thia ne w Stion L^TfT'!!''}^ °^ M«lnc, .ro^op^ait~ with Sir John ftarvcy's agrement nTmcll^L 1^'''''. T '" "^«°«Jance the one hand, and that of tSo rSic ^ * IVn 5 """""^ f ^^"^ «*• John's on to agree to the occupaUon of F^tZ k! T"!' ""'^ ^ "''""'^ ^ disposed cpn^ding to them the cxerci (J i,S,VH^ *'"' ^'^P" '''^ ^''^ United StS Hver above the Fl.h RCrutfei?j!?rr thT^wT^^^^^^^^ ^ "'^ No. 30. Viscount Palmeratm to Mr. Fiue. Sir, I HAVE to acknovvlod^P th^ ^ f'»''*9n Office, yfugust 31, I8il. 8th and l,th instant inS|%*iTvlr°'^^^^^ ^T"'"'''^ '' *»>« Sydenham, and of the papers thereiS?ofr J. correspondence with Lord o/your negotiation with' Z GovoSenf rf IVS If. ? "'^ P"^^"' «*^^ conerh; ojlr'^it ild '^Z'C that S't ",7 ^^^^ Government agree to any arrangement which shonW n~ i 7 u'*^ ??* *^ "^''^ ««• ^^^ to moving, if iiecessary, into hat part of tS^^^^^^ Her Majesty's troops from south of the river ; but Her M^tvt r„ '''^ ""^ ^^^ **• '^"''n ^^WcJ» Hes would be highly inexiiedicnttJrS!?"'^^''"'"®"' "« of opinion, that it States' t: oops sl4l"^Srmtted^^^^^^^^^ ^° arrangement b/which Unked £ occupy a?, nosition iffi^i^^f t ^t ToL"' ^ST'^'' Governmont! bciwcen Sir John Harvey and General Srot? V ^ », , '^'^"'^'^t made as It is clear; and you ai instruS t<^3Lr„^1^^^^^ '^"''' «"^ '« «« f^'' leaves the Americans in occupaS of^tho vXv J .h Y™"^""^'"*' ^^'''^^ boundary between^th^^sVr ^al^ l^SylX™^^^ ^^«"*"^ ^«, I am, &c., (Signed) PALMERSTON. No. 31. ^^- f^^ to Fiscount Palmerston.-^Received October I.) (Extract.) amended arraneemenT fnr i^ ^* ^' V?"" ^'''^ ™^j«^ of » proposed Disputed ToSnif /?:LA'''; provwonal custody and^ occuoation oH^ exclusion of ihe-a^iiedfcrvTiS^y&S^taJ^'JfSSe^^^ to th^ I have not fbniul H powtble to ronclndr iiny intipfactory afnvfiment wl& the United Statet' Govimmenl upon Ww general pi ov wiovi*, Ukin toKither, ot tha araendod arrangement dealn'd by Hor Mrtjetty's Authorities. Tho only meaaiire at pr«k«nt adopted by the United States' Goveminint, will be th« ■ubaUtutioD of two oorouanicg of UnlUid Stati ■' reRular trtKips, in the nlace ot tho armed civil ixme of tho SUU> of Maine, at the l>vo iKilH occupied by ttoj Americans in thr *'" vod Territory. I eorwider thnl llit» rhangi will b© ot rreat advant i view to tho i>reservation of i)eacc on tho border for the J— .1 view aluo to the nafe and prompt delivery of the terriUirv li tli- o...^^. litlo thereto nhall be eventuaUy egtabliah;!!!. Attha ■amc time 1 have jlote^ to Mr. Webater, in my ofli'- I letter herewith mcloaed, dated tt,c dtJi instant, that 1 am not prej»ucd to anv .liat view Her Majesty a Government will take of tho movement of the United States' troops, ailopted, as it now u,, asasi'paruto measure, without refereute to lliose other proviaiona, of an amended arnmRement, which were proposed by the Brilish dovernraent, and without reference, either, t. iV. v, ^.grounded and reiterated remou- •trances ofHerMajc8ty'8Au.>iitie»ag;aino, the . stnblishraont of the Amorl- can poet called Fort Jarvis, at the mouth of Fish River. _ Iliad reason to complain of the conduct of the American Government m prematurely ordering Uie two companies of regular troops to be moved into Uie Disputed Territory, ixmdinp; the nepotiation of the other parts ot the ptY)iKiWKl arrangement. Mr. W^bator, it will b«) 8e«>n, has given some expla. nation of the matlor in his letter lo mo, herewith inclusid, of the Uli instant. I am persuaded that the equivocal conduct of tho (Jovernmeiil in this j)artKular has not been owing to intentional bad faitli, but to the state of discord and disorganizution of the public dei>artmcnts at Waaliingtou during the present political and ministerial crisis. . rxr-^jt I Icam from reports in the newspapers, that the two companies of United States' troops, appoinU-d to occupy tlic pt«U on the Aroostook and at 1< isli River, left the American station of Houlton, in Maine, for their new destina- tion on the 3lBt of 'ast month. The orders, therefore, which, m consequence of my comraunicaUons with Mr. Webster, were dispatched fn.m hence on the 2nd instant, to sui^nd the movement, will, as I apprehended, have arrived too late. „ I should be in daily expectation of receiving further communications tVom Lord Sydenham upon the subjects tn ated of in this despatch, if it were not for the very severe accident whicli I lament to hear his Lordahip has suffered by a fall from hiH horse. Inclosuro 1 in No. 31. Mr. Webttrr to Mr. Fo*. Department of State, Washington, gj, September 4, 1841. I HAVE laid before the President the communication which you did me the honour to place in my hands a few days since. He directs me to say to you that he thinks there mu.st be soaie misapprehension o»e, for tlio purpose of entering uixm a formal neKOtlni ,ii for a convention on the mihject, but for that o»*^Hlating frankly, and in the most trjimdly manner, the Pnsidcnt's opinion as to what was the best mode to be adopted by him, and suggesting to the British Oovemm.'iit what occ«rr*'d to him an worthy of lU consideration as measures having tlie same general You expressed the opinion that the British Obvemment In Canada mlffht see objections to a part of what the President proposed to do; but under Ujo nnpression that kith parties were agreed in the »;xpeiUency of substituting aa soon as possible, a regular force for the armed posse now m possession- and considering the advanced statu of the season, it wsis thought necessary at tjie Department of War. not to delay the movement of the two companies, rhere was no purpose in this, of acting suddenly or prematurely, or durine the pendency of ajiy negotiations upon tho subject. For, as I have already stated, my informal communication to you was not intended aa the commence- ""k^V^u'* 'i!;*^"^'" "^'gotiation, but only as friencUy information of tho steps which the President thought proper to take, and a suggestion of what might be considcrctl as proper on the side of the British Authorities as concurrent measures. It may bu proper to observe here, that orders were given from the War Department tor one of the field officers at Houlton to proceed with those companies; and as he would natiu-ally meet with the commanders of the British imls, to explain to them, so far as necessary, the object of tho movement. "^ ■' • "«» .1. T.^'i •""'? ^''V c (Signed) DANIEL WEBSTER. i ■ A i Incloturo 2 in No. 31. Mr. Fo* to Mr. Webster. *■' Washington, 8*plimtber d, IR41. .,, .' HAVK the honour to acknowlwljfo the mcipl of your htter of tlu' 4tli instant, iq^n tho 8ubj«Tt of the movrmtnt of two conipunk-s of Uiiitwl Mates rcgtilar tnK>im t.) certain poata in llio Diauiited Territory, in the i)laee of the arnuMl civil poMo of the State of Maine now stationed there. 1 shall lone no lime in forwarding your «omnmni(ation to Her Majesty's Uovcrnmpnt in Endnnd, and to Iiis Excelleney llie (lov.riior-deneral of Bntwh North America. Her Majesty's Authorities, I am iwrsuaded, will concur witli rao in duly appreciating the friendly intentions of th«! President, a-s well as the concilia- tory form m which you have conveyed to me his views and your own uiwn tins occasion. I am Ukewise sensible of the advantages that may Ix) expected to result from the employment, uiwn the service in (|ue8tion, (»f a detutlunent ot regular trooi*, resiHjnsihle to the Oeneral Government alone, instead of an irregular armed force umler the orders of a State Government, of whose con- duct Her Majesty's Authorities have had the stmngest reastin to complain, rho change_will, it is to Ik« hoin-d, conduce to the mainl^inance of peace uiM»n the tjorder for the present, and will also eventually secure the safe and prompt delivery of tho territory to whichever party shall establish its rightful title thereto. At the same time, I am not prepared to say what view Her Majesty's (lovemmcnl will take of this movement of the United States' tn^ini adopted as a separate measure, without reference to thos«) other provisions of an amended arrangement for the provisional eustocly and occupation of the Dia- puted Territory, which, in pursuance of my instructions, 1 had proixwcd to the United .States' Government, in communication.s heretofore addn>8sed both to Mr. Forsyth and to yourself, -ami without reference, either, to the well- grounded and reiterated remonstrances of the Britisli Authorities against the establishment of tlie American post at Fish River. With regard to the suggestion of adopting the channel of the River St. John as a temi)orary Iwundary lx'tw«-en th(! two pariies, I must at once state tliHt Her Majesty's Authorities can, under no circumstances, con.-.ent to relin- quish the exercise of British juri.«diction through the Madawaska settleKients which extend along ihe south bank, as well as along the north bank of the St. John 8 ; and that the right will Im> reserved of provisionally stationing a forceofBntish tr(x>p8inany part of tluw*' settlements, cither scmfh or north of the St. John's, where it may be found necessary fi)r the due protection of the inhabitants. Tliere seems no reason, however, to fear that this should lead to collision between the troops of the two nations, if the orders which you inform me are to be furnished to the United States' Commanding Officers arc as 1 have no doubt they will be, carefully ol)eyed. ' I avail myself, &c. (Signed) H. S. FOX. fl'A,- 167 No. S2. Mr. Faa to the Earl of Aberdien.—(Reetived October .30.) My Lord, nr !• . ^ tytuhmgion. Ortoher P 184!- Mr. W.l^tor u,Hm .ho Hul.jort. | f.,,,,,,! hi,,, ontiroly u,,u,,,»ni , S with ,h2 o^n-'nT":!"' ""•^"""•"'^. "♦■.^''" 'wo (Jovorumenu in that uSat£^^^^^^^ ^nymently ,.,,^,n.,,are,l with a d,.(init.. a.uiwcr to the im,, J cScS dZL^h T; ""iT'';'"' '" "'*''^'' '^ '>"raft .?f Convention ohZlo hZ I hnn .1? ^ •'"*' '■*'«"'•'"''<' 'n ^^>«»acIln.H«;tta, wiiero he i.s now stayinjr li be Te.,r l" ,'"' '■""'■" I" WashinKton in thJ conrne of next mo3 ho w rh ,armdvm,Tw''KV"'*'7''''^^ '•'™" "'-'^■'•'«' conve.-saUons wmin I na\( i,a