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Un des symboles suivants apparaltra sur la derniire image de chnque microfiche, selon le cas: le symbols — ► signifie "A SUiVRE", le symbols ▼ signifie "FIN". Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent Atre filmte A des taux de reduction diff^rents. Lorsque le document est trop grand pour Atre reproduit en un seul clichA, 11 est film* 6 partir de I'angle sup6rieur gauche, de gauche A droite, et de haut en bas, en prenant le nombre d'images nAcessaire. Les diagrammes suivants illustrent la mAthode. 1 2 3 1 2 3 4 5 6 NORTH AMERICAN BOUNDARY. ..^ PART I. CORRESPONDENCE SKLATINO TO THE BOUNDARY BETWEEN THE BRITISH POSSESSIONS IN NORTH AMERICA AND THE UNITED STATES OF AMERICA, UNDER TUB TREATY OF 1783. Presented to both Houses of Parliament hy Command of Her Majesty. July, 1840. LONDON: PBINTBO BY T. H. HABRISON. \- '^ w ! LIST OF PAPERS No. 1. 3. S. I: Mr. Fox to Viwjount Palmenton ' WM».i»-.n» r- k ^*^ 8. Mr. Forsyth to Mr. #ox wllh^n' P S"^ 'S' "* 4. Mr.For.fU.toMr.Fox w3^n' p'k'""^ 2' * Mr. Fox to Viscount PaImer.ton.. W^h^' M ™"^ 5' ^ iDcIorore.. Wwhington, May 4, n I.Mr. Forsyth to Mr. Fox W«hington, April 27 12 2. Governor Kent's Message to the Maine ^ ' *' Legislature mu «. ResolTes of flie State of Mainoiil" relation M. -r- 18 to the North-eailem Boundarr ... M.^h m M.Pc'.-.VilSiiS.::- ■• SSfc ^ ,1:= " Indosures. Washington, February 23, 1 839. 18 General Sir John Harvey Woodainrk V„^^,^,.^ i n M,£»%,:ir.ai-r.;::;:::::::::: Sa£; Es? ^S i 4.Mr.FoxtosirJoh„Harvey :::::::::::: SnK ItZZll'ZzH 5. Message of the President of the United " reDruary .^7, 27 Inclosurra". Washington. February 26, 28 fl. The Governor of Maine to the Presi- dent of the United States Aumiila V^h^,.^, i o 7. Message of the Governor of Maine t; ^ ' ^'^""^ '^' ^1 the Senate and Houe of Repreim- 8.Rel^fvrofiheLegisl-at'are-ofM.in;::: '^"«"'"'' fi^ H' — ^l 9. Message of the Governor of Maine to '^ ^^' ^^ the House of Representatives P-1wn.«, i« o^ 10. Resolve of the Legislature of Maine. . . V^^ }«' li n. Message of the^vemor of Maine ti *''™^ '"' ^ 12. Re,rVrhfl!SiX^Main;:: ^"<^*'' S;:*^ ,«' — 35 i\%^rsrtX'-sr;ior--of ^'^'''^*- •'^^""^ "'= 3« 15.The^Go:e™or-of-Mkine"toth;Pre.i. ^•^''"'=«°»' F''»'"«'y 13.— 38 16.ThrG^feS:r"o11i2rto-Sir-iohn ^"^^ ^^""^ '' 39 I7.Re2lv""i^\heLe^;ktureofMaine-:: ""•*"'*" £& j^' ZI f^ 18. The Secretary of State to the Governor *e«>mary 18, 40 10 Mr° P^'l" m' • r "li.' Washington, February 26, 41 19. Mr. Fox to Mr. Forsyth Washington, FebmarV 23 42 20. Mr. Forsyth to Mr. ^ox WasHn|ton Febm^ 25 42 21. Mr. Fox to Mr. Forsyth Washiniton, Februm 25 42 22. Message of the Governor of Maine to ""ruary ^o, 4^ the House of Representatives Fubnmr., 01 ^n 21 Sir John Harvey to the Governor of ^ ^^' *^ 24.SirSHa;;;y-t;Mes;„;Mcintire, ^''"^''^'"^' ^^'"""^ ''• ~ " 25. Thftr^o?";ftreririohn ''-'"'''''" ^^'"^^ •« — ^^ 26.Mr^t7^t„M;.-ia;^;::.\\\\\\\\\-A,1^aRiver.S& v.'— 'A 2tE;t™Trf'CnVi:andAgenrof^''^''"^«'^"'^^^^^^ i^' ~ ^» Maine 1 29. Report of Colonel Webster to'thViklid "^ ' '*" AgentofMwne Qrono, May 7, 18S8 48 I LIST OF PAPERS. No. i, Indoiurei. 30. Mesuge of the Prnident of the United Statei to the Houie of RepreiantativM Waihington, February 27, 31. The Governor of Maine to the Preii- dent of the United SUtet AugusU, Februarr 22. 32. Sir John Harvey to the Governor of „„ „,M«|ne Frederioton, February 18, 33. The bovemor of Maine to Sir John .A ^ "T'.^. •••;.•••• •. Auguita, February 21, 84. The Solicitor-General of New Druni- ' wick to the officer in command of «. _ ""« I>'»P''te<' Tefritory Frederioton, February 17, 35. The Land Agent of Maine to the Soli- citor-General of New DruDiwick . . Confluence of the St. Croix, FcbriuuTT 1 9 36. Sir John Harvey to Mesars. Mc Intire, ' Cushman, Bartlett and Webater Fredericton, February 18. ■ 37. Meuage of the Governor of Maine to the Houae of Representative! February 21 • 38 Memorandum Waahington, Februair 27! 39. Kcaolutions of the Senate of the United ^„ „ '"''** February 28, > 40. Report of the Houae of Repreaentatives 41. Law for the defence of the United . States March 3 6. Viacount Palmcraton to Mr. Fox Foreign Oflice, April 6.' ■ 7. Viacount Palmerston to Mr. Fox Foreign Office. April 6 • Inclosurea. ' ' 1. Mr. Stevenson to Viacount Palmerston . . Portland PUce, March 30, ■ 2. Viscount Palmerston to Mr. Stevenson . . Foreign Office, April 3 . o „. ^' ^r Stevenson to Viacount Palmerston . . Portland Place, April 4' - 8. Viacount Palmerston to Mr. Fox Foreign Office, April 6 . Inclosure. o . r , » ,.. !• Vi«count Palmerston to Mr. Stevenson .. Stanhope Street, April 3,. 9. Viacount Palmerston to Mr. Fox Foreign Office, April 6 . Inclosure. "^ ' 1. Draft of Convention between Great Britain and the United States of America .... 10. Mr. Fox to Viacount Palmerston Washington, March 10. - Inclosure. ' 1 . Remarks of Mr. Diddle on the subject of the North-Eastcm Boundary March 1 - 11. Mr. Fox to Viacount Palmeraton Washington, March 1 7! - 12. Mr. Fox to Viscount Palmerston Washington, March 23 - Inclosures. ' 1. Major-General Sir John Harvey to Mr. Fox Fredericton, March 6, - 2. Major-General Sir John Harvey to the Governor of Maine ,.... Fredericton, March 7, - 3. Resolution of a Committee of the Legisla- lature of the State of Maine March 15 - 13. Mr. Fox to Viacount Palmeraton Waahington, March 31.' - 14. Viacount Palmerston to Mr. Fox Foreign Office, May 1 - 15. Mr. Fox to Viscount Palmerston Waahington, April 20. - Inclosures. ' 1. Major-General Scott to Major-General Sir « ,,'?'''"^"""fy„ Augusta, March 21,- 2. Major-General Scott to the Hon. J. R. o »» ?"'""«" • • ; Augusta, March 26, - 3. Major-General ^lr John Harvey to Major- ,c M r . v""*™'^'"" Fredericton, March 23,- 16. Mr. Fox to Viscount Palmerston. Washington, May 16 - 1 7. Mr. Fox to Viscount Palmeraton Washington. May 16 — Incloaurea. ' 1. Mr. Fox to Mr. Forsyth Washington, May 10, _ ^' }?' ^°"y* to Mr. Fox Washington, May 15. - 18. Viscount Palmerston to Mr. Fox Foreign Office, July 9 — Inclosure. ' ' 1. Viscount Palmerston to Colonel Mudge and ,„ ., X. Mr. Feathersfonhaugh Foreign Office, July. 9, — 19. Mr. Fox to Viscount Palmerston Washington, July 4 _, 20. Mr. Fox to Viscount Palmeraton Washington. July 30* — Inclosures. ' 1. Mr. Fox to Aaron Vail. Esq Washington, July 30, — „, „ 2. Viscount Palmerston to Mr. Fox Foreign Office, July 9, — 21. Mr. Fox to Viscount Piflmerston Washington, Auiust 4. — Inclosures. 1. Mr. Forsyth to Mr. Fox Albany, July 29, — 2. Mr. Forsyth to Mr. Fox Albany, July 29,— 3. Counter-Project of Convention between 'freat BHtain uud llic United States of America a Page 1839 51 61 51 52 52 52 52 52 53 53 54 58 59 6a 60 62 63 64 65 66 67 71 71 77 78 73 79 79 79 80 80* 81 83 83 83 83 84 84 85 87 87 88 87 88 88 88 89 m * UST OF PAPERS. No. 23. Vi«coimt Polnior»ton to Afr. Fox. . . . Pnrmi„r, nm-.. rv.«i. i • i .»« ?T "^"truir""*'"'"'^'-'"" •••■•••■■■" ssK.'S'oi'i 'j!!i»' ji 1. Mi'nioraniium for the Wtrdrn of the Dii- Tnclo" u!I" '" '" ■ •■'"' '""'Bn Office, Nov^uber 2. 96 1. Colonel Miiil)^ and Mr. Fcatheritonhaugh 25 M, F„r .„ v" ^"Tp','*'''T'""' Ori-«tFalI., September 4 96 InrJoM,!^ Palu.or.ton Wa.hingto„. September 25, 96 2G.Cclo„!.iMuWM!:FScrVtonb '^'"'""^''"' ^"B"" ''' — «« 27.Mr^^^;.-i..„e„.o„;:::::;:;::::;:: S2^:^„„, S::SL?i=:^S Llo.ule.""' '""'""'" ••••••• W"»''"(?»''". J'""""y »: 1840, Z 1. Extract from the Meiiagc of Iho Preiidrnt of the United Statcn to both Homes of a. E.?ZrflL the Me.sa„e of Govemor ^""'^' '' ''''' '"^ Fairfield, to both branches of the Legis- lature of Maine I.n...™ IDJn in. 3.Mr,For.ythtoMrFox ;: Washington, SXr 24! sS 05 4. Major.GoneralSirJohnH«^eytoMr.Fox Fredericton. December 19 07 6. The Governor of Maine to Major-General Sir John Harvey Saco. December 12, 107 6. Major-General Sir John Harvey to the 00 V » p.!^*"'".""".' of Maine Fredericton, December 19, 108 1. J.Stephen, E.q.. to J. Backhouse. Esq. . . Downing Street,Febnury 15, 109 2. Lieutenant-General Sir K.Jackson to Lord j > iw 3. ExtSKVMcssageof^ **°"*"'"' •'"""y 16. _ 109 ''°' ^ hlctu^^''*'""^^^ Washington, idTrT H,' ~ !n 1- M '• v" '."K?''-J"'".'y"' Washington, January 12 113 2. Mr. Hrsyth to Mr. 1-ox Washington, Januaii 16 14 3. Mr. Pox to Mr. I'orsyth Washington. January 2G 16 t m'' r°"-'' 1' " «■■• r" Washington, January 28 7 5. Mr^ Forsyth to Mr. I-ox ..... . . Washington. I^bruary 26 18 6. Deposition of Mr. Varniim in relation to the j > " movements of Rritish Troops within the _ Disputed Territory Augusta, February 11, U9 7. Deposition of Mr. Mark Little Bangor, FebruarV UU 19 8. Deposition of Mr. Thomas Uartlett Penobscot, Febrmn 10 ion ,0 i7" '■'r?- '.W '°r-''''- '''"' y<.- ■■ Waahi-gto., M^ I —- m 0. Keport to the Governor of Maine Augusta, February 27, 122 . • II'- i"" '" ?/'• ''""y''' Washington. March 7 123 2. Mr. Pox to Mr. 1-orsyth Washington. March 13. I04 13. Message from the President of the United 1 '^'"l?" ■ ^' ■ ■ ".; L ■,;■•.• ; Washington, January 22. 1 25 14. Mr. I'orsyth to the President of the j . i^j , - M H?'"^"' *'"'*""■ ;;■•;. Washington, January 22, 1 25 ,). Mr. {.tevenson to Mr. I'orsyth London, Al»v 5, 1«38 I2(! 16. \ iscount K-iImerston to Mr. Stevenson Foreign Office, April IG, Pk 17. Mr. Stevenson to Viscount Palmerston Portland I'lace, April 21* 126 1 n » ■■■ H'**"'""" "> ^Ir l"°".Vtl> London, March 6,' 1 26 19. .Mr. Stevenson to Vi.g 20. Mr. Stevenson to Mr. Forsyth London, March 26, 127 il. Viscount Palmerston to .Mr. Stevenson Foreign Office, .Mar-h 12 127 22. Mr. Stevenson to Visrount Palmerston Portland Place, .March 20* 127 2.1. Mr. Forsvth to Mr. Stcyensoo Washington, March C,' 1 8.)9 127 24. Mr. .Stevenson to .Mr. I'orsyth London, April 5 12s 25. .Mr. Stevenson to Viscount Palmei-stoh Portland Place, March 3o' 131 2C. Viscount Palmerston to Mr. Stevenson Foreign Office, April ;)' 131 27. Mr. Stevenson to Viscount Palmerston London, April 4' I'li 28. The (lovernor of Maine to the Prcsi- ' 0., ^, '^"" "^ 'l'" F"'r^^ ^'*'''' Augusta, February 27, 131 2y. Message of the Governor of Maine '' „. „'°w"''**r'"''* ".■°*' "•"'"■'''"'""'*'"■' January 23, 131 30. Mr. Hamlin to the Govemor and Council of Maine Augusta, January 22 1-ta 31. Mr. Hamlin and Mr. Coffin to Mr. .'an.iary ^^, ij2 ""'■'""°'''' • Ringor, December 14, 1838 182 LIST OF PAPEftS. I Ko. 80 Inclomrci. p_, 3a. Mr. Duckmors to Mr. Htailia AugiuU, January 39, 1890 18} 33. ReiolTB of the Legitlatarc of Maine. . Jaauary 91, — I84 34. Meitage of the Governor of Maine to the House of llopreaentativef . . . February fS, Iflj 35. Uciolve of the Legiilature of Maine. . February Id, ——. \$4 30. Initructioni from ihe Governor of Maine to Mr. Itogera AuguiU, February IS, —— 184 37. Oorernor Fairfield to Sir John Harvey Augusta, February Ifl, — |8tf 38. Initructioni tram the Governor of Maine to Mr. Jarvii Auguita, February 13, 135 39. Moiiagc of the Governor of Maine . . Auguita, February |8, — — ' 130 40. Sir John tiarvcy to the Governor of ^*»'"'' Fredcricton, February 13, — 1,10 41. Proclamation by Sir John Harvey . . . Fredericton, February 13, .— |S6 43. Iteiolvea of the Legiilatiirc of .Maine. February 90 39,— — 130 43. Order of tlie Mouse uf Itvpresontativci of*^"''"' February 18, 130 44. Order of the House of Representatives of Maine February 90, -^ 130 45. Message of the Governor of Maine to the House of Keprewntatives .... February 30 ^^ 137 46. Governor Fairfield to Sir John Harvey Augusta, February Ip' |fl7 47. Meisage of the_ Governor of Maine to the House of Rcprearntalives .. February 91,— 137 48 Sir John Harvey to Governor Fairfield Fredericton, February m, 137 49. Sir John Harvey to Messrs. Mc Intire, Cushman, llartlett and Webster. . . Fredericton, February 18, 137 50. Governor Fairfield to Sir John Harvey Augusta, February 9|, — . I37 61. Mr. Street to Mr. Jarvis Mouth of the Aroostook, February 1 7, — 1 38 62. Mr. Jarvis to Mr. Street Aroostook River, February 19, 138 53. The Governor of Maine to the Pre- sident of the United Sutes Augusta, February 18, — 138 54. The Governor of Maine to the Presi- dent of the United States Augusta, February 19, — — 138 55. The Governor of Maine to the Presi- dent of the United States Augusta, February 99. ^— 138 66. The Clerk of the House of Represen- ' tatives of Maine to the President of the United Sutes Auguita, March 93, 13H 57. Resolve of the State of Matoe March 99, — — 130 58. The Secretary of the United States to the Governor of Maine Washington, April 9, 130 59. The Secretary of State of the United States to the Governor of Maine. . Washington, April 4, —— 130 60. The Acting Secretary of State to the Governor of Maine November 0, 130 61. The Governor of Maine to the Acting Secretary of State Saeo, November 91, — — 140 62. The Governor of Maine to the Presi- dent of the United States Augusta, December 33, — 143 fl3. The Governor of Maine to Sir John Harvey Saco, December 13, ■ 144 64. Sir John Harvey to the Governor of Maine Fredericton, December 19, — ^ 144 65. Mr. Forsyth to the Governor of Maine Washington, January 3, 1 840 144 66. Mr. Fox to the Acting Secretary of State Washington, July 30, 1830 145 67. Viscount Palmcnton to Mr, Fox Foreign OAcc, July 9, — 145 68. The Acting Secretary of StaletoMr. Fox Washington, August 19, — 145 69. Mr. Fox to Mr. Forsyth Washington, November 9, — - 145 70. Mr. Forsyth to Mr. Fox Washington, Dfcenibcr 24, 146 71. Mr. Fox to Mr. Forsyth Washington, January 19,1840 140 72. Mr. Forsyth to Mr. Fox Washington, January lO, — — 140 73. Mr. Poinsett to the President of the United States Washington, January 23, 140 74. Message of the President of the United States Washington, January 29, 140 75. Mr. Fox to Mr. Forsyth Washington, January 20, — — 147 76. Mr. Forsyth to Mr. Fox Washington, January 28, 147 77. Message of the President of the United States Washington, March 0, — 147 78. The Governor of Maine to the Presi- dent of the United States Augusta, Frbniary 16, — — 147 79. Report to the Governor of Maine Augusta, February 27, —■ 148 80. Resolutions of the Legislature of Maine upon the Question of the Boundary. . March 5, — — 148 31. Viscount Palmerston to Mr. Fox Foreign Office, April 14, — 140 32. Mr. Fox to Viscount Palmerston Washington, March 30, •—— 140 Inclosures. 1. Mr. Forsyth to Mr. Fox Washington, March 25, ■ 161 2. Mr. Fos to Mr. Forsyth Washington, Marrh 2«, — — 154 • un or PAPERS. m. • M. Jlicount P>lmen 839 • 61 Inelowres. * Fredencton, February 26, 162 o* JJ'"'aJ^"'°''?'°^P*^®Tryoii .... Portland, Februarv 18 i«o 8- Mr. Sherwood to Captain S. Trvon Pn^Un? "Druary 18, 162 8. Sir John Harvey to Lord GleJi^ ...?■■'• Kriln m^'T^ i2' '^^ Indoaure*. * Iredencton, March 23, 163 1. General Scott to Sir J. Harder Anmuti,. itr „i. ^. 2. General Scott to Sir J. Harv« aS^ M^^t 2J' '" 4. Sir John Harvey to Lord GleneJ*^ p^^' JJ"^ "1, 165 Inclosures. ' ™ ^»M>«ig Fr^lancton, March 27, 166 5. neMarquiBofNomunbytoSir JohSflSS;:;.-; Dffi?St«^lf Te', = ISJ CORRESPONDENCE RILATIKO TO THI NORTH AMERICAN BOUNDARY. In continuation of the Corretpondenee presented to both Houtei of Parliament, iy Command of Her Majeity, in 1838. No. 1. Mr. Fox to Viscount Palmerston. — (Received March 8, 1838.) (Extract.) Washington, Felruary 13, 1838. IT is probable that some weeks will elapse before a definitive answer is returned by the United States Government, to the official communication upon the question of the north-eastern Boundary, which I addressed to the Secretary of State, in conformity with the instructions contained in your Lordship's despatch of the 19th of November, 1837. Consultation and correspondence willbe held between the Federal Government and the State Government of Maine, before a final decision can be taken by the President, upon the offer ■ubmitted to him by Her Majesty's Government. Mr. Forsyth has, in the mean time, addressed to me two papers upon certain points of the question adverted to in the notes, which by your Lordship's orders I presented to him. I shall have the honour to transmit copies of these papers to your Lordship by the Messenger Kraus, whom I propose to dispatch to England at the latter end of this month. No. 2. Mr. Fox to Viscount PtUmerston. — (Received May 16, 1838.) (Extract.) Washington, April 5, 1838. THE United States Secretary of State has not yet addressed to me any definite reply to the official note, which, in pursuance of your Lordship's instructions, I presented to him on the 10th of January last, upon the question of the north-eastern Boundarr. The delay is occasioned by the reference which has been made to the State of Maine. But I expect, that in a short time I shall receive an official communication from Mr Forsyth upon the subject. Waidnj; the find replv of tne United States Government, I have the honour to indoae, in this despatch, copies of two notes from Mr. Forsjrth, upon divers points of the dispute referred to in the communications, which, by your Lordship's directions, i addressed to him in January iatit. I also inclose copies of my official notes to Mr. Forsyth, which, with the exception of the opening paragraphs, are literal transcripts of your Lordship's instructions. B CORRESPONDENCE RELATING TO THE IncloBure 1 in No. 2. Mr. Fox to Mr. Fonylh. Wa»hington, January 10, 1838. THE Undersigned, Her Britannic M^csty's Envoy Extraordinary, and Minister Plenipotentiary, has received the orders of his Government to make the following communication to the Secretary of State of the United States with reftrencc to the negotiation pending between the two Governments upon the miestion of the north-east Boundary. *^ The Undersigned is, in the first place, directed to exprtsa to Mr. Forsyth the sincere regret of Her M^^esty•8 Government, that the long-continued endeavours of both parties to come to a settlement of this important matter have hitherto been unavailing. Her Majestv'H Government feel an undiminished desire to eo-operate with the Cabinet of Washington, for the attainment of an object of so much mutual interest; and they have learned, with great satisfaction, that their sentiments on this point are fully shared by the actual President of the l/nited states. Tlic communications which, during the last few years, have taken place upon this subject between the two Governments, if they have not led to a dS'°" questions at issue, have at least narrowed the field of future M .1,^"?''' P°''<',T"'?n'8 have agreed to consider the award of the King of the MetherJands as binding upon neither party, and the two Governments, therefore, are as tree, in this respect, as they were before the reference to tlint Sovereign was made ; the British Goveniment, despairing of the possibility of drawing a line that shall be in literal conformity with the words of the Treaty of 1783 has suggested that a conventional line should be substituted for the line described in the ireaty, and has proposed, that, in accordance with the principles of equity, and in pursuance of the general practice of mankind in similar cases, the object of difference should be equally divided between the two differing parties, each of whom IS alike convinced of the justice of his claim. The United States Government has replied, that to such an arrangement it bu no power to agree; that until the line of the Treaty shall have b«n other- wise determined, the Sute of Maine will continue to assume that the line which It claims IS the true line of 1783 ; and will assert, that all the land up to that line la territory of Maine ; that, consequently, such a division of the disputed territory u IS proposed by Great Britain, would be considered by Maine as tantamount to • cession of what that State regards as part of its own territory; and that the central Government has no power to agree to such an arrangement, without the consent of the State concerned. Her Majesty's Government exceedingly regret that such an obstacle should exist to prevent that settlement, which, under all the circumstances of the case appears to be the simplest, the readiest, the most satisfactory, and the most just! Wor call Her Majesty's Government admit that the objection of the State of Maine is well founded, for the principle upon which that objection rests is as good for Great Britain as it is for Maine. If Maine thinks herself entitled to contend that, until the true line described in the Treaty is determined the Itoundary claimed by Maine must be regarded as the right one ; Great Britain 18 surely still more entitled to insist upon a similar pretension, and to assert that until the line of the Treaty shall be established to the satisfaction of both parties, the whole of the disputed territory ought to be considered as belongine to the British Crown, because Great Britain is the original possessor, and alfthe territory which has not been proved to have been, by Treaty, ceded by her, must be looked upon as belonging to her still. But the very existence of such con- flicting pretensions seems to point out the expediency of a compromise ; and what compromise can be more fair than that which would give to each party one- half of the subject-matter in dispute ? A conventional line, different from that described in the Treaty, was agreed to, as CTatea Dy Mr, Forsyth, in his note of the 2ath of AprU, 1835,' with respect t© the boundary westward from the Lake of the Wooda ; why should such a line NORTH AMERICAN BOUNDARY. • not be agned to likowiM for the boundarx eutward from the River Coo- necticut ? Her Majettj't OoTernmont cannot refrain from again preuing this pro- poiition Jpon the lerioui coniidcration of the Government of the United States, aa the arraii{;emont which would be best calculated to effect a prompt and tHtitfactnry Mttlement betwcL-n the two partici. The Qovemment of the United States, indeed, while it expressed a doubt of its being able to obtain the assent of Maine to the above-mentioned proposal, did, nevertheless, express its rcadincu to apply to the State of Maine, for the assent of that State to the adoption of another conventional line, which should make the River St. John from its source to its mouth the boundary between the two countries. But it is difficult to understand upon what grounds an expec- tation would have been formed, that auch a proposition could bo entertaineu by the British Ciovemment. For such an arrangement would give to the United States even greater advantages than they would obtain, by an unconditional acquiescence in their claim to the whole of the disputed territory; because such an arrangement would, in the first place, give to Maine all that part of the disputed territory which lies to the south of the St. John, and would, in the next place, in exchange for the remaining part of the disputed territory which lies to the north of the St. John, add to the State of Maine a large district of New Brunswick, lying between the United States Boundary and the southern part of the course of the St. John, a district smaller, indeed, in extent, but much more considerable in value, than the portion of the disputed territory which lies to the north of the St. John. But with respect to a conventional line generally, So Government of Washington has stated, that it has not nt present the powers constitutionally requisite for treating for such ii line, and has no hopes of obtaining such powers, until the impossiblity of establishing the line described by the Treaty shall have been more completely demonstrated by the failure of another attempt to trace that line by a local survey. Under these circumstances, it appears that a conventional line cannot be at present agreed upon, and that that mode of settlement is, in the existing state of the negotiation, impossible. Thus, then, the award of the King of the Netherlands has been abandoned by both porties, in consequence of its rejection by the American Senate; and a negotiation between the two Governments for a conventional line, suited to the interests and convenience of the two parties has for the present been rendered impossible, by difficulties arising on the part of the United States ; and both Governments are averxc to a new arbitration. In this state of things, the Govern- ment of the United States has proposed to the British Cabinet that another attempt should be made to trace out a boundary, according to the letter of the Treaty, and that a Commission of Exploration and Survey should be appointed for that purpose. Her Majesty's Government have little expectation that such a Commission could lead to any useful result; and on that account, would be disposed to object to the measure ; but at the same time, they are so unwilling to reject the only plan now left, which seems to offer a chance of any further advance in this long- pending matter, that they will not withhold their consent to such a Commission, if the principle upon which it is to proceed can be satisfactorily settled. The United States Government have proposed two modes in which such a Commission might be constituted ; first, that it might consist of Commissioners, named in equal numbers by each of the two Governments, with an umpire to be named by some friendly European Power ; secondly, that it might be entirely composed of scientific Europeans to be selected by a friendly Sovereign, and might be accompanied in its operations by agents of the two different parties, in order that such agents might give to the Commissioners assistance and information. If such a Commission were to be appointed, Her Majesty's Government think that the first of the two modes of constructing it would be the best ; and that it should consist of members chosen in equal numbers, by each of the two Govern- ments. It might, however, be better that the umpire should be selected by the meiubersof the Commission themselves, rather than that the two Governments should apply to a third Power to make such a f-hoice. The object of this Commission, as understood by Her Majesty's GovernmeBt, B 2 ^ CORRESPONDENCE RELATING TO THE ■Mrcb to be then continued to the w*atnr.nl tk.-^r j li *■""•'. "enown, toe I«K between the two rountriei But Her M.ie.t.^ gJ5J™». . ** ■5^°^?'' i;--, - w, -"TTSSC Ass.' tt.-Mi'S lae Undersigned availg, &c., (Signed) HENRYS. POX. Incloture 2 in No. 2. Mr. Fox to Mr. Fbr«ytA. THE IT„j-«.--.-^ «„»_.. ,.. ^'"'^f'>n, January 10, 1838. Minister l'leVi"poVe"rui;n;\;di;*rt^"Jv'h;^^^^^^ ^^'"'"y Extrwrdintry .nd ol-erv.tion. to%lr F^^ythX^^^^^^^^ ^f^'^Vlj^ ^°"«''-f «re.nce to cerUin PoinuUn^r [fh tt ,t:So:'o?tL!:ol^^^^^^ • NORTH AMERICAN BOUNDART; t d«7, which question forms the subject of the accompanying official note, which the Undersigned has the honour this dny to address to Mr. Forsyth. Her Mqesty's Government with a view to prevail upon that of the United States to come to an understanding with that of Great Britain upon the river auestion, bad stated, that the King of the Netheriands in his award had decided liat question according to the British interpretation of it, and had expressed hii opinion, that the rivers which fall into the Bay of Fundy are not to be considered as Atlantic rivers for the purposes of this Treaty. Mr. Forsyth, however, in his note of the 28th of April. 1836, coattmttU ihis assertion, and mainUins thet the King of the Netheriands did not' in bia award express such an opinion ; and Mr. Forsyth quotes a passage fmm the awaid insupport of this proposition. ■ But it appears to Her Majesty's Government, that Mr. Forsyth has notcor^ rectly apprehended the meaning of the passage which he quotes; for in the passage m question, Mr. Forsyth supposes that the word alone is governed bylSe word include, whereas an attentive examination of the context will show tbit the word alone is governed by the verb divide; and that the real meaning of the passage is, that the rivers flowing north and south from the Highhmd^ claimed by the United States may be arranged into two genera; the firit genus comprehending the rivers which fall into the St. Lawrence : the second gentii **°P'*n«ld>ng those whose waters, in some manner or other, find their way int6 the Atlantic ; but that even if, according to this general qualification, and in coo. ftradirtinction from rivers flowing into the St. Lawrence, the rivers which fall into the Bays of Fundy and Chaleurs might be comprised in the same genus with the nvers which fall directlv into the Atlantic, stiU the St. John and Restigouche u"i."r n •'"'^* species by themselves, and do not belong to the species of river* which fall into the Atlantic ; for the St. John and Restigouche are not divided in company with an v such last mentioned rivers; and the award goes on to say, that, moreover, if this distinction between these two species were confounded, an erroneous interpretation would be applied to a Treaty in which every separate word must be supposed to have a meaning; and a generic distinction would be given to cases which are purely specific. V ^i}^^"^ appears to be the true meaning of the p^tssage quoted by Mr. torsyth; but if that passage had not been in itself sufficiently explicit, which tier Majesty s Government think it is, the passage which immediately follows It* would remove all doubt as to what the opinion of the King of the Netheriands was upon the River Question ; for that passage setting forth reasons against the Boundary claimed by the United States, goes on to say, that such line woiild not even separate the St. Lawrence Rivers immediately from the St. John and Kestigouche ; and that thus the rivers which this line would separate from the bt. Lawrence Rivers, would need, in order lo reach the Atlantic, the aid of two intermediaries— first, the Rivers St. John and Restigouche, and secondly, tkt Bayt of Chaleurs and Fundy. " 1 5**K '*«" evident from this passage, that the King of the Netherlands aeemed the Bays of Chaleurs and Fundy to be, for the purposes of the Treaty as distinct and separate from the Atlantic Ocean, as are the Rivers St. John and Kestigouche ; for he spe-ifically mentions those rivers and those bays, as the channels through which certain rivers would have to pass on their way from the northern range of dividing Highlands down to the Atlantic Ocean ; and it is clear that he considers that the waters of those Highlands' rivers would not reach the Atlantic Ocean until after they had travelled through the whole extent either of the Restigouche and Bay of Chaleurs, or of the St. John and Bay of Fundy, as the care might be ; and for this reason, among others, the King of the Netheriands declared it to be his opinion, that the line north of the St. John claimed by the United States, is not the line intended by the Treaty. ' The Undersigned, &c., (Signed) HENRY S. FOX. CORRESPONDENCE RELAHNO TC) THE I IndoBure 3 in No. 2. Mr. Fortjfth to Mr, Fob. Department of State, TUP IT J • J c WaehmgtoH, February 7, 1838. w^Z^fth^iT^Ai' ^^^^?f Stote, h«. the honour to ^knowledge tho wceiptof the note addres-ed to him on the 10th ultimo, by Mr. Fox Her W«hiZ„?''^'S'" ^T^ E'^traordin.ry. and Minister' pLijitentury S mTn tk*^^ k"'. '7^1"^ ^ '^* 'J""*'"" P*'«''"8 •***««" »»>« **»« Government upon the subject of the northeastern Boundary, and to inform him that S Mmmunioition has been submitted to the President. It has received from him the attentive examination due to a paper expected to embody the views of Her Majesty a Government, m reference to interests of primary importance to the tovo countries. But while the President sees with satisfaction tVe expres^k,n ij ro;i«^»i»^*K ""••*•?"""■* "" *••/ P"^ **^ "" M'J^ty'' Government to w"^! *!u '*•' *t"' '" "'.earaest endeavours to arrange the matter of dispute toetween them, he perceives with feelings of deep disappointment, that the ^Z^^'^'lu u- ''"' rP"'"'""" '•"'^^ ^y this (Sovemment with the Th^r^J^^f- * ? "^T' ^^^ ^"T^. ^'" "*' '«"« ^«J"M notwithstanding iiSS^»*r"'"""*'"'* ".""^ '""''^'^ ^°'' herewith much anxiety, is 4 ttdefinite in lU terms as to render it impracticable to ascertain, without farther ducossion, what ar« the real wishes and intentions of Her Majeity's GovemmeS t^ctmg the proposed appointment of a Commission of ExplomJon and Survey! to trace out a boundary according to the letter of the Treaty of 1 783. The President, however. f„r tK. «..,^.. .r -..-:_. ;„ \y^^ po««.s8ion of the The President, however, for the purpose of placing ir .^L^'^r^i^!!!!? .l"*r Majesty^s Goyemment. as exhibited in ftfc Fox s note, and of ascertaining the sense of the State authorities upon the exoe^ Aency of meeting those view,, so far as they are developed therein, has direcS £l«J^!!>rf"'^lf^ to transmit a copy of it to Governor Kent, for their coSJ nderation. This will accordingly be done M,ithout unnecessary delay, and the SSll't^s MiSfster • ""^ ™ '^' ^'"'"" "^ * ^""'•^^ commLca/on to hS to nfflr ?f """ *'?*' *''^ Undersigned avails himself of the present occasion Aft / !r "T^'u" "P*"" '^r*-" P"rt» of Mr. Fox's note of the 10th ultimo After adverting to the suggestion heretofore made by the British GrverJme^t So iJ?r«Kn"M t'' k''"'"^ ?'";*""? '\' '""'h >» dispute between the two parties, should be substituted for the line described by the Treatv and r|^tting the constitutional incompetency of the General Government to ajrree ~f!«*A"KT°^"7*'r'.*>"*r^ '^•'"'''°* of the State of Maine; Mr.lS bt theTrl.!v^°r*'°"*' T ^T'^^' !i"''*»"K'' *•'«'«'■«»* fr°» that designatS teil.* j^'ir'*'',."T''M° *••* boundary westward from the Lake of the Woods, and asks, why should such a line not be agreed to likewise for the boundary eastward from the River Connecticut ? Thf reply to thTsuiesJionk obvious. The parallel of latitude, adopted on the oSU refmed to «? conventional substitute for the Treaty Le, pa««d over territory withiS Z exclusive jurisdiction of the General Governm'ent, without touching upoS Z nghts or chums of any individual member of the Union, and the leeitimate ^ZZXniS Government, therefore, to agree to such line wa! ^eZrand 2S ?.?m tl, «' '" con«mt.ng to a conventional line for the bounda^ wtwardfrom the River Connecticut, the Government of the United StatS woud transcend its constitotional powers, since such a measure could only S En '"J'.*®** ^y "°'»f"g »he jurisdiction of a Sovereign State of tS Union and by auuming to alienate without the colour of a Sghtful author ^ to do so, a portion of the territory claimed by the State. ""'nornj on.1. f i r^"* *? *J!® suggestion made by the Undersigned in his note of the „?irlJ^^!:"l7j l.«^«^«^'!f -?'•"- of the President to apply trSeltlte of Mame for her assent to\he ;;rop^;V; c^.oVal ES^r^^^^^^^ undersund upon ^h^ groundT an "expectetio;' codd "!.';:; tSSllj ^Z'K' m"'- 'Ik'";^ '".^''/y '^' »"*"'• Government. S such aa arrmgement would give the United States even greater advantages than would . N(«TH AMERICAN BOUHDABT. 9 h» obtuned bjr ra nnconditioiuil acquiewence in their cikim to the whola territonr in diipute. In makii^ the tui^gestiou referred to, the Undenignei etpreMly stated to Mr. Bankhead, that it was oflfered, as the proposition on th» pert of Great Britain that led to it was supposed to have been, without ngvi to the mere question of acres, the extent of territory lost or acquired by the iwpective parties. The su^estion was submitted in the hope thatthe preponde* nting importance of terminating at once, and for ever, this controversy, bf establishing an unchangeable, and definite, and indispuUble boundary, would b« aeen and acknowledged by His Miyestv's Government, and have a corresponding weight io influencing its decision. That the advanUges of substituting a riv» fiir a highland boundisry could not fail to be recognized, was amMrentlrom the fact, that Mr. Bankhead's note of 28th December, 1835, suggested the Rivet St. John, from the point in which it is intersected by a due north line draws from the monument at the head of the St. Croix, to the southernmost source of that river, as a part of the p^eneral outline of a conventional boundary. No difficulty was anticipated on the part of His Majesty's Government ia understanding the grounds upon which such a proposal was expected to be enter- tained by it, since the precedent proposition of Mr. Bankhead, just adverted tov although professedly based on the principle of an equal division between the parties, could not be justified by it, as it would have given nearly two-thirds of the disputed territory to Her Majesty's Government. It was, therefore, fairly presumed, that the river line, in the opinion of Great Britain, presented advaii> tages suflScient to counterbalance any loss of territory by either party, that would liulow its adoption as a boundary. Another recommendation of the river line it was supposed would be found by His Majesty's Government in the fact, that whilst by its adoption, the right of jurisdiction alone would have been yielded to the United Sutes, over that por- ftionof New Brunswick, south of the St. John, Great Britain would have acquired the right of soil, as well as of jurisdiction, of the whole portion of the disputed territory, north of the river. It is to be lamented that the imposing considerations alluded to have failed ia tiheir desired effect ; that the hopes of the President in regard to them have not been realised ; and, consequently, that Her Britannic Majesty's Government is not prepared at present to enter into an arrangement of the existing difference between the two nations upon the basis proposni. It would seem to the UndersigneIUII!SPaNDBNCE RELATING TO THE toSI^ "Kf^ %V*lS""'"r •f Survey, and would thbt mcaH thi & JZTT «J»»«"d'"7 analo^ou. to th.t .ppointed under the VA Whether Highlanda, nich as are described in the Treaty, do or do not exiit. tZ •"iS'f^te- •"''T *"!'"* ^r •'y ?•« modifiedli'cIiJnVlK Mund. ihe fact that thu question is still pending, although more than half > century has elapsed since tHe conclusion of the Treaty in Xh It oSLinl^Ij rjnder. it in the highest degree imorobable th.t the "X, So:er^lL3unS m Mienng that either the one or the other of the ranges of HighhwdsdaimS ^.the resnectiye ,«irties fulfils the required conditions ff that inCem The opinions of the parties have over and over again been expressed on this point, and SL:!V"°"°-'\''''^'""^^*'y-. "^^ Commission L neith^ 3Se lor HftST"»* o( *>?• q««tion of boundary. The resu'lt. which the American proposition promised to secure were fully and frankly exolained in previous note, from the Department of State; and Jad itsXSSnot beS deariy understood this Government would not have devolved uponthat of Her Mqesty the task of illustrating them. Mr. Fox will therefore sS that ithough miSSI? nf !'^^A^ a Commission had its origin with this Government, tL nodification of the American proposition, as understood by the Undersigned i»« so fundamentally important that it entiiely changed its nature; and thit the SK'?K •/•"? r*^"; 5*?* * "" "*" ^'^ *•»« Government of thl UnUed SuS t^Jiln^i " ?"*i^"-"" *° Tr *i* '"""^^ "'■«"«' *"• " founded in mS apprehension. Anjr decision made by a Commission, constituted in the manner ^rT^fM^^^Tt !?K^/"^ ""*™*i?^ '^ '^^ f- '^' Highland. oMh" iin^l^JI?' L"" ^;,*'.'°''"'§. "P«° »•»!» Government, and could without «nneces«ry delay be carried into elect; but if the substitute presented by Her Mqes^ . Government be insisted on. and its principles be adopted. aVesort wS then be necessary to the State of Maine for her assent to all p4;iin« herS after in relation to this matter ; since, if any arrangement can bemSe utt h It CM only be for a conventional line to whic'h she must of course bTrparty ' Ihe Undersigned, in conclusion, is instructed to inform Mr. Fox. that if a rffii hv 5f ir-f^'°*^ •* '" "P?". *^* ""«^«>'«''""« and unsatisfactory basiJ a^rded by the British counter-proposition or substitute, which possesses hardly a featurein common with the American proposition, the President will not venture to rnvite It unlew the authorities of the Stitte of Maine, to whom as before SiSd^ !«? 5"I""'':i- •»''™>"«d. 'hall think it more likely to lead'to a finaf S Z^lJ nS^'"**:?? "^ '^"^''•.^ *^" 'i' ^""'"' Government deems it to be^ though predisposed^to see it in its most favourable light. Undersigned avails. &c.. (Signed) JOHN FORSYTH. Inclosure 4 in No. 2. Mr. Fbrtyth to Mr. Fbx. Department of State, ' TuvjrA • ,o .c W'"hingt(m,Februttry6,l838, THE Undersigned. Sccretanr of State of the United States, has the honour to acknowledjje the receipt of the note of Mr. Fox. Envoy EitraoSary an" MmisUr Plenipotentiary of Her Britannic Majesty, of the 10th ultimo in which I NORTH AMBRrcAN BOUNDARY. o 1834. alleged that, although the arbiter had not decided the fint of the thre* »..D question, proposed to him. yet that he had determined certain XrdnS ppuit. connected w.th that question, upon which the parties I«mI "SSd d^erent views, and .mong others, that the River. StTohn and ReSche ^uW^not^ be considered, according to the Treaty, as " rivers flowingS the Anr.l^fM?'"'"''P*^'.'\''" ""** *° ^'" C''"''" R- Vaughan. of the 28th of ^iSbvIS SSToM;''' ''"Tr'i '^ '^"^ interpretation 'which had been given by Sir Charles to the award of the arb ter in this narticular • anH «ftl^ Slrt P?^«''»''««T'' ''^^^'^^ Sir Charles wiS E^^^o^d t'o ^feJ al containing the determination by the arbiter of the point just mSJtioned oKed tha It could not but appear from further reflection lo Sir ChariM that^^^^ declaration that the Rivers St. John and Restigouche could not be 2nrtaken into view without hazard in determining the disputed Lundary wasno the expression of an opinion, that they should be altogether exchJinLlr mining that question; or. in other words, that they cS not Jelook^^^ rivers emptying .„to the Atlantic. The 'remark, presentrby Mr F^xTth" ^art of'tir. It /^'- '"/ rP'y- "' ^"'^'"'^ *« «how a misconception o^ the fhe awiJd and Tl"^^^^^^ meaning of the passage cited by him fr^m ine award, and to support the construction which was eiven to it bv Sir Charles Vaughan i whether the apprehension entertained by th? one part v or the JltL T r''-"'''r'^'''""''''^''V« this minor poX corSS.Ts rLJrded S.in'eq'iSstT'' " '^ ™""" ^'"^ consequenc^in the'sSm^tTflSj decisil^of'^trrbSr^tLM-tKu'^^^^^^^ '^Tr^' '- ^''^ courJof lIu^not^tSTha^rSfv*''*, ^"''«"'K««» ^'- '«> to make, in the been thus ie"eminedwSl torn "^^^^^^ T" °"' *>'"»HP"'""' ""^g^*^ *« ''"« consequent anxS to remove ^or the arbiter, and a was believed. coulS ndTe the supZ Z 3. 'rth ''"."""?'"«• '^t '''' "'""«' '» rivers referr^ to in tlllT. f *"PR°*«'0"..that the arbiter, in searching for the tation, seemed the morViEt as hp £ J V ? 5' ''" '/*"i* "^ misinterpre be sufficiently explS how ?f ;»,! h- u^ '"™"^f '''^''"•*''' *h«t " it could not to establishl^he tndar, at tie S ^^T^ Parties intended, in 1783. which the t.r/torv in d^lffll,- "^ ^^^ ^"". ^*- J«hn. that river, to character, hf '' VrVSeutmli ed Tn^^ °t ^? ^'T'-' '°i'^''^ '"'"• '*" '''«*''«'tive toV a ^pr:S^ "''i- and thus of •vhi-'- »f ' V, ' -"P'"' '"^5, to Sir Charles Vauffhan. nnH t»,o fr..».., — :„,,. Tn ct;ristiL°tl"rth. *"■ '"' 'f '" -i-onceived. is •the-/oiIo-wi"„g:-.Vl| I^wrence. t "E d be n toZZ.l^oVT\^'^T'^''' '"^« '^' ^'-^ «'• Geography, to compMX ' r^tlCiiSl: iSriS^^ SuTJ^ a^Di^ id CORRISPONDENCB RELATING TO THE ChUcara, with thow emptying themselvet directly into the Atlaatie Ocera, in tte genencal denomination of rivers falling into the Atlantic Ocean, it would be hasardoui to inclade into the species belonging to that class, the RiTera St. John • and Bestigouche, which the line claimed at the north of the Riter St. John divides imme^tetv, from the rivers emptying themselves into the River St. Lawrence, not with other rivers falling into the Atlantic Ocean, but aloiu; and tijus to apply, in interpreting the delimitation established by a Treaty, where each word must have a meaning, to two exclusively special cases, and where no mention is made of the genus (genre), a generical expression which should Mcnbe to them a broader meaning,*^ &c. It was observed by the Undersigned, that this passage did not appear to contain an expression of opinion by the arbiter, that the Rivers St. John and Restigouche should be altogether exclnded in determining the question of disputed Boundary ; or, in other words, that they could not be looked upon as "nvera emptying into the Atlantic." Mr. Fox alleges this to be a misconcep- tion of the meanin|; of the arbiter, and supposes ft to have arisen from an erroneous apprehension by the Undersigned, that the word alone is governed by the veri) mchided; whereas he thinks that an attentive examination of the i»ntext will show that the word alone is governed by the verb divide, and that the real meaning of the passage is this, "that the rivers flowing north and south from the jiiighTands claimed by the United States, may be arranged in two Enera; the first genus comprehending the rivers which fall into the Sl twrence; the second gen as comprehending those whose waters in some manner or other, find their way into the Atlantic; but that even if, according to the Eneral classification, and in v«:ontradistinction from rivers flowing into the St. iwrence, the rivers which fall directly into the Bays of Fundy and Chaleurs, miffht be comprised in the same eenus with the rivers which tall directly into the Atlantic, still the St. John and the Restigouche form a distinct species by them- selves, and do not belone to the species of rivers which fall directly into the Atlantic; for the St. John and Restigouche are not divided in company with any eueh last-mentioned rivers." The Undersigned considers ft unnecessary to enter into the question, whether, according to the context, the circumstance expressed by the adverb alone has reference to the verb divide, or the verb include, because, even allowing it to refer to the former, it does not appear to the Undersigned, that his interpretation of the passage is thereby impaired, or that of Mr. Fox sustained. The Undersigned conceives that the arbiter contemplated two difierent spectra of rivers as admissible into the genus of those which " fall into the Atlantic," to wit, those which fall directly into the Atlantic, and those which fall into it indirectly. That the arbiter was further of opinion, though at variance with the idea entertained in that respect by the United Sutes, that the Rivers St. John and Restigouche, emptying their waters into the Bays of Fundy and des Chaleurs, did not belong to the species of rivers falling directly into the Atlantic. That, if they were considered aione, therefore the appellation of " rivers falling into the Atlantic Ocean," could not be regarded as applicable to them ; because to use the language of the award, it would be " applying to two exclusively special cases, where no mention was made of the genus, a generical expression which would ascribe to them a broader meaning^; but it is not conceived that the arbiter intended to express an opinion, that these rivers might not be included with others in forming the genus of rivers described by the Treaty as those which fall into the Atlantic ; and that, upon this ground they should be wholly excluded in determining the question ot the disputed Boun- dary; while, therefore, the Undersigned agrees with Mr. Fox, that the arbiter did not consider these rivers as falling directly into the Atlantic Ocean, the Undersigned cannot concur in Mr. Fox's construction, when he supposes the arbiter to give as a reason for this, that they are not divided in company with any such last mentioned rivers, that is, with rivers falling directly into the Atlantic. Conceding as a point, which it is deemed unnecessary for the present purpose to discuss, that the grammatical construction of the sentence contended for by Mr. Fox is the correct one, the arbiter is understood to say only, that those rivers are not divided immediately with others falling into the Atlantic. — I — ..„...^„,j „, .naitctiijr, uui lie UOC3 not »ncgv mis lo oc a snuicient reason for excluding them, when connected with other rivers divided mediately from those emptying into the St. Lawrence, from the genus of rivers " falling into the Atlantic." On the contrary, it is admitted in the award, that the line daimed to ;^i;IK»TH AMEUCAN BOUNDARY. li the aortK of tlie fit. John. diridM the St. John and Restigouefae in compenjr with Schoodiae Lakes, the Penobicot, and the Kennebec, which are stated aa emptying tbemtelvea UrtetUf into the Atlantic; and it is stronglj implied in the language used bj the arbiter, that the first named rivers might, in his opinbn, be classed for the purposes of the Treaty with those last named, though n«t in the same qiecies, yet in the same genus of Atlantic Rivers. The reason why the St. Jwin and Restigouehe were not permitted to determine the question of Boundary in favour of the United States, is understood to have been, not that they were to be wholly excluded, as rivers not falling into the Atlantic Ocean, as Mr. Fox appears to suppose, but because, in order to include them in that genus of rivers, they must be considered in connection with other rivers which were not divided maUdiately like themselves from the rivers fa]lin||; into the St. Lawrence, but nutUately only, which would introduce the principle that the Treaty of 1783, meant Highlands that divide, as well mediately, as immediately, the rivers that empty themselves into the River St. Lawrence from those which fall into the Atlantic Ocean; a principle which the arbiter did not reject as unfounded, or erroneous, but which considered in connection with the other points which he had decided, he regarded as equally realized 5y both linea, and therefore as constituting an equal weight in either scale, and consequently affording him no ass ist a nc e in determining the dispute between the respective parties. The arbiter appears to the Undersigned, to have viewed the Rivers St. John and Restigouehe as possessing both a specific and a generic character; that conudered aUme, they were specific, and the designation in the Treaty, of " Rivers falling into the Atlantic," was inapplicable to them; that considered tn caimeetian with other rivers, they were generic, and were embraced in the terms of the Treaty ; but diat as their connection with other rivers would bring them within a principle, which, according to the views taken by Um of other parts of the question, was equally realiied by both lines, it would be hazardous to aUow them any weisfat in deciding the disputed Boundary. It has always been contended by this Government, that the Rivers St. John and Restigouehe were to be considered in comiection with the Penobscot and Kennebec, in determining the Highhinds called for by the Treatv; and the arbiter is not understood to deny to them, when thus connected, the character of "rivers falling into the Atlantic Ocean." This construction of the arbiter's meaning, derived from the general tenour of the context, it will be peroeived, is not invalidated by the next succeeding para- graph cited by Mr. Fox, in which the Bays of Fundy and Des Chaleurs are spoken of as intermedkaies, whereby the rivers flowing into the St. John and Restigouehe reach the Atlantic Ocean, inasmuch as such construction admits the opinion of the arbiter to have been, that the St. John and Restigouehe do not fall directly into the Atlantic, and that they thus constitute a species by themselves, while it denies that they are therefore excluded by the arbiter from the geTots of '* rivers falling into the Atlantic." The Un^rsigned avails, fcc, (Signed) JOHN FORSYTH. No. 3. JMr. Fox to Ftscount Polmeraton.— (Received May 23, 1840.) (Extract.) WaekingtoH, May 4, 1838. THE United States Secretary of State addressed to me the inclosed official note on the 27th ultimo, communicating the result of an application made by the Federal Government to the State of Maine, upon the subject of the north-eastern Boundary Line, with reference to the pending proposal for a new Commission uf Survey and £xplonition ; and aunouncing to me the resolution which the Pre- sident has formed thereupon. The President, it appears, is willing to enter into an arrangement with Great Britain for the establishment of a joint Commission of Survey and Exploration, upon the basis of the original American proposition, and C 2 IS CORRESPONDENCE RELATING TO THE ;l^ve"S?n"re«r*nl"Sr^^^^^ Your Lord*,p witt . to the United SutesSov/rnr^^^^^ ^^'^^} -ddre-^I <' prewnt provided with full '^ZTLTVJoISJT"^^"^';, '*"' ' '"» "«» ^^ ' tlut I would forthwith trawrhi. ««W !^ *^* propowd convention; but . .«ch .ddiUonal^uuct r»^h •beS^^^^^^^^^ ^^'''-P. i» o-^e^ th.t M the prewnt .ituation of the re.Sn T„..u ' "^^'^ "^her ttepi uken ment tS mjuire. lTli?ve th,rtr^PreS f PP*"- *° "" ^^-^^'y'- Govern, •ent p«.ket. to the rneric.n Envov i^ J!!^^*"!"'** "J"*"'^*!'*'"' ''y »'"' P"»- ' uponTe nature .nd cxSf trjowe^^fi ""^.y^^' ^A? to Her M.jerty'8 Mission in this couES^ ^ ^ "P***'*"* *" *''™"^ .r. sS";„S;Sl^rSd^^^^^^^^^^^ P-'--- 0^ Maine resolution, of the 23d of M.r?h Sos^d ^n"!!?; ''2.'' •t.'*<'°''«'«> i" their the 27th of April. I have stTteTf; Mr7L^u-J''T^' ""^'^ »° "« o*" the subiect. that a. long « ?e pretenrionf n??h ' "'I '•?'««nce to this part of «>ttle tie disputed quesfi^ forSmsX, LV* ■"^'•'>"^"» "^ Maine. t\», to tionsjt woufi notA bervei^J^re^wiror^^^^^^^ vemment to take any public notice thereof .-«hLPm-^.. ^" Majesty's Go- only treat a national qLstion with th-N^tinn^lr '^''^^ " G«Y«""n«nt could I have distinctly declaUmy oSio.. to mI TI^^ but of Maine shoufd ^ttempt^^Jjr^jl^^^^^''^'':^ '^' ^T^ •"*•""•'»•*• wferred to, such attemit would be ren^ST.^!!!' T "P**" *''* ««olationi Provincial Governmm of N^w fiJuS?- /ndT^ ?* R^-f.HerMige.tys the immediate and ineviubl consTenw ' IH,t .i 0^''* J!?""'"" *""'«* »^ «ny such attempt on the part of ISine ^ ;. «1? ^e observed moreover, that would, in fact, place MaiSt in a stT'^ ,1.T**"P'*.*^ '". *'"' resolution.. Government. «^ella.trsti;ft«ijfyt2;r^^^^ U"*«» ^'^^ 1 have to add that Mr Forsvth itatlrf ♦?!1- •,"**'"•. made to him upon the suWect t"2 he^nnSr^'^J^P'^*^'" '"l-iry which I legislature of S.ine.incloSin hi. nLTi^*''!^^ "«''"»•»» "^ th" to the establishment of Trott^iSfaJloi^ ^^^^^^^^ consent of that Sute President. Mr. Forsyth fuXr SThSVn^TK f ^T '«^^ *« ^y the .ion either to run the^in; wJordbfti 5he Tr,itt "^"""•'"ent of a Coiimis. the IVeaty; the lowers of the GeJeS L^^^^ra^VivThTr* *f-™^^ fully compt'tent ; and that it U nnl. ;« tu" ly '^ °y "" Constitution Treaty, that the formal conEnt oeM!rj'!::ni:!^iJi:i:''' '"^'""'^^ ''^ '^' Inclosure 1 in No. 3. Mr. Fortjfth to Mr. Fox. • « Department of State, THE Undersigned. Secretaiy of State of the vlttC:: hS ''''• by the directions of the President, to communicate to Mr P.«H «''°°"r' Majesty's Envoy Extrkordinarv and Mini^^r PW- ! ^ .' ^^^ U"tannic aJicadon of tfe GenerS Gover^Lnt to tL^i^-^^^^^^^^ »''« ';^«"" "^ the tiie north-eastern BouuLy line and the reShf- |"T ^ 't ^"''J"* »'" formed, after a careful coLii"emion thereof BvThe.!''' '^ President ha. received from the Executive of Ma^ M r. Fox „i^pe ceivrth?^^^ FT"' to give a consent to the negotiation for a ConvendlTCl'i ■.^- J^'"';'.""-'" to a reference of the uoinu. in ,lUnn»X -^^ • --'" ' ^"""''"y '' " d'«»nclined suaded that the line describe'dTn'thrTre^ty ^f'^lST/^'h J *" *,*■' ^T^^ P^' whenever the Governments of the UnSrjtlS Se^BiSatshT.f pS NORtH AMERICAN BOUNDARY. 19^ to make the requisite invertigationa, with a mredinxMition to tfliset that rtrj deal, rable obiect. Confidently relying, at the Preaident doea. upon the Miurancea frequently repeated by the Bntiah Government, of the eameit deaire to reach that result, ifit is practicable, he has instructed the Undersigned to announce to Mr. Fox, the willinpess of this Oovemment to enter into an arrangement with Great Britain, for the establishment of a joint Commission of Survey and Explo< ration, upon the basis of the original American proposition and the modilicatlona offered by Her Miyesty's Government. The Secretary of Btate is therefore authorised to invite Mr. Fox to a conference upon the subject, at as early a day as his convenience will permit ; and the Undersigned will be immediately furnished with a requisite full nower by the President, to conclude a Convention embracing that object, if Her Majesty's Minister is dnly empowered to proceed to the nego. tiation of it on the part of Great Britein. The Undersigned avails himself, &c. (Signed) JOHN FORSYTH. ■|U. Inclosure 2 in No. 3. Oovemor KenVa Meuage to the Maine Legiilature. To the Senate and House of Representatives ; ' I HEREWITH communicate, for your consideration, a communication addressed to me by the Secretary of Sutes of the United Sutes, with the oorrci. pondence therein referred :q, in reference to the north-eastern Boundary, Thia J communication is made by request of the President of the United Sutea ; and in compliance with his suggestion, I ask your careful and deliberate attention to the facta Mid propositions therein conuined. The duty devolving upon mc would, perhaps, be pcrfonped by the simple communication of these documenU without any remarks or commenU of my own. But this subject, always interest, ing to Maine, has become more so by this direct application on the part of tli« Preaident of the United States, for the expression of the wishes and the will of thisSute.in reference to the adjustment of this long pending question t and feeling a deep interest, personally and officially, in everything that relates to it. and anxious, mainly, that the rights and honour of Maine should not be Jeopar. dwed or impaired, I feel it to be a duty which I owe to the people, who havo i assigned me my part of responsibility, to speik my honest opinions and riewi, > plainly and unreservedly, upon the grave matters now submitted to you. I ask . i for nay views no other weight or influence than such as their intrinsu; value may ' entitle them to; and I desire only to be regarded as connected with you, in guarding with watchful care the great interests entrusted to us, and dointr my duty in this important crises according to my best judgment. If my views are erroneous ; or if I am, in your opinion, unnecessarily strict or severe in my juds- ment of intentions, or too limited in my suggestions of nolicy, I trust to you to correct or to overrule me. I assume uo right to dictate or controul vour action. ' In the communication from Mr. Forsyth, in connection with a very lucid and interesting history of the negotiations between the two Governments, we are informed that the discussions between the Federal Government and that of Great Britain have arrived at a stage, in which the President thinks it due t» the State of Maine, and necessary to the intelligent action of the General Govern- ment, to take the sense of this State in regard to the expediency of opeiiinir a direct negotiation for the establishment of a conventional line /and if Maine should deem an attempt to adjust the matter in controversy in that form advisable then to ask the assent of Maine to the same. ' The grave and important question, therefore, presented for your considcra- la'^J!?l!u"u"'lu"?,''^'^"l'.yP".•=T^^y.»^«i°'="™ ^^^^^'^ »«. >• whether i. "^'"^ V'^ iasecuuve oj inc united JsUtes wiiii the uiiiimited power of fixing a new and cr nional line, in lieu of the Treaty Boundary It >8 certainlj ^ .ifying to iierceive, that the right of Maine to be heard and consulted before the Treaty fine is abandoned, is fully recognized by tlie 14 CORRESPONDENCE RELATING TO THE [ ^- Gbneral OovcrniMnt; and I have no doubt the Legitlatureof Maine will tpproaeh the conuderation of the proposition in the lame ipirit it is offered, and with an anxious desire to terminate this loog-pending and embarrassing question, if it can be done without too great a ucrifice of honour and right. Although the documents are somewhat voluminous, the proposition is single and simple in ita character, mud easilj understood. I have given to the sulyect all the reflection and examination I have been able to bestow, since the reception of the documents, and with a most anxious desire to acquiesce in any feasible scheme of ac^ustment, or any reasonable E reposition for a settlement, I feel constrained to say, that I can see little to ope, and much to fear, from the proposed departure from the Treaty line. I think that the most cursory examination of the correspondence and movements on the part of Great Britain, must satisfy any one, that the leading object which her diplomatists have had in view since the result of the arbitration, has been to destroyer lay aside the Treaty line,— to lead us away from the clear, unambiguous, definite terms of that Treaty, and involve us in interminable discussions, propositions, and replies in relation to conventional lines, no one of fl J L ""^** be accepted unless it gave to them a large part of our territory. Wo r i! a '" ^"?' ^^^' '^"^ ****'" '^^" ^^^ President, in pursuance of the advice of the Senate, had opened a new negotiation to ascertain the line, according to the 7rea(y of 1783, to which Treaty line the negotiation of course was confined, the British Minister suggested, '• that this perplexed and hitherto interminable q^uestion, could only be set at rest by an abandonment of the drfective descrip- tion of boundary contained in the Treaty, and by the two Governments mutually agreeing upon a conventional line more convenient to both parties." The same latention is apparent in the refumi to acquiesce in the proposition, to refer the settlement of the Treaty line to a Commisnon, to be constituted of an equal number cboaen by each party, with an umpire, to be designated by a friendly Power from the most skilful men in Europe ; or, secondly, that the Commission ahould be ratirely compoaed of such scientifie men of Europe, to be selected by some friendlr Power, to be attended in the survey and view of the country 1^ agents appointed by the IMrties. It was in answer to this proposition, that the suggestion of the im- practicability of the Treaty line was made j and the intention became apparent, to lead us awayfrom that inconvenient obstacle tothmr wishes and plans— the Treaty Iniguage. Tliemopodtion was so equitable and fiiir, ao just to all parties, and ao full of promise of adjustment upon proceedmgs satisfactory to us, that it could not be peremptorily rejected. But, although it was entertained, the answer to it dogged the proposition with so many conditions, and so limited the powers of the Commissioners, and required the concession on our part of the all important fact, that the St. Jchna and Restigouch are not Atlantic Rivers ; that the original plan was at once deprived of all vitality, or power, or use ; and, in fact, the reference would have been merely an agreement to abide by the decision, provided both parties should be satisfied and assent to it. It is certainly somewhat remarkable' that if the assumed fact is true, vii.: that the Treaty line cannot be laid down or fixed according to the Treaty, that so much unwillingness should be exhibited to have an attempt made to ascertain it ; or if Great Britain is so strongly convinced of the justice and strength of her argument and claim, that she should be so reluctant to refer the whole question to disinterested and scientific Europeans. There is an apparent, and I doubt not a real anxiety to avoid discussion or examination based upon the Treaty, and I fear that if we once abandon that line in search of a conventional one, we shall never be able to bring them back again to consider the present line, or to recog. niae the Treaty as of any binding efficacy. I fear, too, that the only question in negotiation for a conventional line, will be how large a portion of our territory we must yield up. The suggestion made by our Government to take the river M. John, from its mouth to its source, as the boundary, was rejected, with a simple expression of wonder that it should have been made ; and our Government is told explicitly, that " His Majesty's Government cannot consent to embarrass the negotiation respecting the boundary, by mixing up with it a discussion regard- ing the navigation of the St. John, as an integral part of the question." The intimation seems nlain. thnf nn npcrnlintinn fnrnn«v/>Kan»a «<**«.»:*»... ~- :_:i will be entered into, but the single point will be, how shall the disputed territory be divided between the parties? I fear that if we abandon the Treaty language, so clear and so decided in our favour, and so much at variance with their claim| ilfOETH AMERICAN BOUNDARY. we ihall iMTe • cartainty for an uaeertainty, and throw doubt, conAimm md embarruiment over our claim and our courie of action, and yield to Great Britain the sreat obataole we now present to her grasping spirit — the solemn Treaty of And what security have we that anr line can be filed upon which shall bo permanent ; or what ceruinty is there that the new line nay not be declared to be " impracticable," whenerer it may come in contafct with any of the plans or wishes of Great Britain? It would certainly be difficult to present a stronger and clearer case than we now do; and if diplomacy and skill can manufacture doubts and embarrassments in the discussion of the question as now presented, we may well despair of ever fixing a certain and unalterable line of Boundarv. If I am accused of injustice or severity in these remarks, I would point, in justification, to the remarkable prwress of the doubu and assertions in relation to the Treaty line of Boundary. When the question as to which river was the true St. Croix of the Treaty (which was the only question then in dispute;, was before the Curomisiioners under the Treaty of 1794, the British agent founded his principal argument for the westernmost river, upon the ground that a line dae north from the source of that river would only include a part of one of the rivers (the St. Johns) which have their mouth within New Brunswick. He says, "The most accustomed and convenient rule in cases of this kind, is to leave to each Power respectively, the sources of those rivers that empty them- selves, or whose mouths are within its territory upon the sea coast, if it can be done consistently with, or in conformity with the intent of the Treaty. A line due north from the source of the western or main branch of the Schoudiac or St. Croix, will fully secure this eflect to the United States in every instance, and also to Great Britain in all instances except in that of the River St. John, wherein it becomes impossible, by reason that the sources of this river are to the westward, not only of the western Boundary line of Nova Scotia, but of the sources of the Penobscot, and even of the Kennebec, so that this north line must of necessity cross the St. John ; but it will cross it in a part of it almost at the foot of the Highlands, and where it ceases to be navigable. But if a north line is traced from the source of the Cheputnatecook, it will not only cross the River St. John within about fifty miles from Fredericton, the metropolis of New Brunswick, but will cut off the sources of the rivers which fall into the Bay of Chaleurs, if not many others, probably of the Meramichi, among them which fall into the Gulf of St. Lawrence, and thereb;^ be productive of inconvenient consequences to the two Powers, if not of contention between tliem, instead of "terminating their dififerences in such a manner as ma^ be best calculated to produce mutual satis- faction and good understanding, which is one of the principal and avowed objects of the Treaty." At thia time, then, there was no doubt that the line running due north to the Highlands of the Treaty, must cross the St. Johns River, and if the starting point was carried east, it is admitted that such line would cut off the Restigouch, which is neariv as far north as our claim. And certainly the line was to run equally far north, whether the starting point was east or west, unless the Highlands inclined to the south. And yet we are now required, as a preliminary, to admit that the St. John and Restigouch are not Atlantic rivers, within the meaning of the Treaty. In 1814, when the negotiations which resulted in the Treaty of Ghent were in progress, no pretence was made that our line did not extend beyond the St. Johns, and according to our present views. Great Britain, then, by lier negotiators, expressly stated, that she " desires the revision of the frontier between her North American dominions and those of the United States, not with any view to an acquisition of territory, as such, but for the purpose of securing her possessions, and preventing in future, disputes, and such a V.V1UAT10N of the line of frontier as may secure a direct communication between Quebec and Halifax." And when our negotiators peremptorily refused to agree to any cession of territory, the answer was, that they " were not prepared to anticipate the objections contained in the note of the American Plenipoten- tiaries ; that they were instructed to treat for a revision of their Boundary lines, with the statement which they have subsequently made ; that they had no autho- rity to cede any part, however insignificant, of the territories of the United States. nU.hnilCrtl tho nrnnnonlo I«f» U nn^n (■"• jU™ *_ .!-,_ I -_ _..• ! . /. sucli cession, in territory or otherwise." And yet, now that territory which they offered to pay us for, is claimed as cleariy their own ; and that line which then was admitted and recognized as including the territory as claimed by us, is now 18 CORRESPONDENCE RELATIZW3 TO THE to hoTd^lS^trrJ'luVlh^^^ i. determined ■uggention n u favourable snir!» " «5.-». . "'«' "WMiect, woum h«v ,.. i the cert«nly h.ve pre«Dted the JSL ii*;^ %»^7' '» wo»'d Oover„n,e„t. by it, own sErveyo;". It 1 " fde." '. S'Gjj.t° b'^'"'^'^' determined to avoid, if p „Jble. such an ex.min. « ." '? **, ■'^^ **'*"'" » blishment of the linl.. aid «ueh proof of the"" ^ '^i ' ir"" ' "*"• anoUwr propmi.ion lo the Uovtrnmint of G™. n,l,.:i . i' ^^'^ }° '"''"'' the qoertion to . third part, .""»«"' »' ^™' Britain, to refer the deciiioii of J::^::rr;rfh:iHaSStl''---'-- NORTH-AMERICAN BOUNDARY. If Mlve* and oar conititumti. who have entruited the righu and honour of Maine to our keeping. Relying upon your patriotiim and intelligence, and caution I niacf thcie doouinenti la-fore vou. and ailc your action upon then., in the con- fident hope, that the n^hls and the territory lecured to i\» by our futhcra in the Held and the cabinvt, will not be impaired or aurrfndered. r in^K tr ... ,on» (Signed) EDWARD KENT. Counctl Chamber, March 14, 1838. Incloiure 3 in No. 3. STATE OP MAINE. Retolvet in relation to the North-Eaetem Boundary. Resolved— That it it not expedient to give the assent of this State to the Federal Government to treat with that of (Jreat Uritain for a conventional lino for our north-eastern Boundary, but that this State will insist on the line estab- lished by the Treaty of 1783. Resolved — That, as this State has never heretofore given her consent to the appointment of an umpire under the Treaty of Ghent, in 1814, but has pro- tested against the same; and as she believes it to be a grave question, whether the provision in the Treaty for this purpose has not done its office, and is therefore no longer in force, she ii not now prepared to give her assent to the appointment of a new arbiter. Resolved— That our Senators and Representatives in Congress be requested to urge the passage of the Bill for the Survey of the North-eastern Boundary of the United States, &r., now pending in Congress-, and that, if said Bill shall not become a law during the present session of Congress, and if the Government of the tJnited btates, either alone or in conjunction with Great Britain or the 5>tate of Maine, shall not, on or before the first day of September next, establish and appoint a Commission for a survey of said Boundary line. It shall then be the , imperative duty of the Governor, without further delay, to appoint forthwith suitable Commissioners and Surveyors, for ascertaining, running, and locating, the north-eastern Boundary line of this State, and to cause the same to be carried into operation. Resolved— That the Governor be requested to transmit to the President of the United States one copy of his Message to the Legislature, on the subject of the northeastern Boundary and these Resolutions, and one ropy of the same to each of the Heads of Department at Washington, one copy to each of our ^enators and Representatives in Congress, and one copy to the Governor of Massachusetts. Read and passed, in the House of Representatives, March 23, 1838. u , , , . „ ,. Elisha H. Allbn, Speaker. Read and passed, in Senate, March 23, 1838. iM 1 oo looo . , ^- ^- LiTTLEFiELD, President. March 23, 1838. Approved. Edward Kent. Inclosure 4 in No. 3. Mr. Fox to Mr. Forsyth. Sir T u ivc ,. ,. Washington, May 1, 18.38. 97»l, ,.ir • *''t.T°"^t« acknowledge the receipt of your official note of the 27th ultimo in which you inclose to me a communication received by the Federal Sstr'n'"* f™'",*''" ^/?'"*'/.^ ""^ ^«'"'^' "l'°» '»'« «"»>J«ct «f the north eastern Boundary line, and in which you inform me. that th« Prp«:,lpnt ;. ^I!!;"^ ment'of TiS* ""i^'gement with Her Majesty's Government, for the" e'stablish*! Tri I I • ^""""'"^'on of Survey and Exploration, upon the basis of the original American proposition, and of the modifications iffefed by Her Majesty^' n CORRESPONDENGB' RELATlN(f TO THE Government, as communicated to you in my note of the 10th of January last; and you invite me to a conference, for the purpose of negotiating a Convention that shall embrace the above object, if I am duly empowered by my Government to proceed to such negotiation. r ici/ J*"™ ^^^ honour to state to you, in reply, that mv actual instructions were fulfilled by the delivery of the communication which f addressed to you on the 10th of January, and that I am not at present provided with full powers for negotiating the proposed Convention. I will forthwith, however, transmit to Her Majesty's Government the note which I have had the honour to receive from you, in order that such fresh instructions may be addressed to me, or such other steps taken, as the present situation of the question shall appear to Her Majesty's Government to require. I have, Sfc, (Signed) H. S. FOX. »'* No 4. Mr. Fox to Viscount Pahnerston. — (Received March 13, 1839.) (Extract.) Washington, February 23, 1839. I RECEIVED this morning, the inclosed important communication from the Lieutenant-Governor of New Brunswick, containing a Proclamation issued by his Excellency, on the 13th instant, with a report from the authorities of Wood- stock, in New Brunswick, upon which that Proclamation was founded;— and conveying to me the information of an unjustifiable incursion into a part of the disputed territory, situated on the Restook River, by an armed body of men from the State of Maine, acting to all appearance under authority of the Government of the State. Upon receiving this communication from Sir John Harvey, I lost no time in addressmg to the United States Secretary of State, the inclosed official note, in which I have duly asserted the claim of Her Majesty's Government to the exclu- sive right of jurisdiction over the disputed territory, pending the negotiation of the Boundary Question ; and have mvoked the interference of the General Government, to prevent the hostile collision, now imminent, on the north-eastern frontier, by causing the authorities of Maine to withdraw their armed force from the disputed territory, and to desist from all attempt to exercise jurisdiction therein, in obedience to the explicit agreement subsisting to that eflfect between the two Governments. I have, also, since presenting the above note, had, in the course of the day, a personal interview with Mr, Forsyth. I am to have a further conference with Mr. Forsyth to-morrow: and I shall anxiously strive to meet the pacific wishes of the President, if any means may possibly be found of doing so, without detriment or dishonour to vital British rights or interests. In the present condition of things in Canada, and on the Canadian frontier, I am impressed with a sense of the more than usual importance of maintaining peace, if possible, on the border of New Brunswick and Maine. Intelligence from the seat of the present disturbance, by many days more recent than what has been received at Washington, will be conveyed to England by the steamer ;' Great Western," which departs from New York on the morn- ing of the 25th instant. I send the present despatch by a special messenger to New York, to be forwarded by the " Great Western." I shall have the honour agam to address your Lordship, by the steamer " Liverpool," which is expected to leave New York, for England, on the 5th of March. KORTH-AMEBICAN BOUNDARY. m Inclosure 1 in No. 4. Major-General Sir John Harvey to Mr. Fox. iir. Fredericton, New Brunswick, February 13, 1839. I SEND your Excellency a Proclamation issued by me this day. The act of the State of Maine, against which it is directed, is sufficiently explained by the Proclamation to which it has given rise. While I trust there will be found in that document evidence of my determination not to permit any of Her M^esty's subjects in this Province to take the law of reprisal, or resistance to foreign aggression into their own hands ; at the same time aware as you are of the nature and extent of my instructions, I trust that this Proclamation will be regarded as conveying to your Excellercy amply sufficient grounds upon which to rest a strong and energetic appeal to the chief government of a nation, against the conduct of one of its Confederated States, by which one of Her Majesty's Representatives has been placed in the trying position of either failing in the fulfilment of the commands of his Sovereign, or of placing the two Nations in a state of imme- diate and active hostility. I will write to your Excellency more in detail on this ' subject in a day or two. In the meantime, I trust that no protest or remonstrance may be delayed on the part of your Excellency, against a proceeding fraught with consequences so fatal to the peace of the two Nations. I inclose the copy of 'the Report upon which my Proclamation was founded. I have, &c., (Signed) J. HARVEY. -Inclosure 2 in No. 4. . Proclamation by his Excellency the Lieutenant-Chvernor of New Brunswick. WHEREAS, I have received information that a party of armed persons, to the number of two hundred, or more, have invaded a portion of this Province, under the jurisdiction of Her Majesty's Government, from the neighbouring State of Maine, for the professed object of exercising authority, and driving off persons stated to be cutting timber therein ; and that divers other persons have, without any legal authority, taken up arms with the intention of resisting such invasion and outrage, and have broken open certain stores in Woodstock, in which arms and ammunition belonging to Her Majesty were deposited, and have taken the same away for that purpose,— I do hereby charge and command all per- sons concerned in such illegal acts, forthwith to retnrn the arms and ammunition so illegally taken to their place of deposit, as the Government of the Province will take care to adopt all necessary measures for resisting any hostile invasion or outrage that may be attemntcd upon any part of Her Majesty's territories or sub- jects. And 1 do hereby charge and command all magistrates, sheriflTs, and other officers to be vigilant, aiding and assisting in the apprehension of all persons so offending, and to bring them to justice. And in order to aid and assist the civil power in that respect, if necessary, 1 have flrdered a sufficient military force to proceed forthwith to the place where these outrages are represented to have been committed, as well to repel foreign invasion, as to prevent the illegal assumption of arms by Her Majesty's subjects in this Province. And further, in order to be prepared, if necessary, to call in the aid of the Constitutional Militia Force of the country, I do hereby charge and command the officers commanding the first and second battalions of the Militia of the County of Carleton forthwith to proceed as the law directs, to the drafting of a body of men, to consist of one-fourth of the strength of each of those battalions, to' be in readiness for actual service, should occasion require. Given under my hand and seal at Fredericton, the thirteenth day of Feb- ruary, in the year of our Lord one thousand eight hundred and thirty-nine, and in the second year of Her Majestv's re'itru. Bv his Exrollpnov's mmmanfl ° (Signed) WILLIAM F. ODEL. God save the Queen. D2 10 COBRESPONDEXCE RELATING TO THE Inclosure 3 in No. 4. The authorities of Woodstock to Major-General Sir John Harvey. ''* M-p 1 • Woodst'ck, N. B., February 12, 1839. Militia StrsStf„?M •"»''^".'K "'f°r™»tion. that an anned force of the Kestook fnr th "'^ *?""«' consisting of upwards of 200 men, have arrived at fhlA- :\ ^^^ "y^'"'"^ P""'?"''' of drfving off certain persons c iittinK timber on the disputed territory on tHe Uestook, and then proceeding o!l?e disputed territory on the Madawaska. for the same purpose we deem it our dEt„ acquaint your Excellency with these facts ;an5 al o furthS to renort tK Tstef rT"s"car"" ^' ''V^Vt' ^'"'^ Hth^LlXak'tpen inwSol ;• ?•?""' ^'^•' ^H" Connel. Esq.. and Mr. James Sejee. in Woodstock (in which stores a quantity of arms belonging to Her Maiestvtad been deposited for safe keeping.) and toofc away the saicf arCanLmmunition 8^t tCr -1 "V^P.Pr'^' °^ "PPe^'-'S '^' "'"■'J "™«d fore' We Eeg to W::dsto;L:t";'dSrn^^''' "^^ ^^■^•^'^^ ""^--^'^ ^™- ^^^ authonties^n (Signed) R. KETCHUM, Lieutenant- Colonel, JOHN WINS LOW. Sheriff of Carleton, Inclosure 4 in No. 4, ♦ Mr.Fox to Mr. Forsyth. Sir ' rHAVP.i. .1 . , , Washington, February 2Z, \S3^. 1 HA VE this day received a despatch from Major-Genera! Sir John Harvev Lieu enant-Governor of the Province of New Brunswick. containhigX "elosed Proclamation issued by his Excellency on the I3th insUnt. and cSng to me the on thrRell'V •"•'""k"'''" '"'"TI 'r »r* «'' '^' '"''P"t«d teiHto^ry siTua ted ^ctini, »n I ""'' ^^' T "[•""'• i'°''y °^ ^''''''« <■•■«'" t''« State of Maine, acting o all appearance under the authority of the Government of the State. Ihe professed object ol this incurs-on is stated to be, to capture or drive away a party of persons, who are alleged to be trespassing aLcCl timber on lands in the neighbourhood of the Restock River ^ But It IS well known that all that part of the disputed territory is placed under the exclusive jurisdiction of Her Alfajesty's authority ; and tl at h Unfl ll'Tl"^: fe'P''''' "^^T""' '^'^^■^"' *•>« Governments of o'eit Britain casLm BoSary. ' "" "" *^"'' ''"'"'"'="' "'^ ^''^ ^"^''*'°" °'' '^'^ »«'E Her Majesty's officers, therefore, cannot permit any act of authority, such as IS now attempted by the State o^' Maine, to be exercised within the tcSy fn question; and i will become the bounden duty of the Lieutenant-Govenof o" ^; w Brunsw-ick to resist the attempt, and to expel by force the Militia of Maine if the nrcsent incursion be persisted in. "iJiHe. rpnpr.l r'" *''"""' ^'''^"'"f "^^•«. I invoke the immediate interference of the (>neral Governnient of the Un.ted States, to prevent the threatened collision by causing the authorities of Maine to witlidriw voluntarily their Militia Fo ce* and to desist, in obedience to the agreement subsisting between the two Nations! from their present unwarrantable proceedings. ' I avail myself &c., (Signed) H. S. FOX. NOBTH-AMERIOAN BOUNDARY. 21^ No. 5. • Mr. Fox to Viscount Palmerston.—(_Recnved March 26, 1839.) (Extract.) Waahington, March 7, 1889. IN my despatch of the 23rd ultimo, I had the honour to report to your Lordship the course which had been pursued at Washington up to that day's date, with respect to the serious and alarming dispute that has arisen between the Govemmants of New Brunswick and Maine. On the 25th of February, I received from the United States Secretaiy of State, the inclosed official reply to^ the letter which I had addressed to him on the 23rd, a copy of which letter was forwarded to your Lordship in my despatch of the 23td. On the same day I addressed to Mr. Forsyth, in rejoinder to his reply, a second communication, of which I have likewise the honour herewith to inclose a copy. The first part of Mr. Forsyth's letter is devoted to the object of explaining to me that the expedition first undertaken by the Authorities of Maine into the Rcstook district, and which has led to the subsequent hostile movements on both sides, was not a military incursion, and ought not to have been objected to or resented as such, by the Government of New Brunswick ; tliat the expedition consisted of a land agent's party, employed for purposes of civil action, and escorted by an, armed force, only because of the notoriously audacious and refractory character of the trespassers, whom it was the object of the land agent to disperse. The above explanation is, perhaps, to some extent satisfactory; but the part of the quarrel to which it relates has been thrown out of sight by the aggravated character of the subsequent movements. The second part of Mr. Forsyth's letter conveys, a denial, on the part of the Government of the United States, of the existence of an agreement, as understood by Her Majesty's Authorities, respecting the right of exclusive jurisdiction to be exercised by Great Britain within the disputed territory pending the negotiation for a final settlement of the Boundary Question. In the answer which I returned to this part of Mr. Forsyth's letter, I have confined myself to protesting against the ground now assumed by the United States Government. I have abstained from entering into a detailed argument upon the point at issue, until I shall have received a more full instruction from Her Majesty's Government ; and hoping alwavs that an early settlement of- the general question may render this minor point of difference of UtUe or no moment. I am aware that our case, with respect to the right of present jurisdiction does not rest upon any one specific article of contract, guaranteeing to us the exercise of that exclusive right ; but that it rests upon an understood agreement resultmg by rigorous deduction from a long train of facts and admissions, spread over a controversy and correspondence of many years. As it was necessary that my reply should be delivered to Mr. Forsyth on the same day that I received his letter, with a view to its being annexed to the correspondence which was on that day to be communicated by the President to Congress the time did not allow of my undertaking, in detail, an argument of the above character, even if it had appeared advisable on other accounts that I should do so It resulted Irom this correspondence, and from the Special Message whicli on the same day was transmitted by the President to Congress that Her Majesty's Authorities in America were now i)laced directly at issue with the United States Government upon the subordinate point of the boundary con troversy which relates to the exercise of present jurisdiction ; and that if the Lieutenant-Governor of New Brunswick should persevere to carry out his instructions by force of arms, the event would be immediate war between Great Britain and the United Slates. In order to avert honourably, if possible, this precipitate appeal to arms, I pioposct that the I nitcd States Secretary of State and myself should sign provi- sionally a joint agreement, recording our opposite views upon the point at issue- declaring that an understanding upon that point could only be arrived at bv further discussion between the two Governments, and recommending, in the m CORRESPONDENCE RELATING TO THE mean time, a suspension of hostile movements on the part of the Government of New Brunswick, and a voluntary-withdrawal, by the State of Maine, of the armed force which had been marched into the disputed district. The proposal \vas immediately acceded to by the President. The joint agreement, in the form of a memorandum, of which I have the honour herewith to inclose a copy, was signed by Mr. Forsyth and myself on the 27th of Febru, arj'. It was forwarded by me on the same day, by a special messenger, to Sir John Harvey. Major-General Scott, of the United States Army, was despatched from Washington on the 2Sth, the bearer of the same communication to the Governor of Maine; and charged by the President to use every eflfort in his power for the preservation of peace on the north-eastern border ; consistently always with the ground now assumed by the United States Government with respect to the contested right of present jurisdiction, and with their resolution to resist the assertion of that right by armed force on the part of Her Majesty'^ Provincial Authorities. The memorandum was likewise on the san^o day com- municated by the President, in a special message, to both Houses of Congress. I herewith further inclose the copy of an official letter, which I addressed to the Lieutenant-Governor of New Brunswick, conveying my reasons for recommending to his adoption the terms of accommodation proposed in the memorandum. Lhope that this pacific arrangement, in the conclusion of which no time was lost, will have the eflect of averting a collision of arms, until such time as a definite understanding can be arrived at, by discussion, between the two Governments, upon the contested point of present jurisdiction; or until a final settlement of the Boundary Question shall have caused that minor point of difference to disappear. I now proceed to report to your Lordship the proceedings in Congress, that have arisen out of the present dispute. On the 22nd or 23rd ultimo, about the same time that I received the official communications addressed to me by Sir John Harvey, letters were received by the President from the Governor of Maine, calling upon the Federal Govern- ment to support the State of Maine in its resistance to the intended military occupation of the disputed territory by the Lieutenant-Governor of New Brunswick. As a few days then only remained before the termination of the session of Congress, and as, under the view of the existing dispute assumed by the Presi- dent, a case of war might arise before the meeting of the ensuing Congress, — the elections for which will not be completed until next September, — it was judged necessary to lay the whole matter, without delay, before the two houses, and to invite their ooimsel and action thereupon. A special message was accordingly transmitted to Congress on the 26th of February, conveying copies of the correspondence which had passed between the President and the Governor of Maine, and between the Secretary of State and myself. A second special message was transmitted on the 27th, communicating the memorandum which had been that day signed by the Secretary of State and myself. I herewith inclose printed copies of the above messages and documents. Tl;e President, in his language to Congress, assumes, upon the points now at issue, the sani<> ground which had been taken by Mr. Forsyth, in his official letter to me of tliu 2.'}th of February; qualifying the first movement on the part of Maine, as a process of civil jurisdiction rather than a military expe- dition ; denying the existence of an agreement for the exclusive exercise of jurisdiction by Great Britain ; disavowing any right on the part of Maine, to hold military possession of the disputed district ; but declaring, that if the authorities of New Brunswick shall attempt, on their side, to sustain by force of arms the claim to exclusive jurisdiction asserted by Great Britain, the Federal Government will then be bound to assist the State of Maine in repelling such attempt, as an invasion of the territory of the United States. This last proposition is broadly and distinctl/ affirmed ; but the general tone and language of the message are very far from being hostile or unlriendly towards Great Britain. No definite course of action is reconmieuded to Con- giesb, but its alletilion is invited to the subject, in order to obviate the possible necessity of convening an extra session. The President's messages were referred by the two Houses to their Com- NORTH-AMERICAN BOUNDARY. » mittees of Foreign Affairs. The Committees delivered their Reports on the 28th of February. The Report from the Committee of the Senate consisted of four resolutions, reasserting the principal propositions above-mentioned, which had been contained in the President's message. These resolutions were passed unanimously by the Senate on the Ist of March ; an amendment moved by Mr. Webster, the Senator from Massachussetts, of hostile character towards Great Britain, and favour- able to the most violent pretensions of Maine, having been previously rejected by a vote of 26 to 19. The Report from the Committee of the House of Representatives embodied in much stronger language, and with more detail, the same propositions which had been asserted by the President in his message, and by the Senate in their resolutions; and concluded by recommending to Congress, a Bill to clothe the President with additional powers for the defence of the territory of the United States against invasion. This Bill, which forms the most important part of the proceedings of Con- gress, after undergoing some alterations from the original draft by the Commit- tee, was passed in the House of Representatives on the 2nd of March, almost unanimously, by a majority, namely, of 201 to 6. It was on the same day passed unanimously, and without discussion, by the Senate ; and immediately received the assent of the President. The first section of the Bill authorizes the President to resist any attempt, on the part of Great Britain, to enforce by arms her claim to exclusive juris- diction over the disputed territory. Other sections place the following means, for the above-mentioned purpose, at the disposal of the President: — the services of the army and militia of the United States as at present organized ; authority to accept the services, in addition to the above, of 50,000 volunteers .- to arm, equip, and man the whole navy of the United States ; to equip armed steam- boats on the frontier lakes and rivers, for resistance to invasion by Great Britain in that quarter ; to repair and arm the seaboard fortifications ; to raise by loan ten millions of dollars, for defraying the expense of the above armaments. The President is further authorized to appoint a Special Minister to England, to hasten the settlement of the boundary dispute. Such are the principal provisions of the extraordinary Bill which has been passed by the Congress of the United States. It is impossible not to behold therein the evidence of a jealous and unfriendly intention towards Great Britain. A greater parade of preparation need scarcely have been made, if Great Britain had declared a desire to reconquer the United States as British colonies. I feel* however, that the prudent and pacific nature of the President, in whose hands these powers have been placed, and his well-known friendly feelings towards England, will go far to strip the Act of the offensive and mischievous character which it would otherwise have borne. The discussions upon the President's message, and upon the rfports of the Committees, which preceded the passage of the Bill, were distinguished, in both Houses, by unwonted unanimity ; by extreme asperity against England ; and by an unaccountable exhibition of dismay, at apprehended projects of invasion by British power. I also inclose authentic copies of the resolutions of the Senate, of the report from the House of Representatives, and of the Bill for defence against invasion, in the form in which it was finally passed. With reference to that section of the Act, which provides for a Special Mission to England, the President and Mr. Forsyth inform me, that Mr. Steven- son will be instructed to inquire from your Lordship, whether the appointment of such a Mission will be agreeable to Her Majesty's Government ; and whether Her Majesty's Government are of opinion, that the measure would be likely to conduce to a more speedy settlement of the Boundary Question. No decision will be taken by the President until your Lordship's answer shall have been received. It is scarcely necessary to add, that the more warlike clauses of the Bill will not be acted upon, excepting in the positive event of what the Bill qualifies as mvasion of the United States by Great Britain. 34 CORRESPONDENCE RELATING TO THE I i With respect to the contested point of temporarv jurisdiction out of th» recent agitation of which all the prelent excitement his arisen I l^v;™ a^lT *^M^' President will be satisfied, if Her MajestyTGovemTenrshall adopt, for he remaining period of the boundary negotiaUon.tir terms of accommodat.on proposed in the memorandum signed by Mr. Fore^ andrnvself The whole quarrel may. perhaps, by such means, be LnourablvVnd nruS v composed. It would be a deplorable and senseles; act. Hh rti twoTovern^ r^ovrth^ti^i^Ut^tp'itt: ''- --- "^^ — ^- provtitrruS: action'^ThTini^n/ M •'*''' ""''' '■-'"■'^"^ «* Washington from the scene of action, the State of Maine was continuing to march troops into the disputed territory, and every effort was being used by the Authorities to infla^o.i excitement of their citizens. On the side of New Bru" w Lk TtZl ^n? Sf7:h„*''"*xf'''°''""'^"^\'"' y^' ^^^--•^ beyondX £of thrRive bnrir IM •■' """"""i •ntelhgence. however. Of the actual operation, on the border will be conveyed to England by the way of New York ihe present despatch will be transmitted by the steam-shio " Livernnnl " which departs from New York on the 9th instant. ^ Liverpool. Inclosure I in No. 5. Afr. Forsyth to Mr. Fox. ^"' vr^TTt, . , . ■^^/""•''""'^ of State, Washington, February 2."), 1839. lOUR letter of the 23d instant, calling upon the Genenl Gnv^rn™»„f ♦ Ztt '7--"' \^"f ■'"" '^*^'^^" theJoveVumenLTfrew « uSS ,3 the Mate of Maine which you apprehend will be the consequence oT a recent attempt made by the State authorities to expel trespassers upon the public lail m the terntorv in dispute between the Governments of the United States arS Her Britannic Majesty, has been laid before the President, wh^after a careJil examina ion of its contents, has instructed me to reply that your own note nn J the proclamation of Sir John Harvey, the iJeutenanUGovernrof New Bruns wick, which was sent with it, have been both prepared under erroneous im, res Jions as to the facts of the transaction to whi?h they re Je SZun c C from the Government of Maine enable me to state you that the recent move ment m he disputed territory was founded upon a reLlution of t^ie Leg sC' a copy of which IS herewith inclosed. You will perceive that no miS occul pationof the territory was contemplated, the sole object having been oTemove ^espassers who. in violation of the right of propertv, to whomsoever t may belong, and he declared intentions of b9th Governments, were gradual yS hourly dnninishing Its value From the-authority given io the tgen"s of he State of Maine, and from information of an undoubted authenticity.lt is known that the persons engaged m this affair, although armed, from an apprehension of resistance Irom tlu. large body of armed lawless aggressors on the pulS domain were no detailed from the militia of the State for that purpose burwe^e employed by he land agent of Maine and one of her sheriffs. wKere to dS and control all their movements. Had the sole and avowed object b^en accmn pished, the party would have immediately withdrawn, leaving the territo^ in all other respects, m the condition in which it was fou/id by them Th U term " nation of he enterprise has been thus far suspended by the uneKpectcd sei"ure and detention of the land agent of Maine, who was arLted by tfe trespasse s when in the act of putting h mself in communication with the agent ottle Government of New Iru.iswick. appointed by that Govcrnmenf to wat 'h the trespassers he had hi.nselt been directed to arrest or drive off Sic Majesty 8 Government cannot be surprised, however much is it mnvr.^Vof with the President that Maine has tLglii herself ;om",e,e to ado'nt s'one I] A ' u Vr>',''''^""^''\^=^-'""a'y »' Sl'^t'-". ai)prizcd the J3ritish Vninister" Sir Chades R. Vaughan, on the occurrence of similar, but less exte i e vioL Uons oi the property ,n ciuestion, alleged to have been authorized by the Coloniai NORTH-AMERICAN BOUNDARY. % Government, that, if such trespasses were authorized or cpuntenanced on the disputed territory. It was not to be expected that the State of Maine would abstain from the adoption of preventive measures. It is true that, in the present instance, the trespassers were not believed to have been either countenanced or authorised by Her Majesty's Colonial Government, but that circumstance would Itself, lead to some surprise at the excitement produced by an act equally required by the interests of both nations. Sir John Harvey has. indeed, subse- quently taken measures which prove his own conviction of the necessity of interference on the part of one or both Governments to arrest a systematized plundering of the public domain. The President hopes, therefore, that, as you wiH perceive that tliere was no military occupation attempted ; that the object in Sri„rr^''"^ r "'• '^^ "^^^T^y °^ '* ''^'"S acknowledged by the^ac o" Sir John Harvey ; that, as soon as the purpose is accomplished, the agent and his Msistan swill, as heretofore on like occasions, be withdrawn, that vou S ;« nl' Jt difficult to satisfy Her Majesty's Colonial authorities that thtrc^n be S-r^n? in ft"" "" 'TT :«'|th Maine, growing out of the renewed exercise, on her part, of an oft-asserted right due to herself, and useful, in this instance, to Her Majesty s Government, whatever may be the result of the pending negotiate" especially on the supposition that the territory in question should hereafter be himself from the known disposition and long-tried forbearance of the State authorities that he will find it easy to prevent any military array on the terrUo^ on the part of Maine or procure the voluntary disbandment of" any miht a thS may have been brought together from the apprehension of a collision with the Colonial Government. The propriety of the prompt release on each side oi the agents of the State and/coLiall Govern^mentJ. who haVe been arl^^^^^^^ J. S^w*"*''''*Tl'"'"^" *""*"'»' misapprehension, is so obvious, that ilre^Jy Vone.' ^ "^ '''" ^" respectively set at liberty, if that has not been r.;thnl,Tfi^ ^'""^ T ?'**'V® *° ^^ *''»'« to conclude this communication TMthout further remark ; but there is another error in your letter, of so erave a madTit'[;.'ni^"'°'^ '" possibility of a misappreheLon, the'PreKleThaJ ^l*'\ '."<=""??»* "P°n me to call it to your especial notice. It is the assertion hat "1 18 we 1 known that all that part of the disputed territory is placed under linTn T' jurisdiction of Her Majesty's authority ; and that it s Cd ?o re rn ?pH%^.'''P''"*,''P!'"'"* '^t*""" *•'« Governmentsof Great Britain and the diry •• Scret i'^'t'"'!,''"''T* "^ '^' 'i"^^^'''" "^ ^''^ north-eastern bo^n UveW tlStlS . "^' • ^^'''''SK on several occasions, to prove argumenta- rid t o^fu .2oin "''* controvert; but the question of title, and of the right ot jurisdiction as consequent thereon, or as resulting from the ore- It^lTcT '^'"'f' ^^ "^"^ ^ ^"^J^^* of '^^'^^^^ coniove™y betw^eS* daimr ?TT'"*'' '" TP''}J-^ ^hich neither has released or waivedTts madTor tnvn " any rdmquishment of right of jurisdiction having been made or any agreement either express or implied, entered into on the part of the Government of the United States, of the nature alleged by the Lieut?nMi?- It will appear from the whole course of the correspondence between the two fasTrSlr'^nf "^' ?™"^ V """ °' y'""^' ^'^'^ '"^^'^^ U'e United StaTe^ ihe eSroMhe rr."ht JTr' °r''°"'' '°^^"?°'y P™^^«t«d as well against Sercisf the^nf . nLT *^^ ^"'""^^ possession and jurisdiction as to the trSe and^^thp TT »K!^''"y?.^f'P'''°""^'°" ^^^^^'^^ that both belonged o SJe Preshleit tn 1^" ®/"''';- ^^'' T^'l^'''' now made, therefore, appears full exnl/nMiln f .1, ° extraordinary, that I am instructed to ask from you a b dSv to ?he rfnl'l^^rvil "P?!^ ''^''^ 't is placed, as the President owes it £ sourop nnH .1 / i^^ ^^^^^ Governments, that the error may be traced to H^l.rtK '. '^ ^^^^ ^^1^""° Governments may know distinctly, and without or fia^ cnn?; ''''"' V^r ""'l^^t^ndins on this point, that^no unfortunaJe SespecUo^; TT/ '^"^K'^rS Jrotn any misconception on either side in menfcTnT" '°"I'T'' ""'^ ^he rapidity with which Her M^^^sty'roivera. M.S stj's^l^^^^^^^^ on all tions arising with this GoveraieS. or in H™ majesty 8 possessions, the President believes that this state of the question li CORRESPONDENCE RELATING TO THE ■hould, of itself, fiirniih an amply aufficient reason to prevent any hasty action on the part of the Colonial Government, which may lead to results fatal to the good understandmg, and eminently hurtfiil to the prosperity of the two countnes. r r j I cannot take leave of this suhjecl without adverting to the delay of Her Majesty s Government m making some decisive proposition to advance the final settlement of the question of boundary ; thus exposing the two Govemmente, as the present condition of things on the frontier too clearly shows, to conse- quences which neither can look to without pain, and full of mortification to that one to whom any unnecessary procrastination may be justly attributable. I avail myself of the occasion to offer you assurances of the high respect and consideraUon with which I have the honour to be your obedient servant. (Signed) JOHN FORSYTH. Inclosuie 2 in No. 5. Mr. Fox to Mr. Forsyth. ^"■' Woikington, February 25, 1839. I HAVE the honour to acknowledge the receipt of your letter of this day's date, written m reply to a communication which I addressed to you on the 23rd mstant, upon the subject of the dispute that has arisen between the Govern- ments of New Brunswick and Maine. With reference to that portion of your letter which treats of the question of actual junsdiction, pending the negoUaUon for the Settlement of the disputed boundary, I deeply regret to find that the Government of the United States is now placed directly at variance with the Government of Her Maiestv in its understanding of that question. ' j «* '« I shall lose no time in transmitting your letter to Her Majesty's Govern- ment, m order that I may be enabled to convey to you, if necessary, a full know- ledge of the views and intentions of Great Britain upon this part of the subject. 1 confine myself, for the present, to protesting, in the most formal manner against the views set forth in that part of your letter to wWch I am referrinit I adopt this course in preference to entering at once into a detailed discussion ot the matter, because, m the first place, 1 shaU best be able to do so after t direct communication with my Government; and, in the second place, because 1 entertain the hope that an early settlement of the general question of the dis- puted boundary may render this subordinate point of difference of Uttle moment. I avail myself of this occasion to renew to you the assurance of mv hieh respect and consideration. ' ^ (Signed) H. S. FOX. Inclosure 3 in No. 5. MEMORANDUM. W(ukmgton, Ftbruary 27, 1839. HER Majesty's authorities consider it to have been understood and agreed upon by the two Governments that the territory in dispute between Great Bri- tain and the United States, on the north-eastern frontier, should remain exclu- "TIL""***' ^"'^ jorisdiction until the final settiement of the boundary The United States Government have not understood the above agreement m the same aense; bat, on the contrary, ooniider that there haa been no agree- N0BTII.AME1U0AN BOUNDARY m; ment whatever for the exercise, by Great Britain, of excluaive jariwJiotion over the disputed temtory or any portion thereof; but a mutual unaerstanZ! thiJ pending the nespUabon. the junsdicUon then exercised, by dth«lJ«t7 o^^ •mall portion, of the temtory in dispute, should not be eJlarwd CTfi SJ^ S^rr TTlf ^°' ^''r P"''''"'''»'«P t '°*=''' tranquillity and the public proL^T both forbearing, a. far as practicable, to exert any authority ; and whK; •hould be exercised by either, placing upon the conduct of ead^ Xr tSi nS? favourable construcuon. *"" '™*"* A complete understanding upon the question thus placed at issue fof nre. wnt junsdicUon) can only be arrived at by friendly discussion baTwi^n'^.fcl Governments of the United States and Great Britain • !^uTi.rZV^ .^ hoped that there will be an early settlement of the'^^.leS'q^UcS. ZS dmate pomt of difference can be of but litUe moment. H-w"™* iiui auDor- In the mean time the Government of the Province of New n.„».«,:.i, j the Government of the State of Maine will act ^ZTJ E^'iSZ^Jtsi^ will not seek^lo expel, by military force the armed party whichS b2« i„»T! Maine into the district bordering on the AroostookV^erT but t?e oSJe^ent of Maine wiU, voluntanly and without needless delay, withdraw iKvo^fS bounds of the disputed territory, any armed force now rtHtbl^^nn ir foture necessity shall ^ise for di^ersi/g any notSus treHp^" /oJor^^ public property from depredation, by armed force, the o,£rati"n shXlTcin* aucted by concert, jointly or separately, according to agreement betw^nX Governments of Maine and New Brunswick. afcreement Oetween the The dvU officers in the service. respecUvely, of New Brunswick and Main* who have been taken into custody by thropposit^ parties. sKreleM^™'' Nothing in this memorandum shall be conslrued to fortify or to w^^n in ^uXeS^"' '""^ ^'''^ °' ''''^' ^-'y ^° '^^ ultimat/^.i:..ra'M The Minister Plenipotentiary of Her Britannic Majesty having no .n.oifi« authonty to make any arrangement on this subject. SundeSll caToMv recommend as they now earnestly do. to the GivemmentsTfX flmnsS and Maine, to regulate the r future proceedines according J ♦/;/. ""'"»**'*''* before set forth, until the final settlement ofTe tStor?afdrsnut« TJ1\T GovernmenU of the United States and GrSit STaX^U mT . ^ "?ii*^'' conclusion on the subordinate point upon ?hlh"Ley JrenoTat Ire"' '''^"'^ (Signed) H. S. FOX, Jier Bntannic Majesty's Envoy Extraordinary and Minister Ptenipotentiary. (Signed) JOHN FORSYTH. Secretory of State of the United States of Ar^ca. Inclosure 4 in No. 5. Mr. Fox to Sir John Harvey. Sir ' I RETFTVPn *u no . • Washington. February 27, 1839. Ihe two Grovernmenta arw thno nlac"! "-«~*-ji- -^ • .... dmate branch of the BoundaVJ 0,Zjl'^'"' /f^"'^"!^ ^ '^'^' «i»Q WW -ubor- free discussion between them th^^^^^^^^^ negotiation and ijisue can be arriJed^! ' "^"^ * ^^^^ understandmg upon the point at £ 2 » CORRESPONDENCE RELATING TO THE In this state of the affair, I think it best becomes us, as the servants of a Sovereign whose generous forbearance is unequalled in the history of nations, to refrain from further uction. until time shall have been afforded to Her Majesty's Government, to attempt the adjustment of the difference by friendly means. Governed by these feelings, I have this day agreed to and signed, with the Secretary of State of the United States, the inclosed Memorandum, containing terms of accommodation which we recommend to the adoption, respectively, of your Excellency and of the Governor of Maine. I am aware, considerinj; the nature of your instructions, of the grave responsibility which you will mcur by acceding to the proposed terms of accom- modation; but, I think, that in the present conjuncture such responsibility ought to be fearlessly met ; and any share thereof that shall fall upon me, for the advice which I am now giving, I will cheerfully accept. We shall be making a large and generous concession to the pretensions of the people of Maine, by admitting the question of present jurisdicyon to be in any way open and debateable ; but I deem the concession worth making, if it enable us to preserve peace honourably between the two countries. The question of present jurisdiction is after all, from its nature, subordi- nate and provisional ; it will cease to be any question at all as soon as the boundary controversv is determined. And surely it would be a lamentable act of imprudence if, while the two Governments are gravely, and in a friendly spirit, negotiating the general question of disputed boundary, the nations should rush to war in order to decide the inferior point, of which of them shall in the mean time exercise temporary jurisdiction within the district in dispute. The duplicate of the inclosed memorandum is forwarded to the Governor of Maine who, I have no doubt, under the recommendation of the President, will comply with the terms proposed, if your Excellency shall be willing equally to accede to them. I have, &c., (Signed; H. S. FOX. Inclosure 5 in No. 5. Message from the President of the United States upon the subject of the present state 0/ affairs between the State oj Maine and the British Province of New Brvnswiek. To the House of Representatives: Washington, February 26, 1839. I LAY before Congress several despatches from his Excellency the Governor of Maine, with inclosures, communicating certain proceedings of the Legislature of that State, and a copy of the reply of the Secretary of Slate, made by my direction, together with a note from II. S. Fox, Esq., Envoy Extraordinary and Minister Plenipotentiary of Great Britain, with the answer of the Secretary of State to the same. It will appear from these documents, that a numerous band of lawless and desperate men, chiefly from the adjoining British provinces, but without the authority or sanction of the Provincial Government, had trespassed upon that portion of the territory in dispute between the United States and Great Britain which is watered by the river Aroostook, and claimed to belong to the State of Maine ; and that they had committed extensive depredations there, by cutting and destroying a very large quantity of timber. It will further appear that the Governor of Alaine, having been officially apprized of the circumstance, had communicated it to the Legislature, with a recommendiition of such provisions in addition to those already existing by law, as would enable him to arrest the course of said depredations, disperse the trespassers, and secure the timber which they were about carrying away; that, in compliance with a Resolve of the Legislature, passed sn pufsuaace of his fccommcndaiion, his Excellency had despatched the land agent of the State, with a force deemed adequate to that puii)08e, to the scene of the alleged depredations, who, after accomplishing a NOBTHAMERIOAN BOUNDARY. S».' Eart of hit duty, waa seized by a band of the trespasiera. at a house claimed to e within the jurisdiction of Maine, whither he bad repaired for the purpose of meeting and consulting with the land agent of the province of New Brunswick, and conveyed as a prisoner to Frederickton, in that province, together with two other citizens of the State, who were assisting him in the discharge of his duty. It will also appear that the Governor and Legislature of Maine, satisfied that the trespassers had acted in defiance of the lawa of both countries, learning that they were in possession of arms, and anticipating (correctly, as the result has proved) that persons of their reckless and desperate character would set at naught the authority of the magistrates, without the aid of a strong force, had authorized the sheriff and the officer appointed in the place of the land agent, to employ, at the expense of the State, an armed posse, who had proceeded to the scene of these depredations, with a view to the entire dispersion or arrest of the trespassers, and the protection of the public property. In the correspondence between the Governor of Maine and Sir John Harvey, Lieutenant-Governor of the province of New Brunswick, which has grown out of these occurrences, and is likewise herewith communicated, the former is requested to recall the armed party advanced into the disputed territory for the arrest of trespassers, and is informed that a strong body of British troops is to be held in readiness to support and protect the authority and subjects of Great Britain in said territory. In answer to that request the Provincial Governor is informed of the determination of the State of Maine to support the land agent and his party in the performance of their duty ; and the same determination, for the execution of which provision is made by a resolve of the State Legislature, is communicated by the Governor to the General Government. The Ijeutenant-Governor of New Brunswick, in calling upon the Gover- nor of Maine for the recall of the land agent and his party from the dis- puted territory, and the British minister in making a similar demand upon the Government of the United States, proceed upon the assumption that an agree- ment exists between the two nations, conceding to Great Britain, until the final settlement of the Boundary Question, exclusive possession of, and jurisdiction over, the territory in dispute. The important bearing which such an agreement, if it existed, would have upon the condition and interests of the parties, and the influence it might have upon the adjustment of the dispute, are too obvious to allow the error upon which this assumption seems to rest, to pass for a moment without correction. The answer of the Secretary of State to Mr. Fox's note, will show the ground taken by the Government of the United States upon this point It is believed that all the correspondence which has passed between the two Governmenu upon this subject has already been communicated to Congress, and 18 now on their files. An abstract of it, however, hastily prepared, accom- panies this communication. It is possible that in thus abridging a voluminous correspondence, commencing in 1825, and continuing to a very recent period, a portion may have been accidentally overlooked ; but it is believed that nothing has taken place which would materially change the aspect of the question as therein presented. Instead of sustaining the assumption of the British func- tionaries, that correspondence disproves the existence of any such agreement. It shows that the two Governments have diffiered not only in regard to the main question of title to the territory in dispute, but with reference also to the right ot jurisdiction, and the fact of the actual exercise of it in different portions thereof. Always aiming at an amicable adjustment of the dispute, both parties have entertained, and repeatedly urged upon each other, a desire that each should exercise its rights, whatever it considered them to be, in such a manner as to avoid collision, and allay, to the greatest practicable extent, the excitement likely to grow out of the controversy. It was in pursuance of such an understanding that Maine and Massachusetts, upon the remonstrance of Great Britain, desisted from making sales of lands ; and the General Government, from the construc- tion of a projected military road in a portion of the territory of which they claimed to have enjoyed the exclusive possession ; and that Great Britain, on Her part, in deference to a similar remonstrance from the United States, sus- pended the issue of licenses to cut timber in the territory in controversy, and also the survey and location of a railroad through a section of couutry'over , Which she also claimed to have exercised exclusive jurisdiction. The Stale of Maine had a right to arrest the depredations complained of; li I h ■ ;! i I '1 «f CORBMPONDKNCB RBLATINO TO TIIE U belonged to hw to Jadgc of Um nigenev of the occuion oaiing for her inter- grence; and it » pre«imed. that bad the Ueutenant-Governor of New Bnmawick been correctW adviMd of the nature of the proceedinn of the Stat* of Maine, he would not have regarded the transaction a. itquiring. on hi. part, any iwort to force. Each partjr claiming a right to the territory, and heniTto the excJuaive juriadicUon over .t. it is manife-t that, to prevent the detraction tin,-?„ 'i ? treip««er.. acung against the authority of both, and at the same ^e avoid forcible «>lhaion between the contiguous GovernmenU. during th« pendency of negotiations concerning the title, resort must be had to the mutual exercise of junsdiction in such extreme cases, or to an amicable and temporary arrangement as to the hmits within which it should be exercised by each partv The understanding supposed to exist between the United Stales and Great Britain has been found heretofore sufficient for that purpose, and I believe wiU prove so hereafter, if the parties on the frontier, dirictly interested in the quesuon. are respectively governed bjr a just spirit of conciliaUon and forbear- ance. II It shall be found, as there is now reason to apprehend, that thertj is. in the modes of construing that understanding by the two Governments, a difference not to be reconciled, I shall not hesitate to propose to Her Britannic Majesty s Government a distinct arrangement for the temporary and mutual exercise of jurisdiction, by means of which similar difficulties may in future be prevented. ' But, bttween an effort on the part of Maine to preserve the property in dia- pute from destruction by intruders, and a military occupation by that State of the territory, with a view to hold it by force, while the settlement is a subject of negotiation between the two GovernmenU. there is an essential difference, as well in respect to the position of the State as to the duties of the General Government. In a letter addressed by the Secretary of State to the Governor -I, i.T*i u" ^! ,'" ?^ March last, giving a detailed statement of the steps which had been taken by the Federal Government to bring the controversy to « terminaUon, and designed to apprize the Governor of that State of the viaws of the federal Executive in respect to the future, it was stated, that while the obli- gations of the Federal Government to do all in its power to effect the settlement u? f°"°**"'y <^"f?*»on *«re ''""y recognised, it had. in the event of being unable to do so specifically by mutual consent, no other means to accomplish that object amicably than by another arbitration, or by a Commission with an umpire in the nature of an arbitration ; and that, in the event of aU other mea- •ureo faihng, the President would feel it his duty to submit another proposition to the Government of Great Britain to refer the decision of the question to a third Power. These are still my views upon the subject ; and. until this step •hall have been taken. I cannot think it proper to invoke the attention of Con- gress to other than amicable means for the settlement of the controversy or to ^use the mihtary power of the Federal Government to be brought in aid of the btate of Maine, in any attempt to effect the object by a resort to force. On the other hand, if the authorities of New Brunswick should attempt to enforce the claim of exclusive jurisdiction set up by them, by means of a military occupation on their part, of the disputed territory, I shall feel myself bound to consider the conUngency provided by the constitution as having occurred- on the happening ol which, a State has the right to call for the aid of the Fede. ral Government to repel invasion. I have expressed to the British Minister near this Government a confident expectaUon that the agents of the State of Maine, who have been arrested under an obvious misapprehension of the object of their mission, will be promptly released ; and to the Governor of Maine, that a similar course will be pursued in regard to the agent of the province of New Brunswick. I have also recom- mended that any militia that may have been brought together by the State of Maine, from an apprehension of a collision with the Government or people of the British province, will be voluntarily and peaceably disbanded. I cannot allow myself to doubt that the results anticipated from these representations, will be seasonably realized. The parties more immediately into- rested cannot but perceive that an appeal to arms, under existing circumstances. Will not nnlv nrnvp fatal tn thaif nraoon* ;nt«u«4- l—.t. i i ■- . deteat, the attainment of the main objects which tliey have in view. The very incidente which have recently occurred will necessarily awaken the Governments 111 NORTH-AMBMCAN BOUNDAST. H to the importance of promptly adjunting a diapute, by which it it now mtde manifest that the peace of toe two nations is daily and imminently endangered. This expectation is further warranted by the general forbearance which has hitherto characterired the conduct of the GovemmentH and people on both Hides of the hnc. In the uniform patriotism of Maine, her attachiueiit to the Unioa, her respect for the wishes ol the people of her sister States, (of whose interest in her welfare she cannot be unconscious,) and in the solicitude felt by the country at kkrge for the preservation of peace with our neighbours, we have a strong guarantee that she will not disregard the request that has been made of her. As, however, the session of Congress is about to terminate, and the agency of the Executive may become necessary during the rccets, it is import* ant tbat the attention of the Legislature should be drawn to the consideration of such measures as may be calculated to obviate the necessity of a call for an extra session. With that view, I have thought it my duty to ky the whole matter before you, and to invite such action thereon as you may think the occa. ■ion requires. (Signed) M. VAN BUIIEN. IncloBure 6 in No. 5. The Oovemor of Maine to the President of the United States. SJf» Executive Department, Augusta, February 18, 1839. I HAVE the honour herewith to inclose the Grovemor's message to the Legislature of this State on the 24th ultimo ; resolve of the Legislature thereou; message of the 1 3th instant, and resolve of the same date ; message of the 18th instant, and resolves passed by the House of Representatives of the same date ; a proclamation issued by Sir John Harvey, Lieutenant-Governor of New Brunswick, on the 13th instant ; and a letter received by express from him this morning, also dated February 13. By these papers you will learn that the Honourable Rufus Mclntire, while engaged in the service of this State, as land agent, in endeavouring to expel, from lands bordering on the Aroostook River in this State, a body of armed men, principally from the British provinces, who were engaged in cutting the timber, in defiance of the authorities of this State, has been seized, with Gustavus G. Cushman and Thomas Bartlett, Esquires, who were aiding the land agent in mis service, and have been transported to Fredericton, the capital of New Brunswick. The nuinner in which this was done I have described in my mes- sage to the Legislature of this day. It was, to say the least of it, grossly insulting to Mr. Mclntire, and is such an indignity to the State and the nation as cannot and ought not to be submitted to. These gentlemen have been seized upon territory which is regarded by Maine as having always been within her exclusive possession and jurisdiction, as will appear by a few of the facts alluJed to in my message. You will perceive, by the proclamation and letter of Sir John Harvey, that he assumes the extraordinary position that the British Government, by an agreement with the Government of the United States, is entitled to the exclusive possession and jurisdiction of the whole disputed territory until the question of right shall be settled ; and that he has ordered out a large military force to expel the party in the service of the land agent from the territory, caUing the proceeding on our pMt an invasion of Her M^esty's province of New Brunswick. In thia^ state of things, I have to inform your Excellency that our citizens, now upon this terntory, engaged in the service of the Stote, will not leave it without accom* plishing their object, unless compelled to do so by a superior force ; that one thousand draughted militia wiU march for the Aroostook on Wednesday, the 2 1 st uistant, to aid and assist the land agent in carrvin"' into eSect the !«ao!ys sf the ?i?*^ °i "?"*T^- ' ^^^^ also forthwith proceed to order a further dniught of tne muitia of at least ten thousand men, who will hold themselves in instant readiness to march. Such fiirtber measures as it may be found necessary to KB COBRESPONDENOE RELATING TO THE take, to maintain the rights of this State in the premises. I assure your Excel- liirperS ^ '" '"'''■ '"^ '^''' ^''•^ ^ '""'^^ P™™P^«««» ^ ciSsS -« t?"r^' '" ^n this State there is but one feeling upon this subiect- ;? a t J'„°n/'P";?^""'i°" at the outrages that have beL perpetrlt^.^a^d tn fu ?i If^y'^Wing, determmation not to submit to the degrading terms proposed by the Lieutenant-Governor of New Brunswick-that ot" withdraS from the Aroostook territory, and abandoning our soil to forcignm S ouf property to a band of armed plunderers. lorcigners. and our I have, &c., (Signed) JOHN FAIRFIELD, Oovemor of Maine. Inclosure 7 in No. 5. Message from the Oovemor of Maine to the Senate and House of RepresentaHves. rwr .3. 1^... , « Council Chamber, January 23, 1839. work On^n '*"' n™"*^ ?'^" '' '' ^*™'»»«'* *•>"*' «re fmm forty S fifty men a? work. On Green River, from twentv to thirtv Dn VicU u- ^ i" "'i} men at oxen. The quantity of timber whTch Se re' pass^'^^"^^^^^^^ p^e'sS':.?' ter 18 estimated in value, by the land agent, at lOO.MO ddlars ^ ^'"" propeTlrbu^lL'^hSr^^^^^^ Srls c^ itre'S^-' '^.T''' ''' of law. as well as the sanctity of right cannS uVuVhllnn; ! «»Femacy naught with impunity, witho/t impa'i^bg the genera autSTof th^P ""' '' ment and inviting renewed aggresiions o'n the'part of ^a^ng?^^^^^^ denrpir' '° ""f^ST.^ ^^^^ high-handed al that cxhibiferby these re"^^^^^ agent^sf U!s:rss% rarily, the place of Mr. Mclntire, and lead on the expedition. I have also despatched a special messenger to Sir John Harvey, Lieutenant- Governor of New Brunswick, for the purpose, among other things, of ascer- taining whether these high-handed proceedings of the trespassers are authorized, or in any way countenanced by the Provinciid Government ; and to procure the release of the agent and those taken with him. The agent was also charged with other matters pertaining to this most extraordinary and outrageous proceeding. The facts above related, except in relation to my own doings, have been communicated to me verbally by the Sheriff of Penobscot, who formed one of the company of the land agent. This is the only communication from the land agent or his company which I have had, verbally or otherwise, that could be relied upon. (Signed) JOHN FAIRFIELD. tin NOBTH-AMBBICAN BOUNDARY. 36 Inclosure 10 in No. 5. STATE OF MAINE. Resolve in relation to the North-Eastern Boundary. Resolted, That the Governor be authorized to appoint, when circumstances in his opinion require it, some person or persons to supply, temporarily, the place of the land agent, in executing the Resolve of the 24tb of January last, rdating to trespassers on the public lands. And the person or persons thug appointed shall, for the time being, have all the power, and be subject to all the duties of the land agent, so far as it regards the resolve aforesaid. In the House of Representatives, February 16, 1839. Read and passed. (Signed) H. HAMLIN, Speaker. In Senate, February, 16, 1839. February, 16, 1839. Approved: Read and passed. (Signed) JOHN PRINCE, President. (Signed) JOHN FAIBiFIELD. State of Maine, Secretary's Office, Augusta, February 18, 1839. I HEREBY certify that the foregoing is a true copy of the original on file ia this office. Attest : (Signed) A. R. NICHOLLS, Secretary of State. Inclosure 1 1 in No. 5. Message of the Governor of Maine to the Senate and House of Representatives. Council Chamber, February 18, 1839. SINCE my last communication to you upon the subject of the trespasses upon the public lands, there has been forwarded to me a proclamation purporting to have been issued by the Lieutenant-Governor of the province of New Brunswick, which I deem it my duty to communicate to you, with a statement of my proceedings consequent thereon. By this proclamation, it seems that while the Lieutenant-Governor disavows any authority from his Government for the seizure oi the land agent, he yet speaks of the attempt of the civil authorities of this State to drive a band of armed trespassers off our public lands as "an outrage" and an invasion of the territory of the province of New Brunswick ; and avows the fact of having ordered " a sufficient miUtary force" to repair to the place where the land agent's party are endeavouring to execute your Resolve of the 24th of January, and to repel wliat he thus regards as an invasion of the province of New Brunswick. Immediately upon the receipt of this extraordinary document. I took mea- sures to hasten the departure of the land agent's party, understood to have been assembled at Bangor, awaiting orders, and numbering between four and five hundred men ; and also issued an order to Major-General Isaac Hodsdon, of the third division, to detach one thousand men, by draught or otherwise, properly officereli men, who will hold thenuelves in instant readiness to inarch to the fronUer should circumstances require it. «"""or, I have not yet called upon the President of the United States for aid in repelling the invasion of our territory by foreign troops, deeming it proper to postpone that step unUl the return of Colonel Rogers from his special mission to t rederickton, or at least until some information should be received from him, Sr'wiI'uPT.''"^'^' ^"^ "." ^"'■•y ^ '^^ 20th or 21st inst. If, however, you should think otherwise, and that no delay should be allowed for this purpose, an mtimation to that effect will be promptly obeyed. If I have not entirely misconceived the circumstances of the case presented for your consideration, it is one calculated to excite the deepest feeling in the breasts ol our citizens, and calls for the most prompt and determined action on the part of this Government. What is that case? You were informed that a large number of armed and desperate men. from a neighbouring province, had forced themselves mto the territory of this State, with a fixed purpose of cutting a vast amount of timber, and of resisting, even unto blood, any attempts to arrest them m the prosecution of their unhallowed object. Deeming it your duty to make an effort to protect the interests of those who had confided them to your care, you instructed the land agent to proceed to the scene of devastation and plunder with a sufficient force to arrest those who were engaged in it. and to break up their daring and wicked enterprise. While in the act of executing this order, the land agent was seized, transported beyond the bounds of the State, and finally carried upon a sled, like a felon, and under the guard of provincial troops, to the capital of New Brunswick, for trial. Could a greater indignity be offered to any people having a particle of sensibility to its rights and Its honour, or to the sacredness of the pei-sonal liberty of its citizens ? It is true that the Lieutenant-Governor denies that the original seizure was by authority. But at Woodstock the magistrates took cognizance of the affair; sanctioned the proceedings by issuing a warrant, (acting, undoubtedly, under the authority of «ie proclamation.) and sending our citizens under an ignominous escort to *rederickton. Really if there be any apology or justification for this treatment of our citizens It is not to be found in any code of international honour or comity with which I have been acquainted. Not only this, but it seems Uiat a military force is sent into a part of the territory of this State, to expel from it a civil force sent thi-re by this Govern- ment for the protection of its property. How long are we thus to be trampled upon ; our rights and claims derided ; our power contemned ; and the State de- graded? If there ever was a time when the spirit of independence and self- respect should assert itself, that time is the present. We cannot tamely submit to be driven from our terntory while engaged in the civil employment of looking MTd'^s P''"*^''*'"^ ""'■ P^P^'ly' without incurring a large measure of ignominy No palliating circumstance for this outrage can be found in even a pretence that the place where it was committed is within the concurrent jurisdiction of the two Governments, much less that the British Government have had exclusive jurisdiction. Lands even higher up, and beyond this, were sur- veyed and granted by the State of Massachusetts more than thirty yars ago ; and Massachusetts and Maine have long been in the habit of granting prmits to cut timber upon these Aroostook lands without being, to my know- ledge, molested from any quarter, to say nothing of the sales and actual occupa- tion of the land itself. *^ It must be gratifying to all who have a true sense of the honour and interests of the State to perceive that, upon this subject, the din of party warfare is hushed, and that a unanimity has prevailed alike honourable and patriotic. No inter- ruption to this commendable spirit, I trust, will, be suffered. Union and good frehng. no less than prudence and energy, are absolutely necessary in this extraordinary emergency. (Signed) JOHN FAIRFIELD. Since writing the foregoing, I have received a communication from the . fi'.5,enp,nt-,TOvcrr.or r,t the province of New Brutiiiwick, in which he sets up an alleged agreement thai the British Government shall have exclusive jurisdiction and possession of the disputed territory until the question be set' •# NORTH-AMERICAN BOUNDARY. ^T' tied } and informs us that he is instructed not to suffer any interference with that possession and jurisdiction. He entreats us to withdraw the land agent's parly, and adds, that he has directed a strong force of " Her Majesty's troops to be in readiness to support Her Majesty's authority, and protect Her Majesty's subjects in the disputed territory, in the event of tliis request not being immedi- atelj complied with." In regard to all this, I have only to say that, for one, I see no reason to doubt the entire correctness of the course we have thus far pursued, and tliat with the blessing of God, I trust we shall persevere. ' ' No such agreement as that alluded to by the Lieutenant-Governor can be recognised by us ; and it is an entire misapprehension, to say the least of it that such an agreement has ever been made. ' The letter having been written before Mr. Mclntire reached Frederickton, no official communication is made as to the course intended to be pursued in regard to him and those arrested with him. I learn, however, indirectly that they are to be retained. ' I am ini'ormed that the land agent's party have stationed themselves, for the present, at the termination of the Aroostook road. While there, Mr. Mac- lauchlan, the provincial land agent, presented himself, and, in the name of Her Majesty, warned the party to disperse. Mr. Maclauchlan and his two assistants were, thereupon, taken into custody ; and the agent, with one assistant, imme- diately sent to Bangor, where they are now detained. Copies of the proclamation and letter of the Lieutenant-Governor of New Brunswick are herewith communicated. (Signed) JOHN FAIRFIELD. Inclogure 12 in No. 5. Resolves of the Legisiature of Maine. STATE OF MAINE. An additional Resolve relating to trespassers upon the public lands. Resolved,— Th&t the Governor be requested forthwith to communicate to the President of the United States the measures recently adopted by the State of Maine in relation to the trespaises on the public lands of this State, and also copies of the correspondence between the Governor of New Brunswick and the Executive of Maine, in relation to those measures, together with any information m his possession relative to the subject ; and to request the aid of the General Government in support of the rights of the State of Maine. House of Representatives, February 18, 1839. THIS resolve having had two several readings, passed to be engrossed. Sent up for concurrence. (Signed) CHARLES WATERHOUSE, CTerfr. STATE OF MAINE. Resolve/or the protection of public lands. Resolved,— That the honour and interest of this State demand that a suf- ficient military force be forthwith stationed on the Aroostook River, west oi the boundary-line of the State, as established by the Treaty of 1783; and on the Kiyer fet. John, if found practicable, at such points as may be best adapted to the object, to prevent further depredations on the public lands, and to protect and preserve the timber, and other lumber already cut there by trespassers, and to prevent its removal without the limits of the State. Resolved,— That the sum of eight liundred thnuF^jnd doll.irs be and herebv 18, appropriated lor the purpose of enabling the Executive to carry out the pur- poses of the foregoing Resolve, and the Resolve passed January 24, 1839 ; and that the Governor be, and hereby is, authorized, with the advice of Council, 88 CORRESPONDENCE RELATING TO THE to draw his warraat for tke same, from time to time, as it may be needed for that purpose. ' Home of Repretentativu, February 18, 1839. I HEREBY certify that the foregoing resolves this day passed to be en- grossed by an unanimous vote ; one hundred and fifty members having voted (Signed) CHARLES WATERHOUSE, Clerk. Inclosure 13 in No. 6. By his Excellency Major-General Sir John Harvbt, K.C.B. and K C H Lieutenant-Governor and Commander in Chief of the province of New Brunswick, &c. A PROCLAMATION. [See Inclosure 2 in No. 4, page 19.] Inclosure 14 in No. 5. Sir John Harvey to the Oovemor of Maine. „. Government Houte, Frederickton, ^"' (^N«ti> Brtmawickj February 13, }899. I HAVE just heard, with the utmost surprise and regret, that, without the courtesy of any previous intimation whatever to this Government, an armed force from the State of Maine has entered the territory, the claim to which is in dispute betwixt Great Bntam and the United States, and which it has been agreed betwixt the two General Governments shall remain in the exclusive pos- session and jurisdiction of England until that claim be determined. It has been my duty, on more than one occasion, to apprize the Executive Government of Maine that my instructions do not permit me to suffer any interference with that possession and jurisdiction, until the question of right shall have been finally decided in discussion betwixt the two General Governments. With the knowledge of these instructions thus explicitly made known. I cannot but repeat the expression of the deep regret which I feel, that, instead of seeking their recall or modification through the Presidential Government, the &tate of Maine should thus have forced upon a subordinate officer the alternative of either faihng m his duty, by abstaining from the fulfilment of the commands ot his sovereign, or by acting up to them, placing the two countries in a state 01 border collision, if not the two nations in immediate and active hostiUty Such, nevertheless, is the position in which I find myself placed by this evert act on the part of the State of Maine; one from which I do not hesitate in entreating your Excellency to relieve me, by ordering the immediate recall ot a force whose presence within the precincts of the territory as claimed by Lngland it is contrai7 to my instructions to permit. And it is proper that I should acquaint your Excellency that I have directed a strong force of Her Majesty s trooi-; to be m readiness to support Her Majesty's authority, and to protect Iler Majesty's subjects in the disputed territory, in the event of this request not being immediately complied with. With regard to any plea for these proceedings on the part of the State of Maine, connected with timber spoliations in that territory, I have to inform your Jixcellency that I have given directions for a boom to be placed across the mouth of the Aroostook, where the seizing officer, protected by a sufficient guard, will be able to prevent the passage of any timber into the St. .John in the spnng, or to seize it and expose it to public sale, for the benefit of the "disputed territory fund. ^ Similar precautions will be adopted in regard to any timber cut upon the Upper St. John, or the tributary streams falling into it. Anxiously awaiting your Excellency's reply to this communication, I have, &c., (Signed) J. HARVEY. IfORTH-AMEmCAN BOUNDABY. 8§ Inclostne 1 5 in No. 5. Titt Oovemor of Maine to the Pretident of the United States. Sir, Executive Department, Augusta, February 19, 1839. YESTERDAY T had the honour to inclose you certain papers relating to the difficulties which have arisen upon our north-eastern frontier, with a brief statement of the facts. I have now the honour to inclose you my reply to the letter of the lieute- nant-Govemor of New Brunswick, under date of the 13th instant, and resolves passed by both branches of our Legislature. I would further inform your Excellency that, by a communication just received from Major Kirby, of the United States artillery, commanding at Han- cock barracks, Houlton, I learn thai. " the 36th Regiment, from a West India station, has arrived in the province;" that, "on the 16th instant, one company of that regiment passed Woodstock, destined to the mouth of the Aroostook ;" that, "this morning (the 18th) another company followed: the whole under the command of Colonel Maxwell," &c. He adds, as a rumour, that " one of the regiments which recently passed through to Canada is ordered back, and that two more regiments are daily expected from the West Indies." The Honourable Rufus Mclntire is still detained by the provincial authorities at Fredericton. Under these circumstances, I cannfit but entertain the belief that as many regiments of United States troopo as can possibly be spared from other service will be ordered forthwith to our frontier, and that Major Kirby will also receive orders to co-operate with the for .les of this State in repelling an invasion of our territory. Without time to add more, I subscribe myself, with assurances of high respect, your Excellency's obedient servant. (Signed) JOHN FAIRFIELD, Oovemor of Maine. Inclosure 16 in No. 5. The Governor of Maine to Sir John Harvey. Sir, Executive Department, Augusta, February 19, 1839. I HAVE the honour to acknowledge the receipt of your Excellency's letter oi the 13th instant, by express ; and avjul myself of the return of your messenger, R. English, Esq., to make a reply. You say, "I have just heard, with the utmost surprise and regret, that, without the courtesy of any previous intimation whatever to this Government, an armed force from the State of Maine has entered the territory, the claim to wliich is in dispute," &c. In reply, I cannot but regret that your Excellency should have thought the use of such language suitable to be employed upon this occasion. K I am amenable to a charge of want of " courtesy " in any thing I have heretofore done, I will endeavour to manifest enough of that accciiplishment in this reply, not to bandy epithets with one of whom I had formed so high an opinion as of your Excellency ; and will only say further, that, while I have the honour to hold the place I now occupy, I trust that a sense of duty to my State and her interests will always predominate over a mere blind regard to the artificial rules of etiquette. I think, however, that your Excellency would not have used that term, if you had considered for a moment that the proceedings of our land agent were in execution of a Resolve of the Legislature of this State, adopted in secret session; and that no notice of these proceedings could have been given without an unqualified breach of faith and duty. In speaking of the disputed territoiy , your Excellency says : " the claim to which is in dispute betwixt Great Britain and the United States, and which, it has been agreed betwixt the two General Uovernments, shall remain in the exclusive possession and jurisdiction of England until that claim ebali be determined." Now, Sir, I cannot hesitate to say that, in my opinion, your Excellency is ^ CORRESPONDENCE RELATING TO THE such an agreement exists, your Excelleney can SiSl po „ Jt Lt xl^n never leave'u while the pmlSot o trp™eg?«r,tsl7 ""T"*; "" renders it nocejMry for Ihera to remain ir v™., p, ii t '""" P'^nderers armed force to nttemnt their ni^J,^ Excellency chooses to send an ..dea.o„r to meetlSl aSm^JTs' Kil deTervT'^I r.'vet'.h''''.''^'^ ?" no boastings .0 indulge. V Maine doerher d«y i 1 1 'uM it^S k""" -n' Mhmg thai I could .ay in advance would add toTe'g"ory S her ™r™r If"'i'' I have, &c., (Signed) JOHN FAIRFIELD, Governor of Maine. Inclosure 17 in No. 5. STATE OF MAINE. Resolve for the protection of the public lands. -^^it^Xfe'^'^fo^^^^^ Statedemand that a suffieient dary-llJeof the State. ^fsSisd bv tt T^X o? 1 Js?'"' T °.^ '''' ''''""- John, if found practicable, at such pointl as ^y^e beJt fjaS^^^^^^^ to prevent further depredations on the nublir Inmls nn^ t ' ? * ^^^ "''•'^'='' the timber and other lumber aleadv p..? ^ul k * ' "^ *° P'^'^'^' ""^' P^-^^^rve removal without the lIS of the sLe ^ '''^P-^^-^-^> and to prevent its X^ warrant l.r the ^^^^^rr^'ti:!:^^;^::^^-^^:::^^^ NORTH-AMERICAN BOUNDARY. 41 House of Repre$mtaHvei, Ftbruary 18, 1830. THIS resolve having had two several readinga, passed to be engrosted. Sent up for concurrence. (Signed) CHARLES WATERHOUSE, Clerk. In Senate, February 19. 1839. THIS resolve having had two several readiness, passed to be engrossed, in concurrence. (Signed) WILLIAM TRAFrON, Secretary. A true copy. Attest : (Signed) WILUAM TRAFTON, Secretary of the Senate. Inclosure 18 in No. 5. The Secretary of State to the Oovemor of Maine. Sir, Department of State, Washington, February 26, 1839. IN acknowledging, by direction of the President, your communications to him of the 18th and 19th instant, on the subject of recent occurrences in the disputed territory, and the proceedings of the authorities of Maine and New Brunswick growing out of them, I have the honour to communicate to your Excellency copies of a message this day transmitted by the President to Con- gress, and of a note from the British ^ ' nister, with my answer. From the last-mentioned paper, it ill be perceived that the President en. tirely concurs with your Excellency in t. lying the existence of any such agree, ment between the United States and Great Britain as that appealed to on behalf of the latter, and supposed to give her, pending the Boundary Question, exclusive jurisdiction over the territory in dispute. It is hoped that, in consequence of the representations upon this head, conveyed through my note to Mr Fox, to the authorities of New Brunswick, any further advance of British troo»4 towardf or into the territory will be suspended ; that this will be the signal lor the ces- sation of all millitary array and movements on both sides of the line, and for the simultaneous release of the agents of the respective parties now in custody ; and that the renewed efforts now making to effect an amicable adjustment o» the prin- cipal difference will, at an early day, be successful. If, unfortunately, the President should be disappointed in this expectation, your Excellency may rest assured of the disposition and readiness of the Kxccu. tive branch of the Government of the United States to perform such further duties as may be imposed upon him by circumstances. Looking, in the mean time, to a satisfactory termination of prest nt difllcul. ties, the President instructs me to suggest to your Excellency the exptdioncy of o mutual understanding between the authorities of Maine and those of New Brunswick, for the prevention of further depredations upon the territory in dispute. Such an understanding, dictated by a proper spirit of forbearance, and the mutual desire for the preservation of peace which is supposed to prevail on both sides of the line, might, it is believed, be easily eflected, with ait express reservation that it should not be so construed as to impair the right of the parCici, whether to the actual proprietary title or the temporary jurisdiction of either over the disputed territory, or any portion of it. No objection is perceived to tliis course. Should the Governor of New Brunswick be disposed to ac(|uie»ce, it may be, as to its duration, until the decision of the British Government in the matter can be obtained ; and if, for reasons which cannot be apnrehcridcd, an arrangement of the character referred to should prove impracticable with the local authorities, the President, on being informed thereof, will use endeavours to make such an arrangement with the Government of Great Britain. It would be lamentable, indeed, and present a singular spectacle, if, while the parties to whom It belongs to adjust the main point in controversy are engaged in discussione, with a sincere desire to bring them to a satisfactory result, the peace of the country, and the real and best interests of the people more directly concerned, vvere to be involved by disagreements between the local authorities upon point! of secondary importance, and susceptible, as it is believed, of being easily recoiicikd. It would produce consequences which the nation at large could not but deplore, and which, the President believes, the Government and people of Mame are as anxious as he is to use every effort to avert. i have, &c., (Signed) JOHN FORSYTH. G \\u CORBBTONDBNCB RBLAnNG TO TIIB Inclbiure 19 in No. 5. Mr. thm to Mr. Fi>r»ftL Washington, February 23, 1839. [See Indotare 4 m No. 4, p«^ 20.} Inclosure 20 in No. 5. Mr. Forsyth to Mr. Fox. DepartvMnt of State, Washington, February, 25, 1839. [See Inclosaie 1 in No. 5, page 24.J Incloiure 21 in No. 5. Mr. Foa to Mr. Forsyth. Washington, February 25, 1839. [See Inclo»ure 2 in No. 5, page 26.] Inclosure 22 in No. 6. Message of the Oovemor of Maine to the House qf Representatives. TTxinrm L Council Chamber, February 21, 1839. ,.^ UNDER the order of the House of Reprewntatives of the 19th instant I l«ewitK lay before you certain correspondence since had with the Lieutenait- Governor of New Bi-unswidc. and the correspondence between George Fred Street, Esq., Sohcitor-General for the province of New Brunswick, and Charlei JarviB, Esq., provisional land agent of this Sute. The replV of Mr. Jarvis to the inadaiissible and preposterous claims and pretensions of Her Majesty's Solicitor-General for the Jro«nce of New BruM- wick must I thmk, command the unqualified approbation of every one havinc a just regard for the lionour of his State. It is in the true spirit. And I havS every rea«m to believe that the same spirit animates the Whole body of our no'dl""' prevails, though success wiU be deserved, defeat can bring You will see by the accompanying papers, and I take ereat Dleaie independent States of theP^orth American Union, then, as a citizen of Maine in official capacity I have but one answer to return to the threat conveyed. I am here under the .direction of the Executive of the State, and must remain until otherwise ordered by the only authority recognised by me ; and deeply as I should regret a conflict between our respective countries. I shall cousider the approach to my station, m Tbi'T™ ** "° ^'^^ °^ hostility, which will be met by me to the best of I am. &c., (Signed) CHARLES JARVIS, Land Agent. Inclosure 28 in No. 5. ^'T«««r„° ^T'* "'"r ^ ^; ^ "'"^^^' ^^""^ "^9^* ''f Maine, showing the to pvI'JIL^I'k """/r °\ ^Pri''.Ebenezer Webster, Esq.. of Orono. was employed LerZ wh t t^ '" '^V^s s^uate on the St. John and Aroostook Rivers, and ascertain what trespasses had been committed in that quarter, and report what wfrZ^ ^' adopted to prevent future depredations. It will be seen from u.:'Z;::^rz^^i;t''' '" -"^"^ ^^^^^ ^^^^ ^^^^^ ^^^^^^^^"-^ »>- «i.^l!7^^^ T^^°^ adopted by the provincial authorities to stop trespassing, by seizmg the timber after it had been cut, 1. as had but little tendency to stoj depredations, and as there has been no road opened, by which our a Jnt\ couU have a communication with this country, the trespassing has gone on,^increasiW Sis^,p'e"U° ''"'' "°''' "'"'^ ''^ ''^ ''"''" °" **>« ^^"''^ °f '^^^^ "vSraS " Upon consultation with the land agent of Massachusetts it was deter, mined to expend a portion of the money Appropriated for the An osto^k roa" on the upper part, which would not be turnpiked the present season so as to S^le'rduSthe wi^r'' ft 't ^P?°'"* ^"' ^ent to re'main on thrArooIok Kiver during the winter, and by keeping up a communication with this quarter to prevent, if possible, the timber from fWther depredation ^ i..pr/fr ■*^'' '^''i^^'' of October, information reached this office that persons ^ere trespassing on township number 10. in the 5th range. I immediately left ^Z^\- '" /°MP""y ^''^ ^-r'^' ^- ""ckmore, who had receiS a s S deputation, for the purpose of arresting this trespass, and putting? into opeSn the arranL'ements marl.. hptwn«n »Ko °„.„ 1:,„j'_— L. h ""'fe """ optrduon Sthia™s^;n^"^f"^""^*'^^ *'"P''««^" "^^^ left,haZcendedthe Oreat Machias and were then at work on township number II. in the 6th range kt e;??^i;°t Jl"*"'- 7' '^"""'^ ^T ^^"J«™'» «»^^°^^' ^ "^"'er from towSp •StLfmm^J c V^^'"'*,*''*'* * *='*'' °< "^ "'^n* and Lewis Bradley, k •ettler from the same place, with a crew of five men, and a team of six oxen. VOVm-AKEMKAX BOUNDABT. 47 They had been here about a wedi, and had made two hmdred aad fifty tons of timber, indudiag that cut upon towiwbip number 10. •' Writa «rf trespass were served upoo these persons, their cattk and supplies attached, and the whole expedition brdcen up. " We here feariied that preparations were making to cot sereral thousand tons of limber on Beaver brook, which we ascended about five miles, and found two camps recently built on township number 13, m the 5th range, belonging to Massaebnsetts, but the crews had left and gone down river, hearine most probably, of the trouble on the Machias. Peter Bull, a settler on township letter G, had engaged to supply these persons, and to haul their timber. We called on him, on our way down, and informed hire, that an agent would be employed by Maine and Massachusetts, to remain on the river during the winter and that hia cattk would be taken oS if found engaged in any trespass ' "Heinfefmed us that he shooM stop at once, that the crews should not return to nnmber 13, and tb«t he would not be concerned in any farther deore- dation. ^ .< "On township nnmber 12, in the 4th range, belonging lo Maine, we found Mr. Mumford, ^ settler, and two persons, named CburchiU and Earskins, from New Brunswick, building a camp. Upon representing to these persons thai their teams would be taken off if they persisteti, they immediately quit. " About a mile up the Salmon stream, we found a crew of six men, located fcr the winter, on township number 13, in the 3d range, belonging to Massa. chusetts. fhey had gtt in their supplies, and were just beginning to cut timber, having made about one hundred and fifty tons. Their names were Wilder Stratton, James Swetor, David Swetor, Michael Keely, James Coffee, and John Smiley, all from New Brunswick. WUliam Pyle, a settler, had agreed to haul then- timber on shares. A writ of trespass was served upon these persons, thek supphes attached, and the depredations stopped. "Near the mouth of the Little Madawaska, we met Captain Maclauchlan. gomg up the river, with a crew of six men. He informed me that he was sent up by the Governor of New Brunswick to drive off the trespassers, and if necessary, to cut up their timber. • r ' ' >"|o™ed him what I had done with the trespassers above; and also informed him of the depredations which I understood were about to be committed on the Madawaska and St. John Rivers, above the Grand Falls. He replied that he should visit those places before he returned, and would do all in his power to protect the timber from trespass, " Below this, we found several crews j»at commencing to make timber all 01 whom, upon representing to them the consequences of continuing their tres- pass, unnaediately desisted, and left the woods. I did not visit the St John Kiver, bemg of opinion that it would be in vain to attempt to arrest trespassers, or to secure the timber from pillage on that river, until a road should be opened, by which the land agent could reach it without being compeUed. as he now is, to pass through the prov.jce of New Brunswick. From twelve to fifteen thousand tons of timber would undoubtedly have been cut by these trespassers, the ensuing wmter, If they had been unmolested; and this amount of timber has thus been saved, by opening a communication to the Aroostook River, so as to brine these depredators within the reach of civil process. "The land agent of Massachusetts having granted several permits to cut Umber near tae liead-wateraof the Aroostook, the most of those trespassers who were routed ascended theriver„and engaged to workfor the winter, with those hold- ing permits so that no further trouble ia apprehended from them at present Mr lluckmore has been appointed to remain, during the winter, on the Aroostook territory, and it b confidenUy believed, that, with these precautionary measures, the townships on this river wiU be effectually protected from further depredation. , Uunng the survey of townships number 10 and 12, the Surveyor-General received a visit from James Machmchau, of Frederickton, who protested agamst the survey. I herewith annex a copy of the correspondence which took place between said Maclauchlan and the Surveyor-General," ♦Jiof tv.' "n"- ^'V ^.S" ^^ "'^ writtcu commuaication of Captain Maclauchlan. Ir^Jiu "^ Government claim to exercise jurisdiction over the whole between tl?fR •hU'^ ^"^ ^^ T*^ ^/ ^^^S arrangements subsisting between the British Government and that of the United States,' I am not aware ^J17 arrangements between the Government of the United States and Great ^tom, whicli hanre suucodered to the lattec the jurisdiction of Uie disputed « CORRESPONDENCE RELATING TO THE " It is believed that nothing further has been done between the two Uovemmenls, than intimations from each that the other should forbear to exer- cise any act of jurisihction. pendine; the negotiation, beyond the territory then in ac ual possession of each Government, as may he seen from the correspondence between the mmisters of the two Governments in 1832 and 1835." •• As Massachusetts and Maine, since they became independent Govern- ments, have always had the possession of the territory south of the St. John, it » believed that no other opposition than the formal protest of Mr. Maclauchlan will be attempted by the provincial authorities against the further prosecution of surveys which may be made in this quarter." " Written applications have been filed in this office, by different persons, for the pnyilege of selecting lots and erecting mills, under the prowsions of the new land law, m townships numbers three, eleven, and thirteen, in the fourth range, township number twelve, in the fifth range, and township number nine, in tbe sixth range, west from the east line of the State ; and settlements will be commenced on most of these townships this season, if not on all. " Joseph Pollard and others commenced last spring erecting mills on township number nine, in the fourth range, on the St. Croix stream, which wiU be tinislied m a few weeks ; and they claim the privilege of selecting twenty lots m that township, as soon as it shall be surveyed. i.-' ^^""S® ^^- Buckmore and others have completed a dam across the Great Machias River, in township number eleven, in the fifth range, and are now engaged m building mills, which will be finished eariy in the spring. '* This township belongs to Massachusetts ; and lying between townships numbers ten and twelve, belonging to Maine, surveyed for setUement the last year, and being in the midst of the improvements that our citizens are making on the Aroostook, it is very important that Maine should become the owner of this township. ' " The Aroostook road has been made the last year about twenty-three miles ; and, including what was built the year before, it has been finished to township number five, in the sixth range, a distance of thirty miles, under the superintendence of Ira Fish, Esq., of Lincoln, whose report is herewith communicated." € Inclosure 29 in No. 5. Colonel Webster's Report to the Land Agent of Maine. Sir. Orono, May 7, 1838. AGREEABLY to my instructions from the land office, dated March the 20th, for the purpose of examining the public lands upon the St. John and Aroostook Rivers, to ascertain, as near as may be, the amount of timber cut by trespassers the past winter, I have attended to that duty, and submit the following report : — I left Orono on the 9th day of April, and arrived at the Grand Falls, on the St. John, on the 12th. The next day I proceeded up the river to the boundary-line, which is two or tlir^e miles above the falls. One mile above the boundary-line, I found hauled upon the bank of the river about three hundred tons of timber, of a very large size; the owner I could not ascertain. This was on the south side of the river. On the north side, about one mile above this, I found about one hundred tons ; and about one mile further up, I found, on the south side, about two hundred tons. About twelve miles from the boundary-line, at the mouth of Grand river, I found about four hundred tons, cut by Debays, a Frenchman who was supplied by Messrs. Smith and Upham, of Woodstock, New Brunswick! I then proceeded to the mouth of the Madawaska, where I learned that many teams had been at Work during the winter, on what was called the Seignory, near the head of this river. I then proceeded up the St. Jolin'a as far .-.s olitr.in Joseph Machaux's.where the Aroostook road, as laid out by the Surveyor-General,' strikes the St. John's. I here ascertained that five teams had been getting timber during the winter, on the main St. John, above the mouth of the St. Franrois River. * *" TTie names of the men were Christopher Macay, Joseph Damewick, NORTH-AMERIOAN BOUNDARY. Captain Machaud, N. M. Wbeelock, and I. Gating ; the three first are French- men, living at Madawaska, the other two live in New Brunswick. They have cut, from the best information I could obtain, about three thousand tons. I here engaged a guide, and, after purchasing provisions, snow shoes, &c,, started through the woods for the Aroostook River. I left the road line to the west ; and, after travelling about six miles south, I struck the Fish River lake. This lake lies about north and south, and is eight miles long. I travelled about siii miles on this lake, and saw fine timber growing upon the shores. I discovered from the lake a very extensive ridge of hard-wood land, very level, lying nearly north and south, about a mile from the lake, to the eastward, which I think would afford a much better location for a road than the one selected. I proceeded westwardly to the outlet of the lake, about two miles. I fol- lowed down the outlet about three-fourths of a mile, to another smaller lake on Fish River, which abounds with fine timber. I crossed this lake about three miles to the outlet, thence down the outlet until I struck the road line about one mile from the outlet of the second lake. I followed down the road to the fifteen- mile tree, where I encamped. The snow was two feet deep, on a level, between the Aroostook and St. John's Rivers. I proceeded, the next day, down the road to the twenty-eight mile tree, where we encamped. This distance was mostly over black land. The next day I travelled to the thirty-nine mile tree, where I struck Beaver brook ; and, finding that teams had been passing up and down, 1 concluded to follow the stream down to the Aroos- took, distant about five miles. I found on this stream about four hundred tons of timber, which, I think, must have been taken from township number 13, in the fourth range. Con- siderable more than this must have been cut above the road line, from the appearance of teams passing, &c., making in the whole at least a thousand tons cut on this stream. From the best information I could get, this timber was cut by Peter Bull, and two men by the name of Gardner, and a Mr. Brown. Peter Bull is a settler upon the Aroostook, the other men are from the provinces. On township number 12, in the fifth range, I found about five hundred tons cut on the south side of the Aroostook by Peter Bull and two men by the names of Becket and Hale ; the two latter being from the province. I then proceeded to township number 10, in the fifth range, belonging to Mame, where I found about five hundred tons, cut by Samuel Leavitt, a settler and Mr. Hooper, from t'^e province. ' William Johnson and several others have been getting timber on the Little Madawaska; and, from the best information I could obtain, they would cut about one thousand tons. They were all from the province. Four men, Joseph Trumball and Daniel Dow, Americans, and William Brown and John Auxley, from the province, have been trespassing on township number 9, in tho sixth range, and have made about four hundred tons. I have no doubt the timber cut on the disputed territory— on the St. John's and Aroostook Rivers— the last winter, amounts to ten thousand tons. As the largest trees only are selected, such as will square from twenty to thirty inches and nothmg but clear stuff cut out, there is a great waste of the timber. * I have it from good authority, that, within the last fifteen years, there has been taken from the disputed territory several hundred thousand dollars' worth of stumpage. The merchants on the St. John's River fit out teams and supply men, who go on and plunder the timber; the timber is driven below the line, and marked and rafted with timber cut under permits. This timber is frequently seized, but the trespassers generally manage to escape without much loss. The W arden of the disputed territory frequently passes up the St. John's and warns oft the trespassers, and notifies them that the timber will be seized ; but the plunderers pay no attention to him. They go on and cut timber, and, when the ice goes out, it is turned in and run down, and marked as province timber, cut It is distressing to see our lands in that section of the country stripped bv plunderers r,f valuable pine timber. ' The trespassers follow up the St. John's and Aroostook Rivers, and their tributary streams large enougli to float timber; and where they are unable to get on teains, they get in the timber by hand; and in fifteen years, at the rate they go on, but little timber will be left. H i BO CORRESPONDENGB RELATING TO THE I was upon the St. John's and Aroostook seven yean ago, ^rben I saw beaatiful groves of pine timber standing on the banks of theM rivers, now aU Slundered and earned off; and for thirty miles in extent upon the Aroostook Liver, every pine-tree fit for ton timber has been carried off, and every half mile presents some old timber landing where the trespassers made a winter's There are a number of Americans settled on the Aroostook, who have nothing to do with getting off timber, and feel very anxious that somethine should be done to prevent the British subjects from coming into their settlement and plundenng the timber, which would be of great advantage to them when the boundary-line is settled. J *'^I J have been requested to give my opinion upon the best mode to be adopted by the State to protect this country from trespass, I would say that, in my opinion, there is but one effectual mode to preserve the timber on these nvers ; and that is, to open to them a good road. I would recommend that the Aroostook road be immediately made passable for a horse and wagon and ox teams. This can be done by grubbing out the centre of the road, and layine causeways over the swampy places, of sufficient width to be tumpiked, so that ultimately, nothing will be lost to the State when the road is finished. It is very important that a good communication should be opened with the Aroostook imme- diately ; for when this is done, an officer can be sent in, and remove the teams that are concerned in any trespass. When the trespassers find that the State is ia earnest, and determined to arrest them, there will be no further trouble; but ao loilg as the State takes no prompt measures to stop them, or bring them to justice, they will double their diligence and numbers, and increase their depred*. faons. I understood that the lumbermen were making great calculations to cut timber on the disputed territory the ensuing season, as it was likely to bear a high price m the province. If this road should be made, as suggested, and an officer appointed to look after trespassers on the Aroostook, in my opinion there would be an end to depredations, and thousands of dollars would be saved j'early to the State. There are at present on the Aroostook American settlers suffi- cient to give all needful assistance to an officer in serving any legal process. Another reason why the road should be completed, or made passable, is, that the settlers on the Aroostook require it, in order to have a communication with Bangor. Mr. Joseph Pollard, with seven men, has commenced building nulls on the St. Croix, and many settlers intend moving to the Aroostook in June. If it is therefore any object to the State to have the pubUc lands settled, the State should be wilhng to open communications by which the settler can reach his abiding-place. If all the money appropriated upon the Aroostook road k laid out upon the lower part of the road, and nothing dons upon the upper part, and as it will not be completed beyond township No. 4, here the setUera must come to a dead stop. They must either back in their provisions, or carry them up the Sebois; wid so across a number of exceedingly bad carrying-places, in order to reach the Aroostook. I would, therefore, recommend that a portion of the Aroostook ap- propriation be laid out on the road above township No. 4, so as to make it passable for teams the whole distance. I would also beg leave to suggest the propriety of opening a road fourteen feet wide from the Aroostook to the St. John's River, so as to be passable for teams m the winter. I think this road can be cut out, bridged, and causeways Imd, the whole distance, forty-five miles, for about one hundred dollars per mile. This road will enable the State to have a communication with the St. John's River ; and I have no doubt ten thousand dollars worth of stumpage may be saved the next winter. The French inhabitants near the termination of this road, on the St. John's are very desirous to have it opened. ' I would recommend an alteration in the location of this road. The land over which this road now passes is covered with a black growth, and good land for roading, but not for settling. A few miies to the eastward of this, there appears to be an extensive hard- wood ridge, reaching from the St. John's to the Aroostook, excellent settling land, and over which the road should be located to accommodate settlements. The distance would not be increased, and the road would strike the St. John's, near the place where it now does. MORTR-AMERI^AN BOUNDARY. M By opening these roads, the State will be able to protect the timber on the Aroostook and St. John's Rivers, and a rapid settlement of the country will im- mediately ensue, as lar^e portions of the land in this part of the State are a superior quality for cultivation. 1 am, &c., (Signed) EBENEZER WEBSTER. Inclosure 30 in No. 5. Metiag0 of the President of the United States to the House of Representatives of the United States. Washington, February 27, 1839. i TRANSMIT to Congress copies of various other documents received from the Governor of Maine, relating to the dispute between that State and the Pro- ymce of New Brunswick, which formed the subject of my message of the 26th instant ; and also a copy of a memorandum signed by the Secretary of Slate of the United States and Her Britannic Majesty's Envoy Extraordinary and Minis- ter Plenipotentiary near the United States, of the terms upon which it is beheved that all hostile collision can be avoided on the frontier, consistently with and respecting the claims on either side. As the British Minister acts without spe- cific authonty from his Government, it will be observed that this memorandum has but the force of recommendation on the provincial authorities, and on the Government of the State. (Signed) M. VAN BUREN. Inclosure 81 in No. 5. !7%e Governor of Maine to the President of the United States. Siff Executive Department, Augusta, February 22, 1839. I HAVE the honour to inclose, herewith, copies of a letter from the Lieu- tenant-Governor of New Brunswick, under date of February 18th, with my reply thereto ; letter from the SoUcitor-General of the province of New Bruns- ^ck to the Honourable Charles Jarvis, temporary land agent, under date of the 17th instant, with Mr Jarvis's reply; parole of honour given by Messre. Mclntire, Cushman, Bartlett, and Webster, dated 18th February; my message to the Legislature, of the 21st instant. ' ^ 'These papers will give your Excellency all the additional information, of any importance, not heretofore communicated, that has been received in relation to the state of affairs upon our Eastern frontier. I cannot but persuade myself that your Excellency will see that an attack upon the citizens of this State by a Kntish armed force is, m all human probability, inevitable, and that the inter- Krded * ^^-^''^ Government at this momentous crisis should be prompUy I have, &c.. (Signed) JOHN FAIRFIELD, Oovemor of Maine, Inclosure 32 in No. 5. Sir John Harvey to the Oovemor of Maine. Frederickton, {N. B.,) February 18, 1839. [See Inclosure 23 in No. 5, page 43,] I ] H2 02 CORRESPCNDENCfi RBLATINO TO THE IS Inclosure 33 in No. 5. The Governor of Maine to Sir John Harvey. Augusta, February 21, 1839. [See Inclosure 25 in No. 5, page 44.] Inclosure 34 in No. 5. The Solicitor-General of the Province of New Brunsmck to the Officer in commat^ in the disputed Territory, Mouth of the Aroostook, February 17, 1839. [See Inclosure 26 in No. 5, page 44.] Inclosure 35 in No. 5. Mr. CharUi Jarvis, (Land Agent,) to the Solicitor-General of the Provinet f New Brunswick. Confiuence of the 8t. Croi*t February 19, 1839. [See Inclosure 27 in No. 5, page 45.] Inclosure 36 in No. 5. Sir J. Harvey to Messrs. Mclntire, Cushman, Bartlett, and Webster. Frederickton, rN. B.,) February 18, 1839. [See Inclosure 24 in No. 5, pag? 44.] Inclosure 37 in No. 5. Message of Governor Fairfield to the House of Representatives. Council Chamber, February 21, 1839. UNDER the order of the House of Representatives of the 19th instant I herewith lay before you certain correspondence since had with the Lieutenant- Governor of New Brunswick ; and the correspondence between Geori^e Fre- derick Street, Esq., Solicitor-General for the province of New Brunswick and Charles Jarvis, Esq., provisional land agent of this State. ' The reply of Mv. Jarvis to the inadmissible and preposterous claims and pre- tensions of Her Majesty's Solicitor-General for the province of New Brunswick must, I think, command the unqualified approbation of every one having a just regard for the honour of his State. It is in the true spirit. And 1 have every reason to believe that tlie same spirit animates the whole bodv f our citizens While it prevails, though success will be deserved, defeat can bnu .lisi^race You will see by the accompanying papers, (and I take great pleasure in rnimnnnirntinir thp Curt 'S that Mr Molntli-^ oprf kjo ~ :~t »- i t . , _ — — i, .i._ .„.!... ,. „!,« „icj a^sjaiamB nave Hccn released. It was, however, upon their parole of honour to return when thereto required by tlie Government of that province. Immediately upon the receipt of this infor- ' NORTHrAMEBIOAN BOUNDARY. 6| mation, I advised the release of James Maclauchlan, Esq., provincial land agent, and his assistant, upon the same terms. Since my last communication, the land agent's forces at the Aroostook have been reinforced by about six hundred good and effective men, making the whole force now about seven hundred and fifty. I have a letter from Mr. Jarvis, dated the 19th, before the reinforcement had arrived, and when his company consisted of only one hundred men. He says he " found the men in good spirits, and that tliey had been active in making temporary but most effectual defences of logs," &c. After describing his defences, he says, "by to morrow noon, a force of one hundred men would make good our position against five hundred. Retreating, therefore, is out of the question. We shall make good our stand against any force that we can reasonably expect would be brought against us." He says further, " I take pleasure in saying to you that a finer looking set of men I never saw than those now with me, and that the lionour of our State, so far as they are concerned, is in safe keeping." The draught of one thousand men from the third division has been made with great dispatch'. The troops, I understand, arrived promptly Pt the place of rendezvous at the time appointed, in good spirits, and anxious for the order to march to the frontier. The detachment from this second division will be ordered to march at the earliest convenient day — probably on Monday next. Other miUtary movements will be made, which it is unnecessary to communicate to you at this time. The mission of Colonel Rogers to the Lieutenant-Governor of New Bruns- wick has resulted successfully, so far as relates to the release of the laud agent and his assistants, and has been conducted in a manner highly satisfactory. (Signed) JOHN FAIRFIELD. InckMure 38 in No. 5. MEMORANDUM. Washington, February 27, 1839. [See Inclosure 3 in No. 5, p. 26.] Inclosure 39 in No 5. ResolutioM of the Senate, February 28, 1839. THE following is a correct copy of the series of resolutions reported from the Committee on ioreign Relations by Mr. Buchanan :— Efso/redj—That the Senate can discover no trace, throughout the long coirespondence which has been submitted to them, between the Governments of Great Britain and the United States, of any understanding, express or implied much less ol any " explicit agreement," such as is now alleged, that the territory in dispute between them on the north-eastern boundary of the laUer shall be placed and remain under the exclusive jurisdiction of Her Britannic Majesty's Government until the settlement of the question ; on the contrary, it appears that there iwas, and is, a clear subsisting understanding between the parties, under which they have both acted, that, until this question shall be finally determined, each of them shall refrain from the exercise of jurisdiction over any portion of the disputed territory, except such parts of it as may have been in the actual possession of the one or the other party. Resolved,— That, whilst the United States are bound in good faith to comply with this understanding, during the pendency of nesotiations. the Senate earmot perceive that the Slate of Maine has violated the spirit of it by merely sendin|, under the authority of the Legislature, her land agent, with a sufficient force, into the disputed territory, for the sole purpose of expelling lawless trespassers engaged m impairing its value by cutting down the Umber; both II H CORRESPONDENCE RELATING TO THE parties having a common right, and being bound by a common duty, to expel such intruders from a territory to which each claims title, taking care, however to retire within their acknowledged limits when this single object shall have been accomplished. Resolved,— Th&t, should Her Britannic Majesty's Government, in violation rt the clear understanding l>etween the parties, persist in carrying its avowed determination into execuUon, and attempt, by military force, to assume exclusive jurisdiction over the disputed territory, all of which, they firmly believe, rieht- lully belongs to the State of Maine, the exigency, in the opinion of the Senate will then have occurred, rendering it the imperative duty of the President under the GonstituUon and the taws, to call forth the miliUa, and emplov the military force of the United States, for the purpose of repelUng such an invwion. And in this event, the Senate will cordially co-operate with and sustain the rresident in defending the rights of the country. Resohed,— That, should the British authorities refrain from attemptine a military occupation of the territory in dispute, and from enforcing their claim to exclusive jurisdiction over it by arms. then, in the opinion of the Senate the State of Maine ought, on her part, to pursue a course of similar forbearance. And should she refuse to do so, and determine to settle the controversy for herself by force, the adjustment of which is intrusted under the Constitution to the federal Government, in such an event there will be no obligation imposed on that Government to sustain her by military aid. IndoBore 40 in No. 5. Report of the Hotue of Rtpretentativet. foUo^n^* ^®^J^^^' ^""" *'** Committee on Foreign Relations, made the The Committee on Foreign Amn, to which have been referred two messages from the President of the United States, inclosing sundry papers reUiting to the disturbances upon the Aroostook River, in the State of Maine report^ • That they have examined the papers submitted to them by the House with great care, and will offer such reflections upon them as the limited time for the preparation of this report will admit. The very near approach of the tennina- tion of the present Congress, and the desire of the Committee that as much time as possible should be afforded to the House for the examination of the Bill herewith reported, are considerations of such a powerful nature, that some incidental matters, connected with the subject, cannot be fullv investiKated. Ihe main points, however, of the controversy, are not numerous, and upon them the opinion of the Committee is clear and decided. The position assumed by tiie President in Ins message, is correct, and ought to be sustained if necessary, by the legislative powers of Congress. ' It is well known that an informal arrangement or understanding has existed, for many years past, between the United States and Great Britain relating to the temtorj- in dispute between them, and having for its object the avoidance of clashing authorities, calculated to endanger the peace of the two nations The Committee have not time to give a detailed and historical state- ment of the origin and progress of this arrangement, the examination of which might perhaps elucidate the cause of the strange error into which the British Oovemment is represented by its agents in this country to have fallen with respect to its provisions. Suffice it to say. that it never appears to have Rone further, in its greatest extent, than to adopt the basis of the " uti possidetis " leaving each party to the continued exercise of the jurisdiction which it had previously niaintained in practice. The idea which is occasionally suRsested in some of the British documents, that, prior to the Peace of 1783, the (Jovern- ♦u'V^u" " — ""•■ " '" r'""'^-^^"" "« t"c wjioic country, and liierelbre. that this constructive possession most be considered as continuing until she is divested of it with her own consent, is one which the United Statw can never sanction, or even listen to without strong repugnance. tr KORTB-AimaaAN BOUNDART. U Tt impliea that the people of the United Statu hold their eoantty by • grant from the BritiBh Crown, made in the Treaty of 1783 — a doctrine which wu snccessfuliy reiisted by the miniaters of the United States, even when it wu advanced by remote implication, prior to the signature of that Treaty, by their refusing to treat with the British ministers until their credentials were changed. At a subsequent period of our history, the same doctrine was adranoed in argument ; and at that period, also, was, as it must ever be, met with instant contradiction. The people of the United States hold their country by virtue of the declaration of the 4th of July, 1776; and the Treaty of 1783 did nothing more than arrange the boundary lines between the two nations, independent of each other in fact and in right. So far, therefore, as the claim of Great Britain to the jurisdiction over the unsettled parts of Maine is founded upon the twice exploded theory that she is the rightful sovereign of all that she has not granted away, it cannot be submitted to without sacrifices of honour, which the American nation never will make. When the discussion became active between the two Governments, as to their respective rights to the territory now in dispute, the greater part of it was, and indeed still remains, uninhabited by permanent settlers. Here and there h small settlement could be found, consisting ih some cases of a single house, and in others of more than ^ne, placed near each other for the convenience of the inhabitants. The exteit of the arrangement between the two Governments does not appear, as construed by the American Government, to have gone further than the recognition of the jurisdiction of each over the people and lands then operated upon by it. If these inhabitants had taken out the titles to their lands from either one Government or the other, and were in the habit of resorting to its judicial authority for the preservation of order, then they were to continue so to do until the question of ultimate ownership should be finally decided in some mode satisfactory to both Governments. The i)ro[)ricty of this arrangement will not be questioned by the Committee. If it left to the British Government the jurisdiction over the inhabitants along the military road which lead from Halifax to Quebec, and thereby furnished it with a motive for procrastinating the controversy, inasmuch us it continued in the enjoyment of neariy all that rendered the country valuable as a British possession, it also furnished a strong proof of the desire of the American Government to deal fairiy and liberally with its antagonist in the argument. Demonstrating in this conclusive manner, that it was not influenced by a captious spirit of discontent, the Government of the United States derived from this state of the case a right to appeal to the British Government to expedite the final adjustment of the controversy, and to claim, in the mean time, the full benefit, on its part, of an arrangement which, perhaps, gave to its adversary more than an equal share of advantages. But the arrangement has been entirely misunderstood or misconstrued, if the Lieutenant-Governor of New Brunswick be correct in his exposition of the orders under which he is acting. Tlie United States never did, and never can, consent that the exclusive jurisdiction of the whole territory in dispute shaU be consigned to the care of any officer of the British Government. The pretension now advanced is as unreasonable in itself as it is unsustained by any agreement between the two Governments. — Supposing that the parties to the controversy stand upon an equal footing as to their rights, (and there is none other in the case, except the inadmissible one formerly alluded to,) the United States have as much reason to expect that Great Britain will yield to them the exclusive jurisdiction of the whole of the contested territory, togctlicr with the care and custody of the timber and other public property, as she has to require from us such an extravagant concession. On the part of the United States, it has never been claimed or asked, as far as the Committee arc informed ; and the true position of the President now is, that he resists tiic application of a principle which no Executive of this country ever adopted as his guide. It has not been asked of Great Britain, nor can it be Riilimittod to Irom her. What the United States ask from others, tiiey are always willinK to errant; nor ran tli«r irranf n>V.ot ;♦ ^2n,.;j Ks -! > vemments of both to avoid it; and the step proposed would manifest to the world, at all events, that the United States are smcerely anxious to exert every tneans in tlieir power to maintain the most amicaUc relations with a Govemmeot and People, so eminently entitled to the respect and regard of every civilized aation on the globe. The Conunittee are conscious that some of the provisions of the Bill herewith reported would more properly have emanated from some of the other Com- mittees of the House, upon whose jurisdiction they are reluctant to encroach: bat the few days which remain of this session would not have permitted any delay, with a view of referring these subjects to other Committees, with the slightest hope of obtaining any action on the part of the House. They submit the whole matter, therefore, as the result of their anxious reflections, to the better judgment of the House. IndoBore 41 ia No. 5. Law for the Defenct of the Vhnted Btattt. An Act giving to the President of the United Statea additional powers for the defence of the United States, in certain cases, against invasion, and for other purposes. BE it enacted by the Senate and House of Representative of the United States of America, in Congress assembled, That the President of the Ignited States be, and he hereby is, authorised to resist any attempt on the part of Great Britain to enforce, by arms, her claim to exclusive jurisdiction over that part of the State of Maine, which is in dispute between the United States and Great Britain; and, for that purpose, to employ the naval and military forces of the United States, and such portions of the militia as he may deem it aidvisable to call into service. Section 2. And be it further enacted, That the militia, when called into the service of the United States by virtue of this Act, or of the Act entitled ♦'An Act to provide for calling forth the militia to execute the laws of the Union, auppress insurrections, repel invasion, and to repeal the Act now in force for those purposes," may, if in the opinion of the President of the United States the public interest require it, be compelled to serve for a term not exceeding six months after the arrival at their place of rendezvous, in any one year, unless SOOucT uisCjioTgcu. Section 3. And be it further enacted. That in the event of actual invasion of the TuTitoiy of the United States by any foreign Power, or of imminent NOBTH■^AMKiUOAN BOUNDARY. danger of luch invMion diicorered, in his opinion, to exiat, befom CongreM and be convened to act upon the lubject, the Preiiident be, and he iit hereby, authori/ed, if he deem the same expedient, to accept the Herviccs of any number of volunteers not exceeding tidy thousand, in the manner provided for in an A<^ entitled " An Act authorizing the President of the United States to accept tha Mrvicea of volunteers, and toraiie an additional regiment of dragoons or mounted riflemen," approved May 23. 183G. Section 4. And be it further enacted, That, in the event of either of the contingencies provided for in this Act, the President of tiie United Stales shall be authorized to complete the p-iblic armed vessels now authorized by law, and to equip, man, and employ, in actual service, all the naval force of the United States; and to build, purchase, or charter, arm, equip, end man such vessel* and steam-boats on the Northern lakes and rivers whose waters communicate with the United States and Great Britain, as he shall deem necessary to protect th« United States from invasion from that (juarter. Section 5. And be it further enacted, That the sum of ten millions of dollars is hereby appropriated and placed at bis disposal for the purpose of executing the provisions of this Act; to provide for which the Secretary of the Treasury is authorized to borrow monev on the credit of the United States, and to cause to be issued certificates of stock, signed by the Register of the Treasury, for the sum to be borrowed, or any part thereof; and the same to be sold upoa the best terms that may be offered after public notice for proposals for the same: Provided, That no engagement or contract shall be entered into which shall preclude the United States from reimbursing any sum or sums thus borrowed after the expiration of five years from the first of January next ; and that the rate of interest shall not exceed five per cent., payable semi-annually. Section 6. And be it further enacted, That the sum of eighteen thousand dollars be, and the same is hereby, appropriated, out of any money in the Treasury not otherwise appropriated, tor outfit and salaiy of a special Minister to Great Britain: Provided, The President of the United States shall deem it expedient to appoint the same. Section 7. And be it further enacted, Tliat in the event of either of the contingencies provided for in the first and third sections of this Act, the President of the United States shall be authorized to apply a part not exceeding one million of dollars of the appropriation made in this Act to repairing or arming fortifications along the seaboard and frontier. Section 8. And be it further enacted, That whenever militia or volunteers are called into the service of the United States, they shall hf ve the organization of the Army of the United States, and shall receive the same pay and allowances. Section 9. And be it further enacted, Tliat the several provisions of this Act shall be in force until the end of sixty days after the meeting of the first session of the next Congress, and no longer. (Signed) JAMES K. POLK, Speaker of the House of Representatives. (Signed) WM. R. KING, President pro tern, of the Senate. Approved, March 3, 1839. (Signed) M. VAN BUREN. No. 6. Viicount Palmerston to Mr. Fox. (Extract.) Foreign Office, April 6, 1839. I HAVE received and laid before the Queen your despatch of the 7th ultimo, relative to the occurrences which have lately t?ken place between the authonties of Maine and of New Brunswick, with respect to the disputed ._ Her Majesty's Government approve of the provisional agreement which jou Sj;..eu rrstii iur. rorsyth on the 27lL of February, and which they trust will have the desired effect of preventing any conflict from arising out of these local proceedmgs, untd the matter at issue can be amicably arranged between the two Governments. * 12 i \ CORRESPONDENCE RELATING TO THE No. 7. Fwcottfi* Palnuriton to Mr. Fox. * Sir from Mr Sf *»r you/ information a copy of a note which 1 have received H^^MaJr-rr' '**'^ *•"" ^^ "'*''"°' inviting the immediate attention S Her Majesty 8 Government to the subject of the pendinir controverav with J«^t to the north-eastern boundary of the United S ?Vd to th" o^^^^^ I am, &c., (Signed) PALMER8T(»f. ^ Inclosure 1 in No. 7. JWr. Steventon to Viscount Palmerston. TUP TT J . , « Portland Place, March 30, 1839. the UnilSl S?.tr"f ;• T°^ Extraordinary and Minister Plenipotentiary from the United Sues Tias the honour to acquaint Lord Viscount Palmerston Her received from his Government special instructions, which make it his duty to Seno. / '"""I"'' ""'"''"I "•'■ «" ^J"^y'« Government to the subjec of the pending controversy in relation to the north-eastern boundary of the Un ted States, and the painful occurrences which have lately taken place be ween the .uthonties of Maine and New Brunswick ; of the character and extent of which! Sfor^aS.^ Government are doubtless in possession of full and autheS .!..» -1" ''"'t"i"S to fulfil the wishes of his Government, the Undersigned feels that It would be useless and unprofitable to recur to a recapitulation of the Z rr%-"^ argument, which he has heretofore had the hLour of uL ng upon the attention of Her Majesty's Government, as to the importance of an immediate settlement of this controversy, or the evils which ZTdinev"taW; «pnng from continued delay. This has beeu so recently done, and the aS fee no siller"""'"/ - repeatedly expressed, that^he Undersigned would feel no small degree of embarrassment in attempting to add anythine to the XerundeTtai * " '''"'°''°" ""'"' ""^"■''^'' ''" LorTClubtlet .-.I*??- '■^"•''"^r''"'^ "'"'=!!•')''''? '"^''"P'''" '" M»'n« »"d New Brunswick, li n„»T""r P'^'V" ''^"'' *•'" '"*'''•"''*' ""^ *«" »'^'"g of both coimtrie; fmmSi l^r^Prl* i:-'""" *°° "*™"K'y *'"' "HJency which calls for the immediate settlement of this controversy, to make it needful that the Under- «gned should do more, than again invite the attention of Her Majesty's Govern- to the subject, and in the most solemn and earnest manner, invoke its speedy and prompt interposition. rv»;ujr «»«»^'' 1* i**"* Undersigned, however, feels assured that Her Majesty's Govem- S»nt'l!«rV r %T?^^ «"''""" .'"•"■. ^^'^ '"''^"'''« adjustment of tliis controvemy. than that of the United States, it is cause of deep regret that it should noi tllTJ^ '^" convenience of Her Majesty's Government to have adopted ?he necessary mcasums to meet the just expectations of that of the United States, by 1^3 .f P". '"^ negotiation providing for the survey and exploration oV tiiTi-, T'T^' A A""™"^«« that suitable measures for that puLse would MJn ? i^ \°P*"'' """^ '"ffuctions forwarded to Mr. Fox, ker* Majesty's Minister at Washington were lon^ since given to the Undersigned, and L himcommunicated^fSrt^e informatron of hfs Government. Thefe aiurances. ro .„s no uou„i iuiuacntiy strong to justify the delay, have not been ful- filled, nor has any answer yet been received, as to the final determination of Her MiUesty s Government on the subject. Whatever the causes, therefore, may have aaj^ORTH-AMEMGAN BOUNDARY. If been which have delayed these instructions, the time has now arrived which makes it indispensibly the duty of both Governments that the subject should ndk. remain longer unsettled. Indeed, if Her Majesty's Government needed additional proofs of the danger of longer delay, and impatience under it, they are to be found in the late proceedings on the northern frontier, and the embarrassing difficulties which have arisen between the State and Provincial authorities of Maine and New Brunswick.. Both Governments must now be uwarc of the serious difficulties which such, proceedings are calculated to throw in the way of all attempts at conciliation^ Passions highly exasperated under impressions of injury and wrong, or coliisionft between parties interested, can have no other effect than to protract and embitter a controversy which might otherwise be happily terminated. Indeed, the experience of every day shows, more and more, the obligations on both sides to enter seriously into the means of guarding the peace and hn-^- mony of the two countries against the dangers by which they are threatened, and. preventing those repeated collisions which have already, more than once, put ii» jeopardy their peaceful relations. It would be lamenuble, indeed, if whilst thfe two Governments, to whom it belongs to decide this controversy, were delaying the negotiation for its final settlement, the peace of the two countries should be involved by discussions and conflicts between the local authorities upon points of minor importance, and consequences ensue which all would have such just cause to deplore. Deeply lamenting then, as the President sincerely does, the delay which ha» already taken place, whatever its ruise may have been, the Undersigned has beea specially instructed, in bringing tiiu subject again before Her Majesty's Govern- ment, to express the confident hope that no further delay will be suffered to take Klace ; that the motives derivable from a knowledge of the recent occurrences will B too cogent to be disregarded, and that Her Majesty's Government will take immediate measures to bring the negotiation to an end, and avert the calamities which now impend over the two countries. That this appeal will not have been made in vain, the Undersigned will not for a moment permit himself to doubt. Lord Pahnerston has probably already been apprized that among the pro- ceedings of the Congress of the United States at the close of its late Session, provision was made for a special mission to Great Britain in relation to the subject of this controversy, should it in the opinion of the President be deemed advisable to appoint one. In virtue of this provision, tlic Undesigned has now the honour of acquaint- ing his Lordship, that the President of the United States (desirous of conforming to the indicated wishes of Congress) has directed him to announce to Her Majesty's Governn snt his willingness to institute such a mission, and change tho place of negotiation, which had heretofore been agreed on, from Washington to London, provided it should be agreeable to Her Majesty's Government to do soj and would, in their opinion, be the means of hastening or ficilitating the final adjustment of the controversy. In submitting this proposition of the President to Her Majesty's Govern- ment, which he has now the honour of doing, the Undersigned flatters himself that Lord Palmerston will not fail to appreciate the motives which have influenced the President in making it ; and see in it, not only an additional proof of his desire to terminate amicably this protracted and painful controversy, but the earnest solicitude which he feels to place the relations of the two countries beyond the^reach of those casualties by which, in the present state of things, they are so liable to be injure i. To this proposition the Undersigned has been directed respectfully to urge the early consideration of Her Majesty's Government. The importance and urgency of bringing to a speedy close the pending nego- tiation, and the existing embarrassments in which the two countries are now placed will, the Undersigned persuades himself, sufficiently explain the earnest- ness with which he has pressed the subject upon the consideration of Lord Pal- merston ; and in closing this notc.hc can but indulge the confident hate, ihut thx final deter.nination of Her Majesty's Government"will not only correspond with •fi J"** /^"P^ctations which are entertained by his own Government, but that it will be the means of leading to such an adjustment of the whole controversy as C0IUUt8PONDBN(» BBLATING 10 THE tmr he eoBtMtiblB with the jnst righto and honour of the two eountriea, ud thoM mcetul and Mendly rcUtioDs, upon the preservation of which ao enentiaU* .depend the prosperity and happiness of both. ' The Underaigned seiaes the occasion, Ac, (Signed) A. STEVENSON. Indosure 2 in No. 7. ^eotmt Palmeraton to Mr. Stevenson. THiTTTJ • a. . . Foreign Office, .^^ril 3. 183% ".. r « "?°«™gne«. «c., has the honour to acknowledge the receint of the 2? If hI; M ^r-'n*'^- ^"^ '^' 30th instant. invitin?^the imSl.iS! 2m\^* 5*'*y'^*"''""""' *** *•>* »«'^**t of the pending controTerif with respect to the north-eastern boundary of the United StatE. ; and to the pS SdTN^'ruM^tk " '***'"y*^*° P'*'^*' between the authorities of IC If-, M • [J'",^"'P>«^ begs leave to state, in reply to Mr. Sterenson's note, that 2 Ji^Sh ?r"""T f;!"y- '•^'* '^'^ **P'"'°"' "P™*^*' by the GovemmeS 0„l^;„\^ /.?**• " *? *••? "°P°'^'«e «* a final setUemcnt of the Boundarf ~ntT.;i.fll ^^""^ Pfrtake the anxiety felt by that Government that such settiZ «Bnt Aould be arrived at w.th as little delay as the nature of things will admiU Si ^Z f W • G«^"»"«°t flatter themselves that they have ^ven indisput! dble proofs of their sincerity on this matter ; first, by accepting without hes°to^ SSltBriL? ''^A^t J'"g «f the Netherlands, however diLvantageouT to S!hlv r?^ '•Jl!?^ '•''*"•"« *^**'■* "'*"'«' ""*" the United States Ld irre- 2f^IL5 T'T*-^ "'J"^* II' ""** '''^'"^'y' by afterwards proposing to soh^ SL «;.ii' -l •"• ^''r '^'^^'•«n'=? between the two countries has not been lonff Mce settled. It w not for want of proposals on the part of Great Britain, whicC £th SrtS •'"''^ Government, were in their nature honoSnAl. S N«w RnIl.Z?r*H° *l!l ^^?*f H??* ''"'' ''*'*"*'y '^'^"•^•J between Maine and ^r^^^ft' Her Majesty's Government deeply deplore that any circum. «anc^ should have arisen tending to threaten an interruption of the friendly rSi tions between the two countries; but Her Majesty's Government cannot refndn from ob«!rvinff, that if any coUision shall unfortunately have taken place betw^! the P~ple of "Maine and the authorities of New Brunswick, that collbion wS h|«rebeen brought on by hostile proceedings on the part of Maine. pC^d Tnd «k!/!lfl-^ Ml '"^ '*''" the intention of the Goverament of Main^ to pro- ni M wif'J^**' """' ?'*"''* "°* ''^" •""« •««" devised to attain that end. •wl^n^' ?«'«™"«Vf u*""'?"' ^"' «'"' P'^-'^r^ i" doing the fuS SLt «f Sf ?;"^/j'de»''«btened course pursuedupon thisoccasioS by the Pre- ti^Tthe S^r?lf****' ' .■ •** *''''^f*« ^'' S'''""«° »«> •»"«' the President^ Uiat the Bntoh Government is equally animated by the same spirit of peac^ which has guided the councils of the President in this conjuncture oTSurs. ^^ «« l.«LJ!?''^"J?f''*™".*"* consider the communication which Mr. Steven- SLdmi^nT"'^'''? S!"^* **' *i* Undersigned upon the subject of the pro- ESo^Tk i! ?n*' ^TJ ^ England,..afre«h7roof.of tL friendly ^dia- poMtion of the Presiaent, and of the frankness which, it^shoM. will always «aZ nctenze the intercourse between the two Governments; ^d Her mTcS^ S^'Z"?* t"**" Vp'Z '^.^'^ communication in the'same spWt, VnTZh ^Zu/r^""""- KW t""S''* " '*'"«'"» «f '""•"'i"g "bether such a mh^ £T„i k!*^""' *" ?r ^''J^'^y - Government, and whether it would, in S^frZ »'^^f •"''"'.^'^^**^"'"«°'"*^«-"'tating the final adjustment of tht wotroversy? That it would always be agreeable to fler Majesty's Government to J17* "y f «»» «W?? the confidence of the President, and sent hither to • nuaswn oouid be hkely to hasten or facUitate the adjustment of th^contro;enl^ NOBTH- nion that advantage might anse from the mission proposed to be sent to tni.» country by the Government of the United States. But Maine having refused tis i^gree to a conventional line, and another reference to arbitration being, in thi^ present state of the matter, out of the c^uestion ; the only course left open for the two Governments, with a view to arrive at a solution of the controversy, is to cause a fresh survey of the territory to be made for the purpose of endeavouring to trace upon the ground itself the line of the Treaty of 1783 ; and the Underf signed is sending to Mr. Fox, for the consideration of the President, a draft iiif a Convention for the purpose of regulating the proceedings of the Commissionen to be appointed by the two Governments for this end ; and Her Majesty's GoVem- ment hope that the report of these Commissioners will either settle the questions at issue, or furnish to the two Governments such information as may lead directly t9 a settlement. But this being the present state of the matter, it appears to ^er Majesty's Government that a Special Envoy now sent from America would not, upon his arrival in this country, find anything to discuss or to settle in con* •ezion with this question, the discussion or settlement of which could be of im- portance commensurate with the expectations which such a mission would naturaRy 9xcite on both sides of the Atlantic ; and that if in consequence thereof, the Envoy so sent were to return to the United States before the two Governments had finally settled the whole question, a disappointment might thereby be created, which, however unfounded it would be, might nevertheless produce bad effects .in both countries. Her Majesty's Government having thus stated, without reserve, their impres- non upon this matter, leave the decision of it to the President ; and the Under- signed has only further to assure Mr. Stevenson that Her Majesty's Government are very sensible to the spirit of friendly confidence which has dictated Mr. Stevenson's communication. The Undersigned, ic, (Signed) PALMERSTON. IndoBure 3 in No. 7. Mr. Stnetuon t».ViieoiMt Palmentim.—{Reuistd Jpril 6, 1839.^ Portkmd Place, April 4, 183S. THE Undersigned, Envoy Extraordinary and Kfinister Plenipotentiary fmn the United States, has the honour to acknowledge the receipt n the communi- cation addressed to him by Lord Viscount Palmerston, Her Majesty's Prindpel Secretary of State for Foreign Affairs, under date of the 3rd instant, in answer to that of the Undersigned of the 30th of March, upon the subject of the dis- puted Boundary between the North Eastern portion of the United States, and Her Majesty's Colonial Possessions. ITie Undersigned will take the earliest opportunity of transmitting this note to his Government, and he begs Lord Palmerston to believe, that it will afford him the highest gratification to accompany it with the assurance, which his Lordship has been pleased to give, that whilst Her Majesty's Government is dis- posed to do full justice to the wise and enlightened course which has been adopted by the President of the United States, in relation to the late occurrences on the froiitict', it m equally aiuuwleU by ilits same Huiitl of couuiiialiou and peace, with that which has guided the Councils of the President in the prescaft conjuncture of afifairs. Entertaining, as the President does, an anziouB desire for the adjustment of •t CORBESPONDENCE RELATING TO THE a1°?JT'"^ !f '"^^ ^ unhappily bo long existed between the two Countrie*.- tte Undersigned seizes the occasion to assure Lord Palmerston that the Presil i^M.ui J *° 'V^Z" ''"'^ ^^'^ "^''""^ sensibility the friendly sentiments which have been so kindly manifested in his Lordship's note, as well on the P*rt of himself, as that of Her Majesty's Government. r«!i-^ ♦ * Undersigned begj leave also to stale to Lord Palmerston, that he ha* not IJtii 1M° "'li •* P'"?^ '^Sret. that part of his Lordship's note in relation to the late proceedings of the State of Maine, in which his Lordship is pleased iL^V^ T"'°ll' i'»''*/»»y collisionshould unfortunately have taken place wZ if ^t "V^^f ^^'^*'"''* Her Majesty's Colonial Authorities, it wiU ]Za^^ •~"^^* °° ^y ^??*l'^. Proceedings on the part of Maine. plann;d. and conducted, in a manner, which i(it had been the wisK of the Government to pro- voke a conflict, better means could not have been devised to attain such an end ■Pii^llf *''*i°'*°,^' '" . Undersigned does, from the opinion expressed by Lord Pdmerston. he do^ not intend to be drawn into an examination or discussion' f dir'"' T °^f '"'' *'•" ^.1^ proceedings on the frontier have arisen, nor eLuTfrom'them™ ^"*^^^^ ^ ^^"°"'**^"''"^^*'*^ ^" ""^ *"^ ^"^^ "'6^' «i,Aift^"^^ /*** Proceedings and conduct of Maine, however, in a light riS^?^"""!/?? '^^^ supposed by his Lordship, the Undersigned deems it jroper to say that he has seen nothing in thehistory of these proceedings, which x'SJct'sr s:i;£ oTrn::^"^^^' '^ ^'^ ^"^^•^^p* ^^ ^^'^'^^^ ^° ^^ «f Hn??* S.''*"JT11°^ **'"".® ^""l" doubtless acted under the high obligations «»r«yV ^^ **'* -l^ necessity of protecting themselves from the unjuit ope- xsUon of measures with which they had been threatened by the British ColonSl Authorities, and with that view, took the steps that were finaUy adopted. Infon^"/"*****"^"^''"? "*'*'*". '*°"^"*'°or minatory in its character, but one intended for purposes of precaution and defence. In exercising then the rights of self-defence under a state of thines cer- S* f??''^^"'* mutually, to be lamented by both GovemmentsHt is not SSof ^^''^f ra-ponsibiUty of any colUsion which might have en ued! wa JS5Sr***'t, S.?*^"*-. .To.regard these proceedings in any other Ught tSn defensive, would be doing injustice not only to the Govtrnment of Maine, but to K?.!** ^f. '•"ff '^- Pf°P'? '''»''*' *"''""''• ^"•l the moderation with which ^l,Z ^^ V "* S''- ^»°^cation of what they beUeved to be their just rights, to guard agamst colhsion or disagreements between the two Govemmints. •i?»?n!.'l^ the observauons which in justice to the people and authorities of Maine, the Undersigned has felt it Us duty to make. ,„;,.„r, V^'^tT'fl'^ cannot consent to close this correspondence, without ^ fii»- fl°^ the opportumtv of expressing to Lord Palmerston his high gatification at the concdiatory and friendly spirit which his Loniship has ma^i- ♦w throughout this negociation ; and the earnest desire which is mutuaUy felt, that out of the unfortunate occurrences, which have recently transpired, an oc' ouionmay anse. which being improved (as it doubtless ougk to be by the two Wemments) may lead to a speedy adjustment of this protracted controversy, and to more «>hd and hisUng friendship between the two countries, conaideratio* ^™^*** "'°*^' *** ^"* Palmerston assurances of his distinguished (Sign<:d) A. STEVENSON. No. 8. Viicount Palmenton to Mr. Fox. Si" " tforeign Office, AprU 6, 1839. irhkh l'2di^tl?'iJ°"L'"'"°™'*'*"' .■°** g«id«nce, a copy of aprivate letter ■wnicn 1 addressed to Mr. Stevenson on the 3ni instant, stating shonly the sub- NORTH AMERICAN BOUNDARY. « lUnM of what I had previously said to him in conversation, upon the question of lunsdiction in the disputed territory. Mr. Stevenson informed me that he had received no instruction from his Government upon this point. I am, &c., (Signed) PALMERSTON. Inclosure in No 8. Vitcount Palnurtton to Mr. Stevenson My dear Sir, Stanhope Street, April 3, 1839.' I HAVE great pleasure in complying with your wish that T should state shortly m writing, the substance of what I have said to you in conversation upon the question of jurisdiction in the disputed territory. What has lately passed upon that subject, in Congress, is a fresh proof of the close relationship of the two nations, and shows that our habit of not readinir or of soon forgetting Parliamentary Papers, prevails equally in Congress with r^rd to papers laid before that body. For if those who took part in the recent debates at Washington had borne in mind the papers communicated by the President to Congress in 1829, they would not have asserted, that our claim to jurisdiction is a new one ; nor would they, I think, have construed it in the unqualified sense in which they appear to have understood it. The grounds and nature of our claim on this point were explained by Sir Charles Vaughan, in a note to Mr. Clay, of the ISth September, 1827 • and the very qualified and limited manner in which the claimed right has been exercised WM stated by Sir Howard Douglas in a despatch to Sir Charles Vaughan of the 4th October, 1827, which was communicated to Mr. Clay by Sir Charles Vauehan on the 26th of that month. The nature and grounds of the British claim were further explamed by Sir Charles .Vaughan in February, 1828; and bv Lord Aberdeen in hib note of 14th August, 1828. ' From this correspondence, it will be seen that we have not pretended to exercise any new act of sovereignty over any part of the disputed territory since the conclusion of the Treaty of Ghent; and that the jurisdiction we claim over the unsettled and unoccupied part of the district, is in reality only safe custody of the property, for the benefit of the future owner, and the prevention of the assemblage of lawless and disorderly persons therein, to the annoyance and injury of the neighbouring districts. As a proof that we have not claimed that exercise of sovereignty which we are supposed m the United States to contend for, I would beg to remind you that two years ago, upon a representation from your Government, we put a ston to a plan for making a railway across the disputed territory, from Quebec to St. Andrews, because the making of a new road would have implied an acknow- lodged right of sovereignty on our part, while that right is the very question in dispute ; and last year, as you will remember, we did not think ourselves at liberty to march troops across the territory from New Brunswick to Canada without coming to a previous understanding with your Government upon that operation. '^ Of course, however, we are entitled to expect that such absSh^ence should be mutual, and that neither party should, while the general quesfion is pendinir make settlements, cut timber, open roads, or establish military occupation in the disputed territory. "^ I am, &c., (Signed) PALMERSTON. CORRESPONDENCB RELATING TO THE No.». Viscount Pdmertton to Mr. Fox. (Extract.) Foreign Office, April 6, 1839. I HEREWITH transmit to tou the Draft of a Convention between Great Britain and the United States of America, which Her Migesty's Government have prepared, for ihe purpose of carrying into effect, with some modifications, the proposal which the American Government have made to Her Majesty'a Government, for the appointment of a new Commission of Exploration and Sunrev, with a view to settle and determine the Boundary Line between the British Province of New Brunswick and the State of Maine. In this project of Convention, no mention is made of an umpire, because, as the Draft is now framed, and according to the understanding between the two Governmenl.s upon which it is founded, there would be no proper functions for m umpire to perform ; and, moreover, because, as neither the United States, the State of Maine, nor Her Majestv's Government arc at present willing to submit the }>oints at issue to another arbitration, there is no reason for appointing an umpire. The stipulation that the Commissioners should begin their work from the head of the River St. Croix, the last ascertained point in the easternmost nortion of the Boundary as acknowledged by both parties, is a natural arrangement, Ivecnuse, it is from that point that the connecting line, either due North, or to tli^ westward of the North, is to be drawn to the Highlands that are to be sought fcr ; and that connectinj^ line should of course stop at the point where it first touches the Highlands in question. It seens also proper, that the Commis- rioncrs should begin by exploring the due North line, hecause, if the Highland! which are sought for could be found in that line, one of the conditions of the Treaty would be literally fulfilled ; and because it would be necessary, at all events, that the Commissioners should have failed in finding the Highlands in that direction, before they should seek for then in another. It seems also to be proper and natural, that, if the Commissioners should ftiltofind in the due North line the Highlands they are in search of, thev should then proceed to the other extremity of the undetermined line, as the appropriate basis of their further operations ; that is to say, that they should then go to the easternmost noints of those Highlands, which lying near the sources of the Chaudiire and the Penobscot, hive already been ascertained by the British and American Commissioners under the Treaty of 1814, as fulfilling at that part of the Boundary, the conditions of the Treaty of 1783; and that the Commissioners should from thence pursue their survey over the different parts of Hie disputed territory, lying between the point aforesaid, and the due North line from the source of the River St. Croix. In that part of the Preamble which quotes the proposal of the American Government, and which states, that when the Highlands shall be found, the Commissioners shall draw a line from the monument to the said Highland^ Her Majesty's Government have purposely omitted the words, "and to that point thereof which shall be nearest to a due North line from the monument ;" because those words are susceptiHle of an ambiguous interpretation, and are not as precise and distinct as is desirable in a Convention of this kind ; but words have been inserted in Article VII, which embody the sense of the omitted words in a clearer and more definite shape. The object of the proposed exploration -rd survey, is to find the Highlands of the Treaty. If they can be found in thf: neridian of the St. Croix, the con- diticr;* of the Treaty would be fulfilled, iiid a line would be drawn to them from the St, Croix in a due northerly direction. , But if such Highlands cannot be found in the meridian of the St. Croix, they ir>> to be sought for elsewhere to the westward i and wherever they mav he fou'i^r' o line should bs drawn to thst ^r"^* from the head of the St. Croix, with tiiii <; u.ilj'ication in favour of the United States, that if such Highlands should be found m preserve for any extent of space the character required by the Treaty, the ccsn r ;i!ng line should be drawn to the NORTH AMERICAN BOUNDARY. W eatteramost spot, within the diapnted territory, at which thej postesa thai character. Nothing has been laid in the proposed Convention about the north-west angle of Nova Scotia, because that angle will be at the point where the line drawn front the head of the St. Croix meets the Highlands of the Treaty of 1783. If the north-west angle of Nova Scotia had been a point already marked out upon the ground, or if it were a point so accurately defined by verbad description, that the Gimmissioners could at once have marked it down upon the ground. Her Majesty's Government would have proposed, that the first duty ot the Com- missioners should have been to have proceeded in a due north line from the head of the St. Croix to the north-west angle of Nova Scotia. Her Majesty'! Government would have proposed that such north-west angle should be deemed to be, aa it obviously must be, the point at which sucli due north line should meet the line which divides New Brunswick from Lower Canada ; and therefore, if the boundary between Lower Canada and New Brunswick were a known and ascer- tained line, nothing could be easier than to find the north-west angle of Novs Scotia. But although tiie line of boundary between Lower Canada and New Brunswick is laid down in some maps, and especially in the map of Canada pub- lished in 1831, by M. Bouchette, I have reason to believe that no such boundary has been actually traced out upon the ground, or is known to and acknowledged by, the two Provinces respectively. That boundary is believed hitherto to ex.iat only in description, and not to have been marked out ; and the description from which it would have to be marked out, being very nearly the same as the descrip- tion which, by the Treaty of 1783. defines this part of the boundary between the British Possessions and the United States, the north-west angle of Nova Scoti^, and the last mentioned portion of boundary are both of them equally unknown things, and neither can at present be used for the purpose of ascertaining the Other. IncloBure in No. 9. Draft of Convention between Cheat Britain and the United States of America. Preamble. WHEREAS that portion of the boundary between the British Dominions in North America and the United States of America, described in the Treaty d Peace signed at Paris on the 3rd of September, 1783, as formed by " a line drawn due north from the source of the St. Croix River to the Highlands ; along the said Highlands which divide those rivers that empty themselves into the River St. Lawrence from those which fall into the Atlantic Ocean, to the north-western- most head of the Connecticut River ; thence down along the middle of that river to the forty-fifth degree of north latitude ; from thence by a line due west on said latitude until it strikes the River Iroquois or Cataraguy," has not yet been ascertained or determined. And whereas by the stipulations of a Convention between Great Britain and the United States of America, signed at London oa 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 demar- cation of tlie said portion of boundary was entrusted, under the Vth Article of the Treaty signed at Ghent on the 24th of December, 1814, were referred to the arbitration of the King of the Netherlands. And whereas the decisions and opinions given by His Netherland Majesty thereupon, as laid down in His said Majesty's award, signed at the Hague, on the 10th of January, 1831, failed to adjust the said points of difference. And whereas the Government of the United States of America, in an official note addressed to the Government of Her Bri- tannic Majesty on the 30th of April, 1 833, and in explanatory notes dated the S6th of May and 5th of June, 1833, proposed that "a new Commission should be appointed, consisting of an equal number of Commissioners" for each Party; and itiat the Commissioners so to be appointed should, " discarding the due north line, should that became necessary, seek for and find, in the first place, ' the Highlands which divide those rivers that empty themselves into the St. Law- rence from those which fall into the Atlantic Ocean ;' and when these shall be found in any part of the disputed territory north or south of the St. John's River, K 2 •8 CORRESPONDENCE RELATING TO THE Pkrtie. under the Treiv oMyJl^ t^S'""Tr?.°^*''* High Contnwjtmg •dmitted by the GovemmLt of fhwl?/? I "''* H'ghlandi; it being distinctly tr ?K"d 'i^ ^-^^^^rXi'^^^^^ z tv'S^i mi-ion of Survey, to rStu\ed„f'..r'''' ?PP«">»»«°» «? ««»»• • new Com. by e.ch of thVf^rGvSenU •• 1 iS".^^^ '!'"""l''' «'!"'» •""»•*« the Commi«ion .. undeS bV H.r l5.- ?f T" *""*' *^" *•>« "«''J«*^* ^^ fe'S-v'rii r£S rl?^!r •^^ssisi''^'^^^^^ be instructJd to look for S !^ k^H.W*^'''' *'»« CommiMionen ihould fulfillShTco^^dS.^"^^^^^^^^ ^•rr."*''^ ir'?.»'''«'^«« " of the United State,. in?„ officialf Jo'teT'S Jd Ap1."l^27 1?S * e^^TSf •' •nd Ireland, and Se Preffit of tt Tl^i.L c^ .^""rf Kmlomof Great Sritain it expedient agartoaSpUaettlL™^^^^^^ ^T "ow deemed withSe jDirlfand m^rof fhe afrsaW W^^ ofanewdmmiMionofElploratForaSrvev L^^ ARTICLE I. ConvSot ffe'rl" HtrCo'nVrL^.?^^^^^^ be composed in tile foZtgZn^^ilTCe'h:^^^^ "^P"'"* • Commissfon. to Her Britannic Majesty an^ thl-K.i.L-?"'"'"""'' *''"" ^e named by America, by and w Khe advict fnd^L %^*"V^'"^ °^ *••« United Sute. oV •ix Commi Jioners raJp^i'ntTril £ "r^^^ ?* ^".•*« ^'L^'^"^- And then, other ussistonts a, thc^sK iud'I „2,..ir" *t.'PP?'"^ " ^''"^'J "«^ •"«•» the duties of their SmS^ """""'^ *" ""•"* *''«» »» «««»*« effiei««iUy ARTICLE IL AndrI!;rrifthrRTt1tTro!"7"VV?,\'"*"^ •*»''«*-' o^CSt. ings to sJch oth:r pE or pUritW t tn?r7u?t"f™ ^Jk*"- "'''^- upon the duties of their offices tl,«, S u • l ' ""* ^^°'^ *hey enter make oath or affirmat in. beS're the SipaTmi^ trJ"'*'".-' '^ "" '^'^ ""'«"• •aid town of rSt. Andrews! that th!]^^ n P ^.V"** """^'"K o"" «ctingat the ing to the be'^.rof th^r7^ilftV^!L^iV"T'^ Commissioners ; and havingdone ^hi^^Thtv'.^lT"/'' l '"\^" *""'■■ '^""«' "• discharge of th ir duties ZMZ^; defiiJ " *''''' ^"'■'''"•^'' '''''' "P'*" *"•• NORtH AMERICAN BOUNDAJIY. tk ARTICLE ni. The Connni«»ioner8 «o appointed shall proceed in the flnt instance to u exMOinMion and survey of the territory in dispute between the High ContraSiS Parties, which territory ,s comprised within . sp«:e bounded. o?the J«t bl ! line drawn due north from the source of the RiVer St. Croix m maJkJdb* fl.! monument described in the preamble of the preaent ConvwtSn" and on th! «,u h. the west, and the norti;. by the two lines of boundaT«tMdi„ff to th! westward of the said due north ifne. and which were claiB on Hf of tS two High Contracting Part es respectively bv their rommU.!-—- • ^ under t^e Vth Articfe of the Treal^of ot nt!' ^ JiSr r.?eh"«:K!:i and survey shall be, to endeavour to find, at any point within tl^«I5mJ»T^.u said disputed territory. Highlands answering to t^hrdeiTbtio! JonbSl? t H* Treaty of 1783, tha/i. totay. " Highlands^hiJh dSrTC Zniit 1^1 themjelve. into the River St. Lawrence, from those which fS iTthe aZIJ ARTICLE IV. ARTICLE V. As any deviation eastward from the due north line is diiicl>lm««l k. ♦!.- it -^ j State,of America as recorded in the American plosSn Sid to ^„"'S5 presiuble of this Convention, the Commissioners, ff thev should Xrfl^j!^ """ Highlands on their direct northern course, shall next prSeid to th«i HJ I^T at the sources of the Chaudiire and of the Penobscot Sk^ i Highland* oft8l^;''^r Si'"' r' A-rican CoL^titrsXcS^"^^^^^^^^^ ot 1814, to fulfil, at that part of the disouted tPrritnX .!,„ Jr.- ."V by the Treaty of 1783 ; an^d the ComZle™ S„7;;tt b«^^ Jer operations that extremity of the said HighlSs at the lourJe" of th^^^^^^^^^ djre and of the Penobscot, which is nearest to the due nortS .hall from tSl pint commence anew the r exoloration of tho wu«..»ij » V ' V ? '"*"* *'*'* ietween such point and thTdue north l5ne ^"*''* '""''''^ '^'^^ «"«''•'* ARTICLE VL When the Commissioners shall have found Hiehlanda whioli »).» .k.ii • • .i ».ne|/t.,heG.,e™m.«T"i;cKMsS ' ~*'° """"'* «.dubi.ding„poiborp,S« "'°°'""" "l~° **" I"'". ARTICLE VII. H CORRESPONDENCE RELATING TO THE dnw a direct line from the monument at the »ourcc of the ^iver St. Croix to tha ■aid Highlandi at the eastemmott place within the dispi ..d territory, as which they ihall bo found in the manner stated ia the preceding Article to fulfil the conditions of the Treaty of 1783 ; and the line so drawi itiull be deemed and taken by the two Contracti.'.'g Parties to be *»^»*«J« "» Britannic Mnjeaty'i Enwy fixtraordinarr and Minuter Plenipotentiary, haa the honour to communicate to the eecretiry of State o. the United Statea, the explanation which he hai received from the Lieuteiiant-Governor of New Brunawick, of a tranaaction complained ot by the Land Agent of Maiaachuietti. in a report communicated to tho Underiiirned in " note from Mr. Mc Lane, dated 2 lit December lait. , "The complaint arose out of the leiiure of timber cut down without authonty upon the dmputed territory, and which, after having been seiied in the firit initance by the Land Agent of Masiachusetti, was taken noueuion of and lold by the British Agent intrusted with the preservation of the disputed terntoryon the north-eastern frontier of the United Sutes. " The explanation of this transaction is contained in an extract of a letter to the Undersigned from the Lieutenant-Governor of New Brunswick and the report of Mr. Beckwith. tho Surveyor-General of that Province, which the Lfndersjgncd has the honour to inclose in this note. A 'I r M'^''^rlf'*^ *'u *""''?'■• '" '*"-' ^"^ instance, by Mr. Coffin, the Land Agent of Maine [Massachusetts], was the exercise of authority within the con- vent.onal frontier of the Province of New Brunswick, which could not be admitted so long as the north-eastern boundary of the United States remains a subject of negotiation} and it appears that the proceeds of the sales of timber unlawfully cut down, are cart-ied to account, and the possession of them will be LEronttXUUt' ''" *^"'°^ ""^ "« "''J'"'^^'^ '^ *•»" " The Undersigned trusts that the explanation which he is now able to irive of this tranwction, will prove satisfactory to the Government of the United States, f i.- . Undersigned has the honour to renew to Mr. Mc Lane, the asaurances of bis moat distinguished consideration. " ^' ^''»- ^'"■' McLane, «. CHARLES R. VAUGHAN." efc, ejc, Jfc. r ''?n'*V.f °^ * j° Lieutenant-Governor of New Brunswick, Sir Archibald Campbell, (the predecessor of Sir John Harvey,) thus inclosed by Sir Chariea Vaughan to Mr Mc. Lane, is dated Frederickton, January 20, 1834. and contains the following explanation :- ' ' .1, i' ^1' j^" Laughlin was appointed to the wardenship of the country with fwnT^f *"^""'^""j"«; «f the President; and^•t is not conceived, therefore, that any fairground of objection can be taken to his faithful perform- ance of the duties of this office. But this Government never has admitted, and never can admit, the right of any agent from Maine or Massachusetts to exercise authority withm the conventional frontier of the Province, while its proper limiu remain a subject of negotiation." ^ *^ Mr. Mc Lane's reply to Sir Charles Vaughan is as follows :— " Depabtmint of Stath. « flir .'.THAV1..I u . , "1^<"hin9ton, Martha, 1834 u- r .1'. honour to acknowledge the receipt of your note of the 28th ultimo, furnishing the explanation of^ the Lieufenant^wTor of ?^^^^^ a ett^i^d-LVrr P " 'f"'^t' ^X '^' Land Agent of Massachusetts, b a letter addressed to his Excellency the Governor of that Commonwealth and toffTtW w?th ?f. '/"^ to inform you that conies of your communication, pSt £tin.i^l''S'"V'*!"'' *«'<»'»P»'""ed it. will, by direction of the rresiaent, be transmitted without unnecessary .IpUv ♦« ♦!,- ''i?---„h..» -<• *i.= State of Massachusetts. ' " "^c-atiT,. vx L«e "JKo'a/iC SI?XT'*d*'15 assurances of my distinguished consideration. %« Han. ^l^rU.RJ^a^Un, O.C.H.. ..LOUIS McLANE." M CORRESPONDENCE RELATINQ TO THE Ii not this prodigiously strong ? Here is • letter written fire yews ago by the predecessor of Sir John Harvey, appealing to a matter withm the personal knowledge of the President of the United States, and broadly repelling any attempt at concurrent jurisdiction against trespassers on the Aroostook by the American authorities. The President orders the letter conUming these averments to be transmitted without comment, it would appear, to toe local authorities, for their guidance. It is remarkable, that, whilst the Governor of Massachusetts, in November, 1833, is found complaining about the pretensions of this Warden, there appears no remonstrance subsequent to the date of Mr. Me Lane's letter, transmitting the " explanation" of Sir Archibald Campbell. Thus we are on the edge of a war, in which our manifesto is to state, as a justification to the world, that Mr. Harvey lias ventured to repeat what his pre- decessor not only announced, but acted upon, with circumstances of indignity to the State agents ! This unheard-of pretension is found not only in the letter book of his predecessor, but in the archives of Maine and Massachusetts, as placed there by order of General Jackson ! Let us turn, now, to the memorial of the Commonwealth of Massachusetts, m 1836, found amongst the records of this House, and ste how it discloses, in every line, a distinct recognition of the agreement, as communicated to her Chief Magistrate by Mr. Mc Lane. (Document No. 199.) " RemluHoiu of the Legislature of the State of Matsaekusetts i^Nm the suijeet of the Njrth.Ea$tem Territory of the United States, the Htle to which is still claimed by Great Britain, "Commonwealth of Massachositts. " ^' " Council Chamber, Boston, March 18, 1836. " ^^ compliance with the request of the Legislature of the Commonwealth, 1 have the honour to transmit to you a copy of a Preamble and Resolutions lately adopted by the Senate and House of Representatives, on the subject of the unadjusted controversy between this country and Great Britain, relative to the north-eastern boundary of the United States. 1 am well aware that the great imporUnce of this question, in connection with the rights and interests of the people of Massachusetts, will give it the strongest claim to the attention of their Representatives in either House of Congress. In perform'"ng the duty devolved upon me by the request of the Legislature, I beg leave to subscribe myself, " With high respect, your obedient servant, "EDWARD EVERETT.' Commonwealth of Massachvsetiv, A.D. 1836. JUsolves concerning the North-Eastem Territory of the United States claimed b§ Great Britain. "Whereas a large tract of the north-eastern territory of the United States, belonging in common to the States of Maine and Massachusetts, and lying within the limits of the former State, has for many years past, in consequence or a claim from (breat Britain, been surrendered to the exclusive custody of the British Government; and whereas, it appears from the report of the Committee appointed by tne last Legislature of this Commonwealth, to make personal exami- nation into the state of our public lands, that great inconveniences and gross abuws bare resulted frrm so valuable a po-.iion of our domain bein^ L/t in the keeprng of Agents over whom we have no controul: Therefore, ^j^"'*?. *y '** ^'^°'' "^-^ ^'^»'' «/ Representatives in General Court atsmbUd, 1 hat in the opiniow of this Legislature, it is due to the rights and interests et Maine ar.d Massachusettx, that roegsure* should be taken b" *h? Mxecutive of the United States to secure a speedy settlement of this long protracted controversy, so that these Sutes may be reinstated in the enjoyment of Lat pro- perty which was so hng in their undisputed possession, and which is so indis- putably theirs. NORTH AMERICAN BOUNDARY. 75 "Retolved, Hat in case there be a prospect of further unavoidable delay in the settlement of this controversy, it u essential to the ends of justice that measures should be taken by the Executive of the United States to obtain a repre- tentation of the interes'^s'aud rights of Maine and Massachusetts in the agency ' and guardianship of the territory in question. " Resolved, Tnat his Excellency the Governor is hereby requested to trans- mit a copy of these Resolutions to the Executive of the United States, to our Senators and Representatives in Congress, and to the Governor of the State of Maine. " In Senate, March 1, 1836: Passed, sent down for concurrence. HORACE MANN. President. "House of Representatives, March 12, 1836; Passed in concurrence. „ ., ^, , JULIUS ROCKWELL, Speaker. " Council Chamber, March 14, 1846 : Approved. EDWARD EVERETT. "Attest: JOHN P BIGELOW, Secretary of the Commonwealth." It will be seen that this great Commonwealth here anxiously entreats the Executive of the United States. 1st. To bring the Boundary Question to a speedy settlement ; and 2d. If the settlement appeared remote, at least to annul the arrangement by which two sovereign States had been stripped of the " agency and guardian- •hip " over their own concerns. Each of these prayers has been disregarded. The latter seems never to have gained a passing notice. It is true that in the course of a rambling and diffuse correspondence, high language is occasionally found in the mouth of this or that Secretary or Minister ; but the stern practical exercise of authority by the Lieutenant-Governor of New Brunswick has gone on. He has been willing to release persons seized, on their quitting the scene of assumed agency ; but not one dollar has ever been received in atonement for their seizure, nor the slightest disclaimer of authority obtained from Great Britain. The present hot urgency to obtain the "unanimous" certificate of members of Congress, that, in their opinion, there is no trace of any such agreement as Massachusetts here refers to looks very like an expedient to avert the odium due to long, gross, unpardonable' Bupineness and imbecility, even at the hazard of placing the quarrel of the country upon untenable points. The conduct of Maine, too, discloses a perfect knowledge that her hands had been tied. Thus, on the question whether she could cause a survey to be made the claim is put on this modest ground, in a letter from the Governor to the President of the United States, in April, 1838 : " It is the unquestionable rij^ht of litigants in a court of justice to make explorations of land in dispute, and, if either party declines a joint survey it may be made exparte; and surely the United States have never so far yielded the actual possession to Great Britain, as to preclude the right, on our part to ascertain for ourselves the absolute facts, end to mark out the limit? of our claim and our alleged rights." ' The Governor communicated his purpose to Sir John Harvey, who replied : 41, . t'*^^ the courtesy of your Excellency's communication I beg yon to believe that 1 am perfectly sensible; and when, in reply thereto. I inform your Excel- lency that I shall not deem it necessary to interfere with a mission whose opera- tion (hall be confined to the purposes stated in your Excellency's letter, namely, AA ?[ •"?•*'?; oota'n'"g topographical information, it is incumbent upon me to add, that it will be my imperative duty not to suffer any infringement of the pos- session and jurisdiction which Great Britain holds in the territory in dispute, unui the question of right is decided." ^ aaya: The Governor, in making this known to the President of the United States, " The answer of Sii John Harvey, although couched in courteous language, L 2 w CORRESPONDENCE RELATING TO THE •ccordmg with the well-known high and honourable character of that officer will yet doubtless command your attention and deliberate consideration, as ex- pressing, in frank and decided language, the character and extent of his instruc- tions relative to maintaining the jurisdiction of the disputed territory." Here, then, was an appeal that might well come in aid of the same object, when urged upon the Executive of the United States, in the second resolution of the State of Massachusetts in 1836. Yet not the slightest notice appears to have been (taken of it ; and the President now comes here, in a flurry affecting to treat the pretension as a portentous novelty that had just dropped from the clouds ; and we are asked suddenly to make it an affair of immediate bloodshed. But it is said that Mr. Fox has not consented to spread out the reasons on which his Government rest the pretension. And do you expect a subtle and accomplished diplomatist, in a case where delay is itself a positive gain, to answer impromptu, and thus dispose of a collateral issue that may, by dexterous management, last for many years ? He is under no obligation to point out what stares you in the face in your own records, if you will take the trouble to read them. He will be glad to shift the points of negotiation. The arrangement signed by him may enable the British Government to take high ground, if our special Ministsr shall discover at Downing-street, for the first time, that we have been rather hasty in denouncing Sir John Harvey, and driving that functionary from his stand, under rather mortifying circumstances, in the face of the dis- affected population under his charge. Sir, do not believe that we advance our case by refusing to view the subject in all its bearings. Now is the time for examination. When once engaged in war, I will not consent to look back. I shall go for the country. Such was my feeling in the last war and will be in the next. But let us not take our ground rashly, and where the enemy might wish to place us. It is the last degree of folly to suppose that there is any ad- vantage in our blindly agreeing to unite in a misstatement of the evidence which can be so instantly exposed. A candid and intelligent people will lose all faith in us when our blunders are pointed out by strangtrs, after we have involved them in a war on false or frivolous pretexts. What then is our course ? To run into a new game of diplomacy about " exclusive jurisdiction ?" To shed American blood in an obscure and senseless contest on the Aroostook? Does honour require that we shall compel the Pre- sident to seek out, during the vacation, any Sir John or Sir Andrew who may enter this di-sputed territory with notions o'f duty vhich we have assisted to put into Ills head, and before we have endeavoured to obtain, in the proper quarter, a modification of the anaiigenicnt, .such as Massachusetts, in 1836, entreated the President to effect? 1 cannot think so. We shall be wrong on any such issue. We arc right on the great one. U>t the President bring it to c close. If he cannot, let him so report, and we shall then be ready for the final appeal on broad principles which ail can understand. Mr. B. said, that in the course taken on this occasion he had braved what was most formidable to any man in public life— the peril of mibrepresentation. He was well aware how much easier and cheaper it would h»ve been tc run a race of professions about patriotism, &c., than to take a course which threw the explanation of his conduct on an appeal to reason. He felt strong enough in the confidence of his constituents, to take the line which oonscienec dictated. They were a grave and quiet people, not given to flourishes; but thei* was a stern determination— a deep-seated and vital principle of patriotism— oi. which they could rely with more confi4ence. It should not be through his age^y that they got entangled in a rash and foolish war. He would no* commu then- on pretexts which their own good sense and intelligence would ftnd out, after a while, to be hollow and deceutiv , But when the crisis came, he knew'thjrt the sound .to battle would not fm on cold or timid ears ; he knew that stout ams and brave hearts would rally from every workshop and harvest field ; that all would be ready to follow, to whatever distant fields, the proud banner of Ikmr country. I NORTH AMERICAN BOUNDARY. Wr' No. 11. Mr. Fox to Viscount Palnurston. — (Received April 15, 1839,) (Extract.) Washington, March 17, 1839. I HAD yesterday the satisfaction to receive letters from the Lieutenant- Governor of New Brunswick, wherein his Excellency communicates to me his readiness to accept the provisional terius of accommodation, recommended in the Memorandum which was signed by the United States Secretary of State and myself on the 27th of February. Sir John Harvey had lost uo time in convey- ing friendly overtures to the Governor of Maine, for the purpose of concerting with him the best means of carrying the provisional arrangement, recommended in the Memorandum, into effect. Major-General Scott, the bearer of the President's communication to the Governor of Maine, arrived at Augusta, the seat of the Government of that State, on the 8th of this month. The final resolution of the authorities of Maine, with reference to the recommendation conveyed to them from the President, to accede to the terms of accommodation agreed upon at Washington, is not yet known ; as the matter had been submitted by the Governor to the Legislature of the State, which was still in Session. Both the Governor and t'lo Legislature of Maine were understood to be entirely displeased and dissatisfied with the moderate intentions of the Federal Government, as evinced in the President's Message to Congress, and in the joint agreement signed by Mr, Forsyth and myself. I do not apprehend, however, that under all the circumstances now existing, the people of Maine will venture upon any further act likely to cause an immediate collision of arms. Even if the State authorities sliould hesitate at first to disband the Militia force, in compliance with the injunction of the President, I have no doubt but that in a very short time the Militia will disperse of their own accord, when it is found that the support of the Federal Government is refused. I am, in the mean time, informed by Lieutenant-General Sir John Cc'borne, that he has ordered Her Majesty's 11th Regiment to march from Lower Canada into the Madawaska Settlement, which Settlerae.it is a part of the disputed territory. This movement was decided upon, before Sir John Colborne had become acquainted with the provisional agreement entered into at Washington. It is in no respect, however, inconsistent with that agreement, which does not stipulate the exclusion of Her Majesty's troopi from the disputed territory. Nevertheless, looking to the spirit and intention of the agreement, I .hall not hesitate tO tender my advice to Sir John Colborne, that if the armed force of Maine be promptly withdrawn from the Restook district, he should in that case 9 nain from holding military occupation of any other part of the disputed ^rritory ; excepting so far as shall be strictly necessary for keeping open and protecting the line of communication between the provinces of Canada and New Brunswick. I shal. have ,he honour to forward to your Lordship, by the sailing packet of the 25th instint, copies of my correspondence with Sir John Colborne, and with Sir John Hirvey. I also hope, that before that time some definite account will have been received at Washington of the inttntions of the State Government of Maine. I am hapjy to say, that no disposition has yet appeared amongst the America populntion on the Canadian frontier, to renew their outrages and acts of violence, in consequence, as might have been apprehended, of the present disturbance between New Brunswick and Maine. Both the President and the Secretary of \^ ar have assured me, that no part of the United States regular troops shall bo removed from the useful service upon which they are now employed on this frontier of Canada. ii CORRESPONDENCE RELATING TO THE i'l No. 12. Mr. Fox to Viscount Palmerston.~(Received April 17, 1839.) ^^**r«Avi. V .. W'««A»V«». MarcA 23. 1839. l,.v» L ■ Af .?°*I'- ^^'■^^•t'* to '"dose copy of an official letter, which I h»ve received from the Lieutenant-Governor of New Brun.wick, in reply to a dejpa^ch which I have addrewed to his Excellency (forwarded iil my des^tch to ^^/rZf-'^ P "m^^''' '"*^"*l' ""•""""•eating to him the provisional agreement entered into by Mr. Forsyth and myself on the 27th of February. Annexed to these despatches is the copy also of a letter addressed by Sir John Harver to thft Governor of the State of Maine. ««ryey lo tn* On the I2th of this month, the Governor of Maine transmitted a special message to the Legislature of the State, upon the subject of the provEal amngement recommended from Washington. A Committee of the Legislature ^r/ f .K "-""'"t'or^ the«-f n on the 15th instant. I herewith inclose a printed S^5m ^ k""^"- I f"'";'"" •'"'« '^«"*'t ''"t t*"*' t»«e Resolution of the ^mmittee will be adopted by the State Legiskture. and that the Government of Maine will thereupon proceed to withdraw the militia of the State from the vSr-J rrSsrurttjiuTtf JriSif lo, lOOw. I HA VE the honoar to acknowledge the receipt of your Lordship's dcMpatch of the 6th of Apil, conveying to me the Draft of a Convention between Great Britain and tbe Vnh&i fmtMs 9/ America, for the appointment of a new Commii- M2 M CORRESPONDENCE RELATING TO THE •ion of Exploration and Sup'eT, with a riew to settle and determine the Boundarr line between she Provincb of New Bruniwick and the Stute of Maine. On the 10th insUnt, I addressed the inclosed official letter to Mr. Forsyth, transmitting to him the draft of the Convention. I received from Mr. Forsyth yesterday the inclosed official letter in reply, y r.ir Li)rdsliip will perceive, that the Tresident is not willing to accejic the Convention in the terms desired by Great Britain j but that he proposes to offer for the consideration of Her Majesty's Government, a counter project of Conven- tion, in which the wishes and vitws of the United Sutes will be intelligibly explained. ITie official letter addressed to me by Mr. Forsyth has, purposely, been drawn up in very general tenns ; because the President apparently does not desire to commit himself to any definite resolution, until he shall have had occasion to consult with the State 'Government of Maine. Considering the time that must be consumed in conducting a conespondt nee between Washington and the State of Maine, 1 do not expect that the counter firoject, which is now announced, will be delivered to me until the month of July, t is probable, however, that before that time I may be able to convey to your Lordship some knowledge of the principal points in which it will be at variance with the draft transmitted by your Lordship. If it shall be found possible eventually to reconcile the points of diffidence, the mere fact of this additional delay will be of no material importance. Any Con- Tention that may be acceded to by the President, must, before ratification, receive the consent and approbation of the Senate. This of course cannot be done until after the meeting of Congress in December next ; and, consequently, not until then could the Convention, even if now immediately agreed to by the Presi- dent, be finally transmitted to England to receive the ratification of Her Mi^jesty. I have, &c., (Signed) H. S. FOX. Inclosure 1 in No. 17. Mr. Fox to Mr. Forsyth. °""> Washington, May 10, 1839. I HAVE the honour herewith to convey to you the Draft of a Convention between Great Britain and the United States, which has been transmitted to me by Her Majesty's Secretary of State for Foreign Affairs, having been prepared for the purpose of carrying into effect, with certain modifications, the proposal made by the United States Government to that of Her Majesty, for the appointment of a new Commission of Exploration and Survey, with a view to settle and determine the Boundary line between the Province of New Brunswick and the State of Maine. It is confidently hoped that this project of Convention will be accepted by the President, as being framed substantially upon the basis of the original Ame- rican proposition, modified according to the wishes of Her Majesty's Government. I have the honour to inform you, that I am in that case provided with the neces- sary full prowers for signing the said Convention on the part of Great Britain. I have, &c., (Signed) H. S, FOX. Inclosure 2 in No. 1 7. Mr, Forsyth to Mr. Fox. Sir, Department of State, Washinatnn. Mnu \^ IfiSO I HAVE the honour to acknowledge the receipt of your letter of the lOth instant, transmitting the project of a Convention between the United States and Great Britain, which Her Majesty's Government had prepared for the purpose NORTH AMERICAN BOUNDARY. of carrying into effect, with variouN modificationi, the propotition made by the Annrican Government for the aj)pointnient of a Commiiwion of Exploration and Survey, with a view to settle and determine the Boundary between the State of Maine and the Britjih irovince of New Bruniwick. These papers I have hastened to submit to the President, who has •jcruscd them with the respectful attention duo to the importance of the question to which they relate, 1.0 Ickh than to the high source from which they emanate : and I am now dirccti I i ( unvoy to you the expression of his sincere regret that he is unable at once o utcede to a Convention as proposed by Her Majestv'i Government. •' ' ' In preparing the Draft which nrcompanied your note, it has been nfsnmed, that the Government of the United States are willing to recognize as binding upon them, all the proposals previously offered on their part in regard to the appointment of a Commission of J, .lorntion and Survey. This assumption it entirely erroneous. By the original proposal of the President for the erection of • Commission, a positive anu deHnitive determination of the north-eastern Boundary was intended to be effected immediately by the Commissioners, and the United States were nrepared to make some concessions to accomplish that object 5— an object which cannot be anticipated confidently from tlic Board now proposed to be constituted. The President is well satisfied, that in agreeing to make an exiniimental (not definitive) examination and survey, the British Government will not expect that of the United States to consent to any limi- tation or restriction which is not applicable to both Parties. It is not appre- hended by the President that, in other respects, any variance of views with regard to some points of the projected Convention, are incapable of reconcile- ment; on the contrary, the belief is entertained, that a full and frn"\ discussion of them cannot but lead to a mutually satisfnctory result ; more especially when both Governments, as in the present instance, are animated by the most friendly dispositions towards each other. As directly tending to such a result, I will without unnecessary delay, prepare and communicate to vou for consideration, a Counter-project, exhibiting in the most explicit form the wishes of tiiis Government in relation to the objects of the proposed Convention ; and in the mean time, I beg you to accept the assurance of my distinguished consideration. (Signed) JOHN FORSYTH. No. 18. Viscount Palmerston to Mr. Fox. ^"■' ^ Foreign Office, July 9, 1839. AS it appears by despatches lately received from you, that the negotiation now pending between Her Majesty's Government and the Government of the United btates for the appointment of a Joint Commission of Exploration and burvev, with a view to settle and determine the Boundary Line between the British Provinces of New Brunswick and Canada and the State of Maine, is not likely to be brought to a termination till the latter part of the present year ; Her Majesty's Government have thought that advantage ought to be taken of the present summer, in order to obtain as accurate a knowledge as possible of the nature and configuration of the territory in dispute ; and Her Majesty's Govern- ment have accordingly determined to send out immediately competent persons to examine and survey that district, and to make a report thereupon for the mformation of Her Majesty's Government. Lieutenant-Colonel Mudge, of the Royal Engineers, and Mr. Featherston- haugh, have been appointed for this service, and will be accompanied by five or iix persons to assist them in their operations. I inclose for your information, a copy of the general instructions which I have given to these gentlemen for their guidance ; and I have to direct you to make known to the Government of the Ilnitfid SfatP« tho nn»..ro nf th^ .»,.,:„- upon which they are about to be employe 1. I am, &c., (Signed) PALMERSTON. IMAGE EVALUATION TEST TARGET (MT-3) J?. -^ /. ^/ /. ^ «»*>^ />> '^- ^"^5" f/- fc 1.25 U|21 IZS "* i^ 12.2 1^ Ufi 12.0 HII^H WUI. U il.6 V] VQ ^/; /A "'^ Photographic Sciences Corporation 23 WIST MAIN STRUT WIBSTIR, N.Y. MSSO (716) 872-4303 iV k '^ \ ^ m 4 '<^ C.^ CX)RRElS»ONDENCE RELATING TO THE Inclosure in No. 18. Viscount Palmerston to Colonel Mudge and Mr. Featherstonhaugh. Gentlemen, Foreign Office, July 9, 1839. A NEGOTIATION is now going on between Her Majesty's Government and the Government of the United States of America, for the appointment of a joint Commission of Exploration and Survey, with a view to settle and determine the Boundary line between the British Provinces in North America and the State of Maine. Recent communications from the United States, however, have shown that it will be impossible that this joint Commission can commence its operations before next year. But Her Majesty's Government are of opinion, that advan- tage ought to be taken of the present Summer to obtain as accurate a knowledge as possible of the nature and configuration of tL^ territory in dispute ; and Her M^esty's Government have therefore determined to send out immediately competent persons to examine and survey that district, to make a report there- upon, and to prepare a map thereof. I have to inform you that I have selected you for this employment, and I now proceed to give you some general instructions for your guidance. You will proceed in the first instance to Fredericton, and from thence you will take such course as may appear to you best calculated to enable you to make the most of the present season. Her Majesty's Government do not expect you to make any extensive and detailed topographical survey of the country in question, because there is not time in the present season for such a survey; but they wish you to ascertain, by the best means within your power, whether a continuity of High- lands can be satisfactorily traced along a line extending from the sources of the Chaudi^re to the western end of the Bay of Chaleurs. Her Majesty's Govem- nient also wish to have a report upon the character and elevation of the country in that part of the due north line from the source of the St. Croix, which lies between the point where the British Commissioners under the Vth Article of the Treaty of Ghent stopped, and the extreme point to which the American Com- missioners proceeded. You will also report which of the three following lines presents the best defined continuity of Highland range. First. The line claimed by the British Commissioners from the source of the Chaudi^re to Mars Hill. Second. The line from the source of the Chaudi^re to the point at which a line drawn from that source to the western extremity of the Bay of Chaleurs, intercepts the due north line. Thirdly. The line claimed by the Americans from the source of the Cbaudi^re to the point at which they make the due north line end. You will also report in what degree the country bounded by the due north line and the lines claimed by Great Britain and the United States respectively, can be designated as Highlands in the ordinary sense of the term, assuming that term to mean, as stated in the dictionaries, "an elevated or mountainous region," and not a single ridge of hills. You will also collect whatever traditional or other information you may be able to obtain, as to the former boundary between the old French colonies and the British colonies, before the year 1783, and as to the present Boundary between New Brunswick and Lower Canada. When you shall have completed your survey, or when the season shall no longer permit you to continue your opera- tions, you will return to England, in order to give such verbal information antJ explanations as Her Majesty Government may wish to receive from you upon the objects of your mission, in addition to what may be contained in your official report. I have to add, in conclusion, that you will be accompanied by a sufficient number of intelligent persons to assist you in this service. I am, &c., (Signed) PALMERSTOR NORTH AMERICAN BOUNDARY. No. 19. Mr. Fox to Viteount Palnurtton. — {Received July 21, 1839.) Hy Lord, Washington, July 4, 1839. THE President of the United States left Washington for New York on the 20th of last month. He will remain, I believe, in the State of New York, or in some other of the northern States, during the summer and autumn ; and will not return to the seat of Government until the month of November. The Secretary of State, Mr. Forsyth^ has also been absent from Washingtim for some weeks past. He is at present at Augusta in Maine, the seat of the Government of that State, holding conferences with the Governor and Executive Council, and other leading citizens of Maine, upon the subject of the present situation of the boundary negotiation, and of the proposed Convention for the establishment of a new (jommission of Survey and Exploration. I understand, that when the conferences with the authorities of Maine are terminated, Mr. Forsyth will proceed to consult personally with the President, and that he wOl then return to Washineton. I presume that at an early period after this consul- tation, Mr. Forsyth will be prepared to communicate to me the counter project of a Convention on the part of the United States, which was announced in his official note of the 15th of last May. I hare, &c., (Signed) H. S. FOX. No. 20. Mr. Fox to Viscount Palmerston.— (^Received August 15, 1839.) (Extract.) Washington, July 30, 1839. I HAVE had the honour to receive this day your Lordship's despatch of the 9th of the present month, informing me of the Commission entrusted to Lieutenant-Colonel Mudge and Mr. Featherstonhaugh, to make, during the present summer, a topographical survey of the territory in dispute between Great Britain and the Unitra States on the north-eastern frontier of the RepuUie } and instructing me to make known to the Government of the United States, the nature of the service upon which Colonel Mudge and Mr. Featherstonhaugh are about to be employed. I have, accordingly, addressed the inclosed letter to the Acting Secretary of State of the United States, transmitting to him an extract from your Lordship's despatch. Inclosure 1 in No. 20. Mr. Fox to Aaron Vail, Esq. Sir, Washington, July 30, 1839. I HAVE the honour to acquaint you, for the information of the Govern- ment of the United States, that Her Majesty's Government has appointed Lieutenant-Colonel Mudge, of the Royal Engineers, and Mr. Featherstonhaugh, accompanied by several assistants, to proceed to the territory in dispute between Great Britain and the United States, on the north-cast frontier of the Republic, for the purpose of making, during the present summer, and before the negotia- tion which is pending for the establishment of a new joint Commission of Explo- ration can, as that negotiation now stands, be terminated, a topographical survey of various jwrts of the said disputed territory, for the use and i'nform'ation of Her Majesty's Government. Colonel Mudge and Mr. Featherstonhaugh arrived at New York on the 28th instant, and wiU proceed forthwith to the peifonnaoce ef the duty assigned to them. 8S CORRESPONDENCE RELATING TO THE I '>»*c*''* '•ono"'' »o inclow to you the extract of a despatch from Her Mjye.ty'. Secretary of State for Fo'reign Affair,, directing me to mkeVhl preaent communication to the Government of the United States. I have, &c., (Signed) H. S. POX. Inclosure 2 in No. 20. Vitcount Palmerston to Mr. fhx. **T«'-l , Foreign Office, July 9, 1839, now ~ndin?K '^'""„^««P?t?hM lately received from you. that the negotiation UnTteKZ f?r r " M'y^'y^Govemment and the Government of the Sumv wlh a!tw^' *?r'"*!?!,"* "^ ? J"'."* Commission of Exploration and PrSrlr K V° «««« «"**.''^*'"""""« the boundary line between the British toTbrou^ht^n "^ ®/""'"'"> ""? P""^?' ''"^ ""^ State of Maine, i. not likelj Mai^,?,W " termination before the latter part of the present year. Her J^enTsummrr"'/:'"^^''''''! '^T^^^' *''"' advanta'ge ought to\e takL of the 5«ure anrS;. r ^^" /^ »''»'"» »» ««c»'-at« « knowledge as possible of the Txamine andf-nrvSj! determmed to send out immediately competent persons to matron of HprM^ l** i'^"'^' »»«' »" "*''« » "-eport thereupon, for the infor- P^ir ^ 'S'J^V/ " .Government. Lieutenant-Colonel IMfudge. of the Roval Sf^il""i*?'";,?n'''"'*'"^*"«''• ''''^^ '^^» »PP°'"'«d for tW; se^Tce. aid hivl .„t^ ? Pf"'^'^ ''^^ ''^ '*.'■ ""^ P*"""" *« «««t them in their operations. I Siurlnf !"■"'* y?" *" make known to the Government of the United States the nature of the service upon which these gentleinen are about to be employed No. 21. Mr. Fox to Viicount Palmertton.— (Received August 29, 1839.) (Extract.) ^ .. TUP TT •. , c o Washington, August 4, 1839. nffln:-! 1 .♦ J ^^^' Secretary of State has addressed to me the two inclosed SllTresidTt.^''""^ '" ''' ''^'^ ^' ^^"^ ^-^' -»>- ^^ '^ "- "«y^1 tion S\hrllMir'"V*'".'*'°"''^y''. *.'•'' ^"'''"'^«" counter-projcct ofConven- tion for the establishment of a new joint Commission to explore and sui-vev the ctCjlaS.'""'"" '''""•'"^' ''''"''' '•'"' "'^-^y »'-" anJounced aSSg in The second letter refers to that other unsettled part of the northern boundarv Uk!oUh7wVTTT'''"' """'^T '^'^ ^"^^ ^»™» and sTperSr and thT trict of .. W^^^f' ^^f''^ '"^'•'■'*^'' '*''"* " ""'^ 'he American te'rritor; or dis- trict of Wisconsin." from the western part of the Province of Upper Canada- and invites Her Majesty's Government to proceed to the negotiationTa Conven' £5% wiLt str"'^' ''t'" "''""t 'r^'^^y '' tVe'Trbtitfo;";?" gS *"'S" "' ^""^' '" conformity with the VKth Article of the Treaty of w.Vhnl./'!!!!™*'"'^*^'''!'' ^^T P^P"" '" """e t« '"o'-ward them to your Lordship without comment, by the sailing.packet from New York of the 7th insUnt "^^ Inclosure 1 in No. 21, Mr. Forsyth to Mr. Fox. Sir ' Albanv. Julu 2Q. 1R.30 on th'J S^mh'i^? Ma? !" /''* ""**'• "^^'I'^i ^I y"" *<» *''*' Department of State United Sute.»„!f^ J«»t. conveying the draft of a Convention between the united States and Great Britain, prepared by Her Majesty's Government, fo. NORTH AMERICAN BOUNDARY. 8iH the purpose of carrying into effect, with modifications, the proposition of this Government for the appointment rf a Commission of Exploration and Surrey, with a view to determine the bcindary between the State of Maine and the Province of New Brunswick, and in fulfilment of the intimation contained in my letter to you, bearing date the 15th of the same month, I have now the honour to transniit to you the counter-project of a Convention, which 1 am directed by the President to offer for the consideration and acceptance of Her Majesty's Government. This counter-project will be found to vary considerably in some parts from the draft communicated b^ you, yet it is not deemed necessary to comment upon the alterations made in it, since'it is believed that the text will be found sufficiently perspicuous. It is, however, proper to remark, in relation to the new contingent provisions proposed for adoption in the closing articles of the paper herewith sent, that in recent events on our northern border, the danger of actual military collision between the citizens and subjects of the two Govern- ments has been so imminent, that the President is again admonished of the necessity of the most anxious and strenuous exertion to arrange the difficulties existing between them in regard to boundary. He is convinced, in view of what has lately happened, that a mere Commission of Survey and Exploration would be inadequate to the exigencies of the occasion, and fall behind the just expec- tations of the people of both countries. All will agree in the importance of having the measure next adopted bear upon its face stipulations which must result in a final settlement, under some form, and within a reasonable time. The additional Articles just referred to are of this character, and intended to cariy out these objects. Accept the assurances of the distinguished consideration with which I have, &c., (Signed) JOHN FORSYTH. Inclosure 2 in No. 21. Mr. Forsyth to Mr. Fox. Sif. Albany, My 29, 1839. THE Seventh Article of che Treaty of Peace and Amity between the United States of America and His Britannic Majesty, signed at Ghent on the 24th of December, 1814, is as follows :— "It is further agreed, that the said two last-mentioned Commissioners, after they shall have executed the duties assigned to them in the preceding Article, shall be, and they are hereby authorized, upon their oaths, impartially to fix and determine, according to the true intent of the said Treaty of Peace of 1783, that part of the boundary between the dominions of the two Powers, which extends from the water communication between Lake Huron and Lake Superior, to the most north-western point of the Lake of the Woods; to decide to which of the two parties the several islands lying in the lakes, water-communications, and rivers, forming the said boundary do respectively belong, in conformity with the true intent of the Treaty of Peace of 1783, and to cause such parts of said boundary as require it, to be surveyed and marked. The said Commissioners shall, by a report or declaration under their hands and seals, designate the boundary aforesaid, state their decision on the points thus referred to them, and particularize the latitude and longitude of the most north-western point of the Lake of the Woods, and of such other parts of said boundary as they may deem proper. And both parties agree to consider such designation and decision as fiual and conclusive. And in the event of the said two Commissioners differing, or both, or either of them, refusing, declining, or wilfully omitting to act, such reports, declarations, or statements, shall be made by them, or either of them, and such reference to a friendly Sovereign or State shall be made, in all respects as in the latter part of the IVth Article is contained, and in as full a manner as if the same was herein repeated." You are probably aware, that the Commissioners appointed by the two Governments to carry these stipulations into effect, having differed in regard to ctrtain portions oi the boundary embraced in the above-recited Article, and also as to the appropriation of a certain island lying in the watcrcommunicafion between Lake Huron and Lake Superior,— presented to both Governments, in accordance with the provisions of the Treaty above referred to, separate reports, N » CORRESPONDENCE RELATING TO THE diH ^^J't^^'^' V"^ '" ^>^^^\^^^7' rt'ting the points on which they differed and the grounds upon which their respective opinions were formed. 1 he contingency has thus arisen, which renders it necessary to refer these points 01 difierence to some friendly Sovereign or State for final decision, in pursuance of the stmulations of the above-recited Article. Impressed with a conviction of the expediency of proceeding to a settlement of this question of boundary whilst li! 'T!fl"'"*J'' "^'''/T ^~'" ™"»y **^ *•'« P"'"'"' embarrassments which have attended the efforts of the parties to fix other portions of the line between their conterminous dominioos on this Continent, the President has directed me to invite your immediate attention to the subject, with a view to the regulation of this reference by a formd conventional arrangement, and to inform you. as I have now the honour to do, that if you are possessed of, or shall hereafter be furnished with, the necessary full powers to enter upon sucli negotiation, I will be prepared to meet you without unnecessary delay. If, however, Her Britannic ifiajesty's ?\»ZTTj^f^' that the conventional arrangement proposed should be con- duded at London, rather than at Washington, no objection would be felt by the i^hfif •ii*"/?"'''^'"""^^'''*' negotiation thither; and proper instructions on the subject will be transmitted to Mr. Stevenson, upon receiving an intimation of the the existence of such a wish. I have, &c., (Signed) JOHN FORSYTH. Inclosure 3 in No. 21. North-Emtern Boundary.— Counter-Project of Convention. PREAMBLE. A *?^ n- -^^ "^l**?" *^"* C?'°* "'" *''® Boundary between the United States and the British Dominions in ^orth America, which is on the Highlands lyinff 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 3d of September, 1783 as the "north-west angle of Nova Scotia." nor that portion of said boilndary.' described in said Treaty as commencing at the said " north-west angle of Novl Scotia. VIZ ; that angle which is formed by a line drawn due north from the source of the bt. Croix River to the Highlands; along the said Highlands which divide Uiose rivers tha empty them^lves into the River St. Lawrence from those which Ml into the Atlantic Ocean, to the north-westernmost head of the Connecticut River; thence down along the middle of that river to the forty-fifth deirree of north latitude ; from thence by a Une due west on the said latitude, until it strikes the River Iroquois or CaUraguay,"— nor that other portion of the said Boundary which extends from the source of the River St. Croix directly north to the above- mentioned north-west angle of Nova Scotia have yet been ascertained and deter- Mi^TLTv 7f f^^^l ^^'^"''''"'^ ^Tl'*^ "P°" conflicting constructions 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 Scotia, a poi' t due north of the source of the River St. Croix, on the Highlands lying no., of the River St. John, and which divide those rivers that empty themselves nto the River bt Lawrence from those which fall into the Atlantic Ocean; anvi Great Britain claiming as the position of said north-west angle of Nova Scotia a point on a Highland aJled Mars Hill, lying south of the River St. John, and divldine those waters which empty themselves into said the River St. John from thosf which tall 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, m conformity with the stipulations of the aforesaid Treaty of 1783 bv the appointment of a new Commission of Exploration and Survey, upon princinles agreed upon between their respective Governments, with provisionVfor the Lai adjustment of the controversy, if the said Commission should unfortunately prove ineffectual : and wiih fhflf vm» ♦« «„„„I..J„ - r" .:-_ .i . ""■"} Vy^ 41. • ni •' — • '"• — n — '. — ' ■■ •"•"Cit-- a i_uurcuiioii, incT navc named as their I lenipotentiaries for this purpose, that is to say, the President of the United btates, &c. &c. &c„ and Her Majesty the Queen of the United Kingdom of NORTH AMERICAN BOUNDARY. M Great Britain and Ireland, &c. Ac. *c., who, after having ooinniunio«t«d to saeh other their respective full powers, found to be in due form, have aerced upon and concluded the following Articles : — ARTICLE I. Within months after the exchange of the ratifications of the present Convention, the two High Contracting Parties shall appoint a Commission, to be composed in the following manner:— Three Commissioners shall be named by the United States of America, and three by Her Britannic Miyesty; and these SIX Commissioners so appointed, shall have power to appoint a secretary, and such other assistants as they shall judge necessary, to enable them to execute efficiently the duties of their Commission. ARTICLE II.— Unchanged. ARTICLE IIL With a view to ascerUin and determine the point designated in the Treaty of 1 783 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 1783, is to be formed by a Hne drawn due north from the source of the St. Croix River to the Highlands which divide those rivers which empty themselves into the River St. Lawrence from those which fall into the Atlantic Ocean. In running said line, they shall commence at the point designated by the monument erected by the Commissioners of the High Contracting Parties, under the Treaty of 1794, as the true source of the St. Croix River. ARTICLE IV. If two out of the three Commissioners on each side shall concur in tracing on the ground a line, which, in their united opinion, corresponds with the description contained in the Treaty of 1783, of that portion of the Boundary between the United Sutes and the British dominions in America, which is referred to in the IlIrd Article of this Convention, they shall draw up a report to that effect, m duplicate, to which each Commissioner shall affix his signature and seal, in the presence of all the others ; and one original of such Report shall be forwarded by the United Slates Commissioners to the Government of the United States, and the other original shall be forwarded by the British Com- missioners to the Government of Her Britannic Majesty. The two High Contracting Parties formally agree to consider the report of the Commissioners, so authenticated, as final and conclusive upon this point, and as bindine upon both parties. ° *^ ARTICLE V. It being the object, as it is the earnest desire of the High Contractins L arties, 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 Hieh 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 Coramisiioueis of either party, shall deem useful in aseertainine the true boundaries of that Treaty ; and to note carefully the face of the country the position and bearing of important relative objects, and all such other facts N2 W CORRESPONDENCE RELATING TO THE and circumitancet, u they, or either of them, may deem important to a correct decMion of the points in dispute. 2nd. To collect, as far as they may be able to obtain the same, and care- lully authenticate all such maps and surveys of the disputed and of the contiguoua territory, and all official documents having relation to the premises, as will, in the opinion of the Commiiisioners, 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 points in question ; and to this end, the High Contracting Parties agree to furnish each other with authentic copies of all maps and surveys of the dJHputcd and con- tiguous territories, and also with like copies of all official documents connected with the negotiation of the said Treaty, which arc to be found in the public archives of the resnective Governments, and which two of the said Commissioners, on cither side, shall believe to have a bearing upon the subject under discussion ; and 3rd. That in case of a final disagreement amongst the Commissioners, in respect of the true location of that portion of the boundary between the United States and 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 ♦he 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 Commissioners on each side, have found themselves able to concur in opinion. 71ie said report shall be drawn up in duplicate, and signed and sealed by the Commissioners agreeing to the same; in the preaenco of all the others; and one original of snid report sliall be forwarded by the British Commiasioners to the Government of Her Britannic Majesty, and the other original shall be forwarded by the American Commissioners to the Government of the United States. 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 discussions upon the subject. AKTICLE VI. As soon as the Commissioners shall have transmitted to their respective Go- vernments the report prescribed by thelVth Article, they shall at once proceed to mark out, and make a map of such line as they shall have agreed to consider as fulfilling the conditions of the Treaty of 1783, agreeably to such report as they shall have transmitted to their respective Governments ; and the line so drawn shall be deemed and taken by the two High Contracting Parties to be a portion of the Boundary Line between the American and British territories, as intended by the Treaty of Peace of 1783. They shall certify the accuracy of such map by a declaration to be attached to it under their hands and seals, and shall paN ticularize the longitude and latitude of such points in the said line as they may deem proper. One copy of such map shall be transmitted to each Government by Its own Commissioners ; and both the High Contracting Parties agree to con- sider such map and declaration as finally and conclusively fixing the said portion of the boundary between their respective territories. ARTICLE VII, As Article VIII of the British Project: leaving out the words "in as straight a direction as the features of the country shall admit ;" and inserting, after the word " Commissioners," in the second line of the second paragraph the words, « or two on each side." ARTICLE VIIL As Article IX of the British Project. As Article X of the British Project. irrr NORTH AMERICAN BOUNDARY. 98 ARTICLE X. The map called " Mitchell V map, hitherto admitted to have reeulatcd the joint and official proceedinss of the franicri of the Treaty of 1783, shall be con- lidered as evidence niutiialljr acknowledged by the Contracting Parties as bearing upon the question to be decided. ARTICLE XL And in case the joint Commission, authorized under the preceding Articles, should not be able to concur in opinion as to the true Bounduries described in the said Treaty of 1783, it is further agreed, that the designation of that part of the Boundary line between the dominions of the United States and Great Britain, which extends 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. l>awrence, from those which fall into the Atlantic Ocean, to the north-westernmost head of the Connecticut Piver; thence, down along the middle of that river to the forty- fifth degree of north latitude, thence by a line due west, in the said lati- tude, until it strikes the River Iroquois, or Cataraguay, as described in the Vth Article of the Treaty of Ghent, shell be referred to three Commis •ioners, (neither of whom shall be a citizen of the United States, or a subject of Great Britain,) to be severally selected by three friendly Sovereigns or States, viz. and and , who shall be invited by the President of the United States and Her Britannic Majesty, to assume this office. And the said Commissioners, so appointed, shall be sworn impartially to examine and decide upon the matter so referred to them, according to such evidence as shall be laid Wore them on the part of the United States and of Great Britain respectively. The said Commissioners shall meet at , and shall have power to adjonrn to such other place or places as they shall think fit. The said Commissioners, or a majority of them, shall, by a declaration or report, under their hands and seals, decide upon the matters referred to them, and shall designate the line of Boundary in conformity with the true intent of the definitive Treaty of Peace of 1783, and both the Contracting Parties shall consider such designation as final and conclusive. ARTICLE XII. It is also agreed, that the proceedings of the Joint Commission of Explora- tion and Survey, first above authorized, so far as they are concurred in by the Commissioners of both parties, as hereinbefore provided, shall be evidence before the Commission authorized by the last preceding Article. ARTICLE XIIL And in case the last-mentioned Commissioners should find the topographical evidence laid before them, insufficient for the purpose of a sound and just deci- •ion, they shall have the power of ordering additional surveys to be made of any portions of the disputed boundary line or territory, as they may think fit ; which surveys shall be made at the joint expence of the Contracting Parties, and be held as conclusive by them. ARTICLE XIV. To provide for the compensation of the Commissioners who may be appointed under the provisions of the Xlth Article, the expcnces of the Commission, and the compensation of an Agent on each side, to make explanations in behalf of the respective parties. ARTICLE XV. As Article XI of the British Project. CORRESPONDENCE RELATING TO THE No. 22. Viieomi Palmertton to Mr. Fba. ^"' wiTET r . '''"■'^" °-^"' O"'"*"" 14. 1839. WITH reference to my despatch of the 17th ultimo, rcspectinir cncroach- •nent, on the deputed territory by the people of Maine. I have'^t^ a«,«S Jo. that a communication has been received by the Secretary of State for the Colo- n.e. from the Lieutenant-Govemor of l^ew Brunswick, inclosing/ cojy of a despatch of the 12th of August last, which Sir John Harvey had addS tj you should not have done so. I have to instruct you. upon the rec^S of th a despatch to lose no time in suting in writing to i&r.'PoSiyth thatThferection ?n ir K 'l^ »'»^^°"!'t"'<=tion of roads, and otler work, of /permanent chaucter « I^^aV^^T^ « ^""" "™ •«'*' ^"g'K^d «'tWn tJe disputed telrSy! Sir T;?H L?"'''^''o"""ri'""''=°°'"7t« the««r«ment eStered into bi I am, &c., (Signed) PALMERSTON. No. 23. Viacount Pabnerston to Mr. Fox. ^^^^"Z^vL e J^reign Office, Novmber 2, \%Z9. vn.. . M "''T"'* i^"y despatch of the 14th ultimo. I herewith transmit to S„l?rT"'*'"° •*/ Inotructron, from Sir John Harvey to the Warden S disputed temto^r; and I have to instruct you to present a note to the Govern! Sin! 5f United States, requesting them to tate the necessary steps foTwil drawing thepowe of Maine to the positions which were to be occup^d bv thit txoremor of the State of Maine and the Lieutenant-Governor of New Brunswick. Inclosure in No. 23. Memorandum for the Wardea of the Disputed Territory. .. .. Fredericton, August Z0,\ 6^9. c» * ^ r V?'"* °^ *''® tgreement entered into between the Governor of the fhTK**.., J."' '"i? "^Tu • '^T^^ the mediation of Major-General Scott, w«^ that both parties should abstain from offensive operations llgainst each other. wS a view on one side to obtain, and on the other ide to reSin. the exclusiv;^^ Sr °-.i ' t'^'^'f • "••*°'7 ♦ both parties agreeing to withdraw their S forces, with certain lim.Utions. and to l^ave matters elactly as they then sS during the discussion of the question of ultimate right by the respective GeS Governments My understanding of this agreement, that of the^eople of thS ThTr'' T* m*k" '^'"^"'■I unhesitatingly to say. that of GenerJl Ltt. wa^^ hat there should be a complete pause in the movements on either side, and that thmgs should remain as t^ then stood, viz.: the armed civil posse of Maine retaining possession of the Valley of the Aroostook, we denying their ^^"0 ITnLW? 1? M .^'^'■"'"'•y.' ""'J «''. ";«=tainin'? possession of the Valley of the Upper St John, Maine denying our right to hold it. That such was the true spirit of the aeref 'ke •fore^Td "r,/rf trtiSled .7±"4 °"'J°;: •"•i,"'"»?l;iP». "i'hin the -e, .itf deed. reXk'Zt XThi '.IS "of rst".' .Vtf 'S!"' m /..he p«'?n:i?f ?fX'''st«c'^rM'.ir"' °° "" """^ • "'"s"""" S^:»t"i:^l-o/SSSHF^^^^ the adopt on of a Convpntinn™! i;«„ ii »/i • "\*"f/reaty of 1783, or through upon the 1-Ueral SrerlZVnr ;.! TT^^-'f y> ^o^ernment will have to rely Governmerof Her MaTstl to tl^."''f ^"''"'' '" /^«"J""<^tion with thJ may be the view" and nS'.Jn^ assert and carry out the decision, whatever notwithstanding P'^"'*'"'"'"^ "^ ^^e inhabitants of the State of Maine. are yet i? dis^uV ma^ end hv'pl ^r^'f^'V '^''»™« "PO" the lands which the GoverSnt to wh^m tL fT^f "? S\»<^"°« «<" both Governments, of Government wtch^i,Tt"ca.t ^^ of'.,. for. bj 'LXSTnrofThe u" '.'^i'^' ''' T« l'nnoi';;;1;as 'been contended GrUtWtaTn'TwiU Sl'?„' VkI'IJ! l!.^.! »» '- '"«" •'^ *•?« Government of ti«e jjii ted States that whpn '.n'iL 7oo*^ ^-'^"''^"'O" of tn« Uovernment of encroachment:^; fJi^:^';■;e"'':^IiL'f■ 11""^'* "''' ^ ''«*'«''" ™*''^'-' "^ referred to in the p«,en" nite nl.n.l"' »r"'''* ''^T'^'' **"»" ^^^ oprationa road from Queb^To St Anir ^' *^^ "Ty "'^ * P'"«J««'«'' '•"««<" --ail- vueoec to St. Andrews, ^assmg through a part of the disputed 100 CORRESPONDENCE RELATING TO THE tprritory, was complained of and remonstrated against by the President, Her Majesty's Government imniediately consented to onJer that survey to be relin- quished. The Undersigned cannot doubt but that the Government of the United States will now, on their part, be guided by a similar and reciprocal disposition. * The Undsrsigned, therefore, while protesting, in the first place, formally in the name of his Government, against the acts of encroachment of the people of Maine above enumerated and complained of, urgently also, and in the spirit of peace and good will, anpeals to the Government of the United States to cause those acts of encroachment to be desisted from, in order that whenever a practical adjustment of the line of boundary shall be obtained, no minor or incidental occasions of dispute may remain, to obstruct that final and friendly settlement of the controversy, which the Undersigned feels persuaded it is the equally earnest desire of both Governments to accomplish. The Undersigned avails himself, &c., (Signed) H. S. FOX. Inclosure 2 in No. 27. Mr. Vail to Mr, Fox. Department of State, Wathingtoa, November 5, 1839. THE Undersigned, Acting Secretary of Stat^ of the United States, has the honour to acknowledge the reception of a note, dated the 2nd instant, from Mr. Fox, Envoy Extraordinary and Minister Plenipotentiary of Great Britain, and to state, that having laid it before the President, he has been instructed to apprise Mr. Fox, that it would receive the immediate consideration of the United States Governipent. The Undersigned avails himself, &c., (Signed) A. VAIL. No. 28. Mr. Fox to Viscount Palmeraton. — (Received Febnuiry 8, 1840.) (Extract.) Washington, January ]], ]840. IN my despatch of the 24th of December, I had the honour to inclose a copy of the annual Message of the President of the United States, which was on that day transmitted to the two Houses of Congress. I have the honour here- with to forward duplicate copies of the same. That part of the President's Message which relates to the question of the north-eastern boundary, will, I think, be considered as satisfactory by Her Ma- jesty's Government, both as regards the matter thereof, and also as regards the tone and mari.er of expression. It might have been hoped that such authoritative expression of the temperate views of the President would be sufficient to silence and controul the violent Erctensioiis of the State Government of Maine ; but such, I am sorry to say, as not proved to be the case. I have this day received a copy of the annual Message of the Governor of Maine, transmitted to the Legislature of the State at the opening of the Session on the 3d of the present month. I lose no time in forwarding this document to your Lordship. It will be seen that the language of the Governor of Maine upon the pre- sent occasion, in asserting the wrongful claims of the State, is in the hignest degree hostile towards Great Britain; and that the Message contains, with rct'orence to certain contingencies which the Governor presumes will arise out of the conduct of Her Majesty's CoTcrnment, indirect aiid direct threats of violence, which must render it extremely doubtful whether the next six months will puss over without the necessity of armed interference on the part of Her Majesty's authorities. The Governor of Maine, it will be further observed, in referring in his NCMITH AMERICAN BOUNDARY. lOi message to the public works, and to the State roads, whicb, in defiance of the rights of Great Britain, in violation of every agreement between the two Govern- ments, and in the face of formal and repeated protests on the part of the British authorities, arc being constructed by the agents of Maine within the disputed territory, reports to the Legislature the progress of those works, in a tone of satisfaction and approbation, as if the same were being carried on lawfully aud without objection within the acknowledged limits of the State. At the same time, the defensive movement of a small party of British troops from Canada, to reinforce the station at Lake Temiscouata, is denounced as an inva- sion of the American territory ; although that movement is strictly within the meaning of the agreements entered into at the beginnii^ of last year; and although further, the entire military occupation by Great Britain of the Mada- waska Settlements, and of all that portion of the territory which, according to the agreements of last vear, was to remain in the undisturbed possession of the British authorities, would be amply and obviously justified, as a precautionary measure, even if on no other account, by the very language now used, and the distinct threats of new acts of aggression now put forth in the Message of the Governor of Maine to the Legislature. I had the honour, in my despatch of the 13th of November, to forward the copy of an official note which on the 2d of that month I had addressed to the United States Grovernment, protesting against the continued aggressions of the State of Maine within the disputed territory. The inclosed official reply, 49ted the 24th of December, has been addressed to me by the United States Secretary of State. Your Lordship will perceive that Mr. Forsyth's note, although temperately and courteously worded, is unsatisfactory as regards the matters of complaint and protest against the conduct of Maine. It would appear, in fact, that a reference of those matters of complaint by the General Government to the authorities of Maine, had produced no other reply from the authorities of Maine than a reiteration of their intention to persist in the conduct complained of, whether sanctioned and approved by the General Government or not. I had intended, for the present, to do no more than forward Mr. Forsyth's note to your Lordship, and to wait your Lordship's instructions with respect to the further reply which it might be expedient to address to the United States' Government. With regard, at the same time, to the latter part of the note, and to the observations therein made upon the reported movement of British troops, 1 have verbally stated to Mr. Forsyth, both for the information of the President's Government, and for the information, if he should think pruper, of the Government of Maine, that the movement of troops referred to has been a strictly defensive and precautionary measure, rendered necessary injustice to Her Majesty's subjects, by the prevailing and confident reports which have reached both the British Colonial authoriries and myself, that some new and extensive act of agfjression upon the disputed territory would be committed by authority of the Legislature of Maine during the present session. I have assured Mr. Forsyth that the British authorities have, on their part, no thought or intention of infring- ing upon the strict meaning of the agreements entered into at the beginning of the last year ; and that the reinforcement of troops, whatever its amount may be, will probably be again withdrawn in the spring, if the ensuing session of the Maine Legislature shall pass over without the new hostile resolutions or acts of aggression which we have seen cause to apprehend. But now, since the publication of the inclosed Message of the Governor of Maine, with the announcement therein contained, that a formal complaint against the movement of the British troops has been made bv Maine to the General Government, I apprehend it will be better that I should immediately address to Mr. Forsyth a written note upon the subject. I shall have the honour duly to report my proceedings to your Lordship by the ensuing packet. I have the honour herewith to forward an extract of a letter, with its accompanying inclosures, which has been recently addressed to nie by Major- General Sir John Harvey. I have only this day received the inclosed Message of Governor Fairfield ; atid am, therefore, obliged to closr the present despatch (in order that it may be forwarded by the packet from N iv: York of the 13tn instant) without having had an opportunity of communicatiug v^ith Mr. Forsyth upon the matter in question. IQi CORRESPC»fDENCE RELATING TO THE I feel no doubt that tbe Prcident will regret and duapprove the Linau><» uied IB the Governor of Maine's Message. «»»PP«>ve the language ... ^ ."•"!' prabMy have the honour again to address vour Lordshin h,, ♦»,- ^ra^Jr^V''^' of the , a instant and alLX KJl-p-e FeblliTry. ' announced to depart from New York on the Ist of Inclosure 1 in No. 28. Ewtractfrom the Message of the Preaident of the United States to both Homu of Congreis.— December 2, 1839. WITH foreign countries our relations exhibit the same favourable asnect the wisTnTTTh'^ n" 7 '"^^ -""/ ^essa^^. and aflbrd continuS proK ine wisdom ot the pacific, just, and forbearing policy adonted bv A* hw Administration of the Federal Government. and%urLedTy its^succes^^S^ Tlie extraordinary powers vested in me by an Act o/^Congress. fo"the deS of the country ,„ an emergency, considered «, far probaWe « to «qule thS They have, therefore, been attended with no other result than to increase bvtli confidence thus reposed in me. my obligations to mainta n. ^th S' ^L^S nesa. the cardinal principles that govern our intercourse with other nation^ Happily in our pending questions with Great Britain, out of which tWs uSS grant of authority arose, nothing has occurred to require its exerSn • Jd «, S IS about to return to the Legislature, I trust that no fj^re neceSrmW c^^^^^^^ jts exercise by them, or its delegation to another department of the^GotS ^t^tJStd^^^^^^^ siderat.on. A just regard to the delicate state of this queSn and » ^^«' respect for the natural impatience of the State of Maine not t?h.n ^ ^ viction, that the negotiation has already been prot aS fenJeJ Zn I . 'i"'': on the part of either Government, Lve Xme o bS ^1.;*^. ** *"J favorable moment should on no account be suffered to iZwitbo.! ^u.^'^"!^^ ouesUon for ever at rest. I feel confident that the Gov^m^t of H?r SllSn Ji; ifajesty will take the same view of this subject, as I am persuLed tt T^^ TcoitvLt ^^"''"^ ^'""' "' '"""' '" '""^ -StrltU' 5 To the intrinsic difficulties of questions of boundary lines especially thn«. described in regions unoccupied, an^ but partially know? is to be E'ri„*^^ country, the embarrassment necessarily arUg out of our Constkutionly Xh the General Government is made the organ of neffotiatin^ an 1 /il; i- the ijrticular interests of the States Jwhol frtre;;"th;sflin:te' ^ Si ■ . T"* «»°*'>«.^«»nfoversy in which a State Government miSft rieht fully claim to have her wishes consulted, previously to the conclusTn of conven: tional arrangements concerning her rights of jurisdiction or territorv I Zl thought It necessary to call the attention of the Government of S u -.^ to another portion of our conterminous dominion, of Xh the dTv'sionsS remains to be adjusted. I refer to the line from the entni^e of LtTu^S to the most north-western po nt of the Lake of the Wnn/1. .»;J. i *• ^"P*"*'' uhent. The Commissioners apponted under that ArtiM^ u„ tu 7 ^;"''" '" ments. having differed in their Inions. S tlft?' rL^ t^^^^^^ Jtipulations upon the points of disagreement. anJ^ these differences are Sow to be submitted to the arbitration of some friendly Sovereiim or %tlL Tk disputed points should be settled, and the line desiLS bSL ^1.! T -7^? Government, of which it is one of the boundar^ X« ts pK^ I^ S.""""'* State ; ^and I rely upon the cordial cooperation ofThf £S 0^^^!^^^! NWITH AMERICAN BOUNDARY. m Inclosure 2 iu No. 28. Bttractjrom the Message of Chvenwr Fairfield to both hratuhes of the Legialature of the State of Maine. — January, 1840. THE long pending question in relation to our north-eastern boundary, ii still open and unadjusted, though we have reason, perhaps, for believing, that it has made some advances during the past year. We have had a renewed exprei- sion of cpinion on the part of the General Government that the territory in dis- pute is apart of the State of Maine, an indication of a determination to discharge, in good faith, the duty of tliat Government to this State, of maintaining the integrity of its territory, and a national sanction of the military demonstration* made by this State in February and March last. It is also well understood now by all parties, that however patient and forbearing Maine will he, while honest and earnest attempts are being made to run the line and definitively settle the question, she will not submit longer to be deprived of her territory by such a system of vexatious and unjustifiable procrastination as has heretofore been practised ; and that the question must be settled speedily, in some way or other, if hostilities would be avoided. This is gaining something. When parties are fully aware of the precise position they occupy, the next step taken by them will be taken under- standingly, whatever else may be said of it. Again, the occurrences of last winter served to awaken the attention of the country to the momentous importance of the question, and to induce such an examination of it as to result in a strong and universal conviction, that the pretence of claim set up by Great Britain to the dirouted territory, is palpably unfounded and unjust, and can be persevered in, only through an utter disregard of the plain and unambiguous terms of the Treaty of 1783. or e Soon after the termination of your Session in March last, a proposition was made by the British Government to the Government at Washington, for esta- blishing a Commission for the purpose of exploration and survey, but it was con- nected with such limitations and conditions, as, it is understood, caused an imme- diate rejection of it by the President. After which, and believed to be as early as July last, a counter project was submitted to the British Government, to which, as we learn by the late Message of the President, no reply has yet been received. Pending this negotiation, it seems the British Government has deemed it expedient to make an exploration of the disputed territory by Commissioners sent out for that purpose, the alleged object being, to obtain topographical information, etc., as a means of promoting an early and just determination of the question m dispute. These Commissioners have completed the exploration, and returned to England to report to their Government. What that report is to be, or what is to be the eflfect of it remains to be seen. The courtesy due from one Government to another requires us, perhaps, to believe, that the real and avowed design are the same, and that this survey has been undertaken really for the acquisition of infor- mation, and not for mere purposes of delay. At all events, a short time will determine. As the Commissioners may be expected to have reached England •bout the 1st of January, there will be ample time before the termination of your present Session, supposing it to be of the usual length, for the British Govern- ment to avail itself of its additional information, and to communicate with the Government of the United States, in reply to the counter proposition submitted many months ago. If such communif-ation should not be made within the time anticipated, I think you may faii(j. regard the British Government as haviag returned to its old practice of pr^,- »i -.ation, and will be justified in adopting more vigorous and determined meat. . . than have ever heretofore been adopted to secure to this State both her property and jurisdiction iu her lawful territory ; unless tlic necessity for such a course should be obviated by the action of the General Government. What those measures should be, may pir^-erly be left to future consideration. I need not say, that in all your efforts to secure to Maine ner just rights, you may depend upon my hearty co-operation. In giving you information of the doings of this Government, in relation to the disputed territory, since the adjournment of the Legislature in March last, permit me to refer to certain Resolves passed the twenty-third of that month. m CORRESPONDENCE RELATING TO THE 8tn7ctZtoth.t •ffJ*/ 1*^ '""* '''*P""^'' territory, without renewed in- of that terrUo^^^^ >"» Government, to seek to take military possession 1 * '* »Ppe«"ng to me that the precise contin«jency contemplated bv thp I^w!. lature had occurred, I could not h'a.it.te to recall the troop7 Any o^her coSS; t seemed to me. would be not only incurring needless exfe ise buVdisrerrd n!.' the express directions of the Legislature. Nor was !hr tep t^ken wUh an5 We"tnere;'atrm"^er''^'''T 'T''' '[-""'.f "^^^^ ^'^ ionour:? thfsta7 we naa never attempted or professed to take military possession of the territory wil show Xt the'i 7'"" f '^' ''^'' "^ •'""""^y «"•! ^'- 20th Februar'; win Show, that the object was to arrest trespassers and protect our Drooertv from devastation ; and of the last, particularly, to resist a thLt ot^xl^s rfromThe territory by the Lieutenant-Governor of the Province of n1 E Zck it ZntZnLll"^^:' '^T^''' '"''' '" "" "^"^^^ «" HbandonmenTo any posi- ottt'ASrt G """'r T'''''"\ ' ••^'•'-■^"" '» tt/a^l^ any .g ^ trtl';:L!t Tndtx ^''' ^" " —' - ^'^ '•'«''X^" ciS£ draw^I of the troops. For a particular account of his proceeding I must rSr he has hud ui the service about 200 men. That they h.ve not been iS to heTh""' ^ """''•/r ^"°1^'"« r ^''"' '''^'y ''"veaccon.piX.I l.raddiion unii thf a"'' "."'T''''^ ,'" '^"'•""'""B t«l^'«l'ly '^''I'^'ta.itial (oitificatio IS eiSed mouth of Fish River, they have made over one l.undred miles of „a7t Lou^h the heart of the wilderness— all of it bein^ suitable for tr .v,' I iL M T ""^?"S'* and for the transportation of heav. \..,U S™„ ,. ..."'. .V'':!-'''"^ with carnages •a across - "..uciiicss— uii UI It oeing suitable tor trave linir with n and for the transportation of heavy loads. ^Booms have al.s b ^ex i 1^ the Aroostook and Fish Rivers, of the most substantial chaiacte. a w ......h valuable timber thprohv «!,«„,! r».. »i i.i. .. '^"""'^"'^'atiti, diid much valuable timber thereby saved. On the who"le-thm;;;ir"rh;.""v""''" 7" ">'"'" necessarily great, it is Lieved that tl. JrJ^'^r 'u'lS' 1 e sSTC 'Z. ^ Early in the fall, complaint was made to me that the Land Ajrent of aLs« granting permits to persons residing in the Piovincf S^Ncw BrZ lers, to cut timber unnn l«n,l« ^„.,.:„ .. , • iJiuns- chusetts was granting ,,«.„.„ ,^ ,,ersons resiuing in the Province of New Krnn« w,ck, and others, to cut timber ipon lands contiguous to ,md1y"L upon E the State m relation to the prevention of trespasses upon the public lands Thi evils before experienced from this cause, and those an,, cliendc-d were ™.„^« i as numerous; and. among others, that these perniitlw e IdCna yrimlre cover for depredations upon the lands of this' State. Un.ler these c Zn ta-Tces ■,.„.^.. ..ghwa. power snouid oe exerted on his part to counteract the designs "of these persons ; and that he notify them, that if ihey persevered „ tlv^ii attempt*, the Legislature would probably adopt some regulatio.,; in regaiVlo the u^oTour NORTH AMERICAN BOUNDARY. IM^ public RtrMmi, which would render the lumbering operationR of but little avail to thoao engaged in them. The Land Agent conformed to this advice, and I am happy to Btate my belief that no more permits were subsequently granted, and that most of the persons who had previously obtained permits abandoned the design of operating under them. A few, however, did not, and whether any measures should be auopted in relation to them, carrying out the suggestion before made, it is for you to judge. The views which I have presented in this communication, upon the subject of the Boundary, were those entertained independently of what is now an ascer- Uined fact, to wit, that our territory is actually invaded, and of course are to be modified bv that circumstance. Official information of that fact was received by me a few days since, while on my way to this place, in a reply of the Lieutenant- Governor of the Province of New Brunswick to a letter of inquiry addressed to him by myself in relation to this subject. It is admitted that one or two companies of British troops have been stotioned at Temiscouata Lake, but it ia allied by the Lieutenant-Governor to have been done, not by his own orders, but by the authorities of Lower Canada. This movement I cannot but regard, under what- ever branch of British authority, or on whatever pretence it may have been made, not only as a violation of the spirit of the arrangement agreed npon in March last, but as cleariy an invasion of our territory. Under these circumstances, I deemed It to be my duty immediately to communicate the facts to the President of the United States, with other, though less official information received, of the building of barracks by the British Government on both sides of the St. John's, near the mouth of Madawaska River, which I did, calling officially for that action on the part of the General Government which the case required and the Constitution and laws of the United States cleariy enjoined. A copy of this communication to the President, and of the correspondence between the Lieutenant- Governor of New Brunswick and myself are herewith laid before you. Inclosure 3 in No. 28. Mr. Forsyth to Mr. Fox. Department of State, Washington, December, 24, 1839. THE Undersigned, Secretary of State of the Unite^ States, having, in pursuance of directions from the President, requested the Governor of Maine to communicate to him such information as might be in his possession, in relation to a complaint preferred by Mr. Fox, Envoy Extraordinary and Minister Plenipo- tentiary of Great Britain, in a note dated the 2nd ultimo, of alleged encroaS- ments on the part of the State of Maine, upon the territory in dispute upon the north-eastern frontier of the United States, is enabled by a recent commu- nication from the Governor of the State, to lay before Mr. Fox, for the infor- mation of his Government, the following statement and observations. With reference to the first ground of complaint, the Undersigned is informed that early last spring, the Land Agent of Maine dispatched a small force' consisting of about twenty-five men, to Fish River, for the purpose of dispersing a band of trespassers understood to have been operating at that place, in conse- quence of which, the trespassers' camps were broken up, some of them driven off and a few with their teams, brought to the settlement on the Aroostook but subsequently released; that the Land Agent, in further pursuance of wh'at he deemed his duty, again sent a party of about the same number of men, to the mouth of Fish River, to extend a boom across it, in order to prevent the timber which had been cut by the trespassers, from being driven out into the St. John's* and to hinder further depredations by cutting. The object of the expedition lias been accomplished, and the party remained on the ground at the date of the Governor's communication. So far the Undersigned is unable to perceive that anything has been done by the people of Mairie, in any way contravening the spirit of the agreement entered into with Mr. Fox, or that of the arrangement proposed by General Scott and subscribed by the authorities of Maine and New Brunswick. In the first place, the territory contiguous to the mouth of Fish River, on either side of the P lii CORBEBPONDlENCB RBLATINQ TO THE 91. John^, ew is no pn^wr aenw be con w ifarw l m ineinded m the M«d*«*Miai Settlcnmt. It ia diataat ■ome twenty-five nilea above it, and the two poinii m not connected by any continuom oecupatien or lettlement of the country. Bmt even if the point referred to formed part of the Madawaaka Settlement the agreeinent of the 27th of Febinary, atipulated that, in the event of Aiture nceeanty for disperung notorious trespaaaen, or protecting public property from depredation, by armed force, the operation would be conducted jointly or Mpw^ely, accordiiw to agreement between the Oovemmenti of Maine and New Brunswick. Under such an agreement, negotioted through the agency of tieneral Scott, the Oovemor of Maine was to maintain within the disputed territory, under a Land Agent, a small civil poaii-, armed or unarmed, to protect the timber recently cut, and to prevent further depredations, without any Innitauon as to the sphere of iu operation within the bounds of the disputed territory. To the attainment of those ends, the action of the parties detached by the Maine Land Agent, appears, so far as the Undersigned is informed, to have been stnctly confined. As to the military aspect or character alleged by Mr. Fox to have been assumed by the parties at the Restook and Fish Rivers, it appears that those dispatched to the last-mentioned points, composed, as statecf, each of about twenty-five men, neither militia nor soldiers, but hired labourers, were, it is true wmed with muskets, and had extended a boom across the river, and erected a Mock-houae for its protection and their own, against the numerous bands of lawless men. grown desnerate by bein^ deprived of their accustomed plunder, and over whom Her Majesty's authorities appear to have exercised but little controul. Such measures of precaution cannot but be regarded as dictated bir prudential motives, if not by the necessity of the case; and the fitness and extent of the preparation appear to tlie Undersigned, questions which could not under- standingly be discussed away from the scene of action, and which of neceuity can only be properly decided by those persons whose safety was to be secured. Upon the Aroostook, which has been the pivot of operations of the Land Agents po»«, a larger number of men has been employed. They also have extended a boom across the river, and erected near it a fortification of hewn timber, and a few other more temporary buildings. The twenty-fivo or thirty men stationed there, are likewise armed with muskets, and it is believed, have also two small pieces of artillery. The remainder, about 125, have for the most part been engaged in opening roads for summer as well as for winter com- munications, and in preparing facilities for supplying the poise. Any prepa- rations short of these, would, it is stated, have been insufficient to protect the public property, and the authorities of Maine cannot repress a sentiment of suTirise, that these should now be made a subject of complaint, when but a short time since, the establishment was, in the dead of night, assaulted by a party of some fifty men, suitably equipped, commanded by a captain of Militia, and bearing the Queen's arms, in the repulsion of which the occupanta displayed a spirit of forbearance and moderation, sufiSciently in harmony with the avowed and sole object of their occupation of the territory; and that surprUe is in noway diminished by the fact, that the Agente of the BritUh GovernmenU have just completed extensive permanent barracks on the same territory, north of the St. John s River, and are in the habit of transporting troops and munitions of war over It at their convenience. The construction of the road leading into the Valley of the Aroostook, would not. It is apprehended, have been deemed at this time a just cause of complaint, had Mr. Fox adverted to the fact that the work was commenced as long ago as 1826, under an appropriation by the Legislature of the State of Maine, and that from that time it has steadily advanced, so thot another year will probably see it completed, from near the Mattawamkeag Point in the County of Penobscot, to the Aroostook River, and thence to the mouth of Fish River, on the St. John's. It is therefore no new project conflicting with any existing arrangement, nor with any understanding to which the State of Maine has become a party, but the exercise of a lawful right over a portion of the territory in dispute, of and over which it e-'cr has had possession and jurisdiction. To say nothing of other advantages anticipated from the completion of the road, it will affbru j;reat fucHiiics for preventing trespasies upon the public lands; and, indeed, it is considered that trespassing upon the streams emptying high up upon the St, John's, cannot be prevented without such a road. The Governor of IWRTR AMERICAN BOUNDARY. Wf Mmim comiden that in enrjn'agmi Ae work referred to, the State hu dene no more that it iQcomiatent widi the rcspectire righti of parties than hare the authoritiei of Her MMeity'i Province, in constructing, and recently, aa it it underatood, in thorougnlv repairing a permanent mail road over a large portion of the territory north of the St. John's. Tlie last allegation in Mr. Fox's note forming a cause of complaint against the State of Maine, relates to her management of the lands upon the Aroostook. In this particular the Undersigned is enabled to ohterve, that the proceedings complained of, differ in no way from those which Maine, since her separation from Massachusetts, and the last named State previously to it, have ever pursued in regard to public lands. For the last thirty years, the State has been occasion- ally surveying and lotting those lands, granting them for literary, charitable, and religious purposes, and selling them in small lots to actual settlers. Of this right, so long exercised, Maine alleges that she has done nothing to divest her- seir, and that the discussions and negotiations upon the main question of Boun- dary, could not have had the effect of weakening her title to righu she had ao long been in the habit of enjoying. It is with no little surprise that, in the face of the complaints which form the subject of Mr. Fox's note, the President has received intelligence of Her Majesty's Colonial authorities having recently stationed a regiment of regular troops, part at the north, and part at the south, end of Lake "TemiBcouata ; and of Her Majesty's forces having commenced building barracks on both sides of the St. John's, at its confluence with the Madawaska. Such proceedings on the part of the Agents of the British Government, would, if true, constitute such a flagrant contravention of the existing under- standing between the parties, that the President cannot but hope that the report which has reached him of the occupation referred to, is founded upon incorrect information. The Undersigned requests that Mr. Fox will communicate to him aueh information, if any, u he may have in his possession, in rektion to the subject, and that he will by such representations as the circumstance, if founded in fact, will obviously suggest, impress Her Majesty's Colonial authorities with a sense of the inexpediency and imprudence of such proceedings, and of the unhappy consequences likely to attend their persistence therein. The Undersigned avails himself, &c., (Signed) JOHN FORSYTH. Indosnre 4 in No. 28. Mqjor-Oeneral Sir John Harvey to Mr. Fit*. Oovemment House, Fredericton, (Extract.) New Brutuwiek, December 19, 1839. I HAVE to invite your attention to the inclosed copies of a correspondence which has this day taken place between the Governor of Maine and myself, and to express my hope that the answer which I have returned to Mr. Fairfield's letter may meet with your Excellency's approbation. Inclosnre 5 in No. S8. The Ooeemor of Maine to Major-General Sir John Harvey. Executive Department, ^"> 8aco, December 12, 1839. HAVING seen in the public prints, extracts from some of the provincial papers, stating that two regiments of British troops had been stationed at Temiscouata Lake, in the disputed territory, I have been induced to innn.ire of your Excellency whether there be any foundation for these reports? A movement so clearly in violation of the arrangement red into through the mediation of General Scott, I shall not permit myseu lO believe your Excellency would make without stronger evidence than a newspaper paragraph. HI CORRESPONDENCE RELATING TO THE « * " The extreme seniitiveneu of the public mind upon thii lubjeot. I tnitt your Escellency will perceive aflbrds Mlditional reuon for an early explanation. I have, See, (Signed) JOHN FAIRFIELD. Oovernor of Mmne. Sir, Incloiure 6 in No. 26. Majw'Gentral Sir JoAn Harvey to the Governor of Maine, Oovemment Houee, FVedericton, New Brunswick, December 19, 1839. I HAVE the honour to acknowledge the receipt this day of your Excel- lency's letter of the 12th instant. ' Whatever movements of troops may have taken place on the side of Lower Canada have been made by authority superior to mine; but I apprehend they have consisted, not of two regiments, but of one or two companies, as small a detachment as can well be made to so great a distance, consistently with the maintenance of a due degree of discipline, for the protection of certain buildings which have been constructed for the better accommodation of Her Majesty's troops on their march between the Upper and Lower Provinces, and of the provisions, stores, and other public property therein deposited. A copy of your Excellency's letter shall be transmitted by me to the authorities m Canada, who, I can assure your Excellency, are as anxious as I am Uiat the spirit, as weU as the letter of the agreement entered into between your Excellency and myself, under the mediation of General Scott, in March last •hould be scrupulously observed on our part. ' I have, ftc., (Signed) JOHN HARVEY. No. 29. Viscount Palmerston to Mr. Fog. ^"' Foreign Office, February 19, 184a I HAVE received and laid before the Queen, your despatch dated the 1 Ith ultimo, relative to the question of the disputed territory, and to the recent Message of the Governor of Maine to the Legislature of that State. With reference thereto, I herewith transmit, for your information, copies of a letter with its inclosure which I have received from the Colonial Department, Mid which clearly disproves the allegation contained in the message of the Governor of Maine, that the agreement entered into between the L^utenant- Governor of New Brunswick and General Scott, had been violated on the part of Her Majesty's Government. I have consequently to instruct you to protest formally against the encroach- ments now making by the armed posse, and by the people of Maine, upon the disputed territorv, as openly avowed by Governor Fairfield in his Message You will sUte to Mr. Forsyth, that Her Majesty's Government claim and exp^t from the good faith of the Government of the United States, that the people of Maine shall replace themselves in the situation in which they stood before the agreement was signed, and that they should therefore retire from the Valley of the St. John, and continie themselves to the Valley of the Aroostook, and that they should occupy that valley in a temporary manner only, and for the purpose of preventing depredations, and that they should not construct fortifications nor make roads or settlemente. Until this be done by the people of Maine, and as longas those people shall persist in their present system of encroachment, Her Majesty's Government will feel it their duty to make such military arranjte- incnts as may be necessary for tlte protection of Her Majesty's rights ; and force wiU necessarily be repelled by force. And Her Majesty's Government deem it right to declare, that if the result of the unjustiHable and aggressive NORTH AMBRICAN BOUNDARY. IW proeMdinn of tht p«opla of Maine ihould b« collition between Her Mtfjcity'i troope and the people of Maine, tlie reaponubiiity of all the coniteiiuence*, be they what they may, which may flow therefrom, will rcat with the people and Government of the United Hiatet. You will add. that Her Majcity'i Government are only waiting for the detailed report which Colonel Mudge and Mr. Fcathcrstonhaugh arc now pre- paring, and which it ia hoped will be completed in the coumc of a month, in order to lend to the United Sutea an aniwer to their lait communication about the Boundary Question. I am, &c.. (Signed) PALMERSTON Incloaurc 1 in No. 29. /. Stephen, Eeq., to J. Backhoute, Eeq. Sir, Downing Street, February 15, 1940. I AM directed by Lord John Rueaell to tranamit to you herewith, a copy of adeapatch from the Lieutenant-General commanding the forces in Britiah North America, mcloaing an extract of to much of the Message of the Gover- nor of Maine to the Legialature of that State, aa relates to the disputed terri- tory, and exploming the real facta of the case to which allusion has been therem nade. This deapatch clearly establishes the incorrectness of the statement made by the Governor of Maine, that measures have been taken by the British authoritiea in the erection of military buildings, and the movement of troops which are in violation of th« existing agreement between the two countriea! In some points, the aaaertion thua made ia the direct contrary to the fact • in others, it la audi a construction of the fact aa the circumstances did not war- rant, and auch as certainly could not justify the charge of breach of faith which Governor Jairfleld has, upon such loose information, so directly and so confidently advanced against the British authorities. It ia not on such sliirht grounds that Lieutenant-General Sir Richard Jackson has founded the charee which Her Majesty's Government have advanced against the State of Maine of having violated the agreement. If any doubt before existed that such ia the case, the present despatch distinctly explains the nature and locality of the works which have been undertaken by the citizens of Maine, in violation of the express understanding between the two countries. Lord John Russell IS desirous, therefore, of putting Viscount Palmerston in possession of the explanation which has been afforded by Sir R. Jackson ; and he would recom- mend to his Lx)rdship'a consideration the necessity of a remonstrance founded upon It being addressed to the United States Government. I have, &c.. (Signed) JAMES STEPHEN. Incloiure 2 in No. 29. Lieutenant-General Sir R. Jackton to Lord John Russell. - _ Oovemment House, My Lord, Montreal, January 16, 1840. YOUR Lordship has been apprised by my despatch (and inclosures) of the 27th ttlt., of the actual circumstances connected with the question of the disputed territory with the State of Maine, so far aa I am acquainted with them. Having read the Message of the Governor of that State to the Legislature, of which Iherewith transmit an extract, I beg to call your Lordship's attention to the following observations upon it : — 1st It is not true that the British authorities have built barracks on both sides of the St. John's Rivef: near the Mcuth of the Madaw.-isks Hivcr. No new barracks have been built anywhere. 2nd. The barracks at the Temiscouata Lake have been always occupied by a detachment of Her Majesty's regular troops } and the only movement in that Mi CORRESPONDKNCK RELATING TO THE |irfn 5 loar thcte circumstances, I deemed it to be my duty immediately to communit i i , lact- ,<> the I'resident of the United States with other, thouah less officini, :ui\ neiion received, of the building of barracks by the British Govemme f, ou uoth sides of the St. John, near the mouth of the Madawaskn lliver, which 1 did, calling oflicially for that actio^ on the part of the General GuvefirmciU, whidt tiic case required, and the- Conattiiuliou and Laws ot the United States clearly enjoined. (Signed) JOHN FAIRFIELD. NOETH AMMMUCAM BOUNOAAT. HI Na30. Sir. Foi to PwcoimU Pffl/m«-« The Committee of Foreign Affairs of the Senate have not yet made their report. Inclosure 1 in No. 30. Mr. Fox to Mr. Forsyth. Washington, January 12, 1840. THE Undersigned, Her Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary, has the honour to acknowledge the receipt of the official note addressed to him by the Secretary of State of the United States, on the 24th of December, in reply to a previous note which the Undersigned had addressed to the Secretary of State on the 2nd of November, in relation to the various and continued acts of encroachment committed by the autho- rities, and by the inhabitants of the State of Maine, within that tract of terri- tory on the north-eastern frontier of the United States, the true title to the possession of which, according to the terms of the Treaty of 1783, is at present in dispute between the Governments of Great Britain and America. The Undersigned has lost no time in transmitting to Her Majesty's Government the official note of the Secretary of State. He has, in the mean time, to express his extreme regret, that the explanations furnished by the authorities of Maine, and communicated to the Undersigned by the Secretary of State, in relation to the acts of encroachment complained of, both as regards the construction of roads and public works, and the sale and aliena- tion of lands, are of a character which must render them altogether unsatis- factory to the Government of Great Britain. It would appear^ in fact, as if a reference by the General Government to the Authorities of Maine, of the complaints preferred by Her Majesty's Government, had produced no other reply or explanation from the Authorities of Maine, than a reiteration of their intention to persist in the commission of the acts complained of, whether in accordance with the obligations of international justice or not. The Undersigned does not permit himself to relinquish the hope, that through the wisdom and integrity of the General Government of the United States in unison with the sincere endeavours of Her Majesty's Government, it will still be found possible to bring the pending controversy of the disputed boundary to a satisfactory and amicable conclusion : but it is certain that the public acts and public declarations of the Authorities of the State of Maine are continually calculated, as far as in them lies, to render such amicable conclusion more difficult and more distant. With reference to the latter part of the official note of the Secretary of State of the United States, and to the observations therein contained respect- ing certain reported movements of British troops in the neighbourhood of Lake Temiscouata, and at other points within that portion of the disputed icrritory where, according to the provisional engagements entered into at the beginning of last year, no interference was to be attempted with the exercise of British authority, pending the negotiation of the Boundary Question.— the Undersigned can distinctly assure the Secretary of State that there exists no 114 OORRBSPONDENCE RELATING TO THE iDtoiitk»(m the part of Her M.jerty'. aothoritiet to cncel or infrinM tb* ir,iS!r^z7:z' ;rr "^' -^ ^°"» - *'« ••- •«'•" ^"^ The particular motives, and the amount of the morement of trooM .t prejent referred to. have been explained in a frank and wtXto^STner to the Governor of Maine by the Leutenant-Govemor of New BrSISck Tn « correspondence which has been made public, and which it aniTt^l.^ S: uSte"""'''^*^' '' ''' ^''^^'"^-^ of MailJt't^e^a^e'nSS .„H ^ul^rP^^' ^""^T"^' SeneraJIy. to the reinforcement of military posts, tod other defen«ve and precautionary measures, whether along the^ffi of the disDuted territory, or within that part of it where, accbrdins to tS provisionaWngagements before cited, the authority of G^arSnVas mJ to be mterfered w.th, the Undersigned has to obirve. that the adooTn of juch measures bv Her Majesty's Authorities. cannTbe with reas^TbjectA to, or complained of by the Government of the United States wh^reS J» had to the reports which for some time past have been dSedX^^^^^^ ^.tZV'^'?r'''''%°^ '^""'^ --^P"^* '^^ United sttesSemLln? t^re of The St«tr n? Jr?'-^') respecting the probable intention of the UgTslL ture ot the State of Maine, to revoke during the present Session the nrnvJ «onal agreement, now in force, and to a?thonz^e some ne wand exteT^; act of aggression over the disputed territorv. And the Undersized hi! regretted to observe, that the language of the Governor of MaiT h^ hil recent message to the legislature at the%pening of ?K sion. is caiciht^ to encourage rather than to restrain such r^ aSd obnoxioua dwiSi The Underwgned has the honour, &c., (Signed) H. S. FOX. Inclosure 2 in No. 30. Mr. Forsyth to Mr. Flag. Department of State, Wttthington, January 16, 1840. t.nH«nlof"rf '^h'ch Wr. Fox, Envoy Extraordinary and Minister Plenipo- tontiary of Great Britain, addressed on the 12th imrtant to the UndersimSd m^Th7iii ^?!f ° '^% ^^''^ S'^»^-' Mr. Fox. alluding to a coKS Krtttf ^hf *r'^-.''^* "" ".''"'" 'T''^^ movements Sf British t?S,p. in portions of the territory in dispute between the two countries, disclaiiSi t^rmsn? Z°"''''P"I ""^ '^^ ^"'""^ authorities, to cancel oriiw^S InTl- i .P™""'""*' agreement entered into at the beginning of last yea« and this disclaimer is connected with an assumption of the nght of Gr«ii Jntain to strengthen posts and take measures of [military] piicauUon, not along the line only, but within portions of the disputed territory; as by 2e terms of the agreemente referred to. no interference was to be attempted, pending the negotiation of the Boundary Question, with the exercise of Jiraish authority in the neighbourhood of Lake Temiscouata, and at other points witbm a porUon of the territory supposed to be embraced in the terms of the arrangements. Mr. Fox having stated that he has referred to his Government the representations of the United States against the military movements alluded to. the Undersigned, under a confident expectation that &!"?i-'"*l"fP'"'''K* •^««'^t? the minds of Her Majesty's Ministers in a light different from that in which it is understood by Mr. Fox. would have refrained from any further remarks on the subject; but in order to obviate the risk of any misapprehension as to the views of the President concerninir It. and inasmuch as the ground assumed by Mr. Fox with respect to the import of the existing arrangements, would, if admitted by the United totates, give to those arrangements a scope not authorized, either by the Janguaee in which thev are f>:fnrp««pH n«r k,, .„!.«♦ :. u-i:_..-j ^- i^r ., intention of the parties, it is proper that the Undersigned should call Mr. Fox 8 immediate attention to the express provisions of the agreement signed by him and the Undersigned, and of tl.ht which was aubscribed to, under NORTH AMERICAN BOUNDARY. lU the agency of General Scott, by the Governor of Maine and the Lieutenent. Governor d* New Brunswick. The main object of those agreements, obviously, was the restoration and future mamtenance of tranquillity in the disputed territory; and, as tho means of most surely attaining that object, the entire exclusion from its limits of all mjhUry force, to whichevsr side belonging, and the delegation to the civil authority, exclusively, of the exercise of all power and jurisdiction. yVith that view, under the first mentioned of those agreements, it was only in case of necessity for dispersing notorious trespassers, or protecting public property from depredations, that armed force was to be employed on either side, and then the operation was to be conducted by concert, jointly or separately, according to agreement between the Governments of Maine and New Brunswick. The other was the result of the contemplated concert between the Governments of Maine and New Brunswick; was intended to carry out the object of the first ; confided to the State of Maine the duty of protecting the timber recently cut, and of preventing further depredations and prescribed that these objects were to be accomplished through the agency of a civil posse : accordingly, the Governor of Maine engaged to with- draw, without unnecessary delay, the military force of the State. Without regard, therefore, to the limits within which either party had before exercised jurisdiction, resort to military force, for any purpose whatever, was interdicted to both parties. With reference to the extent of territory within which each party was to continue to exercice jurisdiction, the first agreement left the auestion of right where it had stood before, and only expressed the con- ictmg understanding of that question bythe Governments of the United States and Great Britain respectively. The agreement between Governor l-airfield and Ssir John Harvey, provided, likewise, that the question of pos- session and jurisdiction should remain as it then stood ; but stated where it stood, by providing that Great Britain was to continue holding, in fact pos- session of a part of the territory, meaning that part embraced in the Mada- waska settlements, in the occupancy of which, as well as in the enjoyment of the usual communications between New Brunswick and Her Majesty's Upper Provinces, the Governor of Maine disclaimed all intentions of disturbinc^ tbe British Authorities. Beyond the Madawaska settlements, therefore, circum- scribed by the limits in which they stood at the date of the agreement the United States cannot, under the terms of that agreement, recognize in the British Authorities the right of extending jurisdiction, much less that of forming any military establishments, beyond or within them; and those, consequently, which formed the subject of the representations in the note of the Undersigned of the 24th of December, pushed, as they are alleged to have been, into tracts of country far beyond any acknowledged limits of those settlements, and wholly unconnected with them, cannot be viewed in any other light than a bold infraction of existing arrangements. That such is a iust view of the agreements cannot be disputed by Great Britain, as Her Majesty's Government has adopted and acted upon it. In the note of Mr Fox, complaining of the encroachments on the part of Maine, and an armed occupation of part of the disputed territory by that State, both were treated as inconsistent with the existing arrangements ; and it is presumed. Her Majesty s Government will not attempt to apply one rule of construction to defend the military movements of its colonial authorities, and another to sustain complaints against the State Government, for acts which are not founded upon any apprehended necessity of the use of a regular military force for offensive or defensive purposes. Nor can it be imagined that it will be contended that those arrangements are not perfectly reciprocal, or that there is any difference in the character and the extent of the jurisdiction to be exercised by Great Britain in one portion, and that by the State of Maine or the United States, in the other portion of the disputed territory compre- hended withm the temporary arrangements made to preserve tranquillity ia both, and guard against any hostile collision between the State and Colonial Uovernments. i he Undersigned, having laid Mr. Fox's note before the President, is instructed to state to him, that no occasion is perceived for doubting the disposition of the Governor of Maine, scrupulously to adhere to the spirit of the existing arrangements, and to avoid all acU tending to render more diffi- Q 2 116 CORRESPONDENCE DELATING TO THE cult and distant the final adjustment of the main question of boundarj between the two countries ; but in repeating assurances of the readiness of the United States Government, to contribute by all means in its power to an amicable termination of the difference, the Undersigned is bound to declare, that a persistance in, or a repetition of, such acts, on the part of Her Majesty s Agents, as those now complained of, would, if avowed by Great Britain, be considered as but little in accordance with those assurances. The Undersigned avails himself of this occasion, &c., (Signed) JOHN FORSYTH. Inclosure 3 in No. 30. Mr. Fox to Mr. Forsyth. Wathington, January 26, 1840. THE Undersigned, Her Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary, has the honour to acquaint Mr. Forsyth, Secretary of State of the United States, that since the date of his last official Note of the 12th instant, he has been furnished by Her Majesty's Authorities in North America with more correct information than he then possessed, respecting certain reported movements of British troops within the disputed territory, which formed the subject of a part of that official Note, as well as of the two official Notes addressed by the Secretary of State to the Undersigned, on the 24th of December, and on the 16th of the present month. The same reported movements of troops were referred to in a recent message from the Governor of Maine to the Legislature of the State, and also in a published official letter addressed by the Governor of Maine to the President of the United States on the 23rd of December. It appears from accurate information now in the possession of the Under- signed, that the Governor of Maine, and through him, the President and General Government of Ihc United States, have been misinformed as to the facts. In the first place, no reinforcement has been marched to the British post at the Lake Temiscouata : the only change occurring there has been the relief of a detachment of Her Majesty's 24th Regiment, by a detachment of the same force of the llth Regiment, this force of one company being now stationed at the Temiscouata post, as it always has been, for the necessary purpose of protecting the stores and accommodations provided for the use of Her Majesty's troops, who may be required, as heretofore, to march by that route to and from the pro- vinces of Canada and New Brunswick. In the second place, it is not true that the British Aiithorities either have built, or are building barracks on both sides of the St. John's River, or at the mouth of the Madawaska River: no new barracks have in fact been built anywhere. In the third place, Her Majesty's Authorities are not concentrating a military force at the Grand Falls: the same trifling force of sixteen men, is now stationed at the post of the Grand Falls, which has been stationed there for the last twelve months. It was perhaps, however, needless for the Undersigned to advert to this last matter at all, as the post of the Grand Falls is beyond the bounds of the disputed territory, and within the acknow- ledged limits of New Brunswick. The Undersigned, while conveying the above information, upon a matter of fact, to the Secretary of State of the United States, takes occasion to repeat dis- tinctly his former declaration, that there exists no intention on the part of Her Majesty's Authorities, to infringe the terms of those provisional agreements which were entered into at the beginning of last year, so long as there is reason to trust that the same will be faithfully adhered to by the opposite party. But it is the duty of the Undersigned at the same time cleariy to state, that Her Majesty's Authorities in North America, taking into view the attitude now assumed by the State of Maine, with reference to the Boundary Question, will, as at ipresent advised, he governed entirely by circumstances, m adopting such measures of defence and precaution, (whether along the confines of the disputed territoiy, or within that portion of it, where, it has been before explained, the authority of Great Britain, according to the existing agreements, was not to be interfered with,) as may seem to them necessary, for guarding against, or for promptly repelling, the further acts of hostile aggression over the whole of the disputed NORTH AMERICAN BOUNDARY. lit Unitorj, which it appetn to be the avowed deiign of the State of Maine, soonet or later to attempt. For the Undersigned has to observe, that not only is the extensive system of encroachment, whicn was denounced and remonstrated agunst by the Under- signed in his official Note of the 2nd of last November, still carried on and Sersisted in by the armed bands emplovcd by the Authorities of Maine in the istricta about the Aroostook and Fish Rivers; but that acts, as above stated, of s character yet more violent, and obnoxious to the rights of Great Britain, and more dangerous to the preservation of the general peace, are with certainty medi- tated by the inhabitants of that State. The existence of such designs nas for months past been a matter of notoriety by public report: those designs were plainly indicated in the recent message of the Governor of Maine to the L^'sla* ture of the State: and they are avowed in more explicit terms, in the letter addressed to the President of the United States by the Governor of Maine on th6 21st of November, which letter has within the hut few days been communicated to Congress, and published. The Undersigned, it is true, has been assured by the Secretary of State in his Note of the 16th of this month, that the General Government see no reason to doubt the disposition of the Governor of Maine to adhere to the existing arrangements, and to avoid all acts tending to render more difficult and distant the final adjustment of the Boundary Question. But in face of the above clear indications of the intentions of Maine, as given out hy the parties themselves, the Secretary of State has not given to the Undersigned any adequate assurance, that Maine will be constrained to desist from carrying those intentions into effect, if, contrary to the expectations of the General Government, the Legislature or the Executive of the State should think fit to make the attempt. The Undersigned not only preserves the hope, but he entertains the firm belief, that if the duty of negotiating the Boundary Question be left in the hands of the two National Governments, to whom alone it of right belongs, the diffi* culty of conducting the negotiation to an amicable issue will not be found so great as has been by many persons apprehended. But the case will become wholly altered, if the people of the State of Maine, who, though interested in the result, are not charged with the negotiation, shall attempt to interrupt it by violence. ' Her Majesty's Authorities in North America have, on their part, no desire or intention to interfere with the course of the pending negotiation by an exertion of military force: but they will, as nt present advised, consult their own discre- tion in adopting the measures of defence that may be rendered necessary, by the threats of a violent interruption of the negotiation which have been used by all fiarties in Maine, and which the Undersigned regrels to find confirmed by the anguage, (as above referred to,) employed by the highest official Authority in that State. The Undersigned avails himself, &c., (Signed) H. S. FOX. Inclosure 4 in No. SO. Mr. Forsyth to Mr. Fox. Department of State, Washington, January 28, 1840. THE Undersigned, Secretary of State of the United States, has the honor to reply, by direction of the President, to the note addressed to him on the 26th instant by Mr. Fox, Envoy Extraordinary and Minister Plenipotentiary of Great Britam. .,..,. The President derives great satisfaction from the information conv9;^ed by Mr. Fox's note, that with reference to the reported movements of British troops within the territory in dispute, no actual change has taken place in the altitude oi ricr niujcsiy s riutnunUco 211 ihc ttisitv^j cmw nsv K!m>igi.ttivi!ia entered into by the two Governments at the commencement of last year for the preservation of tranquillity within its limits ; and from his assurances that there exists no intention on the part of Her Majesty's Authorities to infringe 118 ooRusapomwNCE reiatino to the the termi of thoM amiureineDte, so long as they are faithfully obiervcd oh the aide of the United States. The President, however, cannot nvttmk Jjehng of regret that the British Colonial Authorities, without gra%3r Ltivei a^ the possibility of a departure from the arrangemenu refeiied to, by thi Bute of Maine, should take upon themselves the discretion, and along withit the fearful responsibility of probable consequences, of beine Kuided bv circumstances, liable as these are to be misapprehended and misjudged, ft the adoptioa within the disputed territory of measures of defence iind precaution, m manifest violation of the understanding between the two opuntries whenever they may imagine that acts of hostile aggression over the disputed territory are meditated or threatened on the part of the State oJ T\ « ! P»«««!ent cannot but hope that, when Her Majesty's Govem- amit shall be appriwd of the position assumed in this regard by ite ajrenta. proper steps will be taken to place the performance of express and solemn ■greemenU upon a more secure basis than Colonial discretion to be exercised onapprehended disregard of such agreements on the part of the State ot It is gr^ifying to the President to perceive that Mr. Pox entertains the arm belief that the difficulty of conducting to an amicable issue the pending negodatwn for the adjustment of the question of Boundary is not so great ac Hm. by many persons, been apprehended. As, under a correspondinjr con- viction, the United States have, with a view to the final setUement of that ejciting question, submitted a proposition for the consideration of Her Majesty s Government, the President hopes that the sentimento expressed by Mr. J«ox have their foundation in a.i expectation of his having it in his poww at an early day to communicate to this Government, a result of the de- liberations had by that of Her Britannic Majesty, upon the proposition alluded to, wtJich will present the prospect of a prompt and satisfactory settlement. and which when known by the State of Maine, will put an end to all ground* of apprehension of intentions or disposition on her part to adopt any measures calculated to embarrass the negotiation, or to involve a departure from the provisional arrangements. In the existence of those arrangements the United States behold aa earnest of the mutual desire of the two Governments to divest a question abounding in causes of deep and growing excitement of as much as possible of the asperity and hostile feeling it is calculated to eiH^nder, but unless attended with the most scrupulous observance of the •pint and letter of their provisions, it would prove but one more cause, added to the many already prevailing, of enmity and discord. Mr. Fox has already been made the channel of conveyance to his Government, of the desire and determination of the President that the obligations of the country shall be fcithfully discharged : that desire is prompted by a sense of expediency as well as of justice, and by an anxious wish to preserve the amicable relations now, so manifestly for the advantage of both, subsisting between the United mates and Great Britain. The Undersigned avails himself, &c. (Signed) JOHN FORSYTH. IncliMare 5 in No. 30. Mr. Forsyth to Mr. Fox. -^ Department of State, ''ear Sir, Washington, February 28, 1840. I COMMUNICATE to you, informally, in accordance with the promise verbally made in the conversation I had with you a few days since, copies of three depositions recently received in a letter from the Governor of Maine, in relation to alleged movements of British troops within the disputed territory, intending to address you officially on this subject as soon as a communication expected from Governor Fairfield shall have been received. i avaii myself. Sec, (Signed) JOHN rORSYTHL KCmilf AMERICAN BOOHDAIT. HI Inclorare 6 is No. 80. tkpoiition of lb. Vmrmmt mrelatum to the movemmta <(f BnHtk tntm mOm th« dieted tmitory. HAVING just returned from Temiwouatt Lake, whera I him been on onvate busiaew. and being reauested by the GoTemor to communicate meh facts ae have fallen under my observation while there, I depose and say. That the Provincial Authorities have the past seaaoo erected extensive miiitarr woita at the head ot the lake, and others near the foot of the lake, beside th« Madawaska River, that are just completed. The erections at this last station consist of barracks sufficient for some 400 men and a store-house, in charn of eight men. At the head of the lake there are some eight or ten buildinm *^2/Sl'' *' *r ''""*®' ^^^ '***''*" ^^i^' «'**^ furnishing quarters for somei^ to 600 men. A stockade of timbers, to inclose these works, has been con. menced, two or three hundred feet of which as I shookl judge has been completed. A road connecting these parts has been constructed the past season, a distance of about sixteen miles. I was at the stations above referred to in May last. At the post at the foot of the lake there were then no barracks and no men. At the other there were some French labourers, jaat commencing the post, but no soldiers had then arrived, but now about 800 soldiers, as I was informed when there, and I should judge there was that number from the appearance of the camp, are stationed at this place under the command of a Major Chambry. Auguif, Ftbnary IJ, 1840. (Signed) P. VARNUM. Tuvxr *k 1. J ~ . ,, X«in«6«j«». JiVj6ruary 11, 1840. IMKN the abovenamed Phmess Varnum made oath that this deposition by him subscribed u true. '^ fieforaoM (Signed) ALPHBUS LYON, Juaiiot qf the Peaet STATE OF MAINE. I HFRFWY PPr*;f^ ♦fc ♦ Seer'tary'e Office, Augveta. February 12, 1840. J ."*"';"' certify that the foregoing is a true copy of the original deposited in this office. rj 6 "»• Attest : (Signed) PHILIP C. JOHNSON, Secretary of State. Inelosure 7 in No. 30. Depoeitio* of Mr. MeirkLUtle. TuJ'^A^^ LITTLE, of Bangor, in the State of Maine, depose and sav That, in October last. I was at the Temiscouata Lake in whatV!JflU,l^hi disputed territory, having been sent there noon puWic bu^.tss b^cl^^^^^^ Jarvis Esq., ProvUional Land Agent for the Sate of Maine At Z head rf the lake, upon the westerly side, there was then stationed a paft of one com- pany of British troops, say not exceeding twenty-five in nun?W TheySd pre^lni'^fer ' "" *'i'" "' '^''^ '"f^™^''' "nee t^jrontf oFju^ men I i'arn!^ f*^ T"T^^ t y"" '"PP'y "^ P«>vi«ons for two hundred SeJ; and that thT wT ***'* "^'V^'' '^' ^?' *''*' ^'^^ «^" ^^^ «t*«°"^ £d amont nthi, «*L * "^"^ *° ''* increased to two hundred men. They nad among other officers, a surgeon, commissary, and barrack-master The^ had then erected two buildings of timber for barracks. !^h%Sf;L^\^ and'on7fir tl^"**' •" • '"*" 'i'*"*' '»*»'> ' ™« *«*»*••»» f°' office""' V»^ Thev had lo h„iuT'""'y ;?«!»'■»«'«»». beside, a number of smalfer o^' SdiSj wl^n?;Kii;";:e;,°: ''^ navigation of the lake, eachcapabl. m coRBrnpcmmxcti iiklai (NO t6 ^he At the lower end of the lake and head of Madawaaka River, the Provincial Authorities have erected two buildinffi of timber, for barracks, capable of boldmg from 300 to400 men. and one building for a storehouse. There wu ^.quantity of supplies, and one man only in charge at that time, f u »» Provincial Authorities have also made a tow-path the whole length of the Madawaska, for the better navigation of that river. They have also made • road leading from the barracks at the head of the river to the barracks at the bead of the lake, distance about twenty miles ; to be continued next vear as I was there informed, to the St. John's, distance about thirty miles, they have also made extensive repairs in the road leading from the barracks at the head of the lake to their military post at the River DesLoups. distance about thirty- MX miles, one-half of it in the State of Maine ; all this has been done within the last year. e *k^'}®!5 *'."''**'"?• ■" of » permanent character. The position at the head or tbe lake u a commanding Lone] ; and I was informed while there, that it was in contemplation to surround their works with a stockade, and make it a strong military post. At Madawaska Settlement they have engaged a couple of bouses for the reception of troops, and two men there in charge. B-— . -. ,„ ,„^„ (Signed) MARK LITTLE. JSangor, Febnuuy 13, 1840. Penobtcot, M. Bangor, February, 13, 1840. THEN personally appeared Mark Little, and made oath to the truth of the above statement by him signed before me. (Signed) GUSTAVUS CUSHMAN. J*idg« of the Police Ck>urt of the City of Bangor. STATE OF MAIM. Secretary's Office, Augtuta, February 15. 1840. I HEREBY certify that the foregoing is a true copy of the oriirinal. i i file in this office. Attest : (Signed) PHILIP C. JOHNSON, Secretary of State. Inclosure 8 in No. 30. Deposition of Mr. nomas Bartlett. I, THOMAS BARTLETT of Orono, do depose and say. That in August, A.D. 1839, being m the employ of the State of Maine, by direction of Colonel Jarvis, went from Fort Fairfield to Quebec, by the way of the Luke Temiscouata upon the British Mail Route, to purchase supplies for the force at Fish River! At the foot of Lake Temiscouata there were in progress of erection, and nearly completed, two buildings, designed, as I was informed by the contractor, for quartering a British military force. The officers' quarters was a building thirty feet by twenty, according to my recollection ; it might have been larger: that for soldiers, 1 was informed by the contractor, was seventy feet by about thirty. At the head of the said lake there were four buildings, some of which had been then very recently finished, and tbe others in progress of erection. These buildings were as follows, viz., quarters for officers, about forty feet by thirty feet; quarters for soldiers, in two buildings, each seventy feet by about thirty feet ; and a commissary-house. At that same time they were preparing the foundation of a boat-house, of large dimensions, by excavating the bank of the lake. There were also upon the lake three Government transport boats, each capable of carrying fifty men. I was informed by a gentleman holding both a military and a civil commission under the British Government, that the fore- going estabiishmenu were erected by the British Authorities during the then present season. ° There was stationed at the head of tbe lake a small detachment of eight NORTH AMERICAN BOUNDARY. or twelve men. from the 24th Britiah Regiment, under the command of a corporal or serjeant ; a surgeon and commissary were attached to the post, on duty. The quarters at the foot of the lake were built of round timber, hewn upon the inside in a substantial but coarse manner. Those at the head of the lake were neatly constructed of hewn timber, with a shingle roof, and painted. I think when I went to Quebec they were at work upon all the buildings, both at the foot and head of the lake ; but when I returned, which was in September, some of the buildings were about com- pleted. A road was at that time being made from the p6st at the head of Lake Temiscouata to the falls near the mouth of the Madawaska River, by con- tract with the British Government, or rather with Mr. McLauchbn, the late Warden of the disputed territory. I passed over a portion of said road, which bad then been recently made. It was a well made permanent road. My information in relation to this road was acquired from the contractors who were at work upon it with their several crews of men. (Signed) T'TOMAS BARTLETT. Pmobseot, M. February 10, 1840. Sworn to before me, (Signed) SAMUEL CONEY, Justice of the Peace. Inclosure 9 in No. 30. Afr. Forsyth to Mr Fox. Department of State, Washington, March 6, 1840. BY the directions of the President, the Undersigned, Secretary of State of the United States, communicates to Mr. Fox, Envoy Extraordinary and Minister Plenipotentiary of Great Britain, the inclosed copy of a Report made to the Governor of the State of Maine, by the Agent commissioned on the part of the authorities of that State to ascertain the precise character and extent of the occupation of parts of the disputed territory by troops of Her Britannic Majesty, and of the buildings and other public works constructed for their use and accommodation. By the Report and the three depositions which the Undersigned informally communicated to Mr. Fox a few days since, he will perceive there must be some extraordinary misapprehension on his part, of the facts in relation to the occupation by British troops of portions of the disputed territory. The statements contained in these documents, and that given by Mr. Fox in his note of the 20th of January last, exhibit a striking discrepancy as to the number of troops now in the territory, as compared with those who were in it when the arrangement between Governor Fairfield and Lieutenant-Governor Harvey was agreed upon ; and also as to the present and former state of the buildings there. The extensive accom- modations prepared and preparing at an old and at new stations, the works finished and in the course of construction on the land and on the water, are not in harmony with the assurance that the only object is the preservation of a few unimportant buildings and storehouses for tne tem^rarary protection of the number of troops Her Majesty's ordinary service can require to pass on the road from New Brunswick to Canada. The Undersigned will abstain from any remarks upon these contradictory statements until Mr. Fox shall have had an opportunity to obtain the means of fuP.y explaining them. How essential it is that this should be promptly done, and that the steps necessary to a faithful observance on the part of Her Majesty's Colonial Authorities of the existing agreements between the two Governments should be immediately taken, Mr. Fox cannot fail fully to understand. The Undersigned avails himself, &c., (Signed) JOHN FORSYTH. R -# m CORRESPONDENCE RELATINa TO THE f laciMim 10 b No. SO. Btport to kii JBaeeUfiwy the HoHounhU John Faitfield, Gwmior o/Makt. jhifUMt; Mmtu, Febntary 27, 1840. THE Undersigned hu the honour to report, that in accordance with yov eommisslon of the 6th iniUnt, he proceeded immediately to the St. John'a Riw, Temiscouata Lake, &c., and ascertained by actual obaenration the followine facta! That twenty-two miles below the mouth of Fish River, on the south side of the St. John's, and nearly opposite the Madawaska River, a house has been fitted up for barrackt, and is rented by the Enelish Government for that purpose, thonch no troops are there at present. It is built of hewn timber, two stories high, •bout sixtjr feet long and thirty wide ; it has bunks prepared for over 100 men. It is now in charge of one man only. From thence he followed up the Madawaska River, observing the tow-path on its east bank, which has been made and repaired by the English Government, under contracts given out by James A. McLauchlan, Esq., of New Biunswick, the gentleman who has heretofore assumed to act as Warden of the disputed territory. This work was accomplished the last icason ; the length corresponds with that of the cast side of the Madawaska River, which is about twenty-six miles long. Two miles and a half below the foot of the Temiscouata Lake, on the west bank of the Madawaska River, the English erected early last summer a barrack about eighty feet long and thirty wide, and two small out-buildings. At this post there are now stationed one serjeant, one corporal, and five private soldiers of Company No. 3, 11th Regiment in the English service, where they have been since about the 1st of January last. Near this point commences a road connecting it with the English works next described, built the past season, under contracts given out by said McLauchlan, for the distance of sixteen miles, ten of which are fully completed, and the remaining six nearly. That fifteen miles from the foot of the Temiscouata Lake on its west side, the English have erected eight buildings as barracks for soldiers, officers' (quarters, a hospital, a magazine, a storehouse, and a commissary's house' «n of which are surrounded by ditches, breastworks, and stockades on three sides ' the fourth is not fully completed : an accurate plan of all these works accompanies this report, and is here particularly referred to. From Major Cbambri, the Commander at this Fort, who was first informed of the object and cause of the enquiries, and from his officers, the following facts were ascertained : That he was there stationed by the Government of the Canada* having under his command one company of grenadier soldiers, numbering about eighty-five men of the 1 1 th Regiment, and one light company, the 3rd of the same regiment numbering about ninety men, in all 175, not including oflicers com- missioned or servanU. The names of the officers are Migor Chambri, Captam Wallington, Lieutenants Bloss and Gould, and Ensign Tobun. That the barracks were commenced last spring, and some of the buildings are still unfinished ; that the first soldiers were stationed here in June last, comprising a serieant and corporal, and ten men of the 24th Regiment, and in November following said company of grenadiers were ordered to take their place, and that about the 1st of January last, they were reinforced by the said 3rd company. That the road from these barracks to the River des Loups has been made and repaired the past season, distance about thirty-six miles. In addition, the Undersigned ascertained that the English have built at Lake Temiscouata a number of large flat-bottom boats, and also keel boats, each of which will serve to carry fifty men, and the flat-bottom boats would transport safely heavy ordnance. Outside the defences, the English have a boat and storehouse. The works at this fort are calculated to be a sure defence against artillery and light arms, as will more fully appear from the plan annexed. All of which is respectfully submitted. (Signed) BENJAMIN WIGGIN. HOftin AMmCAK BOUNOART. •TATI or MAINE. Bmttarjf'i Offiet, Jhgiuta, Fkbnutry 27, 184ft tvj^i*"^ ctrtHythrt the foregoing ii a true copy of the original deposited Attert: (Signed) PHILIP C. JOHNSCWf, Steretary of Stat$. iMlMore 11 in No. 80. Mr. Foa to Mr. Fortyth. Wtukmgtm, March 7, I840L ... .THE Undenigned, Her Britannic Majesty's Envoy Extraordinary and Sinister Plenipotentiary, has the honour to acknowledge the receipt of th« official note of yesterday's date, addressed to him by Mr. Forsyth, SecnsUry of State of the United States, to which is annexed the copy of a report from Mr. Bpnjamin wi^jpn, an agent employed by the authorities of the Sute of Maine, toYuit the British niihury post at Lake Temiscouata; and in which reference ig made to other papers upon the same subject, which were informally communicated to the Undersigned by Mr. Forsyth, a few days before ; and the attention of the Undersigned IS called by Mr. Forsyth to different points upon which the informa- tion contained in the said papers is considered to be materially at variance with that which was conveyed to the United States Government by the Undersiened m his official note of the 26th of last January. The Undersigned had already been made acquainted by the Lieutenant- Governor of New Brunswick, with the circumstance of Mr. Wiggin's visit to the military post at Lake Temiscouata. where the officer in command very properly furnished to Mr. Wiggin the requisite information upon ail matters connected with the British station, which he appeared desirous to enquire about. The alleged points of variance, afler deducting what is fanciful and conjec- tural, in the reports now produced, and after comparing what is there stated, in contradiction to other reports before produced from the same quarters, do not appear to the Undersigned, to be by any means so material as they seem to have been considered by the Government of the United States. The British military detachment stationed at Lake Temiscouata, which the agenU employed by the State of Maine had in the first instance, with singular exaggeration, represented ai amounting to two regiments, is now discovered by the same parties to amount to one hundred and seventy-five men, which instead of two regiments is something less than two companies, it is indeed true, should such a point be considered worth discussing, that the Undersigned might have used a more technically correct expression m hia note of the 2tith of January, if he had stated the detachment m question to consist of from one to two companies, instead of statinir it to consist of one companv. But a detachment of Her Majesty's trooM has been stationed at Lake Temiscouata, from time to time, ever since the winter of 18J7 and 1838, when the necessity arose for marching reinforcements by that route, from New Brunswick to Canada ; and it will be remembered that a teiMorary ri^ht of using that route for the same purpose was expressly reserved to lireat Britain in the provwionul agreement entered into at the beijinninir of last year. It is not therefore true that the stationing a military force at the Uka lemiscouata, is a new measure on the part of Her Majesty's authorities; neither u It true that that measure has been adopted for other purposes than to maintain tne security of the customary line of communication, and to protect the build- ings, stores, and accommodations provided for the use of Her Majesty's troops When on march by that route; and it was with a view to correct miilapprehen- sions which appeared to exist upon those points, and thus to do awav with ona nccoiew o«oa»ioa of dispute, that the Undersigned conveyed to the United States uoverntnent, the information contained in his note of the 26th of January. With regard again to the construction of barracks, and other buildings, and the preserving them in an efficient state of repair and defence, a similar degree R 2 til CORRMTPONDKNCK lUBLATlNO TO THE of error and niMpprehendon >pp«m itill to prerdl in tht uindi of tiM Anoriwa •uthoritiM. The erection of thoie building! within the portion of the dieputed territory now referred to, for the iheitor of Her M^y ■ troops while on their muvh, •nd for the ufe lodgement of the itoree, ii no new act on the part of Her Miyeity*! euthoritiei. The buildingi in queitinn htive been in the enurae of eon- itruction from ■ period antecedent to the proviaional agreementi of laat year, and they are now maintained and occupied along the line of march, with a view to the lame objecta above ipecified, for which the amall detachments of tioopa also referred to. are in like manner there stationed. The Undersigned will not refrain from here remarking upon one point of eonparison exhibited in the present controTersy. It is admitted by the United States anthoritiei, that the armed bands sutioned by the Government of Main* in the neighbourhood of the Aroostook River, have fortified those 'stotions with artillery; and it is now objected as matter of complaint against the British authonties with reference to the buildings at the Lake Temiscouato, not that (hose buildings are Aimished with artillery, but only that they are defended by palisades capable of resisting artillery. It would be diiflcult to adduce stronger evidence of the acts on the one side being those of aggression, and on tlie other of defence. The fact shortly is, and this is the essential point of the argument, that Her Majesty's authorities have not as yet altered their state of^ preparation, or ■trengtnened their military means within the disputed territory, with a view to settling the question of the boundary, although the attitude auumed by the State of Maine, with reference to that question, would be a clear justification of such measures ; and it is much to be apprehended that the adoption of such measures will sooner or later become indispensable, if the people of Maine be nat compelled to desist from the extensive system of armed aggression which they are continuing to carrv on in other parts of the same disputed territory. The Undersigned avails himselti kc., (Signed) H.S.POX. Inclosure 12 in No. SO. Mr. Fox to Mr. Fortytk. WatKingtoH, March 13, 1840. THE Undersized, Her Britannic M^estv's Envoy Extraordinary and Minister Plenipotentiary, hu been instructed by his Crovernment to make the following communication to the Secretary of Stete of the United States, in reference to the Boundary negotiation, and the afiaira of the disputed territory. Her Majesty's Government have had under their consideration the official note addressed to the Undersigned by the Secretary of State of the United States, on the 24th of last December, in reply to a note from the Undersigned, of the 2d of November preceding, in which the Undersigned protested, in th« name of his Government, against the extensive system of aggression pursued by the people of the State of Maine within the disputed territory, to the prejudice of the rights of Great Britain, and in manifest violation of the provisional agreements entered into between the authorities of the two countries at the beginning of the last year. Her Majesty's ^Government have also had their attention directed to the public message transmitted by the Governor of Maine to the Legislature of the State on the 3rd of January of the present year. Upon a consideration of the statements contained in these two official docu- ments, Her Majesty's Government regret to find that the principal acte of encroachment, which were denounced and complained of on the part of Great Britain, so far from being either disproved, or discontinued, or satisfactorily explained by the authorities of the State of Maine, are on the contrary, persisted in, and publicly avowed. Her Majesty's Government have consequently instruc-teu the Uadersigued once more formally to protest against those acts of encroachment and agression. Her Majesty's Government claim, and expect from the good faith of the Govern- NORTH AMERICAN BOUNDARY. in mean of tiM Unittd Statu, tbu tht people of Maiue ihitll rtpltcfl thmiMlvM ia the lituation in which they ittiod before the agreementt of lut year w«r« Mgnod; that they ihall thoreibre retire from the ralley of the St. John, and coniino themaelvee to the Vallev of the ArooMook ; that they ihall occupy that valley in • temporary manner only, for the purpow, a.i agreed upon, of preventing depre- dations; and that they shall not construct fortificaUons, nor make roada or permanent lettlenenta. Until this be done by tho people of the State of Maine, and to long aa that people ahall peraiat in the present system of agareaaion, Her Mi\josty'a Oovenu ment will feel it their duty to make such militarjr arrangement* as may b« requ>re«l for the protection of Her Migestv's rights. And Her M^esty'a Government deem it risht to declare, that if the result of the uniustiflable pro- ceedings of the State of Maine should be collision between Her Ms^iesty's trot^ and the people of that State, the responsibility of all the consequencta that maj ensue therefrom, be they what they may, will rest with the people and Goveni.- ment of the United States. The Undersigned has been instructed to add to this communication, thiit Her Majesty's Government are only waiting for the detailed report of the Britiah Commissioners recently employed to survey the disputed territory, which report it wu believed, would be completed and delivered to Her Migesty's Government by the end of the present month, in order to transmit to the Government of the United States, a reply to their last proposal upon the subject of the Boundary negotiation. The Undersigned avails himself, &e., (Signed) H.aFOX. Incloture 13 in No. 30. Me»$agefrom the President of the United Btatet, eommunieating, in eomplianet with a retolution of the Senate, copiei of correspondence in relation to the Nortk' Eastern Boundary and the jurisdiction of the Disputed Territory ; and, aifo, tn relation to the establishment of military posts in the State of Maine. Washington City, To the Senate of the United States, January 22, 1840. IN compliance with the resolutions of the Senate of the 17th instant. I communicate a report and documenta from the Secretary of State, and a report from the Secretary of War. (Signed) M. VAN BUREN. Ill Inclosure 14 in No. 30. Mr. Forsyth to the President of the United States. Department of State, January 22, 1840. THE Secretary of State, to whom baa been referred so much of a resolution of the Senate of the 17th instant, as requests the President to communicate to the Senate " all the correspondence which has been had between this and the British Government upon the subject of the north- eastern boundary, and of the juiiodiction of the disputed territory, which has not been communicated heretofore, or so much of it as in his opinion, may be communicated without prejudice to the pending negotiation ; with all the correspondence which has been had, since the last session of Congress, with the Governor of the State of Maine and with the Minister of Her Britannic Majesty at Washington, relative to the invasion of the State of Maine, and to the exercise of jurisdiction within the disputed territory by either party, or so much thereof as he may deem consistent with the public interest,"— has the honour to lay before the President all the papers in the Department of State not before communicated* except those relating^imme^ Kit lew a4 1» CORRESPONDENCE RELATING TO THE di^dv to the pndiiw negotiation for the wttleraent of the nerth-eMtem Doeodwjr, the itatB or which was communicated to Coagreaa at the openiof of Ibeieasioo. (Signed) JOHN FORSYTH; Incloiure 15 in No. 30. Mr. StevmsOH to Mr. Foraifth. /■•4.^ » ^*'**«* of '*« Rift«d StaUf, ^^Axrm V ,. landm, Mas 5, 1838. _ I HAVE the honour herewith to transmit to you a copy of the lait Mte receired from Lord Palmerston, upon the subject of the northAastem boundary, with my annwer thereto. You wOI see, from my note, that the comqwndence on my part is closed. Indosure 16 in No. oO. VtKOutd Palmertton to Mr. Steventon. Foreign Office, AprU 16, 1838. [See Pafen presented to Parliament in 1838, Class B, No. 10, p. 78.] Indosure 17 in No. 30. Mr. Steventon to Vitcount Palmerston. Portland Place, AprU 21, 1838. [See Papers presented to Parliament in 1838, Qasa B, No. 1 1, p. 79.} Inclosure 18 in No. 30. Mr. Steventon to Mr. Forsyth. Legation of the United States, (Extract.) London, March 6, 1838. I HAD flattered mvself that I should have been able, before this, to have communicated to you tne favourable decision of this Government upon Mr. Oreely's case. In this hope I have been disappointed. Although I have taken every favourable opportunity to urge the consideration of the subject on the Government, and to apprize Lord Palmerston of the state of feeling in Maine, and the desire of our Government to have it speedily adjusted, I deemed it proper to address to him last week another note, a copy of which I have now the honour to transmit to you. To this no reply has been received. TTie delay to act on the case has doubtless arisen frora the wish of the Govern- ment here to communicate with the authorities of New Brunswick before a dedsion is made. Inclosure 19 in No. 30. Mr. Steventon to Viscount Palmerston. rSmt PaiMPg CfMnnfaj tn Pavlijiniont in lA^lB. nis; Portlmd Place, February 26, 1838. 4.3 if} itu. f, |r. i-^ NORTH AMERICAW BOUNDARY. m Inclonire 20 in No. 30. Mr. Stevemon to Mr. Fortjftk. /V^fMM . Legation of the Umted 8tate$t (Extn^.) iomton, JIfarcA 26. 1838. IN my despatcli, No. 41, I informed you that I had written a third not* to UM-d Falmeriton, urging the decision of the Government upon Mr. Givelv's **"* A^- ' ^^ ' ** P"'^"*^*'* *^^^ desired effect, and I received lart » . . J , • , r — » " !--—.—•.- V..W u^^siicu cuct.^ KDu 1 receirea last week lu« Lordship a answer, communicating the decision, a copy of which, with av reply, I have now the honour of transmitting to you. The duracter of Loid fUmerstons note, as you will see, is very decided, and manifesU a settled determination on the part of this Government, to enforce its claim of juritdicti^ over the disputed terntory, pending the negotiation on the quesUon of boundarr- under the treaty. His Lordship's note reaffirms the grounds taken by LoiS Aberdeen, m his communication to Mr. Lawrence of the 14th of Auenst. 1828 "'•i tif'/^'r .«^'";.^*'J"''' '^^''^^ ^"^ Palmerston considers as entirely paiaUel with that of Mr. Greely. In my reply, I deemed it my duty to remo^stnits jpinst the whole proceeding, and to assert, respectfully, though with firmne*. the just claims of the United Sutes, and the determination of our GovennaMt to support them. I availed myself, moreover, of the opportunity to notice the doctnne auerted in Ixird Aberdeen's note, that the {^cognition of the inde- pendence of the Umted States, by the Treaty of 1 783, «, &r as our riirhts aiad territory were concerned, was to be regarded as a matter of "grant" and " oes. Bon. This, as you wUl see, I felt it my duty to expose and protest against, oa the part of the United States. I have, however, litUe doubt, that while the Government here conUnue to assert the right of jurisdiction over the disputed tCTntory thev wiU give orders (if they have not already done so) for the teleaw of Mr. Greely. / -« .«•««, Inclosure 21 in No. 30. Tiseount Palmerston to Mr. Stevemon. J«br«sf« Office, Mtnk 12, 1436. fSee Pipers presented to Pariiament in 1838, Clios B, No. 8, p. 75.] Inclosure 22 in No. 30. Mr. Stevenson to Vitcount Palmerston. .„ _ i^r^andPiacc. AfarcA 20, 1838. Ibee Papers presented to Pariiament in 1838, Class B, No. 9, p. 76.] Inclosure 23 in No. 30. Mr. Forsyth to Mr. Stevenson. Si- Department of State, ' , „ Washington, March 6, 1839. ;i«.„L?» ?^™ ^™'"""!* *° y**"' ^°'" y«'"' infonnation, sevend printed fT^Z^T' '"''"'^ "''"^T ""«"»" ^'^ other important papem relatS to recent occurrences upon the northern frontier of the UniteTstateTA S ""\!!..S!" *•'" Si* y**" ^ ."•■S^^'^y "^^^ °°* exists for the setUewnt E -7 -"/ 55 ^ufii ^uanor, octwoeH toe United iStates and the British mTI\ a 'u""'^''' "'**r"' subsisting between the two countries, are able, «i«Jy and hourly, to disruption, from unfortunate eollisiooa brtween ciUzen. of the Unrted Sutes and fier Majesty's colonial subject^ to«S° lonal and most embarrassing difficulties between State and Provincial aS£. 198 CORRESPONDENCE RELATING TO THE rities. It i& proper, therefore, that you should immediately place younelf in communication with Her Majesty's Principal Secretary of State for Foreign Affiiirs, and press the importance of early action in regard to the mutter of the north-eastern boundary, by considerations and arguments drawn from the existing state of things on our frontier, and the immediate jeopardy to which the interests and well-being of the two nations are thus exposed. You will also say that the President sincerely laments the delay, whatever its cause may be, that hat prevented the adoption of measures, on the part of Her Majesty's Govern- ineiit, to meet his just expectations, by advancing the negotiation for the adjust* ment of the whole controversy; yet he confidently hopes that the motives; derivable from a knowledge of recent events on our borders, are too cogent to be disregarded, and that Her Majesty's Ministers will hasten to take proper steps to avert the calamity which now impends over the two countries. What has delayed instructions to Mr. Fox from Her Majesty's Government, it is impossible to conjecture. That gentleman informed me, in one of our inter- views on the occurrence of the recent disturbances, that Mr. Hudson, his Secre- tary of Legation, lately arrived here, had seen in the Foreign Office, before he left London, a pro;e< of the Convention for exploration and survey, which was intended to be proposed to the United States. This circumstance was the groundwork of the confident expectation, you will see, that Mr. Fox expressed of an early settlement of the principal question — an expectation which the President has a right to presume will not be disappointed. You will perceive from the newspapers, that Congress, at the close of their late session, passed a law providing for a special mission to Great Britain, and giving additional powers to the President, in certain contingencies, to place the country in a state of defence, should measures of that character ultimately prove to be necessary. The place of negotiation, you are aware, has been already agreed upon; yet the President, desiring to conform to the indicated wishes of Congress, is willing to change it to London, should it be agreeable to Her Majesty's Government, and if it would, in their opinion, hasten or facili- tate the final adjustment of the controversy. As the subject presses, yoU will urge the earliest determination on this point, and communicate it as soon as it is made known to you, that the present excitement may be allayed. Mr. Fox, in a recent conversation with me, expressed his apprehension that the passage of this bill might be viewed by Her Majesty's Government as a minatory act on the part of the United States ; to which observation I replied, by suggesting, that it was scarcely possible that any misapprehen- sion of that kind could arise, since the fact was obvious, that the enactment WIS only in answer to the threat of the British provincial authorities. In this light you will of course regard it, in your intercourse with Lord Pal- merston, and will, it is not doubted, be able to prevent any sinister interpretation of a measure so very evidently one of precaution. I am, &c., (Signed) JOHN FORSYTH. Inclosure 24 in No. 30. Mr. Stevenson to Mr. Forsyth. Legation of the United States, Sir, London, April 5, 1839. I RECEIVED by the Liverpool steamer, which arrived last week, your despatch of the 6th of March, with the printed documents containing the President's messages to Congress, and other important papers relating to the recent occurrences upon our north-eastern frontier. By tne same arrival, the Government here received official accounts from Mr. Fox and the Governor of New Brunswick. The Scotland, which preceded by a few hours the Liver " sn.vtruiit:r ultimo. On Wednesday, the day your despatch was received, the motion which had been made by Bit C. Grey, for the production of papers in relation to the north- NORTH AMERI' AN BOUNDARY. m. eutera boundarv. vru to come up in the House of Commons. As the Liverpool had brought full accounU of the debates and proceedings of Congress, which produced, as might have been expected, a good deal of excitement for the moment, I thought it highly probable that another effort would be made to get up a debate upon the whole subject, with a view of drawing the ministry out upon the question of jurisdiction over the disputed territory, and the orders which had been given to Sir John Harvey, for the purpose of enforcing it. Fearing that if this course was taken, serious injury might be done, by fore- stalling any satisfactory explanation between the two Governments on the ques- tion of exclusive jurisdiction, I became anxious to see and converse with Lord, Palmerston on the subject, and ascertain, if I could, the course he intended to pursue. I accordingly had an interview with him at the Foreign Office. After a short conversation, I soon found that he viewed the subject as I did, and that he intended to decline all discussion of it at the present moment. On Wednesday night the House was counted out, and, of course, nothing done. On the next day, however, the subject came up, and you will see from the papers which I now forward, a report of the proceedings which took place. It ended in a prompt refusal by the Government, to furnish either papers or information at thfs stage of the negotiation. On that night Parliament adjourned for the Easter holydays, and will not reassemble until the 11th. j f > In pursuance of your instructions, I addressed a note to Lord Palmerston. on the subject of the delay which had taken place in sending out to Mr. Fox the basis of the proposed Convention on the part of Great firitain, and the President's wishes in relation to the special mission authorized by the late Act of Congress. I have now the honour of transmitting a copy of my note, with Lord Palmerston's answer, and my reply. You will see that I pressed the subject as one of great urgency, and did not fail to express, in the most emphatic manner, the President's surprise and regret at the delay which had taken place, in not forwarding sooner the neces- sary instructions to their Minister in Washington. I, of course, took care to do this in a manner which I thought best calculated to satisfy this Government, not only of the President's solicitude to hasten the negotiation, but of his sincere desire to preserve the best relations between the two Governments. The Convention, as you will see from Lord Palmerston's note, has been agreed to, and will be sent by the packet that takes out my despatches. In relation to the special mission, that, as you will likewise see, has been promptly declined. In submitting this proposition I did it in the terms of your, mstructions. The day after my note was sent in, I was asked by Lord Pal- merston whether the mission was intended to be separate, or united with this Legation. Having received no instructions on the subject, I cculd give no direct answer, but said, that I presumed from the manner in which it had been pro- posed in Congress, it was probably intended to be joint. I omitted in my note to make any allusion "to the character of the late proceedings connected with the defence of the country. As it was doubttul. from your despatch, in what manner you intended the subject to be treated, I determined to make no allusion to it in my note, but to hold myself in readiness if any explanation should be asked, to give the one I was authorized to do. As Lord Palmerston had said nothing on the subject, he doubtless .cffards it in its true light. Having thus fulfilled the President's wishes as to the Convention for the survey, and obtained the decision of the Government as to the proposed mission, the only remaining subject of importance was that in relation to the British claim of exclusive jurisdiction over the disputed territory pending the contra, versy, and the nature of th nstructions given to Sir John Harvey, and under which he justifies his late \ - ceedings. Upon this subject I had received no instructions, and, important as it was, I yet felt it to be one of some delicacy, and especially after the refusal of the Government to give any information when pressed to do so in Parliament. After the best reflection I could give the subject, I deemed it highly important to obtain, if practicable, the views of the Government and nut the President in possession of them. For this purpose, I sought an interview with Lord Pai- "?«"*0{|- I proceeded to state frankly my object, but said, at tb j same time, that I had received no instructions on the subject, and acted alone upon my own responsibility. I expressed the opinion that I thought ft highly important ]» CORRESPONDENCE RELATING TO THE that there should be an immediate underatanding between the two GoTern> menta, both as to the nature of the jurisdiction claimed and the agreement which bad been supposed by Mr. Fox and Sir John Harvey to exist on the subject. I took occasion to refer to Mr. Fox's letter of the 23d of July last, and the late vroclamation of the Governor of New Brunswick; that the public aensibility and lead to unfortunate results. I did not conceal from Lord Palmerston my Sinion, that probably the Government of the United States had yielded to e presumption that Mr. Fox and Sir John Harvey had misapprehetided the wishes of Her Majesty's Government, as well as mistaken their instructions. That it was evident that there was a misunderstanding on the subject between the two Governmenls, and it was possible the difficulty might have arisen from confounding a claim of jurisdiction, for the purpose of preserving the peace and the property from injury, with the right of exercising acts of sovereign power, and that, if so, it was important that it should be explained. That, under such circumstances, if he felt at liberty to do so, I should feel gratified in any explanation he might think proper to give. I am happy in having it in my power to inform you that Lord Palmerston, with his usual frankness, most readily yielded to my request, and "aid that he would with pleasure communicate to me his views on the subject. He commenced by remarking that the late proceedings which had taken pkce in Congress had given a fresh proof of the close relationship of the two nations, and showed that the English habit of not reading, or of soon forgetting Parliamentary papers, prevailed equally in Congress with regard to papers la'd before that body. He said that if those who had taken part in the recent debates at Washington had bore in mind the papers which had been communicated by the President to Congress in 1829, they would not have asserted that the British claim to jurisdiction was a new one, nor would they, he thought, have construed it in the unqualified sense in which they appeared to have done. The ground and nature of the-claim of jurisdiction were explained, he said, by Sir Charles Vaughan, in his note to the Secretary of State of the 16th of September, 1827, and the very qualified and limited manner in which the right had been exercised, was also clearly stated by Sir Howard Douglas, in his despatch to Sir Charles Vaughan of the 4th of October, 1827, which was communicated to the Secretary of State on the 26th of the same month. The nature and grounds of the British claim, his Lordship said, were further explained by their Minister, in February, 1828, and in the note of Lord Aberdeen of the 14th of August, 1828. Lord Palmerston said that, from this correspondence, it would be seen that the British Government had not pretended to exercise any new act of sovereignty over any part of the disputed territory since the conclusion of the Treaty of Ghent, and that the jurisdiction they claimed over the unsettled and unoccupied part of the territory was in reality only safe custody of the property for the benefit of the future owner, and the prevention of the assemblage of lawless and disorderly per- sons thereon, to the annoyance and injury of the neighbouring districts. His liordship further said, that they had not claimed that exercise of sovereignty which Her Majesty's Government were supposed in the United States to contend for. In proof of this, he begged to remind me that two years ago, upon a representa- tion from our Government, the British Government put a stop to a plan for making a railway across the disputed territory, from Quebec to St. Andrew's, because the making of a new road would have implied an acknowledged right of sovereignty on the part of the British Government, while that right was the very question in dispute ; and he also referred to a conversation which he held with me in December, 1 837, in which he admitted that they did not feel themselves at liberty to march troops across the territory from New Brunswick to Canada, without a previous understanding with the United States Government on the subject. Lord Palmerston concluded, however, by saying that they were entitled to expect that such abstinence should be mutual, and that neither party would, while the general question was pending, either make settlements, cut timber, open roads, or estabiish sillitary c.cupation, »ithin the disputed territoi7. I informed Lord Palmerston that I should communicate this explanation to my Government, to which he assented, and the interview closed. I flatter myself that this information will be acceptable and beneficial, md MCmTH AMERICAN BOUNDARY. 131 aid in bringing to i close the pending negotiation for the resurvey of the whole of the disputed territory. I am strong in the opinion that, if there is another survey, the result will be favourable to a final adjustment of the whole subject. I have, indeed, looked to this as the only feasible scheme of placing the two Governments in possession of the necessary information to settle the controversy themselves, or enable a third Power to do so in case it should be again referred to arbitration. I am, &c., (Signed) A. STEVENSON. Indoiure 25 in No. 30. Mr. 8tevm$on to Viscount Palmertlo*. Portland Place, March 30, 1839. [See Inclosnre 1 in No. 7, page 60.] Indosure 26 in No. 30. Viscount Palmerston to Mr. Stevenson. Foreign Office, April 3, 1839. [See Indosure 2 in No. 7, page 62.] Indosure 27 in No. 30. Mr. Btevenson to Viscount Palmerston. Portland Place, April 4, 1839. [See Indosure 3 in No. 7, page 63.] Indosure 28 in No. 30. Vie OoveHwr of Maine to the President of the United 8tates. {ExenUive Department, Sir, Augusta. February 27, 1839. I HAVE the honour, herewith, to inclose Document No. 31 of the House of Representatives, relating to trespassers upon the public lands, it containing some information upon this subject not heretofore communicated to your Excellency. With high respect, I am your Excellency's most obedient servant, (Signed) JOHN FAIRFIELD, Governor qf Maine. Indosure 29 in No. 30. Message of Oovemor Fairfield to the Senate and House of Representatives. Council Ciuimier, January 23, 1839. [See Indosure 7 in No. 5, p. 32.] sa CORRESPONDENCE RELATING TO THE Incloiure 30 in No. 30. • Mr. Hamlin to the Oovemor and CouneiL State of Maine. Gentlemen. land Office, Augusta, January 22, 1839. I DEEM it my duty to lay before you the accompanying report of Georse W. Buckmore, in relation to depredations upon the Aroostook and St. John's Rivers ; also, a copy of the instructions given him by the Land Agent of Maine and Massachusetts. It will be seen from his report, that extraordinary depredations arc being committed on the public lands situated on those rivers, and that energetic measures will be required to arrest them. As to the trespassers upon the Aroostook, I am confident nothing short of an armed force, of at least fifty men, can effectually break them up. When the wholesale depredations on the Little Madawaska are stopped, the minor tres- passers on the other streams, tributary to the Aroostook, will cease of course. In an aflair of this magnitude, the land agent does not feel himself authorized to proceed without some particular directions from the Governor and Council, or from the Legislature now in session. (Signed) ELIJAH L.UAMWi, Land Agent. Inclosure 31 in No 30. Mr. Hamlin and Mr. Coffin to Mr. Buckmore. State op Maine. Sw. Land Office, Bangor, December 14, 1838. YOU arc hereby authorized and empowered to proceed to the Aroostook River and see that no trespa-ssing is committed on the townships belonging to Maine and Massachusetts on that river the ensuing winter. You are also authorized, if it becomes necessar)', to take off the teams and supplies of those found trespassing, and sell the same at auction, according to the provisions of an Act anprovcd March 28, 1831. If there should be any communication open with Fish River, you will make an examination there, and sec that no trespasses are committed. Should you moet with any resistance, or any thing, extraordinary takes place, you will give immediate information to this office, where you will also make a return of your doings after the abovenamed service is completed. (Signed) ELIJAH L. HAMLIN, Land Agent of Maine. GEO. W. COFFIN, Land Agent of Mass. By E.L. Hamlin. Inclosure 32 in No. 30. Mr. Buckmore to Mr. Hamlin. Sir, Augusta, January 22, 1839. AGREEABLY to your instructions, dated December 14th, requesting me to look after trespassers on the Aroostook and St. John's Rivers, I immediately left Ellsworth and proceeded to ^le Aroostook River; and after slopping there a few days, I left township No, 11, for Fish River, through the Madawaska settlement, and returned to township No. 1 1 , after an absence of ten days. Finding the amount of uepreoations to be irrueh larjjer ihati was anticipated, anU beiuK unable to arrest the trespassers or to take off their teams and supplies, I concluded to return, and herewith lay before you the following report of my doings and examinations, and await such further instructions as you may see fit to give. NORTH AMERICAN BOUNDARY. 188 A ihort distance above the Grand Falls, I fell in company with two men, who were going up Grand RiYer, with some othen, to make timber for a Mr. Ketchum. I learned from these persons that there were forty or fifty men at work making timber on this river. I also learned that there were from twenty to thirty persons cutting timber on Green River, all well supplied with teams and provisions. At the Madawaska Settlement, I learned from the inhabitants that the Governor of New Brunswick had given permission to each settler to cut 100 pine logs on his lot,, and most of the inhabitants were engaged in cutting logs, under this license, for Sir John Caldwell's mills at the Grand Falls. During my stop at the Madawaska Settlement, I was called upon bv Francis Rice and Leonard R. Coombs, Esquires, two of the magistrates living at Madawaska, to learn my business on the St. John's River, which t freely com- municated. They then requested a copy of my instructions, which I furnished them. They said they were authorized by the Governor to nrrest all persons attempting to exercise jurisdiction, on the part of the American Government, in the Madawaska Settlement, and that they should forward a copy of my instructions to the Governor at Frederickton. I was informed here that several crews were at work cutting timber on the Madawaska and St. Francis Rivers. I also learned that there were large parties of trespassers on the Restigouche River, some of whom had come through to tho Madawaska Settlement to purchase hay. From this place I proceeded to the mouth of the Fish River, which I ascended about fourteen miles, and found within that distance the following trespassers : A Mr. Whalen, with a crew of eight men and a team of six oxen, supplied by Francis Rice, Esq., before named; C. Fernandee and S. Herbert, with a crew of six men and one team ; a crew of fourteen men and one team, supplied by Mr. Carle, an inhabitant of Madawaska; Joseph Dominkec, with a crew of nine men and a team, supplied by Mr. Brunsieu of Canada; Mr. Woobert and R. Martin, with a crew of fourteen men, two pair of horses, and four oxen ; L. Nado, with a crew of seven men, with one team of horses and one team of oxen , and several small crews, making altogether, as near as I could calculate, ten pair of horses, sixteen yoke of oxen, and from fifty to seventy-five men. More teams and men were expected in daily. Some of these crews had been at work here ever since last summer. The most of these trespassers were located, as near as I could judge, on township No. 16, in the 7th range belonging to Maine. The following crews were at work on the main St. John's, betwieen the St. Francis and Madawaska Rivers. Two crews under L. R. Coombs, Esq., beforementioned — one crew under Messrs. Wheelock and Caton, supplied by Sir John Caldwell — one crew under S. Hubert — one crew under William Gardner— one crew under Mr. Hunnewell — one crew under Messrs. Makay andDecenado— one crew under Mr. Canada — and one crew under D. Dagle, making nine crews in all. From the best information I could obtain from the inhabitants, it was calculated that these trespassers would cut on the St. John's and its tributaries above tlic Grand Falls, this season, including the logs, at least seventy-five thousand tons, about one-third of which would be cut on Fish River. On the Aroostook River, the trespassers upon whom I served writs last fall, above Beaver Brook, in company with yourself, have not returned, and there is no trespassing by the Provincials above that stream. The crews on Beaver Brook supplied by Peter Ball, have returned. I saw Mr. Ball, and he informed me that as there was trespassing below, he should not stop himself, and that he should resist any attempt to take away his teams. The crew, which began to cut on Salmon stream early last fall, are still at work, and now say they do not intend to quit, but mean to defend themselves and resist all authority from this State. On township letter H, belonging to Maine, I found Mr. Johnson, with a crew of ten men, six oxen, and one pair of horses. They refused to quit, and said they should continue to cut the timber in spite of both Governments, and used much threatening language. I stopped one night among the settlers at the mouth of the Little Madawaska, and from the best information I could obtain, there are about seventy-five persons trespassing on this river, with twenty yoke of oxen and ten pair of horses, well supplied with provisions from the Province. I met several teams on their way up, and noticed that the road leading up the Little Madawaska was trodden hard, and indicated a large amount of travel. il4 CORRESPONBENCE RELATING TO THE IVora wlirt I conld learn, tfhe most of these treapasaeri are violent and lawleu men, and have given out that they mean to resist any oiBcer who ihall attemnt to take themselves or their teams. *^ At the Aroostook Falls I found two crews of about fifteen men and tii voice of oxen, cutting timber within the American line, and hauling it into the river below the falls. From the best information I could obtain, I have no doubt that from fifteen to twenty thousand tons of timber will be taken off the townships on the Latw Madawatka River this winter. ^ (Signed) GEORGE W. BUCKMOBE Indosnre 33 in No. 30 ilBMlve oftha Legitlature of Mmn«, Janmtry 83. (.See Inclorare 8 in No. {S, p. 38.] Ineloiure 34 in No. 80. Mesimfe cf Governor Fairfield to the Houie ojf R«pre$tntgtm$, ,[See Indosnre 9 in No. 5, p. 34.] Inclosore 35 in No. 30. lUtohe Ojf the Legielatwre of Maine, February 16. [See Inclorare 10 in No. 6, p. 35.] Inclosurc 36 in No. 30. In$truetiona to Mr, Roger$. *'» -(iiVwte, February 15, 1839. IN pursuance of my object disclosed to you this day, you having consented to lendyour peraonal services in effecting that object, I wish you to proceed forthwith to Fredenckton, N. B., and have a conference with his Excellency Sir John Harver upon the extraordinary events that have just occurred in relation to the aeinire and abduction of the Hon. Rufus Mclntire and several othes , while engaged in the execution of certain duties under a resolve of the Legislature of this State adopted the 24th of January last. You will communicate to Governor Harvey all the facts in the case, so far as they have come to your knowledge, and ascer- tain from him whether the high-handcd and outrageous proceedings alluded to have been authonzed, sanctioned, or in any way countenanced by the Provincial Oovernment; and, if such should be the fact, to demand the instant release of our citizens, and in case of refusal, to return forthwith to this place. If other- wise, as is supposed to be the fact, and the seizure and abduction have been made by a band of lawless and desperate men. Governor Harvey will undoubtedly furnish you with every facility in his power for effecting the release and safe return of the persons alluded to. As it is the determination of this Government, so Ikr as it may be able to break up and put an end to the trespassing upon the public lands, and as in electing that object, it may be necessary to destroy the timber already cut, you will endeavour to ascertain the views and intentions oi Governor Harvey in rela- tion to it—and whether any resistance on his part to such a movement is to be apprehended by us. You win also endeavour to ascertain the facts in relation to the nenoiia -^n-s — — "•• ! -o' ■" •"" ""•••-'^i, a"« iiic ami znorc uanng act ot i^uinK our citizens, and transporting them out of the State. Learn, if you can, who they are--where from— how numerous they are—what are their design»-smd whether they receive any countenance from British subjects living near the line. NORTH JlMERlCAN BOUNSiART. llii Having fully expressed my views to you personally, I do not deem it necessary to be more particular in makiaa thu eotftmBnication. With full ronfidence that you will do everything in the premises which the honour and int* est of your State require, I aubacrilw myself, &c., (Signed) JOHN FAIRFIELD, Oovemor of Maine. Inclosure 37 in No. 30. Oovemor Fairfield to Sir John Harvey. I Sir, Augusta, February 15, 1839 THIS communication will be handed fo you by the Hon. Jonathan P. Rogers, a distinguished citizen of this State, whom I have requested to proceed to Frcderickton, for the purpose of conferring with your Excellency upon a most extraordinary and high-handed proceeding, on the part of certain trespassers upon the public lands, in seizing and transporting beyond the bounds of the State, the Hon. Rufus Mclntire, land agent, and several other persons while aiding him in the regular and legal execution of the duties of his office — and for the purpose of of procuring their release. Mr. Rogers will inform your Exf-ellency of the facts as they have been reported here, and confer with you gci ally upon the subject. I cannot doubt that your Excellency will furnish Mr. Rogers with the infor- mation in your possession, and will afford him every facility in accomplishing the object of his mission. I have, &€., (Signed) JOHN FAIRFIELD, Governor of Maine. Inclosure 38 in No. 30. Appointment of Mr. Jarvis. Sir, Augusta, February 15, 1839. AN extraordinary state of affairs upon what is called the disputed territory, has induced me to invite your services in the cause of the State. By the inclosed resolve, you will perceive that the State has come to the determination of break- ing up and putting an end to the trespassing upon the public lands. Under this resolve, Mr. Mclntire, the land agent, repaired to the scene of operations, with about 200 chosen men. The trespassers had combined, and intended to resist every attempt to disperse them — but finding that our men had supplied them- selves with artillery, they thought it nrudent to leave the ground, though 300 in number. After this, however, Mr. Mclntire with four others, being unfortu- nately separated from the main body, were seized by a detachment from the tres- passers, and transported beyond the bounds of the State. Our men are now on No. 10, upon the Aroostook, fortified, where they will remain until they receive a reinforcement, and then proceed to the further execution of the resolve alluded to. Under these circumstances, it has become necessary for me to appoint some one to take the place of Mr. Mclntire, and to lead on the expedition. I know of no gentleman better qualified for the service than yourself, and trust that you will find no obstacle in the way of your acceptance of the appointment. Mr. Strickland, Sheriff of Penobscot, is instructed toprocure forthwith, from 200 to 300 additional men. He has also been supplied with the necessary funds. I hope you will immediately set out for Bangor, where you can confer with Major Strickland, and repair at the earliest possible moment, with the additional force, to the scene of the trouble, where you will proceed to execute the resolve of I am, &c., (Signed) JOHN FAIRFIELD, Oovemor of Maine CORRESPONDENCE RELATING TO THE Incloture 39 in No. 30. Mtuogt qf Oovernor Fairfield to the Senate and House qf Repreeentatives. [See Incloiure 1 1 in No. 5, p. 36.] Incloaure 40 in No. 30. Sir John Harvey to Governor Fairfield. Oovemment Howe, Frederickton, New Brunswick, February 13, 1839. [See Indosure 14 in No. 5, p. 38.] Incloaure 41 in No. 30. Proclamation by Major-Oeneral Sir John Harvey. Fredericion, February 13, 1839. [See Incloaure 2 in No. 4, p. 19.] Indosure 42 in No. 30. Resolves of the Legislature of Maine, February 20 and 22. [See Indosure 12 in No. 6, p. 37.] Indosure 43 in No. 30. House of Representatives, February 18, 1839. ON motion by Mr. Vose of Augusta, Ordered, That the Governor be requested to communicate forthwith to the Executive of Massachusetts, any information in his possession, relating to trespasses committed upon the disputed territory — and to request her aid in the measures taken by this State. Sent up for concurrence. CHARLES WATERHOUSE, Clerk. Read and concurred. In Senate, February 19, 1839. WILLIAM TRAFTON, Secretary. Indosure 44 in No. 30. House of Representatives, ^^ February 20, 1839. ON motion by Mr, Allen, of Alfred, Ordered, That the Governor be requested, if he shall deem it expedient, to conimunicate to this House, such further correspondence as he may have bad witb Sir John Harvey, upon the subject of the north-eastern boundary. Read and passed. CHARLES WATERHOUSE, Clerk. NORTH AMERICAN BOUNDARY. m^- Incloiure 45 in No. 30. MtMag$ of Governor Fairfitld to the House of Repretentativee, AGREEABLY to your request of this day, I herewith lay before you my repiv to the letter of Sir John Harvey, Lieutenant-Governor of the Pro- vince of New Brunswick, under date of the 13tb instant, his letter havinir been heretofore communicated. Cowuii C^andter February 20, 1839. (Signed) JOHN FAIRFIELD Indosure 40 in No. 30. Oovemor Fairfield to Sir John Harvey. Executive Department, Augusta, February 19, 1839. [See Incloiure 16 in No. 5, p. 39.] Inoloiure 47 in No. 30. Mestagt of Oovemor Fairfield to the House of Representatives. Council Chamber, February 21, 1839. [See Indosure 22 in No. 5, p. 42.] Incloaure 48 in No. 30. Sir John Harvey to Oovemor Fairfield. Oovemment House, F^ederickton, N. B., February 18, 1839. [See Indosure 23 in No. 5, p. 43.] Indoture 49 in No. 30. Sir John Harvey to Messrs. Mclntire, Cushman, Bartlett, and Webster. Frederickton, New Brunswick, February 18, 1839. [See Incloiure 24 in No. 5, p. 44.] Indosure 50 in No. 30. Oovemor Fairfield to Sir John Harvey. Executive Department, Augusta, February 21, 1839. [See Incloiure 25 in No. 5, p. 44.] Ill CORRESPONDENCE RSLATINO TO THE loclMura 51 in No. 80. Mr. Btr«0t to Mr. Jarvit, At tht Mouth of the Aroottook. River 8t. John'g, Province of New Brwuwiek, Febnuny 17, I83». [See Incloiure 26 in No. 9, p. 44.] Incloaure 52 in No. 30. Mr. Jarvit to Mr. Street. Confluence of the 8t. Croix Stream, Aroottook River, Toumthip No. 10, State qf Maine, February 19, 1839. [See Incloiure 27 in No. 5, p. 45.] lucloture 53 in No. 30. Governor Fairjieid to Pretidtnt Van Buren. Executive Department, Augutta, February 18, 1839. [See Inclonire 6 in No. 5, p. 31.] Incloiure 54 in No. 30. Governor Fairfield to Prendtnt Van Buren. Executive Department, Augutta, February 19, 1839. [See Incloiure 15 in No. 5, p. 39.] Incloiure 55 in No. 30. Oovemor Fairfield to Preiident Van Buren. Executive Department, Augutta, February 22, 1839. [See Inclosurc 31 in No. 5, p. 51.] Inclosure 56 in No. 30. TTie Clerk of the Home of RepretentatUiet to the President of the United States. Sir, Augusta, Me., March 23, 1839' BY the direction of the House of Representatives of the State of Maine, I have the honour, herewith, to transmit a copy of a resolution yesterday unanimously adopted by that body. I have, &c., (Signed) GEORGE ROBINSON, Cierk, House RepreaetUuliv'es. NORTH AMERICAN BOUNDARY. U0 Incloaure ST in No. 30. RATI or MAIMI. R0$oh« rtlating to the North-Eattem Boundary. Reiotved, by the House qf Repreeentativet, That the unquestionable right of this State to the whole of the territory embraced within her limits, aa described by the Definite Treaty of Peace ot*^ Seventeen Hundred and Eighty-three, ought never to have been submitted to arbitration : and, in the opinion of tliis House, to consent to another arbitration would be an abandonment of the rights and interest* oi Maine. House of Representatives, March 22, 1839. Read and passed : (Signed) H. HAMLIN, Speaker. Test : Geo. Robinson, Clerk, Inclosure 56 in No. 30. TTte Secretary of State of the United States to the Oovemor of Maine. Department of State, Sir, Washington, April 2. 1839. YOUR letter of the 23d ultimo, communicating to the President a resolve of the House of Representatives of Maine, relating to the north-eastern boundary, passed on the preceding day, has been referred to this department, with instructions that I should state to you that the resolve referred to will be respectfully considered by the President. I am, &c., (Signed) JOHN FORSYTH. Inclosure 59 in No. 30. The Secretary of State of the United Statea to the Oovemor of Maine. Sir, Department of State, Washington, August 4, 1839. 1 HAVE the honour to transmit to you, by the directions of the Pre- sident, a copy of a communication from Mr. Fox, of the 30th of July, and of the extract from his instructions from the British Government, which he sent with it. I am, &c., (Signed) JOHN FORSYTH. Inclosure 60 in No. 30. The Acting Secretary of State to the Oovemor of Maine. Department of State, S""' Washington, November 6, 1839. THE British Minister, in a note addressed on the 2nd instant, to this department, states that information, which had reached his Government in England, and more recent intelligence received bv himself from the, authorities of the Province of New Brunswick, had made it his duty to call the attention of the Government of the United States, to the alleged facts that— Firstly. The armed posse stationed by the State of Maine, for the protection of the public property in the disputed territory, had extended 140 CORRESPONDENl^E RELATING TO THE Its operation, and its armed occupation of the country alone the whole wav from the valley of the Restoolt to the mouth of Ffsh River, into the valley of St John and thus into a portion of the Madawaska settlements. Secondly. That the establishments formed by persons composing- the armed parties, on the banks both of the Restook and the Fish River had nssumed an aspect and character decidedly military, and more repre'sent- ing a permanent national possession of the country, than could be required m the civil posse of a land agent, temporarily occupying it for the sole purpose of preventing trespasses. That those establishments were fortified with entrenchments and cannon, and garrisoned by a number of armed men, far greater than the occasion would warrant. Thirdly. That a permanent state road is being constructed, leading into the valley of the Restook, and from thence on the south side of the St. Johns, o the I-ish River; the object of which is to connect those portions of t lie disniitwl territory with the towns of Augusta and Baneor. and other acknowledged parts of the State of Maine. «p */"u*''*I''^' '^*^**' ™0'*«?r««'' 'and surveyors, acting under the authority of the State, are employed in marking out lots and townships within the ■anie portion of the disputed territory ; and that sales of lands are beine made, with (leeds regularly drawn under the authority of Maine The British Minister protesting in the name of his Government, against acts of encroachment on the part of the people of Maine, as beinc at yariance with the agreements entered into in the month of Februar? last, first between him and the Secretary of State at Washington, and subsequently, by your Excellency, the Governor of New Brunswick, and Afajor-Genera Scott, for the purpose of adverting the danger of local collision on the frontier, pnding the final settlement of the boundary question between the two Governments, thinks that the establishment, in the meantime, of the new interests, and the growing up, as it were of new proprietary claims upon the lands yet in dispute, which are likely to be both Gov " '^*'*' referred to, may end by embarrassing the action of In support of this opinion, Mr. Fox states that a similar reasonine was held on the part of the United States, when, in the year 1837, thil Government remonstrated against an alleged act. or d4ign rather of encroachment of a less objectionable character than the operations to which he refers namely, the survey of a projected line of railroad from «uel)cc to St. Andrews, passing through a part of the disputed territory, am he atkls that, for the preservation of peace between the people on both sides, and of good will between the tw o nations, such acts as those complained of, ought to be desisted from, and the existing arrangements observed in good faith. ° The President, to whom Mr. Fox's note has been communicated, has directed me to express to you his anxious desire, that no occasion should be permitted to call in question, the faithful observance, by the Govern- ments of the United States and Maine, of the arrangements referred to a sentiment in which he is confident your Excellency will freely concur and to request that you will transmit to this department, such information as may Ik; in possession of the Government of Maine, in relation to the acts rererrcd to, iii order tliat an appropriate answer may soon be returneeen thrown across the river to stop the timber in its passage down Thev hive erecte Ime, together with recent military movements known to have taken place m the Provinces, clearly indicates a determination on its part, to main- tain by force, if necessary, its usurped and unjustifiable possession of a portion of this State." NORTH AMERICAN BOUNDARY. 149 •* Second, complains of the delay of the General Government of the United States to prosecute a system of defences for the country, and to make preparations for war which may not be very remote, and to which the clearest (iictatCH uf patriotism and common prudence uree." " Third, That the peculiarly exposed condition of Maine, naving a long line of sea coast, calls for the immediate attention of the General Government. " Fourtl., that the British troops quartered upon our territory cannot, consistently with the national honor, be iicrmitted to remain, and that, unless voluntarily withdrawn, it will be tne duty of the General Govern- ment to expel them by force " " Fifth, that if during the Session of Congress, no reply should be made by the British Government to a proposition of the General Govern- ment (supposed to have been submitted in July last), it will be the im- perative duty of our Government to take military possession of the ter- ritory and maintain it." "Sixth, that while a reasonable prospect remains that the General Government will enforce the rights of Maine by taking military possession of the whole territory in dispute, in cose the attempt to effect an amicable settlement of the line, should be unsuccessful, this State will forbear to take such possession herself, and no longer." No 31. Vkcount Palmerston to Mr. Fox. Sir, Foreign Office, April 14, 1840. IN my despatch of the 19th of February last, I instructed you to acquaint the Government of the United States, that Her Majesty's Government were only waiting for the detailed Report which Colonel Mudge and Mr. Feather- stunhaugh were then preparing, in order to send to the United States an answer to their last communication about the Boundary Question. I had hoped that the Report would have been completed by this time, and that I might have been enabled to give you instructions thereupon by the present steamer, but it has not yet been delivered in. I have reason to expect, iiow- ever, that the Report will be ready in the course of a week, when it will be immediately taken into consideration by Her Majesty's Government. I am, &c., (Signed) PALMERSTON. I No. 32. Mr. Fox to Viacount Palmertton. — (^Received April 16, 1840.) (Extract.) Washington, March 30, 1840. THE last document transmitted to Her Majesty's Government in my des- patch of the 17th instant, belonging to the series of correspondence that has passed between the United States Government and myself, in relation to the affairs of the disputed territory, was an otiicial note presented by ine to Mr. Forsyth on the 13th instant, in conformity with the instructions contained in your Lordship's despatch of the 19th of February. I formally protested anew in that note against the acts of aggression of the State of Maine, which, so fur from being disproved or discontinued, are, on the contrary, persisted in and avowed ; and I announced the line of conduct which, under these circumstances. Her Majesty's Government have resolved to pursue for the protection of Her Majesty's rights, pending the n«.. I have the honour, in the present despatch, to inclose the copy of a detailed answer to the above note, addressed to me by Mr. Forsyth on the 25th instant, together with the copy of another short official note in reply, which, after receiving Mr. Forsyth s answer, I presented to him on the 26th. MO CORRESPONDENCE RELATING TO THE khu nHp^ ,K ^ 1 Majesty . Government for the defence of Her Maiestv" ght§, oHers the only means of protecting those ri«?ht« from K»in„ ^ ^ :mually-agg.avated banner, encroached uVon a^., tolateS The£ IdditiZ; ?oirC*'S * now inclose, have be'en commuSd Jy ^e £de„1 :;!;:irt?.c?rmSt7o^^^^^^^^^ chusettj upon occLon of the commLCio'nTTe ^p^^^ ?n1 Ze^i W.S fflad to perceive, of less hostility than before *^ *^ ' * I shall now consider the correspondence as closed on my tide at least for the present, and unless I shall receive instructions from vour id.hVn ?^ TZ "; .'" *=«»''»"'"» 'he correspondence, as the c^scw^w sttds'^ I KalrTalTy'rade!" "'"^^ "^''" a"^«^n the same declaraE Kt.^ Her Majesty's Government cannot acquiesce in the armim.n». «»- meDt .re ,«»l,ed to adhere, for the defeJie of £ MaSy'sSL S,S Ihe Degotatioi. of the Boundary Question, h„ W Md^K'n'l^ K Slr^Ti •!"' '° "•.• P'OPI' °f "» U"'"" Sate." Tmaaner .ufflcteuHj SeSVoS' *° ''T P^"!- ^''^ ''^"»" h'^herto has been.^U t^n iS aental collision on the border. <»rowni? out nf ♦h<. ,»„i,i • V "" 'nci- ust J^tr a^»ir ;:^£- ^;::^;t t«f s i;jii: mZl'^C '" ^""'^ 'i "P^t"' '^''' ^'»^ protests and declarationsTkir Majesty s Government have been uncalled for and vexatious n„H Vh acco,npanymg military preparations and precautions unnecery • but i^ It' n^nV ^"^'1 '"/',°"* °^ ^'^^ ^he plain facts of the case namely IhLt the protests and declarations for which Her Maiestu's m.tS'^' KiStth"' re't^ '''T P^^P""JT -" '^S o^ with" rrblictty given to both, are the exact means that have served to induce the neonio of .nerate"d'""' '"" '"" ""''' ""^ ^'"'^"'^^ -'-'' ^'-^ i" "o Zffu.e^y in.tan?" Thf " °^ ^J' ^'"^^ legislature of Maine was ndjourned on the I8th stant. The resolutions m relation to the Boundary dispute, of whici ! h • d the honour to inclose a copy n my desnatch of Hip i7»h L.\\ ! . in substance, by the two iSLses oVt^i sSe U^^latu c n 1^^^^ adjournment, after being in some degree modifiefi ThJl.o''.";"^;''^:.;,;!:!!'- passer ' '"'^^ ' '"' ••^«°'"^*°"''' "' the exact form in vvhicir they were NORTH AMERICAN BOUNDARY. 181 InclMura 1 in No. 32. Mr. Vorifth to Mr. Fog. Department of State, Waihington, March 25, 1840 THE Undertigncd, Secretary o( State of the United State*, acknow ledges to have received Mr. Fox ■ communication of the 13th instant, in reference to the Boundary negotiation, and the affairs of the disputed territory. The information given in the closing part of it, that a reply to the last proposition of the United States upon the subject of the boundary, may bo expected in a short time, is hiuhly gratifying to the President, who has. how- ever, given directions to the Undersigned, in making this acknowledgment, to accompany it with the expression of his profound regret that Mr. Fox's note is in no other respect satisfactory. After the arrangements whicli in the beginning of last year were entered into on the part of the two Governments, with regard to the occupation of the disputed territory, the President had indulged the hope that the causes of irrita- tion which had grown out of this branch of the subject would ' ve leen removed. IlelyinK on the disposition of Maine to cooperate with the Federal Government in all that could lead to a pacific adjustment of the principal question, the President felt confident that his determination to maintain order and peace on the border, would be fully carried out. He looked upon all apprehensions of designs by the people of Maine to take possession of the territory, as without adequate foundation, deeming it impossible, that on the eve of an amicable adjustment of the question, any portion of the American people would, without cause and without object, jeopard the success of the negotiation, and endanger the peace of the country. A troublesome, irritating, and comparatively unimportant, because subor- dinate subject, being thus disposed of, the President hoped that the parties would be left free at once to discuss, and finally adjust the principal question. In this he has been diKoppointed. While the proceedings of Her Majesty's Government at home have been attended with unlooked for delays, its attention has been diverted from the great subject in controversy by repeated complaints imputing to a portion of the people of the United States designs to violate the engagetnents of their Government, designs which have never been entertained, and which Mr. Fox knows would receive no countenance from this Govern- ment. It is to be regretted that at this late hour so much misapprehension still exists on the side of the British Government, as to the object and obvious meaning of the existing arrangements respecting the disputed territory. The ill success which apjHiars to have attended the efforts made by the Un dersigncd to convey through Mr. Fox to Her Majesty's Government, more correct impressions respecting them, calls for a recurrence to the subject ; and a brief review of the correspondence which has grown out of it, may tend to remove the erroneous views which prevail as to the manner in which the terms of the arrangements referred to have been observed. As Mr. Fox had no authority Jto make any agreement respecting the exercise of jurisdiction over the disputed territory : that between him and the Undersigned, of the 27th of February, 1839, had for its object some provisional arrangement for the restoration and preservation of peace in the territory. "To accomplish this object, it provided that Her Majesty's officers should not seek to expel by force the armed party which had been sent by Maine into the district bordering on the Restook River; and that, on the other hand, the Government of Maine would, voluntarily and without needless delay, with- draw beyond the bounds of the disputed territory any armed force then within them. Besides this, the arrangement had other objects, — the dispersion of notorious trespassers, and the protection of public property from depredation. In case future necessity should arise for this, the operation was to be con- ducted by concert, jomtiy or separately, according to the agreement between the Governments of Maine and New Brunswick. In this last-mentioned respect, the agreement looked to some further arrangements between Maine and New Brunswick. Through the agency o '^Su?«al<^ IMJ ^^Ipif^E r 'Hfe-;jlMM ^ ^BNlflB '^ " ^B^^^^^l nT CORRKSPONDENCE RELATING TO THE wh?rh i?^ L' °Ti '^" "P*>d »? .«" »^o 23rd and 25lh of March following, by iTon. .„ J sse«8ion and jurisdiction, they were to t^T,' V'"r f"^'^ ?"'''' ''"? ''"''l'"« '" '■"^'' P"-i-"i«" i» part of the disputed tern ory. but each denying tf.e nght of the other to do so. With that under- standing. Mnine was without unnecessary delay, to withdraw her militarr o?±Trri''''i ""^" " ';""'' '^«''"V ' """" ^''" P""«' «""'•«< «' ""a 3 to protect the timber recently cut. and to prevent further depredations. In the complaints of infractions of the agreements by the State of Maine addressed to the Undersigned. Mr. Fox hus assumed two psitions wh^h are not nulhonzed by the leims of those a»reements: 1st. admitting the right S Maine to mn.nta.n a civil posse in the disputed territory, for the purpo«es stated in the agreement, he does so. with the restriction that the action of the posse was to be confined within certain limits; and 2ndly. By making the advance of the Maine posse into the Valley of die Upper St. John the Jr*Lund of his complaint of encroachment upon the Madawaska Settlement, he assumes to extend the limits ol that Settlement beyond those it occupied at the dote of the agreement. r *- ""»c ui The United States cannot acquiesce in either of these positions In the faret place nothing in found in the agreement subscribed to bv Governor I-airheld and Sir John Harvey, defining any limits in the disputed cSmscribid " ""*"''' "" "I''™*'""'' °f "'*' civif posse of Ma"ne werl to be The task of preserving the timber recently cut, and of preventinir E" «l«P'^'',''t"«"».«"th.n the disputed territory, was assigned to tfe State.5 ii.^ 'iT^'' ''" r''Y^ ^"''"^ ?''""'^ '•"*« ''<^«" withdrawn from it; and ZL- ^ ''7°'"P''«»''''' ^y « <^'^'' P»»«c. «<-med or unarmed, which was to con- tinue in the territory, and to operate in every part of it where its agency miffht be required, to protect the timber already cut. and prevent further depTeda- S; iT' "'. ""X .'"nitation whatever, or any restrictions, except such as might be construed into an attempt to disturb by arms the Province of New Brunswick, in her possession of the Madawaska Settlement, or interrupt the usual communication between the Provinces. 'crrupi me ^■,.r.h^ '' *f "'• '"?'»*=. P«ercise of a legitimate right, and in the conscientious KTm'^''"^^''^?''""^^^''^ "P°" *'«^ ^y" solemn compact. thaUhe State of Maine has done those acts which have given rise to complaints for M.h,ch no adequate cause is perceived. The UndLigned ?ee?. coZdeTt tha when those acts sha I have been considered by Her \raje8tv'. Governmen tat ?„To;„","P'"".1\k '•:•' "°'^ *° ^'' ^°''- «'■*'"' 24th if December Ust and in connexion with the foregoing remarks, they will no longer be viewed aa calculated to excite the apprehensions of Her Majesty's Government that th" States ""^ arrangements is to be broken on the part of the United nf .K^'** '■*^"'' '° \^^ '^'^""'^ r*'*'"" ^'"'""'ed I'y Mr. Fox. that the advance of the Maine posse along the valley of the Restook to the mouth of Fish River and into the valley ol the Upper St. John, is at variance with the term" and Tth . ^r fr«'"«"'^. »»'« Undersigned must observe, that if at variance with any of their provisions, it could only be with those which secure Her Majesty s Province of New Brunswick ajoinst any attemp to dSb "" possession of the Madawaska Settlements, and to interrupt the Usui com mu! nications between New Brunswick and the Upper Provinces. The agJee„!2nt could only have reference to the Madawaska' Settlements as confineTwithh, their actual limits at the time it was subscribed. The Undersigned b h ii note of the 24th of December last, stated the reasons why the ^1' o the Fish River and the portion of the valley of the St. John thrnn.hu,..:!.!.:! SetUementl!^ '" "" ^'"'"''" '^"'^ ^^ considered as embraced in the Madawaska Were the United States to admit the pretensions set up on the part of NORTH AMERICAN BOUNDARY. IBt Great Britaia to give to the Madawaska oettletnenta a degree of constructive extensiion that might, at this time suit the purposes of Her Majeity'i Colonial aiithoritica, those settlements might soon be made with like justice, to embrace any portions of the disputed territory ; and this right given to the Province of New Bruuawick to occupy th«m temporarily, and for a special purpose, niikht by inference, quite as plausible, give the jurisdiction exercised by Her Mjyesty's Authorities, an extent which would render the present state of the question, so long as it could be maintained, equivalent to a decision on the merits of the whole controversy in favour ol Great Britain. If the small settlement at Madawaska on the north side of the St. John's, means the whole valley of that river,— if a boom across the Fish River, and a station of a small posse on the south side of the St. John's, at the mouth of Fish River, is a disturbance of that settlement, which is twenty-five miles below,— within the meaning of the agreement, it is ditticult to conceive, that there are any limita- tions to the pretensions of Her Majesty's Government under it, or how the State of Mame could exercise the preventive power with regard to trespasses, which was on her part, the great object of temporary arrangement. The movements of British troops lately witnessed in the disputed territory, and the erection of military works for their protection and accommodation, of which authentic information recently received at the Department of State, has been communicated to Mr. Fox, impart a still graver aspect to the matter imme- diately under consideration. The fact of those military operations established beyond a doubt, left unexplained, or unsatisfactorily accounted for, by Mr. Fox's note of the 7th instant, continues an abiding cause of complaint on the part of the United States, against Her Majesty's Colonial Agents, as inconsis- tent with arrangements, whose main object was to divest a question already sufficiently perplexed and complicated, from such embarrassnients as those with which the proceedings of the British Authorities cannot fail to sur- round it. If, as Mr. Fox must admit, the objects of the late agreements were the removal of aH military force, and the preservation of the property from further spoliations, leaving the possession and jurisdiction as they stood before the State of Maine found itself compelled to act against the trespassers, the President cannot but consider, that the conduct of the American local authorities strongly and most favourably contrasts with that of the Colonial authorities of Her Majesty's Government. While the one, promptly withdrawing its military force, has confined itself to the use of the small posse, armed as agreed upon, and has done no act not necessary to the accomplishment of the conventional objects, every measure takerk or indicated by the other party, is essentially military in its character, and can be justified only by a well-founded apprehension that hostilities must ensue. With such feelings and convictions, the President could not see, without painful surprise, the attempt of Mr. Fox, under instructions from his Govern- ment, to give to the existing state of things a character not warranted by the friendly dispositions of the United States, or the conduct of the authorities and people of Maine —much more is he surprised to find it alleged as a ground for strengthening a military force, and preparing for a hostile collision with the unarmed inhabitants of a friendly State, pursuing within their borders their peaceful occupations, or exerting themselves in compliance with their agreements to protect the property in dispute from unauthorized spoliation. The President wishes that he could dispel the fear that these dark forebodings can be realized. Unless Her Majesty's Government shall forth- with arrest all military interference in the question — unless it shall apply to the -jubject more determined efforts than have hitherto been made to bring the dispute to a certain and pacific adjustment the misfortunes predicted by Mr. Fox, in the name of his Government, may most unfortunately happen. But no apprehension of the consequences alluded to by Mr. Fox, can be permitted to divert the Government and people of the United States from the performance of their duty to the State of Maine. That duty is as simple as it The construction which is given by her to the Treaty of 1783, has been again and again, and in the most solemn manner, asserted also by the Federal Government, and must be maintained, unless Maine fully consents to a new Boundary, or unless the construction of the Treaty is found to be erroneous M4 CORRESPONDENCE RELATING TO THE by the decision of a disinterested and independent tribunal selected by the parties for its final adjustment. The President, on assuming tha duties of his station, avowed his determination, all other means of negotiation failing, to submit a proposition to the Government of Great Britain to refer the decision of the question once more to a third party. lu all the subsequent steps which have been taken upon the subject by his direction, he has been actuated by the same spirit. Neither his dispo- sition in the matter, nor his opinion as to the propriety of that course, has undergone any change. Should the fulfilment of his wishes be defeated either by an unwillingness on the part of Her Majesty's Government to meet he offer of the United States in the spirit in which it is made, or from adverst circumstances of any description, the President will in any event, derive great satisfaction from the consciousness that no effort on his part has been spared to bring the question to an amicable conclusion ; and that there has been nothing in the conduct either of the Government and people of the United States, or of the State of Maine, to justify the employment of Her Majesty's forces as indicated by Mr. Fox's letter. The President cannot under such circumstances apprehend that the responsibility for any consequences which may unhappily ensue, will, by the just judgment of an impartial world be imputed to the United States. The Undersigned avails himself, &c., (Signed) JOHN FORSYTH. Inclosure 2 in No. 32. Mr. Fox to Mr. Forsyth. Washington, March 26, 1840. THE Undersigned, Her Britannic Majesty's Envoy Extraordinary and Mmwter Plenipotentiary, has had the honour to receive the official note of yesterday's date, addressed to him by Mr. Forsyth, Secretary of State of the United States, in reply to a note dated the 13th instant, wherein the Under- signed, in conformity with instructions received from his Government, had anew formally protested against the acts of encroachment and aggression, which are still persisted in by armed bands in the employment of the State of Maine, within certain portions of the disputed territory. It will be the duty of the Undersigned, immediately to transmit Mr. Forsyth 8 note to Her Majesty's Government in England; and until the •tatements and propositions which it contains shall have received the due consideration of Her Majesty's Government, the Undersigned will not deem It right to aod any further reply, than to refer to, and repeat, as he now formally ant' distinctly does, the several declarations which it has, from time to time, been his duty to make to the Government of the United States, with refsrence to the existing posture of affairs in the disputed territory • and to record bis opinion, that an inflexible adherence to the line of conduct which Her Majesty 8 Government have announced it to be their resolution to pursue for the defence of Her Majesty's rights, pending the negotiation of the' Boundary Question, offers to Her Majesty's Government the only means of protecting those rights from being, in a continually-aggravated manner, encroached upon and violated. The Undersigned avails himself, &c., (Signed) H. S. FOX. No. 33. Sir, Viscount Palmerston to Mr. Fox. Foreign Office, April 30, 1840. Ilr!R Mninntv'a frnvornmonf ht%A k«nn !» l.», .1.-^ .i ■ ■< . 1. Li »•--.- -^ •• .t. .i._.pt:3 tiiat iiicy siiouia nave been able to have sent to you. by the "British Queen," instructions to make to the American Government a further proposal, with a view to arrivintr at a final settlement of the Boundary Question ; but they have been disappomted Her Majesty s Government felt that they could not fully make up their minds NORTH AMERICAN BOUNDARY. IM ns to the nature of the proposal to be submitted to the Government of the United States, until they had received and considered the Report of the Com- missioners who were employed last summer and autumn in surveying the dis- puted territory; and the compilation of that report, and of its accompanying map, having taken rather more time than was at first expected, the Report has only very lately been received. Her Majesty's Government will however now, without delay, give their most earnest attention to this matter; and I trust that by the next steam- packet 1 shall be able to send to you full instructions upon this subject. The course which Her Majesty's Government at present think of pursuing, is to communicate to the United States Government a copy of the Commissioners' Report, together with a proposal in reply to the last proposition made by the United States Government, for a joint Commission of Survey; and Her Majesty's Government will probably also feel it necessary to lay the Report of the British Commissioners before Parliament, together with certain other documents connected with the Boundary Question, which Parliament has already called for. You will communicate the substance of this despatch to the Government of the United States. I am, &c., (Signed) PALMERSTON. No. 34. Mr. Fox to Viscount Palmerston. — {Received June 17, 1840.) (Extract.) Washington April 17, 1840. I HEREWITH inclose a correct printed copy of the resolutions upon the Boundary Question, which were adopted by the two houses of the State Legislature of Maine, previously to their adjournment on the 18th of last month, the substance whereof was referred to in my despatch of the 17th ultimo. Inclosure in No. 34. Resolutions of the Maine Legislature, I8lh of March. Resolved, That the patriotic enthusiasm with ivhich several of our sister States, the past year, tended us their aid to repel a threatened foreign inva- sion, demands our grateful recollection and whilst that spirit of self-sacrifice and self-devotion to the national honour pervades the Union, we cannot doubt that the integrity of our territory will be preserved. 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 President in sustaining 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 this agree- ment ; and their decision in demanding the removal of the British troops now quartered upon the disputed territory, as the only guaranty that England sincerely desires an amicable adjustment of the Boundary Question, afford us confident assurance that this State v.ill not be compelled, single-handed, to take up arms in defence of our territory and the national honour, and that the crisis is near when this question will be settled by the National Govern- ment, 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 im- mediate adjustment of the Boundary Question, it will be the duty of the General Government to take military possession of the disputed territory ; and, in the name of a Sovereign State, we call upon the National Government to fulfil its constitutional obligations, to establish the line which it has solemnly declared to be the true boundary, and to protect this State in extending her jurisdiction to the utmost limits of our territory. X 2 156 CORRESPONDENCE RELATING TO THE Resolved, That we have a right to expect that the General Government will extend to this member of the Union, by negotiation or by arms, the protection of her territorial rights, guarantied by the Federal Compact, and thus save her the necessity of falling back upon her natural and reserved rights o| self defence and self-protection— rights which constitutions can neither give nor take away ; but should this confidence of a speedy crisis be disap- I»inted. It will become the imperative duly of Maine to assume the defence ot our btate and national honour, and expel from our limiU the British troops now QMartered upon our territory. Resolved. That the Governor be requested to forward copies of these resolutions to thePresident and heads of departments, and to the Senators and Representatives in Congress from this State, with a request to the latter to lav them before the respective bodies of which they are members; also, to the tiovcrnors of the several Slates, with a request to lay them before their several LiCgislatures. No. 35. Mr. Fox to Viscount Palmerston.— (Received May 25, 1840.) (Extract.) Washington, May 7, 1840. I HAVE had the honour to receive, by the steam packet Great Western your Lordship's Despatch of the 14th of April, relating to the boundary neco' tiation. ' " Mr. Forsyth informs me that by the same conveyance he has received letters from Mr. Stevenson, which are considered satisfactory by the United States Government, inasmuch as they contain assurances of Mr. Stevenson's conviction, founded, I believe, upon recent personal communications with your Lordship, that 8 sincere desire exists on the part of Her Majesty's Government to conduct the boundary negotiation to an amicable conclusion. No further correspondence upon the subject of the boundary affairs has passed between the American Government and myself, and no further pro- ceedings have taken place in Congress, since the date of my Despatch of the 17th of April. The brief but important debate in the Senate of the 14th of April, of which a report was forwarded in that Despatch, has produced a favour- able effect throughout the United States. With reference to the latter part of the correspondence upon the boundary affairs which recently passed between the United States' Government and myself, 1 have now the honour to inclose copies of a further correspondence upon the same subject between Major-General Sir John Harvey and myself. Sir John Harvey's letter now inclosed, of the 16th of April, relates, it will be seen, prin- cipally to the positions assumed in Mr. Forsyth's official note to me of the 25th of March, (forwarded to Her Majesty's Government, in my Despatch of the 30th of March.) with reference to the geograpliical limits of the Madawaska Settle- ments, and to the extent of country over which, according to the true intent of the provisional agreement entered into at the beginning of last year, between the Governments of New Brunswick and Maine, the Maine land agent's posse ought to have been allcwed to act. Inclosure 1 in No. 35. Mr. Fox to Sir John Harvey. (Extract.) Waskiiujton, March 28, 1840. I HEHEVVITFI inclose correct copies of two further official notes which have passed between the United States' Government and myself upon the- fiuhjpc'f o.( Hie nffaira of the disputed territory, subsctjuciitiy to the dale of my last letter to you. ■' my par '1 hese will probably close the corrcbpondence for the present, at least art, and until I receive fresh instructions from Her Majesty's Govenime on Government; NORTH AMERICAN BOUNDARY. 167 as in continuing it, I should only have to repeat again and again the same declarations which have been already made. Nevertheless, as circumstances may arise to render a renewal of the correspondence necessary, I would very particularly direct your attention to those paragraphs in Mr. Forsyth's note, which I have maiked in the margin of the inclosed copv. It is impossible for us to acquiesce in the positions assumed by the United States' Government in those passages, and 1 shall be extremely glad to be favoured with your opinion upon the several ponits to which they relate ; that is to sav, upon the geogra- phical limits, as hitherto always understood, of the Madawaska Settlements ; and upon the extent of country over which, according to the fair construction of your agreement with Governor Fairfield, the operations of the Maine land agent's posse, employed for the purpose of preventing depredations upon the public timber, were to be allowed to reach. I do not know whether Her Majesty's Government may desire that I should resume the correspondence with the United States' Government upon the above points ; but I shall be most glad to receive every needful information upon the points above mentioned. Observing what has recently passed, I feel tolerably well assuicu .hat the people of Maine will attempt no further inroad or act of aggression over the disputed territory, during the present year at least ; but that they will leave their case, for so long, altogether in the hands of the General Government Inclosure 2 in No. 35. Sir John Harvey to Mr. Fox. Government House, °*'> Frederickton, N.B., April 16, 1840. I HAVE perused with deep interest the note addressed to your Excellency by Mr. Forsyth, under date of the 2.5th ultimo, of which you have transmitted me a copy and invited my observations upon. As the subject of that communication relates almost exclusively to the Agreement entered into by the Governor of the State of Maine and myself, through the mediation of General Scott, in March, 1839, I feel myself called upon fully to possess your Excellency not only of the considerations by which I was influenced in acceding to the proposed Agreement, but also of my con- struction of the true intent, spirit, and meaning of its provisions. A sudden and entirely unexpected irruption had been made by a large body of the militia of the State of Maine, under the authority of certain "resolves" of its Legislature, adopted after long discussion with closed doors, into a portion of the territory in dispute between Great Britain and the United States, (the whole of which territory had up to that period continued in the possession of Great Britain, and had provisionally constituted an integral part of the piovince of New Brunswick, subject to its laws and acknowledging no other jurisdiction,) VIZ., the Valley of the Restook, where they took post, fortified their position, and loudly announced their intention of taking immediate possession of the whole of the disputed territory; and, to support this advanced force, a further call was made by the Government of Maine on the militia of the State, large bodies of which accordingly assembled at Houlton and elsewhere, proclaiming their object. Under circumstances so extraordinary, and proceedings so little comprehensible on the part of a subordinate section of a nation at peace with Great Britain, I could only look to the instructions which I held from Her Majesty's Government for my guidance ; by these I found myself required to protest in the first instance, both direct to the authorities of Maine, and through your Excellency to the General Government of the United States, and in the second, to be prepared to assert and maintain the ))osse8sion and juris- diction of Great Britain in and over the disputed territory, to give protection to Her Majesty's subjects settled therein, and to guard our established line of communication with Canada by the valley of the St. .John and the Madawaska settlemeuti The measures which I adopted with a view to the fulfilment of these instructions are known to your Excellency and to the world. At this crisis your Excellency interposed, and a correspondence was shortly afterwards opened with me upon the subject by my friend CJeneral Scott of the United States 158 CORRESPONDENCE RELATING TO THE army, of which the object was to avert a conflict of arms upon a point of com- paratively minor importance with respect to the determination of the great question at issue between the two nations, by proposing that each party should pause, should mutually forbear from collision, and should continue in the position in which they then stood as to actual possession, neither party admitting or conceding the ultimate right of the other to such possession, Maine agreeing to withdraw the whole of her militia forces, upon my engaging to abstain from any offensive operations against them with a view to their expulsion. Upon the ratification of an agreement to this effect, accompanied as it was by an assurance from General Scott, (which to me was entirely conclusive,) of his conviction that it would be fulfilled by Maine " cheerfully and in good faith," I immediately ordered back to Canada Her Majesty's 11th Regiment, which was then in the occupation of both banks of the St.- John River, just below the confluence of it with the Madawaska, and I shortly afterwards de- spatched the warden of the disputed territory with a suitable posse, with instructions to seize and destroy all timber illegally cut, and effectually to pre- vent, by the force of the laws of this Province, all further depredations upon the timber of that portion of the disputed territory comprised in the valley of the Upper St. John. Scarcely, however, had these orders been given and these movements made, in the very spirit as I declare to your Excellency, of an anxious desire on my part to give effect to what I considered to be the true intent of the arrangement, when I learned, with equal astonishment and concern, that a portion of the armed posse of Maine, had not only advanced from the valley of the Restook to that of the Upper St. John, and had established and commenced fortifying itself, (why do this, if not conscious of the infringement of the agreement which it was committing ?) at the mouth of the Fish River ; but that the person in charge of this party (oi' the name of Nye) had actually threatened to arrest the British warden (whose posse was unarmed) in the execution of the duties which I had assigned to him. Against this bold infraction of the agreement so recently con- cluded, I immediately protested to the Authorities of Maine, through its land agent, to the Presidential Government through your Excellency, and finally to General Scott as the mediator and guarantee of the compact ; to whom I stated, that in order to do all that depended upon me to carry oi^t the great object of the agreement, viz., the prevention of collision, I had instructed the warden to withdraw with his posse from the immediate neighbourhood of that of Maine, which, as I have before stated, had openly threatened to make a prisoner of the British functionary ; one, be it remembered, whose apiraintment had been ii«cognif ed and concurred in by the United States' Government. With refercMce to these proceedings and to the agreement itself, 1 will here remark that, apart from the consideration of the establishment of the Maine posse at the mouth of Fish River being an encroachment on actual British possession, it cannot but be regarded as hit>hly objectionable when viewed merely in the light of an extension of that of Maine, beyond what she possessed at the time of its conclusion. In that agreement the Governor of Maine expressly consents to ieave the (question of possession and jurisdiction as they at present stand, i. e., "Great " Britain holding in fact possession of a part of the said Territory, and the " Government of Maine denying her right to such possession, and the State of " Maine holding in fact possession of another portion of the same territory to " which her right is denied by Great Britain." In giving effect to this agreement, the first inquiry would necessarily be, how the possession and jurisdiction of the respective parties actually stood at the time of its conclusion ? On this point the facts are, that Great Britain held the actual jjossession and jurisdiction which she had had from the beginning in the valley of the Upper St. John, comprehending the Madawasku settlements iis limited by the uppermost locations of the actual settlers; and that the 11th Regiment was at that time actually stationed on both banks of the Upper St. John, immediately below the mouth of the Madawaska River. Great liritain v.as 111 like niuuiier lu possession of the wiiole course of tiie Madawaska River and the Tcmiscouata I^ke and Portage, comjirehending the Fief of Madawaska on the line of communication connecting the British Provinces. On the other hand it must be admitted that the State of Maine had gained a footing and an NORTH AMERICAN BOUNDARY^ 199 actual possession in the valley of the Restook, which, therefore, was the portion of the disputed territory referred to in the agreement as being, in fact, held in possession by that State. Such were the circumstances as to actual pos- session at the time of the agreement. Although not required by the terms of that agreement to withdraw Her Majesty's troops from their position in the Madawaska settlement ; nevertheless, acting under what I may perhaps be excused for desiainating as a nice and scrupulous sense of the spirit of that compact, I lost no time, immediately upon its ratification, in ordering them to return to Canada, and in directing them to be replaced by an unarmed civil posse. The consequences I have already stated, and have ventured to apply to them the terms by which the American Secretary of State has thought fit to characterize the strictly defensive measures adopted by the British Colonial authorities. Finally, with a view to pkce what is really the principal if not the only question involved in this discussion, in a light in which it does not appear to have been considered, I will observe that the limits within which the operations of the Maine land agent's posse employed for the purpose of preventing depredations upon the public timber ought, under the agreement, to have been restrained, must depend upon the clause in which the Governor of Maine undertakes " to withdraw the military force of the State from the said disputed " territory, leaving only, under a land agent a small civil posse, armed or " unarmed, to protect the timber recently cut, and to prevent further depreda- " tions." The natural and fair construction of this stipulation, that the civil posse was to be left in that part of the disputed territory from which the military force was to be withdrawn, namely, the Valley of the Restook, this being also the portion of the territory before referred to, as in the actual pos- session of the State of Maine, — and that the operations of this posse should not be extended beyond that portion of it. This, at least, is what I contem- ?lated, and all to which I intended to give my assent, — and I know not that can better illustrate my impressions on this point than by stating that if a distinct stipulation had been introduced into the agreement, that Maine should acquire the right of advancing her possession and co-ordinate jurisdiction to the Upper St. John, or to any part of that river, I should have felt myself compelled to have instantly rejected such a proposition as alike incompatible with the possession and jurisdiction which I was instructed to maintain, with the pro- tection which 1 was required to afford to Her Majesty's subjects of the Madawaska settlements, and with the security of our established line of com- munication with Canada. The declaration therefore by Mr. Forsyth, in his note of the 25th ultimo, that I had by that agreement assigned to the State of Maine, and therefore myself parted with the right and duty of protecting the public timber in the disputed territory, cannot be regarded as otherwise than a gratuitous, and I might add an unfounded assumption which all my public acts, more especially my proclamations and instructions to the warden sufficiently refute and prove that those rights and duties h&ve never ceased to be exercised by this Govern- ment. In conclusion, I beg earnestly to invite your Excellency's attention to the annexed, very clear, satisfactory, and conclusive memorandum on the limits of the Madawaska settlements by the respected Chief Justice of this province, (before whom Mr. John Baker was tried,) and to the sketch appended to it, of which the fidelity admits of no doubt. I have, &c., (Signed) J. HARVEY. Inclosure 3 in No. 35. Memoranduvi on the limits of the Madawaska Settlements. THE geographical limits of the Madawaska settlements may be pointed out with a near approach to precision. These settlements have been progres- sively formed during a period commencing upwards of fifty years ago, and cxtendina; down to the present time, principally by the French Acadian popu- lation from the lower parts of the St. John, and their descendants, that have from time to time set down iipon the lands, some under grants from the Government «'« Wr-, %k 160 CORRESPONDENCE RELATING TO THE of New Brunswick, and many without title. The lower limit of these settle- ments, as they existed in March, 1839, may be stated to be the Great Falls, and the upper limit the River St. Francis; and the settlements are made on both banks of the? river (that is the Main River St. John) without distinction, and are not confined to the north side of it. For some distance below the confluence of this river, quite up to the St. Francis, although the population is not so dense as It IS below, yet there is such a continuity of settlements on one bank or the other, that it may be stated as the general fact, that a traveller on the river is always in sight of a dwelling or a clearing. A reference to Mr. Wilkinson's sketch, which accompanies these remarks, will show this to be the case, and also shows the chapel for the upper settlements on the southern bank of the nver, about nine miles above the confluence of the Madawaska. The French settlers throughout this tract of country, without any distinction between those in the upper and those in the lower parts of it, are known in New Brunswick by the common appellation of the " Madawaska settlers," and owe a common allegiance to the Crown of Great Britain. The authorities of this province have always deemed their jurisdiction to extend alike to all parts of these settlements, and there are many instances of the exercise of this jurisdiction on record. The most remarkable instance is that of the case of John Baker, who was tried and convicted in the Supreme Court at Frederickton, in the month of May, 1825. for acts in resistance to British laws and authority, committed on the lot upon which he then resided, and still continues to reside, at the mouth of the Meri- umticook Rivei, about five miles below the Fish River; which lot, when he "™l went upon it, about 1823, Baker considered as being within the Province of New Brunswick, and subject to its laws, and he received a provincial bounty for grain raised upo-,i this land. In this case it was proved and held by the Court, that in point of fact, the possession and jurisdiction of the Province of New Brunswick existed throughout the Madawaska settlements, in their whole extent upwards and downwards, and that there was po line of division, in this respect, between the several parts of the whole settlement, nor any principle known to the Court, upon which any such Une of division could be formed. This case was one of notoriety, and a subject of discussion between the Govern- ments of Great Britain and the United States. A report of it was among the documents laid before the King of the Netheriands on the Boundary arbitration, and will be found in the Appendix to the Boundary Pamphlet, published at St. John, in 1839. A copy of this pamphlet accompanies these remarks, in which are marked the several passages in the trial of Baker, which ai particulariy applicable to the limits of the Madawaska settlements. Thus Mr. Forsyth's reasons for not considering the territory contiguous to the mouth of the Fish River as included in the Madawaska settlement, viz. " That it is distant some twenty-five miles above it, and the two points are not " connected by any continuous occupation or settlement of the country," fall to the ground. No. 36. Mr. Fox to Vmount Palmerston.— (Received June 17, 1840.) ^*'™ct.) Wa$hington, May 28, 1840. I I.^AVE had the honour to receive your Lordship's despatch upon the subject of the Maine boundary negotiation of the 30th of April, delivered to me by the Eari of Mulgrave. I have duly communicated th; substance thereof to the Government of the United States. No furtli"; aroceedino-s have been had in Congress with reference to the boundary nf_;otiation, or to the affairs of the dispui od territory, since the date of n; y last despatch to your Lordship. '^ CORRESPONDEXCE nsLATtNO TO THE NORTH AMERICAN BOUNDARY BETWEEN THE CoLONIAL OfFICE AND HeH MaJESTy's PROVINCIAL Authorities in North America. No. 1. Major-General Sir John Harvey to Lord o'lenelg.— (Received March 28, 1839.1 (Extracts ^ ., P^^^ment Hofuse, \t.\iraci.) Fredencton. February 24, 1839. IT can scarcely be necessary for me to explain, that, addressed as mv remonstrances were to a subordinate State of a nation at Se wuJ Endand all I could have intended to convey to that State wa^a disHnr! decTarafon, that if thev should persist in^ertain aSs^ga nst wS found It my duty. n o&edience to the instructions of myloverei-n so to protest, they must thereby incur the hazard of plaS t'lc^two nations not the State of Maine and the Province of Sew firunswick m a state of war. My intimation, that I should, in suc^ a cas^ b^ prepared to take military possession of the disputed territory could have had no reference to any particular amount of physical forc^ to be used on he occasion, it being merely intended as an intimation thatjnstead as heretofore of abstaining, as has always carefully been done from the employment of any other than the civil authorities of t{is Province inTsert! ing the right of the possession and jurisdiction of England in and nvpr7»,„ district, t^e claim to which is in dispute, until the ^qSon "^ u^^^^^^^^^ right IS decided. I should, under certain assumed circumstances^rz the entrance into that district of an armed force, claimTg to exVdse co-ordinate authority on the nart of the State of Maine, ffelTt mv duty to support, or rather to repface the Civil by the Military arm therebv ToTfk";j^'T ^'^^^"^^t °"' ^hat it virtually is. a strictfy na" onarone^ To talk therefore of moving thousands of M^ilitia into the territorv^s' as appears to me, to use the language of absurdity. I am not at nreseni in a position, and thproFore «h«ii w"^o n- -'■'■-S-t ,"'" "^^^ a»^ P^sent inroaci But the British-nation ^ilurbtirss^Sr^^/Vi^itTJ^ T^^Td m such case, the instant evacuation of the territory, anfaftUl reparation , 1 /i 102 CORRESPONDENCE RELATING TO THE for this unwarrantable act of aggression will doubtless be demanded and insisted upon from the General Government of the United States, and if not promptly afforded, England will know how to assert her rights. In the mean time, I have renewed my reiterated applications to Sir Colin Campbell for reinforcements, and have also applied to the Governor- in-Chicf for tiie means of enabling nie to protect the Maduwasku settlers, and keep open our communication with Canada. No. 2. Major-Oeneral Sir John Harvey to Lord Qlenelg.- March 28, 1839.) -(Received Oovernment Uouae, (Extract.) Fredericton, February 26, 1839. I HAVE the honour to inclose several of the latest Journals from the State of Maine, where all appears to be excitement. By private accounts, however, 1 am assured that there is no present intention entertained of pro- ceeding beyond the valley of Restook. In this case no collision can occur, as my mstructions to Colonel Maxwell, are, on no account to quit that of the St. John, the objects of the present service being purely defensive, namely, to protect our communications with Canada and Her Majesty's subjects of the Madawaska Settlement. I have dispatched special messengers to the Governor-in-Chief,and to Her Majesty's Minister at Washington, as, also, to Sir Colin Campbell for troops, that I am inclined to entertain the hope, that the measure which I propose to adopt in Council to-morrow, oi issuing a strong Procla- mation against all trespassers on the timber of the disputed territory, send- ing copies of it by confidential agents, and apfrainting a nosse of civil assistants to act under the Warden in giving effect to it (or the person appointed to act in his absence), may do more towards satisfying and tranquillizing the minds of the Legislature and people of Maine, than any. other which could be resorted to. Inclosurc 1 in No. 2. Mr. Sherwood to Captain S. Tryon. British Contulate, Portland, (Extract.) Maine, February 18, 1839. I HAVE to acquaint you for the information of his Excellency Alajor- General Sir John Harvey, that in addition to what 1 have already written you, in regard to the doings of the Legislature of this State in secret Session, and the raising of an armed force of 200 men, to pnK-ced to the disputed territory, that the Governor of said State, has ordered out a force of from 1,000 to 2,000 men, to proceed forthwith in aid of the posse who have invaded Her Majesty's Territory ; and report says, if needs lie. to march to F'rederict«m, and there recapture the Land Agent and his as- sociates, with such of Her Majesty's subjects as may be found trespas- sing upon the disputed territory. It is a fact, in corroboration, that the Adjutant-General of the Slate arrived in this city, on Saturday, and took from the Arsenal from 1,000 to 2,000 stand of arms, or more, together with other warlike stores, whicli were carried away on Sunday morning, to arm the Militia at Hangor, for a further invasion ; and, further, several waggons, also left, with pow- der, blankets, &tc., for the army now Ixjing raised. I also understand, that an express from the Governor of Maine, to thai of Mussuchusells, pusstxl through this city, this morning, asking u co-operation of force to take possession of the Territory, and that the I^egis- laturc of Maine intend this day, to pass a resolve, placing at the disposal of the Governor for this pur[)ose, and the Militia, 500,000 dollars. Be it NORTH AMERICAN BOUNDARY. 168 ns it will, I fef r from the excitement of the Leg^ialature and people of this State, that matters will be carried to such length, as to cause much trouble to his Kxfellencv, and great expense to his Government. Every thing here looks warliite, and the people are hot for it. Inclosure 2 in No. 2. Mr, SheriDood to Captain 8. Tryon. British Consulate, (Kxtract.) Portland, February 19, 1839. I addressed you yesterday, stating that 1,000 or 2.000 stand of arms and other warlike stores, hacl been taken from the Arsenal in this city, by order of the Governor of Maine, and carried off to Bangor, to arm the men drafted from the military divisions in that quarter, 1,000 of whom were immediately to march to the disputed territory, in aid of (hose already there. I now have to acquaint you that I have since ascertained, that a fur- ther draft has been ordered out, of 1,000 men from each of the divisions in the State, for the like purpose, which will, with the force already raised, give an army of between 8,000 and 9,000. The Militia of Maine consists of eight divisions, or about 43,000. I need not inform you, that everything in this quarter is warlike, and, indeed, the same in the whole State; that the citizens are eager to try their strength, being confident of success, especially as you have no regular troops, and even if you had, in the woods they think they would be of but little use. The drafting from the fifth division in this city and quarter, commen- ces this evening or to-morrow morning, and, no doubt, will soon be com- pleted, as whole companies offer their services. There can be no doubt of the intention of this force. Maine is deter- mined to take possession of the territory if they can, and to exercise exclu- sive jurisdiction over it. P.S. — In addition to the arms above mentioned, as taken from the Arsenal here, 500 rifles may be added, which left here the day after, viz : yesterday. No. 3. Major-GeneralSirJohnHarveyto Lord Olenelg.— {Received April 30, 1839.) Government House, (Extract.) Fredericton, March 23, 1839. THE confident hojie of an early and amicable termination of the present Border dispute, which I ventured to express in my Speech upon closing the Session of the Provincial Legislature this day, I have had the satisfaction of finding confirmed by the arrival at Government House (during my absence at the Province Building), of a semi-official despatch, with un official inclosure, fnmi General Scott, of which copies are inclosed, as well as of the memorandum placed by me upon the agreement. 1 have requested the confirmation of this arrangement on the part of the Governor of Maine to Ikj sent to me at Woodstock, to which place I jjroceed to-morrow. Pending the reference to Her Majesty's Government, it is not my intention wholly to withdraw the troops from the positions which they at present occupy, with the exception of^ the Madawaska Settlement which will i)e sufficiently protected by a detachment which 1 shall leave at the Grand Falls, where I have caused a rough, but comfortable log barrack to be constructed, at an expense which I apprehend will not exceed about 200/. Y 2 IM CORRKSPONDENCE RELATING TO THE I Hhall place a uinall guard at the mouth of the RfKtook, for the ])ur^)08(' ur prutecting the hoom and aaHisting the proper ufhccr in the pi tcctiun of timber HoiKcd in its descent from the Ucutook into the bt. John, attaching to ouch party a small nunil)er of militia. I shall make a similar arnmg^emcnt at W'xKlstock, concentrating ti«o lindcr of Her Majesty's troops at this placr and St. John. The temporary arrangement entered into with the State of Maine, through the agency of my fii' ui]. General Scott, is virtually, that Maine is for the nresent |)ei .i*,i« •! U) rciaain in the occupation by a Civil Posse of the valley of t*^!^ )?'.out to be renewed between our Governments, respecting the disputed territory, either at London or Washington, as may be preferred by Great liriiain ; and that a messenger recently arriveil from London, has informed Mr. Fox that instructions for him were nearly ready, I certainly know through an official letter recently received froin Washington. It is probable the Governor of Maine may deem a civil posse, partly armed and partly unarmed, of (say) from 150 to 250 persons necessarv . of which he would probably keep a handful at the boom across the Restook. below the mouth of" the little Madawaska, on which there is much cut timber exposed, and the remainder at work on "theRest(M>k road" on this side, although under circumstances, he cannot stipulate on the subject, I am certain that he does not intend to send any part of such posse beyond the waters of the Restook River, and that it is his intention so to employ his people in guarding the timber, as to he but little observed, and to give the least possible irritation to the ]Mipulation of New Bruns- wick. Any aid which you may be pleased to afford in securing the cut limber coming down the St. John, from the Restook district of the dis- puted territory, after the timber shall have arrived within your uik s- putcd limits, although uninvited by Maine, could not be regarded by her in any unfriendly spirit. NORTH AMERICAN BOUNDARY. 166 I have ventured followinp^ out a stiepestion in your note of the 12th ingt., to insert in the (h-clnration invitent of Mnine denying; her right to hucIi poMHession ; and the State of nie "yiiiR her right to hucIi poMMeu. ^ ...^ . „, „, Alaino hoKliiifr. in Jnct, jMmHeMBion of another portion «»» the same territory to whieh Ilor right is denied by (Jrcat Britain. With this underHtandingthc (iovernor of Maine will, without un- ijCfcgHary delay, withdraw the Military force of the State from the said disputed torriiory, leaving only under a Land Agent a small civil pontx. armed, or unurnied, to i>rotcct the timber recently cut, and to prevent further ul)ts not, that they will respcnul to any further call with that alacrity wiiicli lias ever characlcrizetl the Mililia ol Maine. By the Commander-in-Chief. (Signed) A. B. THOMPSON, Adjutant-General. i 168 CORRESPONDENCE RELATING TO, &c. Head-Quarters, Eaxtem Divinon, Augiuta, Maine, March 26, 183d. The foregoing Order has just been handed to me by the functioharv whose signature is attached. (Signed) WINFIELD SCOTT. STATE OF MAINE. GENERAL ORDER. Head-Quarters, Augusta, March 25, 1839. r ^. ^^JO^^^'GKNERAL Isaac Hodsdon, commanding the military force or the State now on duty on the northern frontier, will make immediate preparation for retiring with the troops of his command from the Valley or the Arostook ; and, as soon as a suitable civil force shall have been ftirnishfid the Land Agent, to enable that officer to protect the timber, and other public property, of which due notice will be given, he will cause the detachments under his orders to return, by way of Houlton and the Arostook road, to the city of Bangor. By the Commander-in-Chief. (Signed) A. B. TH0]Vl1»S0N, Adjutant-Qeneral. No. 5 The Marquis of Normanby to Major-General Sir John Harvey. (Extract.) Downing Street, May 16, 1839. I HAVE received the despatches and the letters of the 23rd and 27th March. Her Majesty's Government have received with much satisfaction your r^rt of your negotiations with Major-General Scott, for the provisional adjustment of the Boundary Question, and approve and sanction the terms on which you ultimately agreed. The correspondence between yourself and that officer is honourable alike to you and to him. It is gratifying to observe that the feelings of personal esteem which v?re established between General Scott and yourself, when formerly opposed to each other in the field, should, after the lapse of so many year8,liave induced and enabled you both to concur in averting from your respective countries the calamities of war. Having kid these papers before the Queen, I have been honoured with Her Majesty's commands to sienify to you her entire approbation of your conduct on this occasion. 1839. hary )TT. 1839. force liate alley been and ; the the fral. 839. J7th ^our )nal the '^een t is ■^re Hsed lave tive the lify