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Les diagrammes suivants illustrent la methods. ata ilure. a 3 1 2 3 t 2 3 4 S 6 T^S»«W ,;^^fe*:^--tj[, . .-_..*A^^»*!,k^ ^^^^iw£^^.*^; :«■ ■»/. ' -!aiBJBS»"WraK?TS ^k ■ ji' wh 25th Congress, 2(/ iSession. s [ SENATE. ] MESSAGE nioM [ 424 ] THE GOVERNOR. AND RESOLUTIONS OF THE LEGlSLxVTURE, OF MAINE, III relation to the northeastern boundary of that State. May 7, 1838. Laid on the table, and ordered to be printed. To the Senate and House of Representatives : t I herewith comm\inicate for your consideration u conmiunication ad- dressed to me by the Secretary of State of llie United States, with the cor- respondence therein referred to, in reference to tiie northeastern boundary. This communication is made by request of the President of the United States ; and, in comphance with his suggestion, I ask your careful and deUberate attention to the facts and propositions therein contained. The duty devolving upon me would, perhaps, be performed by the simple com- munication of'these documents, witliout any remarks or comments of my own • but this subject, always interesting to Maine, has become more so by this direct application, on the part of the President of the United States, for the expression of the wishes and the will of this State in reference to the adjustment of this long pending question ; and feeling o deep interest, personally and otlicially, in every thing that relates fo it, and anxious, mainly, that the ri'j;hts and honor of Maine should not be jeopardized or impaired, I feel it to be a duty which I owe to the people who have assigned me my part of responsibility, to speak my honest opinions and views. plainly and unreservedly, upon the grave matters now submitted to yon. I ask for my viev/s no other weight or influence than such as their intrinsic value may entitle them to ; and I desire only to be regarded as connected with you in guarding, with watchful care, the great interests intrusted to us and doing my duty, in this important crisis, according to my best judo-ment. If my views are erroneous, or if I am, in your opinion, unne- cessarily strict or severe in my judgment of intentions, or too limited in my sutrgestions of policy, I trust to you to correct or to overrule me. I assume no'^right to dictate or control your action. In'^the communication from Mr. Forsyth, in connexion with a very lucid and interesting history of the negotiations between the two Governments, we are informed Ihat the discussions between the Federal Government and that of Great Britain have arrived at a stage in which the President thinks it due to the State of Maine, and necessary to the intelligent action of the Blair & Rives, printers. ' Jli [ 424 ] 2 General Government, to take the sense of this State in roo-.rd to the expe- diency of openinir u direct ne.irotiation for the estabhslnneut oi a conven- ;;o>nd linr and if Maine should deen) an att-nnpt to adinst the matter m iZ^Jovl^sy m that Ibrm advisahlo, then to ask the a.,.ent ot Mame to tlic '""The o-rave and important (piestion, therefore, presented for your consid- eration "as vou will more fully perceive hy the docnments reterred to s, w e er you will clothe tlJ Executive of the United States w.th he unlimited power of fixmg a new and conventional line m hen ot the ''tClSnlJinfv'gratifvin. to perceive that the right of Maine to be haird § .nd onsnUeybetbre\he^reW i^ abandoned, is fully rocogmsed by he Gene d Governnient ; and 1 have no douhl the Legislature ot Maine vHl pp i ch the considel-ation of the proposition m the same spirit it ,s X^i,^and with an anxious desire to ternnnate this long pending and emban'asshig quesdon, if it can be done without too great a sacnhce ol honor and r^dit. Although the documents are somewhat vohiniinous, li- proposition is single and smiplc in ,ts character, and easdy understood I have criven to the subject all the retlection and examination 1 have been ablelo bestow since the reception of the docnments, and witli a mast anxious desire to acquiesce in any leasible scheme of adjustment or any reasonable proposition for a settlement, 1 feel constrained to say that 1 can see little to hope, and much to fear, from the proposed departure irom the ^''T Uiinkthat the most cursory examination of the correspondence and movements on the part of Great Britain, must satisfy any one that thej leadino- obiect which her diplomatists have had m view, since the result ot ^ the arbitration, h.as been to destroy or lay aside the treaty line ; to lead us : •iway from the clear, unambiguous, delinite terms of that treaty, and involve^ us in interminable discussions, propositions, and replies in relation to con-^ vcntional lines, no one of which would be accepted unless it gave to them a laro-e part of our territory. We find that in May, 1833, very soon alter the Pre 'ident, in pursuance of the advice of the Senate, had opened a new nerrotiation to ascertain the line accordiv,^^ to the trcuti/ oj l^^.i, to which treaty line the negotiation, of cours(>, was confhied, the British minister suo-o-csted"thattliis perplexed, and hitherto interminable, question, could only he set at rest by an abandonment of the defective description oi boundarv contained in the treaty, and by the two Governments mutually ao-reeino-" upon a conventional line more convenient to both parties. 1 lie same imention is apparent in the refusal to acquiesce in the proposition to refer the settlement of the treaty line to a commission, to be constituted o an equal number chosen by each party, widi an umpire to be designated by a friendly power from the most skilful men in Europe; or, secondly, that the commission should be entirely composed of such scientific men of Europe, to be selected by some friendly power, to be attended in the survey and view of the country by aiients appointed by the parties. It was in answer to this proposition that the suggestion of the impracticability ot the treaty line was made, and the intention became apparent to lead us away from that inconvenient obstacle to their wishes atid plans, the treaty language. The proposition was so equitable and fair, so just to all parties, and so iiill of promise of adjustment upon proceedings satisfactory to us, that it could not' be peremptorily rejected. Hut although it was entertained, the answer lI (0 the cxpe- , of ;i coiiven- tl\e matter in ■ Maine to tlic r your consid- ret'erred to, is, ;ites wil!i tlio 11 lieu of the 10 to be hoard recognised by lure of Maine uue spirit it is pending and a sacrifice of aluminous, il" mdcrstood. inatiou 1 have ; id with a niDst : slnicnt, or any .say tliat 1 can irture from the spondcncc and | y one that the :o tlic result of [ne : to lead us ,ty, and involve * relation to con-| it gave to ihem? very soon after ^ 1 opened a newi: 178:3, to which i ]ritish minister! question, couldj description of; nents mutually parties." The e proposition to; )e constituted oft o be designated; B ; or, secondly.! icientific men oil ;d in the surveyl ties. It was ir^ jticability of the] to lead us away treaty language.^ rties, and so full us, that it could, ned, the answer 3 r^^^] 10 it cloooed the proposiiioii with m) many conditions, and so hmiled iho i)Owers of the counmssioner.s, and rerpiired the concession, on our part, ot the ail mi|)orlant fact that the St. John's and Restigouclie uie not Atlantic rivers tliat the oriuinal i)laii was at once de])nvyd ol ad vitahly,or powci, or usl' and in lad the lelcronce would have been merely an agreement to abide by the decision, provided both parties should be ^.atished and assent to it. , 1 • • • it is certainly somewhat remarlvable that il uio assuuiod lact is true, viz: ihat the ireatv line caunot be laid down or li>:ed accordmg to the treaty, that so mucirunwillinirness should be exhibited to have an atlempt made to ascertain it: or, if Great Britain is so strongly convinced ot the justice ■.rJstrcir'ihoV h-r argimuDit and claim, that she should be so reluctant lo rel'er the whole question to disinterested and scientidc Europeans, there is an apiiarent, and I dou!>t not, a real anxiety to avoid discussion or ex:nm- nation u'/.v^n/ upon ll,r /rcut^; and I fear that if we once a )andon that line in seardi of a coiivenliona! one, we shall never be able to bring them back a-ain to consider the present line, or to recognise the treaty as ol any binUmg rFilcacy. I fear, too, that the only (luestion in negotiation lor a conventional line, will be how lar-e a portion of our terri;ory we must vi^/^ "P; ^"^ su'.'>-(.stioii made bv our Government to take the river St. Jo ms, Irom its nuMUh to Its source, as the boundary, was rejected, with a simple cxpressi.Mi of wonder that it should have been made: and our Government is told .'xi.liciilv that "his Maiestv's Government cannot consent to embarrass the lu'niiiaiion lespectmir' the boundary, by mi-m,.r u). with it a discussion ivaudin'r (he uarii^cdhm of the St. .ichifs, as an integral part ot the; (iire.lion'." The intimation seems plain, that no ncgotialion lor an excliange of territorv or privik-'es will be eiitned into, but the single point will be 1-.VV shall "the ui \m\'-A ierrito;'v be divided between the parties / 1 lear that if wcabaudui. the Iroatv language, so clear and so decided m our htvor, ai.d ^o much at variance' with their claim, we shall leave a certainty lor an iuicenaintv, and throw doubt, cnfusion, hud embarrassment over our d,,;. :.nd our cours. of action, anc? yield to Great Britain the un.at obstacle we now present to her grasi)ing spirit, the solemn treaty ot \tb6. And what securitv have we tliat any line can be hxed upon which shall bo pernianeul, or wliiit ceriainly is there that the new line '"^y not be declared to be - impracticable;' whenever it may come "^^"f "^Vn nl' to of the plans or wishe. of CJreat Britain? It would certain yb<= dillicult to pivseul a siruim-er and clearer case than we now do ; and if diplomacy and skill can manuf.ctnre doubts a.,d embarrassments in the ^I'^^ussion ot die .na.slion as now i.r.s,mted, we. may well despa.r ot ever nxmg a certa J,a u,„Uerable line ol' boundary. If I am accused of "'J''^^}*^':;:^;^;^ m these remarks. I would point, in justihcatiou, to tlie remaikable piogiess of the doubts and assertions in r.^lation to the treaty nie oi bomdarj V/ben the qu.slion as to which river wao the true St. C roix of the treaty .which was the onlvqneslion Iho, m dispute) was befl)re the commissione is under the (ivatv of 1791, the British agent founded his prmcipa argnmeni tor the westernmost river, upon the -round that a line due "oi'll^.^'O'" « source of that river would only include a part ol one ot the r've's (the St. Johns) which have their mouths wiUnn .\ew t^''^'^^/^''^^-. ."f .f ^^ -the most accustomed and convenient rule, m cases of this kind, is to leave to each power respectively the sources of those rivers that empty ,ljcm.=p!ve.s, or whos-.; montlis arc within its territory upon the sea coast, it :ii li [ 424 ] 4 it can be done consistently witb; or in conformity witii the intent of the treaty."' A line cine north'lVom the sonrce of the western or main branch of the Schoudiac or St. Croix, will fnlly secure this cll'ect to the United States in everv instance, and also to Great IJritain in all instances excejjt m that of the river St. .lolmr.. ndierein it becomes iHijxissihh; by reason, that the sonrccs of this river arc to the westward, not only of the western bonndary line of Nova Scotia, hnt of the sonrccs of the Penobscot, and even of the Kennebec, so that this north line viiisl, of mcessi/i/, rro.ss the SL JoiiNs, bnt it will cross it in a part of it almost at the foot of the lli^•h- lands, and where it ceases to be navig;'.I)le. IJnt if u noith line is traced from the sonrce of tlie Chcpntnatecook, it wdl not only cross the river St .John's within abont lifty miles from Frederickton. the metropolis of New Ihnnswick. bnt will cnt olf the sources of the rivers wliich lail mto the Ray of Chalcnrs, if not many others, probably of the Meramichi, amonjr them which tall into the Gulf of St. Lawrence, and thereby be productive of inconvenient consequences to the two powers, if not of contention between them, instead of "terminatinjj: their diflerences in .such a manner as may be best calcniiitcd to {)rodnce mutual satisfaction and "food under- standinir. which is one of the principal and avowed objects of the treaty."' At this Time, then, there was no doulit that the line rinming due north to the hiirhlands of the treaty nuist cross the St. John's river: and if the startintr point was carried cast, it is admitted that such line would cnt olf tiie Kestigouclie. which is nearly as far north as our claim ; and certainly the line was to run eqnallv far liorth, whether the starting point was cast or west, unless the hiirhlands inclined to the south; and , ct we are novv^ required, as a preliminary, to admit that the St. John's and Hestigouche are not Atlantic rivers, withiii the meaning of the treaty, in 1814, when the negotiations whicll resulted in th(! treaty of Ghent v.'ere in pro;>-ress, no pretence was made that our line did not extend [,( yond the St. b:)lni"s, and according to our present views. Great'l5ritain,then, by her negotiators, expressly stat(d lliat she "desires the revision of the frontier between her North American chnuinions and those of the United States, not with any view to an acquisition ol' territory, as snch, bnt for the purpose of securing her ]if)sscssi(nis. and jireventing, in future, disputes, and such a vadiatiox of th(> line oi' iVcmtier jis may secure a direct communicatiou between Q.nebec isnd Haliiiix." And wlien our negotiators peiemptorily refused to agree to any ccsftir.n of territoiy, the answer was, that they "were not ])repared to anticipate the objections contained in the note of the American plenipotentiaries, that they were instructed to ^reat for a revision of their boundary lines, with tlie statement which they have subsequently made, that they had no authority to ctWc any part, however insignificant, of the territories of the Unitid States, althouo-h the proposals lel't it op.cn for them to demrmd an eijuimhid for snch cession, in territory or otherwise." And yet, now that territory, which they then ofitrcd to pay us for, is claimed as clearly their ov.'U ; and lliat line whicll then was admitted and recou-iiised as including the territory as claimed by us, is now declared to be impracticable, and must be abandoned, and a more convenient one sought for and estJililished. I feel most sensibly, that the question now presented is one of very grave importance, and that the action now to bo had by the Legislature of Maine may, and probably will, liave a very material in/iuence upon the relations between tliis Government and Great Uritain. ii(f!nt of llio luiiii braiicli I the United ;rs oxcr])t in reason, llmt tlie western nobscot, and ///, r/'o.v.v I he of the liiiili- inc is traced the river St )olis of jNew lali into the lichi, nmon<2; e productive »i' contention i;h a manner fjood i.indcr- r the treaty."' due north to ; and if the von Id cut oil md certainly MMt was east •, we are nov/ ■itiu-onche are I j, when tiio prouress, no :. loliu's, and she "desires )nsand those ■ territory, as reventin^'-, in s may secure lid wiieii our territory, the le oltjections lit they were (he statement lority to cede 'nitid States, finivdhut for ritory, which vn ; and ifiat e territory as e abandoned. of very ixravc ir(; of Maine the relations 5 [ 424 ] The painful conviction is forced upon me, that Great Britain is deter- mined to hold this territory that she now claims, deeming it highly impor- tant as securing a connexion between her provinces in time of war and peace ; and T reiterate the assertion heretofor*^ made, that -'we have little to hope from the forbearance or action of the IJiitish Government. Their aim is apparent to expunge t!ie treaty provision, and to hold on, with an unyielding grasp, to their modern claim, and reject all propositions having the treaty line for their basis." I cannot but regard it as unfortu- nate, that our CJeneral (Jovenmient, although it has recognised our right to be consulted before any conventional line should be adopted, has, in a degree, at least, given countenance to the propriety and expediency of departing from the treaty line. In a note from the Department of State, dated 2Slh April, 1S35, Sir Charles 11. Vaughan was assured "that his l)rompl suggestion, as his Britannic Majesty's minister, that a negotiation should be opened for the establishment of a conventional boundary between the two countries, was duly appreciated by the President, who, had he pos- sessed like powers with his Majesty's Government over the subject, would have met the suggestion in a favorable spirit." Such a suggestion, it seems to me. althouij'h dictated, doubtless, by x sincere desire to end the contro- versy, was well ciilculated to lead our ojiponents, as a matter of jiolicy on their part, to clog the previous projiosit'on with insuperaiilc difiiculties, and to encourage them to persevere in their attempt to obliterate the treaty langiiaire. [ think the same elfecl must have resulted from the singular amnmciation to the Britisli (Jovermnent, by the late President of the United States, in 1832, in opening the nci^otiation under the vote of the Senate, for a settlement of the tiikaty line, " that if the plenipotentiaries should fail in a new attempt to agree upon the line intended by the treaty of 17S3, there would probably bo less dilliculty than before in tixing a convenient boundary, as measures were in progress to obtain from the State of Maine more extensive |)owers than were before possessed, with a view of over- coming the const itutioiial obstacles wliieh had opposed themselves to sucli an arrangement.'' If a direct proposition had come lo us, thror.gh the General Government, for a specific line of boiiiidary, yielding to us territory, or jnivilcges of navigation equivalent to the imsettled tin'ritory which we might cede to litem, it would certainly have presented the question in a dillerent aspect; but the f[ueslion noio is, as 1 understand it, whether we shall take the lead in a!)andoning the treaty, and volunteer propositions for a conventional line. In ros])cct to the proposition for additional surveys, as it seems to me inexpedient for this State to aciphesce in the proposed negotiation for a conventional line, until it is deinoiisiraled that the treaty line is utterly impracticable and void ibr uncertainty, I can have no doubt that the line ought to be run, either by a joint conmiission of exploration and survey, or independently by our General Government, by its own surveyors. It is evident to me that Great Britain is determined to avoid, if possible, such an examination and exploration and establishment of the line, and such [iroof of the real facts of the case. [t will be perceived that the President intimates that if the consent of Elaine is not oI)tained for entering into direct negotiations for a conven- tional line, and all other measures failing, •'• he will leel it to be his duty to submit another proposition to the Government of Great Britain to refer the decision of the question to a third party.'' [424 1 e As tliis rinht is claimed, ou the part of tl.o P.csiuenI, as withm Ins con .titution 1 powers, without the cunscut of ^\a^u., and as no ac .on on Zto Ahvino ui lelcivnco to tins mode of adjustniont, is asked l>y the Ci en .;,• ea to conn.ient uy.m it, hut retor it to your cons.deratu.n S Station, in relation to tilis in.erestn.j. qne^fon, at tins jno.nu, demands the cKcrcisc of cool and dispassionate jud-n.ent, and caietul. cm- fic^^lnt n'actic.u. Wc owe it \o the General tJovermnent and our sis er States to do nothin- rashly or hastily; to bear and loil.car In tla ^d e ot S^^^^^^ tl;c imlion and the quiet of our borders; but we h;ae •t d itv to p 'rfo m to ourselves and our constituents, who have intrusted ; ,e r^rl ts an lonor of Maine to our Iceepinir. Kelyiu. upon your patnoi- m ilnd iiUe hcrence, and caution, 1 place those docnnu-nls 1. lore you and askVouVaction upon ti,en., in the confident hope that the riohts and the lemyory sSmed to us by our lutliers, in the lield and the cabinet, will not be impaired or surrendered. GDWAlU) IvKNT. CoL'NCir. CiiAMDEH. 3/arc/i 1 1, 183S. STATE OF MAINE. Resolves in relation to the northeastern boundary. Rpwlrrcl That it is not expedient to cjive the assent of this Stale lo the FeS Govermnent to treat with that of (ireat Hrita.n lor a conventional line for cmMlcIItheastern boundary: but that this Slate will insist on the line established by the treaty ol 1/bJ. nonsent -o Rcsolrcd, That as this State has never, heretolore mven ho^r/^'^f^'^ '^ the UT poi t nent of an umpire under the treaty ol Clhent, in IbM, butj a ^tSa!unsttliesame^ and as she beheves U |o ^ a,rav.c^c^ o^^ Whether the provision in the treaty !<«• this purpose has not done its oil c , and isrtl'eretore, no longer ni force, she is not now prepared to give hei •issent to the appointment of a new arbiter. T.LTm'^ our Senators and llepresentatives m Congress be re- quel ed to urae the passage of the bill lov the survey of t^^^; "'^l^ ^-^ ^ boundary of the United States, c^c, now pending m Congress ; i ^ ^ '• t Sd bill shall not become a law during the present session ol ( ^^^^^ if the Government of the United States, either alone or m conjunction wit Gieat Britain or the State of Maine, shall not, on or ^f-^ In- ev of'Iald September next, establish and appoint a commission forasnneyot sa a bouSv line it shall then he the imperative duty of the Governor, with- ou fu;2 eiay to^^^ forthwith suitable conm.issioners and surveyors ?or ascevtaining^-unnin.^ and locating the norlheas.ern boundary line o4 this State, and" to cause the same to be carried into operation. /^eiS That ti.e Governor he requested to transmit to the President of the UnU^d States one copy of his message t6 the Uegislalure, on the suhiect of the northeastern boundary, and these resolutions, and one copy oh same to each of the Heads of^)epartment at Waslnnalon one copy to each of our Senators and Representatives in Congress, and one copy to the Governor of Massachusetts. lin his coil tion oil tlie :l;o(l by ili"^ iisick'iMlitiM. jis lUOlHLill ;al'«>till. Ciiu- ■iit iiiid our ■l)o;ir liir the jUl WU llilVO ,•(! iiitnistid ronr palrini- i)Yc you, iiinl lilts and the not, will not ) KENT. 5 Stale io the conveiitioiKi! insist oil tiu' lor consent to ISll. but lias rave ([ucslion one its ollice, III to s;ivu her i)2"i'ess l/G re- ) norlhoastcni s; and that if CdiiLiress. and ijiinction with he liist day oi' survey ot' said ovenior, with- aiid surveyors undary lino o4" ) the President sluture, on the , and one copy ot(in. one copy nd one copy to Ucnd aiiil passed. Read and passed, March 23, 1838. /\pproved. 7 [ 424 ) In tiuu lloi'iSii OF Hkpukskntativf.s, March 2\i, 183S. MLISHA II. ALLl'LX, Hpeakn'. In Sknatk, iyfl;t/f 23, 1838. X. J5. FJTTl.GFIELD, PrcskUnt. i:i)WAlU) l\HiNT. Skchf.tary'.s Office, Avgusta, March 28. 1838. I horchy ccriify tliai the Ibroafoinic arc true copies of the oriirinals in this ofiice. /Vttost: SAML. \\ Hll'SSOS. H^'ccretari/ of State. T i 'i^