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This item is filmed at the reduction ratio checked below/ Cc document est film* au taux de reduction indiqui ci-dessous. 10X MX 18X 22X 26X SOX 7 12X 16X 20X 24X 28X 32X Th« copy fllmtd h«ra hat b««n r«pro n0 DOCUMENTS 'v^' /Tl^^i -^ t i KKiiTlRG TO THX NORTH EASI^ERN BOUNDARY or TBI '■:.:% ;. r^ STATE OF MAINE. ,. * /■, :;?;._;/ ;,{;v:.- ..i.:(!n* ■'; -j/^ ■» ^'' '-,:*■' i'^' ■i. . ' y ' '>» . ' ,'v?. '■■' ■ DVTTON «b WENTW0RTH--PRINTER8 TO THE STATE, Nm. 1 & 4 Exchange GKrMi, 1828. ''»;ui!'W».)W«''i'"'J^i-i He? i -^ / ^ .^' ! H I I' ' >.;-:-',w^:'--?.' ,-i,,Vt?:, '■^PTf^ ^4.:*v-| r.;::.' •■ *'IJ- 131; #( :^' .^-; ^Vi' *< .rt.v.|-'^ >«« • k. * . i< > '■* ^(*W#"-' ■-\,- ■* ■*■> Ltx^iV-M. ,-^s*^ m^M- mm it^f *;*.*H.i#f •* J 4,'<' A' "*■ •• k'^'' '■•■ ''V-A^'*^*^ *.f 'W'V- v«^: ■^:vi • "'.'."'.*» ». ■ , ' V . .■ I ' *" 'h jI'' ■■ '1.1' ' • ■»""*-■'■ .' - ■ ^^^ (1 1^ In the year of cif Lord one thousand eight hun- ^ dred and twenty-eight. cL^^'.iM RESOLVE For printing the Message and Documents relating to the North Eastern Boundary. Resolved, That the Secretary of the Common- wealth cause to be printed, the following Documents relating to the North Eastern Boundary, viz. - .Letter from the Governor of Massachusetts to the Governor of Maine, dated November 13, 1827. Letter from the Governor to G. W. Coffin, Esq. dated November 16, 1827. Answer of Mr. Coffin, dated November 21, 1827. The Message of the Governor to the Senate and House of Representatives, dated March 1, 1828, together with the documents accompanying the same. VJ., r Resolved, That the Secretary procure one thou- sand copies of said Documents, to be deposited in his office. And that he deliver one copy to every member of the present Legislature who shall apply for it, and dispose of the residue, or any part of them in such manner, as the Executive, or the next Legislature shall direct. In Senate, March 11, 1828. Bead and passed, sent down for concurrence. ,^, JOHN MILLS, iVesirfen^. In House of Representatives, March 12, 1828. Read twice and passed in concurrence. WILLIAM C. JARVIS, %aA»r. March 12th, 1828. .> ;'f';iV*' •;"» 4iprot;c ■ . 9 ■ *«,.'-.^-r.ii*i'-.' f-^- ^-f.^>t**tS*&}*"? iJ/ -». ()' .1.* ''fi. ) • v^frl .t, V '«•'■■ ''.(/• ■•ji.,1 ^%^> '■: Worcester^ Mass. November 13, 182f7. To His Excellency Enoch Lincoln, 4.ts*y Governor of tne State of Maine. Sir, ^ The interesting relations between this Common- wealth and the State of Maine, have never ceased to be a subject of deep and earnest regard by the Executive of Massachusetts. From the time of my induction to office, the unsettled and disturbed ques- tion of the North-Eastern Boundary, immediately affecting a large amount of common property, and made the more important from jurisdictional rights involved in its decision, has met a solicitous and watchful attention. The general views entertained by me on this subject, were early, although briefly, expressed, in a communication to the Legislature, at the commencement of the January Session, 1826, published with the Resolves and forwarded to the Executive of Maine, to which I beg leave to refer, and the opinions then declared, have frequently since, and on all proper occasions, o an repeated. It has indeed been looked for, that the Government of the United Stutes, alike impressed with the ur- gency of establishing their frontier lire of National Boundary, as sensible to the obligation of vindicat- ing the rights of the States particularly interested in the soil and sovereignty of the Territory, would, ere this period, have effectually maintained the in- > .y-t- y '^ .■<■/■ tegrity of an actual possesswft^ and removed, by a clear and distinct designation of Monuments, a)l cause of challenge and controversy with a foreign Government; and of collisions and violence be- tween their respective citizens and subjects. The Treaty of Ghent referred this question to a qualified arbitrament, not for the surrender or compromise of rights, but for the determination oi them 2iS they pre- existed. Commissioners appointed under that in- strument, having failed to agree upon the Bounda- ry, the matter was made, as has been understood, of paramount attention, with the American Minis- ter at the Court of St. James, who, so far as is now known, has been alike unsuccessful in procuring a recognition of the just demands of the United States to the establishment of the Boundary, by the des- cription in the Treaty of 1783. In the intermedi- ate time, the patience of the Governments and the Citizens, boih of Massachusetts and Maine, has been severely tasked, by the embarrassment created to the improvement and disposition of their property in the soil, to which are now superadded complaints of flagrant acts of injustice and outrage, and violations of the personal liberty of American citizens, by Brit- ish authority, claiming allegiance from those who are purchasers and settlers upon the land under grants from the State sovereignties. I need not, Sir, labour to assure you ofthe sym- pathy of Massachusetts in the injuries thus suffered more immediately by the People and Government of Maine. The citizens of this Commonwealth \\ * • fc' I . • I ider have been too recently and too intimately in con nexion and association with their younger Sister, to be insensible tb any occurrence which may in- flict wrongs upon her. 3ut in the present instance, a community of interest and joint suffering will re- quire and ensure a ready participation in all justifi- ^|d)le and constitutional means to obtain redress, and to vindicate the cause of injured individuals, and a violated State. ^ With these views, I beg to be officially in' formed of the precise character and extent of the recent aggressions which have been committed at Madawaska, or elsewhere, within the State of Maine, under the pretext of orders from the Pro- Ivihcial Government of New Brunswick, and to be ^ade acquainted with all other circumstances and ^considerations ^own to your Excellency, as im- portant to a true understanding of the honour and interest of the Commonwealth, which, in this com- ^mcation, I have the duty and the responsibility to ^represent. I With sentiments of the highest personal regard, and official consideration, most fi foithfiilly your obedient servant, mri:! ■ t'^i^lt m, .^--n LEVI LINCOLN 1#- ;»--• >;■.'. • . t S-rr -...- i 1 : i' f < - '\ .^'■■'i-'i^U'^t*-/ • ".J^ 1 \ «fe'r*;^'^:!- ' 'mf^xf-^ >.? * t 4' • : I 8 fl^orcestert November 16, 1827. To George W. Coffin, £8q. Sir, I have seen with feelings of d^ep intorofit «i^ solicitude, unofficial accounts of licts of vi((^9^ and injury by the British Authorities of th^Pronn^ of New Brunswick upon the possessions and per- sons of American Citizens, who ore purchasers and settlers upon lands under grants from this Common- wealth and the State of Maine.. The precise cjKm*- acter and extent of these aggressiojns it is my di||j| to endeavour to learn. They concern the |^0|^c and faith of the State, and may impose an obliga-, tion of appeal to the interposition of ike Nation. I have addressed a communication to the Governor of Maine requesting to be particularly informed on the subject, and while I wait his, reply, I shaH l|« obliged by such intelligence from ypu, as ypui: ag^^ cy in the management of the public lands, and^our knowledge of the condition of the inhabitants of the Territory, where the controversy exists, may enable you to furnish. Indeed I shall receive with great regard any ill- formation which *you may afford in relation to the interests of the Commonwealth in the State of Maine. I am sir, with great respect, your obedient servant, LEVI LINCOLN. ^18^:?^ > 'lfi'#j%> 2 msnk,.^^^ . 9 ! ■ '>•*/■ Land Office, BoUon, November 21, 1827. May it please Your Excellency. f^- I have received your esteemed favour of the 16th instant, requesting information in relation to the ag- gressions on the frontier of Maine, &.c. — Before I proceed to answer the immediate and particular en- quiry, I will preface a few general remarks. The French settlers at Madawaska, are many of them the descendants of the neutral French, that were formerly settled at Kennibacasius near the City of St. John's, and about the year '65 were driven from thence into the interior ; they then fixed themselves at what is now called Madawaska, being an extent of territory bordering upon St. John's river about 60 miles. These people by marriage with the Ca- nadian French, together with emigration from Ca- nada, are now hardly distinguishable from the French citizens of Canada, using the same Creole language.— They remained in that wilderness for a number of years, without being noticed by the Pro- vinces, and to the citizens of Maine were entirely unknown. The first authority exercised over them by the British, commenced about 12 or 15 years ago, when a hard contested election was expected, for a member of the Assembly for the County of York, to answer some political purposes, the Mada- waskans were called upon to give in their votes, and from that time, they have been permitted, or refused 2 \ I / 10 i III '^ I 1' the right of voting, as suited the views of interest- ed persons. Since the dispute relative to the boun- dary line, which commenced about the time an at- tendpt was made to adjust it, under the provisions of the Treaty of Ghent, the British have pursued a more direct course of jurisdiction. Peter Fraser, Major of the 4th Battallion of the York County Mi- litia, thought it a good measure to have the French- men enrolled, and they have for some 4 or 5 years been made to do military duty, but never have been entrusted with arms. They Jiave also, when small deinands have been brought against them, whether just or not, been under the necessity of paying, or be subjected to a journey of 150 or 200 miles to Frederickton to make their defence, a grievance which they complain of very much. Within 10 or 12 years, several families have moved to Madawas- ka from Kennebeck, and others from New Bruns- wick. Pursuant to the resolves of 11th June 1825, the land agents for Massachusetts and Maine, sur- veyed to John Baker and made and executed a deed by metes and bounds, of 100 acres of land, and another lot of same contents to James Bacon. Said Baker has on his lot a saw and grist mill, dwelling house, &c. very pleasantly situated at the conflu- ence of a river (called Maryumticook) with St. John's river, about 10 miles above the mouth of Mad- awaska River; 12 or 15 miles higher up, on the south side. Fish River empties into the St. John's. At this place is a large double saw mill, erected by Wilmot and Peters of Frederickton, which is sup- ; •; r f •(.■ ^'■•■ V.3I. n plied from the forest surrounding it. When I was at St. John's two years ago, I was informed, that in consequence of the remonstrance made to the Brit- ish Minister at Washington, by our Government, against the practice of granting permits for cutting timber from the public lands, a messenger from Eng- land had been sent to St. John's, who passed up to the head of the river, and on his return, declared the Americans to be right, in the construction of the treaty relative to the boundary line, and order- ed a stop to be put to granting permits, and all those issued for the Winter of 1823-6 were recal- led. I was much gratified at hearing this, and be- lieving at that tirae an adjustment might take place, thought it best to proceed no further in making deeds. The excitement has progressed with the people on the frontiers Yegularly to the present time, and I believe the personal interest of Major Fraser (who has several farms on the banks of the river, within the disputed territory, and is a member of the Province Assembly,) as also of said Wilmot and Peters, have prevented by their influence, an hon- ourable adjustment, and kept the people in a fer- ment. I was at Passadunky on Penobscot River, about the middle of last month, when the mail carrier from Houlton to Bangor, came through ; from him I ob- tained the following story, wliich he said was the rumor at Houlton, viz. " That said Baker some- time the past season, sent some lumber down St. John's river, ns usual to market, which was seized 12 at Frederickton, (whether for a violation of the rev- enue law, or for cutting from the Crown lands, was not stated) this irritated Baker very much ; soon af- ter the carrier of the Province Mail (which is car- ried in a boat,) was passing by said Baker's resi- dence, was hailed by him to know what boat that was, and was answered the Province Mail, to which Baker said, you may pass on now, but shall not pass many times more ; this conversation was re- ported down river, a Deputy Sheriff with an armed posse were proceeding up river to take Baker ; the Attorney General hearing of it, sent a dispatch af- ter them, with orders not to go armed, but proceed without; they went to Baker's House, and took him out of his bed and carried him to Frederick- ton ; about the same time, a person residing on the Aroostook River, had a writ served on him for debt ; the Officer to satisfy the demand, took possession of a cow, which was resented by the settlers gen- erally ; they rallied and rescued the cow from the Officer ; and destroyed the writ. Although the Aroostook settlement is 60 or 60 miles from Bakers, yet this transaction is made a part of the charge against him, viz. " Attempt at stopping the Mail, and exciting the people to rebellion against the Government." This is the purport of the story ; how far it is true, or otherwise, I cannot say ; at any rate the fact of Baker's being taken out of his own house, built on land for which he has received a deed from the two States, is undoubtedly true, and under a charge of 13 son)'* crime, for which he has since been tried, con- vie h and fined £150, and sentenced to six months imprisonment. The Executive of Maine has writ- ten to the Lieutenant Governor of New Brunswick, to know under what authority, or pretence, this sei zure of a citizen of Maine has been made, and has also clothed Mr. Charles S. Davies of Portland, with authority to enquire into all the circumstances. Your Excellency will undoubtedly soon have offi- cial information, touching the whole subject. My private opinion has been, and now is, that the dis- pute regarding the boundary line, will have to be finally settled by some foreign umpirage, conforma- bly to the provisions contained in the Treaty of Ghent ; if so, the sooner it is done the better, other- wise I fear the irritation of the people on the fron- tier, will result in unpleasant consequences. The settlers or squatters on the Aroostook River have al- ready left their sei Jements for fear of difficulty. In regard to the other parts of Maine, where this Com- monwealth have an interest, nothing of moment has occurred, since I last had the pleasure of addressing you, except that a quietus has been effected in the conduct of trespassers on the Penobscot, and all the suits in law have been favourably adjudged. A further survey and division has been made, embra- cing the lands around Moose-head Lake, the par- ticulars of which, you will soon be made acquainted 'vith by the Hon. Commissioners. Some of the lands now divided, I apprehend are valuable, on account of the timber, as applications to purchase are daily i I n I ^vr \ V' sent in. Where pine timber abounds, I have no hes- itation in saying, the interest of the Commonwealth will be promoted, by either selling the land, or the growth. I think the latter will yield the largest sum in the end, but if neither be sold, the value of the pme timber will be lost ; .*^ - *c^s* • ^ •k^} I am with great respect, your M? » i»n devoted and very humble servant, ' '^(signed) ' GEOl^GEVf.COTflNy Land Agent ■*. -2*:' ''U\l S: . .;:,.; -'0ij-'':^ii^-? ■--'^y :,^- ■* ''•V • , '--Lf^ ^ ' n ;,/ '--^^4'^ ■! 1 f ;-r,.; • .■^i'',*.;^^-, .. , • , •■ . ■ ■■ /•^.■- ■■ : .^ , * ■ V *■ %» i \v I '11 i^I #&, ■'■■■%'^:-: MESSAGE. •(' r a: i- . I. V' ■'-• ■ 4 ■ Gentlemen of the Senate, and , .; f j^^. House of Representatives, The Secretary is charged with laying before you a Pamphlet, recently forwarded to me by His Excellency the Governor of the State of Maine, containing copies of interesting Documents in re- lation to the subject of the North Eastern Boun- dary. ' -^^^'. ■• ■ -'■-■'^^'^- ■. ■ ;■*' LEVI LINCOLN. Council Chamber, March Ist, 1828. ^ - f/f*- ' V m 41 i; ^tate of fMXxix. ■ i- • > EXECUTIVE DEPARTMENT, ^ft Portland, Feb. 18, 1828. Sir, The accompanying Documents are transmitted in compliance with the provisions of a Resolve of the Legislature of this State. I have the honour to be. Very respectfully. Your obedient servant. v; ENOCH LINCOLN. fi'ii V: ■%•■ His Excellency, The Governor of the State of Massachusetts, Boston. « MT' m REPORT -)« 'X- OF THE JOINT SELECT COMMITTEE :^#4:. -M^i-r^l^.- oF THB Sen au ^nlr f^ouiye of lS^tis^t%%txiX^m%%^ .^.■ OF THB STATE OF MAINE, 'In BELATION TO TH4 4*. NORTH EASTERN BOUNDARY ^i». OF THE STATE. ^'.; ■ ''^V {■■.• L^ .1 t PORTLAND . Im^i " ^IHTID BT OROKR OF THB LIOISLATVBf 18^. ■f * '^f i i f '' 'is in, 111 r. . ! . ■>«' s. /.■ "-•# STATE OP MAINE. •^>, ' ^i ' ^i In Senate/ Jan. 4, 1828. Ordered, — That so much of the Communication made by the Governor to the Legislature, with the accompanying docu-^ ments as relates to the North-Eastern Boundary of this Stat^ bo referred to \;j • , * . Messrs: Megquier, Williams, and \' '• > Hathaway, With such of the House as may join, and that the Committee be authorized to cause such of the accompanying documents to be published, as in their opinion the public good requires. Read and passed, Sent down for concurrence, •^ ROBERT P. DUNLAP, President House of Representatives, Jan. 5. 1828. Read and concurred, and Messrs. Dkane, of Ellsworth, Fuller, of Augusta, Vance, of Baring, Carpenter, of Howland, , Burnham, of Unity, Were joined. JOHN RUGGLES, %aiter. M^ I •■Ilk mt. 1 •■■ -. /.. V ,) ■^■. ■■ ■ * 1 ''^^Bb /an. 4, J828. sation made by mpanying docu*' of this Stat^ bo '-'^^^l ^^ REPORT. , ' m , - ■■ ■ ■■•/■« the Committee I documents to equires. ?, President an. 5. 1838. J, SpeaJcer. The aforesaid Joint Select Committee of the Senate and House of Representatives of the State of Maine, have considered the whole subject sub- mitted to them by the aforesaid Order, to wit : All the Governor's Message which relates to the North- Eastern Boundary, which is as follows, to wit : — *' In the number of oiir resources is one so con- spicuous, that it must early attract your notice. It is that of a wild and fertile territory, embracing about six millions of acres. It is not necessary now to attempt to show how evidently it is subject to your jurisdiction, nor to speak of its distinguished natural advantages, which impart to it the capacity of sustaining some hundred thousand yeomen. Valuable, or rather invaluable, as it is, we ought without hesitation to surrender it if we cannot with justice support that claim to it which unfortunately now stands opposed under the difficulty of an inge- nuity which has endeavored to obscure the line, and an opposition, which, 1 trust, you will dispas- sionately authorize to be resisted under the limita- *■■, 1^ 'i!. i''i ill 'lii i; M I I il y w ^ tations of a cautious and prudent, yet decided policy. " The Government of the State, with the exem- plary moderation always creditable and necessary, has for years refrained from the exercise of many of its rights. It has been induced to do so, as may be inferred, from its anxious desire to accommo- date to the wishes of the federal administration, ai\d its disposition to avoid collisions, inevitably un- fortunate, in any result. At the same time, it can- not abandon its obligations, its title deeds, and its rights. It cannot allow the citizens to be incarce- rated in foreign gaols. The State would shrink most dreadfully under the shame of such a submis- sion. For the sake of being fully informed, it has for several years solicited the documents possessed by the general government in relation to this sub- ject. It is with great confidence that I urge its consideration now, inasmuch as all that has been requested has been supplied agreeably to what was understood to be the wish of the last Legislature. That invaluable mass of documents, now in the Secretary's Office, and the copies of communica- tions between myself and others contain nearly all that I can offer. The delicate nature of the sub- ject induces me to ask a particular examination in reference to publication, if that shall be proposed, yet, there is no wish on my part that what has been written by myself shall be disposed of in one way in preference to the other. On the most thought- ful revisal, I find no past deviations from my ex- *fiffTOTnif ■f. m' 21 isting sentiments, and am bound to sustain the most rigorous responsibility. ■ " Amidst the views urged, has been a ' primary one of that nature, requiring its being submitted to you for correction, if desired. It is in relation to the undefined and perhaps undefinable line of rights between States' and United States' authori- ty, along which construction is constantly urging disputed claims, and, in general, 1ms much the ad- vantage in irruptions upon the States. The Ex- ecutive of the Union has been considered as dis- posed to submit the question of the boundary of Maine, with a perfectly friendly intent, but with- out regarding her as a party, to the umpirnge of a foreign authority. The submission itwelf admits the possibility of an unjust and disastrous decis* ion. While it is not presumed to cast a shadow of suspicion on the integrity with which that au- thority may be exercised, nor upon the motives of any person whomsoever, it has, nevertheless, been deemed a suitable precaution to urge the following propositions. It cannot be arrogance which as- serts them as materials of a monument of the rights of our employers, which will become firm by time, when properly combined and cemented by your re- flections. If any feeling has been displayed on my part, it has been indulged with a view of eli- citing results which it waa believed would be sal- utary and acceptable. At the same time there has been no intention to abandon those prudential considerations entirely consistent with a free as- 1 / ;ii iHt iii' i '' i ^ ^ertioii of what it might be supposed the people, through their Representatives, would eventually ap- prove and sustain. " At the period of forming the treaty of 1783, Massachusetts and the other Colonics were inde- pendent of each other, as to territorial rights. The United States, as such, did not exist. ** Although the colonies constituted common' agents to form that treaty, the territorial rights se- cured, did not, by virtue of that instrument, accrue to the nation, but were merely acknowledged una confirmed by it to the existing individual corpora tions, according to pre-existing grants,. crcF. knds only being excepted. " When the Union of the States was framed, in that happy arrangement we are still permitted to witness, and which created a general guardianship, without extinguishing a particular independence, the compact left Massachusetts the Proprietor, as one party, in severalty of all her soil. She held it fully with undiminished interest, and has conceded her jurisdictional control only by that magnani- mous act, usually called the Separation, which re- ceived validity from the concurrence of Congress. " The Union having no right to cede the terri- tory, the treaty making power, as only a constitu- ■ent part, cannot exercise a function beyond, the grasp of the delegated powen < vt r «^^he who^" noi*, indirectly, by an umpire, di v^at u could not ac- complish without ; that is, consent to the alienation, or the possibility of an alienation of territory, which ■;:i HiiiL » . " as ■-' ■ " '^^ - ^ S' 1 will show is solemnly acknowledged through tho President, to be ours. ** It has, therefore, been believed to be due this State to advance the doctrine that the submission of its boundary, to an umpire, unknown to herself, and upon terms not confided to her consideration, will leave her at liberty to act upon the result as to the country and herself may be dictated by the most just and patriotic inclinations. Yet if it be true that the fifth article of the Treaty of Ghent has involved much of federal authority, beyond the limits which many eminent statesmen have con- tended to be the true ones, as the treaty exists, the delicacy of the case, in relation to public faith, ought to have some influence upon our assertion of our claim, although an entire concession cannot be ex- pected. It ought to be distinctly understood that there is a perfect harmony of sentiment with the federal administration in a most essential particu- lar, in regard to which the language of Mr. Clay, the Secretary of State, is calculated to be highly satisfactory. It is as follows :^ The Government of the United States is fully convinced that the right to the territory is with us and not with Great Britain, The convictions of Maine are not stronger in respect to the validity of our title, than are those which are entertained by the President." " Whatever may be the character of the proposed umpirage, it seems necessary to adopt some rule of procedure as to the duties to be discharged before its results shall bci known, and I cannot but hope /^ I'll il I'ljj I I M.lll 24 to learn from you, in some way, what measures you will consider to be proper, if such acts as that of the arrest and incarceration of Baker shall be re- peated. There will be no wish to go beyond your direction, nor to fall short of it; and, thus far, while the object has been to give no assent to injus- tice, there has been a steady view to your contem- plated consultations and probable commands. It was an arrest which the testimony seems to me to condemn ; yet it cannot but be hoped that the neighbouring government will place right the hasty acts of unthinking agents, and that we, expecting that generous conduct which springs from the cha- racter of an Englishman, should not suddenly and unnecessarily engage with him in contentions. \Yhile we were acquiescing in the abeyance of our rights, as connected only with property, the call for interposition was not imperative, but when un- authorized power was applied to the persons of our citizens along the Aroostook and in other places, it seemed proper to ascertain the facts, in order to submit them to your consideration and to that of Massachusetts and the nation, both of which will feel an interest, not only in the protection of our fellow citizens in Maine, but in the other relations of the subject. A letter was, therefore, sent to the Lieutenant Governor of New Brunswick, contain- ing a request that he would cause information of the facts relating to the arrest of Baker, to be re- turned. While in his reply he acknowledged in favourable terms, the amicable dispositiou professed 1,2 'liiiL. w by ^ni |0veniiiii»iijt, so far hb^^ob t]^e occafiion^ i% WM |Pepi6aeii|ed«^^M dediQ64;|o mdke the explana- tioM nt^iumv^kimff^^fmi t»0c^,yriih whom, be it difMiiiiv 1% mmmf>f^^^ mrn^ whimm^» half i^aiOiiL to 4^Dlm Oift kidS^^ wiMch aU liaise fi|ipeared to eonuto ij^B^piJ^e. Fmm wl^t Iftut transpired tbem if no do^bt ip my mind of tbe intention of tho fOVoniiiiMit of M^rBmnipiek to extend its jmlidictiott Mid to confirm it, if possible, o?er the vModiipBted lemtory. ** I cannot but profess to you this dispositton on my own pprt, subject to your direct^' , to offer iomo difficiulties against such a course ; but it is not to be^ doubted, that the United States' govet n- ment and that of Great Britain, will perceive, on being furnished the facts, that the government of ^w Brunswick has advanced beyond the line of tenable ground, and seems not to have listened to those recommendations of mutual forbearance, which have been rung so loud that we did not no- tice its invasions. '< Another of the objects of the mission of Mr. Daveii was to obtain the release of Mr. Baker, whoio arrest was thought to be not only cogniza- ble by the United States, but by the particular State of which he is a citizen. His confinement in the goal at Frederickton was an act of power, wbiob, considering the nature of the facts as far as >x Ijili ill illli; I! li !i •!1 iir!!!^ 26 ;■*; y developed, required early attention, and the course pursued was accordingly adopted, not, however, without a careful examination of principles and precedents. If you shall think the measure as in- volving any excess, in the exertion of State power, it would seem to he desirable not to allow it to pass without the expression of your dissent, which would be received, on my part, with the utmost respect and deference. v^ " The Minister Plenipotentiary, of his Britannic Majesty has communicated to Mr. Clay, what are called by the former * sufficient proofs of the decid- ed resolution of his Majesty's Lieutenant Governor of New Brunswick lO maintain the disputed terri- tory in the same state in which his Excellency re- ceived it after the conclusion of the treaty of Ghent. It certainly would not bo desirable to put his Majesty's Lieutenant Governor's decided reso- lution to the test on this point, but it may be im- peratively required to determine how far the treaty of Ghent and previous actual jurisdiction may sanction his authoritative approaches beyond the terms of that treaty, without a reasonable expostu- lation, not however to be followed by any unneces- sary resort to forcible resistance. ** It is not to be anticipated that the deplorable event of a war with Great Britain may not occur again. If that melancholy result of human frailty shall be produced, the situation of Maine will re- quire great resolution and activity. The concen- tration of the British forces with the view of divid- i.il!Ui» ingthe Union, by an occupation of New York, will not be attempted again, but the seaboard and the interior frontier of Maine will be the one a line of roaratime invasion, and the other of excursions and incursions according to the emergencies relating to our defence. The effort will be probably to cut off this State, or at least for this we ought to be prepared, so as not to admit any repetition here of such scenes as occurred during the last war. It would appear to be proper to solicit of the general government the erection of some strong fortresses on our interior frontier. Its own disposition and the obvious utility of works so situated, in anticipation of others where the country is better guarded, would, it may be hoped, assure to a representation of this nature, a favourable reception." ^ ;'er> The Committee aforesaid ask leave to observe, they are unable to perceive, that there is any thing uncertain in our claim, arising out of any obscurity in tiie treaty of 1783, or any of the documentary evidence, or arguments and discussions which led to the description of the boundary therein contain- ed ; nor are they informed that the government of Great Britain, or any of their negotiators ever claimed the northern part of this State as a right, but requested it as a cession ; it is therefore con- cluded, that their strong and persevering endea- vours to excite doubts, and embarrass the subject, are elicited by the zeal of their essayists, and their subordinate agents, or negotiators, who, while they recommend themselves to the mother go- / 11 f M'i ('I i r ! 'Ill vernment, as zeiibnsr, loyal sobjeetsrj and faithfiil agents, are disposed at the same time to gratify other feelings, arising from other causes, -^^^^f^^: This subject has on several occasions occupied the attention of the government of this State, and has been the subject of reports, and resolves, and all may have been done which the state of know- ledgeon that subject rendered proper, or the occasion required. The subject is now, from a variety of considerations, assuming a more interesting cha- racter. Such is the state of public inquiry, that it may be expected of this Legislature, that they will fairly and candidly spread the evidence of title, and the subject of controversy, before the people, to the end that they may see, examine, and reason for themselves, and form their own conclusions. This, however, would be deemed unnecessary, were it not the fact, that what is said, and much of the dotmmentary evidence touching the boundaries of the provinces, prior to the treaty of 1783, is in the hands, and within the reach of very few. -» " With a view therefore of spreading the evidence of our title fairly before the people of this State, and by the same means, before the people of the United States and the world ; it is proposed, to pursue generally the cronological order of events, noticing particularly, such as nave any direct rela- tion to the subject, and incidentally, such as tend chiefly to show the connection between them. The discovery of America produced an excite- ment, and a spirit of maratiine enterprize among iair';(,„ J-^' ■: .M 29 the nations of Europe. — Cabot sailed in 1487 under the orders of Henry VII. of England, and discover- ed Newfoundland, and North America, and coasted from Labrador to Florida. The spirit of discovery thus early excited in England, subsided, and was not revived for many years. The French prose- cuted voyages of discovery to North America, and as early as 1635 attempted a settlement on the St. Lawrence. From this period the voyages of the Europeans to the Northern parts of North America, were principally confined to the fisheries, and to the prosecution of a trade in furs, with the Na- tives, and it was not until 1604, that any settle- ment was commenced which became permanent. In 1603, Henry Fourth of France, granted to De Monts, all the Country in North America between the fortieth and forty-sixth degrees of North Lati- tude, by. the name of Acadie. De Monts, to se- cure to himself the benefits of his Grant, with Champlain and other adventurers, fitted out ves- sels and saiiled for America ; they first touched on the eastern coast of the grant — then sailed round Cape Sable to the bay of Fundy, touched at Port Royal, now Annapolis, at the St. John, which river they sailed up some distance, and thence followed the coast to the mouth of a river, which they af- terwards called St. Croix, where upon a small island they erected houses and defences, and es- tablished themselves for the winter. In the spring they, for some cause determined on quitting the island, and took what they could of the materiaU ill Ij II i ! i i ' Hf ^'H: ;^' \l ill I'll ^ :-;ki.:M: of the buildings, ftnd moved, and established them- selves at Port Royal, where they lived and prose- cuted the business of their settlement for several years. -^^nkm^^^^^m^m^'im^W^- In 1607 the British commenced a settlement in Virginia, which became permanent. As early as 1613, for the purpose of getting rid of their neigh- bours, who might at some future period annoy them, as well as for asserting their claim to the whole country, and appropriating it to themselves or the British government, they fitted out a small expedition under Sir Samuel Argall to dislodge the Frencii in Acadie. Sir Samuel dislodged the French at Mount Desert, destroyed all which De Monts had left on the Island where he first winter- ed, and captured the French at Port Royal. Some of the French went to Canada, and some united with the natives. The expedition was attended with no important result, further, than it probably suggested to Sir William Alexander, the idea of obtaining a grant of the Country — and therefore after companies had in England, obtained grants of various parts of North America, to which they gave their favourite names, such as Virginia and New England, he obtained a grant, which, from its relative situation to New England, or to per- pe*v:.ate the name of his native country, he called Nova Scotia.* The grant was made in 1621 by James I. and * See Appendix. ■■>f%,V4ii VJi^^^Si contfiiii^d *VaU th<^ Jands of the continent from Ci^p^%]i>|i9r thence, ^ong the coast of St. Mary's Bay), thence across the bay of Fundy to the river St. Croix, to its remotest spring head, thence by an imaginary Une -northward to the river St. Law- rence, thence by<^tl|^ shores of the river to the haven* or shore commonly called Gaspe, and thence so^thward, &.c. Sjir William seems to have engaged with some zealy and incurred great expense in fit- ting out two. vessels to take possession of and set- tle his grant ; but all his efibrts produced little or no effect, and be abandoned it, and in 1630, sold a part, or all of his grant to La Tour, a subject of France. In the year 1628 or 9, Canada and Aca- die were both captured by the British, and were ; restored in 1632 by the treaty of ^t. Germains. ^In 1652, the British fitted out an expedition and )ok possession of Penobscot, St. John, Port Roy- il, and several other places. In 1655 a treaty of Icommeice :^as entered into between the French fahd Britisl^, and the question of title to Acadie I was reierr<;^(l; tc| Commissioners. > i^ifc^-ii^s* ^In 166^ Charles II. granted to his brother the Duke of York, the country called the Duke of {York's territory, next adjoining New Scotland, and extending from the river St. Croix to Pemaquid, and up the river thereof to the furthest head of the samQ as it tendeth northward ; and extending See Appendix. Appendix 2. if"*' i HP' ■■HK f W \ i i ; ! 1! 1 Wsmt " j r ' .1 1 ■ ! r j 1 i 1 ij i^ {' ' l\ III 1 i j . i i 1 ■ ■ ; i i 1 Ii! i 1 , , 1: ^i 1': it ■(' ■ 1 ' !' ■■-V'", »*',i. ■ .; ■I » : i 1 :i! ■ if ■ ] a 1 'I ! , Ml 1 j'!:liJ 1 !■' M 1 '■ * ! . i^e t>erceived, that^tb^ piiMi^i^Qe& of 1^^ chusetts Bay wa» in thd^^iios^Mi |ift^ %eiSt by i line drawn ndH^ #ofli#e w«pt«ipi9i#6t head of the waters of the Sagadahock^to? t|)«^iii!er St. Lawrence, north by the rii% teast and sodth by the Atkmt^ ter contained a limitation in th#||iij|piiie^^ the g^antiilg power, as to aH the tract le^ * Appendix 3. *:• ^!^ ■"- 'V I i 33 , ficers, but it being so distant, and she having so many other posts, and such extent of otb*»v fron- tier to defend, and the expense being so great, which she must incur for her protection against the assaults of the French and natives, that she was not soUcitous to retain it, and in the course of a few years gave it up, and the British Government made it a separate province. In 1697, by the treaty of Ryswick, Acadie was again restored to the French. In 1702, war was again declared between France and Great Britain, and Acadie in the course of the war was again captured by the British, and was, in 1713, by the [treaty of Utrecht, ceded by the French to the iBritish by the description of Nova Scotia, other- |wise called Acadie, according to its ancient lim- its, with some reservations of islands, such as Cape Ireton and the islands in the St. Lawrence which rere not ceded. For many years Nova Scotia or lAcadie thus ceded, seems not to have engaged [much of the attention of the British Government. They did in 1719, appoint Richard PhiHips gov- ernor,* who, for want of subjects, had to select his I council from his garrison. The French inhabitants lived in a state of independence, without acknow- ledging the right or authority of the British colo- nial government ; and the object of the British seems to have been to keep possession of the country, to the end, that they might hold it, and Appendix 4. ^/^■y \hM''i\ ill'! ill I •' i s ;; I; ; - 34 ' . extinguish the claim of France. By the treaty of Aix la Chapelle in 1745, commissioners were pro- vided to be appointed, to settle the boundaries of Nova Scotia or Acadie, as ceded by the treaty of Utrecht, about the limits of which, the British and French could not agree. Col. Cornwallis was made Governor of Nova Scotia or Acadie* in 1749, and came with soldiers of the late army and others, between three and four thousand, and set- tled and built the town of Halifax. '=' ' Commissioners provided to be appointed by the treaty of Aix la Chapelle were appointed in 1750, and began and continued their discussions for some^ years, the British contending for, and endea- vouring to maintain one construction of the treaty of Utrecht, and the French another construction. The discussions were broken off by the war of 1756. The treaty of Paris, of February 10, 1763, which terminated the war of 1756, ceded both Canada and Nova Scotia lo the British in full so- ' V^reignty. At this time the power of the French became extinct, and they never made any subse- quent effort to regain it. Until this period, al- though with the British, Nova Scotia had been the subject of grants, of conquests, and cessions, they always recognised the St. Lawrence as its northern boundary, never extending their claim beyond, or stopping short of it. When Canada became a territory of Great Britain, it became necessary for * Appendix 5. ■#; A "m^^ 35 her to establish a government for it, and tiie Kin^ for that purpose, by his Proclamation of the 7th of October, 1763, among other governments, ostablish- ed the government of Qu^bec,^ bounded as fol- lows: *. t Appeiulix (). ■I- 36 from peak to peak of the highest mountains, be- tween the river St. Lawrence on the one hand, and the Atlantic Ocean on the other. The line was the high lands, What high lands P The high lands which divide the waters ; any land therefore of any elevation, whether plains or mountains, hills or dales, which are at the sources of the respec- tive rivers, flowing into the St. Lawrence and the sea, are the high lands by the proclamation in- tended, and the most apt words are used to de- scribe them. This line leaves all the waters of the Connecticut, Androscoggin, Kennebec, Penob- scot, St. John and Ristigouche, falling into the sea on one hand, and the streams flowing into the lake Memphremagog, and through it into the river St. Lawrence, the Chaudierre, the Quelle, Green, Metis, and many other rivers falling into the river St. Lawrence on the other. The line, it will be observed, pursues the northern coast of the bay of Chaleurs, and not the middle of the bay ; there cannot be any pretence therefore, that the river Ristigouche was within the meaning of this proclamation, a river flowing into the St. Lawrence, but, on the contrary, it is clearly a river falhng into the Atlantic Ocean. s . t Prior to this proclamation, the provinces of Massachusetts Bay and Nova Scotia were bound- ed north by the river St. Lawrence ; the procla- mation varied the boundary by transferring it, from the shores of the river St. Lawrence, to the sources of the rivers which emptied themselves b i'ii :s#- 'l';i I iJiilillii^lii •♦ ' i ^ T- '-'v-:i*.i into it ; and the aforesaid provinces were then bounded north by the same line, to wit, the range of land, be what it might, high or low, in which th9 rivers respectively had their sources, leaving the fivers St. John and Ristigouche partly in the province of Massachusetts Bay, and partly in the province of Nova Scotia, the sources being in the fp^er, and the mouths in the latter province. This line has not since been altered, except be- tween lake Champlain and Connecticut river, where, instead of pursuing the high lands, it was fixed to the parallel of forty-five degrees north lat- itude. • • - . ; , . . "iv:-. ^.^!,^<^'?d^^f ^The lino thus established by proclamation, has often since by the acts of the Crown and Parlia- ment of Great Britain, been recognized. October, 1763, in the commission to Montague Wilmot, re- voking the commission to a former governor, and constituting him to be Captain General and Com- mander in Chief of the Province of Nova Scotia, is the following description of boundary : " Bound- ed on the westward by a line drawn from Cape Sable across the entrance of the bay of Fundy to the mouth of the river St, Croix, by the said river to its source^ and by a line drawn north from thence to the southern boundary of our Colony of Quebec ; to the northward by the said boundary , as far as the wes- tern extremity of the bay des Chaleurs, ^c." . ^Inthe commission to William Campbell, in 1767, * Appendix 8. Appendix 9. '1 ill 'ii! ;>!! 'li^ i 'ii>;i 38 there is the same description of boundaries of the Province of Nova Scotia, and the same are again repeated in the commission to Francis Leggee in 1771. The proclamation of 1763 was farther re- cognized and confirmed by the act of Parliament of the 14th of George III. by which it is enacted, << that all the territories, islands, and countries in North America, belonging to the crown of Great Britain, bounded on the south, by a line from the bay of Chaleurs, along the highlands which divide the rivers that empty themselves into the St. Law- rence, from those which fall into the sea, to a point in forty-five degrees of northern latitude, on the eastern bank of Connecticut river."* The limits of the several provinces were the same at the time of concluding the treaty of 1783. The question may well be asked, where was the northwest angle of Nova Scotia, and the northectst angle of the province of Massachusetts Bay, be- fore the treaty ? Had Nova Scotia two northwest angles ? It has already been shown by the charter to Sir William Alexander, that the northwest an- gle of his grant was on the shore of the river St. Lawrence, and although by the charter of William and Mary, in 1691, it became a part of the pro- vince of Massachusetts Bay, when it was after- wards separated from it, its boundaries were the same as before, and its northwest angle still on the shores of the St. Lawrence. Here iihe angle * Appendix 10. ^>W ■"' romainod fixed and stationftry until 1763, when the boundcries were transferreci from the shore to the land from which the streaato feUin^ into the river St. Lawrence flowed and iad< their aource. Nova Scotia had therefore hfM ofie^^tiiorthwest angle. Here the line became fiied and permanent, and on this line* and to the ndMhward of the heads of all the itreams which dict^not flow into the river St. Lawrence, was the vnrthwest angle of Nova Scotia.* •-■ ' "#5%^ • ■':>\ ■ When the boundaries 6elireeu the provinces of Quebec and Massachusetts Bay, were thus clearly defined and limited to thatf:range of land, in which the streams falling into thA Sli Lawf enee at the northward, and the St. Johd^at the soujliwajd, and continued easterly to the head of the liayof Chal- eurs,and south westward ly to the'lieftd of Connecti- cut river ; and when the bouadnry between the pro- vinces of Nova Scotia and MasseCchusetts Bay were thus clearly defined alMl^limited to the river St. Croix, and a line drawn north from it to the aforesaid range of land, the boundary of the go- vernment of Quebec ; the repeated acts of arbi- trary power exercised by Great Britain towards the provinces comprising the thirteen United States, caused them to assert their rights ; they maintain- ed them successfully ; and to terminate the unpro- fitable struggle. Great Britain acknowledged their existence as an independent nation. When their ex- * Sec Appendix. II II! i;' '•'•I ,1 I I ! % Vl m istence as an indepeiidjetit nation was thus secured, it became necessary fof the two nations, to pre- vent new and unprofitable contests, to fix and es- tablish boundaries between themselves. This was first done in the provisiofial articles of peace con- cluded at Paris, November 30, 1782, and by the provisions of that institliBiie; t. were incorporated into, and became a part t)f the definitive treaty of Peace concluded at Parili, September 3d, 1783. The acknowledgment -^f independence, and the boundaries established, ale described as follows, to wit : — "Article IsttS His Britannic Majesty acknow- ledges the said rtfitWii States, to wit. New Hamp- shire, Massiachusettsi Rhode Island and Providence Plantations, C6nnecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North CaroliDa, South Carolina and Georgia, to be free, sovereign and independent States; and that he treats with them as siieh ; and for himself, his heirs and successors, relinquishes all claims to the go- vernment, propriety, and territorial rights of the same and every part thereof. And that all dis- putes which might arise in future on the subject of the boundaries of the said United States may be prevented, it is hereby agreed and declared that the following are and shall be their boundaries, to wit : " Article 2. From the northwest angle of Nova Scotia^ to wit, that angle which is formed by a line drawn dnc north from the source of the St. Croix 't "rh r ».<.•: • K Si. Croix 41 river to the highlands, along the said high lands which divide those rivers that empty themselves into the St. Lawrence from those which fall into the At- lantic Ocean, to the northwesternmost head of Con- necticut river, thence down along the middle of that river to the forty-fifth degree of north latitude ; from thence by a Une due west on said latitude un- til it strikes the river Iroquois or Cataraguy ; thonco along the middle of said river into Lake Ontario, t!irough the middle of said lake, until it strikes the communication by water between that lake and lake Erie ; thence along the middle of said communication into lake Erie, through the middle of said lake, ' until it arrives at the water communication between that lake and Huron ; thonco along the middle of said water communi- cation between that lake and lake Superior; thence through lake Superior, northward of the isles Royal and Philipeaux, to the long lake ; thence through the middle of said long lake, and the com- munication between it and the lake of the Woods, to the said lake of the Woods ; thence through said lake to the most northwestern point thereof; and from thence on a due west course to the river Mississippi ; thence by a line to be drawn along the middle of the said river Mississippi, until it shall intersect the northern most part of the thirty-first degroo of north latitude. South, by a line to be drawn duo east from the termination of the line last mentioned, in the latitude of thirty-one de- grees north of the equator, to the middle of the ill I i *!»> iiii f i 42 y river Apalachicola or Catahouche ; thence along the middle thereof to its junction with the Flint river; thence straight to the head of St. Mary's river ; thence down along the middle of St. Mary's river to the Atlantic Ocean. Hast by a line to be drawn ahng the middle of the river St. Croix, from its mouth in the bay ojFundy to its source, and from its source directly north, to the aforesaid high lands, which divide the rivers that fall into the Atlantic Ocean from those which fall into the river St. Lawrence, compre- hending all islands within twenty leagues of any part of the shores of the United States, and lying be- tween the lines to be drawn due east from the points where the aforesaid boundaries between No- va Scotia on the one partf and East Florida on the other, shall respectively touch the bay of Fun- dy, and the Atlantic Ocean, excepting such islands as now are, or heretofore have been within the limits of the said province of Nova Scotia." The first article describes by name, the several States composing the United States, and had the treaty stopped here without describing their boun- daries more minutely, there could have been no doubt but that all the territory embraced within the charter limits, or within the jurisdiction of Massachusetts Bay, passed by that description. Here from the use of the term Massachusetts, was an evident intention to conform to the lines as they existed before the treaty, which have been already shown, from the documents herein before cited, which arc of that clear and explicit char- '• .f ^^^u- ;,,,-:>:-■ \ 1;-;.../ 43 acter which relieves the subject from all uncer- tainty and doubt. "" : • ^ -^ But when the subject is still farther pursued and the boundaries are more minutely described, what was clear before, is still made more clear and explicit. To be more particular — The north-' west angle of Nova Scotia, after it is ascertained by the rule given in the treaty, is the point from which the northern line starts. " From the north- west angle of Nova Scotia, to wit — that angle which is formed by a line drawn due north from the source of the river St. Croix to the high lands." — Here we may ask what angle was in- tended? Was it an angle to be formed on the side line of the province, one hundred or more miles from the real and true northwest angle of Nova Scotia ? or was the real and true angle of the province, at the point where its western line intersected the line of the province of Quebec ? The true construction is too obvious to admit a doubt. It is perfectly clear from the plain and most natural and obvious const action of the lan- guage used, that by the northwc t angle of Nova Scotia was truly intended the nortii vestern extrem- ity of that province. ' •**> v. ii*/^v#i*^%*«5*^i The description then proceeds " along the said highlands which divide those rivers that empty into the river St. Lawrence from those which fall into the Atlantic Ocean." The idea that the words of the treaty require a range of mountains to form the line, is totally false and absurd. If the < < 44 l.ill^ ' 'H commissioners^ intended to describe a line pursuing the highest range of mountains between the At- lantic on the one hand, and the river St. Law- rence on the other, they would have used the terms fittest for such description, and riot have used the words which plainly and distinctly were intended to embrace any height of land, from the lowest to any other elevation, provided it did di- vide the waters falling into the river St. Lawrence, from those falling into the Atlantic Ocean. If mountains were found there, they were intended, if there were no mountains or hills, and the lands only ascended gently from the river St. Lawrence, and again descended towards the main streams falling into the Atlantic, constituting in fact a long and extended plain, from the highest parts of which the streams run northwardly and westward- ly into the river St. Lawrence, and southerly and easterly into the Atlantic — such a plain is the highland truly intended by the treaty, and the line is on that part of the plain from which the waters flow in different directions — If the lands are only high enough for the water simply to pass off in different directions, as completely and exactly cor- responds with the description in the treaty, and are the highlands truly and eminently intended by it. » . . / The treaty describes but two classes of rivers, as having any connection with this part of the boun- daries of the United States, to wit — such as flow into the river St. Lawrence and those which fall V f*""" *^ 45 into the Atlantic. Although the river St. Law- rence itself falls into the Atlantic Ocean, it is al- luded to in a peculiar manner, to distinguish it from all other rwers, and to place it and its tributary streams in opposition to theniy whether they flowed into Long Island Sound, Kennebec bay, Penobscot bay, the great Massachusetts bay, the Bay of Fun- dy, or the Bay of Chaleur — or into any other part of the Atlantic Ocean. The language of the trea- ty being thus clear and explicit, it leaves no dobut on the mind, that the highlands of the treaty which divide the waters was intended that range of lands, whether high or low, in which the tributaries of the St. Lawrence have their sources and from which they flow. To search, therelbre, for moun- tain ranges, or for the greatest height of land, be- tween the river St. Lawrence and the Atlantic Ocean, to fulfil the terms of the treaty, is absurd and preposterqus. In the latter part of the article quoted, in describing the east boundary, the des- criptive language of the first part of the article is nearly repeated. " East by a line to be drawn along the middle of the river St. Croix, from its mouth in the Bay of Fundy, to its source, and from its source directly north to the aforesaid high- lands which divide the rivers which I'all into the\ Atlantic Ocean from those which fall into the river St. Lawrence." - ^ :«^f*iv: Although, from the French having erected their crosses at the mouth of various rivers, and having «* various times given them names from that cir- ^ ., , , ) 46 cumstance, and the part of the country between the rivers St. John and Penobscot not having been early settled and seldom visited except for the pur- pose of traffic with the natives, doubts reasonably might arise as to the true river St. Croix, still, when those doubts were removed, and the river clearly ascertained, a certain point was fixed, from which the due North line was to start and nothing remained but to employ artists to survey the line and ^ erect its monuments. This seems to have been a point conceded in the treaty of amity, com- merce and navigation, concluded at London, Nov. 19, 1794, and in all the discussions under the fifth article thereof ■>i4^Httfe^-!^?-^'.v:^.-:- •--'i;v-?vw;-: r- . i:; ■' ' Upon the clear and explicit language of the trea- ty, it:self, before any inteUigent and impartial tribu- nal, the question of boundary and jurisdiction might be safely placed, with a perfect confidence in the issue. But the treaty, though definite in its descriptions, and requiring no foreign aid in its interpretation, only adopted the boundaries of provinces which had been defined, established and recognised by the crown and government of Great Britain, in their different acts from 1621 to 1776, which. will appear by a recurrence to the descrip- tive language contained in the patents, charters, proclamations, and acts of parliament, before quot- ed, and nearly in the same language. There can therefore, be no doubt, that the ministers of both governments, intended to adopt, ind did adopt in the treaty of peace, as the boundary of the Unit- ■r/i- ■ ■ift. 47 i. ed States, the boundaries between the provinces* of Quebec and Nova Scotia on the one part, and Massachusetts on the other part) which had been ^ , established by, an'' jad long been familiar to the , government of Great Britain. This construction, if any further support were necessary, is amply and fully supported by the discussions, which led to, and the manner in which the boundaries were con- cluded by the ministers who negociated the pro- visional treaty of peace. The nogociation was carried in form, with Mr. Oswald, who advised with Mr. Fitzherbert the minister to the court of Versailles, but in fact with the British Cabinet. Mr. Oswald did little or nothing more, not having authority, than to make such propositions as the British Cabinet from time to time, according to circumstances, commanded, and receive such as our ministers made, until near the close of the dis- cussion, when he was clothed with full powers. A provision in favour of the loyalists, was long and ardently urged by the British, and as ardently resisted by our ministers — the right to the fisher- . ies was urged and insisted on by our ministers, and made a Sine qua non by a part, and resisted by the British, but finally adopted, both of which topics occupied much time. The fixing and defining the boundaries of the United States also occupied much time, and no part or portion of it was so dili- gently examined and discussed, as the eastern and northern boundaries of the present State of Maine. The British in the first place insisted upon Pisca- 48 I ! Ill !|i ::'iHilii( ii ll^iii taqua river as the eastern limit of the United States, then retreated to the Kennebec, and as a last re- sort would consent to go as far as the Penobscot. During this, as during the other parts of the dis- cussion, messengers were continually crossing and recrossing the channel ; among the messengers and aids to the British, the ancient clerk of the board of trade and plantations appeared with volumes of records from that department, from which he read whatever there was which tended to show, the District of Maine or any part of it, was not before that time within the jurisdiction of Massachusetts bay. The American ministers in their turn pro- duced sundry acts of the colonial government of Massachusetts bay, showing the jurisdiction which had been exercised by her, the report of the attor- ney and solicitor generals who had upon the matter being reft ""red to them, decided upon the sundry- petitions, applications, and claims made for all the country between the Sagadahoc, (Kennebec,) and St. Croix, and their decision, after examining all ' the evidence was against them, and in favour of the jurisdiction of Massachusetts bay. Also Go- vernor Hutchinson's report wherein theN-ight of Massachueetts bay is discussed, and a volume of the doings of the Commissioners at Paris. When the British insisted upon limiting the United States to the Piscataqua, the Kennebec, or the Penobscot, the ministers of the United States, or some of them insisted upon going to the St. ^'>hn, but finally agreed to adhere to the charter 49 of Massachusetts bay. That they did do that, most manifestly appears from a comparison of the treaty with the patents, charters, proclamations and acts of parliament herein before quoted. . t. . ..,^! .^ JX'hat it was the intention of the commissioners to adopt the boundaries between the provinces of Quebec and Nova Scotia on the one part, and Massachusetts bay on the other part, was expressly conceded and admitted on the part of the British in the discussions under the fifth article of the treaty of 1794. It even, if possible, was more than admitted, it is one if not the chief basis of the whole argument, and was enforced with great abihty. tSm^i'^i: if:ii^i.;t V'Kii .;fc»;'.'^,^ .L^',-,-*!,! A *(-:'l«. •■U.i 1^-fiAi The British agent in his memorial of claim says ''by the said 2d article herein before citod^* of the treaty of peace, it appears to be clearly in- tended, that no part of the province of Nova Scotia should be thereby ceded by his said Majesty to the said United States. But that the same pro- vince of Nova Scotia, according to its ancient and former Umits, should be and remain a part of the territory of his said Majesty, as his said Majesty then and before that time had held and possessed the same*" Again in his argument he says, *^ to facilitate the investigation of the present question there appears to be one leading principle that ap^ pears to be explicitly established by the very terms of the treaty of peace, and which might indeed be fairly considered as ap axiom in the present discussion, to wit — That it was clearly intended by the second 7 I 1 II Ji! li I :;i; i i: "' 'Li ■ ' r [i ji : ;, . 1 1 f u i ■! i !i 1 ; \ ■ 1 ^ i' ■ 1 - 60 article of the treati^ that no part of the province of Nova Scotia should be thereby ceded by his Majesty 4o ike United States. The words made use of in that article will not admit of a different construction, the United States being expressly bounded east by tbe eastern boundaries of the province of Nova Scotia^ The description of the treaty ttt thk ptitt of the boundaries d[ the Unifted Ststted is ai fol- lows: From^the northwest angle of Nova Seo^isr to wit, that ftngle whie^hl is formed by A line di'awii' due north from the goutce of thei St. Croijt to the highlands which divide those rivers that empty themselves into the St. Lawrence froiln' those which fall into the Atlantic Ocean." Now if the lioyth- west angle of Nova Scotiay agreeable' to these clear and express' words df the treaty, i^ formed by s^lf a north line from the source of th«^ St. Ci^oiji: t& iiw highlands, that north line aind those hifghland^ liiiiisll bid the woBtefn and northern boundary of }4ova Scotia." •? '^••■':-' ' ' ^': -■."-<•• --...v.^ v-^- V,.,.... .4^;,^ An^ thB British agent in pursui«»g his arguiMttt ftitther, says, thaitby the treaty of 176^y <^^11 the French possessions upon the continent of Noiftb America were ceded to Great Brita^; the pr6- vikice of Quebec was creaited aind estaMi^hed by Ihe royal prockm^tion- of the 7th of October of thait y«ar, bounded on the south by tl^ highknda which divi^ the rivei^s that empty themselves info* the river St. LawreM^id from those which fiiill iiVIo the Sea &r Atlantic Ocean, thereby altering th6' northern bornidarry of the province of Nova Scotia Uiiii'jiil^., , r.Jf i- from the fiouthern shores of the river St. Lawrence to those highlands, there being no longer any ap- prehension of disturbance from the French, it now became necessary for the settlement of the country that had been in dispute between the two nations to ascertain the boundary line between the pro- vinces of Nova Scotia and Massachusetts Bay." * Having quoted in the preceding pages the main documents on which our title rests, there will not, in the sequel, be a necessity for any thing more than general allusions. By a recurrence to the history of that time, it will be seen that the treaties were opposed in the British parliament, but they were opposed by those who had lately been in power, and opposition to the ministry seems to have constituted the leading objection ; so far as the treaty with the United States came in question the objections raised were on account of there being no provision in favour of the loyalists, and the right to the fisheries being secured to the United StB les, but there was no objection to it on account of the boundaries therein prescribed to the eastern part of the United States. U the boun- daries had not been such as were well known and familiar from their own records, the variance wouM have produced scrutiny, and if any objection could have been raised against it on that account, it would have been brought forward to increase and enforce their other objections. .' > «?' ^ When the river St. Croix had been consecrated by De Monts in 1604, and by its being the first V II llli P 'III ii:ll III I! I]l; ^ 52 resting place of Europeans, who became perma- nent settlers in the northern p^rts of North Ame- rica ; and when, from that circumstance, and from the expedition of Sir Samuel Argall, its name found its way across the Atlantic, yet from the imperfect geographical knowledge at that time, the position of it could not have been known to the Europeans, and when, in the prosecution of the settlement of the country, other places became more alluring, and the river St. Croix and the country on its bor- ders did not become the scite of any settlement or military post, and the natives were there, left to pur- sue their fisheries and the chase without molestation, and when, also, many other rivers on the coast were afterwards des>ignated by the same name, and when all the maps prior to the American Revolution were imperfect, it is not wonderful that doubts and serioufl doubts arose as to which river was intended as the boundary between the province of Massachusetts bay and the province of Nova Scotia. Hence, as the river St. Croix was a part of the boundary ^ 3- tween the provinces, when the settlements on the coast began to approach each other, it became 'necessary to ascertain the river truly intended, to prevent collision and the conflict of jurisdiction. Before the American Revolution, and as early as tlie year 1764, it had become the object of the serious research and investigation of the respective provinces. From the researches of the agents of the province of Massachusetts bay, made on the spot, from the concurrent information of all the sT Z' 53 natives, and from all the maps in their possession, they wore convinced that the river Magaguadavic was the river St. Croix, such was the tradition, and such was the conclusion, mm^-^mi^n^i-y^-i'iifm^ It generally was considered and believed in the prdvince of Massachusetts bay, that is was bounded east by the river Magaguadavic and by a line drawn due nortli from its source to the highlands which divide the rivers that empty themselves into the St. Lawrence from those which fall into the sea, or in other woras, by a line drawn due north from the source of the said Magaguadavic river to the southern line of the province of Quebec, which had, by proclamation, been created the preceding year. The province of Nova Scotia on the other hand, believed, that the province extended west- ward to the river Schoodic, and was bounded west by the east line of the province of Massachusetts bay, and north by the aforesaid south hue of the province of Quebec. Impressed with such a be- lief, the Governor of Nova Scotia, as the settle- ments extended westward, and individuals wished for grants of land made them, and from the year 1765 to 1774, made sundry grants of land, lying between the Magaguadavic and the Schoodic llivcrs. Such were the different opinioni^^ entertained at the commencement of the revolution, anil such they con- tinued to be, when the provisional treaty and the trea- ty of pence were concluded. When the provinces wore cut asunder, and ceased to be under the /^\ mm liiiiiiii H' ?l i 'i;i '■!'ii|!l 54 eontrol of the same general sovereignty, and after the close of the war, the loyalists siettled on the Aastera banks of the Schoodic^ and extended their settlements between that, and the Magaguadtivr^ fivers, under the grants of the province of Nova Scotia or the crown ; the attention of Massacliu- setts was aroused, and called distinctly to the sub- ject, and the government, July 7, 1784, passed a ^< Resolve for appointing Agents to the eastern part of this State, to inform themselves of encroach- ments made by the British subjects ; and instruct- ing them how to proceed. The Agents were ap- pointed, repaired to the place where the dispute existed, viewed the rivers, and made all such other enquiries as were within their power, and became convinced that the river Magaguadavic was the river St. Croix, of the treaty of 1783. In answer to enquiries made by the Lieutenant Governor of Massachusetts, dated Autevil, near Paris, October 25, 1784, the late John Adams, one of the negotia- tors of the provisional, and the treaty of peace, says "We had before us, through the whole negoti- ation, a variety of maps, but it was Mitchell's map upon which was marked out the whole boundary line of the United States ^ and the river St. Croix, which was fixed on was, upon that map, the near- est to the St. Johns, so that in all equity, good con- science and honour, the river next to the St John's, should be the boundary. I am glad the General Court are taking early measures and hope they will pursue them steadily until the point is settled, tS ik H*' it- wbieh it may be now amicably ; if &eglect\ed lo^^ it may be more difficult. '' Massachu^ettd became confirmed in her claim, as heif inquiries and re^ searches were extended. She pressed her clauaa? upon the consideration of QoHgres^^ and upon til< consideration of the governors of Nova Scotia aA< New-Brunswick.r Representations were made Ibf Congress to thegovernment of Great Britain, tbrougiil the minister of the United States. v f>ir*^.. i The different parties so far from settling tfee' difficulties, probably became more and more con-> firmed in thei;* different opinions. After the orga-» nization of the government of the United States' under the constitution, by a resolve passed Feb.- 1, 1790, it was " Resolved, that his Jfcxcllency the' >vernor he^ artd he hereby is requested to WriW -o the President of the United States, in behalf of this Conimonwealth, informing him that the sub-- jeots of his Britannic Majesty have made, and still continue to make encroachments or the Eastern Boundary of this Commonweakh, in the opinion of the Legislature cqntrary to the treaty of peace ; and that his Excellency be requested to forward^ such documents as may be necessary to substan- tiate the facts." Thiis Massachusetts called on the government of the United States, to protect them in the possession of their territory. .>'^M The doubts wliich had arisen, extended no far- ther than to what river was intended by the river St. Croix in the treaty of 1783; the treaty only de- scribing it by its name, nor could they, for when 'I!! il i!'! ili; y ,'!« \M,li Hf ',1' l!!!i iiiii mm 'ii .niil ^ 56 that was settled the rule was clearly and distinctly gwen for finding the northwest angle of Nova Scctia. That is clearly implied in the first part of Jjf the fifth article of the treaty of 1794 , for it says, "Whereas doubts have arisen what river was truly in- tended under the name of the river St. Croix, men- tioned in the said treaty of peace, and forming a part of the boundary therein described, that ques- tion shall be referred to the final decision of com- missioners." The same article made it the duty of the Commissioners, *'by a declaration under their hands and seals, to decide what river was the river St. Croix intended by the treaty, and fur- ther to describe the river and to particularize the latitude and longitude of its mouth and its source. If any other doubts could have existed, or if the residue of the line could not have been ascertain- ed by a survey, or if it had not been considered that ascertaining the river St. Croix settled the whole dispute, and if such were not the convic- tions of the contracting parties, it is not unreason- able to suppose, that further provisions would have been introduced into the treaty. It was contended by the agent of the United States before the Commissioners, that the river Magaguadavic was the river St. Croix truly in- tended by the treatv of 1783, and he founded his claims and argumci .. on many depositions of the natives, anrl of the persons who first settled in that part of the country, on the examination and re- I 57 ports of agents on the letters and testimony of several other persons and on sundry maps. It was contended by the agent for his Britannic Majesty, that the river Scoudiac was the river St. Croix truly intended by the treaty of 1783, and he founded his argument on the grant to Sir William Alexander, Les Carbot and Champlains histories of the voyages of De Monts, and their description of the country, the commissions to Governors of Nova Scotia, from 1719 to 1771, the proclamation of 1763, and two acts of parliament of the four- teenth of George Third, and sundry maps* and depositions. His argument and the facts and doc- uments upon which he founded it, clearly admits and demonstrates, that the only uncertainty was, a"S to what river was intended by the river St. Croix, and that from the source of the river which the commissioners should decide and designate ac- cording to the treaty of 1794, the eastern bounda- ry line of the United States and the western boun- dary of the province of Nova Scotia must com- mence and continue due north to the highlands, to wit : the highlands between the river St. Law- rence and the Kestigouche or the St. John, ac- cording as the source should be fixed further east or further west. He expressly admits that the line due north from the St. Croix will, in any event, cross the river St. John to the highlands, between See Appendix, 8 58 that, and the river St. Lawrence, to wit : the lands which divide the streams which flow into the St. Lawrence from those which fall into the Atlan- tic* The discussion was closed in 1798, and the time had not then arrived, when from " cupidity, ^^ or a desire to establish a line from which they could attack the United States in the rear, while their navy should attack them on the sea board, when they were determined to acquire by effrontery or sophistry the territory, which they had sought iu vain as a cession. 'm-r''''^u'^ '-- ^- •'■:-- ■ * - K+^>r».- rP The Commissioners on the 25th of October, 1798, made the declaration under their hands and seals, deciding what, and describing the river also, which was truly intended by the river St. Croix, in the treaty of 1783.t Prior, however, to their mak- ing their final declaration, they had agreed, and were about making it the final declaration, that the river Schoodic, Irom its mouth at Joes Point to the lake Genesagranagum-sis, now called the round lake, being the lowest of the western Schoo- dic lakes, was the river St. Croix of the treaty ; whiqh declaration they did not make, but by the agreement or donhunt of the agents of the United States and Great Britain, and the advice of the British Minister.! They adopted the branch cal- led the Cheputnetecook, to its source, as a part of the rit^cr which they were to decide and desig- Appendix 11. t Appendix 12. I Appendix 13. ^^ ^^ r ..:*' 69 rain as a nate. If the British government gained no advan- tage in the decision of the commissioners, as, from the evidence submitted, the Commissioners might well have decided that the Magaguadavic was the river St. Croix intended by the treaty, they did in fact gain a most decided and important advantage in the adoption of the source of the Cheputnete^ cook, instead of the source of the other branch of the Scoodic Hver, where it issues from the lake Genesagranagum-sis being the first lake on the western branch of Schoodic, above its junction with the Cheputnetecook. By an inspection of the map, it will appear that the British have gain- ed a tract of land, by a change of the declaration of the commissioners, as to the source of the river St. Croix, of more than one hundred and forty miles in length, by more than ten miles in breadth. These facts are not natned, because there is any disposition, on our part, to violate the good faith pledged ih the treaty, and the decision which was thus amicably made. The British, if they be, as they declare themselves to be, " a great, honoura- ble, and magnanimous nation," ought equally to abide the decision and its consequences, in good faith, more especially as they gained so much by the result. Here every real doubt or difficulty of any importance was settled and removed ; and nothing remained but to run and mark the line, and erect its monuments. Trifling difiereuces in surveying the line, might occur, arising from the \ \ !i|ii!!if]l ';j!V ifm' 60 ' 1 !i!i; ■II :il .1? variation of the needle, and from the pecuUar situation of the land on the line of the govern- ment of Quebec, at the northwest angle of No- va Scotia, one of which would tend to change tLj longitude, and the other the latitude, pos- sibly a mile ; but not in any instance to a dis- tance of any importance^ to either government Some trifling differences might also arise in sur- veying the line between the government of Que- bec and Massachusetts, in running the line south- westerly from tbv^ northwest angle of Nova Scotia, as to the precise points which divide the waters, and the lines which should connect those points ; but all such differences are within a very narrow compass. That the only subject of doubt or dif' ficulty of any importance was what river was truly intended by the river St. Croix^ is not only con- ceded by the treaty of 1794, but is demonstrated by the documentary evidence produced by the Agent of his Britannic Majesty, to wit, the pa- tents, charters, proclamations, and acts of Parlia- raentf and his arguments founded upon these do- cuments; his argument being, in fact, founcad upon this plain and simple proposition, that the lines described by the treaty of 1783, were, and were intended to be the lines which had before been established, between the province of Massa- chusetts Bay, on the one hand, and the provinces of Quebec and I^ova Scotia on the other.* Appendix 11. When the subject is again recurred to by the respective governments, it is not treated as a sub- ject involving any thing more than possible difficul- ties of trifling importance. Hence in & conven- tion between his Britannic Majesty and the United States, which was dated the 12.tn day of •May, 1803, but which was not ratified by the' United States, instead of reciting, that whereas doubts have arisen, &c. as in the treaty of 1794, says, " WLereas it has become expedient that the north- west angle of Nova Scotia, mentioned and de- scribed in the treaty of peace between his Majes- ty aniLthe United States, should be ascertained and determined, and that the line between the pource of the river St. Croix, and the said north- west angle of Nova Sbotia, should be run and marked, according to the provisions of the said treaty of peace." And again, when the subject is recurred to, in a paper delivered to Lord Harrow- - by, September 6th, 1804, the following language is used: " By the treaty of 1783, between the Uni- ted States and Great Britain, the boundary be- tween those States and Nova Scotia and Canada, is fixed by a line, which is to run along the high- lands bounding the southern waters of the St. Lawrence." The same subject is once more re- curred to by our Ministers at the Court of St. James, in April, 1807, and the same language is used in a proposed article on the same subject, as was used in the unratified convention of 1803, be- fore recited. m iiiiii 62 The subject is not again recurred to between the respective governments until 1814, in the cor- respondence which preceded, and in the fifth ar- ticle of the Treaty of Ghent. In order to arrive at a full and perfect knowledge of the facts, to the end that the just and true interpretation of the fifth article of the Treaty of Ghent may more ful- ly appear, a particular examination of the corres- pondence which preceded it, between the minis- ters of the respective governments of the United States and Great Britain, connected with the great chain of evidence of title, and implied, and direct, and positive concessions of the British, is deemed important. The correspondence touching the sub- ject in discussion is as follows. :- - In the protocol made by the American Commis^ sioners of the two first conferences held with the British Commissioners, the third point presented by the Commissioners on the part of the British as subjects of discussion is, " the revision of the boun- dary line between the territories of the United States and those of Great Britain adjoining them in North America."* In the protocol of conference of August 8, 1814, among the subjects stated for discussion by the British Commissioners, the third is " A revision of the boundary line between the British and Amer- ican territories with a view to prevent future un- certainty and dispute."! * State papers, vol. 9, page 327. t lb. 330. I ■■ *■ • ( 63 ' ". t In a letter dated Ghent, August 12, 18H, from the American Commissioners to the Secretary of State.* The British Commissioners stated three subjects as those upon which it appeared to them that the discussions would be likely to turn, and on which they were instructed. The third subject stated is " A revision of the boundary line between the United States and the adjacent British Colo- nies." With respect to this point, they expressly disclaimed any intention on the part of their go- vernment, to acquire an increase of territory, and represented the proposed revision as intended merely for the purpose of preventing uncertainty and dispute. In a letter dated Ghent, August 19, 1814, from the American Commissioners to the Secretary of State, the third subject stated by the British Commissioners is " A direct communica- tion from Halifax and the province of New-Bruns- wick to Quebec to be secured to Great Britain. In answer to our question, in what manner this was to be effected ? we were told, that it must be done by a cession to Great Britain of that portion of the District of Maine, (in the State of Massa- chusetts) which intervenes between New-Bruns- wick and Quebec, and prevents their direct com- municati.on."t ' - • - In a note of the British Commissioners dated Ghent, August 19, 1814, they say, "as they are » State Papers, vol. 9, page 320. t lb. 332. / 64 Wm lillli III h% i \'t '\ ill,: r" I II % ' i i iiii'i fflili desirous of stating every point in connexion with the subject, which may reasonably influence the decision of the American plenipotentiaries in the exercise of their discretion, they avail themselves of this opportunity to repeat what they have al- ready stated, that Great Britain desires the revision of the frontier between her North American domin- ions 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 pre- venting future disputes.^''* Then follows a proposition that the military possession of the lakes shall be left in the hands of the British ; then the note proceeds, *' if this can be adjusted, there will then remain for discussion the arrangement of the northwestern boundary between lake Superior and the Mississippi, the free naviga- tion of that river, and such a variation of the line of frontier as may secure a direct communication be- tween Quebec and Halifax. ' : ^v, ;• ; In a letter dated Ghent, August 24, 1814, from the American to the British Commissioners, they say—" The undersigned further perceive, that un- der the alledged purpose of opening a direct com- munication between two of the British provinces in America, the British government require a ces- sion of territory forming a part of one of the States of the American Union, and that they propose, with- out purpose specifically alleged, to draw the boun- * State Papers, vol. 9, page 389. 66 dary line westward, not from the Lake of the Woods, as it now is, but from Lake Superior. It must be perfectly immaterial to the United States, whether the object of the British Government in demanding the dismemberment of the United States, is to acquire territory as such, or for pur- posea less liable in the eyes of the world, to be ascribed to the desire of aggrandizement. What- ever the motive may be, and with whatever con- sistency views of conquest may be disclaimed, while demanding for herself or foi* the Indians, a cession of territory more extensive than the whole island of Great Britain, the duty Lmrkec^ out for the undersigned is the same. They have no au thority to cede any part of the territory of the Uni- ted States ; and to no stipulation to that eject will they auhscrihey* , > In a letter dated Ghent, September 4, 1814, from the British to the American Commissioners, they say, " With respect to the boundary of the Dis- trict of Maine, and that of the northwestern fron- tier of the United States, the undersigned were not prepared to anticipate tha objections contain- ed in the note of the Americp*^ Plenipotentiaries, that they were instructed to trc m, for the revision of their boundary lines, with the statement which they have subsequently made, that they had no au- thority to cede any part however insignificant of the territories of the United States, although the pro- 9 State Papers, vol. 9, p. 381. 66 I ' ; I- lililfi'i posal left it openftjf them to demand an equivalent for such cession in territory or otherwise. "The American plenipotentiaries must be aware that the boundary of the District of Maine has never been correctly ascertained ; that the one as- serted at present by the American Government, by which the direct communication between Halifax end Quebec becomes interrupted, was not in con- templation of tlie British Plenipotentiaries who con- cluded the treaty of 1783, and that the greater part of the territory in question is actually unoccupied. The undersigned are persuaded that an arrange- ment on this? point might be easily made, if en- tered into with the spirit of conciliation, without any prejudice to the interests of the district in ques- tion. As the necessity for fixing some boundary for the northwestern frontier has been mutually ac- knowledged, a proposal for a discussion on that sub- ject cannot be considered as a demand for a ces- sion of territory, unless the United States are pre- pared to a»3ert, there is no limit to their territo- ries in that direction, and that availing themselves of the geographical error upon which that part of the treaty Ci" 1783 was founded, they will ac- knowledge no boundary whatever, then, unques' tionably, any proposition to fix one, be it what it may, must be considered as demanding a large ces- sion of territory from the United States."* In a letter dated Ghent, September 9, 1814, from State Faperp, rbl. 9, page '381. i; nil- 67 the American to the British Commissioners, the American Commissioners say, — "With regard to thd cession of a part of the District of Maine, as to which the British plenipotentiaries are unable to reconcile the objections made by the undersigned, with their previous declarations, they have the honour to observe, that at the conference ot the Hth ult. the British plenipotentiaries stated, as one of the subjects suitable for discussion, a revision of the boundary line between the i^ritish and Ameri- can territories, with a view to prevent uncertainty and dispute: nnd that it was on the point thus stated, that the unders:igned declared that they were provided with instructions from their govern- ment ; a declaration which did not imply that they were instructed to make any cession of terri- tory in any quarter, or to agree to a revision of the line, or to any exchange of territory where no un- certainty or dispute existed. "The undersigned perceive no uncertainty or matter of doubt in the treaty of 1783, with respect to that part of the boundary of the District of Maine which would be affected by the proposal of Groat Britain on that subject. They never have understood that the British plenipotentiaries who signed that treaty had contenolated a boundary diti'erent from that fixed by the treaty and which requires nothing more, in order to be definitely ascertained, than to be surveyed in conformity with its provisions. This subject not having been a matter of uncertainty or dispute^ the undersigned fe<*' 68 :i..i„.r!. I li. I are not instructed upon it ; and they can have no authority to cede any part of the State of Massachu- setts, even for what the British Government might consider a fair equivalent. ^^* In a letter dated Ghent, September 19, 1814, from the BritiBh to the American Commissioners, they say, — " With respect to the boundary of the District of Maine, the undersigned observe with regret, that although the American plenipotentia- ries have acknowledged themselves to be instruct- ed to discuss a revision of the boundary line, with a view to prevent uncertainty and dispute, yet by assuming an exclusive right at once to decide what is or is not a subject of uncertainty and dispute^ they have rendered their powers nugatory or inadmissibly partial in their operation.^^i In a letter dated Ghent, September 26, 1814, from the American to the British Commissioners, they say, "The undersigned are far from assuming the exclusive right to docoo, what is, or what is not a subject of uncertainty or dispute, with regard to the boundary of the District of Maine. But until the British Plenipotentiaries shall have shown in what respect the part of that boundary which would be effected by their proposal, is such a subject, the undersigned may be permitted to assert that it is not.^^ '^he treaty of 1 783 described the boundary as **a line to be drawn along the middle of the river St. Croix from its mouth in the Bay of Fundy, to its • State papers, vol. 9, p 3«>8 + P. 400. 69 source, and from its source directly north to the highlands which divide the rivers that fall into the Atlantic Ocean from those which fall into the river St. Lawrence, and thence along the said highlands to the northwesternmost head of Connecticut river." a Doubts having arisen as to the St. Croix desig- nated in the treaty of 1783, a provision was made in that of 1794 for ascertaining it; and it may be fairly inferred, from the limitation of the article to that solo object, that, even in the judgment of Great Britain, no other subject of controversy ex- isted in relation to the extension of the boundary line from the source of that river. That river and its source having been accordingly ascertained the under::igned are prepared to propose the ap- pointment of commissioners by the two governments^ to extend the line to tho highlands, conformably to the treaty of 1783. The proposal, however, of the British Plenipotentiaries was not to ascertain, but to vary those lines in such a manner as to secure a direct communication between Quebec and Halifax ; an alteration which could not be effected without a cession by the United States to Great Britain of all that portion of the State of Massachusetts inter- vening between the province of New Brunswick and Quebec, although unquestionably included within the boundary lines fixed by that treaty. Whether it was contemplated on the part of Great Britain to obtain a cession with, or without an equivalent in frontier or otherwise, the undersigned in stating that they were not instructed, or autho- .;;H' fi ■ 70 rized to treat on the subject of cesstorty have not declined to discuss any matter of uncertainty or dis- putCf which the British Plenipotentiaries may point out to exist, respfecting the boundaries irA that or any other quarter, and are, therefore, not liable to the imputation of having rendered their powers on the subject nugatory or inadmissibly partial in their operation."* ' -^^ In a letter dated Client, October 8, 1814, from the British to the American Commissioners, they say, " The British government never required that all that portion of Massachusetts intervening be- tween the province of New Brunswick and Que- bec, should be ceded to Great Britain, but only that small portion of unsettled country which inter- rupts the commuiiication between Halifax and Quebec, (there being much doubt whether it does not already belong to Great Britain.")t In the letter dated Ghent, Oct. 21, 1814, from the British to the American Commissioners, they say, "On the question of boundary between the dominions of his Majesty and those of the United States, the undersigned are led to expect, from the discussion which this subject has alreatjy undergone, that the northwestern boundary from ^he lake of tho Woods to the Mississippi, (the intended arrangement of 1803,) will be admitted without objection. "In regard to other boundaries the American Plenipotentiaries, in their note of August 24, ap- * State paperB, vol. 9, page 405. f lb. p. 415. 71 peared in some measure to object to the proposi- tion then made by the undersigned, as not bemg on the basis of uti possidetis. The undersigned arc willing to treat oh that basis, subject to such modifications as mutual convenience may be found to require ; and they trust that the American Plen- ipotentiaries will shew, by their ready acceptance of this basis, that they duly appreciate the mode- ration of his Majesty's government, in so far con- sulting the honor and fair pretensions of the Uni- ted States as, in the relative situation of the two countries to authorize such a proposition."* In a letter dated Ghent, October 24, 1814, from the American to the British Commissioners they say, ^< Amongst the general observations which the undersigned in their note of Aug. 24th, made on the propositions then brought forward on the part of the British government, they remarked, that those propositions were neither founded on the ba- sis of Mti possidetis, nor that of status ante helium. But so far were they from suggesting the uti possi- detis as the basis on which they were disposed to treat, that in the same note they expressly stated, that they had been instructed to conclude a peace on the principle of both parties restoring whatever territory they might have taken. liiC undersign- ed also declared in that note, that they had no au- thority to cede any part of the territory of the Uni- ted States, and that to no stipulation to that effect * State Papeid, vol. 9, 427. i ' .i f:%\ iPr;,, ; n would iKey subscribe : and in the note of the 9th of September, after having shewn that the basis of uti possidetis^ such as it was known to exist at the commencement of the negotiatioiTj gave no claim to his Britannic Majesty to cessions of territory, founded upon the right of conqvic 3t, they oiided that even if the chances of wrr shoiili g'/e to \he British arms a mcmentary posse«,^ion of other parts of the territory of the United States, such events would not alter their views with regard to *he terms of peace to whicli they would give their consent. ** I'he undersigned can on)y now repeat those dcf:l'^xatior.,^j and decline treating upon the basis of ytj possidetis, or upon any other principle involving n (fssiop of any part of the territory of the United Slates f as they have uniformly stated, they can only treat upon the principle of a mutual restoration of whatever territory may have been taken by either party. From this principle they cannot recede, and the undersigned, after the repeated declara- tions of the British Plenipotentiaries, that Great Britain had no view to the acquisition of territory in this negotiation, deem it necessary to add, that the utility of its continuance depends on their ad- herence to this principle."* In a letter dated Ghent, October 25, 1814, from the American Commissioners to the Secretary of State, they, after stating that an article had been * State Papcrj*, rol. P i.J8. 18 reduced to writing, securing merely an Indian pa- cification, had' been agreed to be accepted, sub- ject to the ratification or rejection of the govern- ment of the United States, say, " But will perceive that our request for the exchange of a project of a treaty has been eluded, and that in their last note, the British Plenipotentiaries have advanced a demand, not only new and inadmissible, but totally incompatible with their uniform previous declarations, that Great Britain had no view in thi^ negotiation to any acquisition of territory. It will be perceived, that this new pretension was brought forward immediately after the accounts had been received, that a British force had taken possession of all that part of the State of Massachusetts sit- uated east of Penobscot river."* It having been shewn, in the first part of this report, what the lines between Massachusetts and Nova Scotia, and Massachusetts and the province of Quebec, as formed and established by the go- vernment were, prior to the provisional treaty, and the definitive treaty of peace of 1783, and the investigation which took place, and the care and diligence with which the subject was examined, by the commissioners of both governments, and the cabinet of Great Britain, and that it was the in- tention of both governments, to adopt the lines above mentioned, as a part of the boundary of ^he TToi*ed St.^tes, and that the treaty itself, in de- * State Papers, vol. 9, p. 375. 10 74 h •■■ ( i' ■n\m ■ h dcribing the boundary, contains almost the precise language which the British had often used in re- lation to the same lines ; it having also been shewn that the only difficulty in relation to the line arose from the uncertainty as to what river was truly in- tended by the river St. Croix, and which uncer- tainty arose from facts and circumstances which existed long before, and at the time of concluding the treaties, and which were not removed by the treaty, in consequence of the river St. Croix not being designated with any more particularity, than it was before, in the patents, charters, acts of Parliament, and documents, in which it had been mentioned ; and also, that in the discussions on the subject betweeij the governments of the United States and Great Britain, it bad been admitted, more especially by the agent for the latter that let the Commissioners designate what river they would as the river St. Croix, truly intended by the treaty of peace, from the source of that river the line run due north to the highlands, the southern hue of the government of Quebec, and the northern line of Massachusetts, and the province of Nova Scotia, and in any event even, jf they adopted the most western point, which he described as the head of the river St. Croix, the line running north, must cross the river St. John to the highlands di- viding the waters which fall into that river, from those which fall into the river St. Lawrence.* • Appendix 11. t 7B It also having been further shown, that :!{ since 1798, when the river St. Croix was designatW by the Commissioners under the treaty of 1794, from all the correspondence and treaties, which had been formed or proposed * o be formed by the Com^ missioners of the two governments the right of the United States had not been considered any way doubtful, and the whole object of the arrange- ments thus attempted to be made had been limited to surveying and marking the line. With a recurrence to these facts and circum- stances, a more particular attention to the corres- pondence which preceded the treaty of Ghent, which is herein before quoted, to the end that the true intent and meaning of the contracting parties in the fifth article of that treaty may be more clearly ascertained and better understood, is not deemed unimportant. The British Commissioijors ask a revisioi; of the Boundary line between the United States and die adjacent British Colonies, disclaiming expressly tt the same time, any disposition to acquire an in- crease of territory, and limiting their proposition to the simple fact, of so ascertaining the line as to prevent uncertainty and dispute. Such was their lirst proposition ; but as the conferences progress- ed, they in some measure varied their proi ^^iiion, and instead of asking simply a revision of the line, to prevent uncertainty and dispute, they ask a di- rect communicition from Halifax and the province o^ New-Brunsv/n^k to Quebec ; and when they are ;^^l 76 requested to explain, explicitly declare that it mui3t be done by a cession of that portion of the District of Maine which intervenes between New-Brunswick and Quebec and prevents a direct communication. Ho»x tinoy clearly and distinctly ask the territo- ry ci8 a session, thereby conceding the title is not in them, which the subordinate agents since ap- pointed, have had the ingenuity to claim as a right. The American ('om'Tiissioners most clearly and explicitly deny any authority on their part, to cede any portion of the territory asked of them, wheth- er to secure the right of passage between their different provinces or otherwise, and the denial is repeated as often as the subject recurs in the con- ferencef- or correspondence. The British Commissioners, in giving a con- struction to their own proposition for securing a direct communication between New ij runswick and Quebec, say " their proposal left it open to the American Commissioners, to demand an equivalent for such cession in territory or otherwise.''^ Here our right is again conceded, in language which ad- mits no doubt, for the supposition that the British won!d consent to purchase of us that territory to which they had title, is absurd and preposterous. The British are too vigilant in their negotiations, to overlook their own claims, whether well or ill founded. They lire not generous beyond what their interest / :;tatcs, nor are they liable to the imputation oi undue or disinterested generosity in their negotiations. '""-p> 'l\f ^"* ll'-Jf The American Mii ters most explicitly Btntcd, that they were not instructed to agree to any re- vision of the line where no uncertainly or dispute existed, and that they could perceive no uncertain- ty or matter of douht in the treaty of 17H3, with regard to that part of the boundary of the District of Maine, which would be effected by the proposal of Great Britain on the subject— That they never understood that the British Plenipotentiaries who signed that treaty, had contemplated a boundary different from that fixed by the treaty, and which requires nothing more, in order to be definitively ascer- tained than to be surveyed in conformity with its pro- visions.^^ The subject not having been a matter of uncertainty or dispute, they were not instructed upon it, and had no authority to cede any part of the State of Massachusetts, even for what the Bri- tish might consider a fair equivalent. ' ' • t To wh.ch the British Ministers replied, that al- though the American Commissioners acknowledg- ed themselves to be instructed to diicuss the re- ision of the boundary line, yet by assuming to de- cide for themselves what was or what was not a subject of uncertainty or dispute, they had render- , ed their powers nugatory or inadmissibly partial. The American Commissioners having f*tated their construction of the treaty of 1783, ^a it applied to the line between Maine, and the Provinces of Nova Scotia and Canada, say that they have not pretended to assume any thing, but shall persevere in their opinions until the British Commissioners ;:i^ •'J'-. .'•# '■': I,: : !■ A' I II . n II should point out, in what respec: the part of the boundary, which would be affeGteci by their propo- sal, is such a subject of uncertainty or dispute. That all the doubts which could have ever existed in relation to the Une, were settled under the treaty of 1794, and were prepared to propose the appoint- ment of Commissioners to extend the lines to the highlands in conformity to the treaty of 1783. That the proposition of the British was to vary those lines by obtaining a cession of the territory between New-Brunswick and Quebec, although that territory was unquestionably included within the boundary lines fixed by the treaty. Although the subject is again thus clearly pressed upon the consideration of the British Commission- ers, and they are called upon to point out any un- certainty or dispute, or cause of uncertainty or dispute, in relation to the boundary, with a perfect understanding, that their acquiescence would be taken as the admission of the fact, to wit, that there was no uncertainty or dispute as to the boun- dary line ; they pointed out no uncertainty, but contented themselves by saying the *' British Go- vernment never required that all that portion of Massachusetts which intervenes between the pro- vince of New-Brunswick and Quebec should be ceded to Great Britain^ but only that small portion of territory which interrupts the communication between Halifax and Quebec (there being much doubt whe- ther it does not already belong to Great Britain.") Here no uncertainty or dispute is pointed out, they -' - ^^: m do not once say the line stops at Mars hill, or any other pohit, but admit that it does not, by invaria- bly asking the territory, or a communication be- tween New Brunswick and Quebec or Halifax and Quebec as a cession. Instead of meeting the pro- position of the American Commissioners, in the frankness and candor with which it was made, they do Jio more than superadd a doubt, which the whole correspondence shows they did not believe, perhaps with a glimmering hope that the British Government, might find some daring Agent who would have the hardihood to claim, and by ingeni- ous sophistry endeavour to maintain, as a right, that which from their convictions of right and jus- tice, they requested only as a cession ; some one who would not be restrained, by that high minded and honourable course, which ought ever to be pre- served, to maintain the relations of pc^ce and har- mony between nations ; but would sacrifice every consideration of that kind to acquire a temporary advantage regardless of its future results. :wtU> After the British had trken military possession of Castino, and claimed, h im that circumstance, the military possession of the territory of the State of Maine, east of Penobscot river, and having al- together failed, eyen in the prospect of obtaining any part of the State of Maine by cession, they change tbeir proposition, and, to effect the same object, propose the principal of uti possidetis as the basis, subject to such modifications as mutual con- venience may be found to require. To this pro- •'Y'^'^r'''- 11 1^' ; ""^Sf^r position, the American Commissioners promptly and unequivocally, as they had done on all other occasions^ 'refused treating " on the principle of uti possidetis i or upon any other principle involving a cessioii of any part of ti»p territory of the United Caa it for a moment 1)e supposed, that when the British Commissioners so often requested the ter- ritory a> a cession, and expressed a disposition to give a^ equivalent, if it would be received, and when they were as often and peremptorily denied, on the ground of total want of authority to cede, that it was the intention of the Commissioners to do any thing mere, than to provide for the survey and marking of the lines, and to guard against any possible difficulties of a minor character such as the variation of the needle, or the precise spot, where the corner, io wit, the northwest angle of Nova Scotia, should be fixed, on the range of high- lands, limiting the sources of those rivers which empty themselves into the river St. Lawrence, or some other possible difficulties of a similar charac- ter none of which would vary the lines materially, or in any important degree, to either government? When the whole is fairly and candidly examined, such must be the conclusion. No other conclusion can be made, unless it be on the ground that the American Commissioners undertook to exercise a power, which they so often and explicitly declared to the British, they did not possess, and if thev did exercise a power which they did not possess, their acts were not obligatory upon the government. m 81 A careful examination of the fifth article of the treaty of Ghent, does not involve a conclusion, that the Commissioners departed from the powers given them, and their repeated and reiterated de- clarations. The part of the article relating to the point under discussion, is as follows: "Whereas neither that point of the highlands, lying due north from the source of the river St. Croix, and desig- nated in a former treaty of peace between the two powers, as the northwest angle of Nova Scotia, nor the northwestermost head of Connecticut river, has yet been ascertained, and whereas that boundary line between the dominions of the two powers, which extends from the source of the river St. Croix, directly north, to the above-mentioned angle of Nova Scotia, thence 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 northwestermost head of Connecticut river, thence down along that river to the forty-fifth degree of north latitude, due west by a lino on said latitude, until it strikes the river Iroquois or Cetaraguv, has not yet been Burveycd ; it is agreed for these several purposes, two Commissioners shall be appointed, sworn and authorized to act exactly in the manner directed with respect to thoso mentioned in the next pre- ceding article, unless otherwise specified in the prouent article. The said Commissioners shall have power to ascertain the points abovementioned, in conformity with the provisions of the said treaty 11 t; i K * • 82 of peace of one thousand seven hundred and eighty three, and shall cause the boundary aforesaid to be surveyed and marked according to the said pro- visions. The said Commissioners shall make a map of said boundary, and annex it to a declara- tion under their hands and seals, certifying it to be a true map of said boundary, and particularizing the latitude of the northwest angle of Nova Scotia, and of the northwestermost head of Connecticut river, and of such other points of said boundary as they may deem proper." Here the question may be repeated, has Nova Scotia two northwest angles? or an ideal one, placed where the "cm/?26?%" or the interested views of either party may dictate ? or is the north- west angle of Nova Scotia, the northwest angle of Nova Scotia as established by the Crown and Government of Great Britain, adopted by the treaty of 1783, and recognized in the discussions by the Agents under the fifth article of the treaty of 1794, and also recognized by all subsequent discussions between the United States and Great Britain? It cannot be reasonably supposed, that the Commis- sioners had any other angle in view, especially as the article seems to recognize and place the loca- cation of the angle on the construction of the trea- ty of 1783, explained as it was by the treaty of 1794, and the discussions under that treaty. It cannot be supposed that the British Commissioners expected to gain, that which thoy had requested as a cession, or the American Commissioners expect- :i t 83 0(1 to loose any thing which they had denied, from the language used and references made in the ar- ticle above quoted ; but it is to be supposed, that both parties in agreeing to the article, limited to the description in the treaty of 1783, as the same had been defined and the rights of the parties un- der it had been explained by direct and implied acknowledgments of its true construction, from the time of its adoption, intended simply to provide for the survey and marking of the line. No other conclusion can follow, unless it be supposed, that the high minded and honourable men, who nego- tiated the treaty, did on the one part resort to the most despicable chicanery, and the other to a gross and palpable violation of the power and au- thority to them delegated ; neither of which can be true. It follows then, that to fulfil this article, nothing more was required, than to survey and mark the Hncs, and that the difficulties which could arise, if any, were of minor consequence, not in- volving in any event, but a trifling extent of terri- tory, and of little importance to either government, and by no means involving the title to the inter- vening territory between yew Brunswick and Quebec, which had often been sought as a cession, to secure a direct communication, and as often denied. If the Agents and Commissioners of the two go- vernments have departed from this plain and natu- ral interpretation of the treaty, they must have erred from causes wlucli are creditable to neither. M. f^ 84 If a line were to bd established, contrary to this obvious construction, it is to be foreseen, that the party thus deprived of its rights, would imbibe a spirit not to be subdued, and which would seek its redress whenever it could, at any sacrifice. If the British colonists were to be governed by their true interests, they would not endeavour to acquire any thing by construction, against the true and com- mon sense interpretation of all the treaties, because in that they would discover the germs of eternal hostility. If, in the prosecution of the duties under this article, the Agent of the United States has miscon- strued and extended its application beyond ita plain and obvious construction, or had not a clear and distinct view of the meaning of the terms " highlands, which divide the waters,'''* in the treaty of 1783, or was bewildered by mountains, or moun- tain ranges, when even mole hills answer the des- cription precisely, if they do "divide the waters which flow into the river St. Lavvrence, from those which fall into the Atlantic," and if the British Agent, in the prosecution of his duties, under the same article, has pretended that the northwest angle of Nova Scotia is at Mars hill, and that the line of the United States runs southwestwardly from that point, when the territory extending north, northwest, west and southwestwardly, is claimed as a part of the ancient province of Nova Scotia, thereby destroying the northwest angle of Nova Scoiia, which had been established by a series of 85 acts of the British government, and acknowledged by them to this time, and substituting therefor, a southwest angle, and, if from the course so absurd and preposterous in itself, ingenuity should obtain a temporary triumph over right, a question will arise, growing out of the nature of, and the organ- ization of the State and National governments; has the United States any constitutional authority to cede any part of an independent sovereignty composing one of its members ? The Commissioners of the United States who negotiated the treaty of Ghent, uniformly denied the right of cession, but whether they founded their denial on the want of authority in the instruc- tions given them, or upon the Constitution of the United States, is not perfectly clear ; if upon the first, they adopted a right course ; if upon the last, their course was also right, and there must be per- fect harmony of opinion, because either principle preserves the rights of the individual States. On this subject it may be important to consider the object and nature of the association of the States, which led to the adoption of the Constitution. The general government, which had originated in the oppression of Great Britain and been sus- tained by the pressure of an external enemy, and had carried the country through tho Revolution, when peace was restored, was found to be too fee- ble for any valuable purpose to the States. Its in- herent defects had, by a few years experience, been shewn, and the States for want of general J'. ! ., <«; '-'i| -I !;: 0- 86 union were in danger of degenerating and falling into anarchy, and of becoming a prey to each other, or any foreign nation. The independent sove- reignties saw the necessity of associating anew, which they did, and in that association mtftually delegated liitiited parts of their sovereigr. power for the greater security of those retained. As in the first confederation mutual defence and protection was a primary object, so it was, in ihe last confederation ; a mutual protection, not limi- ted to the personal rights of individuals, but ex- tended to the full and free exercise of the whole sovereign power, not delegated, to the extent of the territorial jurisdiction of the State. "With this view of the object of the confederation, composed as it was of independent sovereignties, it cannot be supposed that they ever intended to give to the general government any power by which they might be destroyed and consolidated, or by which even their rights of sovereignty and jurisdiction might be abridged. It has never been pretended that Congress has the power of taking from one State and giving to another, or to incorporate new States within the limits of old ones ; nor has it ever claim- ed to exercise such a power. The most it has ever done, or has a constitutional right to do, has been, to give its consent to the compact made be- tween the parties immediately interested, and to admit the new State into the Union. If Congress do possess the power of ceded any portion of an independent State, they possess a 87 power to "break down the State sovereignties by which they were created, and at their pleasure to produce a consolidation of those sovereignties ; a power which was never delegated or intended. If, therefore, the Congress of the United States attempt to exercise such a power, the State thus deprived of, or limited in its rights of sovereignty, must submit, or enforce its rights. The rights of protectipn in the exercise of the sovereign power of the State are equal, whether it is an exterior or interior State, and Congress can have no more constitutional right to take from Maine and cede to New-Brunswick, than they have to take from Virginia a part of her territory, and cede it to North Carolina. Congress has not claimed to exercise such a power, for the construc- tion of the treaty of Ghent herein before given does not involve such a power, unless from a mis- construction of its provisions, limiting as it does the whole power of the commission to the survey- ing and marking of the lines, and erecting its mon- uments, according to the treaty of 1783. But, it will at once be seen, if the government of the United States yield to the misconstructions of the agents, so far as to be endangered by the result, that by the misconstructions of the one and the ingenuity of the other, arising from a strong desire to acquire for his country the territory which had been so often but unsuccessfully sought as a cession, and by its final result the lines of the State of Maine are materially changed, she will be as 88 iijiii, l|i "!-^ ■i much dispossessed of her territory and sovereign- ty, as she would have been by a direct exercise of the power of cession. The one mode equally with the other involves an assumption of power which was never delegated. If such an unfortunate oc- currence ever arises, from any cause, the duty which the State owes herself and her sister repub- lics is plain. While it is the duty, as well as the interest, of individuals, as well as States, to yield a peaceable and quiet obedience to every exercise of consti- tutional power on the part of the government of the United States, it is equally their duty, and their interest to resist all encroachments on the rights which they have reserved. If a part of the State of Maine should be surrendered by the govern- ment of the United States, either by a direct or indirect exercise of the power of cession, it will then be a duty which she owes herself, to consider, whether she has, by such an invasion of her rights^ lost her right of sovereignty and jurisdiction. Such an exercise of power can have no obligatory force, and unless Maine quietly and peaceably submits, it will be the duty of the States ; a duty imposed by the Federal Government, to afford her aid and protectioji, and to aid her in regaining her rights. From the provisional treaty of peace in 1782 to the treaty of Ghent, for a period of more than thirty- two years, the British always conceded our title and our rights, whenever the subject was present- ed in the discussions between them and the United li *■«!,'.,•■.'»< States. Even in the arq;ument of the British Agent under the fourth article of the treaty of Ghent, deUvered before the Commissioners in Sep- tember 1817, after the Board under the fifth arti- cle of the san. < <'>reaty, and the agents had made their agreemer.. for a survey he unequivocally ad- mits and shows our title. He & lys, " That the north- west angle of Nova Scotia mentioned in the treaty as the commencing point in the boundary of the United States is the iiorm\rv st angle of the said Province of Nova Scotia, designated in the grant to Sir William Alexa^idc' in 1621, subject only to s«j !h alteration as was occTisioned by the erection oi the Province of Quebec, 1763." , ..^ Since the treaty of Ghent and the entire failure on the part of the British to obtain the territory by cession or purchase, and since September, 1817, they have pretended to claim it as a right, and do, in fact, pretend to claim a much greater extent than they had ever sought by way of cession, by ex- tending the claim much furt! r, south and west, than is necessary to secure u communication be- tween Halifax and Quebec- ^ ' ^ The idea of claim, as they at present make it, probably originated with some of their subjects in the provinces, who, having a great desire to hold the country, endeavour?'! >o stimulate the govern- ment of Great Britain, thai she. might, by some means, be induced to obtain it. In order to show the origin as well as the substance of their claim, as they now make it, the following extract is made 12 yi 90 lliiili' I, r from a work published a little before the organi- zation of the commission under the filith article of the treaty of Ghent, entitled " A Topographical de- scription of the Province of Lower Canada, with remarks upon Upper Canada, and on the relative connexion of both Provinces with the United States of America, by Joseph Bouchette, Surveyor Gen- eral of Lower Canada, Col. C. M." This work was dedicated to the present King, George IV. then Prince Regent, and was accompanied with splendid maps. Col. Bouchette was attached to the commission under the fifth article of the trea- ty of Ghent, at the commencement, as principal surveyor on the part of the British. He says, " the height of land on which the boun- dary is supposed to pass, runs to the northeast and divides the waters that fall into the St. Lawrence from those flowing into the Atlantic," and which hf^igh^ after runningsome distance upon that course sendi^ off a branch to the eastward, that separates the head of the Thames falling into Lake Temis- couata and river St. John, and by that channel into the bay of Fundy from those that descend in a more direct course to the Atlantic. *' The main ridge continuing its northeasterly di- rection is intersected by an imaginary line, pro- longed in a course astronomically due north'Cfrom the head of the river St. Croix, and which ridge is supposed to be the boundary between Lower Canada and the United States ; at least such ap- pears to be the way in which the treaty of 1783 is the n ,;!',' I' "ll: 91 construed by the American Governmentt but which ought to be more fairly understood as follows to wit : That the astronomical Hne runniag north from the St. Croix should extend only to the first easterly ridge, and thence run westerly along the crest of the said ridge to the Connecticut, thereby equita- bly dividing the waters flowing into the St. Law- rence from those that f^r into the Atlantic, within the limits of the States, and those that have their streams British province of New-Brunswick. It ia ant and must al- ways have been in contemplation, that an unin- terrupted communication and connexion should exist between all his Majesty's North American possessions ; but by the manner in which the trea- ty is insisted upon by the opposite party, a space of more than eighty-five miles would be placed within the American limits, by which the British provinces would be completely secured ; it would also prove the inconvenience of having the mail, from England to Quebec, carried Oi^er that dis- tance of American territory, and which may be deemed either a matter of indulgence or com- plained of as an encroachment, according to the transfer of the times. Within this tract is also the Madawaska settlement, consisting of nearly t/vo hundred families all holding their grants from the British Government. England at all times high minded and generous, never shrinks from the ful- filment of her engagements even though from the want of political acuteness in the persons employ- V., .:'-.Z3 l-kJ t> IMAGE EVALUATION TEST TARGET (MT-3) 1.0 u& I.I 1.25 2.5 i^ 1^ ill 2.2 ^ lis llll|2£ 1.4 - 6" 1.6 f f^ w ^^i/. <:* '^J /S 7 Photographic Sciences Corporation 33 WIST MAIN STRUT WnSTiR.N Y. U5B0 (716) •72-4503 4< ^^^4^ i * ■ \ \ I 92 i.,a:J.. ■1 -I h!i ed, they may Itair^ bedn fbhned iA^ a ihanii^r pl%- jiidical to her interests. But at the same time she has a right to require that the interpretation of them should not be overstrained or twisted from the obvious meaning and intent, by a grasping cu- pidity after a few miles of country which could be of little advantage to the opposite party." v* ' # ^ The above extract has been made, because it shews the whole of the British claim as they have since made it, as well as the substance of all the arguments they have urged in its support; all which has since been doiie by them, whether in making surveys, collecting documents, or making arguments, for a period of more than five years, has not placed their pretensions in a stronger light. If subsequent occurrences have given their claim any additional plausibility, it can only be at- tributed to the Agents having transgressed the authority given them by the treaty, and discussed a claim which was not submitted. Here it is wholly unnecessary to repeat the facts and docu- ments herein bef re quoted or referred to — a mere recurrence to them and placing them in opposition to the British argument, shows, to use no harsher term, its total absurdity. ' • ' . v //.? . The argument seems to be addressed*^ to the pride of the British, and vanity of the Americans. —As it relates to the British, the argument has had its effect, but as it relates to the Americans, it has been a little too gross 'O deceive. If the discovery had been made more seasonably, it might 98 have acquired a temporary appearance of plauBi- bility, but when the subject had come before Par- liament and had also been under discussion by the Commissioners and Agents of the two governments, and last of all, when the British Commissioners had perseveringly sought the territory, in every form as a cession, from seventeen hundred and eighty-two to eighteen hundred and fourteen, a pe- riod of thirty-two years, the argument is not cal" culated to deceive, and ill accords with a character always " high-minded and generous j and which ne- ver shrinks from the fulfilment of its engagements.^^ The territory, from all our researches never has been claimed ds a right by the British government or any of its Commissioners or Agents, until 1817, after the Commission under the fifth article of the treaty of Ghent was organized ; but on the con- trary, as has been before shewn, the right has alwrys been conceded to be in the United States. Now their claim, stripped of its verbiage, and translated into plain language, rests on this plain and simple proposition — the country lies between two of our provinces, it will we useful to us, not only by facili- tating communication, but i(: is important also in k military point of view — we could not obtain it by cession, though we were willing to give an equiva- lent, but we want it, and we will have it. •/•<'!' «»\ The State of Massachusetts considering her right of sovereignty and jurisdiction co-extensive with her title, did not anticipate any disturbance or intrusion, and did not considdr herself under If'r'y' i.'i.': ,;!■■. 1 ' '>;>ss-:. ?■ ■, Iv: any neqessity of cultivating her whple t^Jcritory, pr of ^^epiDg up ,a military force for its protection, .irelying upon the ^go^d fai^b whiqh had appeared to Ji;nanif(^t itself ,on the part of the British in the negotiations and discussions between them. and the ^Uf)ited States, and presuming also that the British, ;y i.w. 1» ■ ;t , . ; III r f ■■'i£i> ill 'i, :n yi Congress the next session, and Maine was admitted into the union as an Independent State — ^By the act of separation Massachusetts retained the fee simple of a moiety of the Wild lands, but the resi- due, and the entire sovereignty and jurisdiction was vested in Maine. — Maine having thus become an Independent State, and more than three years having elapsed after the organization of the com- mission under the fifth article of the treaty of Ghent, a time more than sufficient, to have per- formed all which was submitted and there being reports that the British agent was vigilant, and the American remiss, and that surveys, were going on in quarters wholly unanticipated, she of course became anxious, and had reason to fear the sub-^ jeci was taking a direction never in the contempk- tion of the Commissioners who negotiated, or in- volved in the treaty itself. The Governor of the State noticed the subject, in the first message which was delivered June 2d, 1820, to both branch- es of the Legislature. He says, " What progress has been made under the fifth article of the British treaty in settling the eastern boundary of the State against the province of New Brunswick, and the northern boundary against that of Lower Canada, I am unable to inform you. As this State and Massachusetts have so deep an interest in the set- tlement of these boundaries, there would seem to have been a propriety in the agent appointed on the part of the United States, being taken from one of these two States. But under existing cir- . / cr,->.,.^i-;ft-^,j,Vfir--tTP% 97 cumstances you w^U consider whether the interest of the State does not require from you the adop- tion of such arrangetnents as are best calculated to afford the present Agent such information in re- lation to this important subject as the people in this State have it in their power to give." The Message was answered on the 12th Junei 1820, wherein it was among other things Resolved "That the Governor of this State be requested to transmit to the President of the United States, a copy of the Resolve, accompanied with sucli representations in relation to this subject, as he shall think proper and best calculated to effect the object." The request was complied with by the Governor, who in July, 1 820, transmitted a copy of the resolve to the President, and among other things observed to him "When it is considered that Massachusetts and Maine have the right ol soil, that Maine has also a State jurisdiction, that the people here have not the honour of an ac- quaintance either with the Commissioner or Agent, and have not been advised of any reason for the delay to the present time it will not be considered a matter of surprise that their extreme solicitude should be such as to render desirable, information on a subject so generally interesting." It is not unknown to the people of this State that the British Agent has been very attentive to the business in which he has been engaged, and that he has caused the country near the lines to be examined and explored in the most particular man- n I ) ■ I'rlili:, M 'i' ner ; while it is not understood that comparatively any thing has been done on the part of the Ameri- can Agent. With impressions such as these, the boundary being an extensive one it would be high> ly satisfactory to people of this State should it comport with the views of the executive of •the United States, to designate a person to assist the pl'esent Agent in his important duties, that tlie boundary may not only be more expeditiously, but more satisfactorily adjusted." '■-'■-'^-^'^i^lltrp A'JThe substance of the reply which was made ap- peared in the next message of the Governor^^^f^. This year, in the exercise of their general powers of sovereignty and jurisdiction, the Marshall of Maine, under a law of the United States, took the censu^ of the inhabitants settled on the St. John river and its tributary streams west of the Meridian line from the monument at the source of the Saint Croix, and the south line of the province of Que- bec, or Lower Canada. In the autumn of the year of 1820, an agent was sent by the Governor and Council to explore the public lands upon the St. Johd and its branches west of the meridian line from the monument, which service he performed. The Governor again in his message, which was delivered January 11, 1821, to both branches of the Legislature, called their attention to the subject of the preservation of the timber on the public lands, and after enumerating several places as the scenes of depredations, says, *4t appears that trespasses with- • ' 99 in our acknowledged territory, particularly on the rivers Aroostook, De Chute, Presquille and Me- duxnekeag, committed hy persons residing in the British provinces are very great, accordingly, ar- rangements have lately been adopted with a view to prevent such predatory incursions in future." He also states that he forwarded the Resolve of the prior session of the Legislature to the Presi- dent, and Secretary, transmitted a copy of the same to the American Commissioners, who in re- ply " gave a reasonable ground of expectation that the final decision of the points in controversy res- pecting those lines would have been made in October last. — ^And from information obtained from other Purees, adds — "All reasonable hope of a speedy adjustment seems therefore to have van- ished." The Governor after having received information that British subjects were trespassing on the tim- ber lands of Maine and Massachusetts on the Aroostook, appointed Benjamin J. Porter, Esquire, with the advice of council to proceed immediately to that place, and to notify th* persons whom he should find trespassing on the timber lands afore- said west of the line which had been run by order of the Commissioners appointed by the United States and Great Britain from the monument at the source of the St. Croix to the line of the pro- vince of Lower Canada, that if they would pay a proper consideration for the timber they had cut, and desist from any further depredation on that . V .^i- >,'( ' 100 part of our territory, he was authorized to settle with them on those principles — but if they declin- ed, he was directed to proceed to Houlton plan- tation and adopt the necessary measures, and ob- tain such assistance as in his judgment would be required, to take the trespassers and their teams and bring them to Houlton plantation, and there keep them until the Executive could be advised of .*-««:.-1>Ufr' .■■\ \Vi.' the measures adopted. - The agent thus appointed and instructed pro- ceed to the Aroostook, and found British subjects trespassing there, with whom he settled, and re- ceived also the assurances required, that they would not return, and would desist from cutting the tim- ber "•*.■■-«'- jf^v'-' ' ■ -'...?"»-!..■•.,.,-..-. -I '. ki, . .■ ■<:"T, .,• i-'v,->^->.' ■.. '. f »>fAj, ■ \ The efforts thus far made, not having produced the intended results, the Legislature, January 16,. 1822, passed a resolve requesting the Senators and Representatives of this State in the Congress of the United States, to collect information touching the causes of the differences between the Ameri- can and British Commissioners under the treaty of Ghent respecting the boundary line, between this State and the British provinces of lower Cana- da and Nova Scotia, and the extent and nature of the claims set up by the said British Commis- sioners. The resolve was duly communicated. No progress was however made and the object of the Resolve was not answered. In February 1822, an agent was appointed with full power to prevent trespassing upon the timber in the public lauds, on ii'! 101 the Aroostook, Maduxnekeag and Presquilla riv- ers and their branches west of the meridian line from the monument, and he entered immediately upon the duties of his agency and visited the places required, and accomplished the objects of his ap- pointment. The subject is again recurred to Jan. 10, 1824, by the Governor in his message, which led to no specific act on the part of the Legisla- ture — Jan. 7, 1825, the Governor again calls the attention of the Legislature to the subject of the Northeastern boundary, stating also that he had understood from respectable sources, that depre- dations had been committed on our timber lands, on the Aroostook and Madawaska and other streams emptying into the St. John ; and that unless en- ergetic measures are speedily adopted on the part of the State, our valuable^ timber in that region will be soon destroyed ; and that from the repre- sentations, the depredations were committed by British subjects. This led to an investigation as far as the limi- ted means possessed by the Government of this State permitted, and a resolve passed JaUj^ 24, 1825, among other things requesting the Governor of this State to correspond with the Governor of ihe province of New-Brunswick relative to* the depredations which had been committed by British subjects on the timber on the public lands of this State, west of the boundary line between this State and the province of New-Brunswick, as heretofore recognized ; and to ascertain whether 102 that government had authorized any persons to cut timber upon these lands or to settle thereon. The land agent of Maine was instructed in con- junction with such person as should be designated by Massachusetts, or if none should be appointed, without that agent, forthwith to take effectual mea- sures to ascertain the^exteut of the depredations on the lands belonging to this State and Massachusetts, or on lands belonging to this State ; by whom the same have been committed, and under what authori- ty, if any, such depredations were committed. The , Governor was also requested to forward each of the Senators and Representatives in Con- gress from this state a copy of the report of the Committee on the part of the Governor's Message relative to depredations on the public lands, and of the Resolves, and also to request them to take the necessary measures to obtain an early adjust- ment of the Northeastern boundary of this State. The Governor enclosed and forwarded the same on the 25th of January 1 825. During the same session of the Legislatuie, February 22d, 1825, they passed a Resolve respecting the settlers on the St. John and Madawaska rivers. " Whereas there are a number of settlers on the undivided *puWic lands on the St. John and Madawaska Ri- vers, many of whom have resided thereon for more than thirty years; therefore resolved. That the land agent of the State, in conjunction with such agent as may be appointed for that purpose, on the part of Massachusetts, be, and he is hereby authorised W' •i 103 . and directed to make and execute good and suf- ficient deeds, conveying to suclv settlers in actual possession, as aforesaid, their heirs and assigns, one hundred acres each, of land, by them possessed, to include the improvements on their respective lots, they paying the said agent for the use of the State, five dollars each, and the expense of sur- veying the same. . •■■ *^mm^w,hi9^->^i»^^ The Commonwealth of Massachusetts, June 11, 1825, did provide by Resolve among other things — " Whereas there are a number of settlers on the St. John and Madawaska rivers, many of whom have resided there more than thirty years, there- fore resolved. That the land agent of this Common- wealth in conjunction with such agent n. has been or may be appointed for that purpose on the part of the State of Maine, be, and the samo is hereby authorized and directed to make good and suffi- cient deeds, conveying to such settlers in actual possession as aforesaid, their heirs and assigns, one hundred acres each of land by them possessed to include their improvements on their respective lots, they paying to the said agent, for the use of this Commonwealth five dollars each, and the ex- pense of surveying the same." i.*j wAt*^,. j^^^^t^ The agents thus authorized did in the autumn of that year proceed up the St. John to the Madawas- ka settlement, and thence to the mouth of the> Maryumpiticook, and surveyed, and conveyed, two lots of Land, on the 3d of October, to John Baker and James Bacon, citizens of this State. They it i # llli'i!''S i iii ■■j I 104 had settled above the French neutrals on the St. John and its waters ; and at the time when the settlers on the lots were commenced, there was no settlement within several miles of them. They also posted up notices, stating their authority, and proposing to give deeds, according to the ResoWes under which they acted. '. This year Maine and Massachusetts, in contin- uing their surveys of the undivided lands, survey- ed all which had not been previously done, and conveyed two ranges of townships on the me- ridian line running north from the Monument at the source of the St. Croix, and above Mars Hill, to a place within a few miles of the river St. John. The two grants of Massachusetts made in De- cember 1807, to the town of Plymouth, and in Jan. 1808, to WilHam Eaton, on the river Aroos- took, according to surveys made in 1807,' compose a part of the ranges. In a letter bearing date May 23, 1825, from the British minister at Washington to the Secretary of of State of the United States, in answer to his of the 27th March preceding, complaining of the encroachments of the inhabitants of New-Bruns- wick, committed upon lands of Maine and Mas- sachusetts, in cutting and carrying away tim- ber within the boundaries of those States — and the places where the trespasses were committed were also described in the accompanying papers, to be on the Aroostook and Madawaska rivers. " IL 4 III, 105 •s. uTh(& British Minister in reply, states, that he had made inquiries of Sir Howard Douglass, the Go- vernor of Neiv-Brunsvvick, and had been assured by him, that the charge, as far as the Government of the provinces was concerned, was unfounded, and^ that he should use his best endeavours to put a stop to practices in themselves so disgraceful. It was further stated by Sir Howard, *^ that in assuming the Government of New-Brunswick, he found that licences to cut timber, and other acts of sove- reignty, had long been exercised on the part of Great Britain over certain tracts of land in which the Bestook," (Aroostook) *^ and Madawaska were included, heretofore, well understood to belong to New-Brunswick, but subsequently claimed by the Commissioners of the United Slates appointed to nc- gotiate with the British Commissioners for adjusting the boundary line of the respective provinces : to these claims no disposition was ever shewn, on the part of Great Britain to accede." -.-',- It is not supposed that Sir Howard intended to misrepresent facts, because it would be entirely in- consistent with the honourable character which he is supposed to sustain ; but acquitted of that charge, his representations must be attributed to ignorance of the subject, or want of research into the premises. Compare the history of the negO" tiationof the provisional treaty of peace in 1782, the doings of the Commissioners under the fifth ar- ticle of the treaty of 1794 — more especially the argument of the British agent, and all the corros- 11 1! I- ii V1| ^1 106 ';■ I J/^' M pondence which preceded the treaty of Ghetit, wherein the Eritifih CoiumissioBers so often and so re^atedly ask the country, in which the Mada- waska settlement is included as a cession, and are so often denied by the American Commissioners, on the ground that they possess no authority to make a cession, and no further comment is ne> cessary to shew the falsity of his representations. It is further said by Sir Howard " In fact by a reference to documents in the possession of the British Colonial department it appears that the settlement at Madawaska in the province of New Brunswick was made under a grant from the Crown upwards of thirty years ago, so late as the year 1810 no claim had been advanced by the United States, although the settlement had been esta- blished at the time for upwards of twenty ysars under a grant from the Government of New-Bruns- wick and had been constantly designated the Mad- Bwaska settlement." . Admitting the /act, as to the antiquity of the •ettlement to be as stated, giving the utmost extent to both modes of expression, it com- menced under grants about the year 1790, long after the treaty of 17B3. Unless the grants were within the province of Nova Scotia, they were intrusions; that they were not within the province abundantly appears from all the doc- uments before quoted in relation to the bounda- ries. No valid claim of national sovereignty can bo based on such acts in the forum of honour, 107 conscience or law. And no jurisdiction can, with f semblance of propriety be claimed beyond the actual possession ; it cannot without violating the acknowledged principles, in^uch cases be extend- ed by construction. * If such were the fact§ and the settlements had been made as early as 1790— if the British considered that they had any claim to the territory on that account, it is extraordinary, that it should have been entirely overlooked by the governiiient, its ministers and commissionerB, and never have been discovered until 1817 or since that time ; more especially when the treaty of 1794 and the discussions under the fifth article of it wherein it was conceded that the line due north from the source of the St. Groix, wherever it should be established, crossed the St. John, to the hne of the government of Quebec, and by a ref- erence to the map it will at once be seen that had the most wes.erly point been adopted which the British agent contended for, that the Madawaska settlement is west of the meridian and at aH events within the United States. When also the subject of surveying the boundaries had been^ discussed on several occasions between that time and the, treaty of Ghent, and when also during the whole discus- sion which led to that treaty of Glient, the territory is sought as a cession and with great perseverance by a resort to every mode which circumstances or their own ingenuity suggested. But the facts as stated are not admitted, the settlement at Madawaska did not succeed, but &■ > ■ Si: I'. i '^ il "] !|4W] ;f '1ni U : 1 •',1 ■jq I j . ill : i .'^ ' 1 ':;:! ■: :i 108 'fifadf proceeded many years, the grants which Sir Howard states, and therefore cannot be said to be made under the grants. The settlement was made principally by French neutrals, whose ancestors had lived near the Bay of Fundy previous to the American Revolution. They, to avoid the British laws moved up th^ river St. John to a place called St. Anns, now Fredrickton. After the close of the war when the British established a town and mili- tary post at that place and circumscribed them in their quarters, stimulated by their repugnance to the British, and desirous of living under their own regulations — they pursued their course up the river and established themselves at Madawaska where they lived many years probably entirely unknowi^ to the world — Some of their countrymen joined them from Canada — If the settlers or some of them now have grants from the Province of New Bruns- wick, the reason for making such grants does not now appear. The intention of the government can be inferred only, from the facts disclosed, from which it most clearly follows, that they did not, by the intrusion consider themselves as extending their rights of property or jurisdiction, not having stated the fact for that purpose until long since the treaty of Ghent. If the fact had been relied •on by them as giving any claim the ministers who negotiated, the treaty of Ghent, while they were endeavouring by every means in their power to obtain the territory in which the Madawaska M ^ ^109 -settlement is situated by cession, would not have been guilty of the omission. „, .-w* Sir Howard still further says "with regard to the timber cut by British subjects on the river Bistook (Aroostook) the very circumstance of its having been seized by Mr. Porter of the State of Maine proves that the inhabitants of that State consider themselves as at full liberty to appropriate all the ' timber in that district to their own use. In truth that territory is especially represented by the Senate of Maine as lying within the acknowledged boun- daries of that State. Now this is notoriously not the fact, the British Government contend that the northern boundary Hne of the United States, run- ning from the source of the river St. Croix to the highlands is terminated at Mars hill which lies at the southwest of the Bistook (Aroostook) at least therefore the British territory declared to be the undoubted property of the State of Maine is but a point in abeyance. Both parties claim and it ap- pears have exercised an equal right over it." ... ^ < That the British pretended any claim to the ter- litory to the westward of the meridian line from the source of the St. Croix and southerly of the line of the Province of Quebec or Lower Canada was totally unknown to the United States until long after the treaty of Ghent and it seems to have been equally unknown to the British. The obser- vation. " This was notoriously not the fact" can only apply to a period subsequent to the treaty, when it had been deemed proper by individuals •sii 1 m'T ^ ' 'i r ' I, !'!• and the subordinate Agents of the British Govern-* meot to acquire by some means the territory which they could not demand as a right — The above observation does not appear to be true, from any thing, which had transpired of a pubhc character, between the American and British governments. — Such pretended and unfounded claims could not have been, and were not anticipated; But after all the pretensions, the claim and exer(;ise of right, he adniits t6 be equal, which is extraordinary, when the whole is taken into consideration and contrasted with the recent origin of and bold as* sumptions on which they are founded, -i* •l^^'^* -#^# It has already been shown, that Massachusetts has made several grants before 1808, some of which were on the Aroostook near the meridian line, from the monument at the source of the river St. Croix, and that she and Maine, had in addition to their general jurisdiction, exercised all nece&sary acts of particular jurisdiction. And the British subjects found there, committing depredations on the timber, by Mr. Porter, were there as mere tres- passers not claiming any right or authority from any source. It was not until long after this period, that any persons were there under licences from the Province of New Brunswick, which cmised the mention of it in the Governor's message in Jan. 1825. The British claim, as they mflke it, is even void of plausibility, they ought not to have claimed the territory upon the Bistook, (Aroostook) and upper part of the St. John and its tributary streamer, W k i :■' as a part of the ancient province of Nova Scotia, but they ought to have continued the line from Mars hill, eastward to the Bay of Chaleurs, and have insisted that that was the northern Kne, there- by yielding a part of Nova Scotia, and have left the upper part of the St. John and its tributaries, and the Rcstigouche river, in the province of Que- bec or Lower Canada, and if by that means, they , had violated one of their favourite principles of exposition, to wit, that the province which has the mouth, ought also to have the sources of the river, still the whole would have been within the general sovereignty of Great Britain, one province only gain- ing more than the other lost; yet such ^ claim, though more plausible, by relieving them from the solecism of destroying the northwest angle, or rather converting the northwest angle of Nova Scotia into a southwest angle, which can only be arrived at, by running first north for more than forty miles from the monument, at the source of the river St Croix, and then southwesterly for more than one hundred miles, would have been no bet- ter, nor would it be based on a more solid or sub- stantial authority. ' ^ , : ) The British Minister then observes " the Gover- nor of New Brunswick informs me, he does not consider himself at liberty to alter in any way the existing state of things as far as regards the dis- trict above mentioned, but he assures me that he will take especial care to keep well within the lim- its of the line of dutv marked out for him and con- ,1 ■. < f ■ 1^; i'l] lii |i ,1 ■^ii« 811 l! si^cring the shape which this qiiestiop. i^ myr;m- suming he will feel it iint>erative on biim to apply immediately for still more precise inatruptionS'licNr giiardance of his conduct in a matter of so p\|(;J| delicacy^^,,,,, . ..:■,..;:-. v^-,>,va.^ ■ ^- More notice has been taken of the, foregoing letter than its importance otherwise demanded, on account of its being the first document of an offi- cial character in the archives of this State, which goes to show the British claim as it had been made by their Agent under the fifth article of the .treaty of Ghent. ■h-,iSMkM^.r4,4-.rMs»i^---, .'.-■■■ -mJA'M, ^ The Secretary of State, Nov. 25th, 1825, wrote the Governor of this State, enclosing a copy of a note from the British Minister to him, and a copy of a note from Sir Howard Douglass to the Brit- ish Minister— On the 25th December, 1825, the Governor of this State transmitted the Secretary of State of the United States, a letter with a copy of the resolve of this State respecting the settlers on the St. John and the Madawaska rivers under which the Agent of the State acted — a copy of the resolve of the Legislature of Massachusetts res- pecting the same — also the report of the land* 'Agent of Maine, detailing particularly the transac- tions of the two Agents under said resolves — From which report it appears that the land Agents had pursued the authority, given them by the resolves, and had not done some of the acts complained of by the British.^ ,;-^, . .. ,.-i^4 , -,„iai,M"v»«'.*i»; : a*i? The subject ot the northeastern boundary was I jf. . r I Ji. :' 113 was again noticed by the Governor in his message to both branches of the Legislature the 7th Jan. 1826, which was answered by the Legislature in a report on the 17th January, and a resolve on the 26th of January of the same year. "That the Governor for the time being, be authorized and requested, to take such measures as he may thinH expedient and effectual to procure for the use of the State, copies of all such maps, documents, publications, papers and surveys, relating to the northeastern boundary of the United States, des- xribed in the treaty of 1783, and such other infor- mation on that subject as he may deem necessary and useful for this State to be possessed of." ** That the Governor of this State in conjunction with the Governor of M^.ssachusetts, (provided the said Commonwealth shall concur in the measure) be authorized to cause the eastern and northeast- ern lines of the State of Maine to be explored, and the monuments upon these lines mentioned in the treaty of 1 783, to be ascertained in such a manner as may he deemed most expedient." The surveys of the unappropriated lands of Maine and Massachusetts, were continued and five ranges of townships were surveyed, and extending from the line drawn west from the monument and extending from that line to Fish river and near the river St. John. The Fish river road extending from the east branch of the Penobscot river, noi:thwardly to Fish 15 :-M. I 1 <■ ( I.!;,.'* ^1 lia'fi .:i^ :■; ' 114 river, was laid out also under the authority of the States. .•,;.,- ■'•'■' '< '-.^Vv.f^r>;. The resolve was communicated to the Senators of this State in the Congress of the United States, and enclosed hy the Governor on the day of its passage. And there was procured, in consequence of "it, a copy of the general map compiled by the United States' surveyors, from surveys made under the fifth article of the treaty of Ghent. The subject was again presented to both branch- es of the Legislature by the Governor, in his mes- sage, on the 4th of January, 1827 — And the Go- vernor also by special message communicated a letter, from the Secretary of State of the United States, dated January 29th, of the same year; accompani'^d by a letter ^of Charles R. Vaughan, Esq. the British Minister, dated Jan. 7, 1827, wherein he complains of the acts of Maine and Massachusetts, m surveying and laying out town- ships and roads, and concludes by saying, *' I think it adviseable to make you acquainted without de- lay with the communication which I have received from the Lieut. Governor of New Brunswick, whom I beg leave to assure you cautiously abstains on his part from exercising any authority in the dis- puted territory which could invite eiicroachments as a measure of retaliation." All which were con- sidered and became the subject of a report in the Legislature on the 12th day of February, 1 827, and a Resolve was passed thereon, on the 23d day of the same month, Respecting the Northeastern boun- dary of the State, to wit. — ■J I. !«!:'! H5 ^^ Resolved, That tlie Governor be, and he is hereby requested to take all such measures, both in acquiring information and in procuring a speedy adjustment of the dispute according to the treaty of 1783 as he may deem expedient and for the in- terest of the State." ' ^ ■ ■ ^ 'N^!^<^^ To this period, nothing of any importance had been obtained under the Resolves of the State al- though they had been regularly communicated, and all the informatiouj which was in possession of the government of this State consisted, in a few and very few copies of letters from the British Minis- ter, which had been elicited by the resolves of the State of Maine ; and beyond that there was no official information of the proceedings of the com- mission under the fifth article of the treaty of Ghent, nor the claims set up by the British, except what was derived from public reports, vague in their nature and uncertain in their character. It was not until long after the commissioners had ter- minated their labours, that any official communi- cation was made, which tended to shew the Bri-' tish Claim, and even that frbm the looseness of its phraseology seemed to convey, no other distinct idea, than that, the British, from causes known to themselves, claimed all the country north and west of Mars hill, as a part of the ancient province of Nova Scotia, and even that did not appear until near the middle of the year 1825. The delay to give information to the State of Maine, when it had been so often requested particularly in the let- K'i:-.i I. ■;i; \' V-:" ■ i. 116 terof the OoTornor, of July 1820, to the execu- tive of the United States, containing a request that some one might, be added from the State of Maine to assist in the examination of the subject and considering that the sovereignty of the whole country to which the British had, in such an ex- traordinary manner and so contrary to the dis- cussions which preceded the treaty of Ghent, pre- tended a claim was in Maine, and that the go- vernment of the United States had no coiivlin;- tional authority to cede any portion of liii iiide- pendent sovereignty, directly or by construe Lion, is certainly very extraordinary, — and it cannot fail to appear extraordinary that the same policy on the part of the government of the United States; should be continued, when by uniting Maine in the controversy all reasonable ground of complaint on her part would have been removed, at least, if she had in her sovereign capacity engaged in the con- troversy, she must have been concluded by the re- sult. If she had mismanaged her concerns that could never have been brought up as a reasona- ble cause of complaint against the United States. Maine as she was in it state of profound ignorance had no opportunity to aid or assist the United States nor does she claim that she has a right to interfere in the coui«e hs government chooses to adopt, but she h ..^ +!*> ight o reading the constitution of the United States, of judging for herself, and if she is deprived of the exercise of her sovereignty and her property, she has a right n-lt ^it, i 'i^i'i^;;] ^v 117 to remonstrate and assert her rightSi and by force of the oritrjnal compact she is entitled to ^he aid and assistance of the independent sovereignties constituting the United States, to reinstate her in that of which she may have been deprived, by an unjust and unconstitutional exercise of power. The promptness, decision, perseverance and ability with which the Governor has executed the request contained in the last resolve, merits the encomiums and approbation of the State. If fur- ther comment were necessary, the fact that all the information which had been so long, but unsuccess- fully sought, was obtained, speaks a language mc re satisfactory to him and the State, than any thing we could add. As to the position^ taken and main- tained by the Governor, they must be in accord- ance with the views and common sense of the State, and we cannot present his discussions in a clearer or more acceptable light, than to request a fair, candid and impartial examimition of them. With these remarks and without further comment, the correspondence between him and the govern- ment of the United States is annexed. Thus we have detailed at some length, the prin- cipal facts and circumstances touching the title and the extent of the title of the State to territory and jurisdiction, from which it appears, that our title is perfect to all the territory bounded by the south- ern line of the province of Lower Canada, to wit, by the line drawn from the head of Connecticut river, along the lauds, which limit the sources 6f 118 ^^r-m the riverSj that fall into the river St. Lawrence, to the head of the bay of Chaleurs, anC we^w^rd of the line drawn due north from the source of the river St. Croix to that line, being the line de- scribed and adopted by the British Government long before the revolution and being the lines which are also described and adopted by the provis- ional, and definitive treaties of peace. — That the British government have always, directly and in- directly conceded our title, in all the negotiations and discussions on the subject prior to the discus- sions under the fifth article of the treaty of Ghent, and made no claim of title founded on any intru- sion of theirs, the ministers, who sought it as a cession, not having urged or even stated the fact, except by way of allusion, and that Massachu- setts and Maine have always exercised jurisdic- tion according to the title of Maine and have con- tinued their progress of surveys, sales and settle- ments, and other acts, and that the United States have always exercii^^ed general jurisdiction and did in 1820 exercise acts of jurisdiction as far as there was any occasion for it : — That there was no rea- son, from any knowledge in possession of the United States, until very recently, and still more recently in possession of this State, more imme- diately interested, to suppose, that, if the British Government had crossed the above described lines, she would not, as soon as the lines were surveyed, withdraw and cease to commit like acts of intru- sion ; and it has also appeared from reprcsenta- 119 tions made by the British Minister to the Secre- tary of State, " that the Lieutenant Governor of New-Brunswick had given assurances that he ' would cautiously abstain from all acts of authority which could invite encroachments as a measure of retaliation." But notwithstanding all these facts, circumstan- ces and assurances, John Baker, a citizen of the State of Maine and the United States, was arrest- ed in his own dwelling house, situated on the land he purchased of, and holds by the deed from Mas- sachusetts and Maine, on a warrant and other pro- cess served by the Sheriff of the county of York, accompanied by armed men and in '^e night time, at least before Baker had risen from his bed, and was carried to Frederickton and thrown into pri- son where ho is now confined. Processes have also been served, within our territory, on the Aroos- took, and the cattle and property of our citizens have been taken away by the civil officers of New Brunswick. Baker is charged among other things, with an intrusion and trespass on the premises he holds under Massachusetts and Maine. When the Governor of this State had received notice that the sovereignty of the State, by the officer of the government of New-Brunswick, had been violated, in the abduction and imprisonment of one of its citizens and other acts, he issued his proclamation, and commissioned an agent of the State to proceed to the province of New-Bruns- wick, to enquire into the cause of the arrest and I |(,r ■ 1120 i . f- 1 1 i 'i^i ►ft i ijL ^ the other violations of the State Rovereignty, and to demand of the Government of New-Brunswick the restoration of Baker ; all which will more ful- ly appear in the documents annexed. The Go- vernor has in this, with his usual promptness, dis- cretion and ability performed his duty to the State and its citizens. The agent in prosecution of the object of his commission proceeded to Frederick- ton the capital of New-Brunswick, and notified the government of his "hrrival and official capaci- ty. Ho was not received in his official capacity. From what cpuse that arose, whether from their own policy or their misconstruction of the power find authority of the Governor of this State, is not certain. It seems to us there would have been no objection to the recognition of the agent of this State, had his commission been only to demand a fugitive from justice, or that the Governor of New Brunswick would consider, that he was transcend- ing his power, were he to send an agent to this State to demand a fugitive from his own govern- ment. Notwithstanding he was not received in an oHlcial character, we arc happy to have it in our power to say, that he was politely received by the gentlemen of the place. The object of his agency, therefore, ho fur as it related to the arrest and imprisonment of Baker, totally failed, as it did also in some other respects. HiH official capacity embraced two objects. Int. 1'o demand a delivery of persons. , , 121 2d. To obtain public information. , , \- :: ^ If not recognized for any other purpose, he migtit have been permitted as a person authorized to in- quire into the truth of facts, important to tho rights of the people of the State and peace of tho country. u Ji^ ' * ; : From all the facts, we cannot perceive on what ground they can justify the violation of the State and National sovereignty in the arrest of Baker, on his own soil and freehold, which he holds in fee under the States of Massachusetts and Maine, and the other acts of their officers on the Aroos- took. On the ground of title they have no justi- fication, and they can only justify themselves on the ground of a possession de facto, which cannot by the acknowledged principles of law be extend- ed beyond actual occupation. In the case of Ba- ker the settlement on his lot was commenced not within even a possession de facto, feeble and slen- der as that would be ; and in relation to tho Aroos- took there is not even a possession of any kind, unless it has been acquired by the lawless depre- dations of individuals for which they have, from time to time, atoned by settlements with the agents of the State of Maine. Even the few, who have settled on the Aroostook, settled there considering it to be within this State and intending aho to settle out of the province of New-Brunswick. The course pursued by the British must be accounted for on another principle, than *^ a cautious absti- 16 w If ■ ■-' '' u » ^i M ,122 ■ . nence of the exercise of authority which could in^ vite encroachments as a measure of retaUation." When the BHtish are thus attempting to extend their intrusion and imprisoning and otherwise har- rassing by legal process citizens of Maine, they have constitutional claims on her protection ; and although Mass.achusetts and Maine from the treaty of peace have exercised the same jurisdiction over all the wild lands which had not been particularly appropriated for cultivation to this time ; if such acts are repeated it cannot be expected that Maine will be a quiet spectator. It will be her duty to enforce her laws within her own jurisdiction, and to protect her own rights and the rights of her citizens. ' ^-' . ■ :■;•• , ^ ■«? -■ ... s-yA;'>^^.\ The Government of the United States have a duty to perform towards the State, and its citizens, not less towards those who are forcibly taken from the territory, and imprisoned, than towards those who are taken from the national marine. An agent has been sent to the province of New-Brunswick who has returned, and we have a confidence that the whole business will be adjusted, and that the constitutional rights of the State and the liberties and rights of the citizens will be protected and pre- served. Your Committee impressed with the importance of the subject to this state and the United States, and approving most cordially, of the measures tak- en by the Governor, believe from the past, that the State has a well founded assurance that its best 12d interests will be protected and its constitutional rights preserved. JOHN L. MEGQUIER, REUEL WILLIAMS, JOSHUA W. HATHAWAY, JOHN G. DEANE, HENRY W. FULLER, . WILLIAM VANCE, JOSHUA CARPENTER, RUFUS BURNHAM. STATE OF MAINE. House of Representatives, Jan. 26, 1828. All which with the annexed Resolve and Docu^ nients is respectfully submitted by Order of the Committee. JOHN G. DEANE. House of Represtntatives, Feb. 14, 1628. This Report was read, considered, and unanimously accepted. Sent up for concurrence: JOHN RUGGLES, Speaker. Attest, JAMES L. CHILD, Clerk of the House of Representatives. In Senate, ^ ,. 16, 1828. This Report was read, considered, and unanimously accepted, in concurrence with the House of Representatives. - ROBERT P. DUNLAP, President, Attest, EBENEZER HUTCHINSON, Secretary of the Senate. 124 STATE OF MAINE. A Reqolve relating to the North-Et^stern Boundary. Resolved, That the Governor be, and he hereby is requested to transmit a copy of the Report of the Committee, to whom was referred so much of his communication, made tathe Legislature, as relates to the North-Eastern Boundary of this State, to the President of the United States, to the Governor of each State in the Union, and two copies to each of our Senators and Represent tatives in Congress, and each of our foreign Ambassadors ; and that one hundred and fifty copies be at the disposal of the Go* vernor^ , In the House of Representatives, Feb. 16, 1828. Read and passed. JOHN RUGGLES, Speaker.. Attest— JAMES L. CHILD, Clerk. IN SENATE, Feb. 18, 1828. Read and passed. ROBERT P. DUNLAP, President Attest—EBENEZER HUTCHINSON, Secretary/. February 18, 1828 Approved. ENOCH LINCOLN. .iC ,' / APPENDIX. Wo. 1. An Extract from the grant of James 1st, to Sir William Alex- ander, (afterwards Lord Sterling,) passed September 10, 1621. We do by these presents give, grant and convey to the said Sir William Alexander his heirs and assigns, all and singular the lands upon the Conti-t nent, and the Islands situate, lying, and being in America, within the head or promontory commonly called Cape Sable, in the latitude of forty-three degrees, nearly or thereabouts, from that promon- tory along the shore, stretching to the west to the Bay commonly called St. Mary's Bay, thence to the north by a direct line crossing the entrance or mouth of the great Bay, which extends eastward, between the countries of the Siroquois and Etche- mins, so commonly called, to the river commonly called by the name of the Holy Cross, or the Saint Croix, and to the furthest source or spring, upon the western branch of the same, which first mingles its waters with those of the said river; thence by an imaginary direct line, to be drawn or run through the country, or over the land, to the north, to the first bay, river or spring emptying itself into the great river of Canada ; and from thence run- ning to the east, along the shores of the said river of Canada, to the river, bay or harbour, commonly n- . ■ ■'' ;■ : ^^ 126 ' 4.' :■ Afl 1 i-i I/" ■' If ' ^ called and known by the name of Gachepe or Gas< pee, and from thence southeast to the Islands call- ed Baccalaos or Cape Breton, leaving the same Islands upon the right, and the Gulf of the said river or bay of Canada and Newfoundland, with the Islands thereunto belonging, upon the left ; and from thence to the head or promontory of Cape Breton aforesaid, lying near the latitude of forty- fivo degrees or thereabouts, and from the said promontory of Cape Breton, to the southward and westward to Cape Sable aforesaid, the place of beginning, including and comprehending within the said coasts and shores of the sea, and the circum- ferences thereof from sea to sea, all the lands upon the Continent, with the rivers, torrents, bays, shored, islands or seas, lying near to, or within six leagues from any part thereof on the western, northern, or eastern parts of the said coasts and precincts of the same, and to the southeast where Cape Breton lies, and to the southward thereof where Cape Sa- ble lies, all the seas and islands, to the south, with- in forty leagues of the said shores, including the great island commonly called the Isle of Sable or Sablon, lying south-south-east in the ocean, about thirty leagues from Cape Breton aforesaid, and being in the latitude of forty-four degrees, or there- abouts. '. .. All which lands aforesaid, shall at all times here- after be called and known by the name of Nova Scotia or New Scotland, in America. And if any questions or doubts shall hereafter arise upon the s. -' .*, 127 ; interpretation or construction of any clause in the present letters patent contained, th^^y shall all be taken and interpreted in the most e^ ^iiMve sense, and in favour of the said Sir Wffliam Alexander, his heirs and assigns aforesaid. Mng the sea coast unto a m'-M 1 -tr 1 128 , oertain place called Pemaquie or Pcmaquid, and so up the river thereof, to the farthest head of the same as it tendeth northward ; and extending from thence to the river Kimbequin, and so upwards, by the shortest course to the river of Canada; north- ward. And also all that island or islands commonly called by the several name or names of Matowacks or Long Island, situate, lying and being towards the west of Cape Cod and the Narrow Higansets, abutting upon the main land between the two riv- ers, there called or known by the several names of Connecticui and Hudson's river ; together, also, with the said river, called Hudson's river, and all the lands from the west side of Connecticut river, to the east side of Delaware bay. And also all those several islands, called or known by the names of Martin's Vineyard, and Nantukes, or otherwise Nantucket. "i^-.|" ICo. 3. Extract from the charter of the Province of the Massachusetts hay, in New-England, dated 7th October, 1691, Sd WilUan Sf Mary. ♦ ■ ■ ' - , ' William and Mary, by the grnce of God, King and Queen of England, Scotland, France, and Ireland, defenders of the faith, &c. to all to whom these presents shall come. Greeting: We do by these presents, for us, our heirs, and successors, will and ordain, that the territories and colonies, liftt j- ,-,#^" 129 commonly called or kaown by lue namf of iht coIoDy of the Massachusetts Bay and colony of New Plymouth, the province of Maine, and the ter ritory, called Acadia or Nova Scotia, and all that trs^ct of land, lying between the said territories of Nova Scotia, and the said province of Maine, be erected, united and incorporated ; and we do, by these presents, unite, erect, and incorporate the same into one real province, by the name of our province of the Massachusetts Bay in New-Eng- land ; and of our especial grace, certain knowl- edge, and mere motion, we have given and grant- ed, and by these presents, for us, our heirs, and successors, do give and grant, unto our good sub- jects,, the inhabitants of our said province or ter- ritory of Massachusetts Bay, and their successors, all that part of New-England in America, lying and extending from the Great River, commonly called Monomack, alias Merrimack, on the north part, and from three miles northward of the said river to the Atlantic, or western sea or Ocean, on the south part and all the lands and hereditaments whatever, lying within the limits aforesaid, and ex- tending as far as the outermost points or promon- tories of land called Cape Cod and Cape Malabar, north and south, and in latitude, breadth, and in length, and longitude, of and within all the breadth and compass aforesaid, throughout the main land there, from the said Atlantic or western sea and ocean, on the east part, towards the south sea, or westward, as far as our colonies of Rhode Island, 17 ''■■< . (.' '' till H il t f 1:1! \ 130 Connecticut, and the Naragansett country; and, also, all that part and portion of Maine land, be- ginning at the entrance of Piscataqua harbour, and so to pass up the same into the river of Newich- wannock, and through the same into the farthest head thereof, and from thence northwestward, till ouQ hundred and twenty miles be finished, and from Piscataqua harbour mouth aforesaid, north- eastward along the sea coast to Sagadehock,* and from the period of one hundred and twenty miles aforesaid, to cross over land from Piscataqua har- bour, through Newichwannock river ; and also the north half of the Isles of Shoals, together with the Isles of Capawack and Nantucket, near Cape Cod ajoresaid ; and also the lands and hereditaments ly- ing and being in the country or territory common- ly called Acadie, or Nova Scotia, and all those lands and hereditaments lying and extending be- tween the said country or territory of Nova Scotia, and the said river of Sagadehock, or any part thereof. That it shall and may be lawful for the said Go- • The following words, viz. " and up the river thereof to the Knybecky river, and through the same to the head thereof, and unto the land northwestward, until one hundred and twenty miles be ended, being accounted from the mouth of Sagadehock," as inserted in Gorge's grants (from which the descriptive part of the boundaries [of Maine in this charter is taken,) appear to have been inadvertently omitted, being necessary to render those boundaries intelligible ; and should follow the word Sagadehock, to which the asterisk is affixed. "rHH- ^ ' 131 vornor and general assembly to make or pass any grant of lands lying within the bounds of the colo- nies formerly called the colonies of the Massachu- setts Bay, and New-Plymouth, and province of Maine, in such manner as heretofore they might have done by virtue of any former charter or let^ ters patent ; which grants of lands, within the bounds aforesaid we do hereby will and ordain to be and continue forever of full force and effect, without our further approbation or consent. And so as nevertheless, and it is our royal will and plea- sure, that no grant or grants of any lands lying or extending from the river of Sagadehock to the gulf of St. Lawrence and Canada rivers, and to the main sea northward and eastward, to be made or past by the Governor and general assembly of our said province, be of any force, validity, or ef- fect, until we, our heird, or successors, shall have signified our approbation of the same. No. 4. Copy of Col. Phillipps' Commission for the Government of No- va Sootia — 1719. George by the Grace of God, &c. — To our trus- ty and well beloved Richard Phillipps, Esq. Greet- ing: I . . Know ye that we reposing especial trust and confidence in the prudence, coura^ije, and loyalty of you the said Richard Phillipps, out of our es- 132 I '.' r p . ' ¥ \\' i i 'i |i 1 1 pecial grace, certain knowledge, and mere motion, have thought fit to constitute and appoint, and by these presents do constitute and appoint you the said Richard Phillipps, to be our Governor of Pla- centia in Newfoundland ; and our Captain Gene- ral and Governor in chief in and over our province of Nova Scotia or Acadie in America : and we do hereby require and command you to do and exe- cute all things in due manner that shall belong unto your said command, and the trust we have reposed in you, according to the several powers and directions granted or appointed you by this present Commission, and the instructions herewith given you, or by such further powers, instructions, or authorities as shall at any time hereafter be granted or appointed you, under our signet and sign manual or by our order in our Privy Council, and according to such reasonable Laws and Statutes, as shall hereafter be made and assented to by you, with the advice and consent of our Council and Assembly of our said Province, hereafter to be ap- pointed. And for the better Administration of Justice and management of the public affairs of our said Pro- vince, We hereby give and grant unto you the said Richard Phillipps full power and authority to choose, nominate, and appoint such fitting and dis- creet persons as you shall either find there or carry along with you, not exceeding the number of twelve to be of our Council in our said Pro- 133 vince, till our further pleasure be known, any five whereof we do hereby appoint to be a quorum. No. 5. Draught of a Commission for the Hon. Col. Comwallis to be Governor of Nova Scotia — April 29, 1749. George the Second by the Grace of God, of Great^Britain, France and Ireland, King, Defend- er of the faith, &c. To our trusty and well ibe- loved the Hon. Edward Cornwallis, Esq. Greeting. Whereas we did by our Letters Patent under our great seal of Great Britain bearing date at West- minster the 11th day of September in the second year of our reign, constitute and appoint Richard Phillipps, Esq. our Captain General and Governor in Chief, in and over our Province of Nova Sco- tia or Acadie in America with all rights, members and appurtenances whatever thereunto belonging for, and during our will and pleasure, as by the said recited Letters Patent relation being thereun- to had, may more fully and at large appear : now know you that wo have revoked and determined, and by these presents, do revoke and determine, the said recited Letters Patent and every clause, article and thing therein contained ; and further know you, that we, reposing especial trust and confidence in the prudence, courage and loyalty of you the said lOdward Cornwallis, of our especial grace, certain knowledge, and mere motion, have (M ! 1!!k Ml 134 thought fit to constitute and appoint, and by these presents do constitute and appoint you the said Richdrd CornwalHs to be our Captain General and Governor in Chief in and over the Province of Nova Scotia or Acadte in America, with all the rights, members and appurtenances whatever there- unto belonging. 18th March 1752. The Commission given to Peregrine Thomas Hopson, as Governor of the Province of Nova Scotia is the same, mutatis mu- tandis, as that given to Edward Cornwallis, Esq. II I' -. No. 6. ^ ISxtrart from the Proclamation of the King of Great Britain, of the 7th of Octobrr, 1703, astahlishing four governments, BY THE KINO, A PROCLAMATION. Geouoe R. Whereas wo have taken into our royal consid- eration the extensive and valuable acquisitions in America, secured to our Crown, by the late definitive treaty of peace, concluded at Paris the lOtH day of February last; and being desirous that all our loving subjects, as well of our kingdoms, as of our colonies in America, may avail themselves, with all convenient speed, of the grrat benefits and advantages which must accrue therefrom to their commerce, manu- factures, and navigation ; we have thought fit, with the advice of our |)rivy council, to issue this our 135 royal proclamation, hereby to publish and declare to all our loving subjects, that we have, with the advice of our said privy council, granted oui' let- ters patent under our great seal of Groat Britain, to erect within the countries and islands, ceded and confirmed to us by the said treaty, four dis- tinct and separate governments, styled and called by the names of Quebec, East Florida, West Flo- rida, and Grenada, and Hmited and bounded as fol- lows, viz. First, the government of Quebec, bounded on the Labrador coast by the river St. John, and from thence by a line drawn from the head of that river, through the lake St. John, to the south end of the lake Nipissim ; from thence the said line crossing the river St. Lawrence and the lake Champlain in forty-flve degrees of north latitude, passes along the highlands which divide the rivers that empty themselves into the said St. Lawrence Jrom those which fall into the sea ; and also along the north coast of the Baye des Chaleurs, and the coast of the Gulf of St. Lawrence to Cape llos- ieres, and from thence, crossing the mouth of the river St. Lawrence, by the west end of the island of Anticosti, terminates at the aforesaid riv- er St. John. Representation to his Majesty with the draught of a commission for Charles Lawrence, Esq. to bo Governor of Nova Scotia. To the King's Most Excellent Majesty. May it please Your Majesty. In obedience to your Majesty's Order in Coun- ' ' ' ii ■•'?v;/ r '. •■ .- A-":' \- y, t '' ■! ■ J' cil, dated the 18th inst. we have prepared the draught of a commission for Charles Lawrence, Esq. to he Captain General and Governor in chief of your Majesty's Province of Nova Scotia, in America, which being in the usual form, we here- with humbly lay it before your Majesty, and shall prepare the necessary ihstructions fpr buK^ with all possible dispatch. • ^ ^^^^ i Which is most humbly submitted. ,,| (signed) DUNK HALIFAX, : h* - J. PITT, fwj:- r;i.:/C.:u^.^, JAMES OSWALD, ' ' ' ANDREW STONE. Whitehall J Dec. IS, 1155. ,. '.■%i. <"*. rr^ No. 7. Governor Ellis's Commission, April 1, 1761. "; George the third by the Grace bf God, of Great Britain, France and Ireland, King, Defender of the Faith, &;c. To our Trusty and well beloved Hen- ry Ellis, Esq. Greeting. Whereas our late Royal Grandfather of blessed memory, did by his Letters Patent under the Great Seal of Great Britain bear- ing date at Westminster the of in the year of His Reign, constitute and appoint Charles Lawrence, Esq. Captain General and Go- vernor in Chief, in and over our Province of Nova Scotia or Acadie in America, with all th^ Rights^ if ! d the rence, chief lia, in here- l shall ath all NE. f Great r of the d Hen- Royal Letters in bear- in the appoint and Go- of Nova Rights; 137 Members and appurtenances whatever thereunto belonging for and during His late Majesty's Will and Pleasure, as by the said recited Letters Pa- tent, relation being thereunto had, may more fully and at large appear: Now know you that We have revoked and determined, and by these Pre- sents, do revoke and determine, the said recited Letters Patent, and every clause, article and thing therein contained, and further know you that We, reposing especial Trust and confidence in the Pru- dence, Courage and Loyalty of you the said Henry Ellis, Esq. of our Especial Grace, certain know- ledge and mere motion, have thought fit to consti- tute and appoint and by these presents do consti- tute and appoint you the said Henry Ellis to be our Captain General and Governor in Chief, in and over our Province of Nova Scotia or Acadie in America, with all the Rights, Members and ap- purtenances whatever thereunto belonging. No. S. Draught of a Commission for Montague Wilmot, Esq. to he Gof vernor of Nova Scotia, dated October, 1763. George the third by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faithi &c. To our Trusty and well beloved Montague Wilmot, Esq. Greeting. — Whereas we did by our Letters Patent under the Great Seal of Great Britain dated at Westminster the day of 18 mlmmm .-it-; .V^i ' -'"I -it'-; mm |: y A 138 ■:: ■-■■,#ii in the first year of our Reign, constitute and ap- point Henry Ellis, Esq. Captain General and Gover- nor in Chief, in and over our Province of Nova Scotia or Acadie in America, with all the Rights, Mem- bers and Appurtenances thereunto belonging for and during our will and pleasure, as by the said recited Letters Patent, relation being thereunto had, may more fully and at large appear: Now know you that we have revoked and determined and by these Presents do revoke and determine the said recited Letters Patent and every clause, article and thing therein contained. And further know you, that We, reposing espe- cial Trust and confidence in the Prudence, Cour- age and Loyalty of you the said Montague Wilmot, of our especial Grace, certain knowledge and mere motion, have thought fit to constitute and appoint, and by these Presents, Wo do constitute and ap- point you, the said Montague Wilmot to be our Captain General and Governor in Chief in and over our Province of Nova Scotia, b' unded on the Westward by a line drawn from Cape Sable across the entrance of the Bay of Fundy, to the mouth of the river St. Croix, by the said river to its source and by a line drawn due North from thence to the Southern Boundary of Our Province of Quebec, to the Northward by the same boundary as far as the Western extremity of the Baye des Chaleurs : To the Eastward by the said Bay and the Gulf of St. Lawrence to the cape or promontory called Cape Breton, in the Island of the same name, including t 4 139 that Island, the Island of St. Johns, and all other Islands within six Leagues of the coast, and to the southward by the Atlantic Ocean from said Cape to Cape Sable aforesaid, including the Island of that name and all other islands within forty leagues of the coast, with all the Rights, Members and ap- purtenances whatsoever thereunto belonging. No. 9. Governor Legges' Commission. George the third, by the Grace of God, of Great Britain, France and Ireland, King, Defender of the Faith, &c. — To our trusty and well beloved Francis Legge, Esq. Greeting : Whereas, we did, by our letters patent, under our great seal of Great Britain, bearing date at West- minster, the eleventh day of August, in the sixth year of our reign — constitute and appoint William Campbell, Esq. commonly called Lord William Campbell, Captain General and Governor in Chief, in and over our Province of Nova Scotia, in America, bounded on the westward by a line drawn from Cape Sable across the entrp.nce of the bay of Fundy, to the mouth of the river St. Croix, by said river to its source, and by a line drawn due north from thence to the southern boundary of our Colony of Quebec. To the northward by the said boundary^ as far as the western extremity of the Baye des Cha- '.i^lr^tt^ 140 leuis. To the eastward by the said bay and the Gulf of St. Lawrence, to the cape or promontory called Cape Breton, in the island of that name, including that island, the island of Saint John, and all other islands within six leagues of the coast ; and to the southward by the Atlantic Ocean, from the said cape to Cape Sable aforesaid, including the island of that name, and all other islands within forty leagues of the coast, with all the Rights, Members and Appurtenances, whatsoever, thereunto belong- ing, for and during our will and pleasure, as by the said recited Letters Patent, relation being there- unto had, may more fully and at large appear; now, know you, that we have revoked and deter- mined, and by these presents do revoke and deter* mine, the said recited Letters Patent, and every clause, article and thing therein contained, and further. Know you that We, reposing especial con- fidence and trust in the prudence, courage and loyalty of you, the said FVancis Legge, of our especial grace, certain knowledge and mere mo- tion, We have thought fit to constitute and appoint you, the said Francis Legge, to be our Captain General and Governor in Chief of our said Pro- vince of Nova Scotia, bounded on the westward by a line drawn from Cape Sable across the entrance of the Bay of Fundy, to the mouth of the river St. Croix, by the said river to its source, and by a lino drawn due north from thence to the southern boundary of our colony of Quebec : To the north- 141 w'ard by the said boundary, as far as the western extremity of the Bay des Chaleurs. To the east- ward, by the said Bay, and the Gulf of St. Law • rence, to ♦he cape or promontory — called Cape Breton, in the island of that name including that island and all other islands within six leagues of the coast, excepting our said island of St. John, which we have thought fit to erect into a separate go- vernment; and to the southward by the Atlantic Ocean, from the said cape to Cape Sable afore- said, including the island of that name, and all other islands within forty leagues of the coast* With all the rights, members and appurtenances whatsoever, thereunto belonging. And we do hereby require and command you to do and execute all things in due manner, that shall belong unto your said command, and the trust we have reposed in you according to the several pow- ers and authorities granted or appointed you by the present Commission, and the instructions here- with given you or by such further powers, instruc- tions and authorities, as shall at any time hereafter be granted or appointed you under < % • signet and Sign Manual, or by our order in our Privy Council, and according to such reasonable Laws and Sta- tutes as are now in force, or siiall hereafter bo made or agreed upon by you, with tho advice and consent of our Council, and the assembly of our said Province under your government, \n such manner and form as is hereafter expressed. <■( I im fei: li m •\.''" 14g^ Wo. 10. !:; .,:r- ■•J >: -Iri ,1;.!? The act of the British Parliament of the lAth if ear of George 3/ 1774^ relating to the province of Quebec, provides as follows : That all the territories, Islands and Counties in North America belonging to the Crown of Great Britain bounded on the south by a line from the Briy of Chaleurs along the highlands which divide the rivers which empty themselves into the river St. Lawrence from those which fall into the sea ; to a point in the 45th degree of North Latitude on the eastern branch of the river Connecticut, keep- ing the same latitude directly west through Ldae Champlain, until in the same latitude it meets the river St. Lawrence, from thence up the eastern baUii of said river to Lake Ontario, thence through the Lake Ontario and the river commonly called Niagara, and thence along by the eastern and south- eastern bank of Lake Erie, following the said bank until the same shall be intersected by the northern boundary granted by the Charter of the Province of Pennsylvania in case the same shall be so inter- sected, and from thence along the said north and west boundary of ll»e Raid Province, until the said western boundary strikes the Ohio; but in cas^e the said hank of said Lakfj shall not be found to be so intersected, then following the said bank until it shall arrive at that point of the said bank which shall be nearest to the n >rthvvest nngh ot the n&id Province, of Penusylvaiiia, aud thence by a right i::' ;:: 143 line to Ihe said northwest angle of said Province, and thence along the western boundary of said Pro- vince until it strikes the Ohio, and along the bank of the said river westward to the bank of the Mis- sissippi, and north to the southern boundary of the territory granted to the Merchant's adventurers of England trading to Hudioa's Bay; and also all such territories, islands and countries which have since the tenth day of February 1763, been made part of the Government of Newfoundland, be and they are hereby during His Majesty's pleasure, annexed to and made a part of the Province of Que- bec, as created and established by the said Royal Proclamation of the 7th of October, 1763. Wo. 11, f '•• ■ f s'l I. F , f Extract from ihe British Agenfs argument before the Commis- sioners under the fifth article of the treaty of amity , commerce and navigation^ concluded between the United States and Great Bri- tain, at London, Nov. 19, 1794. By the 12th Section of the Act entitled An Act to restrain the trade and commerce of the pro- vince of Massachusetts bay and New Hampshire, and colonies of Connecticut, and Rhode Island and Providence plantatioBs in North America, to Great Britain, Ireland and the British Islands in the West Indies, and to prohibit such Provinces and Colo- nies from carrying on any fishing on the banks of Newfoundland or other places therein mentioned, 144 under certain conditions and limitations.* They say, it is provided and enacted 'that the river which emptieth itself into Passamacadie or Pas- samaqiiaddy bay on the western side, and is com- monly called or known by the name of St. Croix river be held and deemed for all the purposes in this act contained to be the boundary Hne be- tween the Provinces of Massachusetts bay and Nova Scotia. This act creates no now boundary, it merely re- cognizes, confirms and establishes the river St. Croix as a boundary between the Provinces of Nova Scotia in the patent to Sir William Alexander in 1621 ; which was agreed upon, settled, known and acknowledged, as the boundary between the Province of Nova Scotia and the territory of New England, granted to the councd of Plymouth in the year 1620, which after the surrender of their Grand Charter was the boundary between Nova Scotia and the territory granted to the Duke of York in 1664, which was recognized as the western boun- dary of Nova Scotia by the charter of WiUiam and Mary to the Province of Massachusetts bay in 1691, and which from the treaty of Utrecht in 1713, was the boundary between the Provinces of Massachusetts bay and Nova Scotia, received and established by the Crown, and known, acknow- ledged and acquiesced in by the Government of Massachusetts bay. That from the time of the passing of this act of Parliament in 1774, the boundaries of the Province Nova Scotia remained unaltered to the treaty of peace in 1783, will not, it is presumed, be denied. And it wiir not be difficult now to show that the river Scoudiac, under the name of the river Saint Croix formed a part of the boundary described m that treaty. It is sufficient here to observe, that at the time the treaty of Peace was made in 1783; the provin- ces of Quebec and Nova Scotia belonged to and were in the possession of the crown of Great Britain, and that his Britannic Majesty at that time had an undoubted right to cede to the United States of America such part of these territories as he ^night think fit, and that in making the cession of the territory comprised within the boundaries of the United States as described in the second ar- ticle of the treaty of peace, his Majesty must be supposed to have used the terms describing these boundaries in the sense in which they had been uniformly understood in the British Nation, and rer jinzud in public documents and acts of go- vernment. In this sense, and in no other, could they have then been understood, or can they now be claimed or insisted upon by the United States. In this sense, and in no other, is his Majesty bound to give the possession. Whatever river was at that time known and recognized by his Majesty and the British government as ilie river St. Croix, forming a boundary between the province of Massachusetts bay and Nova Scotia, that river, and no other, can now be claimed as a part of the Eastern boundary 19 i 4>Mmk 14a t f ■i.' re. of the United States. It is sufficient that in this ' act of parliament the river St. Croix is described by a pLrticular location and boundaries which cannot be mistaken, known to both parties at the time, and assented to on the part of the United ' States by their accepting the act and not giving r any local designation of the river which they now claim, or of any other river than that thus ascer- tuined by precise description, and known by them to have been established and at the time contem- plated by Great Britain as the boundary between the provinces^ If this principle were once departed from, there would be no check to construction on the subject, though it would be fortunate to his Majesty's in- terests if he were not thus bound, as it might be clearly shown in that case that the river Penob- scot, once indiscriminately with other rivers upon this coast called the St. Croix, was the true boun- dary, by which Nova Scotia or Acadie was ceded to his Majesty by the treaty of Utrecht, and ought in such case, by the principles of the law of na- tions to be established as the eastern boundary of the United States. ' ' i But the words in the twelfth section of the act of Parliament above recited do not in any wise re- late to, or suppose any subsisting doubts about the locality or identity of the river called or known by the name of the St. Croix river, but have refer- ence, as has been fully shown to the ancient Itm- itf of the province of Nova Scotia as established Vl I* MIL by the original grant of it to Sir William Alexan- der from King James the First, in the year 1621/ recognized in all subsequent public documeift;^ and transactions relating thereto, and claimed by the province of Massachusetts bay as their Eastern boundary under the charter of King William and Queen Mary in 1691. ,. ^ ,, ^, . ^^iS^^M^i^^^M.-^ EXTRACT, &C. «-;^^^,^^^,^^^^^ji^ The mcst accustomed and convenient rule in cases of this kind is to leave to each power respec- tively 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. If it can be shewn that this rule in the present case, can be adopted consistently with what has been shown to be the intent of the treaty, it will form an unanswerable argument in favour of a compliance with the rule, more especially if a dif- ferent construction will involve the inconveniences intended to bo avoided by so just a principle of interpretation. *' ^ *«^..^r^Trr .-*? «^ Let us , in this view attend to the words made use of in the treaty describing the first station or boundary from which a!l the other boundaries of the United States are to be traced, viz. from the northwest angle of Nova Scotia, viz. that angle which is formed by a lino drawn due north, frpm the source of St. Croix river to the highlands, which divide those rivers that empty themselves into the ^^"■- It ; :.' ^ 11.' ' I i 1 i :. Ji ;■ 1 ^^W 1 w^^ 1 1 148 » I river St. Lawrence, from those which fall into the Atlai;^^ Ocean. It appears from a map actually complied in most instances from actual surveys, an authentic copy of which is now before the Boi^rd, that a line drawn due north from the source of the Cheputnatccook River, or northern branch of the River Scoudiac or St. Croix will not intersect the highlands here described, but will intersect the River Restigouche, which empties itself into the bay of Chalours, which falls into the Gulf of St. Lawrence, and will also intersect the Metabediac lake which is the head or source of a river like- wise falling into the bay of Ciialcurs. In addition therefore to the argument drawn from the inconve- nience resulting from its cutting olF the sources of theie rivers, which discharge themselves withip the British territory upon the sen coast; the source of this branch of the Scoudiac or St. Croix, can- not bo the source intended by the treaty of peace, bocauso in such case we cannot arrive at the northwest angle of Nova Scotia, which is the first bound or station upon which the other boundaries depend, as they must be traced from thence, that ii to say ♦ that angle which is found by a hue drawn duo north from the source of bl. Croix river to the highlands which divide those rivbrs that enipty themselves into the river St. Lawrence from those which fall into the Atlantic ocean.' For, if the fact bo as above stated, should a line be traced duo north from the source of the Cheputnatccook, if the kigh lands io ruch case are on this, side or 149 to the southward of the river Restigouche, they will divide, -the rivers that fall into the Atlantic ocean, or bay of Fundy, from those that fall into the gulf of St. Lawrence ; if they are between the river Restigoucho and the Metabediac lake ' they will divide the rivers which from different sources unite and fall into the Gulf of St. Lawrence, if they are beyond this lake, they will divide the rivers which fall into the Gulf of St. Lawrence^ from those v/hich fall into the river St. Lawrence ; the requisite angle therefore will not be found upon this line. But if a line is tfaced due north from' the source of the western or main branch of the river Scwidic or St. Croix, it will run to the westward of the sources of all the rivers that fall into the Gulf of St. Lawrence and will strike the highlands which divide the rivers that fall into the Atlantic Ocean from those which empty themaelvos into the river St. Lawrence and consequently give the requisite angle or first bound. . .ai 4 ■li '^■+:« Hi t i'i ¥' ,1 162 published before the year 1783, although the sources of the river Saint Croix are very inaccurately laid down, still it is very uniformly made to terminate in a lake near the eastern branch of the Penobscot, and a line drawn north from that termination upon those maps, will not intersect any of the rivers which empty themselves into the sea to the eastward of the' mouth of the river Saint Croix except the river Saint Johns. This furnishes an unanswerable argument so far as any fair con- clusions can be drawn from those maps in proof not only that the river Scoudiac, is the true ancient , river Saint Croix and consequently intended by the treaty of peace under the name of Saint Croi^x, but that its true source, is upon that western brandh ^in a lake, near to an eastern branch of the river Penobscot. ., , ■ s. ., » If then there were [£ny doubt remaining which is .the true source of the river Saint Croix from which the line due north to the highlands is to be traced, the inconveniences above mentioned would form the , strongest argument, against a decision from which they would result, and in favour of that by which they will be avoided ; much more so when the lat- ter decision will correspond with and be supported ,by so many other xncontestible proofs and argu- ments clearly establishing the river Scoudiac to the source of the western branch, to bo the river St. * Croix truly intended under that name, in the trea- ^ ty of peace and forming a part of the boundary therein described ; and the northwest angle of No- I i'\- 153 va Scotia mentioned in the same treaty to be form- ed by a line drawn due north from that s( arce to the highlands described in the treaty. Whether therefore we follow the words of the grant to Sir William Alexander, by which we must be at all events concluded; or follow the main branch of the liver retaining the same name ; or are p^overned by the uniiorm decision of geograph- ers and historians of credit upon the subject, and the rules and principles of the law of nations for the interpretation of treaties, we shall be led to the same place as the source of the river from which the line due north must be traced to the northwest angle of Nova Scotia. But even if it had not been kr.own at the time of the grant to Sir Wm. Alexander that this river had two branches, and the grant had been expres- sed generally, to the furthest source of the river St. Croix, still the main branch, or that retaining the name of the river at its mouth must have been followed to its source, not only to satisfy the words of the grant, but to give it its intended construc- tion and operation. It clearly appears to have been the intention of the grant to give as large n territory to be erected into the province of Nova Scotia as the river St. Croix could give by tracing a line due north from its source to the great river of Canada, and it is ex- pressly provided in the grant, contrary to the gen- eral rules for the construction of the Kings grants that if any questions or doubts should thereafter 20 •'•-r!P!ftl ).ni;»nHBbsi'ir' 154 i:,.*.- ^'^ M. f *' arise upon the interpretation or construction, of my clause contained in the grant, that they should all be taken and interpreted in the most extensive sense and in favour of the said Sir William Alex- ander. Having traced the original boundaries of the province of Nova Scotia, to the farthest source or spring of the river St. Croix, upon the western branch thereof, and thereby found the utmost wes- tern limits of the province, it remains only ta dis- cover its uimost northern limits in order to ascertain the northwest angle we are in search of. The province of Nova Scotia at the time of the treaty in 1 783, was, as has already appeared bounded to the northward by the southern boundary of the province of Quebec, which boundary was establish- ed by the royal proclamation of the 7th October, 1763, and confirmed by the act of the 14th Geo. 3 C. 83, passed in the same year with the act of parliament already cited, by which it is enacted that all the territories, islands and countries in North America, belonging to the crown of Great Britain bounded on the south by a line from the bay of Chaleurs along the highlands which divide the rivers that empty themselves into the river St. Lawrence, from those which fall into the sea to a point in forty-five degrees of northern latitude on the eastern bank of the river Connecticut, &c. ^)e annexed to, and made a part and parcel of the province of Quebec. !!' ,1 ill 155 As then at the treaty of peace in 1783, the north- ern Hmit of the province of Nova Scotia, was " a Hne along the highlands which divide the rivers that empty themselves into the river St. Lawrence, from those which fall into the sea," «i unquestion- ably follows^ that the northwest angle of Nova Sco- tia, at the time of the treaty of peace in 1783, was that angle ivhich was formed by a line drawn due north from the source of the river St. Croix to those highlands. If we now compare this angle with the northwest angle of Nova Scotia, described in the treaty of peace, viz. : that angle which is form- ed by a line drawn due north from the source of St. Croix river to the same highlands, can it be said with any degree of propriety, that " the Units and boundaries of the province of Nova Scotia were unknown at the time of the treaty of peace in 1783, and that it therefore became necessary to give it a western boundary by the treaty itself, in these words, to wit : that angle which is formed by a line due north from the source of the river St. Croix to the highlands ?" Can it be believed, or for a moment imagined, that in the course of human events, so exact a co- incidence could have happened between the ac- tual boundaries of the province of Nova Scotia and the boundaries of it described in this treaty, if the latter had not been dictated and regulated by the former ? Can any man hesitate to say he is convinced that the Commissioners at Paris in 1783. in form- ;■*- 156 ■ !■■ "f- . ill '.Mi i -,. • ,i lf!;.f: -.K : vii :; I? m m^ i''i Iril: mg the second article of the treaty of peace, in which they have so exactly described this north- west angle, had reference to and were governed by the boundaries of Nova Scotia as described in the grant to Sir William Alexander, and the sub- sequent alteration of the northern boundary by the erection of the province of Quebec ? Will not this conviction become irresistible, when he adverts to the reservation made to his Majesty in this article of the treaty, " of such Islands, as then were, or theretofore had been, within the limits of the said province of Nova Scotia, and to the islands included and comprehended within those limits as described in the grant to Sir Wil^ liam Alexander, some of which might have belong- ed to the United States, as lying within the hmits of those states, but for the exception of them in the treaty ? Let us now compare the western boundaries of the province of Nova Scotia, granted to Sir Wil- liam Alexander, with the corresponding eastern boundaries of the United States. As the river St. Croix is not included in the grant to Sir William Alexander, as stated by the agent of the United States ; and as it was not intended to be included, because as has been made to appear, this river St. Croix was an agreed boundary between the pro- vince of Noya Scotia erected by this grant, and the territory of New England, granted to the grand council of Plymouth, it follows that the line of this grant to Sir William Alexander, must legally be 167 construed to run through the middle of the river, the river not being assigned inclusively to either territory. Upon this principle then, this part of the west- ern boundries of the province of Nova Scotia, in the grant to Sir William Alexander, will be a north line, across the mouth of the bay of Fundy, to the river commonly called by the name of the St. Croix, and through the same, to the furthest source or spring upon the western branch thereof, includ- ing and comprehending all islands within six leagues to the westward northward and eastward, and with- in forty leagues to the southward of any part of the premises described in the grant. And the corresponding eastern boundary of the United States, by the second article of the treaty of peace, is, " a Hne to be drawn along the middle of the river Saint Croix, from its mouth in the bay of Fundy, to its source, including such islands as then were, or theretofore had been, within the limits of the said province of Nova Scotia," ^referring to the province of Nova Scotia, of which the northwest angle before described was made the first station or boundary, from which the boundaries of the United States were traced. As it has already been shown that the source of this river Saint Croix, otherwise called Scoudiac, upon the western branch, and near to a branch of the Penobscot, to which there is a portage or car- rying place from it; the same place is evidently contemplated as the source from which the line W''^ 158 I .1.1 T <■ ' I I'll li due north to the highlands, is to he drawn, both in the grant to Sir WilHam Alexander, and ia the 2d article of the treaty of peace ; and consequently this part of the western boundary of Nova Scotia in the grant, is precisely the same with the corres- pondinjT eastern boundary of the United States in the treaty. Thus the first principle stated in this argument is established beyond all contradiction, * that by the second article of the treaty of peace, it was intend- ed that no part of the province of Nova Scotia should be thereby ceded to the United States, but that the province of Nova Scotia according to its ancient limits, should be and remain a part of the territories and dominions of his Majesty, as his Majesty had before that time held and possessed the same.' And this principle being established, the neces- sity of examining into and ascertaining precisely the ancient boundaries of the province of Nova Scotia, in the manner that it has been done, is clear and obvious, and the result of that examination compared with the boundaries in the treaty of peace, thus serves in its turn to confijrm the prin- ciple. This principle being evident from the words of the treaty of peace itself, no explanation of the treaty, by either party, inconsistent with this true and obvious intention of it, can be received con- sistently with any of the rules and principles of the laws of nations, universally acknowledged and ad* 159 4Viitted obligatory in such cases, as has already been made to appear, and will be more fully shown, in a more particular reply to the arguments advanced in support of the claim of the United States. From the foregoing facts and arguments, ihe under-written agent feels himself warranted in con- cluding that the river Scoudiac, is the river truly intended under the name of the river Saint Croix, in the treaty of peace, and forming a part of the boundary therein described ; and that the nortli- west angle of I^ova Scotia, intended by the treaty, is that angle which is formed by a line drawn due north from the furthest source Oi spririr; of the western or main branch of the Scoudiae,, to the highlands described in the treaty. As the final declaration to l>e made by this honourable board, deciding what river is the river Saint Croix intended by the treaty of peace, must particularize the latitude and longitude of its mouth, as well as of its source, it may be proper and per- haps necessary in this place, to say a few words respecting the mouth of the river Scoudiac, which has been so fully proved to be the river Saint Croix, intended by the treaty. By an inspection of the plan of the surveys now before the Board, it will appear, in conformity to Champlain's authority, that its proper mouth, is where it empties itself into that part of Passama- quaddy bay which was formerly called the bay of Saint Croix, and is now called Saint Andrews bay ; and this mouth is traversed by a hne drawn from i'i.'*'; 1,1 160 lifi ,i; 'i,' :' v^ a' ' 1(1 ■ 'i - the north point of Saint Andrews harbor, common- ly called Joe's point, across the river to the oppo- site point upon the western shore near to the place where Mr. Brewer now lives. In conformation of this, the Indians produced and examined before the Board, as witnesses on the part of the United States, have testified that from Brewer's upwards, the waters are called Scoudiac ; and from thence downwards, Passamaquoddy bay. And the author of the history of the district of Maine, also speaks of the proper mouth of this river as being at or near St. Andrews, where he Bays, " the English now possess the country as far west as the east bank of the Scoudiac at its mouth." It being established that the river Scoudiac, under the name of the river St. Croix, made a part of the original boundaries of the province of Nova Scotia, and continued to be a part of its western bodiidary at the time of the treaty of peace in 1783, it may be proper now to inquire viUether that province has in fact, exercised its jurisdiction agreeably to those limits ; and to ascertain this fact, as far as it regards this western boundary, wc can go no further back with any degree of accu- racy, than the treaty of peace in 1783; for pre- vious to the war, immediately preceding that pe- riod, this part of Nova Scotia, or Acadie, had been with little interruption, in the hands of the French, notwithstanding the treaty of Utrecht, by which it was fully ceded to Great Britain. ■& i ■ vi' l&l Tbo whole country coming mio the possession of his Britannic Majesty, by the treaty of 1763, we are from thence to date our enquiries respect- ing the jurisdiction, in fact exercised oyer this part of the country, down to the peace in the year 1783.:!; -.,.^A ^.. ■/: The boundaries of the province of Nova Scotia, as described in* the commissions to the Govern- ors of it, from his Majesty during that period, con- formed as we have seea to the boundaries of it, as described in the grant to Sir William Alexan- der, without any material variation, except the al- teration of its northern limits occasioned by the erection of the province of Quebec. „«,^^^ j^,„,^ Copy of ik$ declaration executed by th Commissionen-^vvi. By Thomas Barclay, David Howell, and Egbert Bendon, Commissioners appointed in pursuance of the fifth article of the treaty of amity, commerce and navigation between his Britannic Majesty and the United States of America, finally to decide the question ' what rivor was truly intended under the name of the river St Croix mentioned in the treaty of peace between his Majesty and the Uni- ted States, and forming a part of the boundary (herein described.' ' -i^'-"^" iMiii ,1 i" IH Hi 162 <«■.'. 'yt >wi'- Jt^i A. UUmiARATION. •^MtHi^- I.Ufa,*J»-. 3 ' ■ • I' i^ Wc, the said Commissioners, having been sworn < impartially to examine and decide the said ques- tion according to such evidence as should respec- tively be laid before us on the part of the British government and the United States,' and having heard the evidence which hath been laid before us by the agent of his Majesty and the agent of the United States, respectively appointed and author- ized to manage the business on behalf of the re- spective governments have decided, and hereby do decide. The river herein after particularly dencribed and mentioned to be the river truly in- tended under the name of the river St. Croix iii the said treaty of peace and forming a part of the boundary therein described. That is to say, the mouth of the said river is in Passamaquaddy bay at a point of land called Joe's point, about one mile northward fruiu the northern part of Su An- drews Island, and in the latitude of forty-five de- grees, five minutes and five seconds north, and in the longitude of sixty-seven degrees twelve min- utes and thirty seconds west from the Royal Ob- servatory at Greenwich in Great Britain, and three degrees fifty-four minutes and fifteen seconds east from Harvard College in the University of Cam- bridge in the State of Massachusetts, and the course of the said river, up from its said mouth, is north- erly to a point of lund called the Devil's Head, then turning the said point, is westerly to where it divides into two streams, the one coming from 163 the westward and the other coming frorai the north- ward, having the Indian name of Cheputnatecook or Chibniticookt as the same may be variously spelt ; then on the said stream so coming from the northward to its source, which is at a stake near a yellow birch tree, hooped with iron, and marked S. T. and J. H. 1797, by Samuel Titcomb and John Htirris, the surveyors employed to survey the abotementioned stream coming from the northward. And the Sftid river is designated on the map hereunto annexed and hereby referred to, as farther descriptive of it Iby the letters A B C D E F G H I K and L. The letter A being at its said source, and the course and distance of the said source from the island at the confluence of the abovementioned two streams is, as laid down on the said map, north five degrees and about fifteen minutes, \yest by the magnett about forty-eight miles and one quarter, o.tmi .viytt In testimony whereof, we have hereunto set our hands and seals, at Providenpe, in the State of Rhode Island, the twenty-fifth day of October, in the year oue thousand seven hundred and ninety-^ eight* '"" '■ f' '*rt'v» .-'*•<.. .•t-»,.»ffL..vi ,»*»».« ifs ' f..i''h (signed) THOMAS BARCLAY, L. S. Hv.t . , DAVID HOWELL, L. 8. \^ EGBERT BENSON, L. «.^ Witness, Edward Winslow, Secretary to the Com- missioners. .'i.^,»' ' ViilU l-i' ' ♦s'lli.i/" i: t . ■,!•'/?•-■' m ") f ' I Villi 10m i 164 f.^f' ■ m 'i ■ If ^w II ii , 1 fv i ' 1 6\]>j>^ of unexecuted Declaration. ^ /By the Commissioners appointed in pursuance of tlie fifth article of the treaty of amity, com- merce and navigation between his Britannic Ma- jesty and the United States of America, finally to decide the question. What river was truly intend- ed under the name of the river St. Croix, mention- ed in the treaty of peace between his Majesty and the United States, and forming a part of the boun- dary therein described.' ii*-'«^l ;> ', • V- ^r fv m «yf)i f .f^f%i»»s4*'^ ■ •^' f^-v^'>" '*'*♦•■ ♦•'^''.'^ '''■"*' >"'^" '■ ■>- ' ■■y^^ .*l .i,ss. ^ t .' DECLARATION. . , , , > ,.., ""^ We, the said Commissioners, having been sworn impartially, to examine and decide the said ques- tion, according to such evidence as should respec- tively be laid before us, on the part of the British Government and of. the United States, and having' heard the evidence rhich has been laid before us by the agent of his Majesty and the agent of the United States, respectively appointed and autho- riiied to manage the business ir . behalf of the re- spective Governments, have decided, and heruby do decide, that the river described as follows, viz: The source of it is where it issues from the lake Ge- nesagranagrumsis, one of the Scoudirc lakes, and distant about five miles and three quarters, in a di rect course from where the Cheputnatocook fails into it, and about twenty miles and a half, also on 165 a direct course from the point of land called the DeviPs head, and from its said source, as far at least as to the said point of land, it has the Indian name of Scoudiac, and its course for that extent is easterly, and then turning the said point and leav- ing Oak point bay on the north, its course is soutli- erly to its mouth, which is where it empties itsftVf into Passamaquaddy bay, at a point of land called Joe's point, about one mile northerly from the north- ern point of the island of St. Andrews, and in the lat- itude of forty-five degrees, five minutes, and fitre seconds north, and in the longitude of sixty-sev^n degrees, twelve minutes, and thirty seconds west, from the royal observatory of Greenwich in Great Britain, and three degrees and fifty four minutes and fifteen seconds east from Harvard College in the University of Cambridge, in the State of Massa- chusetts, is the river truly intended under the nane of the river St. Croix, mentioned in the said trea- ty of peace, and fonning a part of the boundary therein described, and the map of it hereunto an- nexed, is hereby referred to as further description of it. . j ■.■- — . , •.- ■■'^i^-'. J i In testimony whereof w© have hereunto set our hi^nds and seals, at Prov.J jnce, in tlie State of Rhode Island, the day of in the year, ooe thousand seven hundred and ninety-eight. Providence, October 23rf, 1798. Sir — ^I have considored with atterri*^ i youi let- ter of this day, and it appears to me evident that the adoption of the river Cheputnatecook [ -i part '■■pi mi Mm iU m n II, ! '. :|l i 16& of the boundary between his Majesty's American dominions and those of the United States, in pre- ference.) to a Hne drawn fwvn. the easternmost point of the Scoudiac lakes, would be af tend od with con- siclerabie advantage. It wculd give pd addition of territory to the povince of Neir Brae A'ick, to- gn3 concurrence of the Commissioners in this measure, I am of opinion, that you will promote \m Majesty's real interest, and I will take the earliest opportunity with a view to your justifica- tion of expressing these my sentiments, on the sub-- ject to his Majesty's Secretary of State. , ' '; • i I have the honor to be, > .^v; »'>>•• | j-u ,;. ; .'With great truth and regard, ^ . • . ! ' -^i' ^ir, your most obedient sH n ij f S rr^ffh-^ «4s 'Humble servant, (Signed) ROBERT LISTON. WARD CHIPMAN, Esq. : 'i.'.'-i '•). IVo. 14. I>r»s: TitlW^rom the Governor of 'ft-ne, to the Secretary nf StcAe ' the ^d States. • ' "'■ ^'' '"'^ " Portland, '2X)th March, \Q%. ^m : Having 1? = ^ i' honour to receive your let- ■ t; \: ' i"^ 7:'"*'f ' " . --■■ ^ . 167 ter of January 29th last, I transmit, in reply, the accompanying* Report and Resolves, relative to the northeastern boundary of the State of Mains. The attention which you have heretofore paid to the adjustment ot the United States' boundary, especially in another part of the Union, assures me, that you will receive the documents, 1 have men- tioned, with that interest to which they are entit- led. With the confidence which belongs to the patriotic and paternal character of the govern- ment of the Union, and without complaining of it, in any particular, I may be permitted to say that the growing importance of the country claimed against the United States and Maine, carries along an increasing desire to have an open or confiden- tial developement of the material facts. The Report and Resolves contain the evidence of the present disposition and purposes of the State, which will receive my official co-operation with the same zeal and fidehtv that wi'l cheerfully be applied, if requisite, in aiding to carry into ef- fect any federal measure applicable to the protec- tion of the rights in question. The anxiety of a •=^overeign State to possess the documents, (or co- pies of them,) which contain the evidence of a ti- tle to soil and of a jurisdictional authority which it will, under the United States, maintain, if it si^all discharge its duty either to those States or to itielf, will be duly appreciatcjd by yourself and h) the President I . ) i- 1 i. ti L-tU ^ it \ii-: . il J Seo Iicsolves of Maine, pagr r>T' isiS ■ '■^'■mrmi -» ^^ n^:m 168 ' While that anxiety is here entertained by all the citizens, it is not only with reference to an impor- tant local concern, but is connected with their in- clination to a harmonious action with all who con- sent to admit of it. In pursuance therefore of the Resolve of the Legislature of Maine, I have the honour to liolicit such information, relative to the northeastern boundary of that State, as the President may deem proper to consent to have communicated. It is also my duty to add, that great benefit will be derived from an early deter- mination of a claim harrassing to the State, in- terrupting its best pursuits, threatening to some of its best hopes, and believed to be unfounded. « No. 15. i .1 ii 1. -,. i. ... 1 !■■■; ■ i H i^ Ketterfrom the Secretary of State of the United States, to the Governor of Maine. 4 Washington.'ilthof March^X^i. Sir : I have to acknowledge the receipt of the letter which your Excellency did me the honour to address to me on the 20th instant, with a copy of the Report of the joint select Committee of the Senate and House of Representatives of the State of Maine, enclosed, both of which I have submit- ted to the President. The deep interest, which is taken by the State of Maine in the settlement of our northeastern boundary with Great Britain, 169 is very natural. And 1 assure you that it is a sub- ject on which the President feels the most Uvely solicitude. Mr. Gallatin is charged with, and has actually entered on, a negotiation concerning it, but which was not brought to a close at the last dates from him, nor is it probably yet terminated. At that period, the prospect was, that there would be no other alternative than that of referring the difference between the two governments to arbi- tration, according to the provisions of the treaty oT Ghent. Much difficulty was experienced even in adjusting certain preliminary points necessarily connected with the reference, and they have not yet been finally arranged. . When an application was made, during the ses- sion of Congress prior to the last, by the Sena- tors of Maine, for copies of all the papers in this department respecting the disputed boundary, it was not deemcc* expedient to furnisl' copies of the reports and arguments of tiie Comm'^.^-DuerB, the publication of which, it was believed, would be prejudicial. Copies of any surveys, maps, or doc- umentary evidence, nere offered. The same con- siderations, which then existed, are still believed to be opposed to letting copies go from this de- partment of those reports and iirguments. With that exception, copies of any of mo other papors returned by the Commissioners will be furnished whenever application is made for them. It IS stated in the report of the joint select com- mittee 'iiat ' wc cannot view the acts complained :i2 -m i< ' tM 4? all 170 Sl'^i;''! r-st ''Kr; p. ;; rr'i' i I jfV :'^frt ilii !«■ t of by the British governmeQt as encroachments upon the rights of Ncw-Brunswtek or Great Bri- tain, for they relate and were only intended to re- ]a 3 the territoi'y within the description of the treaty.' Although the President might be dispos- ed entirely to coincide in this opinion, with the State of Maine, it must not be forgotten, that an Opposite opipior^ is entertained by Great Britain, with whom we are now treating. If, whilst the controversy is unsettled, and during the progress of a negotiation, each party proceeds to take pos- session of what he claims to belong to him, as both assert title to the same territory, an immediate col- lision is unavoidable. The British government has abstained, according to the assurances, given through their minister here, from the performance of any new acts which mighv be construed into an exercise of the rights of sovereignty or s<: ! over the disputed territory ; and they so abstained on our representation, and at our instance. Under these circumstances, the President continues to think, that it is most advisable, that we should practice the like forbearance, as recommended in the letters, which I had the honour of addressing to your Excellency on the 4th January of the last, and the 29th of January of th<5 present year. This mutual forbearance, is believed to be essential to the ha aonv between the two countries, and may have ii lave arable tendency in the amicable adjust- ment of the difference between them. It is worthy also of consideration, that, although 171 Maine is most, she is not the only Statp, interested in the settlement of this question. / ,, ^,^.^ Your ExceHpncy may be perfectly persuaded, that every effort will be employed to obtain a sat- isfactory, and as speedy a decision of this matter, as may be practicable ; and that not less atten- tion will be paid to it, than has been shown on the part of the Executive of the United States in the adjustment of their boundary in another part of the Union to which you refer, whilst it is hoped that some unpleasant incidents, which occurred there, may be arvoided in the northeast. I transmit herewith, for the consideration of your Excellency, an extract from a dispatch of Mr. Gallatin, under date the 30th October last. No. 16. t m 1 -} : - Letter from the Governor of Maine, to the Secretary of State of the United States. Portland, 18th April, 1827 Sir, — I had the honour to receive your letter, bearing date, March 27th, ult. to which it is my duty, as the only organ of communication of the people of Maine, at this time, and on this occa- sion, to reply. ^ . The rights to which my care will appear to you, tp be now directed, are not, as I trust, jeopardi- zed ; but they are so interesting, as to demand the sedulous attention of those functionaries qf this % 172 n .(': mm ;!l-i i': Hi !,■ State, who are placed in relation^ which enable them to represent, through you, to the President, the feehngs and principles requiring of Maine its special regard, and which may be respectfully of- fered to the country and the administration. Without bringing the subject to that test of deep and general anxiety, by which, in a certain con- tingency, it must be tried at last, I shall offer a frank and sincere reply. The extracts from Mr. Gallatin's communication, with which you favoured me, being the foundation of som-e of your remarks, allow me to advert to a view of the subject, to which he informs you he was led by procedures of the Legislature of New-' Brunswick. I now refer to what he has said as to propositions of compromise by Agents of Maine and Massachusetts, relating to the boundary line. The danger of inferences, under such circum- stances, from the * proceedings of the Legislature of New-Brunswick,' is so evident that you will not be surprised by a denial of their correctness. Assenting to the idea that ' propositions on our part, inconsistent with our construction of the treaty, and which would not secure to us all the waters which empty into the St. Johns, west of the line running north from the source of the St. Croix, would be dangerous,' and being also prepared to admit that Maine would be jnconsistent and unjust to herself in making sucti propositions, I shall satisfy you that she has not been off her guard in the manner, which called forth your friendly inter- •S' %i 173 vention. — And first, allow me to assure you, that there is no occasion for alarm on the part of the Administration or its Minister in England, that Maine will jeopardize the common welfare, by fail- ing to insist on the justice and indefeazible cha- racter of its claim, or by shrinking from a firm as- sertion in any alternative. The agents whose supposed acts ' would seem, from certain proceedings of the Legislature of New Brunswick,' to have been as incautious as is re- presented, had no authority to propose any com- promise as to our boundary, and if any was offered, it was officious and unwarrantable, but I am enabled to inform you that the affair has been misrepre- sented to Mr. Gallatin, and 1 should offer the proofs of the correctness of this assurance in de- tail, if I did not believe it improper to pursue the consideration of inofficial acts, and of statements ill-founded, or if otherwise, inconsequential. Grate- ful, therefore, for the attention evinced b^ caution he has given, however unnecessary will receive it as the pledge of his vigilamr ability. In concluding, as to this point, let me foriil) y .'• against any apprehension that Maine will yield too much by declaring to you plainly, that it is not be- lieved that either the treaty making or executive power of the United States extends to the cession or exchange of the territory of any State, without its consent; and that for a stronger reason, no Stat« can barter that, domain in which the union If ItSi Ill isiiir' ' mm iiHttli!! 174 I ■ H |i ^n has also an interest, and that jurisdiction which the highest political duty requires it to exercise. Maine will, surely, I believe, so far maintain these principles, as to warrant a reliance against indis- creet and unconstitutional concessions and a con- ^dence in the application of her means to the re- pulsion of aggression. I have full reliance npon hei disposition and ability to render the President all the aid which can be desired against the un- founded and presumptuous claims made equally against her and the Union, to promote an object suggested and supported only by an ambition and cupidity, which, although natural, is nevertheless on our part altogether objectionable. If these views shall not satisfy the President, of the confidence to which Maine is entitled, as to the assertion and defence of ler rights, I shall with pleasure offer those furth;3r proofs which I omit at present, only from the desire of engaging your indulgence for a few additional observations. It was with imich regret, not unmingled with mortification, that I considered your denial of the use of the reports and arguments of the Commis- sioners under the treaty of Ghent. From the want of that information which it was hoped the United States would yield to a party having the same in terest with themselves, and only desirous to sus- tain them, it is assumed that there are reasons for your decision, through which that respect will be commanded, now from great defer ice, proffered in anticipation. Wishing to act in full coincidence ■1 175 with the views entertained by the federal adminis- tration, the State must be bound to believe in a mutual regard, and to endeavour to avoid any em- barrassing applications on her own part, but it may not be unsuitable for her to expect a degree of confidence in return. All that forbearance which the occasion re- quires, v/ill, as I may safely assure you, be exhibit- ed by this State. While her extensive and valua- ble tracts of wild land, which might otherwise soon be improved, remain unsettled : — while her pro- gress in wealth and power is checked in a most disastrous manner, at the period most favourable to giving an impulse to her prosperity : — while many important resources are left dormant during the pendency of the dispute as to her property and ju- risdiction : — while a frontier, which might soon be made strong, remains unfortified by the freemen anxious to occupy it, she will, I doubt not, forbear on the request of the general government, until the imperious call of duty shall summon her to oc- cupy her inheritance. Seeking to promote, by all suitable concessions, the nniicable adjustment you refer to, she v,ill only withdraw her deference and submission, when a claiun unjust in itself, may seem to expose a portion of her territory to incor- poration with a province. — With this spirit of for- bearance, she iias sought information only as to an interest vital to herself, as well as important to the country, without any purpoee calculated to excite distrust, with only such patriotic views as have i.m il' ■ .11 ;' 176 t. rendered the refusal to comply with her request, a subject of that species of surprise, which a friend, predetermined to take no offence, feels when he is not treated with correspondent confidence. Maine, Sir, was with great difficulty introduced into the Union ; but, if I recollect rightly, the ar- guments which were used, she was introduced as a Bovcreign and Independent State. As a free, sovereign, and independent republic, may wo not be permitted to have communication with the authorities of the union, or do they mean that we shall submit implicitly to their direction, however wise it may be, at the same time that they declare their conviction of the propriety of with- holding information ? The general concerns of the Union, are of course communicated only to the whole, but that which relates to a particular com- munity, where its daily intercourse demands infor- mation, wjcms to warrant the request I have made, and which I am reluctantly impelled to renew, with this modification, that any communication, made in return, will be received, if so required, Hubjcct to a restriction on publicity beyond a com- munication to the Legislature in the usual terms of confidential conununications. If the President will not consent to this, we must yield with the defer- once we owe to the station he holds, to the claims he has on our affections and confidence, to the in- formation lie possesses, and the prudence he dis- plays to any extent within which the absolute and indcfcaHiblc rights oi' iMainc, may not be compro 177 mitted. Will you permit me to add that, an to all beyond that, this State may probably claim the right to use her moral and physical energies as she may be directed by the future emergencies ; and I am sure, if her good will shall impel her, with power enough to sustain her right to soil and ju- risdiction, wherever she may probably claim them against any probable foreign and arrogant ansump- tion ; especially with the aid of the general govern- ment. 1 do not wish to weary your patience by urging the particular arguments which might sustain my proposition. It is true. Sir, that Maine is not the only State interested. The Union is intorostod, and each State is severally interested in having a powerful community on our northeastern bounda- ry, which may, like New-York, in the last, be the pride and defence of the nation in the next war. Whenever again there shall be a struggle between the navies and armies of this republic and Groat Britain, the positioPx of Maine will require activity, strength, and confidence. She will be exposed to a large portion of danger and suffering, and will be, I hope and believe, resolute to acquire the glory to which such exposure, with unimpaired means, will invite her. Pohtically peninsulated, with three foreign go- vernments pressing upon her borders, with the high ambition inspired, and the high responsibility cre- ated by her destination, can it ho, believed that »he will relinquish her resources, suffer hor land 23 H /I m 178 laM*fi3 ;. ♦ marks to be removed, and yield to a most pre- sumptuous arrogation of a foreign power. I trust you will more highly appreciate her intelligence and spirit than to imagine that so degrading and pernicious a surrender can be consented to by her. But, is she authorized even to consider this ques- tion, and to determine the extent of her municipal jurisdiction, i;nd that of the territorial limits within which she will exercise it ^ If a mandate of the Executive of the United States, under an act of the treaty making novver, is, upon principle, im- perative, she ought to be silent and passim- ^ ; but if not, however confidently she may rely . ^ hor safety, as guarded by wisdom and patrb ism, she ought to announce her wishes and her principles. While under treaties with Great Britain, the boundary in dis?pute has been settled, the difficulty has occurred only as to the application of the rule in those treaties contained, to the surface of the ground. The right, to the full extent of the first treaty is perfect. It was not created by that trea- ty, but its existence was prior to it, and no sur render could have then been made without the consent of the proprietor end the sovereign. No surrender was made, and there is not a moral or political, in other words, a governmental force, suflScient to change the true, honest determination of the land-mark. And there is nothing but soph- istry, and that ignoble spirit of compromise, which exists not in this republic, which will consent to the obvious and monstrous lialsehoods to which am- 179 bitious and artful pretensions have led the enemies of Maine. In regard to the sentence which you have ex- tracted from the report of the joint select commit- tee, as it contains a sentiment approved by the Le- gislature, and acquiesced in by the people, I shall trouble you with a brief comment in regard to it. It rests upon the idea before suggested that Maine, with Massachusetts, has a perfect title in the dis- puted territory, and that the former State, has a vested, indefeasible jurisdictional control over it, the exercise of which it may irresponsibly apply. It is a proposition which has been demonstrated by yourself so clearly, as to have commanded gen- eral respect, that the abstraction of the territory of the United States, cannot be made by the treaty making or executive power. Much more then must the domain of a State within its acknow- ledged limits be sacred, and much more and more is it evident, that neither department of the fed- eral government, nor all, can bo the exclusive and final arbiter as to the ascertainment of a bounda- ry already established in description ; because, if one department, or all, have this power, they may ascertain the line falsely, indirectly cede our State, converting it into a British dependency, and thus by the arguments, I had the invaluable satisfaction of hearing applied in another case, violate the constitution. If, therefore, the committee have fallen into error, it has not been in the principle of their judgment as to the rights of this State ab- <«iy 180 r H sttactly considered ; but in their view of the extent of our territory and of the apphcation of our au- thority over it. They in fact substantially assert that the treaty of 1783, in connexion with original grants, and subsequent and correlative circum- stances, established and defined our bounds, so as to preclude just complaint of our public acts within the scope of those legitimate powers, which at the discretion of the State, it may, within those bounds, any where apply. The doctrine of the committee can only be refuted by proving that the national authority is exclusive as to the adjust- ment of our exterior boundary ; but let it be re- collected that the present case only admits the as- certainment of a line by a rule prescribed, and not the creation of one arbitrarily, or in other words, by arbitrament. A right was vested in a third party before the Union existed, and has been con- firmed by it since. In short, the committee, it is believed, may be considered as claiming such re- spect as may be attached to those who have truly exhibited the sentiments of this community. Anxious, aL^ in my situation, I cannot avoid being, for the preservation, during my continuance in of- fice and always after, of the rights of the State, 1 must express my alarm at a portion of Mr. Galla- tin's letter. He says, * an umpire, whether a King or farmer, rarely decides on strict principles of law ; — he has always a bias to try if possible to pplit the difference,' &c. ; and yet I am informed that there has been in progress an arrangement of ll:l i!!'! 181 the prelimiaary points, for constituting such an umpire, I cannot but hope that no arrangement will be effected, which will endanger the half from the mere circumstances of a wrongful claim to the whole, under the pitiful weakness which is liable to split the difference between right and wrong. Let me add, in this particular part df my letter, most respectfully, but solemnly, the sentiment, that Maine is bound to claim at the hands of the fede- ral government, the. protection of the integrity of her territDry, the defence of her sovereignty, and the guardianship of her State rights. She is called upon to urge this that she may be rather permitted to rest on the parental care of the Union than driven to any independent agency, in any form, in relation to this concern. That you may not be surprised that the State, after having fruitlessly sought information should have determined on its course without it, give me leave to say that while she cannot be presumed to be informed in all particulars, as to the relations of a deeply interesting character in which she is placed, she is called upon to judge as to others, and -is not without the premises necessary to cor- rect conclusions. Whatever intelligence she might have been per- mitted to receive as to her relative situation, she would, as she will hereafter, cheerfully co-operate with the general government to prevent an assump- tion of our territory, to v.'hatever extent, by the King of Great Britain. iiii!-^ ■,:! ^ <• 182 In executing the resolve of the Legislature it will be convenient to me to possess a schedule of those documents which may be communicated. I will, therefore, hope the favour of being furnished with such an index for the direction of my inquiries. Ify. ',. No. IT. •V » Letter front the feretory of State of the United States, to the Governor of Maine, * Washington^ 7th May, 1827. Sir : I have the honor to acknowledge the re- ceipt of your Excellency's letter of the 1 8th ultimo, and to inform you that I have submitted it to the President. The solicitude which is felt by your Excellency and the Legislature of Maine, in regard to the settlement of our northeastern boundary, so interesting to that State, and so important to the whole Union, is perfectly natural, and justly ap- preciated by the President. And he is entirely dis- posed to communicate any information in the pos- session of the Executive of the United States on that subject, which can. in his opinion, be commu- nicated without the danger of public detriment. Accordingly, when, at the cession of Congress be- fore the last, an application was made at this de- partment, by the Senators from Maine, for copies of all the papers, maps, and other documents re- ported by the CommissionerB, who were appointed 1(?3 under the fifth article of the treaty of Ghent, it was stated to those j^entlemen, that the copies would be furnished whenever requested, with the excep- tion ^^ the reports and arguments of the Comniis- sione»' , transcripts from which, considering their peculiar charactci in the then state of the ques- tion, the President did not think it expedient to allow to be taken. The Senators from Maine availed themseiv^^t f the permission, and obtained copies of some of the maps. Copies of all the pa- pers reported by the Commissioners, which ar» very voluminous, would require the services of two or three copyists for many weeks ; but the labor of preparing them would be cheerfully encountered for the accommodation of the State of Maine. The negotiation with Great Britain is still pend- ing, but there is reason to expect that it will soon be brought to some conclusion; perhaps in a shorter time than would be requisite to copy and transmit the papers -eported by the Commission- ers, to your Excel) :>cy. The President continues to think, that the public interest requires, that the communication of transcripts of the reports and arguments of the Commissioners, even under the limitation propoi^ed by your Excellency, should be postponed for the present, and until it can be made without the risk oi' any injurious effect upon the state of the negotiation. Your Excellency's expe^ rience in public a^airs, will enable you to make a just estimate of the reserve and delicacy which ought to be observed in all negotiations with foreign ( '^{ii iWiii ii ;,« i w III'; 184 powers, involving subjects of deep nauonal inter* est. This consideration has such weighty that it is the uniform practice of Congress, as no one knows better than your ExceHeacy, to annex a qualifica- ition to the calls which are from time to time made, for papers relating to the foreign nogotiations of the Government. There would not be the small- est objection to an exhibition to the inspection of your Excellency, or confidentially, to any person that you might think proper to designate, of all the papers, without exception, reported by the Com- missioners. I abstain from a particular notice of many of the topics of your Excellency's letter, not from the least want of respect, (on the contrary I entertain the highest, personally and officially,) for your Excellency, but from a persuasion that the discussion of them is without utility. It has been thought most profitable to limit my answer to the specific requests contained in your letter. I transmit herewith, in conformity with your wish, a list of the papers reported by the Commis- sioners, copies of any of which may be procured, for the use of the State of Maine, whenever desired, with the exception which has been stated. 18ft ;■»■>■*»-■ ■■ 'V; i ..;?A .. »■{ V-- *.*J * ' f Xi t ICo. 18. 4 Ltsf o/" Books, papers, Sfc. relative to the 5th article of tht treaty of Ghent. \ •» BOOKS. Vol.1. Journal of Commission. Vol. II. '^h *« of Agents. Contains, Claii »ent of the United States. First. ial concerning the north- west angiu of Nova Scotia, and the northwesternmost head of Connecticut river, &c. By the agent of H. B. Majesty. Second, Memorial concerning same. By same. ' ■ i . r •< Ai^i . Vol. III. * Answers of Agents. ' i ' Contains, A reply to the Memorial of the Agent of the United States, filed 8th June, 1821, exhibiting the line of the boundary of the United States from the source of the river St. Croix, to the Iroquois or Cata- raguy. Answer of the Agent United States to the claim and opening argu- ment of the Agent of H. B. Majesty. Read, August 10th, 1821. Vol. IV. Replies of the Agents. -<■. Contains, The Reply of the Agent of the United States, to the answers of the Agent of H. B. Majesty to the claim and opening ar-. 24 ' I I IMAGE EVALUATION TEST TARGET (MT-3) V- ^ /. {./ ^ J^4^ »\1^ V W 1.0 I.I 1.25 12,5 2.2 2.0 'A tL Photographic Sdences Corporation 33 WIST MAIN STRUT WIBSTIR.N.Y. USM (716) •7a-4S03 Ux u t I I 11' 1 A"' s m i 1 1 ■.1,1 14.1 [■n- If! i i'fi ' " r i^h'i Vol. V. m?;y)'. gument of the Agent of the United States, &c. Read, Sept. 27th, 1821. Observations upon the answers of the Agent of the United States, to the claim and opening argument of the Agent of H. B. Majesty, &c. By the Agent of H. B. Majesty. General Appendix. C^iltwm Reports of the Surveyors and Astrono- ^^#iti^^: f^r'^ raers, and Documents referred to, in the fjt^tf'*^'-* Arguments of the Agents. ' ' Appendix to British Agenfs Reply. (Duplicate) Report of Commissioner C. P. Van Ness. ' Report of the Commissioner of H. B. Majesty, addressed to the Government of the United States. Appendix to the Report of H. B. Ma- jesty's Commissioners. J ;': ',if:l.>rn-'i*iiT^rT"^:!>l ■ • -' ;• ;;•; \'" ' ■ !:l'? 'io ^^■.•':m>\ ':«i!' """ '".■ '.'./.■: I ■ -j|fj:*t-5o :*»jfpi :!„-.. i^O. 19. -.J.,: h')'ui J hi :.U iiiii •' • .* n-'^ 1^.,^ .:^: .,^. I •';. INDEX, V •-;.+:>- Numbtit$ r^tntd Id t» <; , . Auwibers rif erred to in th$ tht p. $, arguments. ^ British arguments. 1. Mr Johnson's survey of the Line North > « from the St. Croix in 1817. J * ' S. C.ol. Bouchett'e survey of the same Line, > 2 / ',11 1817i'. aii' .' ,)>'/ -M . .. o« ,. w.,K J Sk Mr. Johnson's Airther survey of the North > Line and adjacent country in 1818. > III 18? 4. Mr. Odell'i further lurvey of the North ) t* Line. J*?* 5. Capt. Partridge's section of the country from Point Levi, to Hallowel, Maine, f 1 819, of the different heights through the Grand Portage of Matawasca on St. John rivers, of Mar's hill. ;: i ; .> 6. Survey of the Restook section of the ) ^ same, and of Mar's hill. ^< \ .'7. Mr. Odell's survey of the Restook withi a sketch of the country as viewed from I q M^r's hill and the vicinity of the Houlr | ton Plantation. J 8. Mr. Hunter's survey of the Allaguash ) a river. I 9. Mr. Hunter's survey of the Penobscot, > m First Part. y 10. Mr. Hunter's survey of the Penobscot, > r^ Second Part. J ° 11. M. Burnham's survey of the branches) » of Connecticut river. ) 12. Doc. Tiark'fl survey of Connecticut viv- > a er and its tributary streanM. y ' 13. Mr. Burnham's survey of Memkeswee, > ^ Green rivers and Beaver stream. ] 14. Mr. Burnham's survey of Toladie Rivet > , . and Grand Portage. ) 15. Doc. Tiark's survey of Toladie and j |. Green Rivers. ) 16. Mr. Loring's survey of Penobscot River. IS 17." ♦' " of Moose River. W 18. Mr. Cajnbell's sketch of the Height of) Land annexed to Mr. Odell's Report of > F. the survey of 1819; . ♦ . J m m ^'r, ,iu m,' , 1 '' .\i' t ' '' ^ kil! •a 188 1%. Mr. Hunter's eurvoy of the river St. John. 14 20. Mr. Loss' survey of the river St. John. 15 21. Mr. Partridge's survey of the Chaudiere, ^ the source of the Dead River, and th« > 16 East Branch of the Connecticut. ) 22. Mr. Carlile's survey of the Head waters ) .« 18 19 20 V, of the Chandiere and Kennebec rivers 23. Mr. Burnham's survey of the river Ouel- ' le and of the source of Black river. 24. Mr. Carlile's survey of the rivers. vt? 25. Mr. Burnham's survey of the sources of . Metjarmette, Penobscot and St. John rivers. ' "' * " 26. Mr; Carlile's survey of the samo source. 21 27. Col. Bouchett's Barometrical section of > ^^ the line north from the St. Croix. ' \ 28. Extract from Carri'gan's Map of New- > ^ Hampshire. . \^' Extract from Mitchel's Map of Connect- > ^ icut river. \ ' Extract from Col. Bouchett's concern- ing the parallel line. 29. Extract from Mitchell's map as first f } by the British agent. \ 30. Plan of the former survey of the latitude > of forty-five degrees north, in 1774. > . • AdditionaL Map of the country explored in the years 1817, 1818, 1819, and 1820, by order of the Commission- ers under the 5th article of the treaty of Ghent. Maps referredUo in the British AgenVs reply. A. Map of Connecticut river by Dr. Tiarlfji. Jc. . 189 B. Streams tributary to Connecticut river by Mr. Burnham. C. Extract from Carrigan's map of Npw-Hamp- sbire. D. Extracts from MitchelP map shewing the > heads of Connecticut river. 5 E. Col. Bouchett's plan shewing the differ- .^ sent lines considered as the parallel of 45" ^' .North, m :,:]■:.'.} >- ■• j-^,;,'^-.,, * ^ • . F. Mr. Campbell's sketch of the height of) land annexed to Mr. Odell's report of the V survey of 1819. ) G. Mr.'Odell's plan of the survey of the Re- stQok) with a sketch of the country as viewed, Hill and the vicinity of Houlton. H. Extract from Mr. Odell's plan of the due > north line explored in 1818. , y, I. General extract from Mitchell's map. , , K. Corrected copy of same extract. Filed August 14, 1821. i y vi (signed) S. HALE, decretory* . Title of the British, This Atlas (containing the copies of maps and parts of maps and plains with the exception of thq last Mitchell's map which was filed as thereon stated) accompanied the answering argument of the Agent of His Britannic Majesty filed on the 14th of August last. m:i r^ I-- 111:,. !:' ;t 190 . No. 20. ■'■.',. ei;\>i#u't|>j' - < ' Litter from the Governor of Maine, to tfu President of the United States. .■ N Portland, May 19, 1827. Sir : The situation in which this State is placed, in consequence of the unexecuted" provision of the treaty of Ghent relative to its northeastern boun- dary imposes upon me a duty which I am not per- mitted to compromise by my feelings of respect for yourself, and the high authority with which you are invested. However discouraging may have been the correspondence I have had with the Sec- retary of State, I cannot decline a course delibe- rately determined upon, or admit the belief, that a representation relating to the welfare of Maine can be unwelcome. It is not the comparatively light concern of a passing favour, or the import of a transient measure that I am about to urge ; but it is that of making a memorial for consideration and record as to the demesne and jurisdiction of this member of the Union. Obliged to depend principally for information upon rumor, the tenacity of knowledge, which is power, has not, however, concealed the fact that the British government has made a claim embrace- ing a large tract of country adjacent to the pro- vince of New-Brunswick. Information from va- rious sources cannot fail to have produced on your mind a just impression of the importance commu- f1' mh i 191 \ oicated to that territory in reference to value and jurisdiction, by its qualities of soil, its variety of native productions, its streams, its situation, and all those properties calculated to render it not only a strong interior barrier to invasion, but fruitful of the means to prosperity to our maritime frontier. Tho State of Maine claims the propriety in an un- divided moiety, and the entire jurisdiction, as far as consistent with the paramount power 'of the United States, in relation to that extensive tract. Having learned that the title thereto is involved in the details of a diplomatic arrangement conducted under the sanction of the executive department of the federal government, Maine, although not con- sulted, yet bound from deference, to pay a due res- pect to reasons, the nature and force of which she if^ from a studious and mysterious reserve rendered unable to comprehend, believes she ought to pre- sent her expostulations in regard to any measures threatening her with injury. The Secretary of State has informed me that the disputed claims to land along our northeastern boundary are to be submitted to arbitration. By arbitration I understand a submission to some for> eign Sovereign or State, who will decide at plea- sure on the whole subject, who will be under no absolute obligations, or effectual restraint by virtue of the treaty of 1783, whose conscience will not be bound to impartiality and justice by the solemn sanction of an oath, and whose feelings may natu- rally be biassed against a Republic accused of inor- i "AM BP^r"'" pi- ' B'i^" pfe- lil ' P' p:" W II: > ir:f. flT'V 192 ll-i dinate ambition, and in whose peace and prosperity there is an interesting lesson and example for nations. The treaty making power of the United States on one side, and his Britannic Majesty on the other, engage to consider the decision of the arbitrator final and conclusive. Let me say that to a surren- der of territory, involved as a possibility, it will, I trust, be made evident that there is another party, not to be an indifferent spectator of its own dela- ceration. The mind in contemplating our prospects is carried to the Courts of Europe, and led to scan the tribunals to which you may refer this subject. — It would be unsuitable for me to comment on the dispositions or talents of foreign Sovereigns or States, but it is not in cold blood that I can antici- pate the committing the destinies of Maine to an irresponsible arbiter to be found in a distant land and necessarily unqualified to act .in the case. The character of this arbitership has been porten- tiously exhibited by Mr. Gallatin in that letter, in which on the authority of intelligence from New Brunswick, he most erroneously ascribed an inter- position by the agents of Massachusetts and Maine as to a compromise of our boundary. Suffice it to say that the proposed arbitration will jeopardize, with- out her consent and against her will, the rights of Maine ; and allow me to add, that if called upon to make the required sacrifice, she will be com- pelled to deliberate on an alternative, which will test the strictness of her principles, and the firm- 193 6ess of hfeV temper. The acknowledgment ot' the mother country and the exercise of the inherent power of the people, formed Massachusetts into a body politic, originally independent of the present Union and of every foreign government. All the territorial and jurisdictional rights which she could acquire were absolutely her own and remain so to this day, excepting so far as she has granted them to the United States or to Maine. The treaty of 1783, containing the acknowledgment of her eman- cipation, and exaltation to self-government, was not with the States, exclusively as a federal body, but partially at least as independent communities; that is to say, if in some points of view they ap^ peared as forming a national, in other, they were regarded as being an allied association. Hence the acknowledgment of independence applied dis^ tinctly to each State, as ;,;',-?[ tumvi I have the honor also to solicit transcripts of the arguments of Mr. Chipman and Mr. Sullivan, aa agents under the commission for determining the true St. Croix ; and of the arguments of Mr. AustiQ and Mr. Chipman, under the fourth article of the treaty of Ghent, together with the report of the Commissioners in both cases. Excuse me for adverting to the punctilio of ex- pense, which I shall wish to see liquidated. I have made a communication to the President on the subject of our northeastern boundary, which you will perceive from its nature was necessarily directed immediately to him. II jt. No. 22. ;i :t 'j-.ij: t .1 .! Letter from the Secretary of State of the United States to the Governor of Maine. ". i .. •.,!;» - TVa^Atn^ioB, 9M Jwne, 1827. Sm: The President has received the letter, which your Excellency addressed to him, under datd the 29th ultimo ; and I am charged by him to con- vey to you his assurances that your observations on the interesting subject of our northeastern boun* i.r w. fl;i • i 200 diiry shall receive attentive and respectful consider- ation. I beg leave to add that in no contingency is any arbitration of the difference between the United States and Great Britain, relative to that boundary, contemplated, but that for which pro- vision has been solemnly made by treaty. It would aifdrd great satisfaction to the President, if a resort to that alternative for quieting the dispute could be avoided, by obtaining from Great Britain an ex- plicit acknowledgment of the territorial claims of Maine, in their whole extent. Candor, however, compels me to state, that the prospects of such an acknowledgment, at the present time, are not en- couraging. , io:.. ; ■ if .!>.;• No. 23. * 'J i Letter from Daniel Brent, Esq. of the department of State of the United States, to the Governor of Miiine. Washington, June 15, 1827. Sir: I was directed by the Secretary, before his departure from this City, a few days ago, on a visit to Kentucky, to have copies prepared of the books, &c. &;c. requested in your letter to him of the 29th of May, and to transmit them to your Ex- cellency, with all possible dispatch ; and I have just collected together the manuscript books con- taining the arguments of Mr. Chipman and Mr. SullivaQ) agents under the commission for deter- mining the true St. Croix, and those containing the 201 SJI. arguments of Mr. km . and Mr. Chiproan, agents under the 4th article of the treaty of Ghent, to- gether with the reports of the Commissioners in both cases, fourteen in number, and averaging, each about two hundred and fifty pages of close writing on foolscap paper ; transcripts of these being particularly noticed by you as wanting. Added to those, the arguments, reports and papers, in- cluding the maps, under the 5th article of the treaty of Ghent, which come, it would seem to me, within the scope of your request, embrace a mass of writing nearly as voluminous as that of these books. I take the liberty under these circumstan- ces, of troubling your Excellency with this com- munication, to apprize you of the extent of the transcripts which appear to be thus required, and of the delay which must, of consequence, attend the execution of your Excellency's commission, aB it is, at present, understood by mo. I beg leave, however, to state that the subject is involved in so much obscurity from the prolix and complicated arguments, reports and replies of the several Commissioners, agents, astronomers and surveyors, that I do not like to venture upon making a selection for the copyists, though I feel fully persuaded that this might be advantageourily done, to the great abridgement of their work, and to the expediting of the fulfilment of your wish. The Senators from your State, Messrn. Holmes and Chandler, have seen the books, and, as well 1 recollect, were furnished with copious extract^ 2& I '■ HO ,1 t ;!S Mi I" ■II- ' ' f\ <'l, li ' mtm lli' 202 ^ from them ; and perhaps, they might favor this de- partment, through your Excellency, with some sug- gestion leading to a convenient curtailment, which should, nevertheless, be entirely compatible with your Excellency's object, in reference to the copies required by you. V '•■ fsif. No. 84. Eetterfrom the Governor of Maine to Daniel BreHt, Esq. of the Department of SttUe, of the United States. / lit , . ,, Portland, July 14, 1827. Sir, — I had the honour to receive your letter, referring me to the Hon. Messrs. Holmes and Chandler, as to reducing the amount of the draught I had made on the proffered kindness of the Se- cretary of State. I have availed myself of all possible benefit from your suggestion ; bufam still disposed to accept, without reservation, the fa- vour he so politely tendered, which is done with the greater sense of obligation, because that fa- vour cannot embrace the principal objects first contemplated, and is therefore rendered more val- uable as to the residue. It is also believed that Maine ought not to lose the opportunity of placing among her archives all those documents which she can obtain relating to a concern so important as that of a third of her territory. ,ii: 203 Extract of a letter from the Governor of MassackusHts to the Governor of Maine, dated, Executive Department of Massor chutetts, Boston, July 'id, ISan.^": * I beg also to avail myself of this opportunity to acknowledge the receipt of several interesting communications from your Excellency in refer- ence to the northeastern boundary, which will re- ceive the most respectful and faithful considera- tion. My own opinion of the importance of the general views which you have in detail, and with great force, presented, on this subject, has been heretofore expressed in official communications to the Legislature of this Commonwealth, and in a correspondence had with the Department of State of the United States.' ^V \'\- . ^ . No. 25. f Metier from the Governor of Maine to the Secretary of State of the United States. Portland, September 2d, ISQ7. Sir, — Since I had the honour of addressing you on the subject of the northeastern boundary of this State, facts have been placed within my knowledge which more imperatively than any oth- er, urge me to solicit the attention of the Presi- dent to the situation in which we are placed. It is now rendered evident that the representation I'^VY' m i ;H:, mm 1 t H i "■ ■■ ■' . ^•■" > * •■■■ ■- :^'' "'.— ;. made to yon and communicated in your letter of the 27th of March last, that the British government has abstained from the performance of any new acts which might be construed into an exercise of the rights of sovereignty or soil over the disputed t6rritory, was entirely incorrect. That represen- tation, connected with the recommendation by the President, has undoubtedly had much influence with Maine in producing a forbearance, which will probably be objected against her, in comparison with the opposite course by Great Britain, as con- taining an implied acknowledgment of the right- fulness of the jurisdiction which has been exer- cised for years, by a foreign power in the manner and to an extent which I beg leave now to ex- liibit, as presented to me by credible testimony. Along the St. Johns river following it up westward- ly from the junction of the Matawascah, is a very flourishing settlement containing a considerable number of peaceably disposed and industrious in- habitants. Among these is a proportion of Amer- ican emigrants, some of whom hold their laud un- der deeds from Massachusetts and Maine, and the others, or nearly all of them are anxious to obtain titles in the same way. The latter at present oc- cupy as tenants at sufferance, and neither recog- nize the lands as being Crown lands, nor do they voluntarily submit to British authority. These persons, the government of New-Brunswick treats in all respects as aliens^ < denies their right to hold real estate, assesses upon them the alien tax, and ^' ' t -'■■'.' * refuses to perinit to them the transmission of their produce as American. 1 forbear to speak of many acts of violence and petty vexation of which they also complain. The other inhabitants are uniform- ly treated as British subjects, and new acts of ju- risdiction even to requirement of military duty are as frequently exercised as the ordinary operations of a municipal control require. Before express-^v ing to you the sentiments which should be con- nected with the exhibition of these facts, allow me to ask your attention to the sacrifice to which Maine is submitting while her formidable adver- sary is thus industriously fortifying his positions. She owns, as it is believed as clearly as she owns any other portion of property, a tract not less than six millions of acres, which with the exception of about a million and an half situated northeastward of the St. John and Matawascah is generally valuable for soil and timber, bo that the latter along one river has been estimated to be worth ;$[ 180,000 00, which is only equal to an average of ;^ 150 00 per square mile. The use of these vast resources is forbidden to her by the circumstance, that a claim is made upon it by a foreign power and by the respect she entertains for the President's recommendation of a mutual forbearance ; yet that power is in the mean time applying its jurisdiction in the same manner as if the representations of its minister created no pledge and no obligations to sus- tain their correetness. While it is natural that the same power should seek to render the pi-ovince of <,SJ-t II w^ ,*^' •"- " ■ -- ■ ^' ^" : *Uo -;•■'■" ■'■i'^-i:- ~ New-Brunswick wealthy and powerfal, hy the prize it hopes to win, it might have been expected that there should be no repugnance between its acts and declarations. The case which will be presented, must, as you perceive, necessarily require»of Maine, a consideration of the duties she owes to her cit- izens, not left in the condition of neutral subjects without gbvernment, as has been supposed, but ac- tually subjugated. ^i^-Jd' ;-^iS^vii*,«fA-;i»«i> ya#:^'*^/^i^'si^a=: »tTo allow our lands to remain uncultivated, and our public improivements to be postponed through a state necessity, is a sacrifice capable of being endured, compared with that of seeing dominion usurped over those who owe us allegiance, and to ; whom protection is due. It has been the doctfine of the Government, and of a great portion of the people of the Ignited States, at times when Great Britain was heretofore prosecuting claims against this country, more extensive, but not less unjust than the present, that an injury to a single citizen inflicted a wound upon the body politic, and that an evil inflicted upon a part, demanded the making a common cause for its remedy* ^#?i^ js^ni jp*«w^' •• ■■'^:''^'^ *' ^ • * ' r i Portland, Oct. 12, ISiSr. Sir : It has been represented to me, as Go- vernor of the State of Maine, that one of its citi- zens, of the name of John Baker, while residing on 27 !'i i ii i i PI •-■Hi • ■ B'B-J ^ 'V its territory, h^i been arrest<^d and is detained in gaol at Fi^dericton. A circumstance so interesting to the piei^ce and character of the State and coun- try compels hie to solicit information which 1 do with the Respect and amicable disposition due au- thorities of a neighbouring government. It vt hoped that* ybu will be pleased to communicate all the facts in the case, and that the result will be to allay the anxiety produced by the impression that the privtlog^s of an American citizen and the juris- dictioriol%iibvereign power has been invaded. Maine Iras'iot only a wish to be amicably connect- ed' ^tii Mew Brunswick, but her interests impel her to seek a friendly intercommunication X y^t yoli mltet bo aware that honor and justice demand of her the ottnotrt respect and devotioh oil'bir Jmrt to the rights of eveiry Citizen. "^^"^^ ^^ The attettipt tb eitettd the juiisdictton ^ Nfew Brunswick over the disputed territory will compel coanteraotioD from Maine.— The result must be productive of so much evil that it is not deemed indelicate or disrespectful to advert to it. The arrest of our citizens on what we believe to be a part of our State will demand its utmost energies for resistance. ^J^fA ' I I III v- . , / %u Wo. S8. ■■M$ : \ w#.w,«in STATE OF MAINE. ftl'^^i/*, Skfretmtjf of State's f^i, \ Portland, Nov. 6, iSan. \ ■ , ■.. ' ' %^ ^jl*^*,»* /I'^w-rr?,.* .* - A«Mir4 Dwaeis, Esq, Portland, . J^ S;k ; i am directed to infprm you, tbat you have ' im9 ^MiEi) l»een appointed by the Governor of tbii Su»te, an agent, witb authority to act in behalf of the Stacd of Maine, in obtaining information, either informal, or by authenticated Atatements, as to aU objects relating to rights of property and jurisdic- tion between the governments of the said State, and the province of New Bruswick. i^j I have the honor to be, with great respect, your most obedient servant, ft^^mMfm\^ii!;<^0!t v|f«»ti mm^'^y AMOS mCROLS, Secretary of State, Letter from the Governor of the State of Maine to the Lieutenoni '^#S^/ 'Hf ' k- Governor of New Brunsmck. y^^iy it^itf/zi^.^i t .M i,» -r../ 'i Portland, Nov. 5th, 18X7. Sir : I have the honor to solicit your friendly reception of Charles S. Daveis, Esquire, appointed to obtain information relative to our border diffi- culties. It has been considered due to yourself to ?^V' "■ " If!.'- I' ' ' 212 select, for this Agency, a gentleman of high charac- ter, and who in the most acceptable manner, may inquire into concerns calculated to produce a war between the United States >and Great Britain, un- less by the forbearance of injuries by New Bruns- wick and Maine, it may be prevented. In whatever point of view you may regard this subject, I have full confidence that you will permit Mr. Daveis, if only in the capacity of a stranger and a gentleman, to pass with your countenance through the territory over which you preside, to the different portions of country he may wish to visit, for the purpose of ascertaining the facts rela- tive to complaints of violence and injustice coni- mitted on the citizens of Maine. *..*.> ' . v;,. - This measure has been adopted, not to interrupt, but to cherish, the most respectful sentiments, and amicable disposition, between all those who may be concerned. •'! i Mr. Daveis' authority does not specially desig- nate his object ; but you are requested to consider him as fully empowered to demand the release of John Baker, a citizen of Maine, said to be confined in the Goal at Fredericton, and that the persons, who arrested him and conveyed him there, may be delivered up to be tried by the laws of this State, and dealt with as justice may require. t -I '•i'Hi;.: 213 No. 30. Litter from the Secretary of State of the United States to the Governor of Maine. -<,/!■: Washington, 30th October, 1827. Sir, — I have committed to the charge of Mr. William Prentiss, who will have the honour to de- liver them and this letter to your Excellency, and who is employed for that purpose, twenty-four manuscript volumes of books, according to the ac- companying Hat, on the subject of the north and northeasterly boundary line-3 of the United States, prepared at this office for the State of Maine, con- formably with the suggestions and desire express- ed by your Excellency. From the extent of these manuscripts, it is more than probable that they em- brace copies of a great deal more, in documents, discussion and argument, than was in the contem- plation of your Excellency, or than was desired for the use of your State ; but to secure a full com- pliance with your Excellency's views, and to guard against any deficiency, I gave directions to have a transcript made of every thing which might by possibility be useful or interesting upon the occa- sion, having the remotest bearing upon the subject, with the limitation stated in my previous corres- pondence ; and as the selection was necessarily committed to others, who may not have had a very accurate view of the extent of the Commission ■1 • 'I It 1 . 1: , :l ■ % 'llli'' I: 214 entrusted to them, it is not improbable that it may comprise much which may be found superfluous. I send also, forty-two copies of maps, likewise prepared with the same views, and under the same circumstances, which Mr. Prentiss will also have the honour to deliver to your Excellency. '.f' No. 31. Letter from the Governor of Maine, to the Secretary of SteUe of the United States. Portland, 16M, Nov. 1827. Sir, — I have received the documents you caus4 ed to be transmitted with the satisfaction natur- ally excited by so valuable a testimonial of regard for the wishes of this State. An attention which has occasioned so much trouble, cannot fail to pro- duce a strong sentiment of respect, and to call into action a proper sensibility, in acknowledg- ment of a burdensome service, from those very deeply interested in obtaining it. I have also this day received your communica- tion of the date of the 10th instant. From its contents, I am made sensible that the objections I have had the honour to urge against the sub- mission to a foreign umpire of the territorial and jurisdictional rights of Maine, without consulting or advising her as to the conditions, have not been deemed available. If any injury shall result to her, the appeal will be made to the people of this w 215 country and to posterity. It has not seemed ar- rogant or presumptuous to have expected a recog- nition of her rights, and to have asked that if she is to be made a sacrifice, she might not be devot- ed without some consideration on her part of the terms. It is not probable that your various important engagements can have allowed to my former com- munications more than the cursory glance, which enables the officer in most cases to dispatch busi- ness, especially in those cases in regard to which he has marked out his course ; but, to save repe- tition, I must ask your indulgence to refer to those communications as containing statements and prin- ciples near to the hearts and interests of this com- munity. When you cautioned us against sugges- tions of compromise and acts of precaution, it was not believed that it was that you might the more easily throw us witnin the power of an umpire, but that you intended to intimate that the powerful arm of the federal government was holding ita ample shield before us. At last we learn that 6ur strength, security and wealth are to be subjected to the mercy of a foreign individual, who, it has been said by your minister, *' rarely decides upon strict principles of law," and " has always a bias to try, if possible, to split the difference." I can- not but yield to the impulse of saying most re- spectfully that Maine has not been treated as she has endeavoured to deserve. The painful duty of laying before you the tes- :r(it I rf|;|i' ;■ 'I •: ; : 1. I , i^n i ! ;i lilUl, M f^uLM 216 i!l fu mi. 1 timon^td prove the a^^greesions committed upon citiz^^ of this State, oy inhabitants of New-Bruns^ wick, jivas seasopabty discharged. It ! is feared that the violence committed, has been biit the commencement of a system. The President will surely bestow his attention upon the case of John Baker, who is ftated to have been arrested on land conveyed to him in fee simple, in the year 1825, by the CoiQino^weahh of Massachusetts and the State of Maine. The conveyance was virtually a certificiate of citizenship and a pledge for protection. It was als^ an a^t of State policy, a deliberate political meaisure, and the ^' old Com- monwealth" and this Repuhlic may Well call upob the President and Secretary of State to be their protectors. AD those who have contended against the impressment of the sailor in our ships, will resent the arrest of the yeoman on the frontier. Connecting this injury with others, which have been suffered and threatened, it has been deemed proper to appoint an Agent of the State, to in- quire in a friendly and respectful manner, into the fact^, whose report will enable me to answer fully and correctly the questions you have proposed. It is with great deference, submitted that every investigation of this subject, will satisfy the fede- ral government that the representations I have had the honour to present, 'might have been wor- thy a serious consideration, which I doubt not they have received, although possibly too late. The communications to the Lt. Governorof New Bruns- wick, and other documents will accompany this letter. |f;- H < *ry*. 217 No. 32. PROCLAMATION. STATE OF MAINE. BY THE GOVERJSrOR OF THE STATE OF MAWE. A PROCLAMATION. Whereas it has been made known to this State, that one of its citizens has been conveyed from it, by a foreign power, to a gaol in the Province of New Brunswick ; and that many trespasses have been committed by inhabitants of the same Province upon the sovereignty of Maine and the rights of those she is bound to protect. Be it also known, that, relying on the govern- ment and people of the Union, the proper exertion will be applied to obtain reparation and security. Those, therefore, suffering wrong, or threatened with it, and those interested by sympathy, on ac- count of the violation of our territory and immuni- ties, are exhorted to forbearance and peace, so that the preparations for preventing the removal of our land marks, and guarding the sacred and inestimable rights of American citizens may not be embarrassed by any unauthorized acts. ENOCH LINCOLN. BY THE GOVERNOR. AMOS NICHOLS, Secretary of State. Council Chambe Portland, Abv. 9, Ig-W 28 Si :i ;'■' \' mi 'I'lH ''■'., I '""i 1 218 I '-f^- ''.,}' ii 'I No. 33. I 1 II) H.-. hi- " . fl-:| Extract of a Utter from the Secretary of State of the United States, to the Governor of Maine. Washington, 27th Nov. 1827. Sir : I have to acknowledge the receipt of the letter which your Excellency did me the honor to address to me on the 16th instant, with its accom- panyments, all of which have been laid before the President. He sees with great regret the expres- sion of the sentiment of your Excellency, that "Maine has not been treated as she has endea- voured to deserve." Without engaging, at this time, in a discussion of the whole subject of our dispute with Great Britain about the northeastern boundary of the United States, in which the State of Maine is so deeply interested, which would be altogether unprofitable, I am sure I shall obtain your Excellency's indulgence for one or two gene- ral observations which seem called for by the above sentiment. By the treaty of Ghent, on the contingency which unhappily occurred, of a non-occurrence between the British and American Commissioners in fixing that boundary, they were directed res- pectively to report to their Governments, and the difference thus left unadjusted was to be referred to a sovereign arbitrator. Your Excellency, in the course of the correspondence which has passed between you and this department, has protested 219 against this reference, and your objections to it have received the most respectful consideration. The fulfilment of solemn obligations imposed upon the United States by the faith of treaties ; and the duty with which the President is charged by the constitution, of taking care that the laws (of which our treaties with foreign powers form part) be faithfully executed, did not appear to leave him at liberty to decline the stipulated reference. If any other practical mode of settling the differences had occurred, or been suggested by your Excel- lency, to the President, it would have received friendly and deliberate consideration. It is certainly most desirable that nations should arrange all differences between them, by direct ne- gotiation, rather than through the friendly agency of third powers. This has been attempted and has failed. The Government of the United States is fully convinced that the right to the territory in dispute is with us and not with Great Bi:itain. The convictions ol Maine are not stronger in respect to the validity of our title, than those which are enter- tained by the President. But Great Britain pro- fesses to believe the contrary. The parties cannot come to the same conclusion. In this state of things what ought to be done ? National disputes can be settled only amicably or by an appeal to the sword. All will agree that before resorting to the latter dreadful alternative, every friendly and peaceful measure should be tried and have failed. It is a happy expedient, where nations cannot ■'''^'.ii I. ' !:';•'! 1 • ti 'i,' 220 f 9 ^1 If/-* M \w . I theraselves adjust their differences, to avail them- selves of the umpirage of a friendly and impartial power. It multiplies the chances of avoiding the greatest of human calamities. It is true that it is a mode not free from all objection, and Mr. Gal- latin has adverted to one, in the extract which you give from one of his dispatches. But objectionable as it may be, it is better and not more uncertain than the events of war. Your Excellency seems to think that the clearness of our right should pre- vent the submission of the controversy to an arbi- trator. But the other party professes to be equally convinced of the indisputable nature of his claim ; and if that consideration were to operate on the one side, it would equally influence the other. The consequence will be at once perceived. Be- sides, the clearness of our title will attend it before the arbitrator, and, if we are not deceived in it, his favourable decision is inevitable. The President regrets, therefore, that in con- ducting the negotiation with Great Britain, he could not conform to the views of your Excellency, by refusing to carry into effect a treaty, to the ex- ecution of which the good faith of the nation stood pledged, and which was moreover enjoined by the express terms of the Constitution. But, if he could have brought himself to disre- gard this double obligation under which he is placed, how could the interests of Maine have been ad- vanced ? Both parties stand pledged to each other to practice forbearance, and to ubytain from further 221 acts of sovereignty on the unoccupied waste, until the question of right is settled. If that question cannot be settled by the parties themselves, and may not be settled by arbitration, how is it to be determined P The remaining alternative has been suggested. Whether the time has arrived for the use of that, does not belong to the President, but to another branch t>f the Government to decide. I cannot but hope that your Excellency, upon a review of the whole subject, in a spirit of candor, will be disposed to think, that the Executive of the United States has been endeavouring with the ut- most zeal, in regard to our Northeastern boun- dary, to promote the true interests of the United States and of the State of Maine ; and that this respectable State has been treated neither with neglect nor injustice. if\ 1 1 No. 34. Letter from the Lieutenant Governor of New Brunswick to the Governor of Maine. Fredericton, New Brunswick, I5th Nov. 1827. Sir : I have the honour to acknowledge the re- ceipt of your Excellency's letter of the 22d Octo- ber requesting me to communicate all the circum- stances respecting the arrest of the individual named in your Excellency's letter. It is not for me to question the propriety of your Excellency's opening a correspondence with the t is!! mmmim % ' I 1 : U 5. 222 ^ government of this province, on a question non pending in negotiation between his Majesty's go- vernment and the government of the United States, as contracted under the treaty of Ghent ; but it would neither be consistent with my sense of du- ty, nor in conformity with my instructions, to give the explanations your Excellency requests, to any persons excepting those with whom I am directed to correspond, or under whose orders I am placed. Should any reference be made by the General Government of the United States, to his Majesty's Minister, upon this or any other matter connect- ed with the government of this province, it will be my duty to afford his Excellency the fullest in- formation to enable him to give whatever explan- ation he may deem proper. Although for these reasons 1 must decline any further correspondence with your ExcoDoncy on this subject, yet it is in entire unison wit)**^i3e sen- timents and disposition which I know to animate His Majesty's Government, that I take this occa- sion to assure your Excellency of my sincere and cordial desire to do all in my power, so far as I personally am at liberty, to use any discretion in the duties with which I am iniperatively charged, to meet, with respect and consideration, the ami- cable disposition which your Excellency profes- ses. I trust my conduct will be found to evince a just and manifest solicitude to repress and pun- ish any acts on the disputed territory, which might lead to the interruption of a good understanding 225 between the two countries, and to keep the ques- tion in a state propitious for a speedy and amica- ble adjustment. In the Supreme Court Exchequer Side. York, to wit. Be it remembered, that Thom- as Wetraore, Esq. Attorney-General of our Sove- reign Lord the King, for this, his Majesty's pro- vince of New-Brunswick, who prosecutes for our said Lord the King, comes in his own proper per- son into the Court of our said Lord the King be- fore the Justices of our said Lord the King, at Fredericton, on the seventeenth day of Septem- ber, in the eighth year of tiie Reign of our Sove- reign Lord the now King, and for our said Lord the King, gives the Court here to understand and be informed, — that whereas a certain tract or par- cel of land situate in the parish of Kent, in the county of York, in the said province, and lying on both sides of the river St. John, between the mouth of the Madawaska river and the river St. Francis, and containing in the whole fifty thousand acres, in the hands and possession of our said Lord the King, on the first day of February, in the first year of his Reign, and before and continually ufter, was, and of right ought to be, and yet ought to be, in the right of his Imperial Crown of the United Kingdom of Great Britain and Ireland, and as part of the Dominions of our said Lord the King, in .t 224 pi 'I this province : and for so long a time as there is no remembrance of any man to the contrary, has been in the possession of the said Lord the King, and his predecessors, the Kings and Queens of Great Britain and Ireland, and a part of the Do- minions of the said Crown. — Nevertheless, one John Baker, of the parish aforesaid, in the county aforesaid, farmer, the laws of the said Lord the King in no wise regarding, but intending the disherision of the said Lord the King in the premises, on the first day of February, in the second year of the Reign of our said present Sovereign Lord the King, and on divers days and times, before and since, with force and arms and without any law^- ful authority, in and upon the possession of the said Lord the King, of a part of his said lands, to wit, one hundred acres thereof, lying on the westerly side of the Land Turtle or Mariumpticook river, a branch of the said rivei St. John, at the parish afore- said, in the county aforesaid, intruded and entered and erected and built thereon a certain house and other edifices, and cut and felled divers, to wit, five hundred timber and other trees thereon stand- ing and growing, of the value together of one hundred pounds, and took and carried away the timber and wood arising from the said trees, and of his own will disposed thereof, and the issues and profits of the same lands accruing, received, and had, and yet doth receive and have to his own use and still holds and keeps possession of the lands ; and the said trespass aforesaid hitherto and 225 ^ ' ^ , i yet continuing to the great annoyance of our said Lord the King, in contempt of our said Lord tho King — and contrary to the laws and against the peace of our said Lord the King. Whereupon the said Attorney-General of our said Lord the King, for the said Lord the King, prays the advice of the Court here in the premi- ses, and that the aforesaid John Baker come here to answer the said Lord the King in the premisos. (Signed,) T, WETMORE, Attorney-General Indorsed, J. M. BLISS: , t Examined by me, and certified to be a true copy, T. R. Wetmore, Clerk to the Attorney-QeneraU 28th November, 1 827. > ^c^; p ^ ^"^^^^ * - 4 . STATE OF MAINE, Office of the Secretary of State, \ J Portland, Feb. 18, 1828. J It is hereby certified that the Documents contained in this Pamphlet have been compared with the originals, records and copies, remaining in this Office, and appear to be correctly print- ed. ' ^,-^ .' ,/:- ■: \ ' ■' ' A. mCHOLS, Secretary of Statt. 29 '! 'H ' # ;i;ii II I' I I'I P I B 'li H BH I i . i U i i Pi, ' 1 1 ,'ljj !!liil If ^^u '!!'■''''■ REPORT OF WiJi^ij-k - ....,>, (DHARIiES S. DAYEIS, ESd* -. »^ AGENT APPOINTED BY THE EXECUTIVE '. 7 ■; ^,N.W'» or THE •fy.\ i t^ - J^A^= ., i i.- « t? ■» •. , '"» STATE OF MAINE, TV inquire tiild omil reporl ttpon certain facts relating to aggres- iions upon the rights of the State, and ofindivid- ^, ual citizens thereof, by inhabitants of the provinu of Neio-Brwuunck. ^w PORTLAND : Printed by order of the Legiakture. 1828. h %M ti ! 1 i ;'i ». lly STATE OF MAINE. . In Senate, Feb. 6, 1828. The Joint Select Committee to whom was referred the com- munication from the Governor of the 2d inlt. with the Report of the Agent, appointed by vhe Executive of this State, to inquire into and Report upon certain facts relating to aggressici- upon the rights of the State of Maine, and of individual citizena there- of by inhabitants of the province of New-Brunswick, and also the accompanying doeuments, have carefully examined the same and recommend that Five hundred copies of the Report of the said Agent be printed ; three hundred thereof for the use of the members of the Legislature and the remaining two hundred to be disposed of at the pleasure of the Governor : the Committee also recommend the passage of the Resolve, which is herewith sub> mitted. ^ JOHN L. MEGQUIER, Chairman, < ■ V ' In Senate, Feb. 6, 1828. Read and accepted — Sent down for concurrence. ROBERT P. DUNLAP, President. House of Representatives, Feb 7, 1828. The House so far concur with the Sennte as to accept that part of the Report which relates to the irinting and distribution of the aforesaid Agent's Report. , JOHN RVUGLES, Speaker. t! m'K REPORT. Portland, January 31, 1828. Sir, — I have alread} acquained your Excellen- cy with my proceedings at Fredericton, and the manner in which I had performed the duty assign- ed to me by your appointment, within the province of New-Brunswick. In pursuance of the further appointment to in- quire into the nature of aggressions complained of as having been committed by inhabitants of New-Brunswick upon persons residing near the frontier, within the lin .its of this State, 1 endea- voured to prosecute the inquiry and to obtain cor- rect information by the best means that were in my power. In the actual condition in which your Excellency will perceive the whole inhabited por- tion of the country bordering upon the river St. John or any of its branches, within our boundary, or the region that is now termed disputed territory, to be, it will be for your Excellency to judge with what benefit 1 could have proceeded to the high- est pointH of American settlement, without the advantage of a sanction from the adjoining author- ity. It happened, however, that I was enabled in !'!'IW I! 1 1 I ill II I ■ tii« ' rfMU 230 i'.- r p , company with the gentleman appointed to make corresponding inquiries by the President of the United States, to see several persons, who had come to Houlton from the country above the river Madawaska, in consequence of the state of things there existing, or who were engaged in opening a winter road, as a communication for the people living on the river Aroostook, direct to that plan- tation. Th(^ statements of these persons were taken under oath, at my request, before a magis- trate of the county of Washington. Other testi- mony has been also collected in the same form by another respectable magistrate of the same coun- ty, among the settlers on the Aroostook : and oth-^ evidence has likewise been obtained, from er which your Excellency may be able in some mea- sure to fill up the outline thus exhibited in regard to the true state of affairs in that quarter. It is proper for me to say that I should not have been deterred from undertaking to complete it, by any apprehension of inconvenience ; but my situation was not perfectly free from embarrassment ; time had been consumed by circumstances beyond my expectation or control, and obstacles existed to my progress, which would have rendered it dif- ficult to procure positive testimony any where in the district of country upon the river St. John, ex- tending above the river Madawaska. The first course of inquiry relates to the condi- tion of settlers on the river Aroostook. The rights of the Commonwealth of Massachusetts were ex- 231 M.-'h' ercised upon the territory situated on this river, at a very early period after the source of the St. Croix was settled under the Convention of 1794. In executing this Convention it was distinctly ad- mitted by the representatives of the British go- vernment in this country, that the boundary hne of the treaty of 1783 Crossed the St. John. Grants were accordingly made by the legislature of Mas- sachusetts of sections of land, embracing both banks of the Aroostook and bordering on the boun- dary line, namely — one to the town of Plymouth and one to General Eaton. Locations of these lands were made, and surveys were commenced under the authority of Massachusetts, and lines were run around one of the tracts, more than twenty years ago ; and lottings were made in the year 1812. These acts were performed in the presence of the Provincial Government established on the borders of the river St. John. That stream afforded the only communication then open to this country and thence supplies and assistants were procurct for the purpose of making the above survey in 1806 or 1807. It is not known that any further acfs were exercised on behalf of the original proprie- tors of these granted lands, or that any improve- ments were mwde upon them prior to the late war with Great Britain. The further occupation of this remote frontier for the purpose of agriculture was nt.'essarily suspended during that period ; nor is it known, that there was a single settler of any iri'i i'l I M -i ■ „.! 232 hU • "[5 description upon the Aroostook, when this interrup- tion ceased, at the conclusion of peace in 1815. This event was succeeded by a course of seasons and circumstances unfavourable to the progress of population and improvement in that quarter ; and also by the measures which ensued for the separa- tion of Maine. Upon the establishment of this State, the survey of this section of country was resumed by a joint commission of the two States, for the purpose of dividing their common property, pursu- ant to the provisions of the act of separation, ac- cording to the direction of their respective legisla- tures. The progress of these surveys was observed in the province of New Brunswick, and they have been extended over nearly all the country in the territory of Maine watered by the Aroostook. It was discovered, that trespasses were committed on this territory by persons belonging to the pro- vince, in cutting timber. Opportanity had existed for pursuing such practices with impunity, in the open and unguarded state of the country, from the ease of access thereto by persons engaged in that business from the river St. John. This operation was arrested by the authority of this State, and partial indemnity obtained for the trespasses that had taken place, and, upon objection being made, the practice of granting licenses for this purpose, which it was presumed had issued improvidently, was relinquished by the government of New Bruns- wick. Subsequent to the. last census, and the adoption of the above proceedings by the authority 233 of this State, in connection with Massachusetts, a. number of persons, some citizens of the United States, and others formerly belonging to the British provinces, principally descendants of persons born in this country, out of the province of New Bruns- wick, before the revolution, have settled on this territory. A few foreigners are intermixed with the Americans, and a small number of Irish are understood to have planted themselves in the neigh- bourhood of the line. Some seem to have gone on under the persons who have cut timber. With whatever impression the original trespassers may have gone on, the present settlers appear to have established themselves generally in that country under the opinion, that it was American territory. They understood that they were within the boun- dary line, ds it had been repeatedly run. They were so informed by respectable persons, and as^ sured to the same effect by public agents. They learned that a part of the land had been granted by the government, and knew that the country was surveyed by the States ; and their object was to obtain title of confirmation to their possessions, either from the proprietor or the States. It is believed that these remarks apply to all the native Americans ; and the only exceptions to them are understood to be individuals of foreign extraction. The population of this settlement is represented to be of the same general description, which has been formed on the new American settlements in the vicinity of Houlton. The traits of character by 30 ■j'll! 1 ' • ,!i' i ^;,.^t I iiiii 234 I' ■; ', Wi' r U - ■ ] : .it > :i V,l I j'r ' r'' flf ' * . .V which their appearance and conduct are chiefly marked, are industry, activity, hardihood, sense, and honesty. These settlers have only an equitable title to their lands, some of which they have cleared up and cultivated, and from which they have taken good crops for several successive seasons. They have made some attempts to avail themselves of the advantages afforded upon their streams for the erection of gristmills, which have not been fortu- nate ; and their means for this purpose are quite inadequate. The settlers of this section have been peculiarly situated. They are nearly isolated from the rest of the community. They have not enjoyed the benefit of any legal magistracy, nor the advantage of any internal intercourse, being surrounded with wilderness except by the circuitous course of the St. John, towards Houlton. The connexions of these people have been necessarily with that river, where they have sought a market or conveyance for their produce, and whence they have been obliged to derive their supplies. The American inhabitants, whose concerns have carried them to- wards the river St. John, have been exposed to a system of municipal regulations or inhibitions, operating on articles of domestic produce, and subjecting it to seizure any where in its transit, the manner in which some of these regulations have been put in force will appear from aflidavi^s of persons belonging a considerable distance below wm ,235 ihe Aroostook. Instances of this description ar, ;l li:'. 1 n. ■■;;!] t 111' ''-it. i: 'H i'i:j| i 238 mi 4 .'- the collisions, thpt have occurred between the per* sons despatched by Mr. Morehouse and the people living on the Aroostook, is rather a subject of re- gret than a matter of surprise. In the absence of any regular administration of justice, having adop- ted the principle of an equitable arbitration, to which they undertook to yield voluntary deference, the inconvenience of having its first operation overruled by the order of Mr. Morehouse seems to have led to a sort of after consideration or in- quiry respecting the bounds of the parish of Kent ; and consequently into a question concerning the applicability of Mr. Morehouse's authority within the American boundary. Admitting that authori- ty to extend to the settlement on the Aroostook, the opposition into which Dalton and others, who undertook to aid Arnold in the recovery of his cow, were betrayed, would be clearly without justifica- tion. At all events it is obvious, that the state of doubt which has thus been cast upon their condi- tion, has led to the unfortunate consequences of irregular reprisal ; and however it may be deemed a measure of venial oflfence against unauthorized aggression, it has involved the well meaning and otherwise unoffending inhabitants of this settle- ment in the evils of a state of border warfare. Several illustrative details are exhibited in the af- fidavits. The inhabitants ot the Aroostook, while they have thus been subject to process from Mr. Morehouse, do not seem to have been considered by him as being entitled to the protection of the « 4 , i 239 government which he undertakes to personate. Early laat spring he appeared among them, and forbid their working on the lands and continuing their usual labours of clearing and cultivation, to get a hving. He posted up written notices to this effect on the Eaton grant, and in different places ; and marked some small parcels of lumber, which they had cut, for seizure. It was shortly after this period that George Field, whose affidavit is exhibited, appears to have left the country in con- sequence, as he says, of the inconveniences to which he was exposed, and went with his family to Houlton. These settlers seem to have been generally regarded by Mr. Morehouse in some light as a sort of outlaws, or wild people, who had no proper habitancy, and were liable to be dealed with in any manner that might please the province of New-Brunswick or its proper officers. In no legal light do they seem to have been regarded as subjects, except astre!=as8€rs and intruders on crown lands, liable to judicial process ; and under colour of some such character, measures appear to have been subsequently applied to divest them of their property, and expel them from their posses- sions. Early in the month of July last, Daniel Craig came with the first writ from Mr. Morehouse to take the cow that Arnold had of M'Crca ; and also delivered summonses to the settlers to appear forthwith before the Court, which was then on the point of sitting at Fredericton, to answer to the 'I ii t.i ::' il 11':' ''i'li ■ I 240 Vf, - King of Great Britain, in pleas of trespass and in- trusion on crown ^ands. This process was served by him indiscriminately on all the inhabitants, in- cluding tbe citizens of the United States, as well as those born in the provinces, or others. This eudden proceeding naturally produced a state of confusion and consternation among the settlers. No time was afforded them to deliberate. It was necessary to set out immediately in order to ar- rive in season. Some concluded to go, and others determined to stay. Some proceeded part way, and then returned home. Others kept on their journey to Fredericton ; among whom were some of the Americans. Those, who continued to the end, were subjected to severe privations, and were obliged to remain several days, without means of support, or being able to obtain any other satisfac- tion, than that it would be nec(?f^sary to appear again the present winter. The narrative of these circumstances is contained in some of the affida- vits, and may suffice to convey an impression of the embarrassment and distress occasioned among these settlers by the service of this process. The affair which followed soon after respecting the taking and retaking of the cow, which was adjudged by the referees to belong to Arnold, on the warrant of Mr. Morehouse, accompanied with a sense of their having exposed themselves to his displeasure, and perhaps to the whole force of au- thority from New-Brunswick, operated with the me- naces of the constable employed on that occasion, 'hi mM'^ 241 and the conduct of the Irishmen at the Hnes, and the reports which they received now and then from below, to keep the inhabitants of Aroostook in a continual state of agitation and alarm. They were particularly threatened with a visit by a larger party than the former, to punish those who were engaged in that affray, and put an end to any fur- ther spirit of opposition by destroying all means of resistance, or removing the inhabitants from the settlement. The reality of tb j apprehensions en- tertained by the persons who were concerned in that affair, is attf'sted by the circumstances of their being afraid to occupy their own habitations, lodging about in different places, in barns, or in the woods, mustering together for the night in larger or smaller parties, or separating for great- er security. The statements of several of the set- tlers on this subject relate to particulars within their experience orHtnowledge. A circumstance, that may seem not to have di- minished the ground of these apprehensions, oc- curred some time in the month of November last. The dwelling of Ferdinand Armstrong was enter- ed about break of day by a small party from be- low, who seized his brother James Armstrong, soon after he had risen from bed, and conveyed him in a canoe, without loss of time, out of the territory. He was obliged to give up articles of wearing apparel^ and part with what means he had, in order to obtain his release, the party pretending to have authority to compel payment of a debt M m Ml li ,1 l"ll'l ''ii,'l! 242 Wi m tr t I "^' r Ifi [Jrj ' and costs. Threats were also uttered that men and horses were coming up the first sledding, to take those who were concerned in the of- fence about taking the cow away. Richard In- man, who was particularly mentioned as of the com- ing party, appears to be one of the persons pre- viously employed by Mr. Morehouse, and whom the settlers were most afraid of, in consequence of his practice of visiting them with arms. In consequence of these occurrences and im- pressions, the inhabitants of the Aroostook have been afraid to go down to the river Saint John, either to mill, or to obtain their necessary sup- plies, and have undertaken the present winter to effect a communication with Hculton, by cutting out a road altogether within the American terri- tory. They were employed upon it the last of December, and judged they were about abreast of Mars hill, and hoped to accomplish it in about thirty working days. The pioneers employed to mark out the direction had found their way out at Foxcroft, after enduring intense cold, and suffering most severe hardships. The condition of the inhabitants of the Aroostook may be shortly summed up. They are of the same general description as th*se that have made pur- chases and improvements within the new townships or plantations on the American territory, living in the neighbourhood of each other and of the river St. John. They are upon land, of which grants and surveys were commenced several years ago, 243 sometime before tlie war with Great Britain, under the authority of Massachusetts, without remon- strance or objection from New Brunswick. They have settled upon the territory along thirty miles into the interior, without title, subject to the rights of the proprietor or the proprietaries, and to the laws of this State, then established. They acknowledge its authority, and, as it would seem to follow, are entitled to its protection. The authority of New Brunswick cannot apply to them on the ground, that any of them had been formerly inhabitants of that province, any more than that of Maine extends to its citizens in New Brunswick. A government has no power to cause precepts t ^"^ executed upon its own subjocts in a foreign ju ; \ tion. The Government of the Unit- ed States shields aliens who arc residents, and are well aftected towards its principles, and wish to become citizens. But several of them arc Ameri- can citizens. The actual survey and occupation of this whole country, under the public authority of Maine and Massachusetts, were entitled to consideration from the province of New Brunswick. Thene acts were at least to bo respected, as assertions of right, on the part of those two States; and some re;;ard might have been had to the circumstance, that this right was originally exercised under ignorance of any adverse claim, and lon<5 before! any w;im ad- vanced. On the other hand, no act had ever been exercised on this territory by the government of |: I'. Mil, I i li i s;%^ 244 Jt' H New Brunswick, except in permitting its subjects to cut timber the same as on crown lands. So irregular a practice could not be sanctioned or sustained ; and in compliance wuh the sense of the superior government, it is supposed, that the pretension vvas relinquished as untenable, with a fairness of profession which gave it credit. The power of removing the trees from the territory, brought into dispute, has been abandoned ; and a new practice has taken place, to wit, that of re- moving the people there planted. If this principle can be supported, it abrogates the whole authority of the State of Maine over this portion of its territory The next course of inquiry relates to the state of things upon the territory of Maine upon the river St. John, within the boundary lino, which crosses that river, about three miles above the grand Falls, where the navigation of tho river, is interrupted, and where it was contemplated on the part of Great Britain, in detern)ining the St. Croix, that the meridian would cross. It may be proper, in the first place, to advert to the situation of a colo- ny oi French settlers which planted themselves within our territory, principally, if not entirely, since the acknowledgment and establishment of the bounds of Massachusetts, by the trt.ay of 1783. This settlement was compoHcd of ancient French neutrals, who had originally endeavoured to escape from the government of Nt va Scotia, or of their descendants, who hud been expelled from their 245 farms and improvements on the establishment of the province of New Brunswick ; and who have been joined from time to time by their country- men from Canada, who have not chosen to con- tinue under the government established on its conquest. It is not known whether any individual of Euro- pean origin existed on this territory at the peace of 1782; nor that excepting aboriginals, any other than descendants of French ancestors had made any occupation, prior to the peace of 1815. The Acadians had retired with the Indians from the presence of the population, which took possession of that ancient part of Nova Scotia, after it was yielded to Great Britain and settled by emigrants from the United States, who adhered to the British government ; and have always lived in great har- mony among themselves, as a distinct race, pre- serving their own language, habits, and manners. Situated near the borders of the American terri- tory, at a distance from any officers of government, they appear to have also preserved their neutral character, and to have remained as a people by themselves, so far as they might be permitted by their position toward the province of New Bruns- wick. Without having any sympathy with the system established in that government, they have not been in a condition to oppose the exercise of any power that might be exerted over them. Lit- tle occasion could be presented for the employment of criminal process, among the relics of a primi- > , i 1 k' It !; Ill) 1 1 ■ i; . II i; t i i i: m ;,;rr • 'i|!f 246 ■0. I i'i« ti > tive population, represented as of a " mild, frugal, industrious, and pious character," desirous of find- ing a refuge under the patriarchal and spiritual power of their religion. It has been customary for them to settle their civil affairs of every descrip- tion, including their accidental disputes and differ- ences among themselves, by the aid of one or two arbiters or umpires, associated with the Catholic Priest, who is commonly a missionary from Canada. Without any predilection toward a foreign faith or power, they have had a natural desire to be quieted in their possessions ; and it is stated that one or two of them, under circumstances not exactly known, either obtained or accepted grants of cer- tain parcels of their property at an early period from the province. The propriety of relinquishing any practice of that kind, after the determination of the St. Croix, was obvious ; and the benefit of a sanction might have been allowed to the previ- ous facts of this description, without attaching to them any injurious motive or effect. The whole country, however, not in actual possession of any cultivator, was considered by the French settlers as open to occupation at the period of the last peace with England. In 1817 an American was invited to seat him- self near the mouth of the Madawaska river, where he was assured that no one had any right of pro- perty, and when it was afterwards claimed by vir- tue of a title, the fact was denied by the Indians on the ground that the right belonged to them. This 247 American, one who went from Kennebec, accord- ingly moved away from the place which he first took, to a situation near the St. Francis, where he still lives, unless recently removed. It appears that a military post formerly existed at the Grand Falls, immediately below the boun- dary; and it is said that a militia authority was exercised among the inhabitants of Madawaska. Some power of this kind might perhaps have been used at an early period, before the territory was ex- plored and the boundary of New Brunswick deter- mined under the convention of 1 794 ; and it is not probable, that the French would have resisted any measure taken to compel them to train as militia. The works at the Grand Falls have been suffered to go to decay ; and there is no reason to presume that a superfluous military organization was main- tained among the remote inhabitants of Madawaska. It is not presumable that any usurpation of that nature existed for a long period ; especially after the settlement was known to fall within the Ame- rican territory. If such an use of form or force was continued however, it is to be enquired whe- ther it can be viewed in any other light than that of aggression upon the rights of the State, and those under its jurisdiction, and entitled to its pro- tection. The recent formation of militia compa- nies in that district presents itself as an act of the same character ; and it is reported that a foreigner, by the name of Francis Rice has stationed himself in this settlement, and undertakes to act as an adjutant of the militia of New Brunswick. Ill 1 1 I ' I 1M (h.i' ilii I i; 248 iii'-i ll <-<$■: vr ' i' Difference of religious faith and diversity of habits have naturally tended to prevent an inter- mixture between the' American and French popula- tion. The country in .general above as well as be- low the river Mad- vaska, has taken the popular de- scription of that river, and the name is generally made use of by the Americans residing upon the higher and more remote branches of the St. John. The Madawaska settlement extends several miles down the branch of the St. John, below the mouth of the Madawaska river. Several settlers were also scattered above, and a space existed of several miles above the mouth of that river, which has re- cently been occupied by French settlers, some from Canada, and others from the settlement be- low, and formed into a new settlement by the name of Chateauqua. They have undertaken to erect a church, and it is stated that a militia company has been formed among them, by authority out of this State. This new settlement extends from the mouth of the Madawaska river to the vicinity of the mouth of the Mariumticook stream, where the American settlement, properly so called, com- mences. Whether any foreign measures have been taken in forwarding the progress of the new French settlement, is not known. They are without titles to their lands except by occupation, and they have not been disturbed in their possession. Fines, however, have beer, imposed upon some of them for refusing to perform militia duty, from abroad, during the past year, without regarding the objec- 249i tion that has been made among them to train, on the ground of their being within the American government. The situation of the recent settlement seems to merit some attention, from the circumstance of its now forming the connecting link between tLo for- mer French settlement below, and the American settlement immediately above. It is also brought into notice by the attention apparently bestowed upon it by the province of New-Brunswick, which extends the demand of militia duty as high as th:s settlement, and considers all the Americans who are settled above it as aliens. It may be proper to remark in this place, that any occupation, which the government of New-Brunswick may have held within the American territory, being without right, and against right, its operation is not to be enlarg- ed by any favourable construction. Before passing from the consideration of the French settlement in this State, it may be proper to remark, that the population of the whole com- munity, according to the census taken by the au- thority of the United States in 1820, amounted to over eleven hundred. The computation probably included a number of American settlers, who had come into the country not long before, and were enrolled in the same manner with them in the body of x'^merican citizens. If since that period any of these persons have been induced to go into the province, in order to give their votes ; if pro- 32 i I, H'/ t:iil ■M'i i! %. • 260 vincial magistrates have been allowed to send civ- il process into this settlement ; if individuals have been employed to officiate in executing the pro- vincial police ; these can only be viewed as acts, which it is extremely difficult to reconcile with sentiments of respect for the opinion signified by the government of the United States. After this French settlement was found to fall within the survey of the American boundary, these settlers, being in no other sense to be regarded as British subjects than as they might happen to reside in British territory, it would have manifested a decent respect to the authority of the United States, be- yond the most repeated exterior demonstration, to have abstained from direct exercises of supreme jurisdiction. The first American settlement was made above the French, and commenced from the clearest in- formation, in the year 1817. It consisted of sev- eral persons then citizens of Massachusetts, who moved from the Kennebec, and established them- selves with their 'families on different spots, the lowest at the mouth of the Mariumticook, and the highest not far from the mouth of the St. Francis. it was well known in the province of New-Bruns- wick, that these emigrants considered they were on American territory, and that their object was to obtain a title under the American government. It was also understood that they carried with them a magistrate, and that thoy intended to procure an incorporation. Whether any, or what measures 251 may have been taken by persons within the pro- vince, acting upon this information, it is not with- in my power to detail. It may be remarked, however, that according to the best account, the whole territory of which they entered into occu- pation, was previously uninhabited, and unim- proved. The provincial government had never made any grant above the river Madawaska. The American settlers on the St. John were above any French settler. They and their assigns have since continued in the occupation of their lands, and a portion of the original settlers still remain. In 1825, grants were made by George W. Cof- fin and James Irish, Esquires, acting as joint agents for the Commonwealth of Massachusetts and State of Maine, by virtue of resolves of the respective Legislatures, bearing date February 26, and June 11, 1825, to John Baker and James Bacon, seve- rally, describing them as inhabitants of a planta- tion called and known by the name of the Mada- waska settlement, in the county of Penobscot, sit- uate upon the river St. John. The land granted to Baker was described as beginning at Marium- ticook stream or point on the St. John river, and bounded to contain an hundred acres. This was the same point of land which was originally taken up by his brother, Nathan Baker, one of the ori- ginal^emigrants from Kennebec, then deceased. It was a mill seat, where there have been erected a saw mill and a grist mill. John Baker married his brother's widow, and has brought up his family. i!l;:! i: i i'< i' Ml i-i' m m Aiii m 262 i- • • ',1 .f .4 i He has been building a new house, which would have been finished last fall. The land granted to Bacon was below the grant to Baker, between the point and the new French settlement. Since the foundation of the American settlement before men- tioned, a number of other American settlers had tak( n possession, and made improvements, with- out interfering, except by purchase, with any pre- vious occupation. The Land Agents of Massachusetts and Maine appointed provisionary Agents, with authority to grant permits to cut pine timber on the territory of the United States. Without a permission of this kind, it may be noticed, the mill at the mouth of the Mariumticook would have been useless. The government of New-Brunswick became informed of this fact. A considerable quantity of lumber, partly purchased by John Baker before mentioned, and partly made at his mill, was afterwards seized in passing down the river St. John. Timber cut on crown lands within the province, by British subjects, was allowed to be redeemed by paying a certain duty. This composition was a privilege denied to Baker, whose property on that occasion appears to have been confiscated on the ground that he was not a British subject. All the Ameri- cans settled above the river Madawaska, are re- garded as aliens by the provincial government of New-Brunswick ; and a certain fine or tax has been demanded of them, called the alien tax. This is a species of joint military and civil action, wHi *^i ! 263 exercised in the first place by provincial officers of militia, and enforced by Justices of the Peace. One or two cases have occurred, in which precepts have been sent among the American settlers on civil suits, by Mr. Morehouse, who resides upwards of fifty miles below, on the river St. John. On one occasion, an American above Chateauqua was arrested on a warrant from Mr. Morehouse, on a charge of larceny by one of the settlers ; but the evidence against him being insufficient, no final proceedings took place, and he was discharged. The real culprit was afterwards discovered, and on his confession the Americans were proceeding to conduct him to Houlton, nearly an hundred and forty miles distant ; but on their way he made his escape in the woods. — The American settlers have been subject to these and similar inconven- iences, no doubt, in consequence of the absence of any civil officers, such as were recommended to be appointed by the Land Agents ; and occa- sions have thus been afforded for admitting the agency of Mr. Morehouse, as a civil magistrate, which would not otherwise have existed ; and for which, 'ome possible apology might be kiri in the circumstances of the country. An exorcise of this intrusive authority, however, in tlie course of the past year, appears to have given rifie to a species of opposition among the Americans, which was construed by Mr. Morehouse as resistance to his authority. It appears that some difficulty took place in liJI fir 254 p. 1 .4^ .._ I I procuring the service of a writ which was sent by Mr. Morehouse against James Bacon ; and it may be suitable to state the circumstances accompany- ing that transaction. It seems, that reflection on their situation, combined with a sense of the in- convenience to which they were exposed, from the acts of Mr. Morehouse, led to an understand- ing among them to avoid any employment of his authority ; and, having no regular magistrate, to endeavour to settle their affairs, as well as they could, among themselves. The unfavourable opi- nion cherished by Mr. Morehouse, in respect to the Americans at that settlement, may have con- tributed to increase their aversion ; and his occa- sional visits to view their proceedings may have tended to strengthen a mutual dislike. Mr. More- house had formerly demanded Bacon's deed from the Agents, and knew the title under which he held. He had also made inquiry into the authori- ty given to Bacon by the Land Agents, respecting the cutting of timber, and satisfied himself on that subject. Recently he sent a person with a writ, to arrest Bacon, on a small demand in favour of one of the inhabitants ; und the deputy sent by him returned without effecting service. Ano- ther person was then sent, accompanied by a considerable party, with a view, probably, to make effectual service. Bacon collected a number of his friends about him at his house, which in on the land granted to him, below Baker's, and, sup- ported by their presence, signified his refusal to submit to the mandate of Mr. Morehouse. 265 The principle on which they placed their de- termination was, that they were Americans, on American ground., and that Mr. Morehouse had no right to extend his authority over them. Some re- sentment was manifested by them towards the in- dividual who had the indiscretion to apply to Mr. Morehouse ; but no violence used towards any of the party who came to arrest Bacon. The leader of the party, who officiated on that occasion as a constable of the parish of Kent, became convinced of the inexpediency of proceeding to execute his precept, and professed to respect the ground of their determination. It was agreed to settle the demand by amicable reference, which was accord- ingly done, and the affair terminated; except that the constable afterwards pretended to have an execution from Mr. Morehouse, for the costs. The spirit of opposition to the power of Mr. More- house, discovered on this occasion, assumed the form of a general agreement among^the American inhabitants, to avoid all applications of foreign au- thority, and extended to an outright denial of the British provincial jurisdiction. For the legality of this position, they reasoned and relied upon their original character as American citizens ; the cir- cumstances of their Hottlcment, in that capacity, upon vacant American territory ; and the assuran- ces of the Land Agents, which they understood decidedly to that effect. Whether they were de- ceived in the ground they took, by officious and unwarrantable acts, or whether any errors they m ' 256 I J, 1 I)!:. ■ '•M. EX, I i. ■ !• may have committed, may be imputable to omis- sions on the part of either State to provide for the security of property, and preservation of citi- zenship, it belongs only for those to consider, by whom the powers in fact exercised, were imparted. The measures now made use of by Mr. More- house, were directly brought to bear upon the right of the two States to make the grant to Ba- con. This being the lowest grant upon the river St. John, was the only barrier against a general inroad of authority from the quarter below, where Mr. Morehouse resided, to the American terri- tory above ; and the taking of the person of Ba- can, without remonstrance, from the position in which he was placed by 1?he act of the two go- vernments, might have removed the only obstruc- tion, and determined the practical question. A paper writing was accordingly drawn up, and sign- ed by the American inhabitants generally, consti- tuting a sort of compact, by which they i -reed to adjust all disputes among themselves, by virtue of referees, without admission of British authority, and that they would support each other in abiding by this determination. This was to be a provis- ional agreement, to continue in force only for one year; and, in the mean time, application was to be made to the government, in order to be made certain of their condition, and to obtain, if possi- ble, the be lefit of some regular authority. Of the propriety ol this resolution, or of the proceedings by which it was isccompanied, it is not for me to VA 267 omis- ie for )f citi- ier, by )arted. More- on the to Ba- le river general , where 1 terri- of Ba- ition in :wo go- ibstruc- on. A nd sign- consti- reed to irtue of thority, abiding provis- for one was to made if possi- Ofthe icedings me to express an opinion. It may suffice to say, that it seems to have been dictated by the necessity of t>hcir situation ; that as citizens of Maine, some reference was proper to the rights and sentiments of the State ; and that in any judgment of their actions, some respect should be had to the author- ity of Maine. As a prelude to this arrangement, the Ameri- cans generally assembled on land conveyed to John Baker by the States of Maine and Massachu- setts, and there erected a staff and raised a rude representation of the national eagle. They also partook of a repast provided by Baker, and en- joyed the festivity in the manner that is usual to Americans, in celebrating that occasion. One of the French was hired as a musician, and a few others were attracted by the spectacle, and in- vited to the table. The same thing has been some- times done by Americans transiently collected in the provinces, on the same anniversary, without affording offence. But on the present occasion there is no ground to doubt, that it was deliberate- ly done to advertise Mr. Morehouse of the manner in which they viewed their own rights and his au- thority ; and when he appeared, as was probably expected, to inquire into the moaning of this en- sign, it was explained to him. Mr. Morehouse thereupon gave order for its removal to Baker, which the latter refused to obey. It is not known that either of those persons had nny more direct authority for his proceeding than the other ; which 33 0* r:i % 268 had the better right may admit of a distinct ques- tion. But the object was to apprize Mr. More- '"Tuse of their opinion. Neither Baker nor Ba- con pretended to exercise any authority among their fellow-citizens, on this occasion, although they probably rendered themselves conspicuous to to Mr. Morehouse. The epithet of General was one that was not bestowed on Baker until after this af- fair. Mr. Morehouse also demandod the paper of agreement that had been entered into by the Americans ; which they declined to deliver. Mr. Morehouse was informed that the paper had been offered to one Peter Markee, a French lad who was at the American settlement. If this was done with any intention, it was a circumstance which took place in the absence of Mr. Baker, and v/as contrary to the original purpose, which was to con- fine the step to Americans exclusively. Mr. Ba- ker, hearing a report that the route of the mail was altered, (a change which the Americans had no wish to take place, as it was a matter of con- venience to them,) and meeting the carr'er in his canoe inquired whether such was the fact. This inquiry was undoubtedly misconstrued by the Frenchman who carried the mail, and the ;;ircum- stance might hr e been cxagjr/orated to Mr. More- house. Upon information of this kind, however, together with his own knowledge, Mr. Morehouse subsequently proceeded to issue a warrant for the arrest of Baker, and, it is also understood, of James Bacon and Charles Stutson. In the mean time 259^ the inhabitants agreed upon referees, and appoint- ed Baker and Bacon a deputation to proceed to the seat of government with a request to have their case laid before the Legislature at its next session ; and to inquire of the executive authority whether they were recognized as citizens of the State and entitled to the protection of its government. Ha- ving received an answer in the affirmative, to be communicated to their constituents, with injunc- tions to observe the utmost caution in their con- duct, and having left their application to be laid before the Legislature, they returned through the wilderness by the way they came, and arrived at home a short time before the execution of Mr. Morehouse's precept. Early in the morning of the 25th of September last, soon after their return, while Baker and his family were asleep, his house was surrounded by an armed force, and entered by persons of a civil character and others armed with fusees, &c. who seized Baker in his bed, and conveyed him without loss of time out of the State. The particulars re- lating to this circumstance are detailed in the state- ment of Asahel Baker, a nephew of John Bakor, who was first awakened by the entry, and whioh, although not exhibiting any solemn attestation, may, nevertheless, be relied upon as substantially correct. It is proper to add, iliat the person, con- ductuig the execution of the warrant, pro\«;d to be of high official character and personal respecta- bihty in the province of New Brunswick. He was ^80 informed that papers were in possession of Baker under the authority of the States, but he replied that it was not in his power to attend to any re- monsfrance. No resistance was made by Mr. Baker, and no opportunity was afforded hirn to have intercourse with anv of his friends and neidi- hours, from whom it is reiisonablo to suppose oppo- sition might have been apprehended. Mr. Baker was carried before Mr. Morehouse, in obedience to the warrant ; it does not appear that any exa- mmiilion took place however; but that, hjs was conveyed to Fr»itlericton and there committed to gaol. The letter l>om your Excellency to the American inhabi^^Mits at the upper settlement, was delivered by hiisi to the authority under which he was impri£«oned, and, after some detention, res- tored to him. The immediate impression produced among the inhabitants of the ^^ettlement bv this circumstance, may appear from the further statement of Asohel Bi'Jier. Hp was the person employed to bring a representation from them of the arrest of Baker, which was deposited by him in the first post- office he reached in Kennebec. He was absent a number of days, and on his return, found that several of the inhabitants had departed. It ap- pears that in the interim the alien tax had been •!gain demanded, and process had been served upon the American settlers generally, sim>lar to that which had boon previously served the Arorstook indiscriminately, to appear ^* F - .enc- 261 Baker replied my re- ►y Mr.. hirii to neigh- s' oppo- Baker jdience IV exa- hji was tted to to the nt, was lich he Djn, res- ong the istance, Asahel bring a Baker, 3t post- ibsent a nd that It ap- id been served Tii ir to the .enc- ton in October, to answer to suits for trespass and intrusion on crown lands, under the penalty of an hundred pounds. It is understood, that the ser- vice of this process was extended to the American settlers toward the St. Francis and upon the Fish river, whe^e the road laid out by the Legislatures of the two States terminates. In consequence of these circumstances it appears, that three of the American settlers, viz. Charles Stutson, Jacob Goldthwraite, and Charles Smart, have parted with their possessions, and removed from the set- tlement into the plantation of Houlton, where they are at present seeking subsistence.^ Stutson was a blacksmith, in good business, and was concerned in the measures relating to Mr. Morehouse. The motives and particulars of their departure are stat- ed by them in their respective affidavits. In the precarious state of their affairs, it is probable that no certain estimate can be formed of their sacrifi- ces ; but it is evident that the measures made use of towards the inhabitants in general, for whatever purpose, have had the effect to expel a portion of them, and to intimidate the remainder. It is not understood that these measures have been extended to the French settlers on the Madawaska, who are wi'\out title to their lands, and it is probably not the case ; but it is evident that a correspond- ing applica':on of jui^icial proceedings has been made, frcn liie pnvince of Now Brunswick, upon all the d3ctlements above and bc'ow the French occupation of Madawaska, tending to their axter- T'.. 262 lit v: ■■■' ' mination ; and that the inhabitants are awaiting, in a state of fearful anxiety, the final measures of execution, from which they see no prospect of re- lief. The plantation of Houlton is the common place of refuge to which they direct their feet, as it was the custom in the eariier annals of New- England for the frontier settlers, in case of appre- hension, to gather toward a garrison. In pursuing the inquiry concerning the nature of aggressions complained of as committed by inhabi- tants, it may not come within the terms of my ap- pointment to ascertain how far any proceedings that have beea adopted, may be traced to the au- thority of the government of. New Brunswick. The general application of judicial process, however, from the province of New Brunswick to all parts of the settled territory, comprehended in the claim of Great Britain, seems to give rise to such an in- quiry. The summonses served on the settlers on the Aroostook and upon the St. John, from the Mariumticook to the Fish river and St. Francis, appear by comparison of numerous copies to be all in the same form, for trespass and intrusion on crown lands. A copy of an information served on John Baker, since his imprisonment, describes the land of which h(^ is in occupation, as lying within the parish of Kent, in the county of York. It may be therefore pertinent to inquire into the history of the parish of Kent, and refer to other measures of the provincial government, preliminary to the above mentioned process. 263 The act of incorporation of the parish of Kent, ia dated 1821. It is entitled " An act to erect the upper part of the county of York into a town or parish," and provides, that " all that part of the county of York, lying above the pansh of Wake- field, on both sides of the river St. John, be erected into a town or parish, by the name of Kent." The parish of Wakefield was incorporated in 1803, by an act also entitled " An Act for erecting the up- per part of the county of York into a district town or parish." A statistical account of New Bruns- wick, published in Fredericton, in 1825, describes the parish of Kent as extending on both sides of the river, from the Grand Falls to Wakefield. The parish of Wakefield, it is understood, extended above the military post at Presque Isle, a station which was abandoned the year foUowing^the crea- tion of the parish of Kent. A succinct statement may be made of the mea- sures adopted by the government of New Bruns- wick the present season. By an official act of the 9th of March last, reciting that satisfactory assurances had been conveyed to his Majesty's government of the earnest wish of the government of the United States to reciprocate the conciliatory disposition shewn in regard to the disputed terri- tory at the upper part of the river St. John, it was declared to be most desirable, until the present question th»^reto should be finally settled, that no new settlement should be made, or any timber or other trees (L ?d in the wiKierness parts of that I! 264 territory, oor any act done vvhich might change the state of the question as it exii^ted) when the treaty of Ghent was executed. Instructions were accordingly issued, addressed, in general terms, t<) a,! ^r, j^istrates residing in the vicinity of what \ras termed disputed territory, di- recting them how to proceed, in the event of " any depredations being attempted, by either party, on the lands in question." They werr quired to be vigilant, and use their utmost diligence to discover any attempts which might be made by any of his Majesty subjects to intrude upon the territory, with a view to make settlements, or to cut timber, and to make immediate representation thereof to his Majesty's Attorney General, that legal steps might be taken to punish such intruders and trespassers. And should they discover " simi- lar attempts to be made by any other person, whether unauthorized, or acting under color of authority," to use their best endeavours to ascer- tain the names of such persons, and report them to the Secretary of the province, with affidavits to establish the facts, for the Lieutenant Governor's consideration. Information of these proceedings was communi- cated to the government of the United States by the British Minister, in September last., a& fur- nishing proof of the friendfy lisponit-on which ani- mated the Lieutenant Gt v nor of New-Bruns- wick. Mr. Clay was at the aaino lime informed by iVIf. Vaughan, that no attempt iiad ever been made to fc^ninew set^tlen^nl^, iind ikv 'he^JUieiU^nant QofieiFliPF W^^ c4)^tain0d^ cxercisingaQy ^iUr thorily ovejt tliQ' unoccupied pa^ts of the disputed terrjUoiiri except for t^ puf|K)a^.:Qf picserviog it ii^ iMi prc^^pt stat^ ; a^d a^orfisd Me. Clay tha^b' waa ptbe wi^h aJ3i?^,;thf daty of the JUii^wtenaBt Qo^: mcmtU) avoid giv||^Jthe Jiligt^iQ&t u tbo government 0^" tb§ IInit:t^ •om the iir this cy's at- [) which led, and leduces icter of an end ine ; as British 3 of ev- can be resent ; ic man- r be ex- ) a pro- > dimin- which 3 with- drawn from the jurisdiction of the State ; although it may allay your surprise at the determination of the Lieutenant Governor of New-Brunswick to de- cline any intercourse with the Executive authority of the State, of the kind that has heretofore ex- isted between adjoining governments. If it be the correct state of fact as thus repre- sented, that the territory in question has ever con- tinued in the occupation and possession of the British Crown since the treaty of 1783, it affords a strong colour unquestionably to the claim insist- ed upon to the absolete sovereignty ; as in a dubi- ous case of right, where lines have become ob- scured, an open, notorious, and exclusive posses- sion, for a great length of time, in the presence and without the reproof of an adverse claimant, must ne- cessarily have great weight in determining the ti- tle : and the principle thus strongly assumed, gives an important aspect to the demand which has been made upon Maine and Massachusetts, under the form of the fifth article of the treaty of Ghent. It is to be doubted, however, whether your Ex- cellency will be able to discover evidence of the existence of any British settlement whatever with- in the boundary of Maine. I'he act of undertak- ing to remove all the settlers upon the territory to which the British government lays claim, exci;pt the French, as trespassers ar.d intruders, certoinly does not tend to give any portion of the territory the character of a British settlement by reason of their residence. Whether the act establishing the 4 270 ^', h4 in': . i i ft , t Pari^ of Kent was intdnded to form a British settlement beyond the boundary, may depend upon the limits assigned to it ; if it have any other than those of the disputed territory. -^^ .> ue. -XkijfikMi^. '" The summonses to the settlers on the Aroostook were dated 19th of May, and served early in July, before any movement of the Americans in the up- per settlement on the St. John. On the 11th of August, Mr. Morehouse transmitted a list of Amer- ican citizens settled on the river St. John, above the French settlements. The summonses to the latter, so far as seen, were dated Sept. 17th. It is not known that there was any one of the American occupants in that quarter, where all are American citizens, omitted in the process. Warrants were also out against Bacon and Stetson, on charges similar to those against Baker, but had not been executed. It is due to say that I derived valuable benefit from Mr. Barrell, to whom I also endea- voured to afford all the aid in my power. The result of this inquiry, from the justification advanced, is tliat the government of New Brunswick recognizes the acts committed by her magistrates, and adopts them in all their bearings. It is now perfectly understood, that the government of New Brunswick claims to extend the laws of the pro- vince over a large portion of the ter» itory of Maine. The operation is not merely left to inference. The design is not affected to be concealed. The pre- tension is publicly nnnonriced in official papers and communications, speaking the unequivocal Ian- 271 British id upon er than }03t00k in July, the up- llthof ' Amer- , above to the 1. It is nerican nerican its were charges ot been aluable endea- fication mswick istrates, is now of New 10 pro- Maine. !. The he pre- ors and al lan- guage of the government. We have a frank ex- position of the views which are entertained by the British Minister in this country, and the sentiments and spirit, which animate the Lieutenant Governor of New Brunswick. The whole tract of country whieli has been the scene of late complaints, is challenged as being within the allegiance of His Britannic Majesty, under his sovereignty and juris- diction, and subject to the municipal regulations and control of liis government. No persons are considered as lawfully residing therein, except by the authority or sufferance of the Provincial Gov- ernment. No inhabitants of this territory, whatever time they have been on, are deemed to be pos- sessed of any estate therein, except by virtue of the province laws. No residents arc entitled to acquire any rights in real estate, except British subjects. All other occupants of the soil are treat- ed as trespassers and intruders. All other inhabi- tants arc liable to the disabilities of aliens ; and to the restrictions imposed upon their actions, inter- course, and industry, by the enactments of pro- vincial legislation ; and likewise in respect to the right of bearing arms. Every American citizen is required to report himself within two months after his arrival, to a regimental quarter-master, and is subjected to an annual assessment for the mainte- nance of the provincial militia. The residue of the territory, excepting such small portions as may be parcelled out, is reserved as crown lands ; and trees are forbidden to be cut among the Koyal '■^rf^A '.([•' ,- f ■ -/ ■ ".:•'- '^;'- , - *' , ^l I 272 Forests, upon tho penalty of the province laws. Grants and licences are withheld or suspended for profound considerations. In other respects the authority and laws of the province are put in ac- tive operation, and asserted in full vigor. This ^description is to be understood as applying to a large part of the State of Maine. m^^^ . .b^ym--Mm^* - The consequence is, that the class of cases con- cerning which the government of Maine is anxious to extend its inqu.iy, is not considered as coming within the scope of her constitutional care and cognizance. The individuals, on whose behalf her solicitude is excited, are intruders upon lands not within the State of Maine. Although citizens of that State, they have put themselves out of its power, and lay no longer claim to its protection ; but are liable to be dealt with only according to the laws of New Brunswick, and placed under its provincial police. This is the broad ground taken by the government of that province. While it is certain that no undue severity of motive can be attributed to the superior Executive of New Bruns- wick, *t is equally apparent that the provincial go- vernment undertakes to exercise in all respects the rights of the most incontestible jurisdiction. The facts are shortly these : Citizens of Maine and others, settled on land^, surveyed and granted by its authority, living witliin its ancient and long established limits, are subjected to the operation of foreign laws. These are apphed to them in the ordinary course of civil process, in taking away e laws, led for cts the in ac- This ig to a es con- iDxious coming ire and lalf her ids not zens of of its ection ; ding to ider its d taken lie it is can be Bruns- nal go- icts the Maine [ranted d long ,tion of in the away 273 their property, and also their persons. American citizens in this State, are proceeded against as aliens, for sedition and other offences and misde- meanors against the crown of Great Britain ; and one of them, a grantee of Massachusetts and Maine, ^seized on the land granted, remains in prison on charges of that description. A portion of this State, of considerable magnitude, in thus actu- ally incorporated into the adjoining province ; and his Excellency, the Lieutenant Governor, r. per- son of great virtue, is unable from his situation, to afford the explanations which these acts obvi- 0"^7 require, except to those under whose orders i* ' placed, or with whom he is obliged to cor- e«poDd. In begging leave to submit these circumstance to your Excellency's consideration, and requesting permission to refer to accompanying papers, I am sensible of the occasion there is to solicit your in- dulgence in performing the duty I owe to yourself and to the State. I have the honor to be, with the highest respect, Your Excellency's most obedient servant. (Signed) C. S. DAVEIS. Hii Excellenci/ Governor Lincoln. 35 ■■| ''I •I '1 ; '■'''^■U-i i\-'^TT' ' -■v. H-^K .. * . 1 ' 1 . tK STATE OP MAINE. A resolve in relation to aggressions upon the North-East- ern Frontier of the State. Whereas the sovereignty of this State has been repeat- edly violated by the acts of the agents and officers of the Government of the British province of New-Brunswick, and that government, by its agents and officers, has wan- tonly and injuriously harrassed the citizens of this State, residing on the Northeastern frontier of the same, and within its limits, by assuming to* exercise jurisdiction ovej- them, in issuing and executing civil and criminal process nr'Hinst them, by which their property has b<'en seized, ui.d some of them arrested and conveyed out of the State, and subjected to the operation of the laws of that pro-* vince ; in establishing military companies within the ter- ritory of this State ; imposing fines for neglect of military duty ; imposing upon our said citizens an alien tax, and re- quiring payment of the same ; and whereas, by the exer- cise of the aforesaid unwarranted acts of jurisdiction by the government of the said province, some of our citizens have been deprived of their liberty, their property destroy- ed, many of them driven from their lands and dwellings, the tranquillity and peace of all of them disturbed, and the settlement and population of that par? of the State ad- joining said province, greatly retarded, if not wholly pre- vented : therefore. Resolved, That the present is a crisis, in which the go- vernment and people of this State, have go«jd cause to look to ihe government oi' the United States for defence and protection against foreign aggression. Resolved further, That if new aggressions shall be made by the government of the province of New-Brunswick Mpon the territory of this State, and upon its citizens, and n?'K'' Vjf'^- ^*?<- •X - -#•? ^7« ■ .■.? h-East^ repeatf s of the nswick, as wan- ) State, ne, mid on ove* process seized, e State, I at pro-. Ithe ter- military and re- le exer- tion by citizens lestroy- ellings, and the ate ad- lly pre- "he go- luse to lefence seasonable protection shall not be given by the United States, the Governor be, and he hereby is requested to use all proper and constitutional means in his power, to pro- tect and defend the citizens aforesaid in the enjoyment of their rights. Resolved further^ That, in the opinion of this Legislature, the Executive of the United States ought, without delay, to demand of the British Government the immediate re- storation of John Baker, a citizen of this State, who has been seized by the officers of the Province of New-Bruns- wick, within the territory of the State of Maine, and by them conveyed to Fredericton, in said Province, where he is now confined in prison , and to take such measures as will effect his early release. * Resolved further J That the Governor be, and he hereby is, authorized and requested, with the advice and consent of Council, from time to time, to extend to the family of the said John Baker, such relief as shall be deemed neces- sary ; and he is hereby authorized to draw his warrant on the Treasury for such sum or sums as shall be required for that purpose. In the House of RepresentatweSf Feb. 16, 1828. Read and passed. JOHN RUGGLES, Sj^eaker. Attest, James L. Child, Clerk. In Senate, Feb. 18, 1828. Read and passed. ROBERT P. DUNLAP, President,. Attest, Ebenezer Hutchinson, Secretary. February 18, 1828 — Approved. ENOCH LIJVCOLir.