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Les diagrammes suivants iilustrent la mAthode. 1 2 3 4 6 6 H «.•• 'M'l-Mifc, "-<'*":■'-"• *r> *r:> ^^^cs o ^ >^2-^ ?lu,V-^^^ JUN £U Wob- SPEECH OF MR. FAIRFIELD, OF MAINE, ON THE NORTHEASTERN BOUNDARY ^UESTION, DELIVERED IN THE HOUSE OF REPRESENTATIVES, Thursday, March 8, 1838. C'-' k^ c Mr. FAIRPIETD addressed the House as fol- lows: Mr. Speaker: I am in favor of the bill which Jny colleague [Mr. Evans] proposes to introduce. What is it, sir? Why, it simply provides that the President cause the Northeastern boundary line of the United States " to be accurately surveyed and marked, and suitable monuments to be erected thereon, at such points as may be deemed neces^a- ry and important." And it is a measure so just and reasonable in itself, and so imperatively de- manded by the circumstances of the case, that I trust no member in this House will feel a disposi- tion to ojjpose it. In Maine, there is but one feeling upon this sub- ject. That State, sir, feels that she has suffered deep and enduring wrongs at the hands of the Bri- tish Government. She knows that she has been illegally and unjustly deprived of the property and jurisdiction in a portion of her territory; that the valuable timber upon that territory has been the subject of plunder and waste; that her citizens have been seizw and imprisoned in foreign jails, without 4law and without right; and that the nation guilty 'of these multiplied and gross outrages not only de- nies redress, but refases even to agree upon a mode by which the legality of he acts can be tried, and an amicable adjustment i.i the difficulties can be effected. That State also feels that "she has not been treated by tlie General Government as she has endeavored to deserve;" though, in her complaints >upon this subject, she goe« a lillle farther back than my colleague found it for his purpose to go. Thjs, sir, is no paWy fucsHon in Maine. It is true, there have been several attempts to make it a party question; but these attempts have always proved abortive. And this bill, introduced by my colleague, was agreed upon by the dclegalicui from Maine without regard to politics or party, and is introduced in nursuanre of an arrangement be- tween ihcm. It was with extreme regret, there- fore that I found my o(.|lengue dinpomi to make it the basis of an attack upon the Administration— to mingle it with party politics, and, »«rAop», in send a speech home, to co-oporale with similar efforts making there. Sir, I think no good can come of thiacour.se in anyway; and I regret exceedingly that it should have been thought wise to adopt it. But this regret, great as it was, did not exceed my lurnriiia an d as'oiUBh'"'!!' ■■' k^"-*"- i-;~ — • -- the Administration of 1825, while condemning, in severe terms, the succeeding one, in reference to their respective action upon this subject. The first, it is said, nobly asserted and maintained our rights; while the other, by concessions, frittered away, and finally abandoned them. Sir, I think (his declara- tion will be received with some surprise at home, too; for the genera' opinion there, as I have sup- posed, has always been directly the reverse of this. And, as the door to this investigation has been opened, I trust I shall be pardoned for walk- ing in, and asking the House to go back with me to a peiiod somewhat beyor.d that, to which it seem- ed to be convenient for my collcagne to extend his inquiries. I will then endeavor to show, that Maine has been exceedingly ill treated, not only by the British Government, bi*t by our own Govern- ment, and by that Admi.iislralion, too, which has received the warm encmiums of ray colleagua. In doing this, I beg the gentleman from Massa- chusetts [Mr, Adams] to believe that it will not be from any feelings of personal unkindness or dis- respect to him. I .shall refer to his acts, merely as a part of the history of the case, and only because I feel compelled to it, by the course of my col- league upon this subject. Besides, if I succeed in my attempt, it will afford an additional reason for the passag;e of the bill; for, corresponding with the extent of wrongs suffered by Maine, will be the measure of her right to ref the St, Croix to the highlands, and along the highlands to the northwesternmast head of Connecticut river. These commisaioners having sscB sppcifiiwii iii vvsiuiiiui^ wiut ilia trcaiv, ex- tended their olTicial labors through a period of about five years, without being able to agree, and closed their commission by making reports to their respec- tive Goveriimenls. 3n the progress of the case, a vast number of documents relating to it were col- lected, which, with the statements or argument of the commissioner, were deposited here in the na- tional archives. Copies of ihese documents Maine was exceedingly anxious to obtam; and, as early as 1826, moved in the matter, by the Legislature authorizing the Governor to procure them, and at the same time making an appropriation of ^500 to defray the expense of it, should there be any. And will it be believed, sir, that our Governor per- severed in his efforts for a period of over two and a half years before he succeeded in obtaining them? His requests were presented in a variety of forms, and pressed with that earnestness and force which ever characterized his efforts in the public service. I refer to the "lamented Lincoln," the brother of the honorable gentleman from Massa- chusetts suiing near me. But notwithstanding the importance of the subject, and our deep interest in these documents, especially at the time they were called for, notwithstanding ths offer to pay all the expetise attending a compliance with our request; and notwithstanding the Governor proposed to receive them as confidential, if it should be requested, still Mr, Clay, then Secretary of State, pertinaciously refused to furnish them, or have them furnished! May 29, J 827, the Governor, having disconti- nued his unsuccessful efforts with the Secretary of State, addressed himself directly to the President. In answer to this call . in October following, the copies were furnished; (wo and a half years having beet, spent in the accomplishment of that desirable ob '. In suppor' of these statements, I beg leave U. -ifer to documents now before me. Governor Lincoln, in his message to the Legislature, January, 1827, says: "My Mumedia'opredflcexjior ((Jovornor PuriR] hw noliriioJ tluMlocuineulscnuiempluiodl)/ a ri'solvi) uf ii (ormBr lA'fiiHln- turn, relative to our lioiimlary; nml I cnniiot Ijui luMie tliui ilie porsiin applietl to will fliid ilic obliiifttidtiH of his Kllimtion wo mudiliud, m to udniil IiIh turriMliin; the proper oHiceri) ol this Hlalolhat inforiiiation, liv wliicli it tniiy he pn-pured to jiulfje correCtljr of tlie riBhisorilu' Union, iiiiJ of ii Ibroign nnlion, in connection with ihiit imlcpomlent rifthi wlilcli It ought to ninin tain, so fur a^ tin- prudent appilcution oliill itsjuMitmUlu iiicuiib will permit." At the sane session of the LegLslaturc, a resolve was proposed by a political friend of my colleague, I Mr. Deane,] The following is an extract: " By n iiKolve oCihr I,eiri«liiiurnorihiHp(ini(<, piinrtpd.lttniinry JS, lt«i, thn (lovcriior of ildn Hinio wiih anthorlwHl imd ru- ijuoHtodio iiiki' Hiich nii'iixiiruHAH In nii^iilthinlt uxpuilioiil nnd oirHCttml, toprooiiri! I'lrlhi'imo o 'Im^ Htiil<> ccrldlii coj itw imd dooumaritH, mc. ineniinncd In j-huI renolri;. The Civirnor, hkving tloiM' all in Ilia poitrr to procnni iJie infonnailon nlhiil<e rojioriH imd iireii mcni* of III* riMtmiltwInner^ undttr the treoty of CJIteui " A^aini in th« nain« lettdr he adds: "Willi thlnipini ol forofiirniirf, Him hiMtoiivlii Inforinniltn onlyrtHioan in^iM/ riVd/ tnhrr»f{l. iw wrH ik iin|'.ndary to the entire "exclusion" of Maine, even though it should in- volve rt dumembtrmtnt of our territory, considering it as a national question merely, and reganling the efforts of Maine to present her views upon the sub- ject to Ihe Executive, as "oft/nmue." In connection witli these remarks, I beg leave to refer to the letter of Governor Lincoln lo the Presi- dent of the United States, dated May 29, 1827. He says : "lliivinff leitrned iliat the title iherelo |ihe di»|iiitrd territory) iR iiivolTcd III the iletnlla of II dlploniiitic iirra.iucinrtii, con- ducted under llic wiiictum (d the Ii^xuciiiivv Depiiriinent of ih« t''ederal OovernmenI, Maine, alllmuiili not cutmiillfd, yet Inmnd from deferefl^B lo tiay u due riKpect to reiuMm", ilio im- lure mill lorre of which eiie Is, (wintisiuriiiiHn niulmf/iiltri- uim iinriri , rendered unalilr In ciimfrilwiid, helieves ihal elio oimht lo piexenl her rTjiiitiinlniiiiini in regard tunny niuaitircp ihreiiiHnlnB her with injury. " Again, in the same letter, he Rdd»: "It iHni>i roniniveriedihiit iherontrolof our foreign rclntltni» lielonUH lo ihe llniled HlatcnaM lo objerlH which have nrlKi'ii tin der llie () ol il II r.omhined trunie of the Uuri'rnnirni." Ill A letter to Mr. Clay, bearing liate NoTcmbei iC, 'i8a7, Gr>¥. Lina-in sajre ftmhen " I have nlwi lhl« day rnefivnl \onr rommimleellnn rf I' r lliiti liK'in I I'i n l-fi'tcii' .1 nil hUi 'i n'n»ib«! :|ia; h -iiili^ t\ I I'lif-i -i lUiitHfii^. ritf ttiirrirhi'tt'i^tlthltiirhiM^imitKiMiimliii^aHiiiiii intlc. d lie, may wc i.'ii iitliiivitlos ol'tlic Illicitly 10 tlu'ir lime iliat llicy 'ilitiltliiii; ill/or- iu'c. (il course, licli RliUes III a fcdi:iiiiiiit!ii ill- iivi! luiiilt', iinil Il iliis iiiiHlilicii- vill 1)0 U'Ccivnl, liliuinj, lii^vdni! Ilenus olcoii/i- ay 29, Ic.'^T, r(iriTH)inmlenci iiiioi ilc'cllne a It! Iiilii I' ilint a can lie uiiwel- ( of Maine, on Ihe sub- Vicnd cu' the hat i extract >r Mill no, ir/i«H ' fii!/ txlriw- 3 say. The appreciated urds on my [in that the oiial aiithc- , either by a istitution, or iver, by way r rather the virtually de- tirc correct- en again and Administra- te first and iicd the pow- to the entire t should in- considering ?garding the pon the sub- beg leave to to the Presi- 9, 1827. He iiulpil itirriinry I i.mrinriil, con- iiirinii'iit III tlie curiDiiliiil, yi't ciuMinn, llio iiH' » anitmt/nltri- I'llvviiH UiHt xhu II nny inuiuurci> iii«l«n rclnttimt liavn nrimiii iin mil (iii'J^liiN iir propeiiy vdmaiI I, till) iiiier|Kmt mm uriiiil itj will iiMiri. ihai rttranftcDiitliiit iptii." ) NoTembei iilfRtInn pf t'r 'iiiib^u diit! h ohlecli -1 1 have had the honor to urge against th^ aubmissiov to a, foreign umpire of the territorial and jurisdictional riglus (if Maine, without consuttivg or advisinq her as to the condi- liuiii, linve not lieen ilcemed available. If any injury shall re- sult to her, the apfieal will be made lo the people of this coun- try and to posterity. It has not s,.'emed tirrugant or prtsump- tuous to have expected a mognilion of her rights, and to have asked, that, ifahe is to he n-ade a sacrifice, she might not be devoted wiilinutaoiiie consideratlun on her part ol the lifrms. • • • When you cautioned us against siigjiesiionB of compromi.?c luid acl^i of precnuiion, il was not believed ihai it waf. that you ininlit the more easily throw us within the power of an'uinpire, but that you intended to intimate that the powerful arm ol the Federal Government was holiling its ample shield befoie us. At last we ieani that our strength, security, and wealth are lo be subjected to the mevcy of a foreign indivi- diibl, who, ithasbcen eaid by your minister, 'rarely decides upon 811 let principles of law,' and 'has always a bias to try, il possible, to split the dilTercnce.' 1 cannot Init yield to the im- pulse of sayins, most respectfully, that Maine has not been treated as shehas endeavored to deserve." In a letter from Gov. Lincoln to Mr. Clay, writ- ten April 18, 1827, he says: " An.KiouK, as in my situation I cinnot avoid being, for the preservation ilurinK my continunnce inodice, and alway.-^ after, of the rights of the iBtaie, I must express my alarm at a portion of Mr. Gallatin's letter. He says: 'An umpire, whether a liing or a farmer, rarely decides on strict principles of law; ho has always a bias to try, if possible, to split ihe difTerence.' And yet, I am Intbrmed that tliere has been in progress an arrange- ment of the preliminary points for constituting such an umpire. I cannot but hope that no arrangement will be clfecled, which will endanger Ihe half from the nierei circunistiuicc oi a wroiigfiii claim lo Ihe tchole, under ihc pitifulveakniss which is liable to.-^'ptil the difference lielteeen right and wrong." Again, in his iclter to the President of the 29th of May, 1827, he says: y "The treaty miikintr power of the United Htntcson one side, and his ilrilaniiic Majesty on the other, iicreo to consider the decision of the aib.tration final and conclusive. I,ct nic eay that, to a siiiTender of territory involved as a possibility, il will, I trust, be m.iflc evident that llure i,s aii'iiher piiriy not to lie an indlircrcnl npectntor of its own ih-lacevation. The mind, in con- lompliiling our iiiwpi'cls, is cairietl lo the courts ol Kuio|ie, and led lo sciin Ihe tribunals to which you may refer this sub- ject. Il would be unsuiiable for me lo conimeni on the disposi- tions or lalenisof fnieigH sovereigns or Stales; but ii is not in cold blood that lean aiiiicipaie tlie committinL' the dcBlinies ol Maine 10 0(1 irre.iponiilile nrliiter, lobe found in aiilsiiint land, and neces^arihi nnr/iialified to act in the cam:. The characlor ofthiaarbitersiiiphas bi'ieti portentously exhibited by Mr. Gal- latin. Hudicc it lo snv, iliat the proiiosed iiibitralion will jeo- pardise , irilhout her cunaent, andajtainal her trill, the rights of Maine. ' ' ' Maine, now standing in Ihe phicc ofliiir parent repuhlic, (Massnchusotts) may deem the fifth urli- cloofiho treaty of (;hent as having led lo a course endanger- tng her rights, ami rcndereil more |iniiifuland alarming by her exclimon from a proper intercommunication anil legitimate cu»wi«erriV/onim(i|)arty in ihocase.'' Again, lie says: "Whatever cli trader apperlalned lothe confederation, or to Itiosn who entered Into that holy league, It is inanifeRt lluil the HtRlcs were not identilted and confounded with ihe Union, in re- lation to iho .pitistlons hero prusenteil, under ihu original treaty ofpeaco anil liniila. I inusl tlieroloro resiiecKully urge, that, tiowover the policy and principles of the Execuiivo deiinrinient of the Kaderal Govornmenl may (//c/(i(fl the iniposltloii upon Maiiio of Ki(«nc(i and forhearance, and however plainly may he Indicated the ili'«pn8i'tion lo treat llin Buhject as if merely na- tional, rhtt will not oti.^crva tny procedure by Ihe United sialim andOreiU llrliain for ilie MTonnco of tier territory and the abro- gation of her aiilliorlly, without u Hciisibillly too serion.i lo he ftfltaive." Once more: "It has hwn ursf d thai tlilsfimce.rn In ho r.tclamrelu nnlwtt- at thai Mninii i< ohirn.iive in presou'lng her views lo the, consl- iloration of the Kxecutive. It is neveriheluss believed," &.C. In the same document from which I have been reading, I find n letter from the Lieutenant Go- vernor of New BrnnswicU to Governor Lincoln, dated November ir», 1827, to R naragrnph of which 1 wish tverris;nlii over the coutrsted /cnifori/." We next find the agreeineni allu 'd to in a letter of Mr. Clay, Se- cretary of Slate, to the Governor oi' Maine, Novem- ber i27, 18-J7, which was overlooked by my col- league. He says: "Boih parties iland pledged to each other to practice forbearance, atul to abstain from furihnr acts of sovereiKniy, on the unoccupied tcasU, until the question of rial;! is settled." Now, as that Admiiiisiraliim has been complimented for making a good agn-ement and adhering to it, ii is worth our while, for a moment, to examine these two statements of Ihe iii-'t'eemeni, and see how far they coincide. By iMr. 'rallaiin's statemeni, 'both sides were to abstain from any acts of sovereignlv over tkecdnlestcd lerrUnrif — that is, over (/ic ir/jo/c. By Mr. Clay's statement, we were "lo abstain from furliier acts of sovereignly over the unoccujdcd lOrts/t'," iVc. Here is an impoilani ddference. If Mr Gallatin's agreement had been adhered to, Great Britain could nut have cxeiried aiiv acts of sovereignly even over the selllemenl nf J\lmlawnska, But as Mr. Clav has chaiigiMl ii, Great Briiain is only restriiMeil to ihe nniHrupied lon^/c. This is a very pretty In '..'iniiint; for ihe Administration which has received such high encomiums. But let us s;o one step farther. The next notice wr liiid ot this agreement, is in a letter from Mr. Clav to Mr. Vauuhan, bearing dale January 9, iQid. After complaining of certain trespasses up. on tlie territory, in cutting timber, whicli, it was alleged, had been done under the authority ol the British Government, he adds: "1 need .scarcely remark, that the proceedings, thus diiscribed, are in opposition to the understanding which has e.tisted between the Govertunents of the United States and Great Britain; that, during the pendency of the ar- bitration, which is to settle the question of bounda- ry, neither party should exercise any jurisdiction, or perform any act, on the disputed territory to strengthen his own claims, or to effect the state of the property in issue." Here, also, we find important modifications of the agreements before staled. In both of these agreemenhs, the acts of sovereignty from which the iiarties were to abstain were unqmUfiid acts of sovereignty. Now, it is not any act of jurisdiction or sovereisnty whatever, but those acts only which have for their object lo strengthen the claim of the party exercising it; and in proportion, therefore, to the difficulty of deciding upon the precise object of either of the parties in any particular act of juris- diction exercised, is the agreement made loose, in- definite, and worse than none. Here, then, are three attempts to state the agreement, and neither agrees wiih the others. They all differ in very e.s-ential particulars. If, therefore, my colleague should have succeeded in .showing, as he attempted, that the succeeding Administration had stated the agreement differently, at different times, and that some degree of confusion had been produced upon the subject, I think .MJine allowance should be made on account' of the example which, it is perceived, bad been set them by their predecessors. But as this last version of the agreemen' seems to have lieen settled down and practised upon as the real a!::reemenl or understanding in the case, let us see what it is, and what is the fair construction of it. There are two branches to it; one relating to Ihe JKri.^dicftfm, and the other to the property, in the territory;— the parlies were not to exctcise any acts of" sovereignty to strenalben their ow i claims, or to do any act which vhould affect the -'alue of the property. B was lo coniinue during \ht' pen- dency of the aibitration. This I take to oe the fair construction of the agreement. Now, how did it apply to the actual state of things? Why, Great Briiain had possession of Madawaska village; Miine had possession up to that, or nearly so, and the laud lying above Madawaska might be regarded as "unoccupied wasio," which neither inrty'"had in actual exclusive pos.session. Hence, iK.th" parties might continue to exercis« jurisdiction without any violation of the agreement, provided -hev kept within their usual and accustomed limits, and committed no ww or/iirl/ifr act of jurisdiction. The ri -his of properly were to remain unlouched, that 1-^ iiHiher were lo sell ihe land or cut off the limber Here is the ii;;reemeiit, .inil h^M'e the mode r applving it, though we therein make a large ..(inees'^ion'in favor of Great Britain, lo wii: in ad- miilin"b'"r jiirisdictiim over Madawa.ska vili.ige. M;iine^alwavsdenie, l.ieiileti.ant fJovrTnoi of the Province in tpiesi on. ,and derailed in the enclosure refer- red lo, a pledue ol the same disimsilion on liic pan of ihe an- thoriiiesof ihal Province wliicli aniina'es tills (iovernnu nt, 10 enforce a sirict olifervancc^ of ilie nnderJlandiii!.' Inlween tlie I wo (■'overnmeiits. tlinl the ritizeihi iir mihirrfs-nriii'i/fiT ulialt ixereisi' an;/ acts of oinn'ig/n'i) in llm ti:^ii'iiti'd U iiitorij uhiixt the lillv lu it rri/iiiins tni.setlli'd." Now, alihough Mr. Hamilton was at t!io hmd of the Slate Depatiment for a few days only, under a temporary Mrrangeinent, and probably had not givfn Ibis subject much of his attention, yet, on a fair construction of what he has said, taken in con- nection with Ihe circumstances of the case, it will be found that there ij in fact no chanw in iho agreement or misslalein«nt of it, made by him. It will be perceived, that the correspondence ihen was in regard lo certain trenpasses alleged by us to liave and the other the- jiirisdiciioii. It is, therefore, fair to piosume, that Mr. ILunilion alluded to that part cf the agreement v;liich bore upon the questions then under considtration, without intending to set out the whole agreement, or those parts of it bearing on questions not then drawn into di.scussion. This construction is deemed to be strictly in accordance with the fiiir and Icgiiimate lulcs of interpretation. But if he was in an error, the Governor of Mas- sachusetts fell into it also. For, ('n recurring to his letter to Mr. McLane, then Secretary of Slate, un- der dale of November I, 1833, we find the follo^\•- ing remark relative to the agreement, viz: "Prejudicial as the delay in the .«clllcmint of tliis long vexed aiilijectof lioiindiMv islothe riahls of property which Massa- chusetts claimed in the disputed lerrltory, and impatient tis both the CJovernnienl and the people have become at the inireasona- bleness and perliii.acity of the advetTary pretensions, and with the present state of the (piesiioii, yet the Executive ofthis Com- monwealth will nol cens-e to respect the undcrstniiiling wlilcli has been had liei ween the Goveniinents of the two ciuintricR, thai 710 act oficrong to the property of cither .■^■hall he commit- ted diirina ilic peniiinc of measures to [tiro luce an amicable ad- justment of Ihe controvdsy." Here it will be perceived that Governor Lincoln, in his statement of the agreement, confines it lo the property merely. Now, how is this? No one, I presume, will accuse that gentleman of a disposition to relinquish any rights belonsing cither to Masj^a- chu,setts ov jNlaine, as connected with this subject. For myself, I have always regarded him and his dis- lingui.shed brother among our best friends, and foremost in avowing and maintaining our claims, and in repelling British pretensions. The only true solution of the matter is this: thai Governor Lincoln was corresponding with Mr. McLane, upon ihe subject of certain trespasses alleged to have been commitietl upon the properly of the disputed territoiy; and hence he cin.fined himself, in his re- ference lo the agreement, lo that part of it only which related lo the sul^'ject mailer of discu.ssion. In this, he and Mr. Hamilton adopt the same course, and neither change the agreement, or yield any rights belonging lo the Slates of Maine or Ma>sachusctts. My colleague [\Tr. Evans] next refer; us to the letter of Mr, Van Biiien, then Secretary of State, to Mr. Vaughan, under dale of May II, IS^'l), for further proof of a change in the ngretmcnt, and of a virtual abaiuloiunent of the risdits of Maine. If that letter be susceptible of any such interpretation, then I have studied the English language to no purpose, Mr. Van Biiren says: "The imdi'tsiened r /»ui"/ ac'/"/f-.i'(r in llin sii|ipo:-iiion tlmf, because tlie iiL'iail ol his Itritaiiiiic Majesty tlioni.'lu pioper, in the proceeding's lieliire the coniniii-^iiniers, to linj cliiiiii. 10 all iliai porl'on of Ihe Sale of Maine which liesnorih of a lino rniiMin'.' weslerly iVoni Mars Hill, and desifoiiti d as the limit in- lioiindarv oltiie iiiiii^h claim. Ihn^tii/t/i' I'liitril •Stiili.t. or thr S'lntr of Mnini . ri iisiit lo hii ri- Jiiri.idiclion in Ihr territo- ry lliiis claimed In the view of lliislioveriinii ill, his llniamiic Majesty's neeni mirhl. with fy""' /"*'"''''"'*'' ''■''"'"'''-''' '•'" claim to ((»// (i^/iT ii>t(li>-imlnl jiait of till Stale, -.{yt lo claim ihe portion ill it which be h.iMlr.cwii in cpie-iloii; iind In siicli case, Ihe Meiitenatii (Jnveriior of New llninswick coiilij siiiely ooi hn\e considered a coniinniiiice on Ihe pan ol ihu Ihniiid l^lales, and of ihi' Slate of Maine, lo oxercise lliur ac<'iis- totned jiirij-dlcliou and isnilioriiy. to be an encroachnient. I! so, in what liuht are we to resai'd' the conliniied act-^ of inrisilic lion now exercised liy liiiiiin the Madawaskaselllemenl I Moro limn twenty years at'o, laran iracis of land, lyin^i westward of Muf!) Hill, uiidnorihwiu'd on ihu river Urflioolj', wcio ijiaulud liy ^n f '^o one, I (ho Siate of M,is. lict n e.vpfcied, wcndd lie nbscrvi d by the two Govenmieni.--, dniinL' die proL'ress of their endeavors amicably to a. Ijiisune ipiesiliiii (li boundary." If persons, not sulijecis of either Government, fiT instance, slioulii go on to the " unoccupied waste" lor the purp<>se of pkinderinu it of its tim- ber, wluit shall be dcme ? Shall boih parties so cons'rue the aurtenicnt or understanding l>etween thein, in rcgaid to the ahMninins from the exer- cising <«f jiiristiction as to compel eai.h other to standby and .sec such trespass pio-ecuied widi im- puiiitv? Or should each party have the right to ar- rest and puni-h the intrudfi? The latter, undoubt- edly, ami more especially so, beoause it would not be done for Ihe purpose of '■'■strenglhe.n\ns;lhe claim o/'<.'if j)ii»7y," and wi.ttid be of "immfdia/e and In- dts)ifi>!,(ib!i' nectsiitij.^' Thi.s view is .siipportinl b\' reference to a report made to the Lesislalureoi Maine, in January l?--29, by a gentleman who was, auit still is, Ihe ptditical friend of my colli ague. His language is thus '•T:;ere :-eenis to have Imm'h an tnidcrstamUi.p he'weon the fiiivennnciil ol the t'niuu Stales and the Ihiiish Govcrninent, earlv In ISili, that each party sli mid alisiain Ironi any acts which iniiilit be construed into an exi'rcisi'of the riahls ol sove- veiL'iiiv 01 soil over the dispnied territory, r.rfri I f<,rlln; pin- past lifiirinirriii^il in i/.i llitujinscnt nldle, WM\ the linal Jc'erndnation oftheipiestion." . ,-< The next cause of complaint atjain.st Gen. JacU- pon's adminisliaiion (>n my mlleasue's list, he de- rives from a li'lter of Mr. nanUliPiid to Mr. Li- vingston, dateil October 1, 1831. Mr. Hankhead, after aliudinc to certain proceeditiiis on the part if Mniiie toiichini: the dispiiied lerriti ry, say*: "Tiie no '.er-'i'Micd rcL'reis sincerely tli.il thi"-'e irregular pro- .•eedinLMsh mid havi^ lieen h mI recourse to, diirini: ii periud wheii tbc iinciidH nf bound. iry i^ in a ccniiveof settlement, and 111 oiiP I'itimi to /Ac f/rs/(f v}'-;!rcsi'i{ hy t'l'' Vrnnrii tit, 'Amf, pendlnpthodlsciissiiin of tlitil (pirslion, llin NIatr of Maine ■)lniHUli" had been arrested, but denied the right of the Pro^'incial trovernment to proceed to trial and conviction, be- cause it would be iiactical decision of the ques- tion ot right to exctusive jurisdiction. Whclock was arrested for acts done and committed i-,> the vUlage of Madaicaska, in the possession o' the British; while Baker's settlement, Mr. Clay says appears to have »:een made outside of the Mada- waska settlement, upon contiguous waste lands." And hence he adds: " Whatever juri.sdiclion the Oovernment of \ew Brunswirk fined to It, coudn,)t Ije nghtlully extended to Uaker ;'nd his ^e:zi^C^t:::iT '"•"^'"''"^ ."^the^..ovi^.aiG:j. Thus we see, that while Mr. Clay was lienyin? the right of the British Government to try and punish Baker, inasmuch as he lived out of Mada- loaska settlement, on the unoccupied waste, Mr ilrl^"^''^" ^^^* denying their right to try and punish Wheelock for an act done in the settlement of Ma- dawaska itself. This is manileslly higher ground than that assumed by Mr, Clay, and yet my col- league can see in the course of the former every thing to praise, and in the latter every thin"- to condemn. -^ " In the case of Greely, however, Mr. Stevenson is conipliinrnicd lor the bold and manly tone in which he denounced the arrest of Greely n^ an outrage, demanded his release, and denied the juris- diction of the British Government. Sir, I am" glad that this Administration, or any one of its members can perform any act in a manner to please my colleague. But, he adds, Mr. Stevenson assumed It upon his own responsibilitv, not having received mstructions Irom this Government of a similar character. To this, I can mnke no more efleclual answer than to turn to Ihe letter of instructions itself from Mr. Forsyth to Mr. Stevenson, under date of July 12, 1837. I here find that he expressly calls the seizure and imprisonment an "oltiugk npnn the personal liberty'' of one of the citizens of Ma ne- and, after dwelling brielly upon the argiimeni of' the case, he closes by saying: "You are directed immediately upon the receipt of this despati-h k] bring the subject to the notice of his Majesty's Go- vernment, and to DKMANo, as a matter of justick and UKiiiT, the prompt release of Mr. Greely, and a suitabk indemnity for his imprisonment.'' Our incli- nations must hav8 become belligerent, indeed if we would retjuirc any thing more than this; and one woulil naturally think, that the materials for Onili- finding were very scarce, when such circumMances are seized upon ns matters of grave accusation against the Admiuijtraiion. But It IS said, further, that the British Govern, ment has acquired possesion of the disputed terii- tory by means of a warden, and that this warden was appointed with the knowledge and concurrence of President Jackson. Where ,s the evidence of (his? ISone IS to be found except in a letter from Sir Archibald Campbell to Sir Charles R. Vaughan ■January 20, 1834, in which he says: ''Mr! McJ.aughlan was appointed to the warilenship o\' he country w.th the knowledge and ccncurrenceof the I resident; and it is not conceived, therefore, hat any iair ground of objection can be taken to lus laiihlul performance of the duties of his office." It nill be observed, that he o )es not allege that Frmdejii Jackson concurred in the appointment: and from the information to be fathered from the documents, it is manifest that it could not have been him, lor the appointment was made before he f^uu^f?^''^''^- ^y "^^ foregoing letter of Sir Archibald Campbell, we learn that the name of the warden is McLauchlan; and on turning back to a letter from Sir Howard Doiglass to Mr. Vaughan, dated February li, 1829, we shall find the follow- i.-.g in relation to this gentleman and his appoint- ment: ^' "In order that your oxcellency ninv have fii!' (•iiviim«nn ual, and recent infonnaiio,, ..,.„.{ Hd.suhec.,/;: c ■ " n res'- u'^T^fel'^n^'i'^" 'r" '""""""^^' xi"'" 'l'e>ii.!;'„cl",'errl loi.Mlliavedespalclied a inack^lrate olihis rountv-ii "entlc- man m wliosc prudence and .li-creiion I place iho llrnlest rell aiKo-wuh ,n.lruni.,n. to in..pecl all tile lun Ik r r„ ,, L aV.y where near the line,- etc. etc. " Ifavins ma.le t).i.. i,,. mi, f tns ^onl enian will be ,lirr,M to r, main in the. avpn^a^^ lUecountry. wilh orders to enloree the slrieie.t ob4rvm,ce of .::;MM>n i)f Madawaska scillnncnt by the agiemiieiit, why, then, is it not manifest that the hwndar>i line of that settlement is, for the time beinsr, a "co'tiven- • tiunal frondcrV Nothing can lie plainer; and no tish Govern' isputed teni- this warden concurrence ! evidence of I letter from it. Vaughan, >ays: " Mr. irdenship of iicurrenceof l', therefore, be taken to f his office." t allege that ppointment; ;d from the Id not have le before he etter of Sir name of the i back to a •. Vaughan, the follow- ^is appoint- !', circiinisian- 3. coilain tro.s- liisiniicil terri- ny— ii gentle- flnnest reli- '("camps any iii.-» iri.-'peciion, inijirrpurt of iibstirviiMcc of tiinix r," etc. itiaii' wlinin t y reach vimu- nicaiidii,'' of the ap- ivill be per- ce of that col'i^aEjue's . which she y'.sell', how- concurred f i»ffrenve id lie was ^ v"r! have ?rtaking to eaks of a cs my col- hat autlio- is'cntional (ration for )' and our trifles into il>:, when )f my col- ', at least, lal Jack- ii can see acts — has ')iinl fron- liiiiginore ■ ^Vr. Clay o. li' the E posses- iiK^iiiriit, ulary line "conveif ' ; and no evidence can be found (published or unpublirjhed) of PreGident Jackson, assenting to any other con- ventional frontier. After the rejection of the award of the King of the Netherlands, agreeably to the advice of the Se- nate of the United States, negotiations were opened with the British Government, for the settlement of the line according to the terms of the treaty of 1783, and my colleague complains of Mr. Livingston's pusillanimity in invilins negocialior.s, and apologiz- ing for the rejection of the award. I deny *hat there was any apology, or any thing approaching to it. F" stated the fact of the rejection, and then, in pla. : and manly terms, gives the grounu;, of it. And as to theinvUation to enter upun negotiations, pi -y why should he not have invited it? Should he rudely have insisted, or a.us and suicidal in its nature. I have thus followed my eolleasue thron^'h his list of cliars"."! again:*! the Avlministrations of Genrr.U Jacksim and Mr. Van Biiren upon this 5ubject, and have endeavored to set things rig!)t — approving aiul condcmninu:, as tlie circiimstiuiecs s.'emed n, require. Nothing i^ to be gained by unnecessarily impugning the course of the General OoVernimiil. Onr object now is to procure the passsagi' of this l)iU — i" lake one decisive step to- watds re.>i(iriiig to Main.-i her long lost and mnch abu^ed rim.ts. In this we need the aid of the f.AiMU'ral &o,'(«rnment, and confiiiently e.vpect to receive it, in both its Legislative) and E.vecutiie branches. We call for the passage '>f this bill, as a measure not only mild and , rudent iu itself, but imperatively called for by the rights of Maine, and corresponding obligations on the part of the Gc"- ral Government. Maine is so unquestionabij right, and Great Britain so palpably wronr: in this matter, that I cannot belie ye any member who hr.s looked at all into it will refuse us his vote. But I am aware that, fr )m the circumstance of this question being soraew!iat local in its charac- ter, and perhaps from the circumstance, too, that Maine has been so meek and uncomplaining under injuries, it is not generally welt understood. I pro- pose, therefore, as briefly as I can, lo give an ab- stract of our title, and the questions now pending between the two Governments. The northern and eastern boundaries of the United States, and, con;5equently, of the State of Maine, are thus defined in the definitive trt;aly of peace between Great Britain and the United States, concluded at Paris the 3d of September, 1783: Art. i. Anil tliat all Jlspiitus which micht arise in future on the subject ol the boumlarie.s of the paid United Stales inay be prevented, it is hereby acrecil and declared that the following are, and shall be, their Ijnundariea, viz; From the northwest ansle of Nova Scotia, to wit; that anrle which is formed by a line due north from the enn-ce of the St. Crid.'c ri»'.. ..o tlie hiuhlanda, aloiis the said highlands which divide (hose riversthat empty theniaelvesintothe river St. Lawrence, from those which fall into the Atlantic ocean, to the northwesternmnst head of the Connecticut river; llience down along the middle of that river to the forty-fifth dei^ree of north latitude," &:c. ''East, by a tins to b;-! drawn alone the middle of the river St. Croi;;, from ii.^ mouth in the liay of Fnndy lo its souice: and fnmi its source, directly north, to the aforesaid hti,;hlanda, which divide the rivers that fill into the Atlantic ocean from those which fall into t'le rii-'cr St. Lawtonce." The first question thatarose under this treaty, was, as to the true river intended by the St, Croix. Provision was made for the settlement of it in the treaty of 1795, commonly called ^ ''.s treaty; and in li')'^, the commissioners appointed in pursuance of the ] revisions of this treaty, determined that the river called by the Indian name of Schoodiac was the true St. Croix, and accordingly placed a monu- ment at its source, which now remains as one of the acknowledged and undisputed boundaries be- tween the United States and the British colonies. At that time every thing else was supposed lo be well understood. There was no ether uncertainty or ambiguity alleged. There was «^o dispute or (juestion made as lo the localities of the monuments referred ^<< in the :reaty oi TSS. There was then no pretence ol title to the now disputed territory .set up. All these things, a« we .shall perceive, were after-thoughts, suggested by the supposed conv.-- nience ant' all-graspuis cupidity of Great Britain. Al the negotiation of the treaty of Ghent in 1S14, the Briii.sh cmnmissioners asked for a cession of a part of this now disputed territory for an equivalent. Our ministers substantially replietland lighifully, that they had n'> authoritii fo cak. That the territory belonged to Massachusetts and Maine, an." no power mmld divest their title. Then, /or the first timi-, a doubt was suggested as to the boun- dary. This doubt in a short time ripened ir.to a claim; and this claim, founded upon pretences of title !he most prepo.sterous, has been urged ever since, if not with the mo-^* ronwutnmate pffiontery, at least with a pertinacity worthy uf a better cause. However, provision was made in that treaty (1814) for the appointment of cornmissioners lo 10 survey ihc lint?, end, in case oC disaproeoient, a submiision of the question tn some IVhiuIIv >;ne- reign was provided for. The commis-ioners ap- pointed uruler this provision of the treaty, afler attempts extending through a pirrioc' of about five year», conld not agree ; and thereupon, in piir- suatice of the treaty stipulations, the case, in 1827, was referred ; William, king of the Netherlands, as I have before staled, being selec'ed as the arbi- ter. The evidence was laid bef )re him, and the case argued with distinguished i''?i!iiy by Messrs. Preble and Gallatin, but n-iihout success. Not- withstanding his strong bias for Great Britain, and adversary feelings for the United States, the case was so clear thai he could nnt deckle agauist us, and, situated as he was, he would not decide for us. lie therefore decided neither way, but advised a com- promise, by which the highlands were to be sought in ihe bed of a river, and by which Maine would have lost about two million acres of land. This advice was rejected by the United Slates, and after- ward by Great Britain hersulf, and thus we were broujtlit back to the point from which we started in 1H14. After this brief history of the case, I will call the attention of the House a^ain to the terms in which the boundary is dfscnbed in the ireaiv of 1783. "From tlio northwest aiialc iif N.ivii Scntin, viz: iliiil nnslc whicli i.<ver "•ixleen hundred fret, aeeoidinii to Ihe survey of Mr. Uouclieite. under British auihoriiy, in I HI 7, About folly nuirs north from ihe .smirce of the St, Croix, is an isolated mountain or pn»l. .called Mars Hill, which, iiecordini; lo Mr. B'Mieiieiio, is eleven hundied fret hiKh. Hcaliered alonit wester- ly from ihis, are numerous niouniaiiis or hills, near which the I'cnobscut nnd its branches lako Ihejr li.se, but not lorming any ngular and connected chain. Near tiiat point of the highlands which we allege consiitutes the northwest angle of Nova Sciitia, it will be percfivcil iwo rivers take their rise and flow at nearly riaht angles, the Metis into the river St. Lawrence, and the Ilistigoucheinto the bay of Chaleurs, and thence inio the Ailantic ocean. Other features of the country will be ad- verted to as I proceed, and as may be found neces- Faiv. The points now in controvensy between Great Britain and the United States arc as to the locality of the northwest angle of Nova Scotia and the highlands named in the treaty of 178.3, and the northwestcrnmost head of Connecticut rivtr. The laiter, contending that the northwest angle of Nova Scolia is at the termination of a line due north from the source of the St. Croix to the highlands dividing the head waters of the river Risligouche, which flows into the Atlantic ocean, from the Kiurce of the river Metis, which flows into the river Si. Lawrence. Great Britain, on the other hand, Cfmtends that the line due norih from the source of the St. Croix should terminate at Mars Hill; that, there is the northwest angle of Nova Scotia; that, there are the highlands intended by the treaty; and that, Iroiu this, the line extends westerly along a range of hills to the north werternmoit head of Con- necticut river. This claim, however preposterous it may appear, has been puisu'd with a pertinaci- ty, zeal, and seriousness thai perhaps eniiile it to a sober answer. And first with regard lo the starting point — the northwevt angle of Nova Seoiia. Where is it? The terms of the treaty of 1783 inform us; "to wit: that angle which is formed by a line drawn due north from the source of the St. Croix river to the high- lands" "whiili divide those rivers that empty them- selves into the St. Lawrence In in those which fall into the Allanlic ocean." We arc n.it to stop at Ihe first highlands on the course, nor the most »ii')i(ii/«iiKni,v lands, nor hu'lihuids ol (im/di ycription, other than thuse which li's of eonstrnetinn. Wiibout ii, ihe phrase "bii'lilands" w.iild be indefinite iiikI indeterminate. With It, the meaning is too < Icar and pieci.se to leave any room I'm ilmbt oringiMiiouscnnstruction. But what are Ihe objrciion>i taker by the Brili>h Govi rnmeiit lo onr position! Fust, it is sjnd that, as a m:«lier of lact, tlienaie no "hii;liland>" with- in 'he meaning of ilic inaty of 17f>3, wlier>' ( ur rinih line, from the source if the Si, Croix, lermi- nau s. Now, if we udi.iil, for ihe .sake of the ai- gnmeiit, titat there is no monniain or liiii;e hill at tin' lerminaiiii.i of our line, \et ihe denial of tho existence i'\' "hi^hliimts" at that plao would seem lo come Willi ;oi ill I'Moe liom tin s^' who insist ihai .V(ir,i Hill is ''hij,',lilai,d»;" for, by a survey of Mr. BoucIh iitf, a British lopoiiiaphieal nirveynr, made in 1815, it nppeais thai ihe lund al the li I'lm- nation of the Amrncan line is over iriDllft'l above the level of the SI a, while M.ii.s I lill is diily IlliO. Land, IKMI feel hiidi, ii highlniid, but that which in liliiii iei't hiL.'ii, IS niij iii'/iilanol To such gross ab* ■surdities do ourni.t .rmiies litul iheinsilvoai driven ind connected nds whicli we jjle of Nova eis take their he Metis into oucheinto the the Ailantic ry will be ad- Ibund neces- !tween Great the locality •otia and the 783, and the t rivtr. The ngle of Nova le due north ihe highlands Ristigouche, in, from the into the river other hand, the source of IS Hill; thai, Scotia; that, 3 treaty; and erly along a head of Con- pro postfrous a pertinaci- uiiilie it to a sr point — the re is it? Tiie "to wit; that 11 due north to the high- empty them- ^e which fall . to .stop at 'r the most ydi .'■(•ription, •s (///((' rn.'f IS . highly de- ^er!oidli IS >iiii(i that, amU" with- when* (nr 'ruix, ifTini- ^ of Ihe ni- liiige hill at I'tiial of the Would seem who insist luap, published in 1755, i. the only one which the luJolialorsofthe treaty had '•^f'"'^ '';^'"\f '''^ lime, and by which they ^vcle gu ded At that ,„i,r but liitle accurate infoimatiim had been olj- tamAl of the face of this part of the couniry; and, bv i.a inspection of Mitchell's map, it will be pcr- •eivcd that little else beside the river- altcmplcd 10 be delineated. Consequently, by ....... the ma- Ivcrs of the treaty must have been principally go- verned. Hence the selection of the very appro- p.iate and significant term "highlands. ' 1 hey perveivrd on the map two classes of nvers flowing in opposite directions— one class i.Mo Ihe river St. Lnwrence, and the other into the s. .—and that the .oiirces of these rivers were divided by a narrow siripof land. With any knowledge, iheiefore, o die laws of natnie, must they not have regarded dii-^ strip ofland mote elevated tnan that lying on Hiher side of il? Ami i\ot being awar- of the ex- Kl-ucc of mounlaiiis, none bein« laid down on .Mitchell's map, would there not seem to be a pe- (• iliar apposilcncss in the use of the term "high- li.nds?" , , , . , , , . Mars Ilill cannot be the hishlands intended in tl treaty of 1783, (as contended for by the British (MiveniuienI,) tiecanse il is entirely desdlnte of the a ijuncts named in Ihe treaty. Instead of being a continuous Iracl ted the ri^m t,. take fish of ev..ry kmd on the Grand Bank, at^cl on all the other banks of Newtoundland; also, m the Gulf of St. Lawrmce. and at ail o(/.er I'laces m the ..« where Ihe inhab:lanls 5" t^l\ /'"""' ' used at any time heretid'oie to fish." Ueie, u is llerceived, ihey consider ibe Gulf of St. Lawrence as n part of the sea or Atlantic ocean. E. ides, the commissioners speak ^'"'7 /" ]^° classes of rivers, the first falling imo the St. Law- rence river, and the other into the Atlantic ocean. Now, as Ihe Ristigouche and St. Johns certainly do notf^U into the river St. Laurence, to what class can they be assigned, but to those falling into me Atlantic ocean? , „„_,„, But without relying upon these clear and cogent proofs' of the views and inlLnlions of the commis- 'loners, it is believed that the usual and common acceptati.m of Ihe term s-.a or ocean p'o^^"-""^^ j*!^ bays etc. before named. "Sea, in its general sense, embraces the whole body of .salt waters on the globe. Its great subdivisions are designated by the names of Atlantic ocean, Pacific, l'^-''^^"' Aj"';''^' Aniartic oceans, etc; and each of these is a general appellation, embracing, when not specially or im- pliedly excluded, all the bays, gulls "»\ "^'j'' which are only portions of such ocean, being U rmea by the indentures of the shores to which it exlentis, or by ailiacant islands." But the claim of Ihe United Stales, thus clear and indisputable upon general reasoning, will be found not only to bo justified, but rendered to tho Province of auebec, or Lower Canada. 1 hat por- tion of the proclamation applicable to this (luestion, was in Ihe following words, viz: ,,„,! ih m^L.tilu- 'i",">>. u„\,v mn , I, i.r lliP rivn 1*1. «!r..ll<, \V Ihr^nUI rinr to lUnniiin. „,i. l.y .. ).■... ./..,.„., ,/,„ nnrlh. n-imi Ihi MC li> Ihr HMiHin nlwumtitry 7,1 imr't'i'ioity or mitlnv, m th- imriiiwani i.y ili.. «.i.l i..Miri. .Wy,M r'.r u» ilio w«i«r« «xii«iniiy of th« lliiy ul Cliolcur«, 12 |Mhe Mstward by the sni.I bay, anJ the Gulf of St. Lawrence, Then followed the treaty! of 1783, in which our boundaries are described as follows, viz: /rotn the northwest angle of Nova Scotia, to wit: that an^le wh ch !>; fomed by a line due north from the source h Lit f' !"['' ,'" ^^' highlands; along the said highlands which divide the rivers that empty thein- se ves into the St. Lawrence, from those which lall into (he Atlantic ocean, to (he northwestern- mos head o( Oonnejticut river, " east bv a line to be drawn along the middle of the river St. Croix, Irom Its mouth in the Bay of Fundy to its source, and rotn i(s souice directly north to the albresaid highlands, which divide the rivers that fall into the Atlantic ocean from those which fall into the river St. Lawrrnce." No one can doubt, it is pre- sumed, that, by adopting nearly the same piiraseoio-^y the makers of this treaty, intended to place the boundaries of the United States where the boun- daries o( Nova Scotia and Canada were establish- ed by the foregoing proclamation, act.andcom- Jiiission, and that (he terms and phrases were used in the same .sense. Indeed this position has been assumed by the British Government it.self, and constitutesthe basis ofaii argument by Mr.Chip- man, the British ageni, under the treaty of 17D4, the object then being to ascertain what river was intended by the St. Croi.x, and this (lu.stion about the hishlands and north we.M angle of Nova Scotia not then having entered into the imagination of man. Between (he period of the ctiiblishineiit of a se- parate Government for Lower C.inada, (1T(J;{.) and the definitive treaty ol peace betwt/en Great Britain and the United States, (178:j,) a great number ol Bnii.sli maps were compiled and piiblisbcl, in winch the boundaries o( Nov.i Scolia and Uuehec are d( niieaied, precisely in accordaiiee with ihe present claim of the United Stales: the weMem I.nc o( Nova Scotia crossing the St. John.s, and extending to the liighiaiids; while not one can bs lound afjieeiiig with the present pretensions of Greal lirilain. The titles (d .some of thes maps, with the times of publicniion, areas follows, viz: ..| .','.'l'''i',r,^ ''"*^ ,""11"" ih- llriilNh DoiniiilniMin Nirlb Am... I ll,WllhlholimllMn(llio(J,.v,Tlini(M,lHMIIM..xnl rrt,, l,v ,(„. t!'i 'n'*' "' I"'!","". «ii'' """I'll by |iii.rbiiiinl|M„, <),Mi.l».r 7ib, S'r or 17.',;i." ^^ ■ '^'"■'""' "'"'H'"!'!'"'-, l"i lb.. AmmuhI I{„. I.. 'lV^rMr*n,",!7 "'"' "•''■'"■"•" T'' "' ""■ '"•'""'' <>"'"lninn. Ml rsi.rili Ainrrb-M, iircdhllim iiMbrli-Miuv cit 17(K), ilivi.lcilliiio ';;,;;;:;;;■''' i'rov,„,.,.,.„n,ii,Mi.hr ,., \\.\,.-u;u „,!, ';.';':' iiutb)riiii)miiiilnHii„i,„mlrii|,il vaibuK., bvTbo-.. Kurlnii uni. \iiiry. IbnlHiiimmMr D'Anvlll... A,- aIh,.. iI„. m.'W ,IIv|.|..iiV ,„■■ .•..r.liml.,||M,|„i„,rn.ly,>( inw..; by IVl.'i I , ,.,.,.uf„, ,!„.,•, I7,i ^ iiiii|...iili.. Ilii'i.li |»„ininj,iii«|ii N..ril. Aim'iira. ucc..Hb.l( (,. lb.. M..aiy ..I 171) I; l,v IVicr ll.-K, «..,.m»|.b..r. I77.v-N.iri|i Aiii.rici nmlihR Wi'Ki lii.li..«, wiib ibi. .i|.i..i. MlB .-..af-iN ..( |;iir..|... uimI \(rirn. Publli l'_ri.iic iBiirviyM. iiMuii.iM|.,l wliliiliiiM. ni.nlo lUlfr lbi. war. bv I anialii I .iiviT, Hii.j olb.. r •MWcers in his MsMv'a ac«W r«b Ami'rii'an iloiriiiiioii.H .m ibai conlineni .Vc lly Hiimml Diimi, maibeniaiician; imi.rovu.l boiii tin siirvi'V!) .i( Ciipi, t'lu-vrr. "IIowI.'n'h n.'w (otlr^.heet nmp of North Am.'rb'aan.l ibi' W.Hi Iiiili."!. ..vblbiiimnbe.!xt..nl an. I boim.lari.'H .il i|i. Ilniieil Siaii'H, ib.i llriii-ib .lomini.iiiH, (Vc : lb.' whole compil.'.lnii.l lab, down (rotn Ibe b..sl anib.iriil.'s. I.onit.ai. "I7~^l -B.iwIi'k's n.'W pock. I map .if the I'liii.. I HirIci . ( AmiTa'a, lb.. llriliHli piMs.sni.insnf t'anaila, N.iva ,.<.-ii(ia, Nbw l.iimdli.n^, >Vc a- t...nl..il by ibi' pr.limiimrv arilcle'* .if i oaci Hiim.^il III V.'rmiill.M ibe '.ihb of laniinry, l7K.'i, l..ini|.in. "I.sl ^\ ni.waii.lconei.| maji.if Norib America, wli'i iht W.'Hl biibii Isl.m.lH, dlviil.'ihi....ir.llnK Uiili.. laxi ir.'aiv of p..nce, .•.incbiil...l al I'arlH lb.. 'JDib nf .Imuiary, 17. ihlrl.'..n provlnc.H wbi.-b cii(npo«i III.. liiiili..l Miaien of N.irili America, lly Malibew Albert uii' *1 - llii.m .lelaT.inr'«r.iabi|IrilKd'Amerlnim,*c. l»nH» "I7s;i, -A ni.w mii|i of Norlh Aim'rlrn, tvlib the Wi'hi In.lir. i^IiiimIm, dlvl.l.'il a...'iir.Uii'! i.i tli.. pri'limlniirv aiil.'I.Hot | i.itfi' H(L'n...liil Ver«illle"'.'i)ili .liinniiry, I7.'<1, wlu'rmi ari' paiiii'ii iilv .IiMlins(ill.!iMii.iit, Hi.'nrdlna lo lb., pri'liinl" i rl..« ..f p.'iie.' •ien.'il nl Vi (ho lni><« dHcovi.rl.'H. London "I7!M -A mnp .dlb.' tloll.'.l Hinle* .if Alln'rira, wi(h part .i( the a.lj.ijninu pi'ovlncei>, I'l.im ili. Int.'ni iiiiibonii.'ri "I7',ift, A map of Niirtb Anii'iica and lb." W.'iti IndlcK. Hy I.. II, H 1).. |,«ll..cb..|liv l.oiidi n. "I'^Hi Aini'vica, .llvlde.l hiio North iin.l i«oiiih, wlih ibrd fii.v(.i'ii| MtijiiiivUiiiiid, Jill,) iiig uew(!!!l di§c^vfirlf>i-. lly l^itrh un I WhIUbi. i.und.«, irii iiiiiiMii), iiiiil I'lir I'owiiall, iiKuii if Amrricii, di. IVlli rrlil urn f X I'lti'ii, iiM widl nf ilii' jiii'liinl" I , i;kI, Ar. Ily ilily ttiilialnixiii ra, Willi imrl III I'Kl Illdli'H. Ily >l|l|l, wllh llirh OS, Ily lAMit > Ciil llui'iiosi 13 I -.gll _Map of ihc Di-itish Colonies and the United States of North America. J.Lodge." ur u i „ Since 1814, several have been pubhsh'jd, in v/.uiih it is believed the old well-known and well- p.stablished line is adhered to. At all events, there •V one now suspended in the roona of the Commit- i»p on Foreign Affairs, drawn by Mr. Bouchette, anler British authority, in 1815, in whioh the 'Province of Maine" is placed in lar?e capital* .ifioss the now disputed territory, and on which the iiighlands are delineated, as of old. But I should not be pardoned for dwelling longer ,i,ion this point, though there are many argutnents, . nd cogent ones too, not yet noticed. Some of them were pressed upon your attention by my colleague, w th a clearness and force I could not equal, should I ;ittempt it. If his arguments upon this point shall htive had the effect upon the minds of members which they ought, I shall be satisfiiu, snd the ob- ifot 1 have had in view obtained And now let me inquire, what mortal can say ihTc is any doubt about the title of Maine to this te ritory? Is it not established by the most clear and indubitable evidence, and most of it, too, de- rived from the adversary nation itself? 1 will not hflievs, that an individual can be found this side the Alaniic, who will di.«paraRe our title, or admit that there is any doubt about it. If then, the title of Maine is clear and indisputa- bl**, why not pass this bilH Ii asks merely that the line should he rua and marked. Is it not the duty of the General Government to maintain the inlegri- ly of our territory? No one will deny that it is so, by virtue of the express provisions of our constitu- tional compact. W hy not then take this single step towards dibcharging a most solemn obligation? What motives or what causes can be assiijned to )Uf!lify a refusal to do what you have, o/frced to 'i''y." „,,».. Again: in reply to a letter of Mr Livingston, in which he suggests the principle of making courses yield to monuments, Mr. Vaughan s-ays, in a leiter bearing date May 11, 1833: "The undersigned is convhiced tlmt il is hopeless to expect a favoiable result from a renewed iiegmitation upon that sub- jec! Again, in the same letter, he says: "It is the duty Bf the undersigned to transmit immediately to hisGoveinineiitthenoteof Mr. Livingston; but, at the same nine, he cannot resist from inviting tiie Secretary ol Stale of the United States to oiler, without waiting tlie result ol that reference, some more prompt and elhcient measures I - the set- tlement of the boundary than the renewal of a negotiation en an j7iudmissil>lc biisis, or recourse again to commissioners of boundary," etc. ''Inadmissible basisr' What was that basis? Why, the treaty oj 1783. A treaty signed by the British Government, in which our boundaries are agreed upon in the most clear, explicit, and unambiguous terms, is set aside by that very Governmeni as an inadmissible basis for running and .settling the line ! Will gentlemen, after this, tell us that we should still persevere in our hitherto abortive attempts at negotiation? — that we should coax the British Go- vernment a liitle longer, under the possibility that she may relent at last, and unsay what she has so ofien and so emphatically said? I will not believe that Maine is to be thus insulted. If there is to be any further negotiation— any new proposition— in the name of a proper self-respect let it come from the British Government. But let us look a little farther at this correspon- dence. In a letter of Mr. Vaughan, dated May 31, 1833, he says further: "Il appears to the Mndersicned that iho time is now nrrlvnil wlii'ii this |ierplrxod and hilherlo interminable ipiestion can only honetal rent by an tihaiKhmmrnlqfllir (ifficlive tlficrip- linn of Imtindai ij ciiiilainiU in (hi: Iriuly, by the two (Jovern- menlH mnliially' aareeiiiL' upon a toiiveiitional lino of boun- dary more rnurrnirni to bolli parliflH than those inslstetl upon by thecommiHsionerHof boundary under the lifih article of the treaty of (Jlient, or the lino suggesled by tliu King of the Neiherlands." In the same letter he adds: "The priipoBitlong of Mr. l.ivin'jsion very justly providei asninstany deviation ea!i'fiilri.-iiitlcouU\Uim\na\nci\ from tlic local survey proposed by the Ame[icaii(3overnmcnl, until the two parties are agrecdupon Ihrse scvn points." Now I ask the House to look at this propos'tion in all its naked deformity, and then to say, whether a proposition of a more insuUing character could be made. A case is suhmiltcd to an arbiter, to wii: to settle a bounilary line accordng lo Ihe terms of a treaty. He, prelendinj; to find threat ditlicultics in his way, declines deciding, setting forth his views at large in a report, and closing with his advice to the parties, to adjust the dispute in a particular way, utterly at variance with the terms of the trea- ty. But, as Ihe arbiter had travelled out of his commission, had advised merely, when by accepting the papers he had agreed to decide, and had con- founded "/»ig"///anrfs" with the bed of a river, the award is rejected and se' aside as of no validity or effect. Some years afterwards, when another attempt is made to settle the difficulty, ona of the parties hunts up the old report of the arbiter, and ( ndcavors to show that the arbiter, arguendo at least, had decided seven points subsidiary to Ihe mainquistion, which he d'd not decide, and irisists that these seven points shall be made the " grouiuhcork for further proceed- ings;^'' in eflTect, insisiting on a right to pick out of the award all that they consider as: particularly fa- vorable to themselves, and throwing the rest away! Now I ask, what can he more insulting than this? I ask if the history of diplomacy can show its pa- rallel, and if we are willing to submit lo this degra- dation any longer! P.ut this isHdt all In a letter of Mr. Vauglian to Mr. Forsyth, dated December 8, 1834, he says: " His Majesly'.s Government trust that the American Cabinet will be prepnrrd to agree with that of his Majesty as to the construc- tion to be put upon this passage of (he treaty, and will concur in deciding that the Atlantic rivers which arc to guide the conimissionc s in searching for Ihe highlands desc'.ibed in the treaty, are those riven which fall init the .sra to the ivestward of the mouth of the river St. Croix." That is, the St. Johns and Risligouche are not Atlantic rivers; and he adds: "The undersigned is instructed to repre- sent to Mr. Forsyth that his Maje.sty's Government consider a clear agreement between the two Go- verninenis on this point to be an intlisputable preli- tniniiry to the establishment of any new commis' sion of .survey." And subsequently, he says, after alluding to Ihe arbitral ion of the King of the Ne- Iherlandr., the British Government "frmno* note con- tent to refer it to any other arbitration.'''' Here wo have it, in express terms, that the Bri- tish Government will not submit Ihe matter to arhl- (ratton at any rale, and will not consent even lo have n survey, unless wc will agree to iheir " indis- putable preliminary," to wit: that the St. Johns and Uisligouche ate not Atlantic rivers; that is, ihey will not consent to enter upon a course lo a-rortain the line, unless we will (irst admit that we have no ttuti for I rngfttd thi acknowledgment that the St. Johns and Uisligouche are not Atlantic rivers, as «ni}!ys!i>ni to it. Uut^ to can the clinisx lt> !h>< series of instilling propositions, lei me quote once more from the leiier o( Mr. Bankhead to Mr. For- •yth, dated neceinbcr ae, I83r.. "His Majemv Government, however, do not the less lament that the advances which they have made have beei; fruitless; but with their regret is mingled the satis- factory consciousness which they feel, that, in ..la- kittg those advances, they have gone to the. uli wsi extent to which a due regard to the honor and i I'o- rests of the British Crown could permit thei". u< go." Honor and interests of the British Crouu' What sort of honor is tliat which unWushingly ai.J, wantonly refuses to abide by the solemn stipulaiicn- ofatmaty? But they have a ".satisfactory con- sciousness" in contemplating the ''advances''- ihey have made. " Advances!" What advances hav. they matle, but to advance upon our territory, ami then insisting upon our agreeing th;U they arc right, before they will consent to inquire inti ihe legality of such an advance. They have, lo bt sure, made "advances," but they are upon mii patience and good nature; they are a wanu n trampling upon our rights. But, sir, I will not occupy the time of the House longer with this branch of the subject. I have not read all from the correspondence bearing upon ih" point I have been ctyisidenng, lest I should fniiguc Ihe House; but only enough to show that it i- utterly ''hopeless," as the British Government say, lo expect any thing further from invitations on out part to protract this correspondence ; and I think every member who has listened to me must be .sa- tisfied of that. What, then, jihall be done? Shall Great Briiain be permilled to remain in the .Miiei and undisturbed po.ssession antl use of our projnrty, without making one single c/fort on our pan to procure its resturation? Shall we lamely fubmii lo the degradation of being plundered ol our pro- perly, and then spend years in soliciting the ;ih.in- derer to agree upon some mode in which the lega- lity of his conduct may be tried? I trust not. i! will noi be in accordiince with thai spirit which ha-, hiiherlo distinguished the American character. It would argue a wrnknessnnd pusillanimity distrrace. ful to us in the last degree, and cannot, I am con- fideiit, find advocates upon this floor. What, then, shall be done? Shall we go tt^ Wi.r? 1 answer, no; unless the surveying and murking our line, and resisting all I'orcible attempts t > tale our properly from us, be war. I profess to ue the friend of peace, and would not raslily and uniieco- sarily embroil ttur country in dilftcullics whi'h wouiil result in war; but, in this case, I hav iici the remotest .suspicion that the measure pro| hm-.I could have so disastrous and unhappy a result. Let this step be taken, and ihe whole qucttiKn i.s settled. Great Briluin, when she sees a tleteri unc lion, on Ihe part of the General OovernPiniii, ii. have this question i>-llled, and to cause Muum lo be restored to her possesnions, will agi " optiji terms at oner. When delay shall bccor ' dnn- gerous to hrr iiitj-rfsl.i, depend upon it she will delay no longer. A rupture of the peiuelul reln'iotis sub,-.isiing between thai country and this woi*;d Ue one of the last things thai Great Britain couM ri^ gaiil as desirable. Nor will she permit ii, wl en I i.s so ea.sily avoided. The President, in his lasl annual message, holds ihr following iangungt: upon thiri r^ibjcci : "OrpcndliiH 'itH'Kiltuiii, Ihe mom luiporlmii In ilim wlilPli nxUlD with Ihu (liiveriiincni of (iii'Al llrlialii, In rt'i)|i«c i ilu* have, 10 be ire upon (un re a wanu n of the Kouse I have no! ring upon ih" houlU fniipuc iw that 1 1 i,^ Trnmeni .say, ations on our ; and I think e must be ,-a- done? Shall in the vMiiei our property, our pan lo imely fubmii J (.)l our prii- ing Ihc ;.ii.in- lich thf lega- rusi tidi. l! rit whidi ha-^ hnractcr. It niiydistrracc )t, I am cori- VC gOt(' Wilt? uiJ murknig mpts t > takr esN to ue tlie jnd unnect'v- allies whi' h ?, I hav Ju'i ure proi nM'.l ppy a rtsnlt. (■ n iit ttdeltriunc ifernPiKni, ii. sc Maine Ic ogr " npmi )ecor ' dim- lie will delay ui rclii'ions Its vvuit.^d be in couM tt>- t il, wl m I 's^age, holds \» ilmt wlitPli I ri'»ii»c I nil'' rt'oi-et |)i4l III* pcopic of ihc liiiicil r>;;vu'3 nuial look back iipoii the abortive cm.'ns iiiMile byilio E^pcmiv,^ for n period of moic than lia'.f u comury, (o (l.-trrmiue, v.Miiit u<> oatioii fbmiKl sulTor long to remain in i\v:<\nuc, die (rue lino wbicli divulcs its posefsstors fiom ihoae ofotluT pnwer.i. Tb« iiai;n-e ot tlie^ettleineois uri tlio bunlers of ilm l^iiitrj Slates, nml ol the nei-bbonni.' te u- lory, was, for a si.a.nn >ucK ibat thif=, perliaps, wiw not im lie- n.nsaljle to a faitlitiil perlbrmaiice ol the dolirs ol the leJciui Governinonl. Time ba^ l.nwever, .hnnu'e.! tlil.s .laie ol ihmL's-, and liasbioii'jbt about a comlilioii ol alUur.s m wbicb tlio true imertetsof boll, eoumrie. i,„,,eraiively r.'.mire ibat tbisqm's. tion sl.oiiUl be ptU at roM. It is not U; he >U.coi>-e, ibat. v^ i full nmfiilence, often expreescd, m the desire nl Uie liiiti>li Government to terminule it, we are npparently as lar Irom lis uilinstment a.s vi were at tlie time of Higmiis tbe treaty ol iieace in 17-^'!. The dile ivsnlt of lonu peiidint' ne:'0tialRin.<, and a perplexins arbitraiion, appears to be a convniion, on iM part that a lonvealioiial line must Ije adopted, Irom ibe impo--. sibility of ascertaining the irne one acrordim: to the descrip- tion contained in that treaty. Witliont cmnenliiri m tins o|)i- nioii wliirh i.i nnt llunmht lo bi' well lounded, my predecessor cave the stionuesl proof ol tlie earnest desire ol the United Wtatc* to lernniKito, satisfactorily, this dis|iute, by pruiKisniL' ihe Rijlistiiutioii of a coiiveniiimal line, if the consent ol the *ate;i Interested in the (iiieslion could he obiameil. To this lllllp(l^i tion no answer has as yet been received. The atleiuion ol the British (invenimeiii has, however, been uraenlly invited to the eubiect, and its repiv cannot, I am confident, be much loiiL'er delayed. The ueneral relaiions between (Jreat Hritaiii .-nd the United States are of the most friendly cliniacler, anil I am well Baiisl'ied of the sincere dispcisition ul iliat (Jovernmeiit to main tail! them upon iheir present lootinc 'Ibis di^inisition has also, 1 am persuaded, become more general with die people ol Eni'laiid than at any previous period. It is scarcely necessary to say to you how cordially it is reciprocated by the (Jovcim- ment and lieopk (d' the tuiiinl Siaies. The conviction, wliuh must lie ciumnon m all, of ihe injurinns conpcipieiices that re- sult from keepiim open 'Ins irrilaiinsi i|uesiioii, and the cer- liinly that its final .^iMi lenient cainii.i be much Ion jer del. Tied, will I trust, lead lo an early and .satisfiiclory ad|iisiiiient. At your last session, i l.iid. before yon ihe recent communicatloiis b 'tween the iwo (bivernmeiits, and between this Giiverninent and that (d'llie Slate of Maine, In whose solicitude, conceriiintr a fluhieci In whieli she has so deep an iintresl, every poriiou of the riiion participates '' In this, the rrt-s-idciu manit'estsilmi friendship fi'r Maine, regard fur her intercst.s, and mild bal hriii purpo.=^e to maintain them, which has ever charac- terized his course upon this subject, in the several capacities in whicli he has been called ui act. Tiie London Times, of December 27th, understands the message as we do. In regard to that part of it touching this subject, it holds the following lan- guage : " From the tone and spirit of k) much of the incssflge now alluded to as is connected with this New Brunswick controversy, it appears natural to predict that it will not be sufftred by the present Government of the United States to remain much lonser unsettled:' The President says that no nation should long suffer its boundaries to remain in di.s- pute. Does Congress doubt this? or will they co- operate with him in that action which the truth ol' such a position demands? He says the true interests of both countries imperatively require that this ques- tion should be put at rest. Will Congress .say it should be Icept open? or will they unite their eflbrt.-^ with these of the E.veoutive to put it lo re.st? He says he does not coincitle in the opinion of the Bri- tish Government, that this boundary line cannot be run according to the treaty of 17B3, and that a conventional line must be adopted. Will Congres.^ sustain him in this? or will they tell us to negotiate and make the best bargain we can ? I trust not. The lime has arrived when some decisive step should be taken. Let there be union, energy, and firmness among the different branches of the Government upon this subject ; let them manifest the dettrinination to submit to nothing wrong, as well as to ask for nothing but what is right, and this long-vexed question will be terminaltd and