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MAINE AND NEW I5RUNSWICK. -n.r- '\/\k'--''\ ' • Y ■•■ .-.(■.,, MESSAGE ',■«■' , , • FnOM THK I 1 PRESIDENT OF THE UNITED STATES, The suhject of the present state of affairs between the. State of Maine and the British Province of New Brunswick. February 26, 1839. Itt'fcrreJ to the Committee on Foreign AfTairs, and 10,000 extra copies ordered to be printed. To the House of Representatives :> • ' 1 lay before Congress several despatches from his exci;llency the Gov- ernor of Maine, with enclosures, coinmaiiicatiiig certain proceeditigs of the Lfescislature of that Slate, and a copy of the reply of the Secretary of State, made by my direction, together with a note from H. S. Fox, Esq., envoy extraordinary and mniister plenipotentiary of Great Britain, with the an- swer of the Secretary of State to the same. • '• .'; , It will appear from these docunjenis, that a numerous, band of lawless and (lcs])erate men, chiefly from the adjoining British provinces, but with- out the authority or sanction of the Provincial Government, had trespassed upon that portion of the territory in dispute between the United States and Great Britain whir' ' ^ watered by the river Aroostook, and claimed to belong to the State vJaine ; and that they had committed extensive dep- redations there, byciuting and destroying a very large quantity of timber. It will further appear that the Governor of Maine, having been ofllcially apprized of the circumstance, had communicated it to the Legislature, with a recommendation of such provisions, in addition to those already existing by law, as would enable him to. arrest the course of said depreda- tions, disperse the trespassers, and secure tlie timber which they were about carrying away ; that, in compliance with a resolve of the Legislature, passed in pusuance of his recommendation, his excellency had despatched the land agent of the Stale, with a force deefued adequate to that purpose, to the scene of the alleged depredations, who, after accomplishing a part of his duty, was seiz d by a band of the trespassers, at a house claimed to be within the jurisdiction of Maine, whither he had repaired for the pur- pose of meeting and consulting with the land agent of the province of New Brunswick, and conveyed as a prisoner to Frederickton, in that province, together with two other citizens of the State, who were assisting hiin in the discharge of his duty. It will also appear that the Governor and Legislature of Maine, satisfied that the trespassers had acted in defiance of the laws of both countries, learning that they were in possession of arms, and anticipating (correctly, l^homag Allen, print. 2 Doc. No. 222. as the result has proved) that persons of their reckless and desperate char- acter would set at naught the authority of the magistrates, without the aid of a strong force, had authorized the sheriff and the officer appointed • in the place of the land agent to employ, at the expense of the State, an" armed posse, who Jiad proceeded to the scene of these depredations, with a view to the entire dispersion or arrest of the trespassers, and the. protec- tion of the public property. In the correspondence between the Governor of Maine and Sir John Harvey, Lieutenant Governor of the province of New Brunswick, which • has grown out of these occurrences, and is likewise herewith communi- cated, the former is requested to recall the armed party advanced into the disputed territory for the arrest of trespassers, and is informed that a , strong body of British (roops is to be held in readiness to support and protect the authority and subjects of Great Britain in said territory. In answer to that request the Provincial Governor is informed of the deter- mination of the State of Maine to support .the land agent and his party in the performance of their duty ; and the same determination, for the ex- ecution of which provision is made by a resolve of the State Legislature,, is communicatetl by the Governor to the General Government. •The Lieutenant Governor of New Brunswick, in calling upon the Gov- ernor of Mai*ie for the recall of the land agent and his party from the dis- puted territory, and the British minister in making a similar demand upon the Government of the United States, proceed upon the assumption that an agreement exists between the two nations, conceding to Great Britaipy until the final settlement of the boundary question, exclusive possession of, and jurisdiction over, the territory in dispute. The important bear- ing which such an agreement, if it existed, would have upon the condi- tion and interests of the parties, and the influence it might have upon the adjustment of the dispute, are too obvious to allow the error upon which this assumption seems to rest, to pass for a moment without correction. The answer of the Secretary. of State to Mr. Fox's note, will show the ground taken by the Government of the United States upon this point. It is believed that all the correspondence v/hich has passed between the two (governments upon this subject has already been commimicated.to Congress, and is now on their files. An abstract of it, however, hastily prepared, accompanies this communication. It is possible that in thus abridg- ing a voluminous correspondence, commencing in 1S25, and continuing to a very recent period, a portion may have been accidentally overlooked ; but;- it is believed that nothing has taken place which would materially change the aspect of the question as therein presented. Instead of sustaining , the assumption of the British functionaries, that correspondence disproves ■. the existence of any such agreement. It shows that the two Governments have differed not only in regard to the main question of title to the terri- . tory in dispute, but with reference also to the right of jurisdiction, and the fact of the actual exercise of it in different portions thereof. Always aiming at an amicable adjustment of the dispute, both parties have en-r tertained, and repeatedly urged upon each other, a desire that each should exercise its rights, whatever it considered them to be, in such a manner as . to avoid collision, and allay, to the greatest practieable extent, the excite- ment likely to grow out of the controversy. It was in pursuance of such an understanding that Maine and Massachusetts, upon the rehionstrance of Great Britain, desisted from making sales of lands ; and the" General Government, from the construction of a projected military road in a por- Doc. No. 222r / r 4 j • tioii of the territory of which they claimed to have enjoyed the exclusive posieNdion ; and that Great Britain, on her part, in deference to a similar rornoiistninco from the United States, suspended the issue of licenses to cut timber in the territory in controversy, and also the survey and loca- tion of a railroad through a section of ieen brought together by the State of Maine, from an apprehension of a eollision with thd Government or people of the British province, will be Tol.untarily and peaceably disbanded. I cannot allow myself to doubt that the results anticipated from these representations will be seasonably realized. The parties more immediately interested cannot but perceive that an appeal to arms, under existing circumstances, will not only prove fatal to their present interests, but •would postpone, if not defeat, the attainment of the main objects which they have in view. The very incidents which have recently occur- red will necessarily awaken the Governments to the importance of promptly adjusting a dispute, by which it is now made manifest that the peace of the two nations is daily and imminentl^r endangered. This ex- pectation is further warranted by the general forbearance which has hitherto characterized the conduct of the Governments and people on both aides of the line. In the uniform patriotism of Maine, her attachment to Ihe Union, her respect for the wishes of the people of her sister States, (of ■whose interest in her welfare she cannot be unconscious,) and in the soli- citude felt by the country at large for the preservation of peace with our neighbors, we have a strong guaranty that she will not disregard the re- quest that has.been made of her. 1 l«-- As, however, the session of Congress is about to terminate, and the agency of the Executive may become necessary during the recess, it is important that the attention of the Legislature should be drawn to the consideration of such measures as may be calculated to obviate the neces- sity of a call for an extra session. .With that view, I have thought it ray Arty to lay the whole matter before you, and to invite such action thereon as you may think the occasion requires. ^ ^ M. VAN BUREN. . ' Washington, /^ftrMary 26, 1839. • *,!\ ^,.^.,, u ; t/' ".%■ •». Litt of Papers accompanying the President's Message of February 26, 1839. Covemor of Maine to the President, (with encIogureR,) February 18, 1839. ' ' Same to same, (with enclosures,) February 19, 1839. Secretary of State to the Governor of Maine, February 26, 1839. * - Mr. Fox to Mr. Forsyth, February 23, 1839. Mr. Forsyth to Mr. Fox, February 25, 1839. * , ,. V,. ;.?' . Ml. Fox to Mr. Forsyth, February 25, 1839. [Note— The last note was received after the President's message was prepared.] Sxtracts from printed correspondence, ,. Doc. No. 222. EN. •9. I ■I Oovernor of Maine to the President. ; ;, .j, t ,,;;-,. J.' .'#•*'■ 1^^ E>XEcuTivB Dbpartment, ;^, . Jitigusta, February \6, IS39. Sir : I have the honor herewith to enclose the Governor's message t* the Legislature of this State on the 24th ultimo ; resolve of the Legisla- ture thereon; message of the 13th instant, *and resolve of the same date; message of the 1 8th instant, and resolves passed by the House of Repre- sentatives of the same date ; a proclamation issued by Sir John Harvey, Lieutenant Governor of New Brunswick, on the 13ih instant; and a let- ter received by express from him this morning, also dated February 13L By these papers you will learn that the honorable Rufus Mclntire, while engaged in the service of this State, as land agent, in endeavoring to expel, from lands bordering on the Aroostook river in this State, a body of armed men, principally from the British provinces, who were engaged in cutting the timber, in defiance of the authorities of this State, has beea seized, with Gustavus G, Cushman and Thomas Bartlett, Esquires, who were aiding the land agent in this service, and have been transported to Fredericton, the capital of New Brunswick. The manner in which thi« was, done I have described in my message to the Legislature of this day. It was, to say the lea-st of it, grossly insulting to Mr. Mclntire, and is such an indignity to the State and the nation .as cannot and ought not to be submitted to. These gentlemen have been seized upon territ6ry which is regarded by Maine as having always been within her exclusive posses- sion and jurisdiction, as will appear by a few of the facts alluded to in ray message. You will perceive, by the proclamation and. letter of Sir John Harvey, that he assumes the extraoiduiary position that the British Government, by an agreement with the Government of the United St^ites, is entitlwd to the exclusive possession and jurisdiction of the whole disputed territory until the question of right shall be settled; and that he has ordered out a large military force to expel the party in the service of the land agent from the territory, calling the proceeding on our part an invasion of her Majes- ty's province of New Brunswick. In this state of thing?!, I ha ; > to inforra your excellency, that our citizens, now upon this territory, en^, u.cd tii the service of the State, will not leave it without accomplishing their objc^ct, unless compelled to do so by a superior force ; that one thousand draughted militia will march for the Aroostook on Wednesday, the 21st instant, to aid 'and assist the land agent in carrying into effect the resolve of the 24tli of January. I shall, ^Iso, forthwith proceed to order a further draught df the militia of at least ten thousand men, who will hold themselves in insta«t readiness to march. Such further measures as it may be found necessary to take, to maintain the rights oX this State in the premises, I assure your excellency that I shall not fail to take, and that with as much promptness as circumstances will permit. These, in brief, (in conjunction with the statements in the papers en- closed,) are the facts in the case ; and, if I do not misconceive them; they authorize me to call upon the General Government, which I do, for that aid and assistance which the whole States have guarantied to each ie such an emergency. In a case of such deep and vital interest to this State, I feel confi- dent that you will not only rightly appreciate the common Jfeeling of oar wiKmmmmmm 6 'Doc. 1^0. ^2. ,jt% citizens/ but that ybli will act tvitH that prompfhess and efficiency which our peculiar position demands. • I have not time to enter more at large into the circumstances pf the case. John D. McOrate, Esq., the bearer of these despatches, will com- municate such further information as your excellency may be desirous of obtaining. • I will only add, that, in this State, there is but one feeling upon this subject ; and that is, of deep indignation at the outrages that have been perpetrated, and of a fixed and unyielding determination not to submit to the degrading terms proposed by the Lieutenant Governor of New Bruns- wick — that of withdrawing from the Aroostook territory, and abandoning our soil to foreigners, and our property to q. band of armed plunderers. I have the honor to be, with high respect, your most obedient servant, JOHN FAIRFIELD, e'oy.o/Majwe. His Excellency Martin Van Buren, President of the United States. To the Senate and House of Representatives: * 'I On the 14th of December, 1838, the land agents of Massachusetts and of this Sti\te appointed George W. Buckmore to proceed to the Aroostook and Fish rivers, for the purpose of preventing, as far as he was able, any tKCsspasing upon the public land. Mr. Buckmore has just returned, from 'those places, and made a report, which has beer\ communicated to the Governor and .Council, and is, herewith, laid before you for your con- sideration. By this report, it appears that a large number of men, (many of them, I. arft informed, from the British provinces,) are tresspasing very extensively upon the lar^ds belonging to this State; that they not only refuse to desist, but defy the power of this Government to prevent their cutting timber to any extent they please. Upon the Grand i^ver, it is estimated there are from forty to fifty men at work. On Green rivfer, from twenty to thirty. On,Fish river, from fifty to seventy-five men, with sixteen yoke of oxen and ten pair of horses, and more daily expected to go in. On township letter H, ten men, with six oxen and one pair of horses. On the Little Madawaska, seventy-five men, with twenty yoke of oxen and ten horses. At the Aroostook falls, fifteen men, with six yoke of oxen. The quantity of.timber which these trespassers will cut the present winter is estimated in value by the land agent at jj 100,000. • "t^ - .. ' These facts, it seems to me, present a case in which not merely the property, but the character of the State, is clearly involved. The suprem- acy of law, as well as the sanctity of right, cannot thus be contemned and set at naught with impunity, without impairing the general authority of the Government, and inviting renewed aggressions on the part of daring arid lawless men. Conduct so ontrageo I hi'gh-handed as that exhibited by these reck- less depredators upon the public property, calls for the most prompt and vigorous action of this Government. Under these circumstances, therefore, I would recommend that the land agent be instructed forthwith to proceed to the place of operation on the Aroostook, 'and also upon Fish river, if practicable, with a sufficient num- t \ M m^imwmmmm Doc. No. 222. ^ which J of tho ill com- lirous of poll this ve been ibmit to r Bruns- nddning Brers, ervant, taine. etts and roostook ibie, any led. from d to the our con- f them, I. ensively to desist, ■ imber to lere are thirty, of oxen ownship Little horses, quantity stimated rely the suprem- itemned uthority f daring }se reck- tnpt and the land on the nt num- le « t \ %er of men suitably equipped, to ^eize the teams and provisions, break up the camps, and disperse those wlio arc. engaged in this work of devasta- tion and pillage. The number suggested by the land agent as sufficient iox this purpose is fifty.- This estimate is probably too smaH. • The land agent, under the law of 1831, may perhaps be invested with sufficient authority for this purpose. Hut, considering that it would be an ex- traordinary measure, and would involve considerable expense, for which there should be an appropriation, it was deemed best to ask the sanction of the Legislature. It is not to be supposed that the Provincial Government wink at these lawless proceedings on the part of its citizens. On the contrary, we are bound to believe that it would be as willing as this Government to have them arrested. Be it as it may, we are bound by every consideration of duty to ourselves and to those who have confided their interasts to our care, to take some strong, decisive, and efficient measures in a case of so flagrant a charact-er. Nothing else will save our beautiful and valuable forests from destruction and plunder. I have deemed it expedient to make this communication to you confi- dentially, under the impression that if your proceedings should'be com- municated to the trespassers before the land agent was prepared to go in, they would combine their forces, and render any attempt to break, them up more difficult, if not ntore dangerous. ;**^:/:;-. JOHN FAIRFIELD. Council Chamber, Jirmt/ary 23, 1839. ' .^ ••■ STATE OF MAINE. ' . ;. * Resolve relating to trespassers upon the public lands. Resolved, That the land agent be, and is hereby, authorized and re- quired to employ forthwith sufficient force to arrest, detain, and imprison all persons found trespassuig on the territory of this State, as bounded and established by the treaty of 1783; and that the land agent be, and is hereby, empowered to dispose of all the teams, lumber, and other mate- rials in the hands and possession of the trespassers, in such way and man- ner as he may deem necessary aud expedient at the time, by destroying the same or otherwise ; and that the sum of ten thousand dollars b^and hereby is, appropriated for the ;jui pose of carrying this resolve into effect; and that the Governor, with the advice of the Council, be, and is hereby, authorized to draw his warrant, from time to time, for such sums as may be required for the purpose aforesaid. .., -,3 ••. . V, In tue House of Representatives, January 23, 1839. This resolve having had two several readings, and the engrossing of the same dispensed with, finallv passed. Sent up for concurrence. H. HAMLIN, Speaker. ' • ■ X. . - - In Senate, /tfnwffry 23, 1839. . "This resolve having had two several readings, and the engrossing of the same dispensed with, was finally passed in concurrence. JOB PRINCE, President. January 24, 1839. Approved: JOHN FAIRFIELD. a l)oc. No. 222. STATE or MAINE. , ^,; -♦ '^ SeCKETAHV's Oi'I'ICE, Augusta, Februart/ 18, 1839. , 1 hereby certify that the foregoing is a true copy of the original de- posited in this otiice. ' Attest: A. R. NICHOLS, Secrelarjf of State. I t To the House of Representatives ; • In compliance with the request of the House of Representatives, I herewith comtnunicate such information as I have in relation to the ''re- ported abduction of the laud agent.'' Under the resolve of the 24ih of January la^t, entitled " a resolve re- lating to trespassers upon the public land?," the land agent repaired, with about two liundred chosen men, to the soeiic of operations, on the Arpostook river. Prior to his reaching thcie. it is understood that the trespassers, amounting to about three hundred in number, all well armed, had combined and were determined to resist every effort that •hould be made to break them up. Finding, however, that the land agent had prepared himself with a brass six-pounder, they chose to retire from the ground, passing down the river. The land ageHt, with his company, also passed down the Aroostook to pear its mouth, finding the several places of operation abandoned by the trespassers. On Monday last they captured a gang of about twenty, who had been operating farther up the river, and sent several, who were con- sidered the ringleaders, to Bangor, where it is supposed they are now in jail. On Monday the land agent sent a letter to Mr. Maclauchlan, the land {igent for the province of New Brunswick, inviting a n^eeting with him at the house of a Mr. Fitzherbert, about four miles from where our cora- }>any were then stationed ; and on the same evening, in company with . bur others, Mr. Mclntire repaired to the house of Mr. Fitzherbert, in- tending to pass the night there. Th< trespassers, however, having in sorne way become possessed of the facts, detached a company of about flfly, seized the agent and those accompanying him, and transported them, it is believed, beyond the bounds of the State. The company is now at No. 10 on the Aroostook, fortified, and antici- pating an attack, in case any attempt should be made on our part to exe- cute the resolve of the 24th of January, by destroying the timber whicb has already been cut. i have advised the sending in a reinforcement of three hundred men, as it is probable that the number of the trespassers will be constantly aug- menting; and, if a resolve to that effect be passed, shall appoint an agent to supply, temporarily, the place of Mr. Mclntire, and lead on the ex- pedition. I have also despatched a special messenger to Sir John Harvey, liieu- tenant Governor of New Brunswick, for the purpose, among other things, of ascertaining whether these high handed proceedings of the trespassers are authorized,or in any way countenanced by the Provincial Government j c Doc. No. 222. 9 and to procure the release of the agent and those taken with him. Tho agent was aluo charged with other matters pertaining to this most extra- ordinary and outrageous proceeding. The facts above related, except in relation to my own doings, have been communicated to me verbally by the sheriff of Penobscot, who formed one of the company of the land agent. This is tile only coinmunioution from the land agent or his company which I have had, verbally or otherwise, that could be relied upon. ; JOHN FAIRFIELD. Council Chamber, Ftbrtiary 15, 1839. ■ i. ^ .HVJ. i^ STATE OF MAINE. from Resolve in relation to the Northeastern boundary. Resolved, That the Governor be authorized to appoint, when circum- stances in his opinion require it, some person or persons to supply, tem- porarily, the place of the laiid agent, in executing the resolve of the 24th January last, relating to trespassers on the public lands. , And the person or persons thus appointed shall, for the time being, have all the pv> vver^ and be subject to all the duties of the lana agent, so far as it regards the resolve aforesaid. In the H6use of Representatives, February 16, 1839. Read and passed^ 'H. HAMLIN, Speaker. In Senate, February 16, 1839. * Read and passed. JOHN PRINCE, President. February IG, 1839. Approved: JOHN FAIRFIELD. v .. State oj Maine, SKruETARY's Office, ^ ' Jiugusta, February IS, \SZ9, I hereby certify that the foregoing is a true copy of the orighial on file in this office. V ,w . Attest: \.R.mCnOL'&, Secretary of State. ■4 ^ To the Senate and House of Representatives : V Since my last communication to you upon the subject of the trespasses upon the ])ublic land.s, there has been forwarded to me a procjamation purporting to have been issued by the Lieutenant Governor of the prov- ince of New Brunswick, which I deem it my duty to communicate tc you, with a statement of my proceedings consequent thereon. By this proclamation, it seems that while the Lieutenant Governor dis- avows any authority from his Government for the seizure of the land agent, he ^et speaks of the attempt of the civil authorities of this State to drive a band of armed trespassers off our public lands as " an outrage'* and an invasion of the territory of the province of New Brunswick j and avows the fact of having ordered "a sufficient military force" to re- pair to the place where the land agent's party are endeavoring to execute your resolve of the 24th of January, and to repel what he thus regards as an invasion of the province of New Brunswi9k. , , 10 Boc. No. 222. n Immediately upon the receipt of this extraordinary document, I took measures to hasten the departure of the land agent's party, uttdprNtood to have been assembled at Bangor, awaiting orders, and numbering between four and live hundred men ; and also issued an order to Major General Isaac Hodsdon, of the third division, to detach one thouMand men, by draught or otherwise, properly officered and equipped, who were to rendez- vous at Bangor, and then proceed, at the earliest possible Uionutnt, to the place occupied by the land agent's party, on or near the Aroostook river, there to render such aid as would enable, the land agent to curry into ef- fect the resolve of the 24th of January. I also despatched a special messenger with a communication to Major ' Kirby, of United States artilleyry, commanding at Htincor;k barracks, Houlton, informing him of the facts, and asking his co-operiition with the troops under his command with the forces of this State in repulling an in- vasion of our territory, and sustaining our citizens in the lawful and au- thorized protection they are endeavoring to extend over a portion of the property of the State. If these proceedings on my part meet the approbation of tlte Legisla- ture, and an appropriation be made for the purpose, I shall feel it to be my duty to proceed forthwith to order a draught from tho militia of at least ten thousand men, who will hold themselves * in instant readiness to march to the frontier should circumstances require it. I have not yet called upon the President of tlie United States lor aid in repelling the invasion of our territory by foreign troops, deeming it proper to postpone thatstep until the return of Colonel Rogers from Ijis special mission to Frederickton, or at least uirtil some infornHition should be re- ceived from him, which will, probably, be as early as the UOtli or 81st in- .stant. If, however, you should think otherwise, and that no delay should be allowed for this purpose, an intimation to that effect will hu promptly obeyed. If I have not entirely misconceived the circumstances of thf* case pre- sented for your consideration, it is one calculated to excite llie deepest feeling in the breasts of our citiz'ens, and calls for the most prompt and de- termined action on the part of this Government. What is that case ? You were informed that a large number of armed and desperate men from a neighboring province had forced themselves into tlu; territory of this Stale, with a fixed purpose of cutting a vast amount of timber, and of resisting, even unto blood, any attempts to arrest them in the prosecu- tion of their unhallowed object. Deeming it your duty to make an effort to protect the interests of those who had confided them to your cnre,you instructed the land agent to proceed to the scene of devastation and pluti- der with a sufficient force to arrest those who were engaged in it. and to break up their daring' and wicked enterprise. While in the net of exe- cuting this order, the land agent was seized, transported beyond tho bounds of the State, and finally carried upon a ftlett, like a felon, and un- der the guard of provincial troops, to the capital of New Brunswick, for trial. Could a greater indignity be offered to any people having a pnrti- cle of sensibility to its rights and its honor, or to the sacrodness of the personal liberty of its citizens? It is true that the Lieutenant (lovcrnor denies that the original seizure was by authority. But at Woodstock the magistrates took cognizance of the affair ; satictioned the proceed- ings by issuing a warrant, (acting, undoubtedly, under tho authority of t I s m \ i" t)oG. No. 222. 11 nt, 1 took lerstood to i( between )r General I men, by to rendez- int, to the ook river, ly into el'- to Major burracks, 1 with the ing an in- il and avi- on of the ! Legisla- ?l it to bo of at least ditios*) to tor aid in it proper is special Id be re- i' !21st in- y should promptly •use prc- deepest and de- lit case ? ate men ritory ot* »er, and )rosocu- in ellort n re, you id plun- . (ind to of pxe- Mid the iirul nn- M('l<, for II pnrti- of the )vornor odstock rocood- )rity of I (■r I A if the proclamation,) and sending our citizens under an ignominious escort to Frederickton. Really, if there be rtny apology or justification for this treatment of our citizens, it is not to be found in any code of internation- al honor or comity with whi^h I have been acquainted. Not only this, but it seems that a military force is sent into a part of the territory of this State, to expel from it a civil force sent there by this Government for the protection of its property. How long are we thus to be trampled upon; our rights and claims deriddd; our power contemned; and the State degraded ? If there ever was a time when the spirit of in- dependence and self-respect should assert itself, that time is the present. We cannot tamely submit to be driven from our territory while engaged in the civil employment of looking after and protecting our property, without incurring a large measure of ignominy and disgrace. No palliating circumstance for this outrage can be found in even a pre- tence that the place where it was committed is within the concurrent ju- risdiction of the two Governments, much less that the British Govern- ment have had exclusive jurisdiction. Lands even higher tip, and beyond this, were surveyed and granted by the State of Massachusetts more than thirty years ago ; and Massacb"setts and Maine have long been in the habit of granting permits to cul timber upon these Aroostook lands, with- out being, to my knowledge, moleigted from any quarter, to say nothing of the sales and actual occupation of the land itself. It must'be gratifying to all who have .a true sense of the honor and in- terests of the State to perceive that, upon this subject, the din of party warfare is hushed, and that a unanimity has prevailed alike honorable and patriotic. No interruption to this commendable spirit, I trust, will be suffered. Union and good feeling, no less than prudence and energy, are absolutely necessary in this extraordinary emergency. JOHN FAIRFIELD. Council Chamber, February 18, 1839. Since writing the foregoing, I have received a communication from the Lieutenant Governor of the province of New Brunswick, in which he sets up an alleged agreement that the British Government shall have ex- clusive jurisdiction and possession of the disputed territory until the ques- tion be settled ; and informs us that he is instructed not to suffer any in- terference with that possession and jurisdiction. He entreats us to with- draw the land agent's party, and adds, that he has directed a strong force of "her Majesty's troops to be in readiness to support her Majesty's au- thority, ahd protect her Majesty's subjects in the disputed territory, in the event of this request not being immediately complied with." In regard to all this, I have only to say that, for one, I see no reason to doubt the entire correctness of tlfe course we have thus far pursued, and that, with the blessing of 'God, I trust we shall persevgre. No such agreement as that alluded to by the Lieutenant Governor can be recognised by us ; and it is an entire misapprehension, to say the least of it, that such an agreement has ever been made. ' The letter having hG§\\ written before Mr. Mclntire reached Frederick- ton, no official communication is made as to the course intended to be pursued in regard to him and those arrested with him. I learn, however, indirectly, that they are to be retained. I am informed that the land agent's party have stationed themselves, for the present, at the termination of the Aroostook road. While there, il .. 12 Doc. No. 222. Mr. Maclauchlan, the provincial land agent, presented himself, and, in the name of her Majesty, warned the party to disperse. Mr. Maclauchlan and his two assistants were, thereupon, taken into custody; and the agent, with one assistant, immediately sent to Bangor, where they are now de- tained. Copies of the proclamation and letter of the Lieutenant Governor of New Brunswick are herewith communicated. , , , JOHN FAIRFIELD. / ■ifh-: 1./; STATE OF MAINE. -^i*(.ft^. -■■.■■■..-;■.■.-, *f •■ frf-ji ^ ?. . '; . . . . 1.. _ 'i t^n dddiiional resolve relating to trespassers upon the public Ignds. Resolved, That the Governor be requested forthwith to communicate to the President of the United States the measures recently adopted by the State of Maine in relation to the trespasses on the public lands of this State, and also copies of the correspondence between the Governor of New Brunswick and the Executive of Maine, in relation to those meas- ures, together with any information in his possession relative to the sub- ject ; and to request the aid of the General Government in support of the rights of the State of Maine. / , . House of Representatives,. ' ; , : y; ^ V - " ,1 .. ^ i r February '\%,\?>39. This resolve having had two several readings, passed to be engrossed. Sent up for concurrence. CHARLES WATERHOUSE, Clerk. ; . -i ■ ' STATE OF MAINE. • Resolve for the protection of public lands. t Resolved^ That the honor and interest of this State demand that a suf- ficient military force be forthwith stationed on the Aroostook river, west of the boundary-line of the Stale, as established by the treaty of 1783 j and on the river St. John, if found practicable, at such points, as may be best adapted to the object, to prevent further depredations on the public lands, and to protect and preserve the timber, and other lumber already cut there by trespassers, and to prevent its removal without the limits of the State. Resolved, That ^he sum of eight hundred thousand dollars be, and here- by is, appropriated for the purpose of enabling the Executive to carry out the purposes of the foregoing resolv^ , and the resolve passed January 34, 1839 ; and that the Governor be, and hereby is, authorized, with the advice of Council, to draw his warrant for the 'same, from time to time, as it may be needed for that purpose. ', ', House OP Representatives, ■ '' ' • Febr^lary \8,\S3d. 1 hereby certify that the foregoing resolves this day passed to be en- grossed by an unanimous vote ; one hundred and fifty members having voted thereon. » CHARLES WATERHOUSE, Clerk. -;k t( tl Doc. No. 222. id, in the lauchlan le agent, now de- renior of [ELD. Iffnds, nunicate opted by Is of this ernor of se meas- the sub- It of the , 1839. (grossed. Clerk. By his excellency Major General Sir John Harvey, K. C. B. and K. C. H., Lieutenant Gov »r and Commander-in chief of the province of New Brunswick, &c. , , . ^ ,., . ,;,;^^ , at a suf- west f 1783 ; may be ! public already imits of id here- irry out anuary ith the ime, as 839. be en- having 'lerk. I A PROCLAMATION. ■.»'ii ,-v}' ;H ' Whereas I have received information that a party of armed persons, to the number of two hundred or more, have invaded a portion of this provinc6, under the jurisdiction of lier Majesty's Government, from the neighboring State of Maine, for the professed object of exercising author- ity, and driving off persons stated to be cutting timber therein ; and that divers other persons have, without any legal authority, taken up- arms with the intention of resisting such invasion and outrage, and have broken open certain stores in Woodstock, in which arms and ammunition belong- ing to her Majesty were deposited, and have taken the same away for that purpose, I do hereby charge and command all persons concerned in • such illegal acts forthwith to return the arms and ammunition so illegally taken, to their place of deposite ; as the Government of the province will take care to adopt all necessary measures for resisting any hostile invasion or outrage thaj may be attempted upon any part of her Majesty's terri- tories or subjects. And I do hereby charge and command all magistrates, sheriffs, and other officers to be vigilant, aiding and assisting in the apprehtinsion of all persons so offending, and to bring them to justice. And, ij» order to aid and assist the civil power in that respect, if necessary, I have ordered sufficient military force to proceed fortliwith to the place where these out- rages are re])resented to have been committed, as well to repel foreign inyasion, as to prevent the illegal assumption of arms by her Majesty's subjects in this province. And further, in order to be prepared, if necessary, to call in the aid of the constitutional militia force of the country, I do hereby charge and command the officers commanding the first and second battalions of the militia of the county of Carleton, forthwith to proceed, as the law directs, to the draughting of a body of men, to consist of one-fourth of the strength of each of those battalions, to be in readiness for actual service, should occasion require. Given under my hand and seal at Frederickton, the thirteenth day of February, in the year of our Lord one thousand eight hundred and thirty-nine, and in the second year of her Majesty's reign. By his excellency's command : WILLIAM F. ODELL. God save the Queen. ' Government HousR, Frederickton, (New Brunswick,) February 13, 1839. Sir : I have jaist heard, with the utmost surprise and regret, that, with- out the courtesi/ of any previous intimation whatever to this Government, an armed force from the State of Maine has entered the territory^ the claim to which is in dispute betwixt Great Britain and the United States, and which.it has been agreed betwixt the two General Governments shall remain in»the exclusive possession and jurisdiction of England until that claim be determined. It has been my duty, on more than one occasion, to apprize the Execu- tive Government of Maine that my instructions do not permit me to suf- !^"^W' 14 Doc. No. 2^2. .V. fer any interference with that possession and jurisdiction, until the ques- tion of right shall have hoon Anally decided in discussion betwixt the two General Governments, With the knowledge of thuso ingtructions thus explicitly ma^fe known, I cannot but repeat the oxprcuHion of the deep regret which I feel, that, instead of seeking their recall or modification through the Presidential Government, the State of Muino should thus have forced upon a subordi- nate officer the alternative of either failing in his duty, by abstaining from the fulfilment of the commands of bin sovereign, or, by acting up to them, placing the two countries in a filulo of border colUsion, if not the two nations in immediati and active hostility. . , Such, nevertheless, is the position in which I find myself placed by this overt act on the part of the State of Maine ; one from which I do not hesitate in entreating your excellency to relieve me, by ordering the im- mediate recall of a force whose presence within the precincts of the terri- tory as clainjed by England it is contrary to my instructions to permit. And it is proper that I should aoqnnint your excellency that I have di- rected a strong force of her MnjoHty's troops to be in readiness to support her Majesty's authority, and to protect her Majesty's subjeats in the dis- puted territory, in the event of this request not being immediately com- plifed with. '-'fffv;-' . .h ^ ^ ^ . With regard to any plea for those prdceedlngs on the part of the State of Maine, connected with timbei' spoliations in that territory, I have to inform your excellency that I, have given directions for a boom to be placed across the mouth of the Aroostook, where the seizing officer, pro- tected by a sufficient guard, will He able to prevent the passage of any timber into the St. John in tliu spring, or to seize it and expose it to public sale, for the benefit of the "disputed territory fund." Similar precautions will be adopted in regard to any timber cut upon the Upper St. John, or the tribufiiry streams tailing into it. Anxiously awaiting your exeelleticy's reply to this communication, have the honor to be your excellency's most obedient, humble servant, J. PIARVEY. His Excellency John Fa ini'M\i.i), Governor qf (he Sfaie f(/' Maine. * . I i-fi:-'" ;t*^' Governor (\f Maine to the President. "'/.'.. .„?./' ^ , , ExKrUTiVK Department, ,^uifust a, February 19, 1839. Sir: Yesterday I had the honor to enclose you certain papers relating to the difficulties which have arisen upon our Northeastern frontieV, with a brief statement of the facts, I have now the honor to enclose you my reply to the letter of the Lieutenant Governor of New liriuiswick, under date of tlie 13th instant^ and resolves passed by both branches of our Legislature. I would further inform your oxcellenry that, by a communication just received from Major Kirby, of the United States artillery, commanding at Hancock barracks, Houlton, I learn that " the 36th regiment, froiji a'West India station, has arrived in the jn'ovince;" that, "on the 16th instant, one company of that regiment passed Woodstock, destined to the mouth of the Aroostook ;" that, "this morning (the 18th) another company followed j 'J>y: th| ru| ir< thJ •'^kSoMairaiM! -■;j?"t, ;., Doc. No. 222. 15 the whole under the* command of Colonel Maxwell," &c. He adds, as a rumor^ that " one of the regiments which recently passed through to Canada is ordered back, and that two more regiments are daily expected IVom the West Indies." The honorable Rnfus Mclntire is still detained by the provincial au- thorities at Fredericton. Under these circumstances, 1 cannot but entertain the belief that as many regiments of United States troops as can possibly be spared from other service will be ordered forthwith to our frontier, and that Major Kirby will also receive orders to co-operate with the forces of this State in repelling an invasion of our territory. Without time to add more, I subscribe myself, with assurances of high respect, your excellency's obedient servant, .-,■.: ,-. JOHN FAIRFIELD, " ' His Excellency M. Van IUtren, Governor of Maine. ■ v ; President of the United States. ■ .'. > •' . .. ,one thof kved ;. w 4; rt. ' " Executive Departmevt, *' , Augusta^ February 19, 1839. Sir : i have the honor to acknowledge the receipt of your excellency's letter of the 13ih instant, by express; and avail myself of the return of your messenger, R. English, Esq., to make a reply. You say, " I have just lieard, with the utmost surprise and regret, that, without the courjesi/oi nuy previous intimation whatever to this Govern- ment, an armed force from the State of .Maine has entered the territory, the claim to which is in dispute," &c. In reply, 1 cannot but regret that your excellency should have thought the use of such language suitable to be employed upon this occasion. If I am amenabl(! to a charge want of" courtesy" in any thing I have hereto- fore done, I will endeavor to manifest enough of that accomplishment in this .reply, not to bandy epithfts with one of whom I had formed so high an opinion as of your excellency ; and will only say further, that, while I have the honor to hold the place I now occupy, I trust that a sense of duty to my State and her interests will always predominate over a mere blind regard to the artificial rules of etiquette. I think, however, that your ex- cellency would not have used that terni, if you had considered for a mo- ment that the proceedings of our land agent were in execution of a re- solve of the Legislature of this State, adopted in secret session; and that no notite of these proceedings could have been given without an unqual- ified breach of faith and duty. In speaking of the disputed territory, your excellency says: "the claim? to which is in dispute betwixt Great 13ritain and the United States, and which, it has been agreed betwixt the two General Governments, shall remain in the exclusive possession and jurisdiction of England until that claim shall be determined." Now, sir, 1 cannot hesitate to say that, in my opinion, your excellency is laboring under an entire misapprehension in regard to the facts. No such agreement, I am persuaded, has ever been made between the two Govern- ments. I have looked in vain for it aniong the numerous documents, which have grown out of this question, and have never heard of any rec- ognition of it, verbal or otherwise, on the part of the officers of the Gen- 16 Doc. No. 222. / i eral Government. If, however, such an agreement exists, your excel- lency can undoubtedly point it out. At all events, such an agreement can uever be recognised by this State. A decent self-respect will ever forbit it, if there were no other considerations in the way. Your excellency entreats me immediately to recall the force now upon the territory ; and then adds, " It is proper that I should acquaint your excellency that I have directed a strong force of her Majesty's troops to be in readiness to support her Majesty's authority, and to protect her Majesty's subjects in the disputed territory,' in the event of this request not being immediately complied with." In reply, I have to say that the territory bordering upon the Aroostook river has always been, as I regard the facts, in the possession and under the jurisdiction of Massachusetts and Maine ; that more than thirty years ago, Massachusetts surveyed and granted large tracts of it, which have ever since been, in some way, possessed by the grantees, and those claiming under them ; that the rest of it was surveyed by, and some of it divided between Massachusetts and Maine, soon after the latter becams an independent State ; that both, States have long been in the habit of granting permits to cut timber there without being molested from any quarter ; that many persons have purchased these lands of Maine, and entered into their actual occupation, and that in varioirs other ways Maine has exercised a jurisdiction which may fairly be regarded as ex- clusive ovei: this territory. Under these circumstances information waA received that a body of armed men had gone into this territory, and were cutting vast quantities of the timber, defying the power of this State to prevent them. On these facts being communicated to the Legislature, the two branches immediately directed the land agent to take with him a sufficient force to arrest these depredators and to break up their enter- prise. The party of the land agent is now in the territory, engaged in executing the trust with which it was charged, and, with my consent, will never leave it while the protection of the property of the State from plunderers renders it necessary for them to remain. If your excellency chooses to send an arrhed force to attempt their I^Scpulsion, I can only say that this State will endeavor to meet such an attempt as it will deserve. I have no threats to make, no boastings to indulge. If Maine does her duty, as I trust in God she will, nothing that I could say in advance would add to the glory of her career. If she proves recreant to her duty, and tamely submits to be expelled from her territory by a force that she could successfully resist, nothing that I can say would tend to diminish the measure of her ignominy and disgrace. I have the honor to be, with high respect, your excellency's ob'edient jservant, JOHN FAIRFIELD, Governor of Maine. His Excellency John Harvey, ,. . • Lieutenant Govjernor of New Brunswick. '. ' -^ w'l STATE OF MAINE. - '^^ ' Besolve for the protection of the public /ands. Resolved, That the honor and interest of this State demand that a suffi- cient mihtary force be forthwith stationed on the Aroostook river, west of the boundary-line of the State, as established by the treaty of 1783 ; and Doc. No. 222. 17 ir exceU ^reement -vill ever ow upon lint your troops to otect her I request roostook id under rty years ich have nd those some of r becanitt habit of rom any line, and ler ways 3d as ex- tion waft md were State to ?islature, th him (I ir enter- 2[aged In consent, ate from tcellency only say deserve, does her :e would uty, and he could nish the Db'edient lainc. on the river St. John, if found practicable, at such points as may be best adapted to the object, to prevent further depredations on the public lands, and to protect and preserve the timber and other lumber already cut there by trespassers, and to prevent its removal without the limits of the State. Resolved, That the sum of eight hundred thousand dollars be, and hereby is, appropriated for the purpose of enabling the Executive to carry out the purposes of the foregoing resolve, and the resolve passed January S4, 1839 ; and that the Governor be, and hereby is, authorized, with the advice of Council, to draw his warrant for the same, from time to time, as it may be needed for that purpose. House OF Representatives, » V • ■ - /VArwary 18, 1839. This resolve having had two several readings, passed to be engrossed. Sent up for concurrence. ; ' CHARLES WATERHOUSE, C/erA. ; , . In Senate, February 19, 1839. This resolve having had two several readings, passed to be engrossed, in concurrence. WILLIAM TRAFTON, ^fecrf/ary. A true copy. ■». .1 Attest : WILLIAM TRAFTON, Secretary of the Senate. : a suffi- west of 83 ; and • Department OF State, '■ ' Washington, February 26, 1839. Sir: In acknowledging, by direction of the President, your communi- cations to him of the 18th and 19th instant, on the subject of recent oc- currences in the disputed territory, and the proceedings of the authorities of Maine and New Brunswick growing out of them, I have the honor to Communicate to your excellency copies of a message this day transmitted by the President to Congress, and of a note from the British minister, with iny answer. From the last-mentioned paper, it will be perceived that the President entirely concurs with your excellency in denying the existence of any such agreement between the United States and Great Britain as that appealed to on behalf of the latter, and supposed to give her, pending the bound- ary question, exclusive jurisdiction over the territory in dispute. It is hoped that, in consequence of the representations upon this head, convey- ed through my note to Mr. Fox, to the authorities of New Brunswick, any farther advance of British troops towards or into the territory will be suspended ; that this will be the signal for the cessation of all military ar- ray and movements on both sides of the line, and for the simultaneous re- lease of the agents of the respective parties now in custody ; and that the renewed efforts now making to effect an amicable adjustment of the prin- cipal difference will, at an early day, be successful. If, unfortunately, the President should be disappointed in this expect- ation, your excellency may rest assured of the disposition and readiness of the Executive branch of the Government of the United States to per- form such further duties as may be imposed upon him by circumstances. ■ i-'x 'I*'' -■ ',r n • I'-fT" ■:--■>.""" ''-w; f r- ---- 'VT.'' '* J 5-«'75^""V ^^l**::' 18f Boc. Xb. SS3. If t Looking, in the mean time, to a satisfactory termination of present dif- ficulties, the President instructs me to suggest to your excellency the ex- pediency of a mutual understanding between the authorities of Maine and those ol New Bruiiswiclc, for the prevention of further depredations upon the territory in dispute. Such an understanding, dictated by a proper spirit of forbearance, and the mutual desire for the preservation of peace which is supposed to prevail on both sides of the line, might, it is believ- ed, bo easily effected, with an express reservation that it should not be so construed as to impair the right of the parties, whether to the actual propri- ~ etary title or the temporary jurisdiction of either over the disputed territo- ry, or any portion of it. No objection is perceived to this course. Should the Governor of New Brunswick be disposed to acquiesce, it may be, as to its duration, until the decision of the British Government in the matter can be obtained ; and if, for reasons which cannot be apprehended, an ar- rangement of tlie character referred to should prove impracticable with the local authorities, the President, on being informed thereof, will use endeavors to make such an arrangement with the Government of Great Britain. It would be lamentable, indeed, and present a singular specta- cle, if, while the parties to whom it belongs to adjust the main point in controversy are engaged in discussions, with a snicere desire to bring them to a satisfactory result, the peace of the country, and the real and best interests of the people more directly concerned, were to be involved by disagreements between the local authorities upon points of secondary hnportance,and susceptible, as it is believed, of being easily reconciled. It would produce consequences which the nation at largo could not but de- plore, and which, the President believes, the Government and people of Maine are as anxious as he is to use every eflbrt to avert. I have the honor to be, sir, vour obedient servant, ..n: ...... - '^ ^' JOHN FORSYTH. His Excellency .ToHX Fairfield, ' ... Governor of Maine, ,di( gust a. ' ' ■''\ •' , ' ' '■ ' '* •;>.• Mr. Fox to Mr. Forsyth. ;,,.,:-•; '>!*' ■■ ■ - ,^ , ' WAsm^GToy, Ft'b)'uar7/ 23, 1339. Sir : T have this day received a despatch from Major General Sir John Harvey, Lieutenant Governor of the province of New Brunswick, con- taining the enclosed proclamation, issued by his excellency on the 13th inst. and conveying to me the information of an unjustifiable incursion into a part of the disputed territory, situated on the Aroostook river, by an armed body of militia from the State of Maine, acting to all appearance under the authority of the Government of the State. The professed object of this incursion is stated to be to capture or drive away a party of i)ersons who are alleged to be trespassing and cutting timber on lands in the neighborhood of the Aroostook river. But it is well known that all that part of the disputed territory is pla- ced under the exchisi'. c jurisdiction of her Majesty's authority ; and that it is bound to remain so by explicit agreement between the Government of Great Britain and th.e United States, until the final .settlement of the quetion of the Northeastern boundary. Her Majesty's officers, therefore, cannot permit any act of authority, Doc. No. 222. 19 i i '■ s 'I ■**■ aucu as is now attempted by the State of Maine, to be exercised within the territory in question ; and it w.ill become the bounden duty of the Lieutenant Governor of New Brunswick to resist the attempt, and to ex- pel by force the militia of Maine if the present incursion be persisted in. Under these circumstances I invoke the mmiediate attention of the Gen- eral Government of the United States to prevent the threatened collision, by causing the authorities of Maine to withdraw voluntarily their militia force, and to desist, in obedience to the agreement subsisting between the two nations, from their present unwarrantable proceeding. I avail myself of this occasion to renew to you the assurance of my high respect and consideration. , <^ ' H. S. FOX. ^ '■;.'• tit*. Mr. Forsyth to Mr. Fox. '-♦; Department OF State, IFashhigton, Febrxiary 25, 1839. Sir: Your letter of the 23d instant, calling upon the General Govern- ment to interfere to prevent a collision between the Governments of New Brunswick and the State of Maine, which you apprehend will be the con- sequence of a recent attempt made by the State authorities to expel tres- passers upon the public lands in the territory in dispute between the Gov- ernments of the United States and her Britannic Majesty, has be«.n laid before the President, who, after a careful examination of its contents, has instructed me to reply that your own note and the proclamation of Sir John Harvey, the Lieutenant Governor of New Brunswick, which was sent with it, have been both prepared under erroneous impressions as to the facts of the transaction to which they relate. Communications from the Government of Maine enable me to state to you that the recent move- ment in the disputed territory was founded upon a resolution of the Legis- lature, a copy of which is herewith enclosed. You will perceive that no military occupation of the territory was contemplated, the sole object hav- ing been to remove trespassers who, in violation of the right of property, to whomsoever it may belong, and the declared intentions of both Gov- ernments, were gradually and hourly diminishing its value. From the authority given to the agents of the State of Maine, an^^ from information of an undoubted authenticity, it is known that the persons engaged in this affair, although armed, from an apprehension of resistance from the large body of armed lawless aggressors on the public domain, were not detailed /from the militia of the State for that purpose, but were employed by the land agent of Maine and one of her sheriffs, who were to direct and con- trol all their movements. Had the sole and avowed object been accom- plished, the party would have immediately withdrawn, leaving the terri- tory, m all other respects, in the condition in which it was found by them. This termination of the enterprise has been thus far suspended by the un- expected seizure and detention of the land agent of Maine, who was ar- rested by the trespassers when in the act of putting himself in communi- cation with the agent of the Government of New Brunswick, appointed by that Governraeut to watch the trespassers he had himself been directed to arrest or drive off. Her JMajesty's Government cannot be surprised, however, much as it mayregnt, with the President, that Maine has w Doc. No. 222. thoughl herself compelled to adopt some decisive movement on the sub- ject, when it is recollected that, as long ago us the year 1S29, Mr. Clay, then the Secretary of State, apprized the British minister, Sir Charles R. Vaughan, on the occurrence of similar, but less extensive violations of the property in question, alleged to have been authorized by the Colonial Government, that, if such trespasses were autiiorized or countenanced on the disputed territory, it was not to be expected tlint the State of Maine would abstain from the adoption of preventive measures. It is true that,, in the present instance, the trespassers were not believed to have been either countenanced or authorized by lier Majesty's Colonial Govern- ment, but that circiunstance would, itsell", lead to some surprise at the ex- citement produced by an act eipially required by the interests of both na- tions. Sir John Harvey has, indeed, subsequently taken measures which prove his own conviction of the necessity of int rference on the part of one or both Governments to arrest a systematized })lundering of the pjiblic domain. The President hopes, therefore, that, as you will perceive that there was no military occupation attempted ; that the object in view was perfectly lawful, the necessity of it being acknowledged by the act of Sir John Harvey ; that, as soon as the purpose is accomplished, the agent and his assistants will, as heretofore on like occasions, be withdrawn, that yoU' will not find it ditficult to satisfy her Majesty's colonial authorities that there can be no occasion for collision with Maine, growing out of the re- newed exercise, on her part, of an oft-asserted right due to herself, and useful, in this instance, to her Majesty's Government, whatever may be the result of the pending negotiation, especially on the supposition that the territory in question should be hereafter found to belong to the British, provinces. In that event, the President persuades himself, from the known disposition and long-tried forbearance of the State authorities, that he will find it easy to prevent any military array on the territory on the part of Maine, or procure the voluntary disbandment of any militia that may have been brought together from the apprehension of a collision with the Colonial Government. The propriety of the prompt release, on ea'^hside, of the agents of the State and Colonial Governments, who have been ar- rested, as the President believes, under a mutual misapprehension, is so obvious, that he takes it for granted they will be respectively set at lib- erty, if that has not been already done. It would give me pleasure to be able to conclude this communication without further remark ; but there is another error in your letter, of so grave a character, that, to avoid all possibility of a misapprehensicrn, the President has made it incumbent upon me to call it to your especial no- tice. It is the assertion that "it is well known that all that part of the disputed territory is placed under the exclusive jurisdiction of her Majes- ty's authority; and that it is bound to remain so, by explicit agreement between the Governments of Great Britain and the United States, until the final settlement of the question of the Northeastern boundary." That Great Britain has sought, on several occasions, to prove argumentatively that the exclusive jurisdiction vested with her until the final settlement of the question, I shall not controvert ; but the question of title, and of the right of jurisdiction as consequent thereon, or as resulting from the previ- ous exercise thereof, has been a subject of continued controversy between the two Governments, in respect to which neither has released or waived its claims. So far from any relinquishment of right of jurisdiction having beeft '»! ( ( t t t 1 \ € lioc. No. 222. ii revi- veen ed its been %::■ made, or any agreement, either express or implied, entered into on the partof the Government of the United States, of the nature alleged by the Lieutenant Governor of New Brunswick, and ntfirmed also in your note of the 23d instant, it will appear from the whole course of the corre- spondence betweiMi the two (Jovernments. extending through a series of years, that that of the United States has throughout, and on frequent oc- casions, solemnly protested as w(;ll against the existence of the right to the exclusive possession and jurisdiction as to the exercise thereof; and has upon every proper occasion asserted that both belonged to Maine and to the United States. The assertion now made, therefore, appears to the President to be so extraordinary, that I am instructrd to ask from you a full explanation of the ground upon which it is placed, as the President owes it in duty to the (Jeneral and State Governments, that the error may be traced to its source, and that the two Governments may know distinct- ly, and without delay, the true extent of their understanding on this point, that no unfortunate or fatal conse([uenoes shall spring from any miscon- ception on either side in respect to it. In the present state of the intercourse between Great Britain and the American continent, and the rapidity with which her Majesty's Government can be consulted on all questions arising with this Government, or in her Majesty's possessions, the President be- lieves that this state of the question should, of itself, furnish an amply sufficient reason to prevent any hasty action on the part of the Colonial Government, which may lead to results fatal to the good understanding, and eminently hurtful to the prosperity of the two countries. I cannot take leave of this subject without adverting to the delay of her Majesty's Government «in making some decisive proposition to ad- vance the final settlement of the question of boundary ; thus exposing the two Governments, as the present condition of things on the frontier too clearly shows, to consequences which neither can look to without pain, and full of mortification to that one to whom any umiecessary procrasti- nation may be justly attributable. I avail myself of the occasion to offer you assurances of the high respect and consideration with which I have the honor to be your obe- .dient servant. JOHN FORSYTH. Mr. Fox to Mr. Forsyth. , _^ ^ j Washington, February 25, 1839^ Sir : I have the honor to acknowledge the receipt of your letter of this day's date, written in reply to a communication which I addressed to you on the 23d instant, upon the subject of the dispute that has arisen between the Goverpments of New Brunswick and Maine. With reference to that portion of your letter which treats of the ques- tion of actual jurisdiction, pending the negotiation for the settlement of the disputed boundary, I deeply regret to find that the Government of the United States is now placed directly at variance with the Government of her Majesty in its understanding of that question. I shall lose no time in transmitting your letter to her Majesty's Gov- ernment, in order that I may be able to convey to you, if necessary, a full knowledge of the views and intentions of Great Britain upon this pp.rt of the subject. I confine myself, for the present, to protesting, in the most wrw.(^yi ■V * IR ' (I 92 I)oc. No. 222. formal mpnner, against the views set forth in that part of your letter to which I am rei'urring. I adopt this eunrsu in preiertuce to entering at once into u detailed discussion of the niultcr, because, in ihe first place, I »hall best be able to do so after a direct conmunicalion with my Oovcrn- ment; and, in the second pUue, because I entertuin the hope that an early settlement of the general question of the disputed boundary may render this subordinate point of ditference of little moniont. I avail myself of this occasion to renew to you tlie assuraiice of M.y high respect and consideration. / H. S. FOX. , , Hon. John Forsyth, <5'C. • , . .t v •' < ""i /UAVi rr MESSAGE OF THE COVERiNOll TO THE r,ECJIsr,ATrHE. " ' " To the House of Representatives : .''•?'<.. ' Under the order of the House of Representatives of the 19th instant, I herewith lay before you certain correspondence since had with the Lieu- tenant Governor of New Brunswick, and the correspondence between George P'red. Street, Esq., Solicitor General for the province of N w Brunswick, and Charles Jarvis, Esq., provisional land agent of this State. .,, The reply of Mr. Jarvis to the inadmissible and preposterous claims and pretensions of her Majesty's Solicitor General for the province of New Brunswick, must, I think, command the unqualified approbation of every one having a just regard ibr the honor of his State. It is in the true spirit. And I have every reason to believe that the same spirit animates the whole body of our citizens. While it previflls, though success will be de- served, defeat can bring no disgrace. You will see by the accornpanyin;; papers, and I take great pleasure in communicating the fact, that Mr. Mclntiie and his assistant have been released. It was, however, upon their parole of honor to return when there- to required by the Government of tliat province. Inmiediately upon the rcceiptof this information, I advised the release of James Maclauchlan, Esq., provincial land agent, and his assistant, upon the same terms. Since my last communication the land agent's forces at the Aroostook have b(."n reinforced by about 600 good and efiective men, making the whole tLice now about 750. I have a letter from Mr. Jarvis, dated the 19tli, before the reinforce- ment had arrived, and when his company consisted of ' 'y ;'hcnt 100 men. He says he "found the men i.j good spirits, anH *i, it tinj^ had been active in making temporary, but most effectual, deft 'ic;^ ," &c. Alter describing his defences, he says : '"By to-morrow noon a force of 100 men would make good our position against 500. Retreating, there- fore, i. ovt of ihe question; we shall make good our stand tigainst any force that we t.'^.n reasonably expect would be brought against us." He says, further : '' i"- ! m the third division has been made with great despatch. The troops, I understand, arrived promptly at the place of rendez\«ous at the time appointed, in good spirits, and anxious for the orders to march to the frontier. The detachment from the second division^ I I Dor. No. 222; I 23 cttcr to iiiiig at place, I Llovern- tliat an iiy may e of n.y FOX. will bo ordered to march nt the earliest CDnveuiciit day; probably on Monday next. Othor niilila v inov^ineiits will be tuude, which it is uu- nocessary to comitiuiiiciue to s ;«u at this time. The mission ol' Colonel lioi^ers lo tht* Lieiitonunt Governor ol" New Brunswick has resulted succt '"Uy, m» in s leluies to the reclaim »») the land agent and his assistant, and has be n conducted in a manner highly satisfactory. a K)HN FAIHFIELD. Couycih CnAMaun, February/ 2\, \S39, - ..f y' t " Sir John H sup- / port the civil authorities in apprehenditig all persons claiming to exercise jurisdiction within it. 2d. Th it it is my duty to require that all persons, subjects of her Ma- jesty, who may have been arrested in the commission of acts of trespass within t?ie disputed territory, be given up to the tribunals of this prov- ince, there to bo proceeded against according to law. 3d. Ti at \\\ the event of the rumor which has just reached me, relative to the arrest, detention, or interruption of Janjes Maclauchlan, Esq., the warden of th? disputed territory, being correct, that that officer be enlarged, and the groundi^ of his detention explained. Mr. Rogers takes charge of this letter, of which a duplicate will be placed in the hands of the honorable Mr. Mclntire, with both of whom I have conversed, and communicated to ', T«jiri ■ ^1 y^-^y 24 Doc. No. 222. theni my views in regard to the actual position in which I shall be plnced, aad the measures which will u ■ forced upon me, if the sovi'ral demands contained in this letter be not complied with; and I have reason to bfllieve that Mr. Mclntire leaves me fully impressed with the anxious desire which I feel to be spared the necessity of acting as the letter of my instructions would both warrant and prescribe. With regard to trespassers upon the lands of the disputed territory, I beg to assure you that the extent to which those trespasses appear to have been carried, as brought to my knowledge by recent occurrences, will lead me to adopt, without any delay, the strongest and njost otfectual measures which may be in my power for putting a stop to imd prevent- ing a recurrence of such trespasses. With high respect, I have the honor to be your excellency's obedient servant, JOHN HAKVEV, Major Generah Lievtenant (lovcrtwr, ^'C. Copy of the parole of honor signed by Mr. Mclntire, ■ ' • ■ ' ■' Fhederickton, (N. B.) February 18, 1839. Whereas the offence wherewith you stand charged has been pronoun- ced by the law officers of this province as one rather agiiinst the law of nations and of treaties than against the municipal laws of this country, and as such must be referred for the decision of her Majesty's Govern- ment, you are hereby required to pledge your parole of honor to present yourselves at Frederickton, in this province of New Brunswick, when- ever such decision shall be communicated or you shall be otherwise re- quired by or on the part of this Government ; and, for this purpose, you shall make known the place or places to which such requisition shall be sent. J. HAHVEY. To the Hon. Rifis McIntire, GtsxAvus G. Ci-shman, Thomas Baktlett, and Ebenezeu Webster, Esquires, I have no hesitation in giving, and hereby do give, the parole of honor above referred to. GovcDior F(urfield\s reply to Sir John Harvey, Sir : I have the honor to acknowledge the receipt of your excellency's communication of the 18th instant, by the hand of Col. .1. P, Htigoi's. To your demand for the discluirge of the persons arrested by the au- thorities of this State lor being engaged in acts of tresspass upon the public lands of this State, I have to say, that the persons niinjed are now in the custody of the law. With that custody 1 have neither llie dispo- sition nor the authority to interfere. In regard to James Maclaughlin, Esq., provuicial land agent, and Mr. Tibbets, his assistant, I have advised that they be released upon the same I Doc. No. 222. 25 »e placed, demands believe iro which ^tructions irritory, I ippear to rices, will offecliial prevent- 0\) edient or, 4'C. terms upon which thf? Hon. Rufus Mclntire and his assistants were re- leased, to wit : upon their /;«ro/e of honor, to return to Bangor whenever they should be thereto required by the executive Government of this State, to answer to any charges that may be brought against them for their acts and proceedings upon what your excellency is pleased to call " the disputed territory." For a reply to the remainder of yonr excellency's communication, I must refer you to my letter of the ISth instant, which you will receive by the hand of R. English, Esq. I have the honor to be, with high respect, your excellency's obedient servant, '*' JOHN FAIRFIELD, Governor of Maine. His Excellency Sir John Harvky, Lieutenant Governor of New Brunswick. , 1839. pronoun- tie law of i country. Govern- t) preseiit k, when- rwise re- ioMo, you shall be • :VEy. Thomas of honor ellency's ei'8. till! au- ipon the uro now ic dispo- !ui(l Mr. ihc same *j- The Solicitor GeneraTs tetter to Mr. Jarvis. At the mouth of the Aroostook, rivek St. John, Province of Neiv Brunstvick, February/ n, 1839. Sir : I am directed by his excellency Major General Sir John Harvey, Lieutenant Governor and commander-in-chief of this province, to express to you his great surprise at tlie very extraordinary occurrence of an armed force, of the description now with yon, having entered upon the disputed territory, so called, and attempted to exercise a jurisdiction there foreign to the British Government ; seizing upon and maltreating British subjects, and retaining many of them prisoners, without having, in the first in- stance, given any notice or made any communication whatever to the Government authorities of this province of such your intentions, or the causes which have led to these acts of aggression. If you are acting under any authority from your own Government, the proceedings are still more unjustifiable, being in direct defiance and breach of the existing treaties between the Central Government of the United States and Eng- land. If you have not any such authority, you and those with you have placed yourselves in a situation to be treated by both Governments as persons rebelling against the laws of either country ; but be that as it may, I am directed by his excellency to give you notice that, unless you immediately remove with the force you have with you from any part of the disputed territory, so called, and discharge all British subjects whom you have taken prisoners, and at once cease attempting to exercise any authority in the said territory not authorized by the British Government, every person of your party that can be found or laid hold of, will be taken by the British authorities in this province, and detained prisoners to an- swer for this offence, as bis excellency is expressly commanded by his sovereign to hold this territory inviolate, and to defend it from any foreign aggression whatever, until the two Governments have determined the question of to whom it shall belong; and to enable him to carry these commands into full effect, a large military force is now assembling at this place, part of which has already arrived and will be shortly completed to any extent that the service may require. In doing this, his excellency is •••',■»,- fWr Doc. No. 222. very desirous to avoid any collission between her Majesty's troops and any of the citizens of the United States that might lead to bloodshed; and if you remove from the territory peaceably and quietly, without further opposition, such collision will be avoided, as, in that case, his excellency will not think it necessary to move the British troops further ; but if you do not, he will, in execution of the commands of the British Government, find it necessary to* take military possession of the territory, in order to defend it from such innovation ; and the consequences must be upon the authority, if any, upon which you act. The three gentlemen who were with you, and were taken prisoners by some of our people, have been forwarded on to Frederickton by the ma- gistrates of the comitry, and will be detained, (as all persons heretofore have been who, on former occasions, were found endeavoring to set up or exercise any foreign jurisdiction or authority in the territory in ques- tion.) They will, however, be well treated, and every necessary atten- tion paid to their comfort ; but I have no doubt they will be detained as prisoners to be disposed of as may hereafter be directed by the British Government. The warden of the disputed territory, Mr. Maclauchlan, went out, I understand, a few days since to explain all this to you, but, he not having returned, we are led to suppose you have still further vio- lated the laws and treaties of the two nations by detaining him, who was a mere messenger of communication, together with Mr. Tibbets, the per- son who was employed to convey him. But as Mr. Maclauchlan was an accredited officer, acknowledged by the American Government as well as the British, and appointed for the very purpose of looking after the ter- ritory, I trust you will, on reflection, see the great impropriety and risk you run, even with your own Government, by detaining him or his attendant, Mr. Tibbets, any longer. I shall await at this place to receive your answer to this. I am, sir, your obedient servant, GEO. FRED. STREET, Solicitor GenetHtl of the Province. Mr. Jarvis'S reply to the Solicitor General of New Brunswick, Confluence of the St. Croix stream, Aroostook river, Township No. 10, State of Maine, February 19, 1839. Sir : Your communication of the 1 7ih instant has been this moment re- ceived. The solicitor general of the provinces must have been misin- formed as to the place where the force under my direction is now located, or he would have been spared the impropriety of addressing such a com- munication to me, a citizen of Maine, one of the North American con- federacy of the United States. It is also to be hoped, for the honor of the British empire, that, when Major General Sir John Harvey, Lieutenant Governor and Commander- in-chief of the province of New Brunswick, is made acquainted with the place where the honorable Rufus Mclntire, land agent of the State of Maine, and the two other gentlemen with him, were forcibly arrested by a lawless mob, that he will direct their immediate discharge and bring the offenders to justice. Doc. No. 222. 2T . The officer to which you alhide, and the person in company with him, were arrested for serving a prpcept on a citizen of Maine. He was sent on immediately to Augusta, the scat of Government, to be dealt with by the authorities of the Stute. Their persons are not, therefore, in my power, and appHcatiou for their discharge must be made to the Govern- ment ,of the State. ] f.jt;; >$,;; ,v ': .m If, however, I have been in error as to your being under a mistake as to tlie place w.here I am now stationed, on land which was run out into townships by the State of Massachusetts, and covered by grants from that State before Maine was separated from Massachusetts, and which has therefore been under the jurisdiction of Maine since she has taken her rank among the independent States of the North American Union, then, as a citizen of Maine in official capacity, I have but one answer to return to the threat conveyed. I am here under the direction of the executive of the State, and must remiiin until otherwise ordered by the only au- thority recognised by me ; and deeply as I should regret a conflict be- tween our respective countries, I shall consider the approach to my station, by an armed force, as an act of hostility, which will be met by me to the best of my ability. I am, sir, your most obedient servant, i. ;. CHARLES JARVIS, , Land ^gent. Extracts from a Report made by E. L. Hamlin, land agent of Maine ^ shotoing the possession and operations of that State on the ,/iroostook territory, dated January 1, 1839. " In the month of April, Ebenezer Webster, Esq., of Orono, was cm- ployed to examine the public lands, situate on the St. John and Aroos- took rivers, and ascertain what trespasses had been committed in that quarter, and report what measures could be adopted to prevent future depredations. It will be seen from his report, accompanying this, that for many years past great depredations have been committed on those rivers. "The method adopted by the provincial authorities to stop trespassing, by seizing the timber after it had been cut, has had but little tendency to stop depredations, and as there has been no road opened, by which our agents could have a communication with this country, the trespassing has gone on, increasing from yeor to year, until nearly all the timber on the banks of these rivers has disappeared. ' " Upon consultation with the land agent of Massachusetts, it was de- termined to expend a portion of the money appropriated for the Aroos- took road, on the upper part, which would not be turnpiked the present season so as to make a good winter road, and to appoint an agent to re- main on the Aroostook river during the winter, and by keeping up a commuuication with this quarter to prevent, if possible, the timber from further depredation. " About the middle of October, information reached this office that persons were trespassing on township number 10, in the 5th range. I immediately left Bangor, in company with George W. Buckmorc, who had received a special deputation, for the purpose of arresting tlxis tres- US Doc. Xo. 222. pass, and putting into operation tho arrangements made between the two land agents. Upon our tirrivnl at township number 10, we found that the trespassers had left, had nHRonded the Great Machias, and were then at work on township number 11, in tho 6th range, belonging to Maine. We found here Benjamin (iaidner, a settler from township letter G, in the 2d range, with a crtw of nIx men, and Lewis Bradley, a settler from the same place, with a crow of flvo men, and a team of six oxen. They had been here about a week, and had made two hundred and fifty tons of timber, including that cut upon township number 10. " Writs of trespass wore served upon these persons, their cattle and supplies attached, and tho wholo expedition broken up, " We here learned that preporntions were making to cut several thou- and tons of timber on Beaver brook, which we ascended abovU five miles, «and found two camps recently built on township number 13, in the 5th range, belonging to Massacluigett(«,but tlie crews had left and gone down river, hearing, most probably, of tho trouble on the Machias. Peter Bull, a settler on township letter 0, had engaged to supply these persons, and to haul their timber. Wo called on him, on our way down, and in- formed him, that an agent would bo employed by Maine and Mas- sachusetts, to remain on the rlvor during the winter, and that his cattle would be taken off if found engaged in any trespass. " He informed us that lio should stop at once, that the wews should not return to number 13, and that liu would not be concerned in any farther depredation. "On township number 12, in the 4th range, belonging to Maine, we found Mr. Mumford, a sotllor, niid two persons, named Churchill and Earskins, from New Jlrunswick, Imilding a camp. Upon representing to these persons that their teams would bo taken off if they persisted, they immediately quit. " About a mile up tho Salmon stream, we found a crew of six men, located for the winter, on township number 13, in the 3d range, belong- ing to Massachusetts. 'J'hoy hiid got in their supplies, and were just beginning to cut timber, having made about one hundred and fifty tons. Their names were Wilder Striittoji,.Tnnics Swetor, David Swetor, Michael Keely, James Coffee, and John Smiley, all from New Brunswick. Wil- liam Pyle. a settler, had agretMJ to haul their timber on shares. A writ of trespass was served upon thoMi persons, their supplies attached, and the depredations stopped. " Near the mouth ,of tho Littio Madawaska, we met Captain Mac- lauchlan, going up the rivor, with a crew of six men. He informed me that he was sent up by the (jovcrnor of New Brunswick to drive off the trespassers, and, if necessnry, to aut up their timber. " I informed him what I hiid done with the trespassers above ; and also informed him of th** dopri'diitions which I understood were about to be committed on the MadawiiNki- and St. John rivers, above the Grand falls. He replied, that he slioid/igent of Maine, *'fi',"{u;' .-vl ■,»■ ' person of your party that can be found or laid hold of will be taken by the British authorities in this province, and detained as prisoners, to answer for this offence : as his excellency is expressly commanded by his sovereign to hold this territory inviolate, and to defend it from any foreign aggression whatever, until the two Governments have determined the question of to whom it shall belong: and to enable him to carry these commands into full eft'ect, a large military force is now assembling ut this place, part of which has already arrived, and will be shortly com- pleted to any extent that the service may require. In doing this, his excellency is very desirous to avoid any collision between her Majesty's troops and any of the citizens of the United States^that might lead to blood- shed ; and if you remove from the territory peaceably and quietly, with- out further opposition, such collision will be avoided ; as, in that case, his Excellency will not think it necessary to move the British troops further; but if you do not, he will, in the execution of the commands of the British Goucrnmcnt, find it necessary to take military possession of the territory, in order to defend it from such innovation ; and the consequences must be Boc. No. 222. 8T T iipon your own lunids, or upon the authoiity, if any, under which you act. The three s;entlenien who were with you, and were taken prison- '•rs by some of our people, have been lorwardi'd on to Frederi<'kton liy th(.' magistrates oi the; roimtry, and will be detained, as all persons herelo- (brc have been, who, on I'ormer occasions, were found endeavoring to set up or exercise any foreign jinisdiction or authority in the territory in r|uesiiou. They will, however, be well treated, and every necessary at- tention paid to tli'ir comfort; but I have no doubt they will be detained as prisoners, to l)e disposed of as may hereafter be directed by the British (jovernment. The warden of the disputed territory, Mr. Maclauchlan, went oul, I understood, a few days since, to explain all this to you ; but lie not liaving returned, we are led to suppose you have still further vio- lated the laws and treaties of the two nations, by detaining him, who was a mere messenger of communication, together with Mr. Tibbets, the per- son who was employed to convey him. But as Mr. Maclauchlan was an accredited officer, acknowledged by the American Government, as well as the Britijsh, and appointed for the very purpose of looking after this territory, 1 trust you will, on reflection, sec the great impropriety and risk you run, even with your own Government, by detaining him or his at- tendant, Mr. Tibbets, any longer. I shall await at this place to receive your answer to this. I aiij, sir, vour most obedient humble servant, GEO. FREDERICK STREET, Soticilor General of the Provinces. To the Okficek commanding the nrmcd force in the disputed territory. Confluence op the St. Croix, Stream xlroostook river, township No. 10, State of Maine, February 19, 1839. Sir; Your communication of the 17th instant has been this nioment received. The solicitor general of the provinces must have been misin- formed as to the place where the force tuider my direction is now located, or he would have been spared the impropriety of addressing such a com- munication to me, a citizen of the State of Maine, one of the North American confederacy of the United States. It is also to be hoped, for the honor of the British empire, that when Major General Sir John Harvey, Lieutenant Governor and commander- in-chief of the province of New Brunswick, is made acquainted with the place where the Hon. Rufus Mclntire, land agent of the State of Maine, und the two other gentlemen with him, were forcibly arrested, by a law- less mob, that he will direct their immediate discharge, and bring the of- fenders to justice. The officer to whom you allude, and the person in company Avith him, were arrested for serving a precept on a citizen of Maine. He was sent on immediately to Augusta, the seat of Government, to be den it with by the authorities of the State. Their persons are not, therefore, i;r my. power; and application for their discharge must be made to the Government of the State. ^ Doc. No. 222. If, however, I have been in error as to your being uudor a niii^lttko as to the place where I am now stationed, on land which was run out intt» townships by the State of Massachusetts, and covered by grantw from that State before Maine was separated from Massachusetts, and which lius, therefore, been under the jurisdiction of Maine since sh« Iuih tukiMi her rank among the independent States of the North American Uni(»n; there- fore, as a citizen of Maine, in official capacity, I have biu one atiMWur to return to the threat conveyed: I am here, under the direction of tlie Ex- ecutive of the State, and must remain until otherwise ordered by the only authority recognised by me ; and deeply as I should regret a cunlliet be- tween our respective countries, 1 shall consider the approach lo my sta- tion, by an armed force, as an act of hostihty, which will be nu't by nw to the best of my ability. I am, sir, your most obedient servant, CHARLES JARVIS, Lund ^'Igcnt. To Geo. Fbed. Street, Esq , Solicilo)' Gen. of jyrovince of N. Britnswick. Frederickton, (N. B.,) February 18, 183D, Whereas the offence wherewith you stand charged has been pronoun- ced, by the law officers of this province, as one rather against fhu law of nations and of treaties, than against the municipal laws of this country, and as such must be referred for the decision of her Majesty'^ Govern- ment; you are hereby required to pledge your jiarole of honor to pre- sent yourselves at Frederickton, in this province of ^e.^^ Brunwiuk, when- ever such decision shall be communicated, or you shall be otherwise required by or on the part of this Government; and for this purpose you shall make known the place or places to which such requisitions shall be sent. J. HAKVEV, Hon. RuFus McIntihe, Gustavus G. Cushmaw, Thomas Bartlett, and Ebenezer Webster. Fehruarv is, 183?. We have no hesisation in giving, and hereby do give, ihu parole of honor above referred to. Witness : W. Earl. To the House of ffepresentalives: Under the order of the House of Representatives of the lOth instant, I herewith lay before you certain correspondence since had with the Lieu- tenant Governor of New Brunswick; and the corrcspondenco between George Frederick Street, Esq., solicitor general for the provinco of New Brunswick, and Charles Jarvis, Esq., provisional land agent of this State, The reply of Mr. Jarvis to th^ inadmissible and prepoHtoriujs claims and pretensions of her Majesty's solicitor general for the provinuu of New Brunswick, must, I think, command the unqualified approbation of every J Doc. No. 222. 39 one having a just regard for the honor of his State. It is in the true spirit. And I have every reason to beHeve that the same spirit animates the whole body of our citizens. While it prevails, though success will be deserved, defeat can bring no disgrace. You will see by the accompanying papers, (and I take great pleasure in communicating tlie fact,) that, Mr. Mclnlire and iiis assistants have been released. It was, however, upon their parole of honor to return when thereto required by the Government of that province. Immediately upon the receipt of this information, I advised the release of James Maclauch- lan, Esf^., provincial land agent, and his assistant, upon the same terms. Since my last communication, the land agent's forces at the Aroostook have been reinforced by about six hundred good and effective men, making the whole force now about seven hundred and fifty. I have a letter from Mr. Jarvis, dated the Utth, before the reinforce- ment had arrived, and when his company consisted of only one hundred men. He says he " I'ound the men in good spirits, and that they had been active in making temporary but most eifectual defences of logs," &c. After describing his defences, he says : •• by to-morrow noon, a force of one hundred men would make good our position against five hundred. Retreating, therefore, is out of the question. We shall make good our stand agaii.st any force that we can reasonably expect would be brought against us." He says further, " I take pleasure in saying to you that a finer-looking set of men I never saw than those now with me, and that the honor of our State, so far as they are concerned, is in safe-keeping." The draught of one thousand men from the third division has been made with great despatch. The troops I understand arrived promptly at the place of rendezvous at the time apjiointed, in good spirits, and anxious for the order to march to the frontier. The detachment from this second division will be ordered to march at the earliest convenient day — probably on Monday next. Other military movements will be made, which it is unnecessary to communicate to you at this time. The mission of Colonel Rogers to the Lieutenant Governor of New Brunswick has resulted successfully, so far as relates to the release' of the land agojit and his assistants, and has been conducted hi a manner hio;hly satisfactory. JOHN FAIRFIELD. CoTTNciL Chambkr, Februur}/ Z\, 1839. Memorandum. tuiit, I Lieu- •tween New State. claims X New ' every Washingtox, Fchruari/ 27, lS3f). Her Majesty's authorities consider it to have been understood and agreed U|)on by the two Governments that the territory in disjuite between Great Britain and the United States, on the Northeastern frontier, ^hould remain exclusively under British jurisdiction until the finnl settiemcnt of the boundary question. The United States Government have not understood the above agree- ment in the same sense ; but consider, on the contrary, that there has been no agreement whatever for the exercise, l)y Great Britain, of exclu- sive jurisdiction over the disputed territory, or any portion thereof; but a mutual understanding that, pending the negotiation, the jurisdiction then 40 Doc. No. 222. exercised, by either party, over small portions of the territory in dispute, should not be enlarged, but be continued merely for the preservation of local tranquillity and the public property ; both forbearing, as far as prac- ticable, to exert any authority; and when any sliould be exercised by cither, placing uj)on the conduct of each other the most favorable con- strnction, A complete understanding upon the question thus placed at issue (of present jurisdiction) can only be arrived at by friendly discussion between the Governments of the United States and Great Britain ; and as it is confidently hoped that there will be an early settlement of the general iiuestion, this subordinate point of ditference can be of but Httle moment. In the mean time the Government of the Province of New Brunswick and the Government of the State of Maine will act as follows: Her Majesty's officers will not seek to expel, by military force, the armed l)arty which has been sent by Maine into the district bordering on the Aroostook river: but the Government of Maine will, voluntarily and without needless delay, withdraw, beyond the ])Ounds of the disputed ter- ritory, any armed forc« now within them; and if future necessity shall arise for dispersing notorious trespassers, or protecting public property from depredatioJi, by armed force, the operation shall be conducted by concert, jointly or separately, according to agreement between the Gov- ernments of Maine and New Brunswick. The civil officers in the service, respectively, of New Brunswick and Maine, who have been taken into custody by the opposite parties, shall 1)6 released. Nothing in this memorandum shall be construed to fortify or to weaken, in any respect whatever, the claim of either party to the ultimate posses- sion of the disputed territory. The minister plenipotentiary of her Britannic Majesty having no spe- cific authority to make any arrangement on this subject, the undersigned can only recommend, as they now earnestly do, to the Governments of New Jirunswick and Maine, to regulate their future proceedings accord- ing to the terms hereinbefore set forth, until the final settlement of the ter- ritorial dispute ; or until the Governments of the United States and Great Britain shall come to some definite conclusion on the subordinate point ui)Oii whicli thev are now at issue. JOITN FORSYTH, Seci'etary of Slaie of the United States of *imcrica. H. S. FOX, Her BrilaK.ili: Majesfifs Envoy Exty^nordinary and Minister Plenipote.ntiary. Doc. No. ti22. 1 [ 7b Ae appended to Document No. 222.] Mr. Fox to Mr. Forsyth. .5.'- \«J Washington, February 25, 1839. Sir: I have the honor to acknowledge the receipt of your letter of this day's date, written in reply to a communication which I addressed to you on the 23d instant, upon the subject of the dispute that has arisen between the Governments of New Brunswick and Maine. With reference to that portion of your letter which treats of the question of actual jurisdiction, pending the negotiation for the settlement of the disputed boundary, I deeply regret to find that tlie Government of the United Slates is now placed directly at variance! with the Government ol her Majesty, in its understanding of that question. I shall lose no time in transmitting your letter to her Majesty's Govern- ment, in order tiiat I may be able to convey to you, if necessary, a full knowledge of the views and intentions of Great Britain upon this part of the subject. I confine myself, for the present, to protesting, in the. most formal manner, against the views set forth in tliat part of your letter to which I am referring. I adopt this course, in preference to entering at once into a detailed discussion of the matter, because, in the first place, I shall best be able to do so after a direct communication with my Govern- ment; and, in the second place, because I entertahi the hope that an early settlement of the general question of the disputed boundary may render this subordinate point of difterence of little moment. ' "" 1 " • I avail myself of this occasion to renew to you the assurance of my high respect and consideration. The Hon. John Forsyth, .. i : 5 »,,.„ Sfc, 8fc., Si-c, H. S. FOX. u*;''V;; •t.>:vf*i - Mr. Cttiy lu AJr. P^augltan.-~( Ejctracl.) ' ' / ' ■ « Dkpaiitment OK '6rx'v^,Jumfary \h, lS2iy. Sir : In consequence of fhy letter Which you did me the honor to ad- dress to me on the I5lh of Novenilwr last, I instituted a correspondence with the Governors of the Stul<*s of Massittchuscttsand Maine, to ascertain on what foundation the reprottcntutioiKs of Sir Jloward Douglas rested. I have received letters front ihouj both ; but I consider it necessary only to transmit to you a copy of that from the Governor of Massachusetts, under date the 6th day of December, 1 835, a copy of mine of the 15th of the same month, (which is the same iu «ubf4tuucc as one I addressed at the same time to the Governo • of Maine,) and a copy of a letter from the Governor of Massachusetts of the 39d day of December. It appears that the irieuMureiy adopted by those two States, to which Sir Howard refers, were altc^other jM'Ocautionary, and occasioned by previous acts of asserted authority over tho dispiUcd territory ; which, if unopposed by countervailing acts, might liuvo been relied on, at some future day, as strengthening the British and w@aUenlng the American claim. The cause having been withdrawn, itn nousoquence will no longer exist ; and you will accordingly observe that 1 have, by direction of the President, in- culcated a spirit of forboaranuo mid moderation on our side, which we hope will be hereafter practised on youra. Both Govermnents should derive, from the existence of those natlital complaints, a new motive for guarding, in future, against their rociurauuc, which can be elfectually done only by a settlement of the (piestion of bound iry, out of which they arise. .'.••t- -n ■ ' Mr, Vtuy to Mr. Vuughun. \- i ■: .\ ,■■.. ■ ; ^ I DEPARTMENT OF State, '' •"''" , IVmhington, January IS, 1827. Sir : I have tfie honor to ncltnowledge the receipt of your note ot tlie Kith instant, stating, upon tJHt r«prc8ontations of Sir Howard Douglas, his Britannic Majesty's Ljeut«umnt Governor of New Brunswick, that the agents and surveyors uf tho Stttles of Maine and Massachusetts are as J3oc. No. 222. 3 proceeding to lay out townships and open roads in the territory which is mutually claimed by the two Governments of the United States and Great Britain, bordering on that province, and requesting the interposition of the Government of the United States to induce the States of Massachu- setts and Maine to abstain from measures which would amount to a prem- ature exercise of authority iji the disputed territory. No information has reached this Department of the acts complained of by Sir Howard Douglas, other than that which is contained in your note. But, as the President's views and wishes remain the same as were com- municated to you in the correspondence to which you refer, I shall lose no time, by his directions, in transmitting copies of your note to the Gov- ernors of the States of Massachusetts and Maine, and requesting them, respectively, to continue, until the question is settled, to practise that system of forbearance and moderation which it appears to tlie President to bo expedient for both Governments to observe. I pray yon to arcept the assin'aiice of my distinguished consideration. H. CLW. Rt. Hon. C. R. Vattghan, K. E. am) M. P. from G. B. ' ' Mr. I^anghan to Mr. Clay. WASHINGTON>t/7/ IG, 1897. Sir : About the latter end of the year 1825,and about the beginning of the last year, a correspondence took place between us relative toencroacli- ments of persons calling themselves agents from the States of Maine and Massachusetts, in the territory in dispute betweon his Majesty's Govern- ment and that of the United States, in consequence of the imsettlod state of the northeastern line of boundary under the treaty of Ghent. The representation which I had then the honor to make was promptly answered by the Government of th<; United States. An inquiry into the circumstances of the encroachments complained of took place, and a spirit of forbearance and moderation was inculcated, by the directions of the President, which induced me to liope that I should not have occasion to recur again to a representation of a similar nature. I have received, however, a letter from Sir Howard Douglas, his Ma- jesty's Liouttiuaut Governor of New Bru'iswick, acquainting me with some further proceedings of persons calling themselves land agents and surveyors, acting under the autluirity of the Governments of the States of Maine and Massachusetts* in surveying and laying out townships in \\w. disputed territory in question. The particular acts which have excited uneasiness in the Government of Now Brunswick, are the laying out of land into townships, and mark- ing out roads, within a territory the assignment of which is not yet made to either of the parties to the treaty of (jhent. My former representation was met by you in so conciliatory a spirit, that I am encouraged to hope thai the intervention of tire Government of the United States will be eiiectually exerted to induce the Govornmentfi of the States of Maine and Massachusetts to abstain from measures which can be construed into a prcnature exercise of authority in a disputed ter- ritory, and which may lead to collision of a most disagreeable nature be- tween the settlers in that territory. i • t ' 4 Doc. No. 222. I think it advisable to make you acquainted, without delay, with the com* plaini which I have received from the Lieutenant Governor of New Bruns- wick, whonth I beg leave to assure you, cautiously abstains, on his part, from exercismg any authority in the disputed territory which could invite an encroachment as a measure of retaliation. I have the honor to request that you will accept the assurances of my distinguished consideration. , ■■--. CHARLES R. VAUGHAN. . The Hon. Henrv Clay, ^'o. :^ ■V.-.7. !<;,. ■ i.r Mr, Clay to Mr. Vaughan. ■ '^■'. ,'-,». ,j. . [^ „ ^ ■ . ,.1 . •■ . ' ' -! Department OF State, Washington, September 14, 1897. Sir : I have the honor to transmit to you, herewith, an extract from a letter, under date the 3d instant, addressed by his excellency Enoch Lin- coln, Governor Of the State of Maine, to me, to which I invite your par- ticular attention. It is alleged in that extract that, under the authority of the Government of New Brunswick, measures have been adopted, and acts performed, within the territory respectively claimed by the United States and Great Britain, inconsistent with that mutual forbearance which it has been understood, in the correspondence on this subject which has passed between us, would be inculcated and practised on both sides. Assuming the statements of Governor Lincoln to be correct, as I presinne they are, a confident reliance is placed in the Government of his Britannic Majesty to cause an immediate correction of the irregular proceedings of which complaint is made. I request you to accept assurances of my high consideration. H. CLAY. Rt. Hon. C. R. Vatighan, E. R. and M. P. from G. B. * Mr. faughan to Mr. Clay. — (Extract.) Washington, September 17, 1S27. No attempt has ever been made to form new settlements, and the Lieu- tenant Governor has abstained from exercising any authority over the imoccupieJ parts of the disputed territory, excepting for the purpose of preserving it in its present state. In proof of the friendly disposition which animates him, the undersigned has the honor to enclose a copy of a letter which Sir Howard Douglas addressed in the month of March last to the magistrates residing in the neighborhood of the disputed territory, and a copy of a letter dated the 13th of April, in which his excellency in- forms the undersigned that he had directed the attorney general of Now Brunswick to prosecute some British subjects who had cut down timber upon the St. John's river. ' u , ,. , , .v , n^ 1 i i ».• -li-vt tt'\.y Doc. No. 222. [enclosure.] Copi/ of a circular to the magistrates in the upper part of the county of York, respecting the disputed territory. '■^■1 /<;. Secretary's Office, Frederickton, March 9, 1887. Sir : Satisfactory assurances having been conveyed to his Majesty^ Government of the earnest wish of the Government of the United States to reciprocate the conciliatory disposition shown in regard to the disputed "territory at the upper part of the river St. .lohn, it is most desirable, until the question relating thereto shall be finally settled, that no new setJie- ments shall be made, or any timber or other trees felled, in the wildernesH part of that territory, nor any act done which may change (he state of tlia question as it existed when the treaty of Ghent was executed. I am therefore commanded by his excellency the Lieutenant Governor to desire that you will be vigilant, and use your utmost diligence to dis- cover any attempt which may be made by any of his Majesty's subjects to intrude upon that territory with a view to make settlements or to pro- cure timber ; and to make immediate representation thereof to his Ma- jesty's attorney general, that legal steps may be taken to punish such in- truders and trespassers; and should you discover similar attenipts to bn made by any other person, whether unauthorized or appearing to act under color of authority, that you will use your best endeavors to ascer- tain the names of such persons, and report the same to me, with affidavitR to BBtablish the facts, for his excellency's consideration. I have, &c., ^ ' '■' '' W. F. ODELL. Mr. day to Mr. Vcughun. — (Extract.) Department op State, September J^, 1897. In the mean time, the undersigned owes it in candor to admit that tho letters of Sir Howard Douglas, of which copies accompany Mr. Vaugimn'8 note, manifest a just solicitude, ou the part of that officer, to prevent and punish any acts on the disputed territory which might lead to the inter- ruption of a good understanding between the two countries in relation to that subject. Mr. Clay to Mr. Fa^ighan. — (Extract.) ■ > .' March 17, 1888, Whilst the experiment is making for this peaceful settlement of the question, ought either of the parties to assume the exercise of sovereignty or jurisdiction within the contested territory ? If he does, can he expecjl the other party to acquiesce in it, or to look on with indifference ? It was a mutual conviction of the irritating consequence which would ensue from the exercise of a separate jurisdiction by either of the parties," that led to the understanding which has so long prevailed between them, to abstain from all acts of exclusive jurisdiction which might have a tendency to produce inquietude. In conformity with that understanding, licensea to cut timber from the disputed territory, granted by the provincial authority, 6 Doc. No. 222. had been revoked, and tlie praclico of cutting and removing the timber has been nnderstood by the Government of the United States to have been discontinued. It follows, from the view now i)resented, that the undersigned cannot subscribe to the opinion that the jurisdiction of the British Government, through its provincial authority, over the disputed territory, lias continued with Great Britain, notwithstanding the treaty of 1783. To maintain that opinion, Mr. Vaughan must make out either, first, that the terms of the treaty do exclude, altogether, the disputed territory ; or that, if they include it, actual possession of the disputed territory was with Great Brit- ain in 178:3. Neither proposition can be established. ,; Mr. Lawrence to Lord Dudley. — (Extracts.) London, M/y .'j, 1828. #., .' * ' , -, * , * * ' ■'. * ■» The motives which have led to these demands may be sufficiently in- ferred from a consideration of the occurrences already cited. In declaring, through the undersigned, that it cannot consent to the exercise of any separate British jurisdiction, within any part of the Slate of Maine, as it understands the limits of that State to be defined by the treaty of 1783, prior to the decision of the question of title, the Government of the United States is only protesting against unjustifiable encroachments on its sov- ereignty, and asking from Great Britain what it is, on its side, willing to accord — that forbearance which the present state of the coiUroversy most strongly inculcates, * * " * ■ The undersigned also regards as inadmissible all attempts to defend the exercise of Britisli authority, in the territory referred to, during the time which may intervene before the decision of the arbiter is made, by assert- ing a title derived from possession. Considering the grounds on which the claims of the United States are founded, it is not perceived how argu- ments drawn either from first occupancy or immemorial possession can he made to bear on the final determination of the principal subject in discus- sion between the two countries, or how they can affect the question of temporary jurisdiction. Before the independence of the United Stales, not only the territory in dispute, but the whole of the adjoining province and State was the property of a common sovereign. At the time of the division of the empire, the United States and Great Britain defined, in express terjns, their respective territorial limits; and it will not, it is pre- sumed, be asserted that, on concluding the treaty of 1783, the jiuisidiciion of the one party over the country allotted to it was less complete than that which was granted to the other over its territory. * ** - * At all events, the Government of the United States cannot consent to the exercise of any exclusive British authority within the contested terri- tory, founded on the plea of necessity ; and; as many of the settlers are intruders on the soil, they can have no right to complain of any disorders among themselves, resulting from their own unauthorized acts of intru- sion. * * * ■ * * * * I then proceeded to say that I hard thought proper to show that, even on the principle assumed by this Govenmient, its claim of exclusive juris- diction was untenable; l)nt that I totally denied that we held any portion ' I Doc. No. 'Z'iZ. 7 ui tli(3 teriilory ciubniccd williiii tlic original States .'is a '-^/v/zt/" or "cei'- Miofi" from a ibreiuiM Power, in the sense which liad been altfibutcd to those terms. Mi: Clatj to Mi\ t^uu,^htiii.~( E.rtracl.) Dki'Artment of State, ' lVa.shinglon,J(inu(try\),\9>2Q. Sir : I have this day received a letter from the (lovernor of the State of Massachusetts, transniitting an extract from a letter addressed by George W. Colfm, Esq., hind agent of Massachusetts, to liis excellency, a copy of which is herewith communicated, and to which I request your immediate and particular atlentioii. It appears from this document that *' mills arc now erecting on the grant formerly made to General Eaton, on the Aroostook river, for the avowed purpose of getting their supply of limber from our forests;" that the pro- prietor of thtisc mills suys "lie has assurances from the authorities of New Brunswick tiuil he may cut timbw without hindrance from them, provided he will cngagp. to pay them for it if they succeed in obtaining their right to the territory ;" that mills are also erected at Fish river, and, to supply them, iTio growth in that section is fast diminishhig ; and that the inhabit- ants on St. John's river obtain from tire province of New Brunswick per- mits to cut on the Crown lands. But it is evident that many having such permits do not confine themselves to Crown lands ; for, in my travels across the interior country, logging roads, and the chips where timber had been lie wn, weie seen in every direction ; also many stumps of trees ncAvly cut." I need scarcely remark, that the proceedings thus described are in opposition to the Understanding which has existed between the Govern- ments of the United States and Great Britain, that, during the pendency of the arbitration which is to settle the question of boundary, neither party shovild exercise any jurisdiction, or perform any act on the disputed ter- ritory to strengthen his own claims, or to all'ect the stale of the property in issue. The Governor of Massachusetts observes, in his letter to me, that, " in relation to the lands on Fish river, it must be recollected that the survey of a road by the joitit commissioners of Massachusetts and Maine, a short time since, was made matter of complaint by the British minister resident at Washington, on the express ground that the territory was within the scope of the dispute. From courtesy to his Government, and a resj)ectful regard to a suggestion from the Department of State, the making of the road was suspended." The Governor justly concludes, " but it will be an ill requital for this voluntary forbearance on our part, if the land is to be plundered of its timber, and the value of the property destroyed before it shall be determined that it does not belong to us." even Mr. Uumiilun, acting Secrelat^j of Stale, tu Mr. yattghau.-^{Ejclract.) Dkpartment of State, IVashington, March 11, 1829. Sir : I liave received and laid before the President of the United States the note, with its enclosures, which you did me the honor to write to me 8 lioc. No. 222. oil the 7ih of tliis inoutli, in answer to a lepioscutatioii wliicli was made to you by Mr. Clay, on the : ^ The undersigned cannot acquiesce in the supposition that, because the agent of his Britannic Majesty thought proper, in the proceedings before the commissioners, to lay claim lo all that portion of tliu State of Maine which lies north of a line running westerly from Mars Hill, and designated as the limit or boundary of the British claim, thereby the United States, or the State of Maine, ceased to have jurisdiction in the territory thus claim- ed. In 'he view of this Government, his Britannic Majesty's agent miglit, with equal justice, have extended his claim to any other undisputed parttjf the State, a;{ to claim (he portion of it which he bus drawn in question; and, in such case, the Lieutenant Governor of New Brunswick could sure- ly not have considered a continuance on the part of the United States and of the State of Maine to exercise their accustomed jurisdiction and author- ity to be an encroachment. If so, in what light are we to regard the con- tinued acts of jurisdiction now exercised by him in the Madawaska settle- ment? More than twenty years ago, large tracts of land lying westward of Mtu's Hill, and northward on the river Restook, were granted by the State of Massachusetts, which tracts are held and possessed under those grants to this day, and the United States and the States of Massachusetts and Maine, in succession, have )iever ceased to exercise that jurisdiction which the unsettled condition of the country in that n^gion, and other cir- cumstances, admitted and required. Mr. Stevenson to Lord Pohner.ston. — (Extract.) • London, ./fi/^j/5/ 10, 1S37. The undersigned, moreover, does not presume that pending the negotia- tion, and whilst eftbrts are making for the peaceable and final adjustment of these delicate and exciting questions, her Majesty's Government can claim the right of exclusive jurisdiction and sovereignty over the disputed territory, or the persons residing within its limits. In such a claim of power on the part of Great Britain, or its provincial authorities, the undersigned 10 Doc. N»». 'i^2. neod not vopeat to Lou! Piilinorslou, (wliul lie is already ftilly appiizcd of,) tho GoveinmtMit ol ilie Tuiiod States ran iiovf-T consent to ac([uiesc(', in tlu! «^vistini^ stale ot'ilic coiilrovcrsy. On the contrary, the niutnal un- ilcrslanding whicli exists between the two (jovtjrninents on tlic snbject, and th(! moderation which both (iovernnients have heielotbre mani- fested, forbid the cxtMcise by either of such liigh nets of sovereign power as that whi(!h has been exerted in tlie present case by the auihorilie'? of her Majesty's provincial Government. Mr. Stcvoisnn to Lurtt Palmej'.sltnt. — (Extrdtt.i London, Aurember S, 18:{7. By what anthority, then, the provincial Government of New liruns- wick felt itself justified in exercising such acts of sovereign power, the undersigned is at a loss to conceive — iniless, indeed, upon tlie ground that the jurisdiction and sovereignty over the disputed territory, pending the controversy, rest exclusively with Great Britain. If such should turn out to bo the fact, it can hardly be necessary again to repeat the assuran- ces which liave been heretofore given, that, in any such claim of power, the Goveriutient of the United States cainjot acquiesce.