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Les diagrammes suivants illustrent la mAthode. 1 2 3 1 2 3 4 5 6 ^«wpp 9% ■III! m\ NINETEENTH LEGISLITUKE. ■ , J I .1 I I .„ I 1,1 J I ij I ■ III ■ ■. ■■ -^ — wma^amsssm DOCUMENTS uuunMT* TBESPASSERS •M •«(» PUBLIC LANDS. ^^^^^••^B ^Bf ^M^P^PVR^^Vi^|^^H|pKJHp^HMV ^W ^i^^^ KNHMI^Rra •f fP^:^-W krn^k I » ::^\ .«, '■y^-fi. W^' ■■^^ -■■ni ^vmii f Ut ^ »k «# ■jar^^ 'Vl^wlKX ■-♦»■■* r "7 -fu;: .^iflJK" '•'ftf^lft^Mt'f-'M.t %y»: jl. V.-"i^->«%:^?i' ,;^:,^-!^.S-^| ,:^*- V ,i.4^ «Mli;M^4k0 '-.;fi-.,^x *!"". ^vt-^' V( '^int: ■■t^ , lV*• ^*'.-:^^• ■^*^ -"••R mM^0^^J00^ .■tt'.^. i ■'•';! .,4^x--t ■'.,*■ ••'■' ti .iifi . ' ; ,'-" ■;'"" ^;P<^:;*^^ «3j'J" Miff ♦ ■; .;' . >■• i*i - / 1 ■ i««ii^i., J ^.ijaii .^IfA^ilt^'iiillW^^WlUttiMi' . . .«v-:-; WlWllilWili iiiiimiiift" ' / « -«Sk s] 3;>fFf55:ii4 IfMj: ■ MES816£ OF GOT. FAIRFIELD. ^4,1 [cONriDBMTIAL.] To the Senate and Houu of RtpretentaHvea : '' Ok the 14th of December, 1838, the Land Agents of Massachusetts and of this State appointed George W. Buckmore to proceed to the Aroostook and Fish Rivera for the purpose of preventing as far as he was able any trespassing upon the Public Land. Mr. Buckmore has just returned from these places and made report which has been communicated to th'6 Governor and Council, and is herewith laid before you for your consideration. By this report it appears that a large number of men, many of them, 1 am informed, from the British Provinces, are tres- passing very extensively upon the lands 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 River, it is estimated there are from forty to fifty men at work. On the Green River, from twenty to thirty. On Fish River, from fifly 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, 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 trespassera will cut the present winter *p«>r<«**'"'» • •»t. '^p\.: *'-, 1839.] HOUSE.— No. 31. VI strong, decisive and eflScient measures in a case of so flagrant a character. Nothing else will save our beautiful and valuable forests from* destruction and plunder. I have deemed it expedient to make this communica- tion to you confidentially, under the impression that if your proceedings should be communicated to the trespassers before the Land Agent was prepared to go in, they would combine their forces and render any attempts to break them up more difficult, If not more dangerous. JOHN FAIRFIELDi " Council Chambbr, ?'* *iij , -' "^ January 23, 1839. J -^m^r^ - ^.'-^m.-^ *; t ^ ^:^A>.mi mm^^> ^ : ■4-'. •---!' V ". ,' ,;■-.;■■, , «) 4»*»f^>f m ."■•■ ■ '^-l^'J^m^* «'S;,#i^4v.?i> ;*^9f?*X^'!W*^ v,n W . v,:^ t "4'1iS Ifij'; i'Vv,--ii^;H-fi'.!r ^v^'li*^ l♦?^HIhq^^si -u--. s'«?ffw ''i 1» M*<^ CORRESPONDENCE. [Feb. ^.■■• 1 r. ■» it" CORRESPONDENCE. From Mr. Hamlin to the Qmeram and CooncU. a, r.f. . . January 22, 1839. ) To Ihe Honmvble the Ootemorand Council: Gentlkmeit: — I deom it my duty to lay before you the accompanying Report of George W. fiuckmore, in relation to depredations upon the Aroostook and St. John Rivers, also, a copy of the instructions given him by the Land Agent of Maine and Massachusetts. It will be seen from his Report, that extraordinary diepreda- tions are being committed on the public lanou situated on those rivers, and that energetic measures will be required to arrest them. As to the trespassers upon the Aroostook, I am confident nothing short of an armed force, of at least fifty men, can efllec- tually break them up. When the wholesale depredations on the Little MadawBska are stopped, the minor trespassers on the other streams, tributary to the Aroostook, will cease of course. In an ciflair of this magnitude, the Land Agent does not feel hiraseli authorized to proceed without some particular directions from the Governor and Council, or from the Legislature now in session. ELIJAH L. HAMLIN, Land Jgenl. . « 4 •*♦'••• •>■' "I [Feb. 1M9.J ^« .,1 1^ •»*'"•»*! oil. w "v.x , "*• \ DOUITA 839 fore you the in relation to vers, also, a ent ofMaine try depreda- ted 00 those red to arrest n confident , can efiec- ttions on tlie sers on the of course. oe» not feel r directions lature now (I Agent. HV - HOUSE.— No. SI. Tiwa Mr. Hamlin and Mr. Coffin to Mr. BQckmoie. [COPY.] STATE OF MAINE. J..AND OfFIOC, ,1 <•^ I ..I /-^* **» "/Jrilji BiMgw^ Dec. 14, 1838. To GeoBO* W. BCCMMORE f *'»•* '^ "^^ ^ ■■ Sir: — Yoo are heroby authorised and empowered to pro- ceed to the Aroostook River and see that no trespassing is committed on the Townships belonging to Maine and Massa- chusets on that river, the ensuing winter. You arealfeo author- ised, if it becomes necessary, to take otfthe teama and supplies of those found trespassing, and tell the same at auction, according to the provisions of an Act, approved March 28, 1831. If there should be any communication open with Fish river, you will make an examination there, and see that no trespasseaare committed* ■:;,--^ ^ii v^ V - n;, •'-- Should you meet with any Te«iil«ne«Vdi' tirty ihA)|; tfiffaordi- naiy takes place, you will give immediate information to this office, where you will also make a return of your doings after the above named service is completed. ' ' "^ ' ,"' r'" (Signed,) ' ' ., / »,v. ELIJAH L. HAMLIN, l^.;9g«nio/jra»n«. GEO. W. COFFIN, L. Agent of Ma$$. *» » ' By £. L. Hamlim. «-» From Mr. Bnckmore to Mr. H&mlin. [COPY.] To Elijah L. Hamlin, Land Agent: Sir : — Agreeably to your instructions dated December 14th, requesting me to look after trrspaners on the Aroostook and St. John rivers, I immediately left Ellsworth and proceeded to the Aroostook river — and after stopping there a few days, I \-rrl CORRESPONDENCE. [Feb. left Township No. II, for Fish river through the Madawaska lettiemenl, and returned to Township No. 1 1 , after an absence of ten days. Finding the amount of depreciations to be much larger than was anticipated, and being unable fo arrest the t''espasser8 or to tnke off their tnams and supplies, Icoi.rluded to return, and herewith lay before you the following Report of my doings and examinations, and await such further instruc- tions as you may see fit to give. ,,ij ,, ,,,,j A short distance above the Grand Falls, I fell in company with two men, who were going up Grand river, with some others, to make timber for a Mr. Ketchum. I learned from these persons that there were from 40 to 60 men at work making timber on this river. I also learned that there were from 30 to 30 per- sens cuttirg timber on Green river, all well supplied with teams and provisions. At the Madawaska settlement, I learned from th« inhabitants that the Governor of New Brunswick had given permission to each settler to cut one hundred pine logs on his lot, and most of the inhabitants were engaged in cutting logs, undar this license, for Sir John Caldwell's mills at the Grand Falls. During my stop at the Madawaska settlement, 1 was called upon by Francis Rice and Leonard R.Coombs, Esquires, two of the Magistrates living at Madawaska, to learn my business on the St. John river, which I freely communicated. They then requested a copy of my instructions, which I furnished them. They said they were authorized by the Governor to arrest all persons attempting to exercise jurisdiction, on the part of the American Government, in the Madawaska settlement, and that they should forward a copy of my instructions to the Governor at Fredericton. I was informed here that several crews were at work cutting timber on the Madawaska and St. Francis rivers. I also learued that there were large parties of trespassers on the Restigouche river, some of whom had come through to the Madawaska settlement to purchase hay. From this place I 1 U 1 1839.] HC JSE.— No. 31. 9 [Feb. Madawaska an absence to be much It arrest the I courluded ring Report :her inatruc- •mpanv with ne others, to lese persona I timber on } to 30 per- 1 with teams inhabitants irmission to t, and most under this ^ails. was called ires, two of lusiness on d. They furnished Dvernor to on the part lettlement, ons to the rk cutting I also rs on the gh to the IS place I Km % proceeded to the mouth of Fish river, which I ascended about fourteen miles, and found within that distance the following trespassers. A Mr. Whalen, with a crew of eight men and a team o( six oxen, supplied by Francis Rice, Esq. before named. C Fernandee and S. Herbert, with a crew of six men and one team — a crew of fourteen men and one team, supplied by Mr. Cnrle, an inhabitant of Madawaska — Joseph Dominkee, with a crew of nine men and a team, supplied by Mr. Brtinsieu of Canada — Mr. Woofaert and R. Martin, with a crew of fourteen men, two pair of horses and four oxen— L. Nado, with a crew of seven men, whh one team of horses and one team of oxen — and several small crews, making altogether as near as I could calculate, ten pnir of horses, sixteen yoke of oxen and from fifty to seventy-five men. More teams and men were expected in daily. Some of these crews had beua at work here .»ver aince last summer. The most of these trespassers were located, as near as I could judge, on Township No. 16, In the 7th Range belonging to Maine. Ttie following crews were at work on the main St. John, between the St. Francis and Madawaska rivers. Two crews under L. R. Coombs, Esq. before mentioned — one crew under Messrs. Wliceloelc and Caton, supplied by Sir John Caldwell — one crew under S. Herbert— one crew under William Gardner — one crew under Mr. Hunnewell — one crew under Messrs. Makay and Decenado — one crew under Mr. Canada — and one crew under D. Dagle, making nine crews in all. From the best information I could obtain from the inhab- itants, it was calculated that these trespassers would cut on the St. John and its tributaries above the Grand Falls, this season, incbding the logs, at least seventy-five thousand tons, about one third of which would be cut on Fish river. On the Aroostook river, the trespassers upon whom I served writs last fall, above Beaver brook, in company with yourself, have not returned, and there is no trespaMing by the Provin> cials above that stream. The crews on Beaver brook supplied 1 'i '■■?;%. ''t!%iK I f * ■Au > f 10 CQILR^PONDENCE. [Feb. ■*' Augusta, January 32, 1839. {VJiVi-j^rM^^j.-Uii- N f -J by Peter Ball, l^ave relurned. I taw Mr Ball, and he informed me that aa U^re was Ir . •passin^f below, be should not stop him- aelf, and that be abould reaiat any <^npt to take away his teama- Tbe crew wbi^b b^gan tq cat on Salmon Stteam, early last fall, are still at work, and now say they do not intend to quit, but mean to defend tbemselvea and resist all authority from tl^ia State. ^ r^v ; On Townsbq> Letter B, belonging to Maine, I found Mr. Jobnaon, with a crew of ten men, six oj^au and one pair of hqraes. Tl^y refused to quit, and said th^y abould continue to cpt the timber in apite of both Governments, ^nd used much tbreateding liMBguage. Ji stopped one nij^^bt lunong the settlers at the mouth of the Little Madawaska, and from the best inforr mation I could obtain, there are aboulweventy-five persons tres- passing on this river, with iwenty yoke of oxen and ten pair of horses, well supplied with provisions from the Province, I met several teams on thbir way up, and noticed that the rvk,,;•»%•,!.•■. •-•'..-'■1 .r)!:yf!ii;i TfH'l .i|^ 'i'.y ■^^v.-J. 'i ' f '•<■!?' :| "..J r I. I i ) ' r H i 'I; ! t|: MESSAGE. ; [Feb. MESSAGE OF GOV. FAIRFIELD. To t^ HoifM of kepntentative* : In compliance with the request of the House of Rep- resentatives, I herewith communicate such information as I have in relation to *' the reported abduction of the Land Affent." ' iw«#^."^it:^i!.4a ' t \V.g;j;u:;.w! 4«.U.'.v.*s Under the Resolve of the 24th of January last, entitled a "Resolve relating to trespassing upon the Public Lands,*' the Land Agent repaired with about two hundred chosen men, to the scene of operation on the Aroostook River. Prior to his reaching there, it is understood that the tres- passers, amounting to about three hundred men in number, and all well armed, had combined and were determined to resist every effort that should be made to break them up. Finding, however, that the Land Agent had prepared himself with a six pounder, they rhose to retire from the ground, passing down the river. The Land Agent with his company also passed down the Aroostook to near its mouth, finding the places of operation abandoned by the trespassers. On Monday last, they captured a gang of about twenty, who had been operating further up the river, and sent several, who were considered the ring leaders, to Bangor, where it is supposed they are now in jail. On Monday, the Land Agent sent a letter to Mr. McLaughlan, the Land Agent for the Province of New Brunswick, inviting a meeting with him at the house of Mr. Fitz Herbert, about four miles from where the company were then stationed ; and on the same even- ing with four others, Mr. Mclntire repaired to the house of Mr. Fitz Herbert, intending to pass the night there. ' ♦ I.ll » l| I » nw 1839.] HOUSE— No. 31. Id The trespassers, however, in some way became possessed of the facts, and detached a company of about fifty, who seized the Agent and those accompanying him, and trans- ported them, it is believed, beyond the bounds of the State. Our Company is now at No. 10, on the Aroostook, for- tified and anticipating an attack, in case any attempt should be made on our part to execute the Resolve of the 24th of January by destroying the timber which has already been cut. I have advised the sending of a reinforcement of three hundred men, as it is probable the number of the tres- passers will be constantly augn"3nting — ^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 expedition. I have also dispatched a special messenger to Sir John Harvey, Lt. 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 — and to procure the release of the Agent and those taken with him. The Agent was also charged with other matters pertaining to this most extraordinary and outrageous proceeding. The facts above related, except in relation to my own doings, have been communicated to me verbally by the Sheriff of Penobscot, who formed one of the company of the Land Agent. This is the only communication from the Land Agent or his company, which I have had verbally or otherwise, that could be relied upon. JOHN FAIRFIELD. CouNciii Chambek, Feb. 15, 1839. .,«^*.-..;>M JMik ■^',I»«M».>*, ' JWWf WH W M 16 LETTER TO GOV. HARVEY. [Feb more daring act of seizing our citizens and transporting them out of the State. Learn, if you can, who they are — where from — how numerous they ar&— what are their designs — and whether they receive any countenance from British subjects living near the line. Having fully expressed my views to you personally, I do not deem it necessary to be more particular in makiug this commu- nication. With full confidence that you will do every thing in the pre- mises which the honor and interest of your State require, I sub- scribe myself, With high respect. Your ob't serv't, JOHN FAIRFIELD, Gov. of Maine. From Gov. Fairfield to Sir John Harvey. Augusta, Feb. 15, 1839. HtB Excellency Sir John Harvey, LUut. Governor of N. B. : Sir: — This communication will be handed to you by the Hon. Jona. P. Rogers, a distinguished citizen cf this State, whom I havp requested to proceed to Frcdericklon for the purpose of conferring with your Excellency upon a most extra- ordinary and high handed proceeding on the part of certain trespassers upon the public lands, in seizing and transporting beyond the bounds of the State, the Hon. Rufus Mclntire, Land Agent, and several other persons \vhile aiding him in the regular and legal execution of the duties cf his otfice — and for the purpose of procuring their release. Mr. Rogers will inform your Excellency of the facts as they have been reported here, aud confer with you generally upon the subject. I -:^' 1839.] HOUSE.— No. 31. 17 I cannot doubt that your Excellency will furnish Mr. Rogers with the information in your possession, and will afford him every facility in accomplishing the object of his mission. I have the honor to be, With high respect, Your obedient servant, JOHN FAIRFIELD, Governor of Maine> Appointment of mr. JarTis. Augusta, Feb. 15, 1839. Hon. Charles Jarvia: Sir: — An extraordinary state of affairs upon what is called the disputed territory, has induced me to invite your services in the cause of the State. By the enclosed R 'solve you will perceive that the State has come to the determination of break- ing up and putting an end to the trespassing upon the public lands. Under this Resolve, Mr. Mclntire, the Land Agent, repaired to the scene of operations, with about 200 chosen men. The trespassers had combined and intended to resist every attempt to disperse them — but finding that our men had sup- plied themselves with artillery, they thought it prudent to leave the ground, though 300 in number. Ader this, however, Mr. Mclntire with four others, being unfortunately separated from the main body, were seized by a detachment from the tres- passers, and transported beyond the bounds of the State. Our men are now on No. 10, upon the Aroostook, fortified, where they will remain until they receive a reinforcement, and then proceed to the further execution of the Resolve alluded to. Under these circumstances, it has become necessary for me to appoint some one to take the place of Mr. Mclntire and to lead on the expedition. I know of no gentleman better quali- 2* .f*"*"^" i»- ■•*,»... **> ■*^ r 'it- n APPOINTMENT OF MR. JARVIS. [Feb. fied for the service than yourself, and trust that you will find no obstacle in the way of your acceptance of the appointment. Mr. Strickland, Sheriff of Penobscot, is instructed to pro- cure forthwith from 200 to 300 additional men. He has also been supplied with the necessary funds. I hope you will im- mediately set out for Bangor, where you can confer with Maj. Strickland, and repair at the earliest possible moment, with the additional force, to the scene of the trouble, where you will proceed to execute the Resolre of 24th of January. I am very respectfully. Your most ob't serv't, JOHN FAIRFIELD, Governor of Mamt. » / y - -^1 ....*. #. 4 ■»♦ »,^^ ^^ 'eb. also im- Inj. the will 1830.] 4 HOUSE.— No. 31. MESSAGE OP GOV. FAIRFIELD. i<> To the Senate and . >,.. i, i. .. •• House of R&oreaentatives : Since my last communication to you upon the subject of the trespassers upon the Public Lands, there has been forwarded to me a Proclamation purporting to have been issued by the Lieut. Governor of the Province of New Brunswick, which I deem it my duty to communicate to you, with a statement of my proceedings consequent thereon. By this Proclamation, it seems, that while the Lieut. Governor disavows any authority from his Government for the seizure of the Land Agent, he yet speaks of the attempt of the civil authorities of this State to drive a band of armed trespassers from our public lands, as " an outrage" and an invasion of the territory of the Province of New- Brunswick and avows the fact of having ordered " a sufficient military force " to repair to the place where the Land Agent's party are endeavoring to execute your Re- solve of the 24th January, and to repel what he thus regards as an invasion of the Province of New Brunswick. Immediately upon the receipt of this extraordinary document, I took measures to hasten the departure of the reinforceinent of the Land Agent's party, understood to have been assembled at Bangor, awaiting orders, and num- bering between four and five hundred men — and also issued an order to Maj. General Isaac Hodsdon, of the Sd Division, to detach one thousand men, by drafl or otherwise, properly ofiicered and equipped j who were to ' 1 ■r- - * * -•. <»,-,. 4 ^iii^.pi«|i;i|ii|i to MESSAGE. [Feb. I; rendezvous at Bangor, and then proceed at the earliest possible moment, to the place occupied by the Land Agent's party, on or near the Aroostook river, there to render 8uch aid as would enable the Land Agent to carry into effect the Resolve of the 24lh of January. I also dispatched a special messenger, with a commu- nication to Maj. Kirby, of U. S. Artillery, commanding at Hancock Barracks, Houlton, informing him of the facts and asking his co-operation, with the troops under his command, with the forces of this State, in repelling an in- vasion of our territory, and sustaining our citizens in the lawful and authorized protection, they are endeavoring to extend over a portion of the property of this State. If these proceedings on my part, meet the approbation of the Legislature, and an appropriation be made for the purpose, I shall feel it to be my duty to proceed forthwith to order a draft from the 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 the United States for aid in repelling the invasion of our territory by foreign troops, deeming it proper to postpone that step until the return of Col. Rogers from his special mission to Frederickton, or at least until some information should be received from him, which will probably be as early as the 20th or 21st instant. If, however, you should think other- wise, and that no delay should be allowed for this purpose, an intimation to that effect will be promptly obeyed. If I have not entirely misconceived the circumstances of the case presented for your consideration, it is one cal- culated to excite the deepest feeling in the breast of our citizens and calls for the most prompt and determined action on the part of this Government. What is that case ^ T ,.*, » ••^.. A# ,^- ••*! Jtw-t^^.^ -"-.V lb. 1839.] HOUSE— No. 31. »l You were informed that a large number of armed and des- perate men from a neighboring Province, had forced them- selves into the territory of this State with a fixed purpose of cutting a vast amount of timber, and of resisting, even unto blood, any attempts to arrest them in the prosecution of their unhallowed object. Deeming it your duty to make an effort to protect the interests of those who had confided them to your care, you instructed the Land Agent to pro- ceed to the scene of devastation and plunder, with a suflicient force to arrest those who were engaged in it, and to break up their daring and wicked enterprise. While in the act of executing this order, the Land Agent was seized, transported beyond the bounds of tho State, and finally carried upon a sled, like a felon, and under the guard of provincial troops, to the capital of New Brunswick for trial. Could a greater indignity be offered to any people having a particle of sensibility to its rights and its honor, or to the sacredness of the personal liberty of its citizens ? It is true that the Lt. Governor denies the original seizure was by authority. But at Woodstock tJie Magistrates took cognizance of the affair, sanctioned the proceedings by issuing a warrant, (acting undoubtedly under the authority of the proclamation,) and sending our citizens under an ignominious escort to Fred- erickton. Really, if there be any apology or justification for this treatment of our citizens, it is not to be found in any code of international honor or comity with which 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 derided — our power contemned-^ tl il 'f^^'^Bl^-'^- '^ .j^.. i k ) ' MESSAGE. [Feb. and tho State degraded ? If there ever wos a time when the spirit of independence and self-respect should assert itself, that time is the present. Wc cannot tamely submit to be driven from our territory while engaged in the civil employment of looking aAer 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 pretence that the place wliere it was committed is within the concurrent jurisdiction of the two Govern- ments, much less that the British Government have had exclusive jurisdiction. Lands even higher up and beyond this, were surveyed and granted by the State of Massa- chusetts more than thirty years ago. And Massachusetts and Mninc have long been in the habit of granting per- mits to cut timber upon these Aroostook lands, without being, to my knowledge, molested from any quarter, to say nothing of the sale and actual occupation of the land itself. It must be gratifying to all who have a true sense of the honor and interests of the State, to perceive that upon this subject the din of party warfare is hushed, and that a unanimity has prevailed, alike honorable and patriotic. No interruption to this commendable spirit I trust will be suflered. Union and good feeling, no less than prudence and energy, are absolutely necessary in this extraordinary emergency. JOHN FAIRFIELD. Council Chamber, ) t Feb. 18, 1839. J Since writing the foregoing, I have received a commu- nication from the Lieut. Governor of the Province of New Brunswick, in which he sets up an alleged agreement that the British Government shall have exclusive jurisdiction :S** J**""-- ,t v^, . 1839.] HOUSE.— No. 31. 9$ and poaseasion of the disputed territory, until the question be settled — and informs us that ho is instructed not to suffer any interference with that possession and jurisdic- tion. He entreats us to withdraw the Land Agent's party, and odds that he has directed a strong force of « Her Majesty's troops to be in readiness to support Her Mojes- ty's outhority, and protect Her Maje8t)'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 the coOrsc we have thus far pursued, and that with the blessing of God I trust VkO shdll persevere. . No such ogreement as that alluded to by the Lieut. Governor, can be recognized by us — and it is un entire misapprehension, to say the least of it, that such an agree- ment has ever been made. The letter having been written before Mr. McTntire reached Frcderickton, 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 sta- tioned themselves for the present ot the termination of the Aroostook road. While there, Mr. McLaughlan, the Provincial Land Agent, presented himself, and in the name of Her Majesty warned our party to di«nerse. Mr. McLaughlan and his two assistants were thereupon taken into custody, and the Agent with one assistant immedi- ately sent to Bangor, where they are now detained. Copies of the Proclamation and letter of the Lt. Gove- nor of New Brunswick arc herewith communicated. JOHN FAIRFIELD. '^ *-■•.• -^ .. , --■<■'■ — c**,^ >-■♦:■: ) ,/' '.i^intg^.iV mm"" mmm 34 LETTER FROM GOV. HARVEY. [Feb. )^ From Sir John Harvey to Gov. Fairfield. V. [COPY.] ,.,. v. ..,,;-.- ^,,f ,• ,- "'• '■ Vi Government House, Frbduriokton, X. B. ) , Febrwry I3th, 18S9. J Sir: — I have just heard with the utmost surprise and regret, that without the courtesy of any previous intimation whatever to this Government, an armed force, from tho 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 v^overnments, shall remain in the exclusive possession and jurisdiction of England, until that claim shall be determined. It has been my duty, on more than one occasion, to apprize the Executive Government of Maine, that my instructions do not permit me to suffer any interference with that possession and jurisdiction, until the question of right shall have been finally decided, in discussion betwixt the two General Govern- ments. With the knowledge of these instructions thus explicitly made known, I cannot but repeat the expression of the deep regret which I feel, that instead of seeking their recall or mod- ification through tho Presidential Government, the State of Maine should thus have forced, upon a subordinate officer, the alternative of either failing in his duty by abstaining from the fulfilment of the commands of his Sovereign, or, by acting up to them, placing the two countries in a state of border collis- ion, if not the two nations in immediate 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 immediate recall of a force, w||ose presence within the precincts of the territory as claimed by England, it is contrary to my instructions to permit — and it is proper that I should acquaint your Excellency that I have directed a strong force of Her Majesty's troops to be in readi- \ ^P^'-flP*' -<***"■*»*• *»^ «>^ ^^ ^|iflppil|gppH|P|liJillim!Ni.vii » ujif^jiiii^ii^jiij^Bij luiiw p-n'^m^mnfngf^^ ^ ,*' ' •* 1839.] HOUSE.— No. 31. ^ nesBto support Her Majesty's authority, and prof ecf Her Maj- esty's subjects in the disputed territory, in the event of this request not being immediately complied with. With regard to any plea fur these proceedings on the part of the State of Maine, connected with timber spoliations in that territory, I have to inform your Excellency, that I have given directions for a boom to be placed across th? mouth of the Aroostook, where the seizing officer, protected by a sufficient guard, win be able to prevent the pasrage of any timber into the St. John in the spring, or to seize it and expose it to pub'' * sale, for the benefit of the "disputed territory fund." Similar precautious will be adopted in regard to any timber cut upon the upper St. John, or the tributary streams falling Into it. y:^'''- ^^mfi:f^m 's i-^i.'^;^''-^'- ':-•■■'■ ^'^^''s '-■' ''i--^ AriAiously awaiting your Excellency's reply to this commu- I have the honor to be your Excellency's ' j ■ ' ''"'^ Most obedient and humble servant, * .-ri vr vvv-v: -s; ...■ ^^^f*' fg;.;«.;^: ...-.^w j_ HARVEY:"" }• 1 1 i "^!ntismmm-i!i 26 PROCLAMATION. [Feb. V, and ammunition belonging 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 tu return the arms and ammunition, so illegally taken, to their place of deposit, as the Government of the Province will take care to adopt all necessary measures for resisting any hostile invasion or outrage that may be attempted upon any of Her Majesty's territories or subjects. And I do hereby charge and command all Magistrates, Sheriffs, and other officers, to be vigilant in aiding and assisting in the apprehension of all persons so offending, and to bring them to justice. And in order to aid and assist the civil power in that respect, if necessary, 1 have ordered a sufficient Military force to proceed forthwith to the place where these outrages are represented to have been committed, as well to repel foreign invasion, as to prevent the illegal asbumption 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 Carle- ton, forthwith to proceed as the law directs, to the drafting of a body of men, to consist of one fourth of the strength of each of those Battalions, to be in readiness for actual service, should occasion require. Given under my Hand and Seal at 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 Majeatj^'s Reign. By His Excellency's Command. WM F. ODElIL God savt the Quetn, ... ^ - 4 , (^-i****"** «^f^ **. .-.^.^^ ,44. ,•*.♦, -«•!% .^»,^^'-*-«^« » ..»|,i^i W i*i m ^». I,. fUj, >•%*!»'<*'> I839.J HOUSE— No. 31. 87 RcsolTes of the Legislature, Feb. 30 and 99. STATE OF MAINE. RESOLVE for the protection of the Public Lands. Resolved, That the honor and interest of this State demand, that a sufficient military force be forthwith sta- tioned at the Aroostook river, west of the boundary line of the State as established by the Treaty of 1783; 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 pre- serve the timb'^r, and other lumber already cut there by trespassers, anu 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 24th, 1 839. 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. [Approved February 20, 1839.] STATE OF MAINE. Aiv additional Resolve relating to trespassers upon the Public Lands. Resolved, That the Governor be requested forthwith to conununicate to the President of the United States, the oaeasures recently adopted by the State of Maine in rela- iJ9-.i. . ■■■.i^t:^.'..'ir /,,i"''i w 1 «ft ORDERS. [Feb. tion to the trespasses on the Public Lands of this State ; and also copies of the correspondence between the Gov- ernor of New Brunswick and the Executive of Maine in relation to those measures ; together vi^ith any information in his possession relative to the subject ; and to request the aid of the General Government in support of the rights of the State of Mainje. [Approved February 22, 1839.] House of Representatives, February On motion by Mr. Vose of Augusta, 1:i^!'3t ^^^^-J^^r^^ February 18,1839. Ordered, That the Governor be requested to communi- cate forthwith to the Executive of Massachusetts any information in his possession relating to trespasses com- mitted upon the disputed territory — and to request her aid in the measures taken by this State. Sent up for concurrence. • '■'■' ' ; ," V vvm CHARLES WATERHOUSE, Clerk. * ■"'' InSenate, February 19, 1839. Read and concurred. WILLL\M TRAFTON, Secretary^ House of Representatives, ) February 20, l8o9. J On motion by Mr. Am.en of Alfred, Ordered^ That the Govornor be requested, if he shall duem it expedient, to communicate to this House, such fuither correspondence as he may have had with Sir John Harvey upon the subject of the North Eastern Boundary. Read and passed. CHARLES WATERHOUSE, Clerk. X ^ .^^.^,«. -,.f» ,**.^—-«- '««i„**.^\**'^'»'> Wf ■■■^ ^mpwi X.U-> . >-' ri 1 1 « 1839.] HOUSE.— No. 31. 29 MESSAGE OF GOV. FAIRFIELD. ''•*.-:'y Now, sir, I eannot hesitate to say, that, in my opinion, your Excellency is laboring under an entire misapprehension in re- gard to the facts. No such agreement, I am persuaded, has ever been made between the two Governments. I have looked in vain for it among the numerous documents which have grown out of this question, and have never heard of any recognition of it, verbal or otherwise, on the part of the officers of the Gen- cral Government. If, however, such an agreement exists, your Excellency can undoubtedly point it out. At all events, such an agreement can never be recognized by this State. A decent self-respect will ever forbid it, if there were no other consid- erations in the way. Your Excellency entreats me immediately to recall the forctt now upon the territory, and then adds — " It is proper that 1 should acquaint your Excellency that I have directed a strong ?•?■ Iligf^ii'-.|,- ^eb. 1839.] .•-f HOUSE.— No. 31. 81 furce of her Majesty *i troops to be in rMdinesi to support her Majesty's authority, and protect her Majesty's subjects in the disputed territory, in the event of this request not being imme- diately complied with." . ...- .iC^^^ ..^: ;,^; .^ .»«,,,.* 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 jurbdiction of Massachusetts and Maine — that, more than thirty years ago, Massachusetts sur- veyed and granted large tracts of it, which have ever since been, in some way, possessed by the grantees and those claim- ing under them — that, the rest of it was surveyed by, and some of it divided between, Massachusetts and Maine, soon after the latter became an independent Stale— 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 various other ways, Maine has exercised a jurisdiction which may fairly be regarded as exclu- sive, over this territory. Under these circumstances, inform- ation was 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 suffi- cient force to arrest these depredators, and to break up their enterprise. The party of the Land Agent is now on the terri- tory, 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 neces- sary for them to remain. If your Excellency chooses to send an armed force to attempt their expulsion, I can only say that this State will endeavor to meet such an attempt as it will deserve. I have no threats to make or 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. 1 :\ *< .f.^ M«m I 1 I ai' LETTER OF GOV. FAIRFIELD. [Feb. If iike |>rov6t tedreAht to her daty and tamely lubmlts to be etpelfted from her territory by t force that she could luccerie- fuliy resiat, nothing that I can say would tend to diminish the measure of lier ignominy and disgrace. -'j^i t^vfi* i$(t- I h&ve the hdnok- to be, 44* b? ^*tfi^«. With'bighiei^et, um:- *i' »*im(I > iW . Yodr Exceltendy'e obt serVI.' -!i* « 4P)»*.*.M»s>fi*. '/. JOHN fAirfield;^" '***"' \ ^.M.K*, y»*% ,»mii' 'mt^f*. '4* Q„^ ofiMtdtm* ,,:-•|^ jjS^i.Mt^ J^ • ■'i*Ui('i^\ S^'->. ''*''<. '* •'' ■■ ' " *' ' '"" ■-"■ ' ,,^ *:i,v, 'Mtuii* .:,<»" ^ •.)Jiv,.>> V ■■ "■■-'• ^' ".-^''^ ^'>-'^' -• ' "■"■ ■ ■-,,,.. 'J l:','.i;Uip ' tta , i;..;v 1?^ 1(i' /'-s-' ;!-.!( '^'-' '»■••■: '•••'■ ^A^ i.^i4.F .-.'..•'^»' r^t?i'-s -u. ivii' ./. V-" ?^'/^.- . ;^-,i;^V''''^ ■ '■'■ ' ,.:.; ,.^.., Vf.ff .r>-^ '^-^frm '' • -*• -< " '^'^ '■"^' •■'••' "••'•' •^''""' t ■i >;? .rni'tt^r •^:,-l :j.,i.u» ;■;;;■.■ .,t:.iv««*>vv*« ^■-■' -kyLf>'v,»i^ vol.,* •+•«»■>■»• *''-*i* ''■''"» *»!*•■' ■Hi'fi ■ ■■-■ -"'■ .) :>• i « --^J I . , I . V, ! . ... ■ !.■ ,ii m4 ' S \ \ ,,r wm 1839.] HOUSE.— No. 31. 'eb.' be tUe J ■i!\>;,, U,-' t -» 'A V ^MESSAGE OF GOV. FAIRFIELD. ^ To the House of Represmtativea : ^v,' f^jt^**!'^* ''' ' Under the Order of the House of Riipiresentativ^s of the 19th instant, I herewith lay before you certain corre- spondence since had with the Lieut. Governor of New Brunswick, uid the correspondence between Geo. Frede- rick Street, Esq., Solicitor General for the Province of New Brunswick, and Charles Jarvis, Esq., Provisional Land Agent of this State. The reply of Mr. Jarvis to the inadmissible and prepos- terous claims and pretensions of Her Majesty's Solicitor General for the Province of New Brunswick, must I think, command the unqualified approbationof every one having a just regard for 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 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 the fact, that Mr. Mcln- tire and his assistants have been released. It was, how- ever, upon their parole of honor, to return when thereto required by the Government of that Province. Immedi- ately upon the receipt of this information, I advised the release of James McLaughlan, Esq. Provincial Land Agent, and his assistants, upon the same terms. Since my last communication, the Land Agent's forces at the Aroostook, have been re-inforced by about six hun- dred good and effective men, making the whole force now about seven hundred and fifty. V A ■ i I ■i-fr^i' ■^ ^^^t^^'^m^n 1 *IM 84 MESSAGE. [Feb. %. If I... I have a letter from Mr. Jarvis, dated tho 1 9th, before the re-inforcement had arrived, and when his company consisted of only about one hundred men. He says he '* found the men in good spirits, and that they had been active in making temporary, but most effectual defences, of logs, (Sec. Ailer describing his defences, he says, " by to-morrow noon, a force of one hundred men would make good our position against five hundred. Betreating there' fore ia out of the queation. We shall make good our stand against any force that we cpn 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 mc, and that the honor of our State, so far as they are concerned, is in safe keeping." „ - ■.......■. -^ ' >» v- < ■• > •' The drafl of one thousand men from the Third Division has been made with great dispatch. The troops, I under- stand, arrived promptly at the place of rendezvous, at the time appointed, in good spirits, and anxious for the order to march to the frontier. The detachment from this Second Division will be ordered to march at the earliest convenient day, probably on Monday next. Other military movements will be made which it is unnecessary to com- municate to you at this time. The mission of Col. Rogers to the Lt. Governor of New Brunswick, has resulted successfully, so far as relates to the release of the Land Agent and his assistants, and has been conducted in a manner highly satisfactory. JOHN FAIRFIELD. CoDNCii^ Chamber, > Feb. 21, 1839. \ '^ I- V( i { U: ■•^'•^^ -~^^" . ■^.^-M^'dk.dKi , .»,>T.:.-.)8Sa«4«wW»i' .■ 1939.] HOUSE— No. 31. 86 .f.,' ^,,. i. CORRESPONDENCE. No. 1. jnI \'':f ';r."r i' ..,.,.,. ^ I^om Sir John Harvey to Gov. Fairfield. : . ' [COPY.] Government House, Frederickton, N. B., > February 18th, 1839. > Sir : — I have the honor to acknowledge the receipt by the hands of the Honorable Mr. Rogers, of your Excellency's letter of the 15th instant. Mr Mclntire and the gentlemen with him have been subjected to on examination before Her Majesty's Attorney General of this Province, who has reported to me that the offence of which they stand charged, is one rather against the Law of Nations and of Treaties, than against those of this Province — they must accordingly be regarded as " State offenders" — in this view their disposal rests exclu- sively with Her Majesty's Government, to which I shall accordingly report the case. In the mean time I have had pleasure in directing that they shall immediately be allowed to return to the State of Maine, upon pledging their parole of honor to present themselves to the Government of this Prov- ince, whenever Her Majesty's decision may be received, or when required to do so. The high respectability of their characters and situations, and my desire to act in all matters relating to the Disputed Territory, in such a manner as may evince the utmost forbearance consistent with the fulfilment of my instructions, have influenced me in my conduct towards these gentlemen— but it is necessary that I should upon this occasion distinctly state to your Excellency : \ ?! ii < V / .,((.'... 3G CORRESPONDENCE. i [Feb. 1.^ B i 1 i ii }■ Ist. That if it be the desire of the State of Maine that the friendly relations subsisting between Great Britoiii and the United States should not be disturbt'd, it is indispensable that the armed force frona that State now understood to be wit :.ia the territory in dispute, be immediately withdrawn, as other- wise I have no alterualive but to take Military occupation of that territory, with a view to protect Her Majesty's subjects, and to support the civil aufhbrities in apprehending all persons claiming to exercise jurisdiction within it. 2d. That it is my duty to require that all persons, subjects of Her Majesty, who may have been arrested in the commis- sion of acts of trespass within the Disputed^Territory, be given up to the tribunals of this Province, there to be proceeded ogoinst according to law. 3d. That in the event of the rumor which has jujtt reached me relative to the arrest, detention or interruption of James Mac- Laughlan, Esq. tb« Warden of the Disputed Territory, being correct, that tttat officer bo enlarged and the grounds of his detention explained. ^ .^ „^. .,..i. . ,* . > .u r , , Mr. Rogers takes charge oftMs'letter, of which a duplicate will be placed in the hands of the Hon. Mr. Mclntire, with both of whom I have conversed, and communicated to them my views in regard to the actual position in which I shall be placed, and the measures which will be forced upon me, if the several demands contained in this letter be not complied with — and I have reason to believe that Mr. Mclntir/e leaves me fully impressed with the anxious desire which I feel to be 5pared the necessity of acting as the letter of my instructions woiild both warrant and prescribe. \ '. ...,.,, ,r. With regard to trespassers upon (be lands of the disputed territory, I beg leave to assure you that the exten! to which those trespasses appear to have bpen carried, as brought to my knowledge, by recent occurrences, will lead me to adopt without any delay, the strongest and roost effectual measures • ■'^^•■ 'i~ "Kygys t2SL«'«^.»« ''eb. 1830.] HOUSE— No. 31. 37 which may be in my power, for pulling • stop to and prevent- ing the recurrence of such treipaites. With high respect, ' I have the honor to b« f , Your Eicelleocy's ' Mont obed't aerv't, J. HARVEY, M. Gtmral, LUtit. Goccmor, ijfe, Hii Excellency, >*-p*-;m .« ..r. i „■' , ,- < The Governor of Maint. "• •' '■ IVo. 9. ,..•< , . ,,.:.. [COPY.] ■, J, . Freobrickton, Niw Brdnbwick, 18 Feb'y, 1839. Whereas the offence wherewith you stand charged has been pronounced by the Law Officers of this Province, as one rather against the Law oF Nations and ofTreaties than against the Municipal Laws of this country — and as such must be referred for the decision of Her Majesty's Government — You are hereby required to pledge your Parole of Honor to present yourselves at Frederickton in this Province of New Brunswick, whenever such decision shall be communicated, or you shall b.^ otherwise required by or on the part of this Government — {ijul. for this purpose you shall make known the place or places to which such requisition shall be sent. J. HARVEY. To the Hon'ble Ropus McTntirb, GOSTAVU!* G. CUSHMAN, Thomas Bartlbtt, and Ebbnbzer Webstbr, EsqVs. We have no hesitation in giving, and hereby do give the Parole of Honor above referred to. 18 Feb., 1839. Witness: W. EAD. i ) ' t 1 I r r : -' ijEJj i' f'.fl I , a,' m^u i mii i 1 1 ) 'mffmi i Wr iii : m ■*-■*»<- 1S-"^%. ' i^,^tSii>*#'*>'' ' ' '» '* >Tiyi! ' '.i!;-,. tt- wm iTi.--'- CORRESPONDENCE. L^> y>n> iii 1^. I From Got. Fairfiek' to Sir John Harvey. [COPy.] ,!d; r. ,.,^,^ Avev«la, Fcbruar/21, 1839. > H i» Excellency , ' ^ V * s . . . Sir John Habvi-t^.j-.^ -l -"j, . .(. , ,. Lt. Governor 1'}. Brunswick: ...v, ,^i*,»i^ .4^ Sir: — I have the honor to acknow'.dge »he receipt of your Excellency's eommnnication of the 18th inst. by the hand of CoL J. P. Rogers. To your demand for the discharge of the persons arrested by the authorities of (his State ^ ^ ■. .... J - . !.^. .^ : in regard to James Me LaugbUn, ISsq., Provincial Land Agent, and Mr. Tilutslts, kis a«*istaat, I. have advised, that they be released upon the same ter %$ upon which the Hon. Rafue Mclntire and his assistaDts w^^re released, to wit: upon their parole ofkomor to return to Bangor whenever they should be thereto required by the Executive Government of this State, to -uuwer to any charges that may be brought against ih^Tt, f^r their kM and proceedings upon what your Excel- lency is pleased to call " the disputed territory." For a reply to the remainder of your Excellency's commu- nication, I must refer you io my letter of the 18tb instbot, which you will receive by the hnod of R. Eoglish, £aq. I have Ifia honor to be, ■ ■" Withhigh respect, ^''''*"^.i^ %tf «?HJe .>» ^ Your Excellencyli obi senrl, '^^r^ -. JOHN rAIRHELD; k* * ^i»i .;.'' i iJ-i Oottrmr «f Mnm. ■;ii«&f'''.iti II T *».- — ~- — .. '-,-*- .— '*' . (► .. .^.-w*;. [Feb. ' i rour id of ed by tna- that, With «y to Land that Hon. opoo boold ' tbis ■iast Kcel- r- rnitt- \tJU, 1839] HOUSE.— No. 81. '' i:! ;M \VU From Mr. Street to Mr. ^arv. i. [COPY.] Jil ihi JHouth^ the Arooalooh, JRtter 1 81. John, Frovince ofJYev) Bruas- > wick, 17th February, 1839. ) Sir : — I am directed by His Excellency Major Gen«ra| Sir John Harvey, Lieutenant Governor and Cominander-in>Chief «f this Province, to expreaa to you hia great surpriae at the very •KtraordiMiry occurrence of an armed force of the deicriptioa now with you, having entered upon the disputed territory, so called, and attempted to exercise a jurisdiction there for«iign to the British Government, seizing upon and maltreating British aubjeets, and detaining many of them prisonera, without having in the first instance given my notice or made any communicar iion whatever to the Government authorities of this Province of such your intention, or the causes which have led to these acta of aggression. If you are acting under any authority of your own Government, the proceeding is still more unjustifiable, being in direct' defiance and breach of the existing Treaties betweeen the Central Ciovernment of the United States and England*. If you have ttot any such authority, you and those 'with you, have placed yourselves in a situation to be treated by both Govemn>ents, as persons rebelling against the laws of either country — but bo that as it may, I am directed by hia Excellency, to i^ive you notice, that unless you immediately remove with the inree you have with you, from cny part of the 'disputed territory, so called, and discharge all BriJsh subjects whom you hate taken prisoners, and at oi.ce cease attemptir g to excrci«e any authority .a the said ter<-itory now authorized by the Britiith Government, every persor. of your party that can be found or laid hold of, will be taken by the British authori- ties in the Provineo, and detained as prisoners to answer for the ofT'ince. As his Excellency ic expressly commanded by his Sovereigr<, to hold this territory inviolate, and iu defend it i 'i M !i r.v .n^r ^'^' 40 CORRESPONDENCE. [Feb. ji ; %$■ from any foreign aggression whatever, until the two Govem- ments 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 very desirous to avoid any collision 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 ter- ritory peaceably and quietly without further opposition, sucU collision will be avoided— as in that case his Excellency wil 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 Government, find it necessary to take military posseft- sion of the territory in order to defend it from such innovation, and the consequences must be upon your own head, or upon the authority, if any, under which you act. The three gen- tlemen who were with you and were taken prisoners by some of our people, have been forwarded on to Fiederickton by the magistrates of the country, and will be detained (as all persons heretofore have been, who on former occasions were found en- deavoring to set up or exercise any foreign jurisdiction or authority in the territory in quentioa.) They will however be well treated, and every necessary attention paid to their conk- fort; 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, Air. >IcLaughlan, went out I understand a few days sipce, to ex- plain all this to you, but he not having returned, we are led to suppose you have still further violated the laws and Treaties of the two nations, by detaining him who was a mere messenger of communication, together with Mr TibbettB,the pek^on who was employed to convey him. But as Mr. McLaughlan was an accredited ofHcer, acknowledged by the Amerirau Govern- ment as well as the British, and appointed for the very purpose of looking after this territory, I trust you will on reflection, 1. "" - i".**- . ! ""." "?;.:■''•'.)' "SK Feb. ■'i^:# 1839.] HOUSE— No. 31. 41 see the great impropriety and risk you run, even i»ith your own Government, by detaining him or his attendant, Mr. Tibbetts, any longer, I shall await at this place to receive your answer to this. I am, sir, ip^if j«i > , Your most ob't humble serv't, o tiwiJ I! ; i.u.;ui;. ,j wja.GEO. FRED. STREET, . fir r^ SolicUor General of the Pr(mnet. To the Officer commanding^ i.w j^, .; i . ;. , -c.,.. ,.i the armed lorce on tlie di«- \ ^;»,^,, ^ .,y„ «« , . .« 4 ir,?,,., puted territory. j„^,„,^,.,,V '"' r.'»^-*'" «'=«•<:* ■•jurpis-ij' x.^»*ti''i lo u»>: lv»i -t i»i ■ ' w. ... V- '"Prom Mr. Jarvis to Mr. Street ■ '"*'* ^ "* >«' < " . • ! ' [L/0"Y.| ;,• , . J *«. u. Confluence of the Si. Croix Stream, "^ ' \, ,,, , Arootlook Rwer Township JVo. jO, \ .1 , vt-i*i;C ili! tii Slate of Maine—Feh'ty 19th, 1839. SiRt—Tour communication of the 17th ihst. has been this moment rec'd. The Solicitor General of the Province must have been misinformed ab *<~ the pface whe e the force under my direction is now located, or he wi.uld have been spared tl.e impropriety of addressing such a communication to me, a citi- zen of the Stale of Maine one of the North American Confed- eracy of U'^iu..ti States. ' .'■^i'] ■■■■-■■ .-^ .?•-■■•; :5:T It is aisc f- « iioped for the honor of the British Empire, that whci! .• ' .-eneral Sir John Harvey, Lieut. Governor and Commanot.^ n*Chief of ihe Province of New Brunswick, is made acquainted with the place where the Hon. Rufus Mclntire, Land Agent of the State of Maine, and the two other gentlemen with him, were forcibly arrest'^d, by a lawless mob, that he will direct their immediate discharge and bring the offenders to justice. 4* il^ f"^ •'■"■^Imw mm^m mm W^ m CORRESPONDENCE. [Feb. It n,v IS' • The oflieer to whom you ■UudiB and tho person in cottpaoj whh kim, were arrested for serving a precept «m a citizen of Maine. He was seat on imoiediateiy to Augusta, the seat of Government, to be dealt with by the autborities of the State. Their persons are not therefore in my power, and application for their discharge must be made to the Government of the Slat*, -r^m^^'ii^im^ii^immvk^ i).'*. fi ^fti *»-,*^:*,: . ^-.a ^ If, however, I have beeb in error as. to yonr being under a mistake as to the place where I am now stationed, on land which was run out into townships by the State of MasShchuiettt nnd covered by grants Oram that State before Maine was separated from Massachusetts, and wk r ' vr therefore been under the jurisdiction of Maine since sho iken her rank among the Independent States of the North il.iierican Union; therefore, as a citizen of Maine in official capacity, I have but one an- swer to return to the threat conveyed. I am here under the direction of the Executive of the State, and must remain until otherwise ordered by the only authority recognized by me, and deeply as I should regret a conflict between our respective coantries, I shall consider the approach to my station, by an armed force, as an act of hostility, whicb will be met by m^ to thebestofmyabUity. ,^,^^/ii j^^.%^[,^i^ - 1 am sir. Your most obH serv't, CHARLES JARVIS, To Geo. Frid Strbbt, Esq. ■^'. K'iFi,ia*,fe»-;.?*fH.ji?**4#i Solicitor Gen. of Prov. ef N. B« r;i>' «? V.»; tt> >»*:.■ ii> «;»•.,■: •>■ ij^K', -' {- -J >■' iif" f-., *>?.>. ( "I t"^* r % M5"-"^^S5fW^- rss *-.. "^--v. ^1 4M9.J HOUSE.— No. 81. ^ i| t ■ .i.:l<* lit.. From Gov. Fairfield to President Van Bursn. tk '41-' tfh [COPY.] ^^),^^lW#i'»;■|'»«■:*•:!'';i^^X'' ^«^ »ttt Ui >*«* EtBCitriVE DerAKtMEiiT, > Augufta, F«b. 18, 189Sr. 5 His Ekcftllency M. Van BirBur, PrMtd JOHN FAIRFIELD, ' Gov> of Maine. From Gov. Fairfield to President Van Buren. i ^ [COPY.] ■if ■'ill.'. Executive Department, His Excellency, M. Van Buren, President U. States: Augusta, Feb. 19, 1839. Sir: — Yesterday I had the honor to enclose you certain papers relating to the difficulties which have arisen upon our Northeastern frontier, with a brief statement of the facts. I have now the honor to enclose you my reply to the letter of the Lieut. Governor of New Brunswick, under date of the 13th instant, and Resolves passed by both branches of our Legislature. I would further inform your Excellency, that by a communi- cation just received from Maj. Kirby, ot'U. S. Artillery, com- manding at Hancock Barracks, Houlton, I learn that " the 3^th Regiment from a West India station, has arrived in the Province "—that '* on the 16th inst. oue company of that Reg- iment passed Woodstock, destined to the north of the Aroos- took " — that "this morning (the 18th) another company fol- lowed — the whole under the command of Col. Maxwell," &.c. &.C. He adds, as a rumor, that " oue of the Regiments ■i*, 1 mm 4 CORRESPONDENCE. [Feb. ' which recently pisiecd through to Canada, ia ordered hack, and that two more Rcgimenta are Jail/ expected from the Weal Indiea." The Hon. RuiVia Melntire ia atUl detaroed bj the Provincial authorities at Fredertclcton. Under these oircumstaaoes, I oaDool but entertain the belief that as manj regiaMnta of U. Statea troops, as can possibly be spared from other service, will be ordered forthwith to our frontier, and that Maj. Kirby will also receive orders to co-operate with the forcos of this State in repelling an invasion of our territory. Without time to add more I subscribe myself, Witk assurances of high respect. Your Excellency's ob*t serv't, JOHN FAIRFIELD. ^^,-^m , Got. of' Manu. ,1 feit-*'-^ W*^^ |tf5f*!: «#v From Gov. Fairfield to President Van Buren. [COPY.] EXKCUTIVB DaPAMTMBlIT, \ 1, 1839. 5 Augusta, Feb. 32d, His Excellency, M. Vas Buaair, ^ | Preaident United States: Sir: — I have the honor to enclose herewith, copies of lettera from the Lt. Goveroor of New Brunswick, under date of Feb. 18th, with my reply thereto— letter from the Solicitor Geaeral of the Province of New Brunswick to the Hon. Charles Jarvis, temporary Land Agent, under date of the 17th instant, with Mr. Jarvis's reply — Parole of honor given by Messrs. Meln- tire, Cushman, Bartlett and Webster, dated 18th February— my Message to the Legislature of the 21st instant. '^i' # JEjbk. :';-ViS^ 'mf^^nfmmmmmmmm [Feb. Wen belief libly be I to our Pere to fvaiion 4 1839.] HOUSE.— No.31. 47 These papers will give jrour Excellency all the addiliooel iDformatioti, of importance, not heretofore communicated, that has been reeeif ed in relation to the atate of affairs upon our eastern frontier. I cannot but persuade myself that your £i- celleney will see thai an attack upon the citizens of this State by a British armed force is, in all human probability, inevita- ble; and that the interposition of the General Government at this raomentoas crisis, should be promptly afforded. I have the honor to be, With high respect. Tour Excellency's ob't serv't, JOHN FAIRFIELD. Gfov. of Muifu. # < 1 1 •'•<•' f ** M iv htii ^ ^i:i y^i .jf •'h. t\ ii) }-f •y^^rrp i- - y c^v,• f^ i STATE OF MAINE. ^ HoUKB or RcPRBSk^NTATITCS, ) February SI, 1839. > Obocrbd, That 10,000 copies of the correipondence between the Governor of thii State and Sir John Harvey, Lt. Governor of New Brunswick, together with all Docu- ments relating to the difficulties on the North Eastern Frontier, be printed for the use of the Legislature. CHAALES WATERHOUSE, Ckrk, '^L -iV, u * :■-» .«....„„«^- rli&. 7J' Nr^«*' *•*#*' "«««e«W __^.. ' •rtiiM "" ^ p^^^f •■IP '^^mmm rivcf , ) • J ■pondence in Harvey, all Docu- h Eaitern ire. , Ckrk. *«,.iw!SSf*