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ft 188
V
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ACTS AND RESOLVES,
PASSED BY THE
TWENTY-I'IRST LEGISLATURE
or THE
STATE OF MAINE,
JANUARY SESSION, 1841
./
I
i
Piiblislied by the Secretary of State, agreeably to Kcsolves
of June 28, 1820, and February 26, 1840.
AUGUSTA;
SEVERANCE AND DORR, PRINTERH TO THE HTATR
184 1.
. J. ,'1. A^.j'i^wAli',.
y4
■'*ii^^
013'The Legislature of 1841, assembled at the State House in
Augusta, on Wednesday, the sixth day of January, and adjourned
on Saturday, the seventeenth day of April.
NORTH-EASTERN BOUNDARY.
Resolved, That a bill providing for a just and equal
distribution of the proceeds of the public lands among
the several States commends itself to our consideration
as an act of justice due alike to all; and ought to pass
into a law.
lleaolved, That the Hon. Reuel Williams, previous
to bis election to the Senate of the United States,
having declared and published, that it is the duty of
the elected to carry into effect the will of his constit-
uents, if he is instructed what that will is, or resign
bis trust, we, therefore, hereby instruct him that the
foregoing resolutions express the will of his constit-
uents.
Jlesohed, That our Senators and l»epresentatives
in Congress be requested to vote for any bill or pro-
position now before Congress calculated to carry into
effect the principles contained in the foregoing resolu-
tions ; and to introduce and support such measures as
shall accomplish the same object, if not now before
Congress.
liesolved, That the Governor be requested to trans-
mit a copy of the foregoing resolutions to each of our
Senators and Representatives in Congress from this
State.
531
STATE OF MAINE.
Senate, March 30, 1841.
The .Toint Select Committee upon tlie state of the nortli-
easiern boundary, to whom were referred so much of the
Governor's Address as relates to that subject, and also the
messnge from llie h.ie Governor, communicating his corres-
pondence with the Lieutenant Governor of New Brunswick
and the President of tiio United Stales, together with certain
resolutions of the General Assembly of the Stale of Indiana,
transmitted by the late Governor to the Legislature, at the late
adjourned session, and certain resolutions of the General As-
sembly of the State rf Alabama, and certain resolutions of the
Legislature of Maryland just transmitted by the Governor at
the present session, and also certain resolves, originating in the
\\
582 NORTH-EASTERN BOUNDARY.
House of Representatives and in the Senate respectively, for
repelling foreign invasion and providing for the protection of
the State, and certain other resolves from the Senate, respect-
ing purposes of defence— have had the same under considera-
tion, and now ask leave to submit the following
REPOiiT :
When Maine assumed her place in the Union, and became
M independent State, she adopted the poler star as her ensign.
This well known point adorned her crest ; and it appropriately
surmounted her shield. It signified that she intended to be
true to the Constitution and the country ; and that she deter-
mined, more than all, to be true to herself. From that direc-
tion she has not consciously departed. To that determination
she will always be faithful. She does not mean to swerve from
her path. She has frequently had occasion to express her re-
solves ; and circumstances have arisen to test the firmness of
her principles and purposes. She is now called upon to do so
again ; and she is obliged to meet the emergency.
We have come this year to one of those larger cycles of
time, at which the State is called, by the forms of the Con-
stitution, to fulfil some of its most vital organic functions ; and
among them returns the more frequent concern of attending to
the grave subject cf its long unsettled boundary.
The line which divided the ancient Commonwealth of Mas-
sachusetts from what once belonged to her by her original
charter, east of the St. Croix, was one drawn due north. That
river had been considered as the eastern boundary, ever since
the peace of Ryswick ; and this line would have gone, as it
was extended upon Mitchell's map, to the St. Lawrence, if it
had not been for the terms of the treaty of 1783, which were
the same, in that respect, as those of the proclamation of 17G3,
Those were " the highlands that divide the rivers that empty
" themselves into the St. Lawrence from those that fall into
" the Atlantic ocean," or sea. That highland descriptive boun-
dary was, at that time, perfectly well known and established,
geographically, historically, and politically. Geography, his-
tory, the public records of the Acts of the Crown and Parlia-
ment of Great Britain, still standing among her chronicles, all
alike attest the truth and verity of the description ; which, it
may be observed, subsequent, and even recent, explorations
of the face of nature, in that region, with the perhaps super-
fluous aids and lights of modern science, have only served to
illustrate and confirm.
The cotemporaneous Acts of the British Crown, in 1763,
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NORTH-EASTERN BOUNDARY.
establishing the governments of Quebec and Nova Scotia,
formed that abutment, then created for the first time, called the
north-west angle of Nova Scotia, which was adopted and
fixed by the treaty of 178'j, as the first bound to begin at, of
the United States. This point was considered so clear, in
the words of the treaty, as to jjrevent all dispute.
The bay of Chaleurs and the river Restigouche, or one of
its branches, (which are merely sources of that bay) has
always been regarded as the practical line of demarcation and
jurisdiction between the two contiguous provinces of New
Brunswick and Lower Canada. The north-west angle of Nova
Scotia had not been definitely ascertained. Wherever a point
of highland could be found, upon the meridian north of the St.
John, properly parting waters that went into the St. Lawrence
and the Atlantic, there might be ground for tracing and apply-
ing that term. Some doubt was expressed, for the first time,
on the part of the British commissioners, in the negotiations
which took place previous to the treaty of Ghent, whether
that small portion of unsettled country, which interrupted the
communication between Quebec and Halifax, did not already
belong to Great Britain. This doubt was only raised, at a
late moment, for the purpose apparently of soliciting a cession
(for which an equivalent had been previously tendered and de-
clined) of at least that portion of unoccupied territory.
Long before this time, after the peace of 1783, there had
been a settlement formed upon the banks of the river Madawas-
ka, by some Acadian fugitives, who had been expelled from
the Province of Nova Scotia, and again routed from their next
place of refuge in New Brunswick, to this then sequestered
spot, where they were joined by a few French Canadians — far,
as they supposed, from further trouble and molestation. The
point respecting the source of the St. Croix was determined
under the treaty convention of 1794, which finally provided
for the surrender of all posts held after the peace. Previous
to this period, before that point was determined, the Common-
wealth of Massachusetts caused the survey and running of a
line of a large tract of its territory, commencing from the
Schoodic lakes, and extending, upon the magnetic north across
the St. John, above its junction with the Madawaska. This
was an undertaking of great arduousness, and was attended with
extreme suffering to the party employed, who came near per-
ishing in the woods. The eastern line ran about 150 miles,
and went as much as 15 miles over upon the north side of the
St. John. The surveying party, there much exhausted,
turned aside to the first highlands they found towards the west,
583
584 NORTH-EASTERN BOUNDARY.
mistaking the tributary streams of the river Madawaska and its
lakes for rivers cmpiyina; into the St. Lawrence. Tlie pro-
ceeding was begun in 1792, and the plan on whicii this survey
is exhibited, by I'aik Ilulland, was cxec.itcd as early as 1793
or 1794. Tiio ricilil of cro,s-^iu.i; iIk; Si. John was rcro;^.ni/,ed
and confirnied, aficr coniplciinj^ ilio (-ouvcntion of 1794,
respcciine; t!)c St. Croix, by ihcj liiiiish niinisUM- rosidine; in
the United Slates, to whoso advico tin; operation of it was
referred, and wlio regarded it as a theme of congratulation, lliat
thereby, in consetpienee of the arrangement wiiith he recom-
mended, the line would cross the St. John above the Grand
Falls, where it would be less prejudicial in any respect, and
more beneficial, on the wliole, to the interest of Great Britain,
nnd the integrity of her dominions. Previous to this period
the Provincial Government of New Brunswick had undertaken,
probably without being aware of any wrong, to make grants or
confirmations to French settlers at Madawaska. But it was
also at the same lime necessarily and indeed actually acknowl-
edged by the oflkial authorities of New Brunswick, that ths
north-western boundary of that Province extended across the
St. John, and was claimed to the southern highland boundary
of Quebec.
Massachusetts, it is well known, continued after this period,
in the undoubted exercise of her eminent domain, to extend
her grants and surveys into this region, on both sides of the
Aroostook, and thus into the proper valley of the St. John.
This went on until the work of settlement and improvement,
impeded in some measure by disadvamages of distance, and
want of convenient approach and communication, was inter-
rupted and suspended, by the breaking out of the war in 1812.
The delay to have the true line drawn between the two gov-
ernments of the United States and Great Britain was one cause
among those which operated materially to retard the growth of
Maine, and the prosperity of Massachusetts, in that direction.
Conventional agreeinents, for this purpose, were negotiated
between the two national governments, by their public diplo-
matic agents, one in 1803, and the other in ISOfi. The first
was rejected by the Senate, and the other by the President, on
account of matters with which they were connected, having
nothing to do with this subject.
From this period, and from this ind. finite state of things
upon that border, may be dated, with propriety, that usurpation
which the British Provincial authorities began, progressively,
to exercise in that quarter, rendered more easy and accessible
to them by the avenue of the St. John, over the peaceful and
NORTH-EASTERN BOUNDARY.
585
unresisting population of Madawaska. For these purpos«:3 tho
point was more approachable by the authorities upon the side
of New Brunswick, aUhougii the absurdity of such a preten-
sion was ajjparenl, even as between that Province and Jjower
Caiuda ; and was manifested by a map of the territory published
by authority of Parliament in IH27, as well as by other stdjse-
qiieiit Uritish maps. The privilege which was enjoyed, of a
more direct connnuiiicaiion than they were entitled to, by this
route, acrn^js the corner of our territory, was one never denied,
or even objected to, and drawn into controversy, until it was
first challenged as a sort of acquired right, and arrogated as an
absolute pretension. Its germ first developed itself in the
ambiguous and circuitous forms of expression, by which tho
British negotiators went about to accomplish some point of this
kind at Client.
Maine entered the Union in 1819, without any apprehension,
or even suspicion, that her material rights, as an independent
State, entitled to certain limits, and that her title especially to
a large part of her territory, derived from the treaty of Inde-
pendence, if of no prior origin, and as released and confirmed
to iier, u|)on her separation, by Massachusetts, were called
into question, or were capable of being drawn into controversy.
The first census of the United Stales taken after our admis-
sion into the Union, in 1820, embraced the settlement of Mad-
awaska ; and one of the first Acts passed by the Legislature of
this State, in the same year, was a resolve earnestly calling
the attention of the National (Jovcrnmenl to this subject, not
then brought to a close, as it was understood, by any definite
proceeding of the commission established under the provision
of the treaty of Ghent. It was sometime afterwards discov-
ered that, by some singular oversight, or obliquity, or, if it
may more properly be so deemed, mistake, on the part of
those who were employed in this business on behalf of the
United States, some change or transmutation of the subject
was permitted to take place, and thenceforward fatally perplex
ail future proceedings under that commission. The agents,
on both sides, were unquestionably mo'-t respectable and ac-
complished persons, who devoted themselves vviih eminent zeal
to the interests of their respective Governments, as those inter-
ests presented themselves to their minds. But it may be
deemed to have been among the misfortunes attending the
devious course of proceeding adopted since the treaty of
Ghent, that the agents on the part of the respective govern-
ments were composed on one side entirely, of natives of this
country who had adhered to the cause of Great Britain at lb9
38
586
NORTH-EASTERN BOUNDARY.
revolution, and that no citizen of the section principnlljr con-
concerned, namely, of Massachusetts, was employed hy tho
United States. The consequence of this inadvertence wo»,
that the agents of Ore t Britain were permitted to stop niid
assume a positional Mars Hill, a solitary and isolated prnjeclion,
rising to a height uncalled for by the treaty, unarcoinpiuiied by
any of the circumstances of the descri|)lion, and dcstiliil»» of u
single feature of it — even to that solitary pre-eminrnco which
is so entirely unlike a general highland conformation, Willioitt
enquiring how this happened, or undertaking to say what ihu
American agents ought to have done under thuse circumsfuifOH,
and whether they ought not to have refused to proceed, and to
have protested at once against the total departure from llm rule
of proceeding required by the treaty, it is not too nnich to
say, that all further labor afn-r this was worse than lost, mid
thrown away. The whole of this ])roceeding was, thoncefor'
ward, conducted and carried on to its unfortunate ti'miiualioij,
without 2ny privity or knowleilge on the part of J^Ias^iaf'llUl4elll|
or any of her authorities ; and by a sequel, which was hiirdly,
{>erhaps, contemplated as a consequence of this solecism, (nl«
owing the stoppage at Mars Hill) an enormous and hiiddon
expansion afterwards took place of what assumed the apncious
form, and obiained the factitious denomination, of the Jiritinh
claim to about one third of the territory of Maine — a tract
which thereby acquired the designation, too easily allowed to
pass into use, of disputed territory ; and it is needless to Any
that this circumstance has since proved to be pregnant with the
utmost mischief to the Slate, and to have been the prolilicj
source of almost every variety of evil to its peace and proj-
perity. It turns out, by the recent brilliant scientific explora-
tion of Major Graham, as was insisted at the time when iho
pretence was brought to light, that the true line from tho Mon-
ument does not even touch Mars Hill, l)ut loaves it (piiiii to
the west, upon our side, and within the limits of Muiiio.
This false and preposterous position, indeed, has boon rectMuly
treated by respectable British writers, who are still not willinii;
to yield to the wiiole force of the A;nerican claim of right in
all its extent, in publications of ability, as entirely unli'tiiibh
and destitute of pretext. Mars Hill remains, and will Miami
for ages, a monument of the gigantic and monstrous ubsurdily
of this audacious assumption.
It is, no doubt, to be regretted that the Government of the
United States should have found this subject in such a slulp,
from the result of the commission under the 5th article of ilio
treaty of Ghent, as to be obliged apparently to recoguizo und
NORTH-EASTERN BOUNDARY.
587
i
ilio
10 give color to this extravagant claim, by the perhaps unavoid-
able form of the convention negotiated at London, in 1827,
for referring the question to nn umpire.
It was at this moment, we may remark, that Maine suddenly
saw the sword suspended, as it were, over her head ; or per*
liaps we should more fiily say, when she beheld the scales
about to be put into the hands of an arbiter, whose acknowledged
bias would be, the same whether king or farmer, to split the
difi'ercnce. Another circumstance, not calculated to allay this
concern, was the discovery of an accidental misapprehension,
into which one of the most prominent negotiators of the treaty
of Ghent had been led, in a private letter afterwards published,
written immediately after the signature of the treaty of Ghent,
which was to the effect that Massachusetts had not the shadow
of claim to any territory north of 45'', eastward of Penobscot
river. It cannot be necessary to say that this momentary error
has since been most satisfactorily explained and rectified. It
may not be wonderful, however, that Maine, at this moment,
surprised by this sudden developement, of which she had beea
alarmed by rumors, destitute of the documentary evidence that
had been made use of in relation to her title, and ignorant of
the grounds upon which it had been impeached, or of the ex-
tent to which it might have been conipromitted, without having
been consulted, neither herself nor Massachusetts, in a single
step or stage of this course of proceeding, in which her rights
were so seriously involved, — it can hardly, therefore, we say,
be wondered that Maine was induced to exclaim, through her
executive organ, that she had not been treated as she had en-
deavored to deserve.
The assertion and announcement of this new and strange
pretension was accompanied, as will be well remembered, also,
oy a sort of simultaneous charge from the Provincial powers
of New Brunswick, along the whole line of the hitherto undis-
turbed American possession and population. The boundary,
supposed to have been sufficiently established from the St.
Croix as far as the St. John, was now broke into. This as-
sault was made upon all persons, without discrimination, who
might have thought themselves protected by the authority of
Maine, or by the power of the United States, within the pre-
cincts of what now for the first time was practically marked
out as disputed territory. Process of ejectment was served
about the same time, in the fall of 1827, upon all the settlers
on the Aroostook and the upper parts of the valley of the St.
John, as intruders upon Crown lands ; and much complaint
was majte at the time, not without foundation, of the terrox
588 NORTH-EASTERN BOUNDARy.
and severity with which this sudden exercise of foreign author-
ity was employed. At this period, too, an American citizen,
who had acquired the possRssion of an original American set-
tler, seated upon a grant under the authority of the two States
of Massachusetts and Maine, at the confluence of the small
stream before mentioned with the St. John, having the protec-
tion of the Governor of Maine in his pocket, was seized by
tl''^ sheriff of the adjacent county in New Brunswick, and con-
veyed, as a prisoner, to Frcdericton.
It is due to observe, that upon inquiry into the facts, by the
Government of the United States, as well as by that of this
State, the liberation of this person was required, and an indem-
nity was demanded in a tone and spirit worthy of the occasion ;
and which afterwards served as a precedent on a similar one.
But it was unavailing ; nor did the interference operate any
alleviation to the condition of the unfortunate prisoner, nor as
an abatement to the rigor of Provincial authority. Notwith-
standing this reclamation, and in defiance of this demand by the
Government of the United States, the proceedings went on,
and the individual was triid, convicted, sentenced, and punished
for his alleged offences against the Crown and Government of
Great Britain. Baker underwent his sentence, and returned
to become again the subject of similar outrage and persecution.
The record of his trial and conviction was put into the case,
and became a part of the evidence furnished against the United
States, in the submission to the King of the Netherlands.
After this monarch had in fact ceased to be that independent
sovereign to whom the question was referred, and was obliged
to rely upon the support of tiiosc powers, among them Great
Britian, which had raised him to a kingdom now reduced to
one half, and when, under these circumstances, in the room of
undertaking to split the difference, he concluded to advise soino
agreement to that effect, and when that advice was declined to
be accepted by the Government of the United States, then
followed a period of some duration, over which we shall be
willing to draw the mantle of oblivion. It was a period of ob-
scuration arid eclipse to the condition of this (piestion, which
may be denominated the dark day of its diplomatic management.
For some considerable season the negoiiutions and transactions
between the two governmenis were shrouded in impenetrable
mystery ; and the shade was in some degree cist over the pro-
ceedings of our own. A plan was on foot, in the first place,
for adopting the proposal of the arbiter, and making it the basis
of a further compromise. This jiroject was defeated by the
refusal of Maine to enter into it blindfold. Then followed the
NORTH-EASTERN BOUNDARY.
589
singular suggestion of turning aside from the due north direc-
tion and sweeping the course towards the west, for some indefi-
nite and uncertain object, that would best answer the descrip-
tion, until it was made almost a matter of indifference whether
the highlands in question, if any such existed, should be sought
to the north or the south of the St. .John ; and it was finally
proposed, under color of seeking for highlands, to which both
parties were agreed — that is to say, the only highlands upon
which they could agree, to strike a line from the St. Croix to
the western elevated region which divides the waters of the
St. John, Penobscot, and Chaudiere.
During this season of darkness and diplomacy the rights and
interests of this State were peculiarly compromised. The
Government of Maine was called upon to disavow acts of its
citizens performed under its authority. Citizens of the State,
within its limits, for conformity to its laws, were again seized
and imprisoned in New Brunswick ; and their liberation was
requested of the Lieutenant Governor as a matter of grace and
lavor. Our civil securities, designed by tl e 1 legislature for the
temporary protection of the frontier, were dismantled, and left
to desolation. Information was refused, and the inquiry into
the state of the question stifled ; and, to crown the apparent
abandonment of our cause for a season, the care of the disputed
territory was resigned to the charge of a Provincial Warden.
The constant cry to us during this period, was peace, when
there was no peace. It is not too much to say that the powers
of the Federal Government were then in abeyance to us; or
only exerted to repress our vigor, and restrain our energies ;
and its influence was only exercised to depress and subdue the
a|)irit and patriotism of the Stale, and to silence observation
and complaint. This statement is not drawn forth without
repugnance ; but it is due to the demands of truth, and no less
to those of justice to the better counsels, by which those per-
nicious and flagrant errors were afterwards, in a great measure,
corrected and repaired. Suffice it to add, that under the influ-
ence of those counsels which prevailed in the cabinets of Great
Britain and the United States, during that season, the subject
slumbered, so far as the public were concerned, for several
years. An unavailing attemj)t to break the spell was made in
1834, in the National House of Representatives. A call
al'tervvards made in the Senate, was morfe successful. This
was on motion of Mr. Webster, seconded by Mr. Clay, in
183G. The sensation produced by the unexpected disclo-
sures of the state of negotiation, then laid open to the light,
served to re-animate and arouse the dormant state of public
590 NORTH-EASTERN BOUNDARY.
feeling and attention to the subject. Presently after the devel-
opment, just mentioned, and after a variety of previous finessing
and manoeuvreing to compass tliis object, tbe direct overture
was at last made by Great Britain, through her charge d'af-
faires in this country, to finisii the business, and to actually
split the dilfercncc, without more formality, by a division of
the disputed territory between the parlies upon equal terms.
After much fruitless discussion for n year or two longer, entire-
ly irrelevant to the issue, but in which, however, the necessity
or fitness of recurring to the State of Maine for her assent,
and for making her a party, to any project for her own mutila-
tion or distnemberment was recognized, the negotiation arrived
at a point, in which, to cut the matter short, recourse was
required to the expedient of consulting and ascertaining the
sense of the State of Maine ; that is to say, whether it would
give its consent to a conventional line of boundary.
This leads to the view of the Resolves of the Legislature on
this subject, at the session of 1S38, upon the communication
of the correspondence upon this subject, between the Gover-
nor and the Secretary of Slate of the United States ; to which
in the progress of these remarks, tbe committee look forward.
As this forms an important epoch in the annals of the question,
before entering upon that further field of observation, it may
not be out of place for the committee to recur, for a moment,
to another topic which may be fit for refiection.
The committee are well aware, that there were respectable
opinions entertained in favor of accepting the advice, or award,
such as it was, of the King of the Netherlands ; and that there
are still those, who continue to avow their regret that it was not
done. It is remarkable, and at the same lime gratifying to
observe, that as this has arisen, and the more food has since
been furnished for reflection, in the same proportion has the
truth been gaining ground, of the right of Maine ; and there
has been a progressive strength of opinion in support of the
justice and rightfulness of her cause ; until the conviction has
become so firmly established in the public mind, as to leave no
alternative, but to adopt its defence. To this conviction wo
might appeal for an apology, if one was necessary. But it is
not for iSIaine to otier any for the course that was taken.
That decision was made by the Senate of the United Stales ;
and that body for itself rejected, and refused to advise the
President to accept the result of the submission. And sup-
posing this course was in consonance with the sentiment of
Maine, either as anticipated, or expressed through her pro|)er
organs, was she to bo the last to feel the force of the injustice
wT
NORTH-EAST 'N BOUNDARY.
591
\
that would have been done h , i-, or to protest against the viola-
tion of her sacred rights? A low idea may have prevailed, it is
true, of the comparative value of the land in dispute, and a grave
one, undoubtedly, entertained, of the consequences that might
be involved in the refusal to resign it. But how is that value
to be measured ; and of what is a community to take counsel
on a question of this kind? Its conscience of right, or il« con-
cern for the event? There is an importance in principles, as
well as in consequences, not to be overlooked, and which
ought not to be oiuweighed by ordinary, or excessive scruples.
It is sufficient justification for us that the demand against us was
totally unfounded ; that the domain in dispute was entirely ours.
The success of the adverse scheme would have been that of
stratagem and circumvention ; and it was not for Maine to have
been foremost to contribute to its consummation. Leaving the
due responsibility of that decision wherever it rests, the pru-
dence of the determination of Maine, it may be observed, was
a question, so far as she alone was concerned, for herself.
The control was in the superior wisdom and discretion of the
Union ; whose councils can best appreciate the utility, or
inij)ortance, of the retrospection.
We will not pause to say that the sacrifice required was un-
compensated to Maine by any equivalent, in frontier or other-
wise, such as was, in fact, oliered at (ihent; or in any other
respect, except by relinquishing to the IJniipd Slates the useless
fortifications at Rowse's Point. Some comp' nsation of another
kind, ill another quarter, it is true, was afterwards suggested to
Maine, concerning which, we believe, there never has beeii but
one opinion. Maine, we are sure, would never consent to
barter her birth-right for any mere sordid consideration. As
a question of right, moreover, we may be sensible that the
subject had not the same interest to others, at that time, that it
had to ourselves ; nor had it been considered by Congress and
the country in the light it has since been. The right we were
solicited to surrender was, indeed, scarcely acknowledged to
be ours. Le'Ss, as has been remarked, was ihougiit then of the
triitli and justice of our cause, and of the injustice and indig-
nity we had endured, the sense of which lias since been spread,
and the report thereof rung throughout the land. Whatever
regret may still remain, that Maine had not submitted in siK'nco,
and without even that sympathy which might have soothed sub-
mission, there certainly has been loss surprise at her course of
conduct, since the character of her case and the history of
her wrongs hav(? come to be more perfectly understood ; ex-
cept, that is to say, at the extent of her patience and forbear-
.»
.S^^^-W;^:, ^f^irifTlfl^:-! -Aminv^amm
592 north-eastern boundary.
Bnce under the most aggravating and humiliating circumstances.
No reflection has long been cast upon her fidelity, either to
herself or to the Union ; and every other unavailing expression
of a doubtful kind has, we had trusted, long since died away.
It may here be added, that it yet remains to be seen whether
the course pursued by Maine upon that, as well as on every
occasion, will not prove at ouce more true to herself and to
the Union, than has thus far been viewed as being perfectly
ascertained, or she has had entire credit for.
The committee would here be permitted to observe that
they have not thought it important, at this time, to go into any
long and labored argument, or vindication, of the right of Maine
to what is termed the territory in dispute. They iiope they
owe no apology for any such omission. The day for that has
gone by. In their opinion, it has been argued quite too much
and too long already. The matter, which was nnver doubtful
to any unbiassed mind, demands no further exposition or eluci-
dation in the view of the country ; and by the (Tovernment and
people of Great Britain our voice is unheard, or unheeded.
The subject has already been discussed, with sufficient clear-
ness and cogency, in former reports of the committee to the
Legislature, and in a variety of familiar public docimients that
have been widely circulated ; and a continuance of it, it is
conceived, would take up all the time and room that can con-
veniently be assigned for the presfnt report, without any other-
wise useful and important purpose.
It is possible, however, that some apology might be due to
the state of public intelligence or expectation, whether for
omitting, or for t<iking notice of, the result of the recent ex-
ploration and survey of the British conmiissioners, and their
Ke|)ort, published and communicated by the authority of that
Government. The committee can only say, that they should
pass it by in silence, except from the general surprise and
attention which it has excited ; and that they should otherwise
leave it to the lot to which it had belter be consigned. They
are only restrained from speaking of it further atcording to its
merits, by the respect that is due to the channel through which
it comes, rather than to the source from which it proceeds ;
from speaking, they mean to say, as it deserves, of what might
otherwise be termed its impudence, its audacity, and its men-
dacity ; of its sophistries and evasions ; of its assumptions, as
well as its suppressions ; of its prolligate perversions, and its
presumptuous and extravagant pretensions. It sets at naught
and seeks to get rid, in the first place, of the settlement of the
source of the St. Croix under the treaty of 1794, no less
i
NORTH-EASTERN BOUNDARY.
than it does the description of the highlands in the tioaty of
1783 ; and it proclaims a discovery for the final solution of the
whole question, by the transposition of a point in the original
Latin grant of Nova Scotia to Sir William Alexander. Its
falsities, moreover, are obvious and palpable. In the room of
the dividing highlands, described in the treaty of 1783, it sub-
stitutes a certain new-fangled phrase, or idea, of the maximum
axis of elevation, which it pursues and carries through, over
hill and vale, along and across various streams, and crossing
severfil times the same stream, viz. the Aroostook, until it
reaches some undiscovered bourne, thence to be termed the
north-west angle of Nova Scotia. Tliis newly invented prin-
ciple, or rather name (the axis being mere matter of imagina-
tion) is understood to mean the greatest prevailing character
of elevation, in the configuration of the country, upon some
broad general parallel between the river St. Lawrence and
the main Atlantic, extending from the head of Connecticut
river, where if is made to begin, and merging in the lower
valley of the St. John, where it loses itself; or if it ever
rises again on the east bank, it is to approach the south,
and not touch the north, side of the bay of Chaleurs. This
scheme undertakes to show, upon the base of some modern
geological theory, what were the true original highland forma-
tions intended by the proclamation of 17G3 and the treaty of
1783, in the entire absence, at that time, it may be observed,
of all such notions, and indeed of all those lights that have
since been shed, by subsequent researches, upon the principles
of a science then either unknown or not deemed of any prac-
tical importance. Indeed, it has been obliged to resort to the
most fanciful and imaginary theory to account for the absence
of facts in the fpce of the country, to sustain its pure and un-
supported hypothesis.
it is needless to mention that its strength is employed and
consumed upon entirely irrelevant and subordinate, if not trivial,
topics, not touching at all the main criterion of the treaty
highlands, as ranging along the heads of rivers emptying into
(he St. Lawrence. Jt gives up the only ground on which the
British argument laid hoforo the arbiter could possibly stand,
to wit, that the higlilands in llie treaty of 1783 were not the
same as tliose described in the proclamation of 17G3 ; and it
trnmplos down equally the jiositions assumed in the statements
and supported by the evidence before the umpire, and almost
every pretext upon which he could base his conclusion. Per-
haps its most remarkable t-lciglit is that, by which it achieves a
direct line between the sources of the St. Croix and theChau-
31)
593
594
NORTH-EASTERN BOUNDARY.
II
n
i I
diere, by changing the due north direction to one nenrly west ;
and it betrays a singular and striking coincidence with the diplo-
matic scheme before mentioned for searching from the St. Croix
for highlands in which both parties should agree !
The task of entirely exposing the disingenuousness and total
unworthiness of the character of this report, in regard to all
those points in which it ought chiefly to recommend itself to
public confidence anywhere — one which your committee have
been loth and reluctant to undertake — has not, however, been
neglected by other and abler hands, by wliich it has been
thoroughly performed, and in which they are quite willing to
leave it. Besides the various publications of distinguished in-
dividuals upon this subject, the committee would allude, with
pleasure and satisfaction, to the recent report in regard to it to
the Legislature of Massachusetts — one uniting together names
the most respectable and venerable also to Maine.
The committee feel it to be desirable, before dismissing
these observations, to divest them, as far as possible, of all
undue application ; and, most of all, where they would be the
least applicable. They feel a difficulty, however, in forbear-
ing to remark, and to express their regret, in respect to the
unfortunate commentary, which is presented by the character of
this commission and report, upon the highly liberal policy
which has always prevailed in the United States, in regard to
cherishing the merit of foreigners. And it is no less due to
say, that the faithfulness, with which that favor has been re-
warded, in one instance, is only set off in a stronger light, and
more conspicuous relief, by the perfidious requital which has
been made for undeserved patronage, and the illustration
aflbrded, in an opposite and striking point of view, of mere
mercenary service.
The committee are further desirous to distinguish, and to
mark the difl^erence in their opinion, between that portion of
the report in question, which is hypothetical and argumentative,
and that which relates to the particular execution of the duty
assigned to the counuissioners, in regard to survey ; in which
respect, they are liapjjv to say, it is presumed to be superior to
any just exception.
It is no more than fit, in this respect, also, to say that the
report in question distinctly acknowledges the existence of a
range of highlands, extending along upon the riglit bank of the
St. Lawrence, and fulfilling upon that side the features of the
treaty of 1783; and that it perfectly shows that the treaty is
capable of being literally executed (as it could not avoid doing)
in that respect. Whether there was such a formation, along
NORTH-EASTERN BOUNDARY.
595
upon some parallel with the St. Lawrence at the head of the
rivers that emptied into it, known and understood to exist at
the time of the Proclamation of 1763, as well as of the treaty
of 1783, was not more a simple question for the eye, as viewed
from the margin or from the bosom of that stream, than it was
established in the geography and history of that section of
country, and was exhibited in all the good maps of that age.
The account of such highlands extends back to the earlier ar-
chives of Canada ; and it appears in the authentic records of
the seventeenth century. A graphic description of their ap-
pearance is given at that ancient day, under the reign of Louis
XIV, as reaching from the vicinity of Quebec, at some dis-
tance from the shore, quite down towards the mouth of the
river. Douglas' Political History of the British settlements
in America, (of which different editions were published from
1746, about the date of the treaty of Aix la Chapelle, until
17G0, on the conquest of Canada,) contains a like sketch of
the long range of highlands lying on the south side of the St.
Lawrence, at no great distance, for several hundred miles In
extent. They are represented as elevated and lofty heights
in that direction, with short and rapid rivers or runs of water
on that side of the St. Lawrence, according with the old
French accounts of the same section of country ; and they are
recommended to public attention, in that work, which was
published near the eve of the Peace of 1763, in connexion
with the subject of a convenient barrier or boundary for the
British Provinces, in any future demarcations. The British
Annual Register of that year, too, in its text, contained a co-
temporancous exposition of the proclamation of 1763 ; and
the highlands were there described, and their situation was laid
down and illustrated on the accompanying map, in the same
volume, as they were then and afterwards understood, and ac-
knowledged, until a very recent period.
A remarkably clear light is likewise thrown upon the char-
acter of this well known highland boundary by a document that
has been preserved among the provincial or State papers of
JSlassachusetts respecting it, bearing date in the following year,
1764. A question having been started at that moment, when
the Crown was looking up its lands in all directions, whether
the lands lying east of the Penobscot, or between Nova Scotia
and the Sagadahock, (formerly called the Sagadahock territory,)
were not more properly Crown lands, and therefore not for the
fieneral Court to grant, although includeu within the Massa*
chusetts rliarter, and therefore stretching to the St. Lawreuc ^,
it was brought before the Board of Trade, and became the
il
i 1
i I
59(3 WORTH-EASTERN BOUNDARY.
subject of discussion between the Provincial agent, and the
British Minister for that department. The Lords, at least,
thought that the Province could claim no right to the lands on
the river St. Lawrence; and it was the opinion of the agent,
though the original patent extended to the river of Canada
northward, that it was not important to Massachusetts to pre-
serve a portion of country which lay so remote, and "whose
rivers run still further" from the old part of the Province '■^into
that of St. Lawrence ;" and it was proposed, that if the Pro-
vince would cede all the claims they might have under their
charter, "/o the lands on the river St. Lawrence, destined by
"the royal proclamation to form part of the Government of
"Quebec," the Crown would waive all further dispute con-
cerning the lands as far as St. Croix, and from the sea-coast
of the bay of Fundy to the bounds of the Province of Que-
bec ; and the General Court was thereupon advised to relinquish
"t/f narrow tract of land which lay beyond the sources of all
"their rivers, and which was teatered by those that rim into the
^^ river St. Lawrence,^'' as being of little comparative conse-
quence to the Province, but "absolutely necessary to the
"Crown, to preserve the continuity of the Government of
"Quebec." This historical document shews precisely how
the narrow valley of the St. Lawrence was viewed at the time
in England, and America, to be marked o(i' by the recent
proclamation of 17G3, of which it is a cotomporaneous expla-
nation ; and exhibits therefore, in conspicuous relief, the situa-
tion of the naturally and necessarily separating, continuous
elevation.
Tliat such a range of highlands continued down the St.
Lawrence, and branched off toward the north side of the bay
of Cludeurs, was alike recognized and represented in the acts
of the Crown and Parliament from 1703 to 1774. And the
known configuration of the earth, in that quarter, necessarily
establishes such a fact.
The commiltoe need not say, that the existence of such an
elevated rise of land, along that gcjieral direction, has never
been drawn in question by any coteinj)orary authorities, or done
away by any subsequent inquiries. A topographical descrip-
tion of Lower Canada, by the Surveyor General of the Pro-
vince, published upon the conclusion of peace in 1815, and
with full knowledge of the articles in the treaty of Ghent, de-
lineates "the ridge rising at a certain distance, generally de-
" nominated the Land's Height, dividing the waters that fall
"into the St. Lawrence from those taking a direction towards
"the Atlantic ocean — along whose sununit is supposed to run
NORTH-EASTERN BOUNDARY.
597
"ihe boundary line between the territories of Great Britain
"and the United States. This chain commences upon the
"eastern branch of (he Connecticut river, takes a northeasterly
"course, and terminates near Cape Rosier in the Gulf of St.
"Lawrence." Now, it was upon this section of highlands
trending toward the bay of Chaieurs, or rising along to the
northward of it, as discernible by the eye, or determining the
water courses described by the acts of the Crown and Parlia-
ment in 1763 and 1774, where the rivers should separate off
in difFerciit directions into the St. Lawrence and into the At-
lantic, wherever that should be intersected by the meridian, or
due north line by celestial observation, from the St. Croix, —
that the bounds of the United States, defined by the treaty of
17S3, abutted.
The committee refer to this as the only real and proper
question of a geographical kind, which can arise or exist in the
case ; and nothing was ever necessary, but to ascertain and
define that true point by degrees of latitude and longitude, as
was afterwards proposed to be done by the unratified conven-
tions before mentioned of 1803 and 1806. They have adverted
to this point, and allowed themselves to look back upon this
ancient and well traced line of boundary, upon the horizon of
former times, with more freedom than there might otherwise
have been occasion, in consequence of an idea at first insinuated,
and afterwards more gradually developed, and confidently in-
sisted upon, in the diplomatic papers of Great Britain, since
the period of 1832, that no such range or rogion of highlands
in truth existed, and that the treaty of 1783 was therefore
physically incapable of execution. Such a fallacious sugges-
tion was, undoubtedly, entirely in the face of all former obser-
vation and political experience in regard to the question. If
there was room for any thing to confirm this point, it might be
found in the acknowledgment of the fact, in every form, in
which it could be made at the time of the treaty of 1783.
Authentic evidence exists that the British Minister at Paris
was possessed of all the " books, maps, and papers, relative to
the boundary," which were wanted from the public offices in
London ; and without referring to the conclusive character and
ertbct of Mitchell's map, which was regularly prepared under
the sanction of the Board of Trade and Plantations, and was
lilt' one immediately before the negotiators, all the maps known
to have been published in England from 1763 to 1783, nearly
twenty in number, carried the course of the boundary line from
the source of the river St. Croix northward, across the river
St. John, and terminated at the highlands in which the rivers
598
NORTH-EASTERN BOUNDARY.
that fall into the St. Lawrence take their rise. In all those
maps, the north west angie of Nova Scotia is laid down on
those highlands, where that north line terminates. In all, the
highlands from that point to the Connecticut river divide the
waters that fall into the St. Lawrence from the tributaries of
the St. John, and from the other rivers that fall into the Atlan-
tic. Sereral dilibrent maps published in England also between
the preliminary and definitive treaties, in November 1782 and
September 1783, lay down the boundaries of the United States
similar to those delineated in the previous maps as the boun-
daries of the Provinces of Quebec and Nova Scotia, and
as they have ever since been claiined by the United States.
All the world knows, that this was pointed out and demonstra-
ted, without any denial, in the debates in Parliament immedi-
ately upon the treaty ; that it was defended by the Ministry
who had been put in to make peace upon terms which they
were disposed to render favorable to us, and that the contest
was determined against them upon that ground. If access could
even now be had to the various depositories of the papers and
correspondence passi' g between the British Ministry and its
negotiators at the peace of 1783, your committee have the
persuasion, that a still more conclusive light might be cast,
if it were possible, upon the intentions, as well cS the terms, of
that treaty, so as to dispel all shadow of doubt, that might rest
upon that question, even in England.
It is unnecessary to repeat the deep concern and mortifica-
tion, with which Maine became acquainted with the State of
negotiation on this subject, in 183G. It was shown to have
been so strangely conducted, under the long course of diplo-
matic, management, that almost every trait of the treaty of
1783 was eflaced, and all the real and permanent features, or
characteristics, of the question, were quite altered, or lost sight
of. And it was finally insisted by the British Minister, forget-
ting the late height of Mars Hill, that a due north line from the
St. Croix would strike no highlands described by the treaty.
The topic, indeed, was taken up, as though it was fresh ; and
was treated as if there had been no previous treaty at all about
it. Without making any other remark in regard to the mode
in which the subject was thus managed, it is no more than
proper to say, that it served as a prelude to the further project,
afterwards disclosed, for unsettling the source of the St. Croix,
and striking a line across the country, to the head of the
Chaudiere. The same spirit had only to travel back, whether
in the shape of critical acuteness, or geological research, and
i
NORTH-EASTERN BOUNDARY.
599
remove the highlands described in the proclamation of 1763
from their heie;hts where they sent their streams into the St.
Lawrence, to that interior and formerly unknown region, where
they might be conceived to constitute the maximum axis of
elevation : or to go yet further to the suppression of that por-
tion of the old cliarter of Massachusetts which contemplated its
" extending from the river of Sagadahock to the gulf of St.
" Lawrence and Canada rivers," &c. and also of the passage
as quoted in the American statement before the King of Hol-
land from the letter of the roval Governor of Massachusetts to
the Board of Trade in 1700, that " as to the boundaries, we
" have always insisted, and shall insist, upon the English right,
" as far as the St. Croix ;" or furthest and last of all, by
vouching a stale philology, in aid of a new invented and apo-
cryphal geology, so as to change the original direction of Sir
William Alexander's obsolete grant of Nova Scotia from the
northward, in a straight line, toward the west, to the head of
the remotest river, the Chaudiere, that falls into the St. Law-
rence, opposite, or just above Quebec.
From publications like this last, again alluded to, not without
repugnance, it is refreshing to the testimony of a moral sense
in the human breast, to turn to opinions in relation to the gen-
eral subject in recent and respectable Enghsh periodical works,
delivered in a tone as well as, we doubt not, a spirit of equity,
moderation, and candor. If the committee cannot emulate, as
they would wish to, they can at least acknowledge, a tone and
temper like this ; and they can at least hail it as an auspicious
harbinger, of a dawn, if not a day, that bus not even yet fairly
broken — oh, when will it ever burst again — from the oriental
glory of old England, upon the broad, eternal ground of truth
and justice !
It is trusted by the committee, that this retrospect will not
be regarded as unimportant, nor the last portion of these remarks
bo deemed as a digression, in view of the period which they are
approaching, of 1S3S. Previous to which, it may be men-
tioned, that a strong solicitude was awakened in the breasts of
the people of this State by observing the advancing progress
and extent of British usurpation, and encroachment upon the
disputed territory. One of the most extraordinary, was the
project for a rail-road, proposed by the Legislature of New
Brunswick, called the St. Andrews and Quebec Rail-road
Company, to which the Legislature of New Brunswick pledged
its co-operation, and which was patronized by a royal grant of
£10,000. A rail-road of this description, it was plain, must
have intersected the State of Maine quite south of the St. John ;
(JQO NORTH-EASTERN BOt'NDARV.
and the plan of it was to cross llie lino at Mars Hill. 'I'lii* on*
terprise did not escnpe the vigilance of the Legislnliiro ; luid
allhoitgh it was relinquished, the demonstration vva* not IomI
upon the public mind. The subject was taken u|» at the ennuinj^
session of the Legislature in 1837 ; and the joint conimitluu
on the North-eastern Boundary was instructed to iiiqulro into
the expediency of providing by law fur the np|)i)iiiiuiiiit nf
commissioners on the part of the Stale, by the conscnl of thn
Government of the United States to survey the lino between
this State and the Province of New Urunswicic, according lo
the treaty of 1783, and to establish monunuMits at such pliu'on
as should be fixed by such commissioners, and by coinini'*-
sioners to be appointed on the part of the (jovcrnniLiil of ( J rent
Britain. Upon the report of that comuiitleo a j)ro[>t'ily mudi-
fied Resolve was adopted by the LegislaKne, tliat the (»(iv(;rncir
should be authorized and requested to call on the President of
»' the United States to cause the North-eastern Boundary of ilio
State to be explored and surveyed, and monumentii ere<;led,
according lo the treaty of 1783 ; that the co-operation of
Massachusetts should be solicited ; and our SenatorH iiiHirneied
and Representatives requested accordingly. In consoquenro
of this Resolve, it is well remembered, an appropriation wuh
obtained in Congress, on the motion of Mr. Kvans, of the ;iuni
of $20,000, for the purpose of such survey, and (o curry iho
object of it into effect ; in regard to whi(;h it is iieodleMS to
remark, that nothing was ever done; nor is it recollectuil ihiit
any other reason was ever given for the omission thun ihn
existence of some negotiation. The uppropriation \\s\» liniltint
to two years. In the interval, it wiji not be forgotten, anolliRr
American citizen, and it is hoped, the lust, was arrested, vvilhiii
the Madawaska precinct, in execution of a duly asdij^nod to
him by the laws of the United States, under the local aiilhori-
ties of Maine, and was imprisoned, once and again, until liH
was eventually Uberated. This seizure was made the snhjuet
of complaint and reclamation in the same manner that hod I/eon
adop'.ed in the former case ; and with similar success. 'I'lmso
reclamations, it may be observed, have remained over hinre
suspended. The National Government have recognized llieir
correctness on the part of Maine, and have acknowlf!(li;( d ilia
title of the State to compensation. But the deepest iuiurftd. .'. ^j
was made upon the public mind, at this last |)eriod, by lliu .j^ Vj
marching of British troops across the upper part of tlii? tei ',:•,<■
in the latter part of 1837. Of the intention lo do thin, Iho
committee would observe, that simple notice was f^iven by llie
Bri'ubh 'jJoveroment ; and it was accepted, and coniiuiiiiicaicd
•i
II
e
o
tl
f
NORTH-EASTERN BOUNi^ARY.
60 (
I
as an act of courtesy, to bo duly appreciated by ours. The
coinmiltee feel restrained by motives of a ligh, prudent, and
moral nature, from commenting on this circumstance, in all the
relations with which it is concerned, and in regard i all the
reflections and emotions to which it gives rise. Candor requires
the admission, that the national administration did not at that
moment foresee the consequences of this inconsideraie facility,
or probably anticipate that it would terminate, as it has done,
in an actual and apparently absolute occupation of that part of
the disputed 'errii iry by an established British military force.
The corn' i,( ;e :ae willing to say, that they do not wonder
at the f'iuj i'!i'- v.'l ci. was found to understand the subject, or
to pei. fjive ull its j)roper relations, in the state in which it was
left provio'i-i fo the period of the late administration ; and they
ro.idily acku nvledge that, making duR allowance for the embar-
<;; nent in taking it up at lirst, there has been no want of an
auio and sincere attention to its interest ; and that it has been
passed ffou: the hands of the late Secretary of State in a much
better condition than he found it.
The committee have now come to the period when Maine
had so long seen herself exposed, without having any adequate
shield against the aggressions and encroachments of the Pro-
vincial Government of New Bnmsvvick, upon her borders ;
and when, feeling the extreme inconvenience and danger result-
ing from not having any marked and established frontier, she
was compelled by necessity to take the work of ascertaining it
into her own hands, and of determining it, so far as she could,
unless she should be relieved from the task by the superior
prudence and power of the General Government. This State
saw clearly the importance and propriety of causing this to be
done, if it could be so, by the authority of the United States;
and if that recourse failed, the State was no less clear in regard
to the duty it was owing to itself. Indeed, it saw no other
alternative. At the same time, therefore, that the Legislature
refused to give its consent, beforehand, to a conventional line,
it further resolved that unless the Government of the United
States should, alone or i i conjunction with that of Great
Britain, run and mark the line, by a certain time, (which was
fixed in S'^ptcmber, to await the adjournment of Congress) the
vornor of the State should enter upon the execution of that
measure. No provision, however, was made for the necessary
expense of that service, beyond what was contained in the
ordinary contingent fund. That Resolve and this fund were all
that the Executive of ihc State had to guide and to aid him.
The committee do not stop to state at length the views that
40
602
NORTH-EASTERN BOUNDARY.
were taken of the subject by the Governor of the State, at
that period, under the duties prescribed and enjoined upon him.
They are exhibited in the communications made by him to the
Government of the United Stales, and especially to the dele-
gation of this State in Congress. Those views might be re-
ferred to still with interest and satisfaction ; and it would give
the committee pleasure to copy them into this report. In
substance and amount they were : — that Maine was not desirous
to assume the attitude required by her Resolves ; that the
people looked with intense interest to the expected action of
Congress and of the Federal Executive upon the subject ; and
that their earnest wish was that the United States would go
forward in the matter ; that the State did not seek to act inde-
pendently of the United States, but did feel that the su^iect
belonged properly to the Government of the United Stai.es ;
that the question was a national one, and the action thereon
should be national ; that it was important that the Provincial
and the British Governments should understand that what was
to be done should be so under the authority of the General
Government, and would be sustained by it ; for so long as they
supposed that Maine was not acting in accordance with the
sentiments of the United States, but proceeded on her own
responsibility, alone and unsupported — so long must we expect
a repclitinn of outrages upon onr rights and upon the j)ersons
of our citizens and agen's. Maine was obliged to move upon
her own responsibility ; but no just inference was thence to be
drawn that she intended to absolve the General Government
from its constitutional obligation, as the principal, responsible,
guardian power ; and the course prescribed was evidently in-
tended to be pursued only in the last resort, to assert our
rights, all other measures failing. But in that respect the de-
termination of Maine was announced to be fixed and settled ;
and, so far as rested on her Executive, her will, as expressed
by the Legislature, should be faithfully obeyed and executed.
The committee do not deem it necessary to go into all the
circumstances of that eventful Resolve, and to review the
whole transactiotis of that period, in which our cause was
raised from the character of a border quarrel — one in which it
had too long been viewed in other parts of the Union — into its
due relief and importance ; when it was presented to public
favor, and placed in the foreground of our public aflairs, and
lifted into the clearer light of day, as a matter about which
there could be no doubt, and there ought to be no further dis-
pute and delay. It was rescued, at tlie same time, from the
deadly repose of diplomacy ; and almost redeemed at onco
NORTH-EASTERN BOUNDARY.
603
from those enormous errors and obliquities, in which it had been
involved by the predecessors of the now late Secretary of
State. An arrangement was, at this point of time, without
waiting any further, proposed by him to the British Govern-
ment, under the direction of the President, to test the correct-
ness of the opinion of the State of Maine, that the line
described in the treaty of 1783 could be found and traced,
whenever the Governments of the United States and Great
Britain should proceed to make the requisite investigation, with
a predisposition to eftect the desired object. It might seem
strange to be sure, that the question should be supposed to
have arrived at such a pass ; and the mode in which the inves-
tigation was taken up, at that particular moment, was far from
being satisfactory ; but it undoubtedly appeared to the Execu-
tive of the United States to be best ; and it was regarded,
indeed, it is believed, as the only alternative that could be
adopted, to the total rupture of negotiation. Whether that
was of so much real importance as was then, perhaps, con-
ceived, the result has hardly yet proved. The subject was,
however, by this means, unavoidably taken out of tlu immedi-
ate hands of Congress, as a matter of practical consideration
and proceeding, further than the occasion was thereby afforded
to call for its definite opinion and decision thereupon. And it
must be owned to have been a great and sensible relief to the
State of Maine, and it awakened her warmest gratitude, that
her call for the judgment of Congress was followed by the cor-
dial and unanimous recognition of her rights by both its branches;
and by the subsequent acknowledgment, so long suspended, of
her title to recompense for essential and vital wrongs.
The cause of Maine was then adopted and made, not only
the cause of Massachusetts and all New England, but the causa
of New York and Virginia, of Pennsylvania, Ohio, and Ken-
tucky, and, in fine, of the whole Union. While all might not
have been done by the Federal Government that was desired
by the Legislature, it is due to acknowledge that all was dona
by Congress, that was in their pov.cr, under the circumstances
in which they were called to act, consistent with the previous
coiu'se of the President, in re-opening negotiation. Whether
there is any reason for regret, in respect to that course, as
before intimated, it is not within the province, if it were in the
power, of the committee to determine. Tlioy may, perhaps,
be permitted to observe, that llicre was a full report made, at
that period, of the agency instituted under the State Executive
for the purpose of olitaining the constitutional sanction and co-
operation of the (jovernment of the United States. Full
604
NORTH-EASTERN BOUNDARY.
justice was intended to be done, as the committee may believe,
in that report, to the principal actors in that interesting and
important matter ; and a merited tribute was paid to those dis-
tinguished persons in the Senate of the United States, particu-
larly, who took a leading part in the discussion and decision.
The only difficulty was in assigning to individuals their proper
share of that merit on our behalf, which, if so well deserved
by them, was justly due to all. If there was an omission to
be repaired, it might have been in respect to the names of the
two representatives of Maine therein mentioned as having taken
an effective part in the finally successful course of proceedings
in the House of Representatives. There was no occasion to
say that those two representatives were Mr. Evans and IVIr.
Fairfield ; both of whom have since been remembered with ihe
most respectful consideration by the State, and the memory of
their arduous and faithful services on this subject is yet fresh in
its mind. Without disparagement also to the constant and
faithful services of a Senator from our own State, (Mr. Wil-
liams) which are also entitled to their due acknowledgment, the
committee may be allowed the gratification of adding that the
cause of Maine, in the true sense of the word, had no more
decided and determined champion in the Senate, than the
present worthy Governor of Massachusetts.
If the Resolves of 1838 did not entirely reach their object,
they may be well regarded as having accomplished their end.
This was done, we would remark, in the first place, by means
of those joint unanimous Resolutions of Congress, which as-
serted the rightfulness of our claim, and the practicability of
running and establishing the line of boundaiy agreeable to the
treaty of 1783 ; and secondly, by engaging the co-operation
and su|)port of the Government of the Lulled States, so much
in accordance with the spirit, if somewhat short of the letter,
of our Resolves ; thirdly, the fulfilment of the course of action
adopted by the (General Government, so far as it proved de-
fective upon a strict construction of those Resolves, was neces-
sarily furnished by the conclusion of the Kxccutive of the
State to go on and (.'xecuto the instructions of the Legislature,
as he had unequivocally announced his intention to do, in that
emergency. The absolute mandate of the Legislature left him
no alternative ; and although the path on which he was obliged
to enter was one beset wilh diflicult; and disconragenient, he
was equal to what the occasion required. The committee are
proud to recal that he had the satisfaction of being seconded,
olso, in carrying the undertaking into efiirl, by that constant,
ardent, and indefatigable advocate of the rights and interests of
■
NORTH-EASTERN BOUNDARY.
605
Maine, the late John G. Deane, over whose recent and un-
timely grave we are called to pause, without turning aside, and
to bestow the passing tribute due to his honest worth, and his
persevering and devoted spirit.
And, finally, we may consider the end of those Resolves to
have been accompljshed, in a material respect; that is, in re-
gard to ascertaining, what was the immediate object of that
expedition, and which never fairly admitted of a question — the
feasibility of the undertaking, if there was a disposition to go
about it in good earnest. We may likewise be at liberty to
look upon the late subsequent proceedings, instituted under the
direction of the Government of the United States, for the
exploration and survey of the treaty boundary upon the north-
east angle of the United States, as the final, though tardy,
result and confirmation of the juevious consequence of the
Resolves and proceedings of 1838 in this same respect.
Without questioning whether the American Government ought
to have allowed the British to have been in advance, upon an
investigation of this kind, it may afford sufl^icient satisfaction
that the main object has so far been answered, and that the
Resolves of 1838 have been thus, in some important respects,
although still imperfectly, performed.
In this respect the committee may allude, with gratification,
to the so far satisfactory results to which the commissioners
recently appointed by the Government of the United States
have arrived, as already communicated. Without deeming
them to have been of absolute and essential importance, we
may regard them as auxil'-ry to what had been already accom-
plished, and as tending to carry out the purpose of the Resolves
of 1838 to their final completion. The character of the recent
exploration is one well calculated to gain respect and confi-
dence ; and wo hope it maybe speedily )>ursued to the final
determination of the lines it will be the object to run and mark.
The committee have now come upon a period at which
Maine was called upon to test the firmness of her principles,
and the fortitude of her purposes, and they may further say,
the btronglli of her Resolves, upon a sudden and somewhat
u'lloresecn emergency. This was in consequence of informa-
tion communicated to Governor Fairfield, on entering the duties
of his oflicc, as successor to Governor Kent, in 1839, and by
him, confidentially, lo the JiCgislalure, that there was a large
assembly of unknown individuals upon the border, many of
whom were from the British Provinces, engaged in trespassing
extensively upon tlio lands belonging to this State and Massa-
chusetts, within the proper jmisdiction of Maine ; and it was
606
NORTH-EASTERN BOUNDARY.
further stated, that they not only refused to desist, but that they
defied the power of this Government to prevent their commit-
ting depredations upon the timber within the territory, to any
extent they pleased. In consequence of this communication,
and the evidence in support of it, the Land Agent of the State
was authorized, by a special Resolve of January 24, 1839, to
employ forthwith sufficient force to arrest, detain, and imprison
all persons found trespassing on the territory of this State, as
bounded and established by the treaty of 1783. In proceed-
ing upon the execution of this duty, upon the south side of the
St. John, and west of the meridian dividing Maine from New
Brunswick, the Land Agent was surprised and seized by an
unauthorized force from the other side of the line, of the same
character, if not in connexion, with the general trespassing
parties, in the night, and was drawn, with circumstances of in-
dignity and precipitation, to the seat of the Provincial Govern-
ment, at Fredericton. There he was received, detained, and
treated as an offender ; and shortly paroled, as a prisoner of
State ; so that, in addition to the indignity, to which this State
was thus subjected by the seizure and captivity of her ofiicial
public agent, representing her supreme power, and acting under
the direct authority and commission of the Legislature, it had
to endure the further mortification of having tiie appropriate
duties of that high officer discharged by a paroled prisoner of
her Britannic Majesty's Lieutenant Governor of i\<'w Bruns-
wick, liable to be called to answer at any moment for official
acts by him performed upon the territory in question ; while it
had, at the same time, to digest the double disgrace of receiv-
ing this derogatory boon, under degrading circumstances, from
a deputed power, which demanded the whole disputed territory
to be under the immediate custody of a Provincial Warden.
To pass rapidly over events so recent, as not to require re-
cital, and not to burden this report with details of which we
may retain, perhaps, too deep and vivid a recollection, it may
be observed, in passing, that the course thus adopted by this
State, in resorting to its own power for protection, and moving
upon the emergency to repel lawless aggression, was one, of
which the legitimacy was recognized as well by British as by
American jurisprudence, and it was allowed by Congress to
have been exerted in strict conformity to the established prin-
ciples of the Auidamental law of both countries. The first
appeal, moreover, to military force was made, and so declared
by Congress, by the Lieutenant Governor of Now Brunswick;
and the consequent proceedings on the part of Maine wero
acknowledged to have been purely defeusi\ e. The pretension
NORTH-EASTERN BOUNUARV.
607
assumed by the Lieutenant Governor of New Brunswick was
considered as excluding the civil, as well as the military power
of this State. It no less rejected the right of the United
States, than that of Maine, to interpose any authority to pre-
serve the peace and order of a portion of country, to which
the British Government could extend nothing but a naked and
destitute claim ; and which portion was comprehended in the
ancient recognized jurisdiction of Massachusetts. These facts
and principles were embodied in an able and patriotic report
from the committee of Foreign Affairs, presented in the House
of Representatives, on the 28th of February, 1839.
Maine has not forgotten the generous and simultaneous sym-
pathy which swelled throughout the land, nor will she cease to
bear in mind the noble burst of indignation, which arose in the
halls of Congress, above all other interests, on the occasion of
this movement from New Brunswick, and the stand assumed
by Maine. The demand upon this State to divest herself of a
jurisdiction practically established, and perfectly defined, and
to surrender it to a contiguous foreign province, was listened
to with astonishment ; and the idea was not tolerated for a
moment. The objection to the military occupation of the
disputed territory by Great Britain was pronounced to bo
insurmountable ; and the execution of orders to that eflect was
proclaimed to be incompatible with the honor of the United
States. The pretence, that there was any agreement or under-
standing, that Great Britain should occupy the territory as she
claimed, pending the controversy, was instantly repudiated ; and
the right of the State to the control and protection of her own
domain fully asserted. The appeal, that was made by Maine
at that moment to the General Government, met with a prompt
and immediate response. The reply was one that manifested
a duo sense of her rights, by spreading over them the ample
folds of the federal union ; and the sensibility of Congress to
the claim of the State for protection expressed itself at once
in the most eflcctivc and emphatic form. By an act of Con-
gress upon the report of the committee of the House, the
President was authorized to resist and repel any attempt on
the part of (rreat Britain to enforce by arms her claim to ex-
clusive jurisdiction. The whole military and naval forces of
the United States were placed at his disposal, with such por-
tions of the militia as he might sec fit to call out for our pro-
tection. Ten millions of dollars were appropriated for the
purpose ; and a special provision was further made for the ap-
pointment of a Minister to Great Britain, if the President
should consider it expedient. This act was to continue in
608
NORTH-EASTERN BOUNDARY.
foro until sixty days after the commencement of the then next
session.
Maine, in return, was solicited and appealed to, to rest sat-
isfied with this vindication of her sovereignty, and to rely on
this full assurance of protection ; and this act of Congress was
presented to her, at once, as a pledge on the part of the Gov-
ernment, and as an inducement to prevail upon her to withdraw
her military force, then rightfully in arms to sustain the civil
authority and to repel invasion. The conunittee almost quote
the puhlic language employed by high authority on that occa-
sion ; and they may refer to the general character of the acts
and declarations of the federal goveinment in our favor. An!
they would take this fmther opportunity to say, with sincerity
and pleasure, that if there has been any real want of vigor in
the course of the late national administration u|)on this impor-
tant subject, there h^i been scarcely any failure of the most
uniform, conciliatory, and respectful treatment toward the State
and its official authorities.
Upon view of these measures of the national Government for
the protection of the State, and in particular, of the provision
also for the appointment of a special Minister to the Court of
St. James, the Legislature passed a Resolve on the 23d of
March, 1839, which assorted the right of the State to exclusive
jurisdiction over all the territory that lies west of a due north
line from the monument to the northwest angle of Nova Scotia,
to wit, all that had been called the disputed territory ; and it
denied the competency of any other authority to limit or impair
the exercise of that inherent right, according to her own sole
judgment ; and expressing at the same time an earnest desire
to come to an amicable adjustment of the whole controversy,
(referring immediately to the provision for the appointment of
a special Minister,) it did further resolve to forbear to enforce
her jurisdiction in that part of the territory, of which the pos-
session was then usurped by the Province of New Brunswick,
so far as shn could do so, consistently with the maintenance of
the former Resolve of January 24th, which has been mentioned;
and in relation to that late Resolve the Legislature still declared
it to be no less the imperative duty, than the unalienable right
of the State to protect Lji public domain from dopredution and
plunder, up to the extremest limits of her territory ; and that
moreover, no power on earth should dri\ c her from an act of
jurisdiction so proper in itself, and to which her honor was so
irrevocably committed.
The Legislature also expresscfl its perfect approbation of the
public measures pursued by Governor Fairfield in relation to
NORTH-EASTERN BOUNDARY.
609
stand to, and sustain
i
:
nd further declared its determination to
execution of, the aforesaid Resolve of
January 24th. It, however, authorized the Governor, when-
ever he should be satisfied that the exigency had ceased, and
that all intention of occupying the disputed territory with a
military force, and of attein|)ting the exj)ulsion of our own party,
had been abandoned, to withdraw the militia, leaving the Land
Agent with a suflicient posse, armed or unarmed, as the case
might retpjirc, to carry the said ilesolve into c/lect.
The Legislature, at. the same time, (having befure them the
recent demonstration made under the direction of the former
(iovernnr) deemed that the entire practicability of running and
marking our North-eastern Boundary line, in strict conformity
with the definitive treaty of peace of 1783, was placed beyond
a doubt ; and further declarcid that a crisis had arrived, when
it became the duty of the Government of the United States
forthwith to propose to that of Great liritain a joint commission
for the purpose of running the line accordingly ; and in case of
refusal on the part of Great Britain, it was incumbent on the
United States to run the line upon their own authority, and to
lake possession of the whole disputed teiritory without unne-
cessary delay.
In the mean time it may he remarked, that a preliminary
arrangement had been entered into by a memorandum signed
on the 27 th of February, 1839, between the Secretary of State
and the British JNlinister; which, after stating the different
views entertained by the two parlies on the point of jurisdic-
tion, proposed, that while the Lieutenant Governor of New
Brunswick should not M'ithout renewed instructions undertake
to expel l)y force the armed jiarty employed upon the Aroos-
took by Maine, it should on the other hand be withdrawn by
IMaine ; and furthermore, that all future operations for protecting
the territory against trespassers should be carried on, either
jointly, or separately, by agreement between Maine and New
Brunswick.
With the greatest deference to the higlt source from which
this proposal proceedud, the committee cannot close their eyes
to the singular and somewhat extraordinary nature and character
of this recommendation. Maine had, to be sin'c, been com-
pelled to act, upon a sudden occasion, in self defence ; but she
hail not presumed to enter into any relation with New Brims-
wick, in face of the absolute clause of tlin Constitution which
forbids any State, without the consent of Congress, to " enter
"• into any agreement or compact with another Stale or with a
" foreii.';!! power, or engage in war, uulesi actually invaded, or
41
610
NORTH-EASTERN BOUNDARY.
" in such imminent clanger, as will not admit of delay." Cer-
tain stipulations are slated and understood to have been sub-
scribed to and interchanged between the then Governor of
Maine, and the Lieutenant Ciovernor of New IJrunswick,
under the mediation of a distinguished military ofiicer, sent
hither by the General Goveriinieiit ; but they have not been
understood, on the part of this State, to have exceeded the
limits prescribed by the coteniporancous Resolves, of which
alone they could have been in execution, or fulfilment, so far
as this State is concerned ; and as to any further virtue or
efficacy, the subscription must, the committee conceive, derive
its authority entirely from the commission given by the Gov-
ernment of the United States to Major General Scott.
Be that as it may, the request, recommendation, or agree-
ment, (whatever it was) was immediately complied with and
performed on the part of Maine, under the sanction of the
National Government ; and under a full reliance, also, upon its
guarantee against any adverse military occupation of any part of
the disputed territory by Great Britain. Upon the proposition
made by General Scott to Sir John Harvey, it was signified
by the latter not to be his intention, under the expected renewal
of negotiations between the cabinets of London and Washing-
ton, on the subject of the disputed territory, without renewed
instructions from his Government, to seek to take military pos-
session of that territory, or lo seek by military force to expel
the armed civil posse or the troops of Maine.
This being, in the view entertained by Governor Fairfield,
the exact contingency contemplated by the Legislature in the
foregoing Resolves, he did not hesitate to conform lo the stip-
ulation, by recalling the troops of Maine at once, and dismis-
sing them to their homes. It appeared to be the course
prescribed to him by the Legislature ; such an one as might be
adopted vviihoul compromising the rights or dignity of the State,
which had never, as he stated, projuised to take military pos-
session of the territory. Our objects had been only, in the
first place, to protect the territory from devastation by trespas-
sers ; and secondly, to resist the opposite threats of expulsion
by military power. Our militia hail maintained their ground,
while the exigency that called them out remnined. When thai
was removed, the withdrawal of the troops was i;o abandon-
ment of any position taken by (his State. An ordinary civil
posse was thereupon substituted, and stationed at one or two
points only upon the Aroostook and St, .1ohn, barely sufficient
for the intended purpose of preventinti trespass.
It is unnecessary to mention, that, under all these circnm
*
NORTH-EASTERN BOUNDARY.
611
■ft-
I
ft
iiances, ihe presence of any actual or impending military force
upon our frontier was presumed to have been entirely removed.
Sucli appears to have been the persuasion of Governor Fair-
field when he prepared to meet the Legislature at the opening
of the session of 1840. But the coniniunication he was about
to make was obliged to be modified by the information which
reached him. in reply to an inquiry he had addressed to Sir
John Harvey, founded on previous rumor, that the British
Government was about taking a military possession of the region
of Mjda\vn»ka. In this reply, it was acknowledged, that on©
or two companies had been stationed at Temiscouata Lake ;
that this was done, however, not by orders from him, the
Lieutenant Governor of iS'ew Brunswick, but by virtue of au-
thority superior to his, namely, that of the Government of
Lower Canada. Through less official sources, accounts were
received, aliout the same lime, of the building of barracks by
the British Government near the mouth of Madawaska river,
on the St. John. These movements were naturally regarded
by Governor Fairfield, under whatever branch of British au-
thority, or upon whatever pretence, they might be made, not
more clearly as a violation of the spirit of the arrangement that
had been adopted in the March previous, than as an absolute
invasion of our territory, and as such, demanding the imme-
diate and vigorous interposition oi the General Government
enjoined by the Constitution and laws of the United States.
In an ensuing correspondence, these measures on the part of
the British were justified or defended by their Minister at
Washington, on the grounds of a general report, of which that
Government was said to be fully aware, charging the Legisla-
ture of xMaine with the intention, during its then session, of
revoking the provisional agreements then in force, and autho-
rizing some new and extensive, nameless, act of aggression
over the stipulated territory. From this offensive charge the
State of Maine was justly vindicated by the Secretary of the
United States ; and the imputation was repelled with an equally
measured Ibice and pro])riety of expression ; and this vindica-
tion was ac'ompanied with a due demand J'or the removal of
the invading force.
The Legislature at its next session, by its Resolves of
March IS. 1840, gratefully acknowledged the patriotic enthu-
siasm with which several of our sister States had, during the
preceding year, tendered their aid to repel threatened foreign
invasion, and hailed the pervading spirit of self sacrifice and
devotion to national honor throughout the Union, as auspicious
to ])reserving the integrity of our territory. They recognized,
NORTH-EASTERN BOUNDARY.
moreover, in like manner, the promptness ami unanimity witli
which the last Congress, at the call of iho tState, had placed
at the disposal of the President the arms and treasures of the
nation, for our defence ; and they regarded the firmness of its
Executive in sustaining the course of tiie rotate, and in repel-
ling the charge of any ii. fraction of arrangement on the part of
this Slate, and retorting a violation of agreement upon the
IJritish Government, and the decision manifested in demanding
ihe removal of the British troojis, then quartered on the dispu-
ted territory, as tlie only guarantee of a sincere desire for an
amicable settlement of the bound;M'y question, — all these acts
of the Government, combined wiili the union of public senti-
ment, they looked upon and regarded as aflbrding confident
assurance that this State would not be compelled single-handed
to take up arms in defence of its territory and of national
honor ; and they further avowed the conviction that the crisis
was near, when this question would bo settled b) the JWilional
Government, either by ncgolialion, or by the uliimate resort.
It was, moreo' or, resolved, that unless the British Govern-
ment should, during the then session of Congress, make or
accept a distinct and satisfactory proposition for the immediate
adjustment of the boundary question, it would be the duty of
the General Government to take military possession of the
disputed territory ; and the Legislature did tliereiu, in the name
of a sovereign State, call upon the National Government to
fuKil its constitutional obligation to establish the line, which
ihey had acknowledged to be the true boundary, and toprc'ect
this State in extending her jurisdiction to the utmost limiti. o>
our territory.
And finally, these Resolves declared, that this State had a
right to expect that the General Government would extend to
this member of the Union, by negotiation or by arms, the pro-
tection of her territorial right-;, guaranteed by the Federal
compact ; and thus to ^avo her from tho necessity of recurring
to those ultimate rights of self defence and self protection,
which do not dcjienil upon constitutional forms ; auc they con-
cluded that should this coiilidence he disappointed, in view of
such a speedy crisis, it would become the imperative duty of
Maine to assutue the defence of the State and of National honor,
and to expel from our limits the British troops then quartered
upon our territor)-.
In proposing to take an observation of our exact position,
and in regard to om- situation, under the terms and import of
our Legislative Resolves, and under all the circumstances in
which we are necessarily placed, at the present period, the
n
NOUTH-EASTERN BOUNDARY.
G13
lul
of
of
of
in
liO
romniittoe would remark that tlipy have been cuided by the
public (locunrieiits, that have emanated from the (Jovernments
of the United States and of this State, so far as they have ex-
tended ; it so happenin;; that tlicre has boon no report, such
as was formerly usual from the standing committee upon this
subjt'tt, for (ho last luo years. The active duties in which
the State l;as been ueci'ssariiy ent^ni!;ed durinsi that interval,
may naturally account for the omission ; and the committee
may bo ])erniiited to allude to it, as an apology, if one is to be
offered, for the more extended r[w<z,c which the present report
has taken, in regard more parlicuhu'ly to the transactions and
events of the last three or four years, which have been so
prec;uant with momentous concerns and con5C(|ucnccs.
The last liCgislature, it has been noticed, invoked the Gen-
eral (jovcriimeut for protection fiud for the settlement of this
([uestion shortly by negotiation or hy arms ; and unless a dis-
tinct and satisfactory proposition for the immediate adjustment
of the question should be made or accepted by the British
(Jov(!rnment, during the session of Congress which expired
last year, it solicited ihc (ieneral (lovernment to take military
possession of the disputed territory.
In view of these Ucsolv-:'^. tlie committee would remark,
first, that the appropriation madt:. by Congress io 1S39, making
extraordinary provision for military force, and for a special
embassy fo JCnglaiifl, had already expired, at the passage of
the Resolves. Instead of adopting this last course, which
appeared to be recounncnded bv Congress, and which might
liave been the means of at least preventing the long delays
reipiired by interchanges across the AtlaiUic, (without making
any remark, lor which there might well be room, on the in-
structions to Mr. Stevenson, of March G, lSo9,) it seems that
the ordinary sliig<i,isli course of nea;otiation was resumed, and it
was to be carried on tli(3ncefor\vard at Washington.
Soon after the close of the session of the Legislature in 1839,
and the teruiination of that matter, a proposition was made by
the British (jovernment to our own for establishing a commis-
sion of exploration and survey, but one so loaded with such
limitations and qualificalions, as to cause its rejection by the
President at once. Subsetpiently, in the course of the next
summer, a counter project was suhmitted to the British Gov-
ernment, which included ;t provision for the certain and final
adjustment of the limits in dispute ; and it was kept by that
Gfivernment for some time under consideration. Jt seems no
reply had been received by the President at theconmiencement
of the session of Congress in December (1839.) In the
614
NORTH-EASTERN BOUNDARY.
meantime the British Uovernment instituted the s|)«eiul com-
mission, whicii has been referred to, for the cxpiurutiori of I ho
territory. It appeared by a subsequent official cominunicatiuti
from Lord Pahuerston to Mr. Fox, laid before Parliament in
June, 1840, " that the British Government then concurrctl wiili
" tlie United States in the opinion, that the next nn asme to bti
" taken by the two Governments should contain, in its dcluiU,
" arrangements which should necessarily lead to hoiiio (Iniil net*
"tlement." At the same time the British Goveniment tiigiii-
fied its willingness to assent to the principle of arbitration.
The note from Mr. Fox to Mr. Forsyth, convoying tliia
concurrence and absent, dated June 22d, 1840, accorclinj; to
his instructions, purported to state oflicially, " that her Miijoii*
"ty's Government consent to the two principles, wiiich lorni
" the main foundation of the American counier draft, namely ;
" first, that the commission to be appointed, shall bo so cnniili*
" tuted, as necessarily to lead to a final settlement of thu
" question of boundary at issue between the two contiirit'H ;
" and secondly, that in order to secure such a result, tho
" convention, by which the commission is to be creotod, sliitll
" contain a provision for arbitration upon points, as to which
" the British and American commissioners may not bo able lo
" agree." But it was further added, that there were " ninny
" matters of detail in the American counter draft, which her
" Majesty's Government cannot adopt."
Tlie last President's annual message, at the opening of tho
hte session of Congress, announced the arrival of tho anxwur
from that Government, accompanied by additional proposiiioiid
of its own, some of which were assented to, and others not.
Such as were deemed correct in principle, and consistent with
a due regard to the just rights of the United States and of tho
State of Maine, were concurred in ; and the reasons for dis-
senting from the residue, together with an additional suggestion
on our part, communicated by the Secretary of State to tho
British Minister at Washington, through whom the recent reply
had been received. The matter was again referred by tliiit
Minister to his Government for its further decision, for want of
instructions upon some of the points, and that (jovernment
having for some time had the subject under advisement, tho
President expressed his confident expectation of a speedy and
satisfactory termination.
That the condition, or contingency, required by the Legisla-
ture of Maine, at the last session, to the execution of itii
Resolutions, has not taken place, in terms, is quite obvioiiN.
How far the State should rest satisfied with the reasons and
NORTH-EASTERN BOUNDARY.
G15
circumstances assigned for tlio delay, or is bound to resign itsell"
to this interminiil)lc course ol" procrastination, is not perhaps
quite so clear. The Stale cannot forget its proper position in
the Union, nor fail of the oblii^ations it is under to abide tho
high behests of our supreme national councils. At tiie same
time it is absolutely impor.i?ibI to reconcile itself to this system
of endless delay, and tiiis continual claim upon the inexhausti-
ble contideuce of our (lencrai (ioverrunent in tiie equal dispo-
sition of both parties to bring the subject to a decisive conclu-
sion. The original pio|)osition of our own Government
included " a provision looking in terms for a ccrtdin and final
" adjustment of tho timilfi in dispuley And all that wo are
definitely led to understand, that the British Government gives
its assent to, from the language of Lord Palmerston is, that tho
next measure to be adopted should contain — not in its absolute
provisions — but its details, arrangements thnt should nece-sarily
lead to some final adjustment! This prospect appears to the
committee, from the very form of statement, to be far from
promising ; and what is morn observable in regard to the plan,
it seems to have a reference to some more or less direct prin-
ciple of determination to which the State has already signified
its entire aversion. What may be the efiect of the additional
stipulation sent out, we do not know; nor can the committee
tell what is to be the alternative, llui Maine can feel no
assurance of salety or successful progiess towards a conclu-
sion in these vague, involved, and distant phrases. Jt is
undoubtedly diflicult to say that any course deliberately acceded
to by our own Government would be likely to prove a delu-
sion ; but there is no certainty yet, nor any security when the
subject will be redeemed from the arts and con)plications of
diplomacy. The conunittce must say, they are not sanguine
as to any prospect of a speedy or saiisfactorv conclusion to
the present state of negotiation. All the propositions now
pending, as presented to their minds, appear to them to bo
purely dilatory.
. It is impossible, therefore, your committee confess, to con-
sider the language of tlie last Kesolves as perfectly satisfied ;^
though, that tiie whole subject is not placed in such a condition
as in some measure to elude the operation of those Resolutions,
according to their literal force and nieaning, is more tlian the
committee can undertake to say ; and no less so, perhaps,
whether it is in the power of the .National Government to bring
the business to a point, otherwise than by a positive rupture.
The fact may be, that it is not in our power to relieve our-
selves ; and that we must suffer the mortification of having
.-i-
(316
NORTH-EASTERN BOUNDARY.
liolden laiigiiago, uliicli \\c cannot carry out witlioiit compro-
mising our constiliilional relations. But it is needless to re-
mark, that there is no end lo this course of diplomacy, so
long as it serves the purpose of delay, and to stave oil" a final
determination. The j)ostponement is indeiinite ; and we can-
not but fear it will ever continue so, so long as dreat Britain
finds iicr advantage in keeping open a question, that can never
be decided in her favor, and in tlie mean time enjoys the value
of a possession which she must eventually yield", or employs
herself to strengthen a position she is not disposed to surrender,
nor entitled to hold. From whatever cause the dillieully arises
most, whether from an aversion on her part to come to an
issue, or a reluctance and unwillingness on that of our own
Government to precipitate one, which can by any means be
avoided, it is apparent that the adjournment of it is e(jually
detrimental to the rigiits and interests of Maine. Your com-
mittee would be among the last to undervalue sincere and well
directed efibrts to bring about an adjustment, at once peaceful
and rightful, of the controversy ; but they have seen too much
cause to be convinced, that such a disposition, however just
and creditable, may be abused.
The connnittee may perhaps view tlicmsclves called upon
to consider the ell'ect of the stij)iilaiions adojited in 1839, under
the authority of the ifesolvcs of thiit year, or under the fmther
advice and sanction of IMajor (lencral Scott, acting under and
in behalf of the (jovernmeni of the I nited Slates.
'J'hcy may observe, that nothing was considered to be done
by Maine under the conventional agreement entered into and
signed by Mr. Forsyth, the Secretary of Slate, and Mr. Fox,
the British Minister, on the .^Ttii of February, 18t)'.). Without
questioning the competency of the two |)arties to enter into
such an arrangement between ihemseh rs, or the propriety of
recommending it to the acceptance of the State of Maine, its
obligatory force was not acknowledged by (lovcrnor {''airfield,
who observed in his commimication of it to the JiCgislature :
'• To such an arrangement I tiiist Maine \wll never consent.
'' She has been sufiici(;iHlv trauma lied hitherto in the exercise
" of her ritrlits, and will not \olunlarily forge new shackles for
" herself."
The amhority of the Ciovernor, as the cnmmittee view it,
to l)ind the State by his signature to any |)uhlic stipulation, was
necessarily limited by the laws and Ccjnstitution of the State.
His authority in this instance was entirely derived from the
Ifesolves of ly.'Jl) : and yom- connnittee not only do not un-
derstand that lie did not intend to exceed it ; but they do
NORTH-EASTERN BOUNDARY.
617
I II,
was
Uitc;.
tlie
I un-
do
understand, that what he did, he uitcnded in strict and faithful
execution of the immediate obj.,cts of tiiose Resolves. Such
was his language in reporting and communicating what he had
done, in virtue of those Hesolves, to tlie next Legislature ; and
such is the understanding of the committee equally in regard to
the import of the act on his part, and the character of the
subject. The Resolves have been already recited. All the
information the Legislature have of what was done by Governor
Fairfield, under the Resolves, is contained in his subsequent
communication to the liegislature the following year ; and it is
subjoined to a simple statement of having received the written
assent of the Lieutenant Governor of Sew Brunswick to ihe
following proposition made to him by Major General Scott: to
wit, " that it is not the intention of the Lieutenant Governor of
" her Britannic Majesty's Province of New Brunswick, under
" the expected renewal of negotiations between the cabinets of
" London and Washington, on the subject of the said disputed
" territory, without renewed instructions to that effect from his
" Government, to seek to take military possession of that tcr-
" ritory, or to seek by military force to expel the armed civil
" posse or the troops of Maine." The residue of the corres-
pondence iias not been, that your conuuittee are aware, com-
municated to the Legislature.
The stipulation, therefore, entered into by Governor Fair-
field, under the invitation and sanction of General Scott, is, as
your committee understand, perfectly fulfilled ; and the Resolve
of 1839 is therefore executetl, and has been faithfully observed.
The mission of General Scott to Maine was accomplished ;
and Governor Fairfield, having recalled the military, professed
his willingness not, without renewed instructions from the
Legislature, to re-occupy the field of dispute in the like man-
ner. Here the immediate controversy subsided. Governor
Fairfield may be deemed to have endorsed the agreement made
for him by Genera! Scott ; who thereby undertook to guarantee,
so far as he was capable, to the State of Maine, the counter
security of the territory against the military operations of Sir
John Harvey.
Such was the posture of Governor Fairfield, and the situa-
tion of Maine, in relation to the subject, touching the matter
of arrangement. Soon afterwards, it would seem, that Sir
John Harvey was divested of all further authority over the
subject ; and any power of a military kind in that quarter ap-
peared to bo transferred from him to tlie Government of Lower
Canada. It may be noticed as a circumstance, that this silent
operation, or transmutation, look place about the same time
42
618 NORTH-EASTERN BOUNDARY.
that ihe British commission of exploration was closing its
business, and sliifting the highland description, which formed
the southern boundary of Qnehoc or Canada, to the hypothet-
ical maximum axis of elevation south of the St. .Tohn. It is
not understood, however, that any corresponding change took
place in regard to the usurping civil antliorities at Madawaska.
This alieratiou first disclosed ilscif, in that quarter, hy the
movement of military force from (he side of Lower Canada to
certain stations within the disputed territory ; and in reply to a
letter of inquiry from Governor Fairfield into the meaning of
so apparent and palpable an infringement of the arrangement
entered into under the mediation of General Scott, Sir John
Harvey could only answer, as before, that these movements
were made under an authority superior to his own. It was
added, that they were meant for the protection of certain build-
ings which had been constructed for the better accommodation
of her Majesty's troops, on their march between the Lower
and Upper Provinces, and of the provisions, stores, and other
public property therein deposited ; and it was further subjoined
by Sir John Harvey, that he should communicate a copy of
the letter to the authorities in Canada, who, he was assured,
would be as scrupulously desirous that the spirit, as well as the
letter, of the agreement entered into, should be observed on
their part, as he himself was. The remonstrance, however,
produced no riuther etl'ect ; and this last December, upon the
occasion of a new detachment of troops having arrived at the
Madawaska settlement, Sir John Harvey deemed it consistent
with the sincerity which had always marked his intercourse
with the authorities of Maine, to apprise Governor Fairfield of
the fact, and that the movement was made by the orders of the
Governor General of those Provinces. It was evident that
this movement was unadvised by Sir John Harvey, who could
only apologize or account for it by reference to the complaints
of certain civil authorities at that settlement, (one of them a
supposed magistrate, and the other the pretended " Warden of
the Disputed Territory,") which it had no other object than to
support. And Sir .foiin Harvey did not hesitate to express to
the Governor General his persuasion, that the movement for
this purpose was needless, and that a corresponding armed civil
posse to that of Maine would be quite adeciuate to prevent any
unauthorized interference with the inhabitants or authorities of
the Madawaska settlements.
The committee would take leave to observe, that they know
of no settlements bearing that name but the original and proper
seitlonient of Madawaska. That is a spot, or settlement, with
K*
r ■
i
NORTH-EASTERN BOUNDARY.
619
I
which the civil authorities of Maine have not interfered, sincf
those who undertook to act under a law of the State, in organ-
izing the place in 1832, were seized, imprisoned, and punished
at Fredericton for the oflence, excepting the like seizure ani^
impribonnient of Greely for taking the census in 1837. Aa
to what is supposed to have occurred at Fish river, it is stated
as havii'g been represented to Governor Fairfield, that it took
place when certaui of the citizens of this State were assembled
at the Fish llivcr settlement to give in their votes at the recent
election for President and Vice President, under a late law of
this State authorizing it. The territory contiguous to the
mouth of Fish river, on both sides of the St. John, is not
considered, in any proper sense, as included in the Madawaska
settlement ; which is confined to the immediate vicinity of that
river, and does not extend up even to the mouth of the Meri*
umpticook. To the original and proper limit of the old iNIada-
waska settlement the adverse local possession ought, in th9
opinion of your committee, to be reduced ; and it ought to be
restored and confined strictly, to its former civil character.
To return, however ; the committee would not fail to treat
the species of arrangement in question, under whatever authority
it was entered into, with all the respect to which it is entitled,
and to render it all proper regard and observance. Having
punctually complied with any obligation, that might be deemed
to be entered into on the part of Maine, it is of no consequence
as to the origin of tlie agency ; which is of no further impor-
tance, than that the Slate should stand clear of any reproach
upon her good faith and allegiance. It cannot be pretended,
that there has been any failure upo.i her part to fulfil any duty
that may have been imposed upon her, in whatever way or
manner she may have been committed. The imputation cast
upon her, at one time, to say the least, without sufficient cause
and consideration, of any intention to breakthrough the engage-
ments she was placed under, has been repelled with no less
force than truth. But it is obvious, that any obligation of this
nature, to be ellectual, must be mutual. It is plain, that it
cannot be violated on one side at will, and preserve all its bind-
ing force upon the other. The committee are not called to
make any complaint of any breach of agreement between the
authorities of this SiiI'- and of New Brunswick upon the sub-
ject. They much doubt, as they have already signified, the
competency of any arrangement between the State and a for-
eign Province, without a constitutional sanction which has not
yet been asked ; and they should hesitate no less upon the
propriety and expediency of any convention or co-operatioo
,
1 1
II
620 NORTH-EASTERN BOUNDARY.
between two opposite governments, or communities, situated
and related as these arc, for purposes which this State, as they
conceive, ought either to take upon herself, or to be entitled
to call upon the General Government to perform, or to pro-
vide, for her. As to the policy, as well as the principle, of
any dilferent course that has been proposed to her, the com-
mittee can have no doubt at all. If nny compact exists, or
any is violated, in whatever form it, has been made, it must be
one between the Governments of Great Britain and the United
States ; and such, as it is the province of the latter, and not
that of this State, to see to tlie effect of, and look after its ob-
servance. We do not hold ourselves entitled to call upon a
foreign government for its perforniance. Our relations are
prop( rly with the Government of the T'nited States, upon a
subject of this kind, only. It is their agreements and stipula-
tions in regard to our security, upon which we must be under-
stood to rely ; and wc cannot be deemed to have given our
consent to any provisionary arrangement, except under the
sanction of our oun Government, and its guaranty of our own
safety. In short, it must he the essence of any agreement
entered into by us, that it should be with, and through, the
Government of the United States ; although we may well view
and hold ourselves as bound to fulfd any proper stipulations,
that the Government has actually made upon our behalf by its
own ollicers, and wiili the consent of our Executive agents
and Legislative authorities.
The committee consider it to have been well observed, by
the Governor in bis official communication to both branches of
the Legislature, on commencing the duties of his office, that
" whatever arrangements have been assented to, in regard to
*' the jurisdiction of difi'erent portions of the territory, pending
" negotiations, must be regarded merely as temporary in their
"nature;" as well as "under a jirotest always that we relin-
" quish no claim, and no right, to the absolute and tmdisputed
"ownership and jurisdiction of every inch of our State." It
is a matter, which must force itself upon the mind of every
reflecting friend of the peace of tiie two countries, as it has
done, that these sub-arrangements, or understandings, are of
too slight and prer.'.ious a (exture to permit the trancpiillity of
these neighboring couimimiiies to rest upon them.
The arrangement understood to bo asst..'ed to on the part
of Maine in 1839, by which, on condition that Maine should
remam in undisturbed possession of the rest of the territory, it
was stipulated, that we should not attempt to disturb by arms
the Province of New Brunswick in its proper Madawaska pos-
3
A
' I
J 1.
NORTH-EASTERN BOUNDARY.
621
or
session, was only acquiesced in, as the Governor further re-
marks, in his communication, "by the people, on the ground
and the belief that immediate and determined efforts were to
be, in good faiih, adopted by both General Governments, to
bring the matter to a speedy, just, and final determination.
Indulging surli hopes," the Governor also adds, " Maine has
certainly yielded much in the matter of temporary arrange-
ments, iuHuenced by the wish to preserve the peace of the
country, and to remove all obstacles to the progress of nego-
tiations. Viut she has a right to ask," (he subjoins, with no
undue emphasis,) " when she yields so much, that her motives
should be appreciated, and her cause become the cause of the
whole country, and be pressed with vigor and energy to a final
settlement."
Eurnest and strong as is the desire of this discreet and de-
termined community to remain at peace with her neighbors on
this Continent,' still she can no longer give any consent to the
exercise of provincial authority out of the })roper orbit of
IMadawaska. Neither can this State enter into any temporary
partition of its own power with a foreign province, or agree to
the exercise of any equal, divided, or concurrent authority,
either with New Brunswick or Canada, over any other part of
her own exclusive territory. Still less, if it be possible, can
she endure to see the portion of which the Provincial Govern-
ment, whether above or below, still claim to be in possession,
(and the only portion to which it ever had any shadow of pre-
tence,) converted into a military depot, as avowed by Sir John
Harvey to Governor Fairfield, in the first place, by the erec-
tion of barracks, and the collection of stores, provisions, and
other munitions of a hostile character, under the name of pub-
lic property, for establishing a cordon of military communica-
tion between the upper and the lower British Provinces. This
is bringing upon us in time of peace, (to us the most profound,
unless we are aroused, or awaken,) all the forms of almost un-
masked war. It realizes, in advance of the result of any arbi-
trnry process for the division of our disputed territory with
Great liritain, the dangerous character of this decided military
demonstration within our limits. It advises and admonishes us,
moreover, of the rather too obvious and undisguised meaning
of a noticeable and striking passage in the letter of the Biitislj
Minister, INfr. Fox, to Mr. Forsyth, dated Nov. 2, 1839, in
whi( I: he remarks that " whatever shall be the line of boun-
dary between Her INInjesty's possessions and the republic of
the United States, definitely recognized and decided upon by
the two governments, either through the altainmenl of the true
II
11^
if
lit
l!
(J22 NORTH-EASTEKN BOUNDAIIY.
line of the treaty of 17S3, or through the adoption of a con*
vemional hue, Her IMajesty's (Government will have to rely
upon the Federal Government of the United States to assist
and carry out the decision, whatever may be the views and
pretensions of the inhabitunls of the Stale of Maine notwith-
standing."
Your committee may here remark, that when these facts, in
regard to the stationing of regidar military forces by the British
provincial authorities upon lake Teniiscouata, and of their
building barracks, as represented, at the confluence of tha
Madavvaska river with the St. John, were brought to the direct
knowledge of the National Government, th';y were pronounced
by the President to be a flagrant contravention of the existing
understanding between the parlies ; and those authorities were
distinctly and emphatically admonished, through their regular
Minister, of the obvious inexpediency and imprudence of such
proceedings, and of the eflect likely to arise from persistence
in them.
The only explanation produced by this expressive remon-
strance was conveyed in the shape of a letter from Mr. Fox to
Mr. Forsyth, of January 24lli, 1S40, to the efiect that the
movement complained of was nothing new, and that it was only
a change of force to keep up the station at the Teniiscouata
post, as it always had been, "for the necessary purpose of
" protecting tlie stores and accommodations provided for the
"use of Her Majesty's troops, who may be required, as here-
"tofore, to march by that route to and from the Provinces of
"Canada and New Brunswick." It was not admitted (hat any
new barracks had been built, or were building by the British
authorities on both sides of the St. John, or at the mouth of
the Madawaska river, or in fact anywhere ; and it was declared
that no intention existed on the part of those authorities to
infringe the terms of the provisional agreements, that had been
entered into the year before, so long as there was reason to
trust that the same would be faithfully adhered to by the oppo-
site party. But it was at the same time plainly avowed, that
Her Majesty's authorities in Norlh America, observing the
attitude assumed by the State of Maine with reference to the
boundary question, would, as then advised, be governed en-
tirely by circmnstanres, in ado])ling such measures of defence
and protection, whether along the confines oj the disputed ter-
ritory^ or within that portion of it where the authority of Great
liritain, according to its own explanation of the existing agree-
meats, was not to be interfered tcith, as might seem to them
necessary for guarding against or for promptly repelling the
il.
NORTH-EASTERN BOUNDARY.
623
further acts of what was termed hostile aggression, which it
appeared to be tlie avowed design of the State of Maine,
sooner or later, to attempt. Her Majesty's authorities in North
America, it was averred, had no intention on their part to in-
terfere with the course of pending negotiation, by the exercise
of military force; but that liiey should, as then at present ad-
vised, "consult llieir own discretion in adopting the measures
"of defence, that might be rendered nccessavy by iho threats
"of a violent interruption to the negotiation, which had been
" used by all parties in Maine, confirmed, it was alleged, by
"the language employed by the highest official authority (allud-
"ing to the recent message and correspondence of the (Jovern-
"or) in that State."
The official reply to this plain note professed to express the
satisfaction of the President, that no actual change was under-
stood to have taken place in the attitude of Her Majesty's au-
thorities in the territory, since the date of the arrangements
entered into ; and that there was no intention to infringe them
on their part, so long as their terms were faithfully observed
on the side of the L'nited States. It signified, however, much
regret, that the British colonial authorities should, without
graver motives than a mere possibility of a departure from
those arrangements by the State of Maine, thus take upon
themselves the fearful responsibility of being guided by circum-
stances, susceptible as those were of misapprehension and mis-
conception, in regard to measures of piecaution and defence,
under this exercise of discrclion, against imagined acts of med-
itated aggression on the j)arl of Maine. And the hope was
further expressed, with how little effect we have witnessed,
that when the British Government at home should be apprised
of the position assumed in this respect by its colonial agents
here, proper steps would be taken to place the performance of
express and solemn agreements, in effect, upon a more securs
nnd solid basis than such a precarious sort of contingent colo-
nial discretion.
It could scarcely have escaped notice in regard to the char-
acter of this correspondence, that a change had occurred in
the style, if not in the attitude, of the British Provincial au-
thorities in America. Your committee, however, are not
aware, wiiethcr the attention of the Federal Government was
immediately drawn *o the circumstance, that these forces
seemed to l)ave been detached and stationed there under the
positive orders of the new Governor General of the British
Provinces ; nor are they apprised of the precise bearing which
this circumstance might be considered to have, in the view of
624 NORTH-EASTERN BOUNDARY.
the National Government, upon the character of the arrange-
ments, deenied to have been subscribed to by the authorities
of Maine and New Brunswick, under its own high auspices.
It has becouie apparent, at least since then, that the authority
of the Lieutenant Governor of iNew Brunswick is rendered
subordinate in tliis respect to that of the Governor General of
Her Britannic Majesty's dominions; that there has been some
new partition, or subdivision, by which, while the civil authority
to be exercised in that region still resides in the Government
of New Brunswick, the military power by which this State
was menaced is transferred into other and higher hands ; and
all that Sir John Harvey can say, when he is apprised of our
remonstrances and complaints is, that we must appeal to his
superiors.
It may be recollected, that inquiry was made soon afterward
by the Senate of the ['nited Slates, at its session a year ago,
whether any measures had been taken under the act of Congress
of March 3d, 1S39, or otherwise, to cause the removal or
expulsion, of the British troops which had taken possession of
this portion of the territory of Maine, or whether any military
posts had been established in Maine, or any other measures of
a military nature adopted preparatory to a just vindication of
the honor and the rights of the nation and of Maine. Tlio
reply to this inquiry from the Secretary of War, through the
President was, that the circumstance of the occupation of the
territory by British troops had been but recently communicated ;
and having been made a subject of remonstrance and so become
a matter of discussion between the two governments, no meas-
ures had been taken of the character referred to under the act
of Congress or otherwise. To the residue of the inruiry it
was answered, that no contingency contemplated by the act of
1839 having occurred, no military measures had been thought
necessary ; repeating what had been previously stated by the
President in his annual message to Congress. The Secretary
further slated, that a military reconnoisance had been made in
1838 of the uprlisputed boundary of Maine, of which the result
had been transmitted to the Senate the following session ; but
that there being no appropriation made, no fortifications were
commenced. It will be understood, that the other appropria-
tions have expired.
From the parting communication made by our late Chief
Magistrate, at the commencement of the present session, the
Legislature is informed, that Maine is again subject to the mor-
tification of having fresh troops quartered upon her territory.
The causes alleged for this renewed outrage, and the circura-
^
1
tl
1
li
e
•r.t
■ji
SI
cc
IIJ
NORTH-EASTERN BOUNDARY.
625
irrange-
ihoriiies
aspices.
utliority
endered
jiieral of
eii some
miiliority
,'Cininent
liis State
[ids; and
;d of our
eal to his
afterward
year ago,
Congress
emoval or
;scssion ot
ly military
leasures of
dication of
ne. The
[uough the
lion of the
iiunicated ;
so become
p no meas-
der the act
e inouiry it
^ the act of
een thought
ated by the
e Secretary
icn made in
h the result
ession ; but
alions were
r appropria-
late Chiel
session, the
to the mor-
icr territory.
the circum-
stances by which it is attempted to be palliated in the letter of
Sir John Harvey, arc so trivial, as justly observed by Governor
Fairfiuld to hardly afibrd a decent pretext for thus adding an-
other to the catalogue of wrongs and injurie- .lich the people
of tliis Slate liave so long l)een coni])elle(l to endure at the
hands of ihe British Government. So sensible was Sir John
Harvey himself, we may remark, of the slenderness of this
pretence, and of the superfluousness of this further force,
that in conveying this information, as he claimed to do with his
accustomed frankness, of the recent arrival of a new detach-
ment of Her Majesty's troops at Madawaska, he a\ owed he
had not hesitated lo give his opinion at once to the Governor
General that it was unnecessary, and that he had no doubt that
the Governor General, on this suggestion, would forthwith give
flirections for wilhdrawing the troops. This communication
came dated December 10th last ; and the same, together with
the Governor's reply, requesting furJier information upon the
subject, were transmitted fo the President within a few days
after ; and the former expressed his full reliance, that if the
suggestion of Sir John Harvey lo the Governor General should
prove nnavailinu;, the Executive Government of the United
States would forthwith take measures for the withdrawal or
expulsion of these troops from our territory. Since this last
period, the Legislature has received no olficial information from
any source. Moiliing has reached us but rumors froin the ad-
jacent provinces, that the military position in question was in-
tended lo be maintained ; and there has nothing yet come
from any quarter lo tranquilize and assure us further.
The committee have gone into these details more fully, in
order to place the subject in all its extent before the Legisla-
ture, for their consideration at its present session. The Re-
solves passed the last day of the session, March 23d, 1839,
pledged the power of the State to the protection of its territory
up lo its extrcmest limits, and asserted the right of exclusive
jurisdiction over the whole extent of it. And they denied the
elUcacy of any agreement entered inlo by the Govenuiient of
the Tiiion lo iuq)air her prerogative to be the sole judge of
the lime and mniiner of enforcing that right. The Stats had,
however, the giiaranlep of ihe (leneral Government at that
time, tliat if it would wiihdiaw her military force from the
frontier, the adverse military power, with which it was threat-
ened, should innncdiately be caused to cease upon the other
side. This guarantee the State afterwards accepted ; and in
consequence of this and of the agreement to that effect entered
into by the Lieutenant Governor of New Brunswick, Maine
43
#1
m
{■ if
626 NORTH-EASTERN BOUNDARY.
did promptly and unhesitatingly withdraw her advanced military
force. That pledge has not been performed ; or if apparently
so for a brief period, it has not been fulfilled ; but it has been
openly and deliberately violated. W<; may have been slow in
coming to this conviction ; but the fact cannot be concealed,
and is hardly attempted to be disguised. As the matter now
stands, the State is without any barrier, or boundary, against
the Provinces of Great Britain, not even where the north lino
crosses the St. John. Barracks have been erected above that
point ; boats have been built upon the lake ; troops stationed
at different posts, stores, and munitions of war collected, con-
stituting an actual military and naval armauient ; which is at this
moment established upon the shores and waters of the Mada-
waska region, contrary to all the stipulations and mutual en-
gagements of the two Governments. And Maine is comjielled
lo forget, if she can, that all this is done within a precinct spe-
cially incorporated by an Act of her Legislature, the validity of
which is also recognized and co'lirmed by an Act of Congress.
It may properly be avowed, that Maine may still consider
herself to stand pledged for llie present, by the course that has
been pursued by her authoriiies uiidcr the sanction of tli(3 Gen-
eral Government, not to disturb by any active proceedings of
hers the British Provincial, that is to say, local possession at
Madawaska ; while, at the same time, she must he allowed to
extend her civil power, for the protection of lior territory
against devastation, wiihoiit any lin.'tation as to the sphere of
its operation, within the bounds of the treaty of 1763 ; but
that to suffer a military occupation of any portion of it is in-
compatible with her existence and character as un independent
Stale. She may well submit to the moral and self-imposed
restraint of forbearing to exercise her given faculties, and to
exert her lawful rights up to tlicir full extent ; but she cannot,
with the same comfort or CvJi;siaency, yield a silent and unre-
sisting submission to the operation, until it becomes over-
whelming, of absolute supei ior force. Slie may .iccovd a loyal
and becoming obedience to the graver authority of the Union ;
hut she cannot, without extreme, unmitigated pain, see any
part of her soil subtracted and reduced lo exterior colonial
subjection ; nor can she bear to have a foreign military force
planted upon her with any more patience than our fathers could
endure the same sjiecies ol intolerablo oppression. She
acknowledges faithfully her obligatii;ns lu the Union, and that
she is bound to consult the feelings and opinions of the country,
and to make no further movement, moreover, without invoking
its aid, or asking its authority. But this is the point, at which
■t
'^
4
NORTH-EASTERN BOUNDARY.
she iinpvoidably stnnds, and her fidelity entitles her to its con*
fidonce, and licr necessity to its constitutional support.
Now all tliis, it may be admitted, might be tolerated, per-
haps, by the Union, (or the sake of tranquillity, if it was not
j)regiKuit wiiii swell real danger, and did not involve so much
evil, in ilio way of Injury and sacrifice, to the prospects and
peace of Maine. Winter, which shuts up the St. Laurence,
and pours hosts of trespassers and marauders into our woods
and forests, closes down upon us with an increased pressure
from the military power of (jreat Britain. Between the Gov-
ernment of C.'aiiada above, and that of iVew Brunswick below,
Wd are pressed, as between the upper and the nether millstone.
We are thus obviously exposed to a doubly increased damage
from our open and unguarded situation upon the borders of
these difl'erent dependencies upon a distant foreign government;
so far oft', and thus situated in regard to us, that " oceans roll
nnd seasons pass between the order and the execution"; or
possibly the advice and recal. Our territory is now more than
made a complete thoroughfare for the passage of British troops;
while we have even no projects of national fortifications to pro-
tect us any liirther than Houlion, nearer than at the Forks of
the Kennebec, or the mouth of the Matlawamkeag.
Even the Military Road, which was authorized by Congress,
so long ago as 1828, to bo laid out to the mouth of the Mada-
waska river, in virtue i f what the succeeding President, Gen.
.lackson, declared to be an unquestionable right, the exercise
of which the American Government would not allow to be
restrained by the protest of the Lieutenant Governor of New
Brunswick, but only to be posfponed for the time being — as
expressed by the then Secretary of State, Mr. Van Buren, to
the British Minister, as a proof of forbearance, intended in an
amicable spirit of conciliation — has so continued ever since,
a;id, it would almost seem to be, indefinitely. The appropri-
tions of 1 830 and 19o9, by Congress, were suffered to expire;
bit this authority has only been suspended ; and it is for the
Kxecutive Government to determine, whether the period has
not arrived at whicli the execution of it ought to be resumed.
The present condition of the State of Maine certainly de-
mands it.
'J'iic coinmitlee are here induced to omit much they might
otiierwise be disposed to say on this subject, and in relation to
all its immediate and future bearings upon the public peace and
welfare ; and whicii they are constrained to do, as well in con-
sequence of the length to which their remarks have already
been extended, as from considerations of a serious kind which
627
1
i
I
r.i
i ;i
628 NORTH-EASTERN DOUNDARt.
are not witliout due wciglit upon llicir miiuls. Pcrhnps limy
oiiiilit lo say more in ret^ard to llie nealoct of |iiopainiiuiiH lor
deiciice, in our exposed niul unprolrcU'd position, ilic ner<'tnr.iiy
of wliicii lias lon^ been pointed out and leit, and ilie power (O
provide lor them, even uiien put in Ibree, suli'ered lo hliiiid n
dead letter. The Slate of iMiiiue lias liad its viriiie pul lo lliii
severest test, until even llie very l(.'iii;ili of lime iliat ilie (iov-
ernineiil has delayed its duty, and she has been ohlined lo
entiiu'e its omission, is liable to he turned at:;aiiist her, inid net
U]» as on her part a presrri|)iivc sulieranoe.
The prineipal view, which the committee have had in prn-
parin<; this report, has been to present a lurlher vindieiuiou u\'
the rights and principles of the Slate in regard to iliis subji-cl,
and to the course which her people and anihoriiie?. have hilh'
erto pursued, and the j)osition which lliey now inainlain iti
respect thereto. 'J'liey would wish, not to maUe a iiicri' nppi id
to the sympathy and fellow feeling of her sister iSlales, iind to
the patriotic sensibility of the people of the I'nited Slate., upon
points apart from public right and national honor ; bnl ihey
would be no less desirous to extend it to the justice of I'lni'liilid,
and the judgment of Europe, nay of the wlude world, if hit
remote a portion of it as the inhabitants of Maine could liopo
to have their cause heard before so vast and elevated a iiibiiiial.
Nor would they slirink from submitting it to the future jiid^iuiciit
of posterity and ihe final ^ iitenco of marikind, upon iiM real
merits, (not as they may have presented them) when the pro-
sent age shall have passed away, and the accounts oi ihr' present
questions shall iiave all been closed, 'i'hey would not refiito
lo commend it to the native " nobleness and manliiici'i td'
Englishmen " — to the generosity which was manifesled in llio
last painful eflc)rt of separation — to that niagnanimily displayed
by the monarch in proclaiming, as he did, with proiouml emo-
tion, the groat dismemberment of the empire — roiuei'iiiii;;,
that is to say, this long pending (piestion with (Ireat Itiiliiiii,
in reference to the true right of a territory uliich is and wim
always ours, infinitely more than it was ever hers; ours, no
less in the first place, by the strength of primeval right ; ours,
also, by the acts of Crowi and Parliament, a- well a- by our
own energies and achievements, when our sires were ilie loyiil
subjects of a common sovereign: ours, if she still chooses, by
the terms of her own free and full assignnu'iit at the |Hirlitiott
of that empire, originally divided by the ocean ; ours, in (iiio,
by the ancient honor of Great liiilain, bv all the faith of
treaties, by the sacred principles of public laws, find eierniil
truth and justice. There is no wish in this part of the I'liioii
for extension of territory ; we are content wiilj our own limits.
NORTH EASTERN BOUNDARY.
0^9
If injustice lias liorotofore been done us, if justice ims not been
done us in tbut respect, or any mi^roriune lias attended tlio
decision of |)oints tliat have already been determined unfavora-
blv to
«, we are disposed
to abide bv it, and do not now seek
to remedy it. We are only solicitous to enjoy the rights and
advantai:;(!s which the laws of nature and nations have secured
to us, and to realize tiie benefit of that condition which Provi-
dence seems to have (lesii!;iied for us upon the foundation of
State and National Independence.
'J'Jiere is one circumstance also, in regard to which your
conuuittee believe that the people of Maine woidil be willing
that their course and princi|)les should not be misunderstood;
allliongh they would not he under any solicitude rcsj)ccting it.
It is now a well known fart, not only that Maine has not in any
manner intermeddled, but that she has uniformly abstained from
anv intermixture ol" her own causes of com])laint with those of
an exciting nature that have jirevailed along iurther portions of
tile frontier, and has faiihliilly kept aloof from mingling her
concerns with other disiaiu ami dislurbinc; rpicstioiis with (Ireat
Britain. And this, alilioiigh she has one interest of great im-
portance, nnich involved in the present issue, which has not
been distinctly developed in the immediate connexion with it.
The circumstance above alluded to, not perfectly perceived
and c\eii at lirsl distrusted, was afterwards freely confessed by
ir John
that
vitrilant and virtuous observer of our course.
Harvev, who will retire from his station, when he shall be
-:■>
called away by his sovereign, with the esteem of the people of
Maine. Although inclined at first to cr;dit opposite surmises,
lie soon liecame convmced o; tlie
truth
and, with tiis
; character-
istic candor, communicated it to his own s;ovfrnment. ISor is
it at all unlikely, that a persuasion of '' - integrity of our pur-
|)ose entered into the exercise of that high prudence and pro-
per discretion, by
by which his judi
was (leterminec
in a
delicate ;ind critical emergency. Hui. while it may be well it
."-Iioulil be understood, that M..itie has not been disposed to
compromii her cause with any foreign matter, your committee
would be far from wishing to enter into any vindication upon
this jioint, or be anxious iliat the State should set itself apart
from the just and common feeling of kindred humanity, which
pervades this vast hemisphere.
H,esolutioiis of the Legislative assemblies of some of our
sister States have reached us now, or latelv, in response to our
own former proceeding'^ and Resolves; and have been referred
to this committee. 'I'hose of the State of Indiana were trans-
mitted at the late adjourned session — being a special one for
^w^Wi^ss^^i^issbisii
■ I
•I
H
030 NORTH-EASTERN BOUNDARY.
the general revision of the laws — and may be deemed to havo
been postponed to the prisent, not having been before printed;
and, having been recalled from the files, ihey will, with yonr
permission form part of this report. 'I'he committee accor-
dingly reier to thorn with feelings of mingled gratitude and pride.
These Resolves of Indiana are echoes of those of Ohio, for-
ninrly received, \^ hich they recite ; and which likewise recited,
in the s|)irit of that immortal ordinance npon which the original
conititiilion of the whole .\orth-west Territory (once a single
government) w.ns framed, the grounds of our just territorial
right, and the indefeasible character of our title to the soil of
the State and nation.
The Intliana Ifcsolulions cherish the ho])e, that in the adjust-
ment of this question of our national boundary, the integrity of
our sod, and the national honor may be preserved inviolate,
without an appeal to arms. They further express, that they
highly approve the cdbrts made by the now late President of
the United States to avert from the country the calamities of
war. Yet ever preferring honorable war rather than dislionor-
able peace, in case of unavoidable collision in settling the
pending dispute, they join with Ohio in the declaration she had
made, and the generous oblation of her whole means and re-
sources to the authorities of the L'nion, in sustaining our rights
and honor.
The Kesolutions of the CJeneral Assembly of Alabama,
transmitted at the present session, in more guarded and meas-
ured terms, declare it to be the solenm and imperative duty of
the Federal (jovernment faithfully to maintain every obligation
it is under toward the State of Maine, touching the establish-
ment of our North-Kastern Boundary line ; that the question
is one not local in its character to this State, although this
State is allowed to be more interested than any other in its
adjustment, but that it concerns the whole Union ; that the
(Jovernment is bound in defence of its own honor not to con-
cede to (ireat liritain any claim not strictly founded in right
and justice ; and that it is the duty of Maine to trust the decis-
ion of the matter to the coiniscls of the Union and to ;:bido
thereby, whatever it may finally he, aiid whether exactly con-
sistent with her own wishes, or not. They further declare,
that they slioidd de|)recate a resort to force, until every honor-
able |)eaceful expedient has been exhausted ; and while they
are ready to go to war, if ('ougress so says, they shoidd deeply
regret to see the State of Maine takt,' an\ rash step, which
might tend to plunn:e her sister States into a war, more through
sympathy and feeling on their part, than from any deliberate
choice and determination.
NORTH-EASTERN BOUNDARY.
631
1 this
in its
lat tho
to con-
II right
(icris-
i-.bide
y ron-
rlare,
lionof-
e llipy
dcpply
which
hr()iii;;li
iberate
To the more advisory and admonitory tone of these Alabama
Resohitions the committee do not except ; thougii it is some-
what more collected and grave than we have been accustomed
to, in our painful condition, from our sister States. We may
assent to their fitness, and be content with the assurance they
contain ; and we may feel further all the force and propriety of
the appeal. Yet, may we ask, wliat other State in the Union
is there that could thus bear to see a district of its territory
torn from its own possession, and held under the hostile flag of
a foreign power — its citizens interrupted and harrassed in their
peaceful pursuits — even those who bear the official signet of
its authority, treated with violence and disgrace, and its dearest
and most vital lights trampled upon, as those of Maine have
been? These wrongs may well be imagined to require all her
patience, and to admit of much alleviation. Alabama, we may
bo sure, docs not mean to add to all this sense of what this
State has experienced and yet endures, the most distant idea,
in any contingency or even', of being laid under the ban of the
Union.
To a people whose pursuits in life are moral and peaceful,
and wliich cherishes a <leep sensibility to all the guilt and
wretchedness of war, it may be easy to see that a profound
conviction must be rc(juired of the purify and righteousness of
a cause wliich could, by any possil)ility, be exposed for its
vindication to so great a calamity. Nor is there any occasion
to color or pourtray tlie consequences of such an alternative.
It may well be admitted, liuit soinelhing more than the ordinary
apology for even defensive war may be demanded in this
advanced and enlightened age of humaniiy and civilization, and
we will not hesitate to say, of religion al.>o: one to be looked
for only ir the nature and circumstances of tho case, such as
must shew themselves in unsullied pinily, and unblcnching
strength, so as to constitute an absolute justification in the
moral view and judgment of mankind. If such may ever be
found, it might surely be in the character of a conflict, to which
a comniuniiy like ours might bo sulijected, in defence of what
is nearest to our homes and hearths, of our dearest rights and
native land — a strife to which we might be exposed to preserve
the inheritance v, c received iVom our ancestors before the
Rfivolution, and the patrimony bciiuoalhcd to us by the patri-
otism of our fathers in tho war of Independence — a struggle to
prevent tho removal of our ancient land marks, and subvert-
ing the very soil of our free institutions — points that are vital,
let us be allowed to sny, to the very principles of our social
existence and prosperity. Such a cause as this, if it cannot
ensure jux'ection, may at least escape reproach.
;
3
632 NORTH-EASTERN BOUNDARY.
Resolutions have just been received from Maryland, accom-
panied by a report of much merit from the pen of one who has
had official opportunity to become ac(juainted with the subject,
declaring the perfect conviction whicii the Legislature of that
State entertains of the justice and validity of the nation and of
Maine to the full extent of all the territory in dispute ; and
subjoining, that the Legislature of Maryland looks to the Fed-
eral (Jovernmcnt with entire reliance upon its disposition to
bring the controversy to an amicable and speedy settlement ;
but that if these efibrts should fail, the »Stato of Maryland will
cheerfully j)lace herself in the sup|)orl of the Federal Govern-
ment, in what will then become its (hity to itself and to the
State of Maine. After the expression of such opinion and
assurance, these Resolutions, say that the State of Maryland
feels that it has a right to request this State to contribute, by
all the means in its power, towards an amicable settlement of
the dispute upon honorable terms ; and they volunteer a sug-
gestion, respecting a reasonable mode of nmtual accommoda-
tion and adjustment, to which it stiikes the minds of your
committee, that it will be time enough for Maine to attend,
when it comes recommended to her consideration, as it would
be, by the condition, with which it is connected, lumicly, that
Great Britain should acknowledge the title of the Slate of
Maine.
The committee were apprised, that Resolutions had been
presented, together with the a!)Ie and critical rcj)ort that has
been alluded to, to the Legislature of Massachusetts ; and
those Resolutions, accompanied by tlie report, have been re-
ceived and comiriitted, in order to be acknowledged, while this
report was passing through the prc^s. The Connnonuealth
has never failed, on any and every occasion, to testify her
faithful interest in favor of those just rights, whicli we have
derived thronch her, and with which her own continue to be so
closely associated. If we had not heard from her at this lime,
we should not have been left in any <!oul»l of her disposition.
Lint it i. none the less satisfactory at this period, to b(! re-
assured, that in her opinion, our right to reipiire of Great
Britain the literal and immediate execuiioii of the terms of the
original treaty, relating to the boundary in ipiestion, remains,
after more than half a century, unim))aired by the lapse of lime
or by the interjiosition of multiplied objections ; that although
there may be no cause to apprehend any immediate lollision
upon this subject, it is extremely important lliat a spccdij and
ejfeclual tennination should be put to a diU'erence which might,
even by a remote possibility, [iroduce consequences that hu-
NORTH-EASTERN BOUNDARY.
633
been
at lias
and
('i\ re-
e this
wealth
ly hei-
I have
ho so
, (iniC)
iiion.
■ ro-
:reat
I" tho
laiiis,
lime
loiis^h
ision
(tnd
night,
at hu-
!/
tnanlty would deplore ; that any thing is to be regretted coming
from Great Britain, of the character of the late report made
to that Government under its late commission of survey, (though
not under;. uu)d to have received its sanction) calculated to
produce, wLerever it is examined in the United States, a slate
of the public mind unfavorable to that conciliatory temper and
confidence in mutual good faith, without which it is hopeless to
expect a satisfaciory result to controversies of this nature ; that
the interest and honor of iVrassachusetls alike demand a perse-
verance, not the loss deieruiined, because it is temperate, in
maintaining the rights of Maine ; that they now cheerfully re-
peat their often recorded response to her demand, that the
justice so long withheld should be speedily done her ; and that
while they extend to her their sympathy for her past wrongs,
ihey again assm-e her of their unshaken resolution to sustain
the territorial rights of the I nion.
I'he committee may, perhaps, deem themselves in some
measure called upon, under the existing posture of circumstan-
ces, not wiihout some hesitalioii, to touch upon a point of some
delicacy ; and which relates to the part this Stale may be in
future required to perform in the further prosecution of this
question, and in i > ' '' to bringing it to a determination. This
point is presentee) 'o first jilace, by two distinct orders,
one from the t jf Representatives, and th'" other from
the Senate, both referred to the ianncdiate consideration of
this committee. Tho one requires the Executive authority of
this Slate to be employed to expel the British force now quar-
tered upon our t( rritory ; the other proposes to invoke the
constitutional obligation of the Federal Government, and to
call upon the National Executive for the prompt fulfilment of
this duty. Tho alternative presented by the i'orms of these
diflerent Legislative orders, dictated alike, as your Conunitteo
entirely believe, by the spirit of what was due, and even de-
manded, to the occasion, brings directly into view the contin-
uance — they would not say the competency or propriety — of
that former course of action, which tho Stale prescribed to
itself, at those periods, which have been noticed, when the
proper powers of the Federal Government appeared to be in
abeyance as to us, if not abdicated hero. And the conmiittee
do undoubtedly conceive that this Stale would be untrue to
itself, insensible to its own choracier, interest, and honor, to
renounce or repudiate the position in which it was involuntarily
placed, or the principles which it pronounced, at any time,
under the imperious necessity and duty imposed upon it of
self protection. It would be forgetful of the illustrious ex-
44
r
634 NORTH-EASTERN BOUNDARY.
amples of virtue and patriotism, wbich were ever berore tlia
eyes of our cherished and lamented Lincoln, to disclaim the
gronnd, or abandon the stand, which he so fiimly and intre-
pidly look upon this (question, when its gulf was 'rst opened
befure us, !md he was called to coiiitni|)late and survey the
sacrifice. Neither would we bury with him the |)iinciple, on
wliich he acted. uit we look upon it as having; succeeded ;
and that we are i.ow onjoying the value and benefit of it in the
elevated position to\\liich the progress of it has raised and
carried us in the estimation of Coiij;ress, the lespect of the
Government, and Mie confit'ctice of the country. Your com-
mittee conceive and trust, tliat that point is now passed ; a point
ever intended to be taken and susliiined in entire submission to
the sense of the nation, and to be carried out only in subordi-
nation to its supreme constitutional authority, whenever it did
or should become necessary, tlmt is to say, to resort to the
original principle of self preservation, which is never to be re-
curred to only when all other resource fails, and which Maine
alone means to reserve for extreme emergency, or the last
extremity. The immediate legitimate objects of that just and
necessary course of proceeding on her part adopted by her
Executive and Legislative counsels Maine is now disposed,
your committee apprehend, to legard and look upon as fulfilled.
It has been fulfilled, so far certainly, nt a great and enormous
expense, and even sacrifice to her ; for which, a": in perform-
ance of an important duty devolved upon her, in discharge of
the public service, she is entitled, in return, to cast herself upon
the just consideration of the republic. Henceforth she con-
ceives herself to have acqjired a perfect right to rely on the
strength as well as sympatiiy of the country, and upon the
powerful arm of the /ialional Government for vindication and
sujiport. That otherwiec the object would not have been
answered ; but its real and proper purpose would have failed.
The remainder miirht be more than she is equal to ; but it
would be uiigratt ful now that her cause has been so perfectly
Mffiliated, ami the country asks us to accept its solemn assur-
ance, to pursue any other course at present ; and, as we value
and cherish the pledge it has given us, not to bo anxious to
avoid anytiiiug to forl'eit our title to its protection.
In coming toward a conclusion of the subject of t' "^ report
and to the final consideration of the best course to bi irsucd,
under the existing and actual state of circu Mstanccs, the Com-
mittee can see no other than to adopt and stand upon the lato
Resolves of the preceding LegislatureF ; that is to say, so far
as they are not varied and aitered, and accordingly required to
I
L.
NOllTH-EASTERN BOUNDARY.
635
asstir-
iC vnliio
\
xioiis to
^ report
irsned,
lO Com-
thc lato
y, SO far
juired to
i
i
be luudified, by time and other circumstances, connected wiih
the prolonged a. 'i ^)ending state of negotiation. They can see
no . ther course, they reper., than to continue to call, still, upon
the Geneial Gov 'rnment to vindicate and maintain the rights
of this State to its indisputable and indefeasible territory, by
one of the two modes pointed out by the last Resolves. Grat-
itude towards that Government for what it has already done
toward what it has solemnly promised, aflection to our sister
States uiio have come forward so freely and so cordially in our
favor, the necessity, which disables us from coping single-handed
with our real and formidable antagonist, and the Constitution
which authorizes and requires us to cast the burden of our de-
fence entirely upon the General Government- -all these, com-
bined with the consideration and remembrance of what is equally
due to ourselves and mankind, under all these circumstances, di-
rect, if ihey do not compel us to this course. We wish we could
add thai we had more coiilidencc in the efficacy of the means
that have so far been adopted — we will not say those likely to
be employed — and used to vindicate and establish those rights.
We wish V. e could see an end to the per|)etual course of pro-
crastination, or any immediate prospect of the present negotia-
tion being brought to a decisive or satisfactory termination.
The committee are constrained to say, that they cannot. On
tlie contrary, they feel themselves obliged to agree in the opin-
ion of his M\cellency, the Governor of Massachusetts, in wiiom
tiiey know this State has always a fast friend upon this suiiject,
that they do not see any disposition on the part of the British
Government to determine it.
The committee are concerned to inquire, also, what is to
be the state of the disputed territory in the moan time ; and
especially of that portion of it lying Morthward of the St. John.'
And what is to be done for its protection, and the intermediate
preservation of all the rights of the State to its property and
jmijdiction.'' They inijuire in vain. It is clear, that the State
can enter into no conipac t will) New Bi'unswick on the subject,
even if the aiithorily there had not pn-sed into other hands.
Such a thing is impossible. It is forbidden by the Constitu-
tion, without the consenl of Congress, which is not, to be im-
Iilied, nor even in the view of your conunitleo to be desired.
J' it were proper to listen to any suggestion of that nature, or
to any proposition frcjui that ipiartcr, there is no power that
can apparently be (h'pended upon (ihongh far from questioning
by any moans the nuegrily of the <lis|)03ition tiiat exists) hut
there is none in \ew Brunswick that seems to be competent
for the fidGhnenl of any such compact or assurance. Maino
' m
^sai
636 NORTH-EASTERN BOUNDARY.
could not come into any agreement, such as was recommended
to her, on tliat point. The objections to it, in her view, are
insuperable. Worse than the shackles, that might be thus im-
posed upon her, it might only prove a snare for her, and be-
come an endless source ot" mischief and regret. She sees not,
in any way, how she can go further on this subject, than she
has already done by her Resolves of 1839 ; and that is, only,
in the same earnest desire to come to an amicable adjustment
of the whole controversy, to forbear to enforce her jurisdiction
in that part of tlie territory which is now usurped by Xew Bruns-
wick, so far as she can do so, consistently with the maintenance
of her previous llesolves for the protection of the whole ter-
ritory against trespass and devastation. 80 far as, under this
limited restraint, she is obliged to yield to the continuance of
the illegal usurpation at the j)roper original settlement of Mad-
awaska, so far she supposes she must submit to see the sphere
of her own sovereignly circumscribed. But she cannot con-
sent to see the space widened. She cannot allow its being
extended to the Fisii river, or upon the south bank of the St.
John, above the western bend, up to which Maine has at least
regained, and made good her ground.
It is still less possible for this Slate to consent to any change
in the character of that possession, from civil, as it was only
])reten(led, to military ; and further still, to be content to see
that change assume a permanent form; in the first })lace, the
whole district converted into a military depot, and then to take
the more decided character of a military establishment. How
long we are to remain in this condition, or how we are to be
relieved from it, we cannot say, except by pointing to our
past Resolves, and [)utling our trust in tl;e Government of the
Union. All that we can say further, perhaps, at this moment,
with propriety, is, that it cannot be siibmiticu to with passive-
ncss, and tliat i* cannot be subnjilled to, at any rate, much
longer. The spirit, the patriotism, the self-respect, the native
energy, the irrepressible and indomitable determination of the
people of this Slate, will not endure it. They might sooner
wish 10 see the territory sunk in the ocean, tlian to be made the
scene of a bloody war, above all between the kindred and con-
nected races; \nu ihey cannot, silently, see it surrendered to -;
foreign power in this manner. They are cahnnniated by the
prcjtext, on winch it is chal!<.'iiged. Tbi'y demand, in advance,
tiie proieciion of tiie Ftdtnnl L'onslltulion. 'J'lu*y require that
the invading force shall be removed ; and if this can only be
effected by counter force, they request the Government of the
United States, with no more delay, to cause possession of tha
NORTH-EASTERN BOUNDARIT.
disputed territory to be taken, by the suitable and necessary
methods.
But while the State thus makes these strong and urgent de-
mands, it may be justly expected, that it will not, in any respect,
or in any ovent, be wanting to itself. While it earnestly seeks,
and wisiies, to put itself under the broad shield of the General
Government, and pray for the protecting power cf the whole
country, and soliciis to be released from the incumbent duty
and present heavy burden o*" its own defence and desires to
do this without relrealin?; from the ground or relinquishing thd
stand it has hiihorto been obliged io take, and does not jsk to
be released from its position, it weh ofiers to go as far as any
of its sister States have done, and to place its whole powers
and resources, without reserve, at the public disposal. We
will conr^en, to ahiiOst any sacrifice — we will pay any reasonable
price for our ovvii peace, and for that of the country ; and we
are willing to purchase it upon liie same terms, as "the tran-
quillity and salcty of a camp are secured by the suflerings and
privations of its devoted exterior outguards." Maine feels
herself, unavoidably, to be the forlorn hope of the Union. As
such she is ready to go forward, and to pursue the path that
lies before her. As such she is prepared to occupy the pass
to which she may be directed, to present her breast as a bul-
wark for the country— and of those of her brave and beloved
sons, the self-devoted band that shall be sent upon this service,
to leave the writing upon the soil, in the best blood of the State,
to tell the country, and be carried back to the capital, that
Tin.V LIK THERE IN OBKriENCE TO ITS LAWS.
The commilleo would now, respectfully, bring the perform-
ance of this part of their service to a conclusion, by recom-
nienuing the following Resolutions.
By order of llie committee.
CHARLES S. DAVEIS.
637
Chapter 198.
RESOLVES rclntiiig to the North-eastern Boundary.
Ilpsolved, That the Legislature sees no occasion to
rtMievv the de( larations heretofore made of the right of
this State to the whole of its territory, according to
the treaty of ITHlJ, unjustly drawn into question by
Cilreat Jiritain, (entirely recognized by the unanimous
Uesolutions of (Jongrcs.s in 1838) nor to repeat its own
former Resolutions on the subject. And it regards
63a NORTH-EASTERN BOUNDARIT,
with grateful satisfaction the strong, increasinj; and
iiniform denionstratinns, from all parts of the Union,
of conviction thereof, and of determination to support
the same.
Resolved, That this Lei:;islature adopts and affirms
the principles of former R-^ jIvcs of preceding Legis-
latures in relation thereto, in all their force and ex-
tent; that it approves their spirit, insists on their
virtue, adheres to their terms, and holds the National
Government hound to fulfil their ohligations; that it
deprecates any further delay, and cherishes an ear-
nest trust and expectation, that the National (jovern-
ment will not fail, speedily, to cause our just rights,
too long neglected, to he vindicated and maintained,
either hy negotiation or by arms.
Resolved, That we truly appreciate the patriotic
spirit with which the l^'ederal (government espoused,
and our sister {States embraced our cause, and the
country came to our side, in a most severe and critical
emergency; and that, confiding in their continued
sympathy and support, and confirmed in the strtMrgth
or our cause, we feel warranted to rely for safely on
the sovereign power of the I'nion, the people of this
State maintaining all their constitutional rights.
Resolved, That in accm'dance with (he generous ex-
amples of our sister States, and not to be behind their
free-will oflerings on our be! alf, Ihis fState also volun-
tarily tenders its whole powers and resources, without
reserve, to the supreme authorities of the Union, to
sustain our national rights and honor; and it stands
ready, furthermore, obeying (he call, and abiding the
will of the country, to go forward aud occupy that
position which belongs and shall be marked out to it;
and engages, that it will not he wanting in any act, or
duty, of jlevotion to the (Jniou, ol fidelity to itself,
and, ahove ail, to the common cause of our whole
country.
Resolved, That this State is sufl'ering the extreme
unresisted wrong of Ik'itish 'uvasion, begun in lu39,
repeated in J 840, and contii. led to this time, in viola-
NORTH-EASTERN BOUNDARY.
639
tion of solemn and deliberate pledges from abroad,
guaranteed by our uwr. JCxecutive Government; that
tlie President of tlie United States, tberefore, be re-
quested and called upon to fulfil tlie obligation of tUe
Federal Constitution, by causing the immediate re-
moval, or expulsion, of the foreign invading force,
now stationed within (he bounds of Maine; and, other
methods failing, to cause military possession to be
taken of the disputed territory.
llesulvt'd, Tliat the Government of the United
States be earnestly invoked to provide for our future
protection against lu^"ign aggression, by proper estab-
lishments of military iiace, upon the frontier, and by
the due exertion of its constitutional powers, to liber-
ate and relieve this State from the present heavy bur-
den of its ovvu needful, nnavoidal)le defence.
JtcsnJi'ed, Tiiat the Government of the United
States is bound to cause the commission appointed to
explore and (race the North-eastern Boundary line
from the north-west angle of Nova Scotia, along those
highlands which divide the waters that empty into the
river St. Lawrence from those that fall into the Atlan-
tic Ocean, according to the treaty of 17i{;?, to be pro-
secuted with the utmost speed, vigor, and certainty to
its definite and abscdute conclusion, and that the same
should be com[)leted, and the true line run, and
marked, within the period of the present year.
Resoli'edf That the Governor be requested to trans-
mit a copy of these Resolves, together with this Re-
port, tj the President of the United States; and that
ftir/iij |. copies of the same be transmitied lo the presid-
ing officers of the two branches of Congress, and to
t! J I'lxecutives of the several States and the presid-
ing officers of the several Legislatures of said States,
and to the Senators and Representatives in Congress
of this State and of JNIassachusetts.
■iMi
640 ELECTION OF PRESIDENT.
Chapter 199.
JOINT RESOLUTION for amendinir the Constitution of th»
United States relative to the election of President.
Resolvedf That in the opinion of this Le2;islature,
the Constitution of the United States should be so
amended as to restrict the eligibility of the President
to one term ; and that an amendment to that eft'ect,
should be presented by Congress to the several States,
for their consideration.
Resolved further^ That the Governor be requested
to cause a copy of this Resolution to be communicated
to each of our Senators and Represpntatives ia Con-
gress, in order that the same may lie presented for
adoption; and that copies be likewise transmitted to
the Executives of the several States, to be laid before
their respective Legislatures.
MESSAGES OF GOVERNOR FAIRFIELD.
To the. Senate and House of Representatives :
I lierewitli lay before you copies of correspondence with the
Lieut. Governor of the Province of New Brunswick, and of
my communication to the President of the United States, in
relation to the occupation of the Madawaska selilernent by a
detachment of British troops. An official report of the trans-
actions alluded to by Lieut. Governor Harvey has not yet been
received by me.
JOHN FAIRFIELD.
Council Chamber,
January 6, 1841.
CORRESPONDENCE
[Lieut. Governor Harvey to Governor Fairfield.]
[copy.]
Government Housr, Fredericton, N. B., )
December 10, 1840. \
Sir: — As your Excellency will doubtless he informed that
a detachment of Her Majesty's troop, has lately arrived in the
Madawaska settlement, 1 deem it to consist with that frankness
by wliich 1 trust my iniercourse with the authorities of Maine
has always been characterized, to acquaint you that the move-
ment in question, made by the orders of the Governor General
of these provinces, has no other object than to give support to
the civil authorities of that settlement, one of whose magis-
trates, Francis Rice, Esq. has been grossly insulted, threat-
ened with personal violence, and obstructed in the discharge of
his duly, by persons professing tlnmselves to be citizens of the
State of Maine ; and another, James McLaughlan, Esq. also
a magistrate of this Province, and holding the oflice of " War-
den of the disputed territory," has been threatened, by the
person in charge of the armed posse stationed at " Fish river,"
with being arrested &nd sent as a prisoner to Augusta, in the
event of his persevering in the performance of the duties im-
45
««
642 MESSAGES OF THE GOVERNOR.
posed upon liini by the Government of the Queen nnd that of
this ]*r()viiice.
Wlicthfi- ilie asseriion mnde, n? T nm assured, liy iliis per-
son, that, in holding (his I.'inguage, he is oiily ailin!:; in Jiiiiird-
ance with his inslrnctions, he correct or oihciuisc, yciur
Excellency will best know. But re^fiisine;, as I liavo (Idui', lo
believe that he can luivf: received any nnlhoriiy lor a pr.n cfdiiig
t\-hic;h I iiinst regard as inconsistent with exi><iin^ enfijaijeinenii,
I have not hesMaled in expressing to the (Joveinor (ienend my
convictioii that an armed civil posse, corresponding in iimonni
and description with tiir.t maintained by .Maine, will lie loniul
quite adeqimte to efieet the objects in view, viz. the prevenlion
of acts ot" tinaulhorizcd niigression or inlcrference, its rejiiids
llie iidiahitants or andioriiies of the IMadawa^ka seiileini'inn.
And I have, accordingly, no reason to doubt thai, ocling upon
this suggestion, his Excellency will (brthwiih give direclioil*
for the troops to be withdrawn lo their former stations.
I have the honor to be,
Willi great consideralion and respect,
Your Excellency's most obedient servant,
.l.IIARVEV.
His Excellency, the Governor of wic State Elaine.
:
[Governor Fairfield to Lieut. Governor Harvey.']
[copy.]
EXF.CUTIVE DEP.\nTMi:NT, )
Saco, Dec. 15, ItiUJ, \
Sir : — I have the honor to acknowledge the receipt of your
Excellency's conitnunicaiion of the lOlli instant, ronlaining (ii|
explanation of a lale movement on the part of the (Jovernof
General of the Provinces, in ordering a detachment of ironpn
to the Madawaska seiilement. Yonr Excellency says it " has
'' no o'lhci object than to give support to the civil anllioi'iiits
" of ihat settlement — one of whose niiigistrates, Fiancis Ifico,
" Esq. has been grossly insidtcd, threatened with p"r-i(iliill
" violence and obstructed in the discharge of his duty by per-
*' sons professing themselves to bo citizens of the Huite of
" Maine — and another — James IMc Laugnhm, Esq. alio a iiiU"
*' gistrate of this Province, and h<!lding the oHlco of Wiirden
*' of the disputed territory, has been tiireatened by the per-
" son in charge of the armed posse stationed at ]''ish liver
"with being arrested and sent as a prisoner lo Augiistn, in iho
♦' event of his persevering in the performance of ihu diilieiy
MESSAGES OF THE GOVERNOR.
643
your
iifi (III
'iiKir
ron|)>l
' llim
ilirS
rsdiiul
I"''-.
Ill- itt
;i urn*
itiili-lt
|i<n'-
liver
ill ilm
(lllliuM
'* imposed upon him by the Government of the Queen and that
" of this Province."
While entertaining a just sense of the frankness and courtesy
in which this expl iiiatioii is made, I deem it my duty to say
that I cannot re(L:;ard the quartering of troops at the Madawaska
seitienicnt, at tiiis lime, hy the British Government in any
oilier light tlian as a direct and palpable infringement of the sub-
sisting arrangement; and that the riirumstnn'es above described
atlbrd no sullicient excuse or justification fur such an act. Nor
is it the less aggravated by the circumstance, that it is tha
repetition of a similar movement made since the arrangement
was entered into, and which was 5t the time the subject of
complaint and remonstrance, not only on the part of the State
authoriiies, but by the General Government. The first was
souirht to be jusiilicd on the ground of apprehensions that IMaine
inlciuled to do the liku. The latter, upon grounds which, if
not less subslaniial, certainl) afford no reasonable pretence that
any military force was necessary, nuich less a force in addition
to the two hundred troops already stationed at Temiscouata
Luke. In regard to this |)oint, that is, the absence of all ne-
cessity for a milil<trij force, 1 am happy to perceive that we do
not disagree, and 1 trust that your Excellency's suggestion to
the Governor General touching its withdrawal will not be with-
out eii'ect.
J II relation to the facts alleged, I am unable to say whether
yoin Excellency has been misinformed or not, but I have taken
measures to have them coriccily ascertained and reported. I
can assure your Excellency thai you but do me justice in re*
fusing l(j believe that 1 am disposed to authorize any acts "in-
consistent with existing engagements." If however the fact3
relate to a transaction of wliifli I have casually heard, but of
which I have not been oflicially informed, I think your Excel-
lency will find that the all'.'gaiiuns require much qualification.
It has been reported that viren certain of the citizens of this
Slate were a-^scmbled at the Fish river settlement, to give m
their votes for Kleciors of President and Vice President, under
a late law of this Slate authorizing it, a magistrate from the
Madawaska settlement presented hifusclf and altcnipled in the
exercise of his olllcial authority, to disperse ihem. If such
were the facts, instead of finding any cause for reprehension
in the resisting his authority by the residents at that place, 1
can only wonder at their forbearance in noi causing iiiin In be
arrested and subjected to :iial and punishment, according to the
laws of this State in such case made and provided.
Of the threats, supposed to have been made to arrdst Jamei
»H
644 MESSAGES OF THE GOVERNOR.
McLauchlan, Esqr., and send him to Augusta, I know nothing.
But your Excellency, I suppose, is aware that the right of that
gentleman to act as "Warden of the disputed territory" has
never been recognized or sanctioned by the authorities of this
State, and I would respectfully add, that so far as the present
Executive is concerned, never will be, especially in regard to
that portion of it in our exclusive possession and occupancy.
What particidar movements of Mr. McLaughlan have in-
duced the supposed threats, I am not apprised of. The facts,
however, in this as well as the other case, I have taken meas-
ures to have correctly reported ; when, I can assure your
Excellency, no disposition shall be wanting on my part to do
what a just regard for existing agreements as well as the honor
and interests of the State may require.
I have the honor to be,
With high respect and regard.
Your Excellency's most ob't serv't,
JOHN FAIRFIELD,
Governor of Maine.
His Excellency,
M^. Gen. Sir J. HARVEr,
lit. Gov. Province of New Brunswick.
[Governor Fairfield to President Van Buren.'j
[copy.]
E.iEcuTivE Department,
Saco, Dec. 15, 1840.
Sir : — I have the honor to enclose copies of a correspond-
ence between Sir John Harvey, Lieutenant Governor of the
Province of New Brunswick, and n)j"?elf, by which it will be
perceived, dial Maine is again subjected to the mortification of
naving foreign troops quartered upon her territory. The al-
leged causes for this renewed outrage, and the circumstances
undej which it has beer, committed, 30U will find stated in the
letter of Sir John Harvey. That the alleged causes are en-
tirely insufficient to justify so direct and palpable a breach of
the subsisting agreement between the authorities of this State
and the Lieut. Governor of tiie Province of New Brunswick,
is clear. Indeed they hardly afford a decent pretext for adding
another to the long calulogue of insults and injuries which the
citizens of this State have been compelled to endure, at the
hands of the British Government, for the last quarter of a
century. I trust that the Executive Government of the United
States will forthwith tako measures to ensure the immediate
w
f .
iOUF
MESSAGES OF THE GOVERNOR.
645
withdrawal of these troops from our territory, or to expel
them, should the candid and reasonable suggestion, which, it
seems, has been made to the Governor General of the British
Provinces bv Sir John Harvey, prove unavailing.
X iiave the honor to be,
Willi the highest respect.
Your most obt. servant,
JOHN FAHIFH^LD,
Governor of Maine.
His Excellency,
M. Van Buren,
President of the U. States.
[spond-
of the
will be
iiion of
he al-
Isiances
in the
are en-
each of
s State
Inswick,
adding
liich the
!, at the
tcr of a
United
imcdiaio
To the Senate and House of Representatives :
I herewith lay before you the First Annual Report of the
Directors and Superintendent of the Hospital for the Insane, —
and the Annual Report of the Inspectors of the State Prison.
JOHN FAIRFIEDD.
Council Chamber,
January G, 1841.
To the Senate and House of Representatives :
I herewith lay before you the Annual Report of the Adjutant
General. One thousand, the usual number of copies, have
been printed under the Resolve of March 23, 1836, and are
in the Acljutimt Generars odice subject to your order.
I also lay before you the Aiuiual Report of tiie Land Agent,
which has not been printed because not n»ade early enough for
that purpose.
JOHN FAIRFIELD.
CoUNCrL CHAMCER,
January G, 1841.
■ 1
ADDRESS OF GOVERNOR KENT,
T
BOTH BRANCHES OF THE LEGISLATURE.
Gentlemen of the Senate
and Ilouic of Reprcscniativcs :
In entering upon the discharge of the duties of the respective
oflices, to which we liuve hocn called, under the provisions of
the Constitution, il becomes us all to reflect, seriously and
deeply, upon the extent and limitation of the powers conferred,
;md the just expectations of the people; and to form the fixed
determination lo act with a singh; eye to (he general good, and
with the sole desire to advance the best interests of our con-
stituents and our State. 'J'he administration of the powers of
government is a great and serious trust, not llghlly to bo under-
taken, or indiOerenlly performed ; but calling, at all times, for
the watchful care and faithful exertions of all those to whom it
is committed. Those views of the true end of government,
which would confine the object and operation of our ins'itu-
tions to the mere pmposes of defence against ibreign or doniestic
violence or wrong, and the collection of revenue to meet the
fiscal wants of an administration, have not comm'-iuled them-
selves to the sober judgment of the American peojile. The
framers of our ConsiiiiiMons had higlier objects. Tliey re-
garded it among the first duties of govj^rnmenl, to fusier and
protect all the great interests of the country ; to see that the
Republic sufitMS no detriment by the neglect of its oflicers ;
that the laws are framed with special reference to (he wants,
employments and leccssities of the peoi)le ; and to aid (as
far as the powers dc'egatcd will justify,) the enterprise, industry,
and interests of the couinnmity. Such views of government
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that, in most instances, the directors of tiiose institutions havu
maintained the credit of their banks, and the public confidence
in their solvency and correct management. But if there are
any instances where it shall be manifest that sound and correct
banking principles have been departed from, or the institutions
made subservient to other purposes than those contemplated by
the law creating them, and there is evidence lo convince you
that there is real danger of final loss and fraud upon the com-
munity, I am sure you will need no urging from me, lo induce
you to take prompt, decided and efficient measures to prevent
the evils threatened or endured.
I regret that it is not in my power to congratulate you and
the State upon the final settlement of the long vexed cpiestion,
relating to our Norih-Eastcrn Boundary. On a former occa-
sion ] expressed my views fiilly upon the justice of our claim,
and the obligations of the federal government to aflbrd us aid
and protection in enforcing it. I have seen no reason to alter
the views then expressed. Our claim to the whole territory is
perfect and unanswerable, and no sophistry or evasion can
avoid or annul it. But it is needless to waste words upon this
point, as it is universally conceded by every American, that
the treaty of 1783, fairly interpreted and honestly executed,
would sustain all our claim. This unanimity of sentiment is
well calculated to inspire us with confidence, that although di-
plomacy may interpose its delays, there is an abiding conviction
pervading our whole country, which may be relied upon for
final support in the assertion of our just rights. It was indeed
confidently believed thai, after the solemn expression of Con-
gress in 1838, and the events which occurred on the frontier
in 1S39, the English government would be satisfied that delay
in the settlement of this question was dangerous to the peace
of the two countries. The promptness and energy with which
the government and the people of Maine, with one heart and
voice, met the threat lo expel us from the Aroostook ; the
ready obedience with which our chosen soldiery responded to
the call of their commander, and the unshaken zeal with which
they marched from their comfortable homes iu the depth of
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winter into tlie interior forests, and the firm determinnlion
which was manifeited by every man to sustain the assertion of
our r'ghts, must have satisfied ail, that aiiliougli Maine, for tlie
sakj '^f the peace and (luiot of the country, and in lier anxious
de-;ire to avoid collision wiUi a foreign power, might forbear to
enforce her extreme rights pending negotiations, there was yet
& point beyond whicii she would not submit to encroachments,
and there was a spirit in her people which would not shrink
before threats of miliiaiy expulsion. And whatever arrange-
ments have been assented to, in regard to tlie jurisdiction of
difierent portions of the territory, pcndinc; negoiiaiions, niust
be regarded merely as temporary in their nature, and under a
protest always that we relinquish no claim and no right to the
absolute and undisputed ownership and jurisdiction of every
inch of our Sta.e. ISIa'ne lias certainly deserved the sympathy
and support of her sister States, by hei' long coniinued forbear-
ance and patience, under circumstances so well calculated to
awaken indignation and incite to liosliliiios. A mere request
for a grant has ripened into an absolute claim, and year afier
year, our Slate lias witnessed lier hopes blasicd and licr reas-
onable ex|)ectations unfullllU'd, and this question of vital impor-
tance, tmdetermined and unadjusted. The arrangement assented
to on the part of Maine in iSoO, by which, on condition that
Maine should remain in undisturbed possession of part of iho
territory, it was stipulated that wo should not "attempt to dis-
turb by arms the Province of New Brunswick in the possession
of the Madawaska seitlemep\s," was acquiesced in by tha
people only on the ground and the belief, that immediate and
determined eflbrts were to be, in good faith, adopted by boili
General Governments, to bring the matter to a speedy, just
and final determination. Indulging such hopes, Maine l)a3
certainly yielded much in the matter of temporary arrangements
influenced by the wish to preserve the peace of the country
and to remove all obstacles to the progress of negotiation.
Bui she has a right to ask, when she yields so much, that her
• 'o; ives should be aijprociated and her cause become the cause
< f the whole country and pressed with vigor and energy to a
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final settlement. In ihe mean time it is our duty to keep our
eyes and our tliouglils upon the starting point of the treaty —
ihe norlli-west angle of Nova Scotia, and the highlands from
thence, so plainly specified in the treaty ; and not suffer our-
selves to be drawn away into aiscussions, whether the nionnment
St the source of the St. Croix, wliicii was located by both
GovRrnments more than forty years since and fully established,
is at the true point, or whether it is not possible that antediluvian
mountains existed, which, by some geological process have
become "abraded" siad worn down, and have now become the
beds of large rivers. The face of the earth, as it e:iisted in
the year of oisr Lord cne thousand seven hundred and eighty-
three, is to determine the location of the highlands of the
treaty, and the mere speculations of self-styled geologists con-
cerning imaginary or liieoietical highlands, which probably never
bad existence except in the fancies of speculative theorists,
cannot faiily and legitimately have the slightest influence upon
the ponding question, more psjiecially when, if it could bo
deinonstcaiod 'liat ilso assumed line now exists, it woultl not
answer any cf the requirements of the iroaty. To mystify
what is plain, and draw attention from the main subject to col-
lateral issues, is sometimes a diplomatic mode of procrastinating
a final decision, and of making up a plausible case from the
mere duration of the controversy.
The statement of the progress and present state of the nego-
tiations between the two governments, communicated by the
Prcsiilent of the Uniic-d tStalcs in his late annual message,
would lead us to inrjultce the hope of "a prompt and satisfactory
termination of the negotiation," and a "certain and final ad-
nistivent of the limits in dispute." The delav'^ and obstacles
which have heieiororf been interposed, and which hnve a|ipcared
to us unreasonable and unnecessary, canon; but still influehce
our feelings and load us to moderate our liopcs by our expcii"
cnce. Jf, however, the President has cause to say that iherg
is an undoubted disposition of both parties, to bring the matter
to an early conclusion, we may, without the char^ • of being
too sanguine in our anticipations, confideiiily trust that a fair,
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equal, and iionorable proposition for n commission, with final
powers to end the dispute, will be reafiily and fully assented to
by the English government, unless there is a fixed determina-
tion on its j)art to bring the matter to the last resort of nations.
The time cannot be far distant, when tht; question must assume
a more definite shape, either peaceab!-; or warlike; and much
as we may deprecate the awful evils aid miseries of war, we
ought to be prepared to meet tlid issue, if such, after all, is t!ia
delerniinalion of our opponents, with ihu firmness of men, who
feel that vhey have ihe right, and who will not yield fn threats
or force the inheritance of our fathers and \ho righttul ii'rritory
of our iSi: to. The unanimity which hns characterized our
State on this question, in the midst of all our political c^^cite-
ment?, is u .-.ire guaranty that tlu people are ready to sustain
their iuji. ■ j ii) all judicioi;-;, temjjfM-ate, yet firm and decided
measures ; and that it '• leg.'icled by thorn as too sacred and
too solemn a subject to be u:; ,. i liio irisirument of any mere
parly schemes ov tnovimcPi?
Lei us, in the spirit of I -f'j p.'»trio:ism, continue to regard
the coniroversy .»> one eminently national in its character, in-
volving both our iamicdiate interests as a Stale, and our duty
to the whole fnion, placed, as ve are, in (he fjontline of lbs
disputed ground. Cherishing such sentiments, Maine, in this,
];';r great quesiion, viU stand on )iigh and honorable ground,
and command the respect and aitention to whiidi she is entitled,
and iocme the aid and protection guarantied by the Constitu-
tion.
The sui .'cy and scientific examination of the line, claimed
by us, which was commenced by tho State, ni 1838, but wi'ch
bos since been suspended, has, at last, been undertaken by the
Geaoral Govcrnmeni ; and IVom the high character of the gen-
tlemen engaged, we are fully justified in indulging the confident
Vielief, tha: we shall soon have the evidence of competent wit-^
nesses, bn^ed upon actual examination, and embodied in a
formal report, to tho existence of those facts which a knowl-
edge 0** the laws of nature and the physical necessities of the
case ha"i long since satisfied every reasoning man must exist
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upon the face of the eorth. It is, in my apprehension, a source
of regret, that this examination has been so long delayed,
especially since the singular positions and remarkable assertions
and assumptions, in tlie report of Messrs. Featherstonhaugh
and Aiudge, to the British Government. That report ought
not 10 liave had two years priority of public attention over a
couou . ^ :amination and report on our part.
Tin- I orrespundence which has recently been communicated
to you, by my predecessor, discloses another movement on the
part of iho British authorities, weU calculated to arrest atten-
tion, and call forth indignant remonstrance on the part of Maine
!tnu the Cnion. If 1 am correctly informed, in a very short
ni:i9 after the conclusion of the agreement, by which it was in
effect stipulated that the British autliorilies sliould not attempt
to take military possession of what is termed by them "the
disputed territory," during the existence of that arrangement,
a detachment of Her Miijesty's troops was stationed at Temis-
couaia laii-c, within that territory, and has been continued there
ever since. And we are now informed that another detach-
ment has been moved to, and stationed at, the Madawaska
settlement, for the purpose of sustaining the jurisdiction and
supporting the exercise of authority, on the part of the British
magistrates. Tliis movement has been made by the Governor
General of the British Provinces, without any prior notification
or correspondence, seeking information or explanation from the
authorities of this State or the Tnited States ; and assuming,
as the ground of action, the report of acts and threats of indi-
viduals, without inquiring uiiether those assumed facts, if in
any part true, were in pursuance of orders, or justified by the
government of Maine. 1 cannot but view this proceeding, as
my predecessor d ,e-, in his reply to Sir .Tohn Harvey, as "a
direct and palpable infringement of the sibsisting arrangements,"
•jri i as taking military possession of that portion of the contested
territory. And if the suggestion of Lieutenant Governor
Harvey, who seems not to have been consulted in relation to
ihii, new act of jurisdiction, and who (evidently regard.* it with
regret, if not as an i.ifr" • ,,• -v.e.i., of sui\,!sting arraugenienls, is
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disregarded, and the British iroops are permanently located at
Wadawaska, I shall feel it my duty to reiterate tiie request
already made to the General Government, and to urge upon
that Government the justice and expediency of taking military
possession, on the part of the United States, of the territory
jn dispute. The General Government owes it to Maine, to
move forward in this matter, with promptness and energy, with
a sincere and even anxious desire to preserve peace, but with
an equally firm determination to maintain subsisting engagements
on our part, and to insist upon a full performance from th«
other parly. But I will not permit myself to doubt, that pru-
dent and wise roiincils will prevail, and that the promised ter-
niinaiion of pending negtJtiaiions will not be retarded or pre-
vented, by hasty and unjusiifiable movements, in relation to
miliiary occupation, during the progress of the surveys and
negotiations, intended for a final determination of the long
vexed question.
I would again call attention to our defenceless &cnl.-;ard and
frontier. I need not enlarge upon the fpic, for the naked
facts are the strongest arguments on the subject. As guardians
of Maine, it is your right and duty to set forth our situati.jn and
our claims upon the Government, that alone has the power (o
})Iace us in a ])roi)er state of defence against foreign enemies,
and I have no doubt you will discharge your duiy.
The state and condition of the treasury a[)peurs in the re-
port of the Treasurer, which has been laid before you. By
this document ii appears that the wiiole debt of ilie State,
exclusive of about eioveu thousand dollars of iumiediatc claims
uj)on the treasury, is one million six hundred and seventy-
eight thousand three hundred and sixty-seven dollars and foriy-
four conis ; and the ainiual interest is one hundred and two
thousand and sixty-one dollars. The funded debt of the Slate
is payable in three, live, eight, twelve, fifteen and twenty
years. J concur in the suggestion of the Treasurer, that it is
important that immediate measures should be taken to cr to a
sinking fund, for the payment of the debt as it may bdome
due. The claim of the State on the United States, for recent
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expenses in the Aroostook territory, is based upon expendi-
tures wliicli v.ere made from the money borrowed, and justice
to our successors seems to require, iliat llie amount, when
received, should be at once appropriated to meet that debt, and
not bo expended in defrayiiifi; llje current expenses of gov-
ernment. The sufft^esiion, also, that a portion of the an.iual
Stale tax may be tlujs appropriated, derives additional force
from the consiiieration, llint the present small amount of imme-
diate liiibiiities, and the large amount of cash oi^ hand and im-
mediately receivable, is owing in part at least, lo the fact, that
a considerable portion of the ordinary expenses of the last year
and interest on the public debt, have been paid out of the money
received from the loans obtained. This course was undoubt-
edly jiidicious, as it ))liicos the treasury in a slate to meet all
demands prompily. The other claim of this State, in conjunc-
tion with M.issachusctts, on the General Government — the
proceeds of the sale of public lands, and ihe collections of the
Land Oflice, or a part of the same, and perhaps the • bank
stock owned by the State, are other sourccs which yon may
see fit to apply to this purpose. We may now perhaps indulge
the hope, that the rights of the several Stales of this Union, in
the lands which arc held by the United Slates, in trust for
them, will soon be recognized and allowed, and the proceeds
of the sale be distributed, after liberal allowances to the n -.v
States, among the several States. If this act of tardy justica
is performed, the share of JNIainc will aid us much in meeting
our heavy responsibilities. But strict and unflinching economy
in llie expenditures is demanded at all limes, and more crpe-
cially at the present, when taxes bear so heavily upon us, and
the people are straitened in their means to meet them. I trust
I shall not be deemed as interfering with your proper duties, if
I call your attention to the heavy item of expense incurred by
the payment of the travel and attendance of the members of
the two Houses of the Legislature. I am aware that many
subjects of great importance are before you, which will require
careful and deliberate examination, but as ihort a session as is
consistent with a full performance of public duty, I am confi-
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672 GOVERNOR'S ADDRESS.
dent would gratify the people, and will certainly be favorably
felt in the sum total of our yearly expenses.
A vacancy will occur on the fourth of March next, in the
represent' tir. of ihis State in the Senate of the United Slates,
which il will t'.; ^ <ur duty to fill by election.
Thii dcsiinies of a noble State are temporarily entrusted to
us. The time is propitious for a calm, deliberate, and liberal
administration of aflairs. After the heat and excitement of a
long and vigorously contested election, the people seek repose,
and are disposed to extend t' ..^,:j in p^wer, a candid examin-
ation and impartial judgment. Relying upon that good Provi-
dence, which has ever been over us as a people, niny we perform
cur public duties with the fearlessness of conscious rectitude
and the fir.nness of unwavering principle.
KDWARD KENT.
Council Chamber, )
January 15, 1841. j
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