^>. IMAGE EVALUATION TEST TARGET (MT-3) l!l 1.0 2.5 2.2 I.I 1^ ■yuu 2.0 L25 IIIIU 11.6 /: iW /^ /v^"^- ^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 tt'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 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 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 ' '' 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 l ' llim ilirS rsdiiul I"''-. Ill- itt ;i urn* itiili-lt |i 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 it 1 t '!> GOVERNOR'S ADDRESS. 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 669 u j i ^^1 670 GOVERNOR»S ADDRESS. 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 \ I e; til GOVERNOR'S ADDRESS. 671 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- II 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'.; ^