. SPECIAL MESSAGE OF GOVERNOR LINCOLN, Hefltslattti c of MARCH 17, 1832. AND CORRESPONDENCE BETWEEN HIM AND THE i GOVERNOR OF MAINE, IN RELATION TO A NEGOTIATION FOR THE TERRITORY NORTH EAST OF THE ST. JOHN. lioston : DUTTON AND WENTWORTH, PRINTERS TO THE STAT*V No. 4, Exchange Street. "7832." HOUSE No. 56. To the Honorable Senate, and House of Representatives : Immediately upon J6ceivmg;ti)e, -request to me by the two Houses of the JLegisJaJur.e, to apply to the Execu tive of Maine, foV-a- ioi^rtunitatibiV .o// the correspond-, ence which he had had with the Government of the United States, and with the agent of that State, upon the subject of a negociation for a cession of the territo ry North East of the St. Johns, I despatched, by a spe cial Messenger, a Letter addressed to His Excellency the Governor, a copy of which is herewith transmitted, for your notice. This Messenger returrfed the last 1 h night, with an answer, which also accompanies this communication. From this correspondence, it will painfully be percei ved, that the only ground of the proceedings of the Go vernment of Maine, which were confidentially commu nicated by the Letter of the Governor of the 5th inst, covering the Resolutions of the Legislature, approved by him, was in Letters from Mr. Preble, the Agent of that State at Washington, expressing his opinion in re gard to the expediency of the proposed arrangement, and that of the Representatives of that State in Con gress, in Letters addressed to him, which opinions were formed from circumstances unofficially within their knowledge, and that these communications are now considered by the Governor, so far private and confi dential, that he does riot feel himself authorized to make them public, without the permission of the persons from whom they were received. He has therefore declined affording the information, which was sought, by the or der of the Legislature. We are thus left without any knowledge of the change of circumstances, which has induced to the recent un expected and extraordinary manifestation of change of sentiment and policy, on this most interesting subject, in the State of Maine. We learn, neither, by what au thority a proposition to negociate for the Territory is made ; nor the terms which are to form the basis of such negociation ; nor who are to be the parties to it ; nor how far the compromise which may be contemplat ed is within the Constitutional power of the National Executive, with or without the consent of the States. Maine asks from us no consent or countenance to the bargain, which is now offered. Indeed, it cannot es- M72486 cape remark, that in the leading Resolutions of her Le gislature in reference to this subject, a joint concern in Massachusetts, even in the disposition of the property in the lands, is no otherwise adverted to, than by an ad monition contained in the resolution which proposes notice to us of the intention to negociate, that we may take charge of our own interest. The remembrance of former relations is no longer invoked. No appeal is made to a sense of mutual interest; to the principles of liberality, of magnanimity, and of friendly regard to a Sister State; nor is the generous, disinterested, and spirited response, which was given to that appeal for aid and co-operation, in the defence of the rights of jurisdic tion and State sovereignty, acknowledged or recognized. Under all these considerations, I respectfully submit to you, that no further proceedings here, are, at this time, required, for the dignity, honor, or interest of the Com monwealth. The deliberate and explicit opinions ex pressed by the Legislature upon the whole subject mat ter, at an earlier period in the session, fully assert the rights of the State in the property in question, and a confidence in the obligation of the National Govern ment to defend us in its possession and enjoyment. The Resolutions which were then passed, are in the hands of our Senators and Representatives in Congress, who will not fail to have the first notice of any hazard to our true interest, and faithfully to advise to the most effectual measures for its protection. LEVI LINCOLN. Council Chamber, March \lth, 1832. EXECUTIVE DEPARTMENT OF MAS SACHUSETTS. BOSTON, MARCH 13, 1832. Sir, -In compliance with a request of the Legisla ture of this Commonwealth, expressed in a concurrent order of the two Branches, a copy of which I have the honor herewith to transmit, it is made my duty to ask of your Excellency, to furnish, for the information oj this Government, copies of all the correspondence between the Governments of the United States and the State of Maine, and copies of any communication from the Agent of the State of Maine at Washington, in relation to the territory North and East of the St. Johns and St. Francis rivers, which were the occasion of the recent proceedings of the Legislature of Maine, confidentially communicated in their Resolutions which accompanied your letter of the 5th instant. The equal right of pro perty which this Commonwealth has in common with Maine, and the earnest, and I may be permitted to add, generous manifestation of sympathy and interest by this Government, in the assertion and vindication of the ju- risdictional sovereignty of the sister State to the territory in dispute, warrant a confiding expectation, that the de sired communication will frankly and cheerfully be made. 6 I pray you also to be assured, that in view to the im mediate adjournment of the Legislature, after an un usually protracted session, a compliance by the return of the special Messenger, who is charged with the de livery of this despatch and to wait your Excellency s re ply, will be very gratefully appreciated. I have the honor to be, With sentiments of the highest respect, Your obedient servant, LEVI LINCOLN. His Excellency Gov. Smith of Maine. EXECUTIVE DEPARTMENT OF MAINE. AUGUSTA, MARCH 15, 1832. Sir, I have the honor to acknowledge the receipt of your Excellency s letter of the 13th of this month, requesting to be furnished with copies of all the cor respondence between the Government of the United States aiftl this State, and copies of any communica tions from the Agent of this State at Washington, in relation to the territory North and East of the rivers St. John and St. Francis, which were the occasion of the recent proceedings of the Legislature of this State, confidentially communicated to your Excellency. The only correspondence which has been had with this Department, in relation to these proceedings, is contained in letters from Mr. Preble, the agent of this State at Washington, expressing his opinion in regard to the expediency of the proposed arrangements, and that of the Representatives of this State in Congress accompanied also with letters from them directed to himself. In these letters they also state the grounds of their opinion, which they have formed from circumstan ces inofficially within their knowledge. These com munications are considered as private and confidential, rather than as official documents, and I do not consider myself at present authorized to make them public, without the permission of the persons from whom they were received. I make these suggestions from an anxious desire to comply with the request communicated to me by your Excellency, so far as can be done consistently with my official duty and the public interest. The measures which have been so promptly adopted by our Parent Commonwealth in favor of the claims of this State to the territory in question, cannot fail to be gratefully received, and will tend to strengthen the friendship, and good understanding, which, it is to be hoped, will ever continue to exist between the two States. With the highest respect, I have the honor to be, Your obedient servant, SAML. E. SMITH. His Excellency Levi Lincoln. M72486 THE UNIVERSITY OF CALIFORNIA LIBRARY