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25th Congress, [ Doc. No. 12G. ] Ho. ov Rkps.

2(1 Session. Executive.



c y /<,W



*<^/ tw.



MAINE BOUNDARY— MR. GREELY, .^-c.



Ix Tiir. House of Kf.prksf.ntatives U. S., February 19, 1838.
On motion of Mr. Evans, of Maine, it wa.?
Ch-dered, That there bo printed, for the use of the members of the House, three thoiisand copies
extra of the message of the President of the United States of the 29th .I;muary ultimo, transmit-
ting Information called for by the House on the 9th of January, in relation to the imprisonment of
Mr. Greely, a citizen of the United States, by the British authorities of the Provinco of New
Brunswick, and the documents accompanying the same ; as also, of all the documents and papers
therein referred to.



MESSAGE



THE PRESIDENT OF THE UNITED STATES



TKANSMITTING



TTie information required by a resolution of the House of Representa-
tives of the 9th instant, in relation to the Imprisofimcnt of Mr. Gree-
ly, at Frcderickton, in the British Province of New Brunswick, ^^c.



January 29, 183S.
Postponed until Thursday next.



To the House of Representatives of the United States:

I herewith communicate to the House of Representatives a report from
the Secretary of State, with accompanying documents, in answer to their
resohition of tlie 9th instant.



Washingtox, January, 1838.



M. VAN BUREN.



Department of State,
JVashington, January 25, 1838.
To the Pj'esident of the United States :

The Secretary of State, to whom has been referred a resohition of the
House of Representatives, dated the 9th instant, requesting the Presi-
dent to communicate to that body "what measures, if any, have
been taken by tlie Executive for the release of Mr. Greely, a c'itizcn'of
Maine, now imprisoned in the provincial jail of New Brunswick, at Fred-
irickton, for an alleged violation of the jurisdiction of said Province over
he territory clai med by the British Government ; and, also, to commuin-

'bomas Allen, print.



I Doc. No. 126. ]



cate any corresponck-iice \Cliich tHieVExrcutivc department may have had

Jritish ^veiwi'ij|i'^t*or ihir J^xe(^ative of Ma
jcct of «a-id'~6T(jel^s imi>ri5;oiinu'nt, so lar as a conniiunioation of the



witli the Br



ainc, upon the sub-



same may be deemed by liini not iueompatible with the pubhc interest ;"
anii, hkewise, requestmg the President, if not incompatible witii the
public interests, to conunuiiicate to that House "any correspondence or
communication held between the Government of the United States and
llut of Crreat Britain, at dilferent times, respecting the wardensliip, occu-
[)ation, or actual possession of that part of the territory of the State of
Maine which is claimed by Great Britain," has the honor to report to
the Piesident the accompanying documents, which embrace the inform-
ation and correspondence, not heretofore pubUshed by Congress, called
for by the above-cited resolution.
Respectfully submitted. JOHN FORSYTH.



Copy.
Extract,



Copy.
Extract.



Copy.



List of accompanying papcy^s.

Governor Dunlap to President Van Buren, dated ISth Sep-
tember, 1S37.

Mr. Forsyth to jNIr Dunlap, 26th September, 1837.

Same to ^Ir. Stevenson, I2th July, 1837.

Mr. Stevenson to Mr. Forsyth, (with enclosure,) 21st August,
1S37.

iSIr. Forsyth to Mr. Stevenson, 2Sth September, 1837.

Mr. Stevenson to Mr. Forsyth, (with enclosure,) 22d Novem-
ber, 1837.

Mr. Clay to Mr. Vaughan, dated 9th January, 1829.

Mr. Vaughan to Mr. Clay, 13th January, 1829.

Same to Mr. Hamilton, (with enclosure,) 7th March, 1829.

Mr. Hamilton to Mr. Vaughan, 11th March, 1829.

Mr. Vaughan to Mr. Hamilton, 12th jMarch, 1829.

Same to Mr. Van Buren, (with enclosure,) 10th April, 182.9,

Mr. Van Buren to Mr. Vaughan, lltli May, 1829.

Mr. Vaughan to Mr. Van Buren, Mth May, 1829.

Same to same, (with enclosures,) 8th June, 1829.

Mr. liankhead to Mr. Livingston, (with enclosures,) 1st Octo-
ber, 1831.

Mr. Livingston to Mr. Bankhead, 17th October, 1831.

Mr. Bankhead to Mr. Livingston, 20th October, 1831.

Same to same, (with enclosures,) 22d October, 1831.

Same to same, (with enclosure,) 25th November, 1831.

Mr. Livingston to Mr. Bankhead, 2Stli November, 1831.

Sir Charles R. Vaughan to Mr. McLane, (with enclosures,)
20th October, 1833.

Mr. McLane to Sir Charles R. Vaughan, 23d October, 1833.

Sir Charles R. Vaughan to Mr. McLane, (with enclosures,) 17th
Decemlier, 1833.

Mr. McLane to Sir Charles R. Vaughan, (with enclosures,) 21st
December, 1.S33.

Sir Charles R. Vaughan to Mr. McLane, 23d December, 1833.

Same to same, (with enclosures,) 2Sth February, 1834.

Mr. McLane to Sir Charles R. Vaughan, 4tli March, 1834.



[ Doc. No. 126. ] 3

Memorandum of papers heretofore puhlisJicd, connected with Northeast-
ern boundary qucslion.

Senate documents. 1st session 20th Congress, Nos. 130, 171.

1st session 24th Congress, No. 414.
House Documents. 1st session 20th Congress, Nos. 217, 213.*

2d session 20th Congress, No. 90.
ndary- 2d session 2od Congress, No. G2.

-)y terJf 2d session 2 1th Congress, No. 125.

'"'••'jnftf 1st session 25th Congress, No. 31,

9d session 25th Congress, Nos. 73, 74.



The Governor of Maine to tJie President of the United States.

State of Maine, Executive Department,

September 18, 1837.
Sir : I lose no time in advising your exceUency that Ebenezer S.
Greely, Esq., a citizen of this State, Avhile employed within its limits,
and under its autliority, in taking an enumeration of the inhabitants of the
county of Penobscot residing north of the surveyed and located townships,
has been arrested a second time by the provincial authorities of New
Brunswick, and is now in confinement in the jail of Frederickton.

It becomes my duty to request that prompt measures be adopted by the
Govenmient of the United States to effect the release of JMr. Greely.

I have the honor to be, ^:c.

ROBERT P. DUNLAP.
His Excellency Martin Van Buren,

President of the United States.



Mr. Forsyth to Mr. Dunlap.

Department of State,
Washington, September 26, 1837.

Sir : I have the honor, by direction of the President, to acknowledge
the receipt of the letter addressed to him by your excellency on the ISth
instant, advising him that Ebenezer S. Greely, Esq., a citizen of Maine,
while employed within its limits, and under its authority, in taking an enu-
meration of the inhabitants of the county of Penobscor, has been arrested
a second time by the provincial authorities of New Brunswick, and is now
in confinement in the jail at Frederickton : and requesting that proinpt
measures be adopted by the Government of the United States to cll'ect
the release of Mr. Greely.

I hasten to assure you, in reply, that Mr. Stevenson, tlie minister of the
United States at London, will be immediately instructed to renew his ap-

• No. 218 relates exclusively to the North Western boundarj', and is not included in tliis
collection.



4 1 Doc. No. 126. ]

plication to the British Liovcrnuicnt for the release of Mr. Grecly ; and
that tlie rosuh, wlien obtained, and conimuiiicatcd to tliis Department, will
be made known to your expellency without mmecessary delay.

Information was given at an early day to the Executive of Maine of the
informal arrangement between the United States and Great Britain in re-
gard to the exercise of jurisdiction within the disputed territory ; and the
Presideiu's desire was then expressed, that the Government and people
of that Slate would co-operate with the Federal Goverimient in <"occu-ig
It into elFect. In the letter addressed to your excellency from'.;ite o'^c-
j)artment on the 17tli ultimo, you were informed of the continuo-i.v.c of
thai arrangement, and of the reasons for it. I am now instructed by the
President (who uidulges the confident expectation that the Executive of
Maine will still see, in the gravity of the interests involved, a suflicient
motive for his cordial concurrence in an arrangement which offers the best
prospect of an amicable and satisfactory adjustment of the general ques-
tion of boundary) to request your excellency's co-operation in the con-
ciliatory course adopted by the two Governments ; an adherence to which
seems the more important at this time, from the consideration that an an-
swer to the President's last proposition is daily looked for ; and to renew
to you the assurance that no efforts shall be spared, on his part, to bring
the negotiation to a speedy conclusion.

I have the honor to be, &.c.

JOHN FORSYTH.

His Excellency Robert P. Duxlap,

Governor of Maine.



Mr. Forsyth to Mr. Stevenson.

[extract.]

Department of State,

JVashiugton, July 12, 1S37.
Sir : I enclose an extract of a letter received at this Department from
the Governor of Maine, by which you Avill perceive that a citizen of
that State, named Ebenczer S. Greely, while employed, in virtue of an
appointment under one of its laws, in making an enumeration of the
inhal)itants, upon a part of the territory claimed as being within the
limits of the State, was seized by order of the authorities of the Province
of New Brunswick, on the 6th of June last, and imprisoned in the public
jail of Frcderickton, where he still remains. I also transmit a copy of
sundry documents relating to his arrest and detention. This outrage upon
tlie personal liberty of one of its citizens has actually caused great excite-
ment in Maine, and has produced an urgent appeal to the (ieneral Gov-
ernment for its intervention in procuring redress for what is considered an
unprovoked and unjustifiahle aggression. This arrest was made on a
])art of the territory in dis])uie between ihe United States and Great Brit-
ain, and could only have been justified, in the existing state of that con-
troversy, ])y. some plain infringement of the understanding which exists
between tiie parties, that, until the settlement of the question of right,
there shall be no extension of jurisdiction on either side within the dis-



[ Doc. No. 126. ] 5

puted limits. It is not perceived how the simple enumeration of the in-
habitants, about which Mr. Greoly was enii)loyed, could be construed as
a breach of that understanding ; and it is expecled that the Government
of Great Britain will promptly mark its disapproval of this act of vio-
lence committed by the provinci;il authorities, so inconsistent with those
amicable feelings under which the negotiation respecting the controverted
boundary has been hitherto conducted, and so essential to bring it to a
happy termination. You are directed, immediately upon the receipt of
this despatch, to bring the subject to the notice of his Majesty's Govern-
ment, and to demand, as a matter of justice and right, the prompt release
of Mr. Greely, and a suitable indemnity for his imprisonment.
Andrew Stevenson, Esq., <§*c.

List of papers sent loith ilie preceding despatch.

Extract of letter from Governor Dunlap to Mr. Forsyth, (with two
enclosures,) dated July 3, 1837.

Copy of letter from same to same, (with two enclosures,) dated June
27, 1837.



Mr. Sleverison to Mr. Forsyth.

[ EXTRACT. ]

Legation of the United States,

London, August 21, 1837.

Sir : I received, by the last packet to Liverpool, your despatch of the
12th July, (number 21,) transmitting copies of the documents and corre-
spondence in relation to the arrest and imprisonment of Mr. Greely, a
citizen of Maine, by the authorities of New Brunswick.

In pursuance of your instructions, I lost no time in presenting the sub-
ject to the consideration of the Government, and herewith transmit to
you a copy of my note to Lord Palmerston, to which no answer has yet
been received.

You will see that I waived for the present the discussion of the question
of right and jurisdiction, and contented myself with presenting the facts of
the case, and demanding the innnediate release of ]Mr. Greely, and indem-
nity for the hijuries which he had sustained.



Mr. Stevenson to Lord Palmerston.

The undersigned, envoy extraordinary and minister plenipotentiary
from the United States, has the honor, in pursuance of instructions from
his Government, to transmit to Lord Palmerston, her Majesty's principal
Secretary of State for Foreign AlTairs, copies of sundry official documents,
detailing the circumstances under which a most unwarrantable outrage
lias recently been committed by the authorities of the Province of New
Brunswick upon the rights and liberty of a citizen of the United States.

From these papers it appears that Ebenezer S. Greely, a citizen of the
State of Maine, was duly appointed for the purpose of taking an enumera-
tion of the inhabitants of that State, by an act of its Legislature ; that
on the Gth of June last, whilst ]\Ir. Greely was engaged in performing
this duty, and taking down the names of the inhabitants residing in that



6 [ Doc. No. 126. ]

part of the dispufed territory claimed by the United States as lying within
tlie limits of Maine, he was forcibly arrested by the antiiorities of New
Brunswick, immediately transported in custody to the town of Frederick-
ton, and imprisoned in the jniblic jail, whore lie still remains. This pro-
ceeding by the authorities of New Brunswick having produced, as might
justly iiavt^ been expected, very deep excitement in Maine, was fol-
lowed by an innncdiate appeal Irom the Governor of that State to the
GovernuKMit of the United States for intervention and redress.

This application on the part of Maine having received the special con-
sideration of the President, the undersigned has been instructed to lose no
time in presenting the subject to the early and earnest attention of her
Majesty's Government, and demanding. n«it'only the immediate liberation
of Mr. Grcelyfrom imprison;neiit,but indemnity for the injuries that he has
sustained.

In fultilHng tlicsc instructions of his Government, it is not the purpose of
the undersigned to open the general discussion of the respective claims of
Great Britain and the United States to the disputed territory, (within
which Mr. Greely \vas arrested,) or the right of either Government to ex-
ercise jurisdiction within its limits. Whatever opinion the undersigned
may entertahi as to the rightful claim of the State of Maine to the terri-
tory in dispute, and however unanswerable he may regard the argu-
ments by which the claim may be sustained, he deems it neither proper
nor needful to urge them upon the consideration of her Majesty's Govern-
ment in the decision of the present case; more especially as" the whole
subject is elsewhere, and in another form, matter of negotiation between the
two Governments, where the discussion of the question of right more appro-
priately belongs. The undersigned, moreover, docs not presume that pond-
ing the negotiation, and whilst efforts are making for the peaceable and final
adjustment of these delicate and exciting questions, her Majesty's Govern-
ment can claim the right of exclusive jurisdiction and sovereignty over
the disputed territory, or the persons residing within its limits. In such a
claim of power on the part of Great Britain, or its provincial authorities,
the undersigned need not repeat to Lord Palmerston, (what he is already
fully apprized of,) the Government of the Uniti.'d States wui never consent
to acquiesce in tlie existing state of the controversy. On the contrary, the
mutual understanding which exists between the two Govemmenls on the
subject, and the moderation which" both Governments have heretofore
manifested, forbid the exercise by either of such high acts of sovereign
power as that which has been exerted in the present case by the author-
ities of her Majesty's provincial Government.

The undersigned nmst, therefore, suppose tluit this arrest and imprison-
ment of an American citizen, under such cirrunjstancos,and in the existing
state of fho controversy, could only have been justified by some supposed
infringementof the understanding existing between the parties, in relation
to the question of jurisdiction within the disputed territory. Such, however,
was not the case. The correspondence! between the Governor of Maine
and the Lieutenant Governor of New Briniswick .shows that the only act
done by Mr. Gnn-ly was the sinqile emnneration of the inliabitanfs; and
it is not perceived howsucli an act could l)e construed into a breach of the
understanding lietween the two Govermnenls.

It is projx-r also to remark, that this was not the first time that the in-
habitants within this particular settlement had been enumerated under the
authority of the United States; it was done in the census of 1S20, (as a



f Doc. No. 126. J 7

portion of the State of Maine,) and was, at the time, neither o])jcctcd to
nor remonstrated against by the British Government or that of New
Brunswick.

Wlierever,then, the right of jm-isdiction and sovereignty over this terri-
tory may dwell, liie undersigned feels satisfied that her Majesty's Govern-
ment cannot fail to perceive that the arrest and imprisonment of Mr.
Greely, under the circumstances of the case, was not only a violation of
the rights of the United States, bat was wholly irreconcilable with tliat
moderation and forbearance which it is peculiarly the duty of both Gov-
ernments to maintain until the question of right shall be definitively
settled.

It becomes the duty of the undersigned, therefore, in pursuance of spe-
cial instructions from his Governmem, to invite the early and favorable
consideration of her Majesty's Government to the subject, and to demand,
as a matter of justice and right, the immediate discharge of Mr. Greely
from imprisonment, and a suitable hidemnity for the wrongs he has sus-
tained.

Before closing this note, the undei-signed will avail himself of the occa-
sion to remind Lord Palmerston of the urgency which exists for the im-
mediate and final adjustment of this long-pending controversy, and the
increased obstacles which will be thrown in the way of its harmonious
settlement by these repeated collisions of authorit]-, and the exercise af
exclusive jurisdiction by either party within the disputed territory.

He begs leave, also, to repeat to his lordship assurances of the earnest
and unabated desire which the President feels that the controversy should
be speedily and amicably settled, and to express the anxiety with which
the Government of the United States is waiting the promised decision of
her Majesty's Government upon the proposition submitted to it as far back-
as July, 1836, and which the undersigned had been led to believe would
long since have been given; and he has been further directed to say, that,
should this proposition be disapproved, the President entertains the hope
that some new one, on the part of her Majesty's Government, will imme-
diately be made for the final and favorable termination of this protracted
and deeply-exciting controversy.

The undersigned begs Lord Palmerston to receive renewed assurances
of his distinguished consideration.

A. STEVENSON.

23, Portland Place, Jlugiist 10, 1837,



Mr. Forsyth to Mr. Stevenson.

Department of State,

JVa^hingioJi, September 28, 1837.
Sir : You will receive, herewith, the copy of a note dated the ISth in-
stant, recently received by the President from the Governor of jNIaine, who
alleges that Ebenezer S. Greely, Esq., a citizen of that State, while employ-
ed within its limits, and under its authority, in enumerating the inhabitants
of Penobscot county, has been again arrested and imprisoned by the pro-
vincial authorities of New Brunswick; and requests that speedy measures
be adopted by the Government of the United States to procure the release
of Mr. Greely.

Governor Dimlap has been assured, by the President's direction, that



8 [ Dor. X<>. 1-26. ]

steps would be immediately taken to ellect that object; and you are ac-
cordingly instructed, on the receipt of this despatch, to brhig the subject,
without delay, to the attention of the British Secretary of State for For-
eign Alfairs. You will remonstrate, in a respectful but earnest manner,
against this second violation of the rights of Maine, in the person of her
agent, and demand the proni})t release of ]Mr. Greely, with such additional
indenujiliealion as the nature of the outrage calls for.

I am, &.C,

JOHN FORSYTH.
Andrew Stevj;xson, Esq., ^'c.



Mr. Stevenson to Mr. Forsyth.
[extracts.]
Legation of the United States,

London, November 22, 1S37.
" On my return to London, after an absence of a few weeks, I found
your despatches, Nos. 26 and 27, under date of the Stli and 2Sth of Sep-
tember. In pursuance of your instructions, I addressed an oflicial note
to Lord Palmersion on the subject of the second arrest and imprisonment
of Mr. Greely by the provincial authorities of New Brunswick ; a copy of
which I have now the honor of transmitting to you."

" No answer has yet been received to my first note ; but I presume a
decision of the case maybe soon expected."



Mr. Stevenson to Lord Pal7nerston.

The undersigned, envoy extraordinary and miiiister plenipotentiary
from the United Stiites, had the honor, on the 10th of August last, of ad-
dressing to Lord Viscount Palmerston, her Majesty's principal Secretary
of State for Foreign Alfairs, an official note complaining of the arrest
and imprisonment of Ebenezer S. Greely, a citizen of the United States,
by the provincial authorities of New Brunswick, and demanding, by or-
der of his Government, the immediate release of Mr. Greely from impris-
onment, with suitable indemnity for the wrongs he had sustained. To
this communication, a note was received from his lordship, under date
of the 22d of the same month, in which an assurance was given
that an early answer to the complaint might be expected. No answer,
however, has yet jjcen received ; and it is with unfeigned regret that the
undersigned finds himself constrained in again inviting the attention of her
Majesty's Government to the subject, to accompany it with another com-
plaint of a second outrage committed, by the authorities of New Bruns-
wick, upon the riglits and liberty of this individual.

From recent information received, it ajipears that shortly after the first
arrest and imprisonment of Mr. Greely, he was, by the orders of the
Lient(;nanl Governor of New lirunswiek, released from confinement, but
was inuiK.'diately thereafter again taken into custody l)y his authority, and
reronnnitted to the jail of Fn^deriekton, where he is now detained. This
fact iiaving been conmuuiicated by the Governor of INIaine to the Presi-
dent of the Uni\ed States, (in an oificial communication setting forth the



[ Doc. No. 126. ] 9

circumstances under which it was done, a copy of which is herewith trans-
mitted,) the undersigned has received the special instrnctions of his Gov-
ernment to bring the subject, without delay, to the notice of her Majes-
ty's Government, in order that immediate steps may be taken for the lib-
eration of Mr. Greely, and indemnity made for the injuries he has suf-
fered.

Having, in the first note which he had the honor of addressing to Lord
Palmerston, stated the grounds upon which the release of this individual
was demanded, and the expectations of his Government in relation to the
subject ; and having waived the discussion of tlie questions of right and
jurisdiction, which he still intends doing, it will not be needful to do more
on this occasion than express to his lordship the painful surprise and re-
gret with which the President has received information of this second out-
rage on the part of the authorities of New Brunswick ; and to repeat the
assurances heretofore given, that such proceeding can be regarded in no
other light than a violation of the rights and sovereignty of the United
Stiites, and entirely irreconcilable with that mutual forbearance which
it was understood would be practised by both Governments pending the
negotiation.

The circumstances under which these recent attempts to enforce juris-
diction have been made, show that, in the most favorable aspect in which
they can be regarded, they were wholly indefensible.

The act for which Greely was arrested and imprisoned, so far from having
been committed within the acknowledged dominions of the British Crown,
and beyond the hmits of the disputed territory, and therefore liable to be
treated as a violation of territorial jurisdiction, took place, as appears by
the statement of the Governor of Maine, whilst he was employed within
theiimits of that State, and under its authority, in enumerating the inhab-
itants of the county of Penobscot.



Online LibraryUnited States. Dept. of StateMaine boundary--Mr. Greely, &c. .. → online text (page 1 of 56)