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case, and that the result will be to allay the anxiety produced by the im-
pression that the privileges of an American citizen and the jurisdiction of
a sovereign Power have been invaded. Maine has not only a wish to be
amicably connected with New Brunswick, but her interests impel her to
seek a friendly intercommunication ; yet you must be aware that honor
and justice demand of her the utmost respect and devotion, on her part, to
the rights of every citizen.

The attempt to extend the jurisdiction of New Brunswick over the dis-
puted territory will compel counteraction from Maine. The result must
be productive of so much evil, that it is not deemed indelicate or disre-
spectful to advert to it. The arrest of our citizens, on what we believe to
be a part of our State, will demand its utmost energies for resistance.



1()8 [ Senate Doc. No. 171. ]

No. 28.

Mr Daveh's appointment.

STATE OF MAINE.

Secretary of State's Office,

Portland, November 5, 1827.
Sir : I am directed to inform yoit that you have this day been appoint-
ed by the Governor of this State an agent, with authority to act in behalf
of the State of Maine, in obtaining information, either informal, or by au-
thenticated statements, as to all objects relating to rights of property and
jurisdiction between the Governments of the said State and the Province
of New Brunswick.

I have the honor to be, with great respect, your most obedient servant,

AxMOS NICHOLS, Secretary of State.
Charles Stuart Daveis, Esq., Portland.



No. 29.



Letter from the Goverrior of the State of Maine to the Lieutenant
Governor of Neiv Brunswick.

Pohtland, November 5, 1827.

Sir : 1 have the honor to solicit your friendly reception of Charles S.
Daveis, Esq., appointed to obtain information relative to our border diffi-
culties. It has been considered due to yourself to select, for this agency,
a gentleman of high character, and who, in the most acceptable manner,
may inquire into concerns calculated to produce a war between the United
States and Great Britain, unless, by the forbearance of injurif^s by New
Brunswick and Maine, it may be prevented.

In whatever point of view you may regard this subject, I have full
confidence that you will permit Mr. Daveis, if only in the capacity of a
stranger and a gentleman, to pass, with your countenance, through the
territory over which you preside, to the different portions of country he
may wish to visit, for the purpose of ascertaining the facts relative to
complaints of violence and injustice committed on the citizens of Maine,

This measure has been adopted, not to interrupt, but to cherish the most
respectful sentiments and amicable disposition between all those who
may be concerned.

Mr. Davcis's authority does not specially designate his object ; but you
are requested to consider him as fully empowered to demand the release
of John Baker, a citizen of Maine, said to be confined in the jail at
Frederickton, and that the persons who arrested him and conveyed him
there may be delivered up to be tried by the laws of this State, and dealt
with as justice may require.



I Seiia(c Doc. No. 171. ] 169

No. 30.

Letter /rant the Secretary oj' State of the United States to the Governor

of Maine.

Washington, October 30, 1827.

Sir : Miave comnntted to the charge of Mr. VVilham Prentiss, who will
have the honor to dehver them and this letter to your excellency, and
who is employed for that purpose, twenty-four manuscript volumes of
books, according to the accompanying list, on the subject of the North
and Northeasterly boundary lines of the United States, prepared at this
office for the State of Maine, conformably with the suggestions and de-
sire expressed by your excellency. From the extent of these manuscripts,
it is more than probable that they embrace copies of a great deal more,
in documents, discussion and argument, than was in the contemplation of
your excellency, or than was desired for the use of your State^ but to
secure a full compliance with your excellency's views, and to guard
against any deficiency, I gave directions to have a transcript made of
every thing which might by possibility bo useful or interesting upon the
occasion, having the remotest bearing upon the subject, v/ith the limita-
tion stated in my previous correspondence ; and as the selection was
necessarily committed to others, who may not have had a very accurate
view of the extent of the commission intrusted to them, it is not improb-
able that it may comprise much which may be found superfluous.

I seiid also forty-two copies of maps, likewise prepared with the same
views, and under the- same circumstances, which Mr. Prentiss will also
have llie honor to deliver to your excellency.



No. 31.



Letter Jiuia the Gove, imr of Maine to the Secretary of State of ilie.
' - i'nited States.

Portland, Noveml)cr 16, 1827.

Nik : I have received the documents you caused to be transmitted, with
the satisfaction naturally excited by so valuable a testimonial of regard
toi' the wishes of this State. An attention which has occasioned so much
troiible, cannot fail to produce a strong sentiment of respect, and to call
into action a proper sensibility, in acknowledgment of a burdensome ser-
vice, from those very deeply interested in obtaining it.

I have also this day received your communication of tlie date of the
loth instant. From its contents, I am made sensible that tlie objections-
I have had the honor to urge against the submission to a foreign umpire
of the territorial and jurisdictional rights of Maine, without consulting or
advising her as to the conditions, have not been deemed available. If any
injury shall result to her, the appeal will be made to the people of this
country and to posterity. It has not seemed arrogant or presumptuous
to have expected a recognition of her rights, and to have asked that if she
is to be made a sacrifice, she might not be devoted, without some con-
sideration on her part, of the terms.
12



170 [ Senate Doc. No. 171. ]

It IS not probable that your various important engagements can have
allowed to my Ibrmer comnuniications more than the cursory glance
which enables the oilicer in most cases to despatch business, especially in
those cases in regard to which he has marked out his course ; but, to save
repetition, I must ask your indulgence to refer to those communications
as containing statements and principles near to the hearts and mterests
of this community. When you cautioned us against suggestions of com-
promise and acts of precaution, it was not believed that it was that you
might the more easily throw us within the power of an umpire, but that
you intended to intimate that the powerful arm of the Federal Govern-
ment was holding its ample shield before us. At last we learn that our
strength, security, and wealth, are to be subjected to the mercy of a foreign
individual, who, it has been said by your minister, " rarely decides upon
strict principles of law," and *' has always a bias to try, if possible, to
spill the dift'erence." I cannot but yield to the impulse of saying, most
respectfully, that Maine has not been treated as she has endeavored to
deserve.

The painful duty of laying before you the testimony to prove the
aggressions committed upon citizens of this State by inhabitants of New
Brunswick, was seasonably discharged. It is feared that the violence
committed has been but the commencement of a system. The President
will surely bestow his attention upon the case of John Baker, who is
stated to have been arrested on land conveyed to iiim in fee simple,
in the year 1825, by the Commonwealth of Massachusetts and the State
of Maine. The conveyance was virtually a certificate of citizenship,
and a pledge for protection. It was also an act of State policy, a
deliberate political measure, and the "old commonwealth" and this re-
public may well call upon the President and Secretary of State to be
their protectors. All those who have contended against the impressment of
the sailor in our ships, will resent the arrest of the yeoman on the frontier.
Connecting this injury with others which have been suffered and threaten-
ed, it has been deemed proper to ap])oint an agent of the State to inquire,
in a friendly and respectful manner, into the facts, whose report will en-
able me to answer fully and correctly the questions you have proposed.
It is with great deference submitted that every investigation of this sub-
ject will satisfy the Federal Government that the representations I have
had the honor to i)rcsent might have been worthy a serious consideration,
which I doubt not they have received, although possibly too late. The
communications to the Lieutenant Governor of New Brunswick, and
other documents, will accompany this letter.



No. 32.

.sTATK OK MAINK.

BY I'flK OOVERNOK OF THE STATE OF MAINE.

A PROCLAMATION.

Whereas it has been made known to this State, that (Uie of its citizens
has been conveyed from it by a foreign Power, to a jail in the Province
of New Brunswick: and that many trespasses have been coimnittcd by



[ Senate Doc. No. 171. ] 171

inhabitants of the same Provinc^c upon the sovereignty of Maine, and tlie
rights of those she is bound to protect :

Be it also known, that, relying on the Government and people of the
Union, the proper exertion will be applied to obtain reparation and se-
curity.

Those, therefore, suftering wrong, or threatened with it, and those in-
terested by sympathy, on account of the violation of our territory and im-
munhies, are exhorted to forbearance and peace, so that the prepara-
tions for preventing the removal of our land-marks, and guarding the sa-
cred and inestimable rights of American citizens, may not be embarrassed
by any unauthorized acts.

ENOCH LINCOLN.

By the Governor :

Amos Nichols, Secretary of State.

Council Chamber,
Portland, Nov. 9, 1827.



No. 33.



Extract of a letter from the Secretary of State of the United States to
the Governor of Maine.

Washington, November 27, 1827.

Sir : I have to acknowledge the receipt of the letter which your excel-
lency did me the honor to address to me on the 16th instant, with its ac-
companiments, all of which have been laid before the President. He
sees, with great regret, the expression of the sentiment of your excellency,
that " Maine has not been treated as she has endeavored to deserve."
Without engaging, at this time, in a discussion of the whole subject of our
dispute with Great Britain about the Northeastern boundary of the Uni-
ted' States, in which the State of Maine is so deeply interested, which
would be altogether unprofitable, I am sure I shall obtain your excellen-
cy's indulgence for one or two general observations, which seem called
for by the above sentiment.

By the treaty of Ghent, on the contingency, which unhappily occurred,
of a non-concurrence between the British and American commissioners
in fixing that boundary, they were directed respectively to report to their
Governments, and the difference thus left unadjusted was to be referred
to a sovereign arbitrator. Your excellency, in the course of the corre-
spondence which has passed between you and this Department, has pro-
tested against this reference, and your objections to it have received the
most respectful consideration. The fulfilment of solemn obligations im-
posed upon the United States by the faith of treaties ; and the duty with
which the President is charged by the constitution, of taking care that the
laws (of which our treaties with foreign Powers form part) be faithfully
executed, did not appear to leave him at liberty to decline the stipulated
reference. If any other practical mode of settling the difterences had oc-
curred, or been suggested by your excellency, to the President, it would
have received friendly and deliberate consideration.



172 [ Senate Doc. No. 171. ]

It IS certainly most dpsirable that nations should arrange all dift'cr-
ences between them by direct negotiatidu, rather than through the
friendly agency ot' tiiird Powers. 'I'his has been attempted, and has
t'ailed. The Government ot' the United States is fully^ convinced that the
right to the territory in dispute is with us, and not with Great Britain,
The convictions of Maine are not stronger in respect to the validity ol"
our title than those whicli are entertained by the President. But Great
Britain professes to believe the contrary. The parties cannot come to the
same conclusion. In this state of things what ought to be done ? National
disputes can be settled only amicably or by an appeal to the sword. All
will agree that before resorting lo the latter dreadful alternative, every
friendly and peaceful measure should be tried and have failed. It is a
happy expedient, wliere nations cannot themselves adjust their differences,
to avail themselves of the umpirage of a friendly and impartial Power.
It multiplies the chances of avoiding the greatest of himian calamities.
It is true that it is a mode not free from all objection, and Mr. Gallatin
has adverted to one, in the extract which you give from one of his de-
spatches. But, objectionable as it may be, it is better, and not more un-
certain, than the events of war. Your excellency seems to think that the
clearness of our right should prevent the submission of the controversy
to an arbitrator. But tlie other party professes to be equally convinced
of the indisputable nature of his claim ; and if that consideration were to
operate on the one side, il would equally influence tlie other. The con-
sequence will Ije at once perceived. Besides, the clearness of our title
will attend it before the arbitrator, and, if we are not deceived in it, his fa-
vorable decision is inevitable.

The President regrets, therefore, that, in conducting the negotiation
with Great Britain, he could not conform to the views of your excellency,
by refusing to carry into elTect a treaty, to the execution of which the
good faith of the nation stood pledged, and which was moreover enjoined
by the express terms of the constitution.

But, if he could have brought himself lo disregard this double obliga-
tion under which he is placed, how could the interests of Maine have
been advanced ? Both parties stand pledged to each other to practise for-
bearance, and to abstain from further acts of sovereignty on the inioccu-
pied waste, until the (juestion of right is settled. If that question caimot
i>e settled by the parties themselves, and may not be settled by arbitration,
how is it to be determined? The remaining alternative has been suggest-
ed. Whether the time has arrived for the use of that, does not belong to
the President, but to another branch of the Government, to decide.

I caimot but hope that your excellency, upon a review of the whole
subject in a spirit of candor, will be disposed to think that the Executive
of the United States has been endeavoring, with the utmost zeal, in regard
to our Northeastern boundary, to promote the true interests of the United
States and the State of Maine ; and that this respectable State har; been
treated neither witli neglect nor inju'^tif'e.



[ Senate Doc. No. 171, ] 173

No. r?-l.

Letter from the f.ieiiienant Governor of New Brunswick to the Gov-
ernor of Maine.

Frederickton, (N. B.) November 15, 1827.

Sir : I have the iionor to cicknowledge the receipt of your excellency's
letter ot' the '22d October, requesting mo to communicate all the circum-
stances respecting the arrest of the individual named in your excellency'*;
letter.

It is not for me to question the propriety of your excellency's opening
a correspondence with the Government of this Province on a question
now pending in negotiation between his Majesty's Government and the
Government of the United States, as contracted under the treaty of Ghent:
but it would nether be consistent with my sense of duty, nor in conformity
with my instructions, to give the explanations your excellency requests
to any persons excepting those with whom I am directed to correspond
or under whose orders 1 am placed.

Should any reference be made by the General Government of the United
States to his Majest^'-'s minister, upon this or any other matter connected
with the Government of this Province, it will be my duty to afford his
excellency the fullest information, to enable him to give whatever expla-
nation he may deem proper.

Although, for these reasons, I must decline any further correspondence
with your excellency on this subject, yet it is in entire unison with the
sentiments and disposition which I know to animate his Majesty's Gov-
ernment, that I take this occasion to assure your excellency of my sincere
and cordial desire to do all in my power, so far as I personally am at lib-
erty to use any discretion in the duties with which I am imperatively
charged, to meet, with respect and consideration, the amicable disposition
Vv'^hich your excellency professes. I trust m3'" conduct will be found to
evince a just and manifest solicitude to repress and punish any acts on
the disputed territory which might lead to the interruption of a good un-
derstanding between the two countries, and to keep thf question in a state
propitious for a speedy and amicable adjustment.



In the Supreme Court вАФ Exchequer side.

York, to wit : Be it remembered, that Thomas Wetmore, Esq., attor-
ney general of om* sovereign lord the King for this his Majesty's Province of
New Brunswick, who prosecutes for our said lord the King, comes in his
own proper person into the court of our said lord the King, before the
justices of our said lord the King, at Frederickton, on the seventeenth
day of September, in the eighth year of tlie reign of our sovereign lord
the now King, and for our said lord the King, gives the court here to un-
derstand and be informed : Tliat, whereas a certain tract or parcel of land,
situate in the parish of Kent, in the county of York, in the said Province,
and lying on both sides of the river Saint Jolin, between the mouth of the
Madawaska river and the river Saint Francis, and containing in the whole
fifty thousand acres, in the hands and possession of our said lord the



174 [ Senate Doc. No. 171. ]

Kiiif?, on the first day ot" February, in tlie first year of his reign, and before,
and conliinuilly after, was, and of riglit ought to be, and yet ought to be,
in the right otliis imperial erown of the United Kingdom of Great Britain
and Irehuai, and as part of tlie dominions of our said lord the King, in
this Province; and for so long u time as there is no remembrance of any
man to the contrary, has been in the possession of the said lord the King,
and his predecessors, the Kings and Queens of Great Britain and Ireland,
and a part of the dominions of the said Crown. Nevertheless, one John
Baker, of the parish aforesaid, in the county aforesaid, farmer, the laws
of the said lord the King in nowise regarding, but intending the disheri-
son of the said lord the King in the premises, on the first day of February,
in the second year of tiie reign of our said present sovereign lord the
King, and on divers days and times before and since, with force and
arms, and without any lawful authority, in and upon the possession of
the said lord the King, of a part of his said lands, to wit, one hundred
acres thereof, lying on the west side of the Land Turtle or Mariumpticook
river, a branch of the said river St. John, at the parish aforesaid, in the
county atbresaid, intruded and entered, and erected and built thereon a
certain house and other edifices, and cut and fell divers, to wit, five hundred
timber and other trees, thereon standing and growing, of the value, to-
gether, of one hundred pounds; and took and carried away the timber
and wood arising from the said trees, and of his own will disposed there-
of; and the issues and profits of the same lands accruing, received and had,
and yet doth receive and have, to his own use, and still holds and keeps
possession of the lands ; and the said trespass aforesaid, hitherto and yet
continuing, to the great annoyance of our said lord the King, in contempt
of our said lord the King, and contrary to the laws, and against the peace
of our said lord the King.

Whereupon the said attorney general of our said lord the King, for the
said lord the King, prays the advice of the court here in the premises, and
that the aforesaid John Baker come here to answer the said lord the King
in the premises.

T. VVETMORE, Attorney General.

Endorsed, J. M. Bliss.

Examined by me, and certified to be a true copy :

T. R. Wetmore, Clerk to the Attorney General.

November 28, 1827.



STATE OF M.'MNE.

Office of the Secretary of State,

Portland, February 18, 1S28.
It is hereby certified that the documents contained in this pamphlet
have been compared with the originals, records and copies, remaining in
this office, and appear to be correctly printed, with the exception of the
(irrors noted in the table of errata.

H. NICHOLS, Secretary of State.



. [ Senate Doc. No. 171. ] 175

STATE OF MAINE.

In Senatk, February 6, 1828.
The joint select committee, to whom were referred the communication
from the Governor of the 2d instant, with the report of the agent appointed
by the Executive of this State, to inquire into and report upon certain
facts relating to aggressions upon the rights of the State of Maine, and of
individual citizens thereof, by inhabitants of the Province of New Bruns-
wick, and also the accompanying documents, have carefully examined the
same, and recommend that five hundred copies of the report of the said
agent be printed ; three hundred thereof for the use of the members of the
Legislature, and the remaining two hundred to be disposed of at the
pleasure of the Governor. The committee also recommend the passage of
the resolve which is herewith submitted.

JOHN L. MEGQUIER, Chairman.

In Senate, February 6, 1828.
Read and accepted. Sent down for concurrence.

ROBERT P. DUNLAP, President.

House of Representatives, February 7, 1828.

The House so far concur with the Senate as to accept that part of the
report which relates to the printing and distribution of the aforesaid agent's
report.

JOHN RUGGLES, Speaker.



Report of Charles S. Daveis, Esq., agent appointed by the Executive
of the State of Maine, to inquire into and report upon certain facts
relating to aggressions upon the rights of the State, and of indi-
vidual citizens thereof, by inhabitants of the Province of New
Brunswick.

Portland, January 31, 1828.

Sir : I have already acquainted your excellency with my proceedings
at Frederickton, and the manner in which I had perfomed the duty as-
signed to me by your appointment, within the Province of New Brunswick.

In pursuance of the further appointment to inquire into the nature of
aggressions complained of as having been committed by inhabitants of
New Brunswick upon persons residing near the frontier, within the limits
of this State, I endeavored to prosecute the inquiry, and to obtain correct
information by the best means that were in my power. In the actual
condition in which your excellency will perceive the whole inhabited por-
tion of the country bordering upon the river St. John, or any of its branches
within our boundary, or the region tliat is now termed disputed territory,
to be, it will be for your excellency to judge with what benefit I could
have proceeded to the highest points of American settlement, without the
advantage of a sanction from the adjoining authority. It happened, how-
ever, that I was enabled, in company with the gentleman appointed to



176 [ Senate Doc. No. 171. ]

make conespoiidiiii; inquiries by the President of the United States, to see
several persons who had come to Houhon from the country above the
river IMadawaska, in consequence of the state of tilings there existing, or
who were engaged in opening a winter road, as a communication lor the
people living on the river Aroostook, direct to that plantation. The state-
ments of these persons were taken under oath, at my request, before a
magistrate of the county of ^Vashington. Other testimony has been also
collected in the same form by another respectable magislTate of the same
comity, among the settlers on the Aroostook ; and other evidence has like-
wise been obtained, from which your excellency may be able, in some
rneasiu'e, to fill up the outlnie thus exhibited in regard to the true state of
affairs in that quarter. It is proper for me to say, that I should not have
been deterred from undertaking to complete it, by any apprehension of in-



Online LibraryUnited States. Dept. of StateMaine boundary--Mr. Greely, &c. .. → online text (page 22 of 56)