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erected into a town or parish by the name of Kent." The parish of Wake-
field was incorporated in 1S03, by an act also entitled " An act for erecting
the upper part of the county of York into a distinct town or parish." A
statistical account of New Brunswick, published in Fredcrickton in 1825,
describes the parish of Kent as extending on both sides of the river from
the Grand falls to Wakefield. The parish of Wakefield, it is understood,
extended above the military post at Presque Isle, a station which was
.abandoned the year follovvring the creation of the parish of Kent.

A succinct statement may be made of the measures adopted by the
Government of New Brunswick the present season. By an official act of
the 9th of March last, reciting that satisfactory assurances had been con-
veyed to his Majesty's Government of the earnest wish of the Govern-
ment of the United States to reciprocate the conciliatory disposition shown
in regard to the disputed territory at the upper part of the river St. John,
it was declared to be most desirable, until the present question thereto
should be finally settled, that no new settlement should be made, or any
timber or other trees felled in the wilderness parts of that territory, nor
any act done which might change the state of the question as it existed
when the treaty of Ghenf was executed.

Instructions were accordingly issued, addressed, in general terms, to all
magistrates residing in the vicinity of what was termed disputed territory,
directing them how to proceed, in the event of " any depredations being
attempted by either party, on the lands in question." They were re-
quired to be vigilant, and use their utmost diligence to discover any at-
tempts which might be made by any of his Majesty's subjects to intrude
upon the territory,' with a view' to make settlements or to cut timber, and



19() [ Senato Doc. No. 171. J

to make ininit-'diate representation tliereof to his Majesty's Attorney
General, that legal steps might be taken to punish such intruders and
trespassers; and should they discover " similar attempts to be made by
any other person, whether unauthorized or acting under color of au-
thority,'' to use their best endeavors to ascertain the names of such per-
sons, and report them to the Secretary of the Province, with affidavits to
establish the facts, for the Lieutenant Governor's consideration.

Information of these proceedings was communicated to the Government
of tiie United States, by the British minister, in September last, as furnish-
ing proof of the friendly disposition which animated the Lieutenant Gov-
ernor of New Brunswick. Mr. Clay was at the same time informed by
Mr. Vauglian that no attempt had ever been made to form new settle-
ments, and that the Lieutenant Governor had abstained from exercising
any authority over the unoccupied parts of the disputed territory, except
for the purpose of preserving it in its present state ; and assured Mr. Clay
that it was the wish and the duty of the Lieutenant Governor to avoid
giving the sliglitcst uneasiness to the Government of the United States, on
the territory which had unfortunately remained so long in dispute between
the two Governments.

The letter of the Ikitisli minister to Mr. Clay, of September 17th, is in
answer to a communication from the Secretary of State, conveying a rep-
resentation from your Excellency to the Government of the United States,
respect ingcertain acts of the Government of New Brunswick which were
considered an undue exercise of jurisdiction in the settlement on the river
St. John, composed of the grantees under Massachusetts and Maine, and
other American settlers. In his answer to this communication, the British
minister observes, that "it appears from Governor Lincoln's statement
that the settlement in question is a Ikilish settlement upon the river St.
John, westward of the Madawaska ; and that it is composed of the original
.settlers, and of emigrants from the United States."

In what manner the settlement west of the Madawaska can be con-
sidered a British settlement, can only be explained by a subsequent pas-
sage in the same letter, in which the British minister says, that " ever since
the Province of New Ikunswick was established, in the year 1784, the
territory in dispute (between Gieat liritain and the United States) has al-
ways been considered as forming part of it ; and the rights of sovereignty
have, in consequence, been exercised by the British Government." He
therefore protests against the validity of any title to lands in the ancient
liriti.sh settlements, granted by the States of Maine or Massachusetts,
"until a change in the right of possession shall have been etTected,in con-
sequence of the fifth artirle of the treaty of Ghent."

'I'o sup[i(»rt this i)osition, the Jiritish minister refers to a map of Nova
Scotia, pulilislied by the Jioard of Trade in 1755, including the territory in
dispute in the Province of Nova Scotia. Jiy a map of this territory, pub-
li.shed by order of the British House of Conunons, 2nth June, 1S27, the
territory in question is not included in the Province of New Brunswick.

In a subse(jU<;nt letter from the ]kiti;sh minister to Mr. Clay, dated No-
vember 21. he sj)eaks (»f tlu; jtroceedings of the luagistrates acting under
tlie authority of bis Mritaimic Majesty, in the I^ovinee of New lirunswick,
against two citizens of the United Slates, established in British seltlements
upon the rivers Aroostook and Madawaska. These proceedings, he
observes, are supported by two affidavits, Iransniiiled by your excellency,,



[ Seiate l)oo. N(k l7(. ] 191

viz: one of "William Dalton, residing upon the Aroostook," and the
other of Jonathan Wilson, relating " to the arrest at Woodstock, upon the
Madawaska river, within 65 miles of Frederickton, of Mr. Baker, for
having interrupted the passage of the mail from New Brunswick to
Canada."

The Britisii minister states to Mr. Clay, that "the sovereignty and juris-
diction over the territory claimed hy the British commissioners, according
to the line laid down hy them, running by Mars hill, comprehending, in
that portion ol' the territory of New Brunswick, the rivers Aroostook and
Madawaska, have consequently remained with Great Britain, having
been in the occupation and possession of the Crown previously to the
conclusion of the treaty of 1783 ; and that the opposite claim of the United
States caimot furnish any pretext for an interference with, or an interrup-
tion of, the exercise of the jurisdiction within the territory, by magistrates
acting under British authority, on the part of the citizens of the United
States who may choose to reside in those ancient settlements." He
adds, that he has already communicated to the Secretary of State sufficient
proof of the decided resolution of his Majesty's Lieutenant Governor of
New Brunswick to maintain the disputed territory in the same state in
which his excellency received it after the conclusion of the treaty of
GheiU ; and that he is convinced that a mutual spirit of forbearance ani-
mates the General Government of the United States. The British minister
further acquaints Mr. Clay that Sir Howard Douglas deems it his duty,
as Lieutenant Governor, not to abandon any right of practical sovereignty
which has been exercised in the disputed territory, " which has been iield,
occupied, and located, as British settlements," for any period within the
past century, or even later. That, considering the contluct of Baker fit
matter for cognizance of the law officers of the Crown, his excellency had
directed the Attorney General to take such measures as he might deem
necessary, to enforce the municipal law of the Province ; and that there
could be no grounds for complaint of an undue and illegal exercise of ju-
risdiction, whatever motive there might be for remonstrance against the
severity with which the laws might be executed.

I take occasion to collect those details from the correspoi>dence of the
British minister in this country, and present them to your excellency's
attention, in order to exhibit the principles on which the acts in question
may have been performed, and also because the conclusions which he de-
duces from them are so undeniable. The character of this avowal is so
peremptory, that it puts an end to all ground of inquiry on the part of
Maine ; as the position, thus taken on behalf of the British Government,
extends to justify the exercise of every species of power for v/hich a pre-
cedent can be found in the past century, or even the present ; and Maine
has no right to find fault with the manner in which the laws of die "Prov-
ince may be executed in New Brunswick. So remarkable a proposition,
however, is not well calculated to diminish our concern on account of the
cause for which so large. a proportion of territory may be withdrawn from
the jurisdiction of the State ; although it may allay your surprise at the
determination of the Lieutenant Governor of New Brunswick to decline
any intercourse with the Executive authority of the State, of the kind that
has heretofore existed between adjoining Governments.

If it be the correct state of fact,- as thus represented, that the territory in
question has ever continued in the occupation and possession of the Brit-



192 \ Senate Uoc. No. l7l. ]

ish Crown sin«-t' tlic ircuty ot' 17>s;J, it aiibnls a strong color, uiiqutistiona-
bly, to the claim insisted upon to ihe absolute sovereignty ; as in a dubious
case of ri^lit, wiiere lines have become obscured, an open, notorious, and
exclusive possession, for a great length of time, in the presence and with-
out the reproof of an adverse claimant, nujst necessarily have great
weight in determining the title : and the principle thus strongly assumed,
gives an important aspect to the demaiul which has been made upon
Maine and Massachusetts, luider the form of the fifth article of the treaty
of Ghent.

It is to be doubted, however, whether your excellency will be able to
discover evidence of the existence of any British settlement whatever
within (he boimdary of Maine, The act of undertaking to remove all the
settlers upon the territory to which the British Government lays claim,
except the French, as trespassers and intruders, certainly does not tend to
give any portion of the territory the character of a British settlement, by
reason of their residence. Whether the act establishing the parish of
Kent was intended to form a British settlement beyond the boundary,
may depend upon the limits assigned to it — if it have any other than those
of the disputed territory.

The sunnnonses to the settlers on the Aroostook were dated 19th of
May, and served early in July, before any movement of the Americans in
the upper settlement on the St. John. On the Uth of August, Mr. More-
house trai\smitted a list of American citizens settled on the river St. John,
above the French settlements. The summonses to the latter, so far as
seen, were dated September 17th. It is not known that there was any
one of the American occupants in that quarter, where all are American
citizens, omitted in the process. Warrants were also out against Bacon
and Stutson, on charges similar to those against Baker, but had not been
executed. It is due to say that 1 derived valuable benefit from Mr. liar-
rell, to whom I also end<'avored to alibrd all the aid in my power.

The result of this inquiry, from the justification advanced, is, that the
Government of New Brunswick recognises the acts committed by her
magistrates, and adopts them in all their bearings. It is now perfectly
understood that the Government of New lirunswick claims to extend the
laws of the Provmc*^ over a large portion of the territory of Maine. The
operation is not merely left to inference. The design is not ailected to be
concealed. The pretension is j)ublicly announced in official papers and
comnuniications, sj)eaking the unequivocal language of the Government.
We have a frank exposition of the views which are entertained by the
British minister in this country, and the sentiments and spirit which ani-
mate the Lieutenant Governor of New Brunswick. The whole tract of
country which has be(;n the scene of late conq^laints is challenged as be-
ing within the allegian(ni of his Britannic Majesty, under his sovereignty
and jurisdiction, and subject to the municipal regulations and control of
his govermneiu. No persons are considered as lawfully residing therein,
excc[)t by the authority or suflerance of the Provincial Government. No
mhabitants of this territory, whatever time they have been on, are deem-
ed to be possessed of any estate therein, except by virtue of the Province
laws. No residents are (.'Utillc'd to acquire any rights in real estate, ex-
cept British subjects. All other occupants of the soil are treated as tres-
passers and intruders. All other inhabitants are liable to the disabilities
of aliens, and to the restrictions imposed upon their actions^ intercourse,



[ Senate Doc. No. 171. ] 193

and industry, by the enactments of Prov^incial legislation, and likewise in
respect to tlie right ol" bearing arms. Every American citizen is required
to report himsell', within two months after his arrival, to a regimental
quartermaster, and is subjected to an arnuial assessment for tlie mainte-
nance of the Provincial militia. The residue of the territory, excc[)ting
such small portions as may be parcelled out, is reserved as Crown lands ;
and trees are forbidden to be cut among the royal forests, upon the penal-
ty of the Province laws. Grants and licenses arc \vitlih(>ld or suspended
for profound considerations. In other respects, the authority and laws of
the Province are put in active operation and asserted with fnll vigor.
This description is to be understood as applying to a large part of the State
of Maine.

The consequence is, that the class of cases concerning which the Gov-
ernment of Maine is anxious to extend its inquiry, is not considered as
coming witliin the scope of her constitutional care and cognizance. The
individuals on whose behalf her solicitude is excited, arc intruders upon
lands not within the State of Maine. Although citizens of that State,
they have put themselves out of its power, and lay no longer claim to its
protection, but are liable to be dealt with only according to the laws of
New Brunswick, and placed under its Provincial police. This is the
broad ground taken by the Government of that Province, While it is
certain that no undue severity of motive can be attributed to the superior
Executive of New Brunswick, it is equally apparent that the Provincial
Government undertakes to exercise, in all respects, the rights of the most
incontestable jurisdiction.

The facts are shortly these : Citizens of Maine, and others, settled on
lands surveyed and granted by its authority, living within its ancient and
long-established limits, are subjected to the operation of foreign laws.
These are applied to them in the ordinary course of civil process, in taking
away their property, and also their persons. American citizens in this
State are proceeded against as aliens, for sedition and other offences and
misdemeanors against the Crown of Great Britain ; and one of them, a
grantee of Massachusetts and Maine, seized on the land granted, remains
in prison on charges of that description. A portion of this State, of con-
siderable magnitude, is thus actually incorporated into the adjoining Prov-
ince ; and his excellency the Lieutenant Governor, a person of great vir-
tue, is unable, from his situation, to afford the explanations which these
acts obviously require, except to those under whose orders he is placed,
or with whom he is obliged to correspond.

In begging leave to submit these circumstances to your excellency's
consideration, and requesting permission to refer to accompanying papers,
I am sensible of the occasion there is to solicit your indulgence in per-
forming the duty I owe to yourself and to the State.

I have the honor to be, with the highest respect, your excellency's most
obedient servant,

C. S. DAVEIS.

To His Excellency Governor Lincoln.



14



194 [ Senate Doc. No. 171. )

STATE OF MAINE.

Ji resolve in relation to aggressions upon the northeast frontier of the

State.

Whereas the sovereignty of tliis Stale has been repeatedly violated
by the acts of the agents and officers of the Government of the British
Province of New Brunswick, and that Government, by its agents and
ollieers, has wantonly and injuriously harassed the citizens of this State
residing on the northeastern frontier of the same, and within its limits,
by assuming to exercise jurisdiction over them, in issuing and executing
civil and criminal process against them, by which (heir property has been
seized, and some of them arrested and conveyed out of the State, and
subjected to the operation of the laws of that Provhice ; in establishing
military companies within the territory of this State ; imposing fines for
neglect' of military duty ; imi)osing upon our said citizens an alien tax,
and requiring payment of the same : And whereas, by the exercise of
the aforesaid unwarranted acts of jurisdiction by the Government of the
said Province, some of our citizens have been deprived of their liberty,
their property destroyed, many of them driven from their lands and dwell-
ings, the tranquillity and peace of all of them disturbed, and the* settle-
ment and population of that part of the State adjoining said Province
greatly retarded, if not wholly prevented: Therefore,

Jiesolvcd, That the present is a crisis in which the Government and
people of this State have good cause to look to the Government of the
United States for defence and protection against foreign aggression.

Resolved, further, That, if new aggressions shall be made by the Gov-
ernment of the Province of New Brunswick upon the territory of this
State, and upon its citizens, and seasonable protection shall not be given
by the United States, the Governor be, and he hereby is, requested to use
all proper and constitutional means in his power to protect and defend
the citizens aforesaid in the enjoyment of their rights.

Resolved, further, That, in the opinion of this Legislature, the Execu-
tive of the United States ought, without delay, to demand of the British
Government the immediate restoration of John Baker, a citizen of this State,
who has been seized by the officers of the Province of New Brunswick,
within the territory of the State of Maine, and by them conveyed to
Frcderickton, in said Province, where he is now confined in prison; and
to take such measures as will eftcct his early release.

Resolved, further, That the Governor be, and he hereby is, autjiorized
and re(iucsted, with the advice and consent of Council, from time to time
to extend to the family of the said John Baker such relief as shall be
deemed necessary ; and he is hereby authorized to draw his warrant ou
the treasury for such sum or sums as shall be required for that purpose.

In the HorsE of Representatives, /Vir;/«ry 16, 1S28^
Read and pa«se^. JOHN RUGGLES, Speaker.

Attest: James L. Child, Clerk.

In Senate, February 18, 1828.
Read and passed.

ROBKRT P. DUNLAP, President

Attest: Ebenezer Hutchinson, Secretary.

February 18, 1828— Approved: ENOCH LINCOLN.



[^'eiiate Doc No. 414. | ] 95



[Senate Document No. 414 — 24th Congress, IstStwaion,]

Message from the President of the United States, transynitting {in
compliance with a resolidion of the Senate) sundry documents re-
lating to the Northeastern Boundary of the United States.

To the Seyiate of the United States :

I communicate to the Senate a report from the Secretary of State,
with a copy of the correspondence requested by a resohition of the 21st
ultimo, relative to the Northeastern boundary of the United States.

At the last session of Congress, I felt it my duty to decline complying
with a request made by the House of Representatives, for copies of this
correspondence ; feeling, as I did, that it would be inexpedient to pub-
lish it while the negotiation was pending. But, as the negotiation was
undertaken under the special advice of the Senate, I deem it improper
to withhold the information which that body has requested ; submitting
to them to decide whether it will be expedient to publish the correspon-
dence before the negotiation has been closed.

ANDREW JACKSON.

WashinG;TON, June 15, 1836.



Department of State,

Washingtoji, June 13, 1836.

The Secretary of State, to whom has been referred the resolution of
the Senate of the 21st ultimo, requesting the President to communicate
to that body, " so far as in his judgment the public interest may permit,
and confidentially or otherwise, information of the present state of the
negotiation between the United States and Great Britain, respecting the
Northeastern boundary of the United States ; including all correspond-
ence between the two Governments, not heretofore communicated to the
Senate, and those preliminary conditions, without which Great Britain
declines to renew the negotiation, as stated in the President's message
at the opening of the present session, and which conditions he deems to
be incompatible with a satisfactory and rightful adjustment of the con-
troversy," has the honor to submit to the President the accompanying
copy of a correspondence between the Secretary of State and the diplo-
matic representative of his Britannic Majesty at Washington, containing'
the information called for by the resolution of the Senate.

JOHN FORSYTH.

To the President of the United States.



i96



f Senate Doc. No. 4l4. |

List of accompanying papers.



Mr. Livingston to Mr. Bankliead, -

Mr. Hankliead to Mr. Livingston,

Sir Cliark's R. Vauglian to Mr. Livingston,

Mr, Jjivingston to Sn" Ciiarlcs K. Vauglian,

Sir Ciiarlcs R. Vauglian to Mr Livingston,

Mr. Livingston to Sir Charles R. Vauglian,

Sir Ciiarlcs R. Vauglian to Mr. McLane,

Mr. McLane to Sir Charles R. Vauglian,

Sir Charles R. Vaughan to Mr. McLune,

Same to same, ...

Same to same,

Mr. McLane to Sir Charles R. Vaughan,

Sir Charles R. Vaughan to Mr. McLane,

Mr. McLane to Sir Charts R. Vaughan,

Sir Charles R. Vaughan to Mr. McLane,

Same to ^[r. Forsyth,

Mr. Forsyth to Sir Charles R. Vaughan,

Sir Charles R. Vaughan to Mr. Forsyth,

Mr. Bankliead to Mr. For.syth,

Mr. Forsyth to Mr. Bankhead,

Mr. Bankhead to Mr. Forsyth,

Mr. Forsvth to Mr. Bankhead,



Dates




July


21,


1832


July


21,


1832


April


14,


1833


April


30,


1833


May


11,


1833


May


28,


1833


May


31,


1833


June


5,


1833


June


6,


1833


Feb'ry


10,


1834


Feb'ry


10,


1834


March


11,


1834


March


16,


1834


March


21,


1834


March


24,


1834


Dec'r


■s,


1834


April


28,


1835


May


4,


1835


Dec'r


28,


1835


Feb'ry


29,


1836


March


4,


1836


March


5,


1836



Mr. Livingston to Mr. Bankhead.

Department of State,

Washington, July 01, 1832.

The undersigned, Secretary of State of the United States, will now
have the honor to fulfil to Mr. Bankhead, his Britannic Maje^ty's charge
d'affaires, the promise which he made, that, as soon as the action of the
Senate should be known, on the reference made to that body of the de-
cision of the King of the Netherlands, the undersigned would answer
Mr. Bankhead's note of the 20th of December last.

llis Ihitannic Majesty's Governmont is too well acquainted with the
division (»f powers in that of the United States, to make it necessary to
enter into any explanation of the rea.sons which rendered it obligatory on
the President to submit the whole .subject to the Senate for its advice.
The result of that application is a determination on the part of the Senate
not to consider tlio decision of the King of the Netherlands as obliga-
tory, and a iffnsul to advise and consent to its execution; but they have
passed a resolution advising the President to open a new negotiation with
nis Britannic Majesty's Government, for the ascertainment of the bound-
ary between tht^ possessions of the United States and those of Great
Britain, on the Northeastern frontier of the United States, according to
the treaty of peace of 1783. This resolution was adopted on the convic-
tion felt by the Senate that the sovereign arbiter had not decided the



[ 8enato Doc. No. 414. ] , 197

question submitted to him, or had decided it in a manner unauthorized
by tb.e submission.

It is not the intention of the undersigned to enlcr into an investigation



Online LibraryUnited States. Dept. of StateMaine boundary--Mr. Greely, &c. .. → online text (page 25 of 56)