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ernment for his timber, and has gone to Frederickton with it. He has to
pay two shillings per ron, and one shilling per ton, in addition, for cut-
ting without a permit. All the rest have to pay the same. Peter Wat-
son has got a permit for a large quantity up the Aroostook. Mr. Chand-
ler corroborates the above statement, and expresses much anxiety ; and
adds, if these things are permitted, it will discourage our good citizens^
and very much impede the progress of our settlements ; and in his opinion
1 most heartily concur. And may it please the Governor to interfere in
behalf of his good people.

I am, with great respect, sir, your devoted friend and humble servant,

JAMES IRISH, Land Agent.

Ai.RioN K. Parris,

Governor of the State of Maine.



No. 4.



Extract of a letter fiom Anson G. Chandler^ Esq., Assistant Land
Agent, to the General Land Agent, dated

Calais, December 25, 1824.
By Colonel Whitney, who leaves Calais for Portland on Tuesday,
next, if nothing happens, I shall transmit to you my account and the re-
port concerning this branch of the agency.



[ House Doc. No. 9o. J 263

My principal object in addressing to you this letter is to mention
the reports, which appear well founded, concernint;; the very great dep-
redations which are making on the Aroostook by British subjects, under
the authority of permits from the British Government. Boies, whom you
saw here, though you may not recollect him, was at Frederickton three
or four weeks since, and was told by Mr. Fitzgerald, I think, who moved
his family to the Aroostook last September or October, that there would
be on that river, this winter, at least one hundred six-ox teams. Further,
he was told that the firm of Cruiekshank and Johnson, of St. John's, had
furnished supplies for timber men, on the Aroostook, this winter, thirty
thousand pounds' worth. Further, that he was in the surveyor general's
office, and there were two men having permits made out for the same
place. The depredations must be immense ; and, had not the subject
been spoken of by you before, should feel myself obliged to repair to
that place, though 1 confess that I know not what could be done to re-
move them, against such a host at least.

A more particular account might be had of them. As you had spo-
ken of it, and left it in the manner it was, I, of course, deem it under
your immediate control. But the land will be stripped; the Plymouth
township and Eaton half, especially.



No. 5.



Copy of a letter to J. Chandler and J. Holmes^ Senators in Congressfrom
Maine, from J. B. Quinby.

Boston, December 4, 1824.

Gentlemen : As the representatives in the Senate of the United
States from the State of Maine, I beg to call your attention to some facts,
interesting to you, your constituents, and the General Government.

During the present year, I had occasion, at different times, to visit St.
John's, in Nova Scotia. I found, to my great surprise, that one-half or
more of all the timber shipped, during the present season, from that port
to Europe, was cut and procured from American soil, according to the
construction of our Government of the treaty of 1783, with Great
Britain.

A considerable portion of this timber is cut and brought to market by
the lumber men, under licenses granted at St. John's, by order of the
British Government. These licenses, I understood, not only extended
to the cutting of timber, but in some measure to the right of soil, by which
it was expected that the persons holding these grants would become iden-
tified with the country in dispute between the two Governments, and give
to Great Britain still stronger claims to the right of sovereignty. 1 also
understood that the British Government, as an additional inducement to
settlers to take out licences and locate themselves in the section of
country in dispute, exempted, them, for a time, from taxes, and provided
the a with implements for the woods, and some provisions and stores.

I have taken measures to procure a statement of the above facts from
gentlemen of St. John's, who are largely interested in the timber trade



264 [ House Doc. No. 90. ]

of that place, with their opinion ol the amount annually shipped from St
John's, ami what portion so shipped is the growth of the soil of the Uni
ted States, according to our construction of the treaty of 17b3. As sooi
as I receive answers to nty inquiries, I shall communicate the result U
you, at Washington.

I am, gentlemen, with great respect, your obedient servant,

J. B. QUINBY.

John Holmes, Esq., ^ OJ the Senate of the

Gen. J. Chandler, ) U. S.^ Washington.



Mr. Addington to Mr. Clay.

Washington, March 30, 1825
Sir : I have had the honor to receive your letter of the 27th instant
with its accompanying documents. I shall lose no time in transmitting
copies of all these papers, both to his Majesty's Secretary of State, and t(
the Governor of New Brunswick ; and I doubt not, that if, upon investi
gation upon the part of Great J3ritain, the territory of the Uniied States
and the rights of the States of Maine and Massachusetts, shall be founc
to have been violated by British settlers, such measures will, without has
itation, be taken by his Majesty's Government, as shall be equally satis
factory to the President and the Government of the States aggrieved.

I have the honor, sir, to renew to you the assurances of my distinguish
ed consideration.

H. U. ADDINGTON.



Mr. Addington to Mr. Clay.

Washington, May 23, 1825.

Sir : In a letter which you did me the honor of addressing to me on the
27th of March, you preferred a complaint against certain subjects anc
settlers of the Province of New Brunswick, for encroachments and dep
redations committed by them on the States of Maine and Massachusetts
in felling and carrying off timber within the boundaries of those States
and in the enclosures which accompanied that letter, the districts ir
which those acts were stated to have been perpetrated were specifically
designated ; namely : that bordering on the Aroostook river, and that at
Madawaska.

The whole of these papers were immediately referred by me to the
Governor of New Brunswick, and at the same time to his Majesty's
Government.

From the former, 1 have recently received a reply, containing certain
expl.niations and lemarks upon those transactions, with the substance &t
which I think it expedient that you should at once be made acquainted.

With respect to that part of the complaint which regards encroachments
stated to have been made by British subjects upon the acknowledged ter-i



[ House Doc. No. 90. ] 265

ritery of the States above mentioned, Sir Howard Douglas assures me that
the charge, as far as the Government of New Brunswick is concerned, is
entirely groundless ; and that he shall not fail to use his best endeavors to
put a stop to such practices, " in themselves so disgraceful, and so incon-
sistent with (he duty and disposition which teach him to be vigilant in
repressing such disorders, and maintaining that good understanding which
so happily exists between the respective Governments and people of the
two countries."

With respect to the charge touching the Aroostook and Madawaska set-
tlements, Sir Howard Douglas states that, on assuming the Government
of New Brunswick, he found that licenses to cut timber, and other acts
of sovereignty, had long been exercised, on the part of Great Britain,
over certain tracts of land, in which the Aroostook and Madawaska were
included, heretofore well understood to belong to New Brunswick, but
subsequently claimed by the commissioners of the United States appoint-
ed to negotiate with the British commissioners for adjusting the boundary
line of the respective countries. To these claims, no disposition was
ever shown, on the part of Great Britain, to accede.

In fact, by reference to documents in the possession of the British Co-
lonial Department, it appears that the settlement of Madawaska, in the
province of New Brunswick, was made, under a grant from the Crown,
upw ards of thirty years ago. So late as the year 1810, no claim had been
advanced by the United States to that district, although the settlement
had been established at that time upwards of twenty years, under a grant
from the Government of New Brunswick, and had been constantly des-
ignated " the Madawaska settlement."

With regard to the timber cut by British subjects on the river
Aroostook, the very circumstance of its having been seized by Mr. Por-
ter, of the State of Maine, proves that the inhabitants of that State con-
sider themselves as at full liberty to appropriate all the timber in that dis-
trict to their own use. In truth, that territory is explicitly represented by
the Senate of Maine as lying within the acknowledged boundaries of that
State.

Now, this is notoriously not the fact. The British Government con-
tend that the northern boundary line of the United States, running from
the source of the St. Croix to the highlands, is terminated at Mars Hill,
which lies to the southward of the Aroostook. At best, therefore, the
Aroostook territory, declared to be the undoubted property of the State of
Maine, is but a point in abeyance. Both parties claim, and it appears
have exercised, an equal right over it.

Under these circumstances, the Governor of New Brunswick informs
me that he does not consider himself at liberty to alter, in any way, the
existing state of things, in as far as regard the districts above mentioned ;
but he assures me that he will take especial care to keep w^ell within the
limits of the line of duty marked out for him ; and, considering the shape
which this question is now assuming, he will feel it imperative on him to
apply immediately for still more precise instructions for the guidance of
his conduct in a matter of so much delicacy.

I have entered thus at length into this subject, not with a view to pro-
voke discussion here, but simply with the object of showing to you that
whatever measures it may be found expedient to take on the subject of



266 [ House Doc. No. 90. ]

your reprcsciitntion, cannot originate with the authorities of New Bruns-
wick, but must be derived directly from liis Majesty's Government, un-
der wliose view the question has aheady been placed by you.

1 have the honor to be, with distinguished consideration, sir, your
most obedient huinl)le servant,

H. U. ADDINGTON.



Mr. Vaitghan to Mr. Clay.

Washington, November 15, 1825.

Sir : 1 have the honor to lay bcfoie you a copy of a letter, with its en-
closures, which I have received from Sir Howard Douglas, his Britannic
Majesty's Lieutenant Governor of New Brunswick.

It appears that two American citizens, representing themselves to be
accredited agents of the Commonwealth of Massachusetts and the State
of Maine, have circulated a notice atnongst the settlers upon the rivers
St. John and xMadawasUa, that they were authorized to execute deeds of
conveyance of lands in those districts; and the same persons, on their
passage through the settlement of MadawasUa, endeavored to induce the
men belonging to the militia not to attend the general training ; asserting
that they could not be fined for their absence, as the territory which they
occuj)ied belonged to the United States.

I regret that the difference of opinion wliich has resulted from the de-
liberations of the commissioners under the 5th article of the treaty of
Ghent, for fixing the boundary between the possessions of his Biitannic
Majesty and the teriitory of the United States, has not yet been adjusted ;.
and that an opening is thereby left for complaints of the nature I am now
called upon to re])rescnt to you. 1 am sure, however, that you will con-
cur with me in opinion, that, so long as the question of the boundary re-
mains in the piesent undecided state, it will be the duty of our Govern-
ments to control, mutually, any conduct, on the part of their respective
subjects, which is calculated to produce disunion and disagreement.

I trust, therefore, that the conduct of the individuals, which I have
thought it my duty to bring before you, will meet with the disapprobation
and discountenance of the Government of the 4Jnited States.

I have the honor to request, sir, that you will accept the assurances of
my highest consideration.

CHARLES R. VAUGHAN.

Tlie lion. Henry Ci.ay,&c.



Frederickton, New Brunswick,

October 24, 1825.

Sir : I have the honor to transmit to your excellency coj)ies of two pa-
pers, communicated to me (lom Peter Fra/.er, Fsq., one of the magis-
trates, and commandant of a battalion of militia, in the county of York,
in this Province, stating the conduct of two American subjects, who have
represented themselves as accredited agents of the Commonwealth of
Massachusetts and State of Maine.



[ lloiiso Doc. No. 9U. J



ii /



I submit to your excellency's considoiation the propriety of makinji a
representation to the American Coveriinient, and deniandino; that an im-
mediate stop be put to practices which have such a marked tendency to
sow dissension and insubordination in settlements lon<i since established
by grant from his Majesty, and considered as subject lo the British Crown ;
and which, if persisted in, may lead to serious consequences, which it will
not be in my power to prevent.

I have the honor, &c.

HOWARD DOUGLAS.

The Rt. Hon. Charles R. Vaugh.vn, &c.



Madawaska, October 8, 1825.

Sir : On the 2d instant, two Americans passed through here to Ba-
ker's, at the head of the settlement on the St. John's river. They are
land agents from the Commonwealth of Massachusetts and the State of
Maine. They returned on Tuesday ; and, on their way down, oflered
money to the militiamen not to appear at the general training on that day,
and said to them that this part of the country belonged to them : we could
not fine them for non-attendance. They also left at Captain Firman
Thibideau's, on the same day, the enclosed paper, for him to make pub-
lic in the settlemePit, which you will be pleased to lay before his excel-
lency the Governor.

These Americans came and returned so rapidly that I had it not in
my power to see them personally ; for if I had received the enclosed pa-
pers, and the information of their having offered money to prevent the
men from attending the training, before their departure from here, I would
have considered it my duty to have sent them down prisoners to Freder-
ickton.

I have the honor, &c.

JS. FRASER,
Major Com. 4th battalion Y. C. militia.

The Hon. Lt. Col. George Shore,

Adjutant General Y. C. militia.



We, the subscribers, land agents for the Commonwealth of Massachu-
setts and State of Maine, hereby give notice that we are authorized and
directed by the Legislatures of said Commonwealth and State, to make
and execute good and sufficient deeds, conveying to each settler on the
St. John's and Madawaska rivers, now in actual possession, their heirs or
assigns, one hundred acres each of the land by them possessed, to include
their improvements on their respective lots, they paying (o the under-
signed, for the use of said Commonwealth and State, ten dollars each,
and the expense of surveying the same.

Those persons desirous of availing themselves of the above advantage
may obtain the same by applying to Samuel Cook, Esq., of Houlton plan



268 [ House Doc. No. 90. ]

tation, who will he authorized to survey the same ; and deeds will be ex-
ecuted conformably to said Cook's survey, whenever the same is made,
and plans returned to us.

GEORGE VV. COFFIN,
JAMES IRISH.
Madawaska, October 3, 1825.



Mr. Clay to Mr. Vaughan.

Department of State,

November 25, 1825.

Sir : I have the honor to acknowledge the receipt of your note of the
loth current, transmitting a copy of a letter, with its enclosures, received
by you from the Lieutenant Governor of New Brunswick. These pa-
pers relate to certain proceedings of persons, presumed to be the agents
of the States of Massachusetts and Maine, in respect to settlers and set-
tlements formed or forming on the rivers St. John's and Madawaska,
-which the Lieutenant Governor supposes to be prejudicial to the rights
and interests of Great Britain. Having no information whatever of the
particular circumstances detailed in the papers which you have transmit-
ted, other than that which is derived from a perusal of them, I have
caused the necessary inquiries to be made ; and as soon as I shall be put
in possession of the requisite information, to which they will lead, I will
be able to give what I hope may prove to be satisfactory explanations of
the transactions to which the Lieutenant Governor refers.

In the mean time, I pray you to accept assurances of my distinguished
consideration.

H. CLAY.

The Rt Hon. C. R. Vaughan, &c.



Mr. Vaughan to Mr. Clajj.

Washington, December 2, 1825.

Sir : I had the honor of calling your attention, in a note dated 15th
November, to the conduct of two American citizens in the British settle-
ment of Madawaska, who called themselves land agents in the employ-
ment ol the Stales of Maine and Massachusetts. J have since received
several documents lelative to this business, from his Majesty's Lieuten-
ant Governor, Sir Howard Douglas ; and I think it right to select from
them, and lay before you, copies of two grants of lands made by these
commissioners in the British settlement of Madawaska, and of their in-
structions respe(;ting the cutting down and seizure of timber.

The grants ¬Ђ>( land, it is stat(;d,-,have been made in virtue of certain
resolutions of the Legislatincs of Maine and Massachusetts, of the date
of February and June of the present year.

Aa I find that the conduct of the abovcmenlioned agents has excited



I House Doc. No. 90. | 269

great attention and alarm in the British settlements, I have the honor,
upon submitting the enclosed additional papers to your consideration, to
repeat my request that this conduct may be disavowed and discounte-
nanced by the (lovernment of the United States.

I have the honor to request, sir, that you will accept the assurances of
my highest consideration.

CHAS. R. VAUGHAN.
The Hon. Henrv Clay, &c.



Know all men by these presents, that we, George W. CoflQn, agent for
the Commonw ealth of Massachusetts, and James Irish, agent for the State
of Maine, upon the subject of the public lands in the said State, by virtue
of powers vested in us by resolves of the said Commonwealth, dated the
11th of June, 1825, and by resolvesof the said State, dated 26th Feb-
ruary, 1825, and in consideration of the sum of ten dollars to us paid by
John Baker, of a plantation called and known by the name of Madawas-
ka settlement, in the county of Penobscot, and State aforesaid, situate upon
the river St. John, yeoman, for the use of the said Commonwealth and
State, the receipt whereof we do hereby acknowledge, do, by these pres-
ents, in behalf of the Commonwealth and State aforesaid, give, grant,
bargain, sell, and convey, to the said John Baker, his heirs and assigns,
forever, the following parcel of land, viz : beginning at Maryumticook
stream or point, on the St. John's river; thence, running west by said
river, sixty-three rods, to a stone marked No. 1, southwest; thence,
north, three hundred and twenty rods ; thence, east, fifty rods ; thence,
south, three hundred and eleven rods and one-half a rod, to a stake stand-
ing on south side of said stream ; thence, by said stream, south thirty-
eight and a half degrees east, fifteen rods and seventeen links, to the
bounds first mentioned ; containing one hundred acres, be the same more
or less : To have and to hold the same, with all the privileges and appur-
tenances thereof to the said John Baker, his heirs and assigns, to his and
their use and behoof forever.

In testimony whereof, we, the said agents, in behalf of the said Com-
monwealth and State, have hereunto subscribed our names, and affixed
our seals, this third day of October, 1825.

GEORGE W. COFFIN, [l. s.]
JAMES IRISH, [l. s.]

Signed, sealed, and delivered, in presence of us,
Walter Powers,
Hiram Baker.

I certify the above to be a true copy.

GEORGE MOREHOUSE,

Magistral ef 01' York county.



Know all men by these presents, that we, George W. Coffin, agent for
the Commonwealth of Massachusetts, and James Irish, agent for the
State of Maine, upon the subject of the public lands in the said State, by



270 [ House Doc. No. 90. ]

virtuo of powers vested in us by resolves of the said Conimon wealth,
dated the eleventh day oT June, 1825, and by resolves of the said State,
dated Zdlh February, 1825, and in consideration of the sum of ten dol-
lars to us paid by James Bacon, of a plantation called and known by the
name of the Madawaska settlement, in the county of Penobscot, and
State aforesaid, situate upon the river St. John, yeoman, for the use of
the said Commonwealth and State, the receipt whereof we do hereby
at'kiunvledge, do, by these presents, in behalf of the Commonwealth and
State aforesaid, give, grant, bargain, sell, and convey, to the said James
Bacon, his heirs and assigns, forever, the following |)arcel of land, viz :
beginning at a cedar tree on the east side of the Maiyumticook stream,
near the bank of St. John's river, thence, north forty degrees west, by
said stream, twenty-five lods, to the east line of lot No. 1, conveyed to
John Baker; thence, noith, on said east line of said lot No. 1, three hun-
dretl and tlnee rods, to the northeast corner of the said Baker's lot ; thence,
east, filty-two rods ; thence, south, thiee hundred and twenty rods, to an
elm tree standing near the bank of the St. John's river, marked as fol-
lows : I 1 A, October 4th, 1825, G. W. C. No. 2; thence, fifty-two rods,
by said river, to said cedar tree, marked I I A No. 2, being tlie first-men-
tioned bounds; containing one hundred acres, be the same more or less:
To have and to hold the same, with all the privileges and appurtenances
thereof, to the said James Bacon, his heirs and assigns, to his and their
use and behoof foi ever.

In testimony whereof, we, the said agents, in behalf of the said Com-
monwealth and State, have hereunto subscribed our names, and affixed
our seals, this Iburth day of October, 1825.

GEORGE W. COFFIN, [l. s.]
JAMES IRISH, [l. s.]

Signed, sealed, and delivered, in presence of us,
Walter Powers,
Owen Fitzgerald.

1 certify the above to be a true copy.

GEORGE MOREHOUSE,

Magistrate for York county.



October 10, 1825.
To Mr. James Bacon :

Sir : We hereby authorize and direct you to ascertain the amount of
timber that may be cut the approaching season upon the St. John's river,
and upon the several streams and rivers emptying into the St. John's
river above the Giand Falls ; and where the permits have been granted by
us, settle with the holdeis of said permits, confoiniably to the conditions
thereof.

But where any pcisons have presumed to cut without our permission,
or permission obtained from you upon the same terms, (a copy of one
of said permits is here enclosed,) you will retjuire such persons to pay
fifty cents per ton for timber, and one dollar and twenty-five cents per
thousand for boards ; or, on refusing to pay as aforesaid, seize the logs and
timber, and sell the same at j)ublic auction, for the benefit of said Com-



[ House Doc. No. 90. ] 27 I

monvvcalth and Sti\te ; fust givini:; thirty days' public notice of tlio time
and place of sale, by posting the advertisements at one or more public
places within your district.

GEOIUJIO COFFIN,
Land Agent for Commonwealth of Massachusetts.
JAMKS IRISH,
Land Agent for State of Maine.

] certify the above to be a true copy.

GEORGE MOREHOUSE,

Magistrate for York county.



Mr. Clay to Mr. Vaughan.

Department of State,

January 18, 1826.
Sir : In consequence of the letter which you did me the honor to ad-
dress to me on the 15th November last, 1 instituted a correspondence
with the Goveinors of the States of JNlassachusetts and Maine, to ascer-
tain on what foundation the representations of Sir Howard Douglas rest-
ed. I have received letters from them both ; but I consider it necessary
only to transmit to you a copy of that fiora the Governor of Massachusetts,
under date the 6th day of December, 1825, a copy of mine of the 15th
of the same month, which is the same in substance as one I addressed at
the same time to the Governor of Maine, and a copy of a letter from the
Governor of Massachusetts of the 22d day of December.

It appears that the measures adopteti by those two States, to which Sir
Howard refers, were altogether precautionary, and occasioned by previ-



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