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280 [ House Doc. No. 90. J

in London may Inially terminate the (juestion of boundary between New
Hruiiswick and tlie territory of the United States, and put an end to the
coUij^ion of authority lor the future in tlie territory which is now in
dispute.

Tlie undersigned avails himself of this occasion to renew to Mr. Clay
the assurances of his distinguished consideration.

CHAS. K. VAUGHAN.

Hon. Hknrv Clay, &c.



Copy of a circular to the Magistrates in the upper part of the county of
York, respecting the disputed territory.

Secretary's Office,

Frederickton, March 9, 1827.

Sir: Satisfactory assurances having been conveyed to his Majesty's
Government of the earnest wish of the Government of the United States
to reciprocate the conciliatory disposition shown in regard to the di'^;^u-
ted territory at the upper part of the river St. John, it is most desirable,
until the (juestion relating thcteto shall be finally settled, that no new
settlements shall be made, or any timber or other trees felled, in the
wilderness part of that territory, nor any. act done which may change the
.state of the question as it existed when the treaty of Ghent was executed.

I am therefore commanded by his excellency the Lieutenant Govern-
or to desire that you will be vigilant, and use your utmost diligence to
discover any attempt which may be made by any of his INLijesty's sub-
jects to intrude upon that territory with a view to make settlements or
to procure timber; and to make immediate representation thereof to his
ISLnjesty's Attorney General, that legal steps may be taken to punish such
intiudeis and trespassers ; and should you discover similar attempts to be
made by any other person, whether unauthorized or appearing to' act
under color of authority, that you will use your best endeavors to ascer-
tain the names of such persons, and report the same to me, with aflidavits
to estabiish the facts, for his excellency's consideration.

1 have, &c.

VV. F. ODELL.



S^r JImvard Douglas to Mr. Vaughan.

Frkderickto.v, April 13, 1S27.

Sir: In my letter of the 20th ultimo, I had the honor to transmit to
your excellency a copy of a circular letter, which I had directed to be
sent to all magistrates residing in the vicinity of the disputed territory,
instructing them how to act in the event of any depredations being at-
lem|)ted by cither party on the lands in (jUcstion.

I have just received a repoi I, stating that a {juantity of pitie timber had
l>eeii cut by ccrl;iin Hrilish subjects on the waste lands now subject to
negotiation; and I lose no time in putting your excellency in possession
of documents which will show the prompt steps 1 have taken to repress
aiid punish these depiedations.



[ House Doc. No. 9(). [ 281

I beg further to acquaint your excellency that I immediately sent, by
express, instructions to the nearest magistrate, to repair to the spot, to
procure information and proper proofs of the acts charged, and to trans-
mit these to liis Majesty's Attorney Cieneral, who has aheady received
my directions to proceed against the parties implicated in this transaction
without delay.

I have, &c.

H. DOUGLAS.
The Right Hon. Chas. R. Vaughajv, &c.



Mr. Clay to Mr. Vaughan.

Departi\!Ent of State,

Washington^ September 19, 1827.

The undersigned, Secretary of State of the United States, has the
honor to acknowledge the receipt of the noteofMr. Vaughan of the 17th
instant, in answer to that which had been addressed to him on the 14th
by the undersigned, on the subject of acts of territorial juiisdiction, ex-
ercised under the authority of the Government of the Province of New
Brunswick, over the territory claimed by the United States and Great
Britain, respectively. As this latter note was founded exclusively on
the representations of the Governor of Maine, the undersigned will
transmit to his excellency a copy of Mr. Vaughan's note, and request
such information as may throw any light on the statement made by him,
that the American settlers on the St. John's have recently established
themselves there, within an ancient British settlement, and that their
titles had been lately obtained from the agents of the States of Massachu-
setts and Maine.

In the mean time, the undersigned owes it, in candor, to admit, that the
letters of Sir Howard Douglas, of which copies accompany Mr. Vaughan^s
note, manifest a just solicitude, on the part of tliat officer, to prevent and
punish any acts on the disputed territory, which might lead to the inter-
ruption of a good understanding between the two countries, in relation
to that subject.

Participating with Mr. Vaughan most fully, in the wish that the nego-
tiations which are now going on in London may finally terminate the
question of boundary between the United Stales and Great Britain, and
thereby prevent all collisions of authority, for the future, in the disputed
territory, the undersigned prays Mr. Vaughan, on this occasion, to accept
assurances of his high consideration.

H. CLAY.

Rt. Hon. Chas. R. Vaughan, &c.



Mr. Vaughan to Mr. Clay.

Washington, October 26, 1827.

The undersigned, his Britannic Majesty's envoy extraordinary and
minister plenipotentiary, had the honor to inform Mr. Clay, in a note



2^2 I House Doc. No. 90. |

dated the IGth of September, that he should transmit to his Majesty's
Lieutenant (loveinor of New Brunswick a copy of the correspondence
which had passed between Mr. Chiy and the undersigned, about that
period, in consequence of a representation made to the Government of
the Ignited States, by the Governor of the State of Maine, respecting
proceeding's in a British settlement upon the Madawaska river.

'J'he undersigned has now the honor to lay before the Secretary of State
of the United States a copy of a letter which he has received from Sir
Howard Douglas, the Lieutenant Governor of New Brunswick, in answer
to the communic.ttion made to him of the correspondence above men-
tioned, as it will serve to explain the conduct which has hitherto been
observed by the Lieutenant Governor, and the view which his excellency
takes of the duty imposed upon him, until the question of boundary shall
be finally adjusted.

The undersigned begs that Mr. Clay will accept the assurances of his
highest consideration.

CHAS. R. VAUGHAN.



Lieutenant Governor of New Brunswick to the British Minister.

St. John, N. B., October 4, 1827.

Sir : I have the honor to acknowledge the receipt of your excellency's
despatch of the 16th of September, 1827, transmitting a copy of a note
which you had received from the Secretary of State of the United States,
containing a representation made to him by the Governor of the State of
Maine, relative to a settlement on the St. John, westward of the junc-
tion of the Madawaska with that river, and requesting me to make such
remarks or exi)lanations as might suggest themselves to me upon a perusal
of your excellency's correspondence with Mr. Clay.

The very correct and just view of the state of the question contained in
your excellency's note of the 16th of September, addressed to Mr. Clay,
in reply to Governor Lincoln's representation, leaves me nothing further
to add, but to convey to you my assurances that all the acts of this Gov-
ernment are in strict conlbrmity with the positions and statements con-
tained in your excellency's note.

I have been careful to do nothing that can change the state of the ques-
tion as it existed when the treaty of Ghent was executed. No new acts
of sovereignty have been exeicised by this Government ; no surveys,
fresh grants, or locations, have been made or issued, to extend or insin-
uate British settlements into any part of the disputed teiritoiy ; no per-
mits granted to fell or carry timber. But, whilst I observe all this for-
bearance in all my measures, and enforce their observance on the part
of this |)eople, I cannot relintpiish any actual possession, or abandon any
right of piactical sovereignty, which has been de facto^ exercised over
any portion of territory, located and held as British settlements before
the treaty of Ghent was executed. The settlement of industrious per-
sons, among whom some American citizens were placed in 1825, by agents
acting for Mass;tchu.setts and Maine, in one of these, I protested, at the
time, against those operations ; and your excellency's remonstrance pro-



[ House J3oc. TS'o. 90. ] 283

cured the suspension of such proceedings. Yet, upon these recent en-
croachments Mr. Lincoln's repiesentations are grounded ; and the aliens,
so settled, proceed, as I have already stated to your excellency, to resist
our authority, to stop the port, to instigate the Jiritish settlers to refuse
obedience to the laws; and, finally, to hoist the Ameiican Hag, and to
rescue from due custody peisons apprehended by our peace olficers.

This settlement I am bound to cotisider as a part of New Brunswick ;
and I can neither permit the actual possession to be disturbed, nor suspend
the municipal laws of the Province from tiieir ordinary operation over
those paits.

Whilst I am thus acting, to keep the question in its present state, free
from stratagem or open violence, there is nothing done on this side that
can influence, in any shape, the final decision of the boundary under the
treaty of Ghent.

The long-established British settlements in the disputed territory must
necessarily remain under the jurisdiction of this Government, or be aban-
doned to anarchy in the absence of all rule, until a final decision can be
made of the question of right under the treaty of Ghent. If, on the other
side, attempts be now made to establish settlements and jurisdistion in the
wilderness part of the territory, or to subvert the actual possession and
jurisdiction of his Majesty in the parts long since settled, as measures ex-
pressly devised to meet, or countervail, in the pending negotiations, our
actual possession of the settlement in question, by assumptions of juris-
diction, resistance to the municipal laws of this Province, and co ordi-
nate exercise of rule, then much disorder, outrage, and strife, must ensue.
Such assumptions would, moreover, be a direct departure, on the part of
the United States, fr'om that cour'se of mutual forbearance which has been
here strictly observed. They would change the state of the question as
it stood at the time the treaty was executed ; and, without influencing in
any shape the principles of the decision upon which the final decision of
the question of boundary depends, would make chargeable to the author-
ities executing or countenancing these measures any consequences .that
may ensue, in collisions and outrages, which it is, and has been, my ear-
nest desire to prevent and repress, but which such extraoidinaiy counter-
vailing maxims and assumptions as those which it may be presumed are
intended, would directly and powerfully encourage.

HOWARD DOUGLAS.
His Exc. the Rt. Hon. Charles R. Vaughan, &c.



Mr. Clay to Mr. Vaughan.

Department or State,

Washington., November 17, 1827.
Sir : In the note which I had the honor to address to you on the 19th
day of September last, I informed you that I would transmit a copy of
yours of the 17th, in answer to mine of the 14th of the same month, to his
excellency Enoch Lincoln, Governor of Maine, to obtain from him such
information on the subject to which that correspondence related as he
might communicate. I now transmit to you an extract from a letter of



284 [ House Doc. No. 90. ]

Governor Lincoln, under date the 2d int-tant, together with copies of two
afl'idavits to which he refers. From one o( those allidavits, (that of Wil-
liam Dalton,) it would appear that he had resided during three years on
the Aroositic river, thiity miles within the line on the American side;
that the constables and ollicors of the Province of New Biunswick have
been in the habit, under the pretence of collecting debts, of coming to
the settlement where he lived with |)rccepts, and taking and carrying
away every species of property they could find ; that they generally car-
ried it to the parish of Kent, or Frederickton, and there sold it at auc-
tion ; that in a particular instance, of which the circumstances are
detailed in the affidavit, the acting British otTicer declared that he did not
care whether he was within or without his jurisdiction, for that a higher
officer would bear him out in anything he did ; that he even employed a
menace of resorting to physical force, using at the same time opprobrious
language ; that the svitness, in consequence of the disturbances created
in the settlement by Biitish officers, sold his possessions at a great sacri-
fice in their value, and removed to another part of the State of Maine ; \
and that the inhabitants of the Aroostic settlement have been unwilling
and afraid to sleep in tiieir own houses, and have spent the night c:. he
banks of the liver and in the woods, and kept watch night and day, as is
customary in Indian warfare.

The affidavit of the other witness (Jonathan Wilson) states that, at
Woodstock, in the Province of New Brunswick, he learned that Mr.
Baker had been arrested by the British authorities, with the agency of
forty-five men, sent up in barges, armed ; that he was taken from his bed
in the night; that the charge against him was for refusing and objecting
to permit the British mail to pass over his land ; that he was confined in
a jail, which is known to the witness to be extremely loathsome, filthy,
and dangerous to health ; that he has been tried and sentenced to six
months' imprisonment, and to the payment oti £150 ; that he lived on
Madawaska liver, within the American line ; and that the witness had
learned from his son, who had recently been on the Aroostic, that the
settlers there complained bitterly of the oppresssion of the otficers and
subjects of the British Province ; that their property was taken forcibly
from them, and carried olf, to the last cow.

Such is the case made out by this testimony. 1 shall abstain, at this
time, from particular comments upon it. The proceedings which it dis-
closes being incompatible with the rights of the United States, at variance
with that forbearance and moderation which it has been understood be-
tween us were to be mutually observed, and exhibiting the exercise of
rigorous acts of authority within the disputed territory, which could only ,
be justified by considering it as constituting an incontestable part of |
the Br itish dominions, I have to request such explanation as tiie occasion ■
calls for.

In the mean time, I avail myself of the opportunity to tender to you
assurances of my high consideration.

II. CLAY.

The lion. C. U. \' \i (.man, Uc.



[ House Doc. No. 90. ] 285

Extract of a letter from Governor Lincoln to Mr. Clay^ dated November

2, 1827.

I have the honor to transmit to you, for tlic consideration of the
President, copies ot' the affidavits of William Dalton and Jonathan
Wilson, and to the truth o( the statements in which I hiive reason to
attach lull credit.



Affidavit of Wiliiam Dalton.

I, William Dalton, born in Bloomfield, State of xMainc, county of
Somerset, say that, for the last three years, I have resided on the
Aroostic river, thirty miles within the line, on the Amerrcan side, thirty-
three miles up said river. Many of the settlers on the river are emigrants
from New Brunswick, others from the States. Many of these settlers
arc poor. The constables and officers of the Provinces have been in the
habit, under the pretence of collecting debts, of coming to the settlement
where I lived, with precepts, and taking and carrying away every species
of property they could find. They generally carried it to the parish of
Kent, or Frederickton, and there sold it at auction. As an instance of
the violent proceedings of the officers and subjects of the Provinces, I
would state that, at the settlement where I lived, a certain man, named
Joseph Arnold, had a dispute with one William McCray about a cow,
which was referred to three referees, chosen among the neighbors, who
decided that Arnold should keep the cow. Said McCray then went to
one Esquire Morehouse, said to be a magistrate in the parish of Kent.
Morehouse sent McNeil, a constable of that parish, to the Aroostic set-
tlement. The constable came, with five men, armed with guns, pistols,
and swords, and took the cow by force from Arnold. Wl)ilst they were
there, I asked the constable for hii precept, and for his authority to come
into the American territory. He said Alorehouse told him to go and
take the animal and the man, wherever he could find them. I saw the
writ. It [was] an order to replevy in the parish of Kent. I asked him
if he did not know that he was out of the parish of Kent. He said he
did not care, for Morehouse would bear him out in anything he did. I
told him he had better not come again on any such business. He said,
" When I come again, I shall not be obliged to show my authority to a

parcel of d d yankee settlers of Aroostic ; that if 25 or 50 men would

not do, he would bring 500, armed and equipped, and take every soul,
men, women, and children, to Frederickton jail." He did not pretend
that he was in the parish of Kent. He said " he was doing his duty, and
would go wherever his master should send him."

In consequence of this state of things, I have sold out all I possessed
for what I could get, and left the country, to return to China, in the
county of Kennebeck, in the State of Maine. I raised this year 150
bushels of wheat, 175 of oats, 60 of corn, 200 of potatoes, and garden
vegetables. I had built a decent and comfortable log-house and a barn.
I had five swine, one cow, and farming ulensils. I had cleared thirty
Acres. I sold all my property for $184 28, all on credit, except $32 in



28G [ House Doc. No. 00. ]

cnsh. I made this sacrifice solely on account of public didiculties. My
farm, I think, was as good land as any in Noith America; and the whole
of the country on the Aroostic is very excellent land, and would be
rapidly settled if it were not for public ditficulties. My family were
contented before the troubles; and had it not been for them, I would not
have taken $700 for my property. For the last seven weeks, the inhab-
itants of the Aroostifi settlement have been unwilling and a/raid to sleep
in thciiown houses, and have retired to the lower pait of the settlement,
and spent the night on the banks of the river, and in the woods, and kept
watch night and day, as in an Indian war.

I arrived here, at Bangor, this 27th of October, 1827, direct from
Aroostic.

WM. DALTON.

State of Maine, )
Periobscot, ]

Town of Bangor. On this 27th of October, 1827, the aforesaid
William Dalton personally appeared, and made oath to the truth of the
foiegoing statement.

Before me,

EDWARD KENT, J. P.

STATE OF MAINE.

Secretary ok State's Office,

Portland, November 2, 1827.

I hereby certify that (he foregoing is a true copy of the original, de-
posited in this office.

ELLIOT G. VAUGHAN,
For A. Nichols, Secretary of State, he being absent.



Affidavit of Jonathan Wilson.

I, .lonathan Wilson, of Fairfield, county of Somerset, State of Maine,
on oath depose and say : That I left Fairfield about the 1st of October,
instant, tor Iloulton Plantation and the British Fiovinces, to collect some
debts due to me and others. 1 arrived at Iloulton about the 10th instant,
and (rom thence went to Woodstock, in the Province of New Bruns-
wick, to collect debts. Woodstock is about 05 miles above Frederick-
ton. I there learned that Mr. Baker had been arrested by the British
authorities. I was told this by Joseph Harvey, formerly of Bangor,
State of Maine ; that he was arrested by 45 men, sent up in barges,
armed; that he was tak<'n from his bed in the night; that the charge
against Baker was for refusing and objecting to jK'tmit the British mail
to pass over his land ; thai they confined Bake i in jail, have since tried
him, and sentenced him to pay a fine of JCI50, and to six months' ira-
))ii.sonment in Jail, which, to my knowledge, is extremely loathsome,
lilthy, and dangerous to health ; and that Baker is now confined there.



[ House Doc. No. 90. ] 287

Baker lived on Madawabka river, within the American line. I also
learned at Ilonlton, hy my son, Leonard Wilson, who has recently been
at the Aroostic, that the settlers there complained hitterly of the oppres-
sion of the oflicers and subjects of the Provinces ; that their property was
forcibly taken from them, and carried off', even to the last cow.

JONATHAN WILSON.



ss :



State of Maine,
Penobscot,

Town of Bangor. On tl>e 27th day of October, 1827, the aforesaid
deponent personally appeared, and made oath to the truth of the fore-
going statement.

Befoie me,

EDWARD KENT, J. P.

STATE OF MAINE.

Secretary of State's Office,

Portland, November 2, 1827.

I hereby certify that the foregoing is a true copy of the original, de-
posited in this office.

ELLIOT G. VAUGHAN,
For A. Nichols, Secretary of State, he being absent.



Mr. Vaiighan to Mr. Clay.

Washington, November 21, 1827.

The undersigned, his Britannic Majesty's envoy extiaordinary and
minister plenipotentiary, has the honor to acknowledge the receipt of a
note from the Secretary of State of the United States, relative to the
})roceedings of the magistrates acting under the authority of his Brittan-
nic Majesty in the Province of New Brunswick, against two citizens of
the United States, established in British settlements upon the rivers
Aroostic and Madawaska.

The proceedings, as described in Mr. Clay's note, are supported by
two depositions, on oath, which have been transmitted to the Govern-
ment of the United States by his excellency Enoch Lincoln, the Gov-
ernor of the State of Maine.

The affidavit of William Dalton, residing upon the river Aroostic, re-
lates to legal process having been instituted against him by magistrates
acting under British authority, for the recovery of debts, or for a misde-
meanor. The affidavit of Jonathan Wilson relates to the arrest, at Wood-
stock, upon the Madawaska river, within sixty-five miles of Frederick-
ton, of Mr. Baker, for having interrupted the passage of the mail from
New Brunswick to Canada.

The rivers Aroostic and P'.Tadawaska are to be found, on a reference
to a map made by the British commissioners of boundary under the fifth
article of the treaty of Ghent, in that portion of the teiritory of New



283 [ House Doc. No. 90. ]

Brunswick enclosed between the two lines of boundary laid down, the
one by the British commissioneis, which runs by ISIars Hill, and the other
by the American conunissioners, which runs at a distance of about one
hundred and forty-four miles from Mars Hill, to the north of it.

\\ hatever may have induced the commissioners on both sides to trace
the lines above mentioned, as accoidiin; with ihe true intent of the bound-
ary laid down in the treaty of seventeen hundred and eighty-three, and
subseciucnily in that of Cihent, the (Governments of Great Britain and of
the I'nited States have not yet been able to reconcile the dilferent re-
ports of their commissioners, and the territory in which the proceedings
have occurred lately, and which form the subject of Mr. Clay's note, is
still in dispute. The sovereignty and jurisdiction over that territory have
conscqueuily remained with Great Britain, having been in the occupa-
tion and possession of the Crown pieviously to the conclusion of the treaty
of seventeen hundred and eighty-thiee.

The undefined or rather unsettled claim of the United States to a por-
tion of that territory cannot furnish any pietext for an interference with,
or an interruption of, the exeicise of the jurisdiction within that territory
by magistrates acting under British authority, on the part of the citizens
of the United Stales who may choose to reside in those ancient settle-
ments. The undersigned, therefore, is convinced that Mr. Clay will agree
with him that there cannot be any grounds for complaint of an undue
and illegal exercise of jurisdiction, whatever motive there may be for re-
monstiance against the severity with which the laws may have been ex-
ecuted.

With regard to one of the alBdavits transmitted by the Governor of
Maine, that of Jonathan Wilson, it appears that he undertakes to relate
the circumstances attending the arrest of Baker on the Mad iwaska, from
what he had been told by Joshua Harvey, formerly of Bangor, in the
State of Maine. The undersigned takes this opportunity of communica-



Online LibraryUnited States. Dept. of StateMaine boundary--Mr. Greely, &c. .. → online text (page 37 of 56)