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here to enter into the question of title. Both parties claim it. No act
that either can do is necessary to assist its right, while there is hope of an
amicable arrangement; and it was with this view of the subject that a
mutual understanding has been had, to leave things in the state in which
they are until the question of the award is settled.

On the part of the Americans, some individuals, in contravention of tliis
understanding, have proceeded to do acts which, if followed out, would
change the political state of part of the disputed land. But it has not
been so followed out ; it is disavowed by the Power whose assent is neces-
sary to carry it into execution. It is, therefore, of no avail, and can have
no more eflect, than if the same number of men had met at Madawaska,
and declared themselves duly elected members of the British Parliament.
The act interferes with no right ; it comes into actual collision with no
established power. Not so the punishment of the individuals concerned.
This is at once a practical decision of the question, and may lead to retali-
ating legal measures; for, if the Lieutenant Governor of New Bruns-
wick feels himself obliged,. as he says he does, to impose the authority of
the law within which he thinks the boundaries of his Province, will not
the same feeling incite the Governor of Maine, under the same sense of
duty, to pursue the like measures ? And thus the fruits of moderation and
mutual forbearance, during so long a period, will be lost for the want of
perseverance in them for the short time that is now wanting to bring the
controversy to an amicable close. It is therefore, sir, that I invite your in-
terposition with his excellency the Lieutenant Governor of New Bruns-
wick, to induce him to set at liberty the persons arrested, on their engage-
ment to make no change in the state of things until the business shall be
finally decided between the two Governments.

On our part, the desire of the General Government to avoid any meas-
ures tending to a change in the existing state of things on our Northeast
boundary has been fully, and, it is believed, efficaciously, expressed to the
Executive of the State of Maine; so that the actual relation of the State
with the neighboring Province will not, in future, suffer any change.

I have great pleasure, sir, in renewing, on this occasion, the assurance
of my hish consideration.


Charles Bankhead, Esq., ^'C.

2G [ Doc. Xo. 126. ]

Mr. Jianfiluinl to Mr. /Jrhii^slon.

Washington, October 20, 1831.

'Vhv undersigiunl, liis IJriiaiiiiic Majesty's charg6 d'affaires, has the
lionor to acknowledge the receipt ol" JNIr. Livingston's note of the 17th in-
stant, in answer to a rejiresentation which the undersigned thought it his
duty tt) make to the Ciovernnient of the United States, upon a viola-
tion coinniitted upon tiu; territory at present in dispute between the two

The friendly tone assumed by the Secretary of State in this communi-
cation ; the discountenance, on the part of the General Government, of the
proceedings whicli were complaine.?! of; and the determination of the
President to cause the strictest forbearance to ]>e maintained, until the
question of bonndary shall be settled, have been received 1 y tlic under-
signed with great satisfaction ; and it is in the same spirit of harmony
that he has addressed a letter to his Majesty's Lieutenant Governor of
New Brunswick, enclosing a copy of JNIr. Livingston'.'^: note for his excel-
lency's serious consideration.

TJie undersigned has the honor to renew to Mr. Livingston the assu-
rance of his distinsuished consideration.


Tht- linn. KuwAiii) LnixGsTON, Esq. ^^c.

Mr. Bankhcad to Mr. Livingston.

Washington, October 22, 1831.

Tiie undersigned, his Britannic Majesty's charge d'affaires, has the hon-
or to transmit to the Secretary of State of the United States, the copy of
a letter from his Majesty's Lieutenant Governor of New Brunswick, en-
closing a dejiosition made before a justice of the peace of that Province
in support of a charge against certahi inhabitants of Houlton, in the State
of Maine, for having made a forcible inroad on the territory of his Ma-
jesty in search of an Irishman, (an inhabitant of Woodstock, New Bruns-
wick,) who committed a most violent outrage against the constituted au-
tliorities at Iloulton.

The Lieutenant Governor deprecates, in the strongest maimer, the in-
famous conduct of the individual in question, and is perfectly ready to
exert the utmost rigor of the laws against him ; but his excellency, at
the same time, protests against the conduct of those persons who have
thus attempted to interfere with th(> jurisdiction of the laws in his Ma-
jesty's possessions.

Tender these circumstances, the undersigned has to request that Mr.
Liviny-stftn will be ijood enough to cause the lu^cessary inciuirics to be in-
stituted into this transaction ; an(l,uj)on the charges being clearly proved,
that he will make sucji a representation to th(^ authorities of the State of
Maine as shrdi |»revenl the recurrence of a similar irregularity in future.

The nnriersigned has the honor to reiw^w lo Mr. Livingston the assu-
rances of his distinguished consideratinn.



Secretary nf State.

[ Doc. No. 126. ] 27

Fkkderickton, October 3, 1831.

Sir : I regret the neccssily 1 am under of bringing to your notice an
miautliorized violation of the territory of this province, by an American
party from Houhon town, as set forth in the enclosed deposition, m search
of an Irishman residing in the parish of Woodstock. Tlie cause of this
proceeding arose, I beheve, as follows :

A brother of the said Irishman had, it appears, been working on the
new line of military road from Bangor \o Lloulton, when a serious affray
took place between the Irish and Americans employed on the road; in
consequence of which, this person, probably with others, was committed
to jail : the brother, our subject, went to Houlton, in the hope of procu-
ring his release ; hi failure of which, he most atrociously, from motives of
revenge, discharged a fowling-piece or nmsket loaded with slugs, into the
room where the "magistrate of the place was sitting, happily without ef-
fect, though no doubt intending to destroy him.

The villain who was guilty of this deed of atrocity has fled the country.
His conduct cannot be too strongly reprobated, and no punishment could be
too great for his oflence. Still I am certain that you will agree with me,
that no act of this or any other miscreant could, under any circumstances,
justify the authorities of the United States in the violation of our terri-
tories, and attempted interference with the jurisdiction of our laws.

I am thus particular in bringing the matter before you, from under-
standing that our neighbors intend demanding that the oftender be given
up to them ; while I am equally desirous that such an improper mode
of seeking for redress as that resorted to on the occasion should not be
suffered to pass without observation.

I have tlie honor, &c.

Major General and Lieutenant Governor.

Charles Bankhead_. Esq., 4'C.

York, New Brunswick.

Personally appeared on the 24th day of September, before me, .John
Bedell, Esq., one of his Majesty's justices of the peace for the county
of York aforesaid, James McGee, of the parish of Woodstock, in the
aforesaid county of York, who, being duly sworn upon the Holy Evan-
gelists of Almighty God, deposeth and saith : Tliat, on Friday night, the
16th of this instant September, about eleven or twelve o'clock at night, a^
number of armed men from the settlement of Houlton, in the State ot
Maine, and in the United States of America, came to his (the deponent's)
house, and knocked at the door, when he asked what they wanted ; the
answer was, they wanted Campbell. He told them at their peril, and in
the King's name, not to attempt to come in; upon which they damned him
and the King, and immediately proceeded to breaking the door, when
they rushed into the room, to the number of fifteen or sixteen men, (a
number more being around the house,) when they immediately began
searching the house, breaking up every thing that would conceal a man,
using threats to shoot any man that should make resistance. He (the depo-

28 [ Doc. Xo. 126. ]

neat) then desired they would not break up and destroy the room, saying
that, if tliey would desist, lie would give theni a bond tor fifty pounds as
security that ("auipboll shoidd be next day given up to the magistrates
of the county ; that, if guiUy of any crime, lie might be punished; but to
this they paid no regard: liis daughter, a young woman of about nine-
teen years of age, at the same time being through fright thrown into fits,
and they refused to let him send for a neighbor for assistance ; the mother
likewise, from friglit and ill usage she received from the party, being
unable to render her daughter any assistance.

Kom- of the party, viz : Elwynn Packwood, John Tinney, John Basse-
ford, William .lames, the three former being peace officers, were known
to be of the mimber.


William dray and Hugh Russell, being likewise duly sworn, deposed
to all the facts above stated ; they being present in the house.


Justice of the Peace.
True copv :


Mr. Eankhcad to Mr. Livingstoji.

Washington, November 25, 183L

The undersigned, his Britannic Majesty's charge d'affaires, has the
honor to refer the Secretary of State of the United States to the cor-
respondence which took place in the month of October, upon the subject
of violations wliif h had been connnitted upon the territory at present in
disjtute between (ireat Britain and the United States, and the measures
which his Majesty's Lieutenant Governor of New Brunswick deemed it
expedient to adopt thereupon.

The trial of these persons took place at Frederickton, and they were sen-
tenced by the supreme court of the Province to fine and imprisonment.

At the linje the vmdersigned coinuumicated to the Government of the
United States the decision which the authorities of New Brunswick had
felt it necessary to adojit upon this occasion, he expressed the deep regret
of the (;ovcrnor of that Province that the conduct of these individuals
was such as to compel his excellency to pursue a course so uncongenial
to his own fe«!lings, and at variance with tlic harmony which subsists be-
tween the Governments of (Ireat Britain and the United States.

Th«' Secretary of Slate, upon receiving this conmiunicalion, expressed
to the undersigned iju! earnest desire of the I^resident, upon a total disa-
vowrd on tin- jiari of the General Government of the proceedings of tjie
persons ini|)lieate(l in this transaction, that his Majesty's Lieutenant
(iovernor nuuhl consider himself authori/ed to exercise a prerogative in
their favor, and to remit the sentence wliirh had lieen pronounced against

[ Doc. No. 126. ] 2^

No time was lost in submitting Mr. Livingston's note to the considera-
tion of Sir Archibald Canii)bcll; and the iindersii^nied has the greatest
satisfaction in acquainting him that iiis excellency fully ac([uiesced in the
desire manifested by the President of the United States. The undersign-
ed cannot better fulfil the wishes of Sir Archibald Campbell, which are
so much in accordance with that spirit of good-will which happily sub-
sists between the two countries, and which characterizes their relations
with each other, than by transmitting to the Secretary of State a copy of
the despatch which he yesterday received from that olliccr; and which he
feels assured will be received by the President as an earnest of his unin-
terrupted good feeling towards the Government and people of the United

The undersigned has the honor to renew to Mr. Livingston the as-
surance of his highest consideration.


Hon. Edward Livingston, ^'C.

Sh' ^.^rchibald Campbell to Mr. Bankhead.

Government House,

Frederickton, Noveinber 8, 1831.
Sir: I had this morning the honor to receive your letter of the 20th
f ultimo, which, with its enclosures, are, in every respect, so satisfactory,
khat I did not lose a moment in giving eifect to the wishes therein ex-
pressed, by exercising that prerogative so congenial to my own feelings,
I whether viewed in the extension of mercy, or in the gratifying anticipa-
i tion of such a measure being received as an earnest of my most anxious
I desire, as far as rests with me, (consistent with my public duties,) to pre-
serve inviolate the harmony and good understanding so happily existing
between the two Governments. The prisoners, Barnabas Hunnewell,
Jesse Wheelock, and Daniel Savage, are released ; and I have taken it
upon myself, knowing that such a measure will be fully sanctioned by
my Government, to remit the fines imposed by the supreme court of this
Province, as already communicated to you by Lieutenant Colonel Snod-
grass ; an act that I trust will not fail in being duly appreciated, ivhen
it is known that the above-mentioned individuals did, with several others,
follow up their first proceedings by acts of much more serious aggression,
for which they stood charged under another (untried) indictment : how-
ever, every thing connected therewith is now corrected.

You will see with what readiness and satisfaction I have received and
adopted your kind advice, for which accept of my sincere thanks; and be-
lieve me to remain, sir, &c.


Lieutenant Governor.

30 [ Doc. No. 126. J

Mr. Liv'uii^slon In Mr. Bankhead.

Dki'aktjment of State,

jrashing/071, November 28, 1S31.

The undersigned, Secretary ol" Stale, &c., has the honor to acknowledge
the receipt ol' a note from >Ir. Hankhead, his Britannic Majesty's charg6
d'urtaires, under date of liic 25th instant, accompanied by a copy of £P
letter from Sir A. Campbell, tlic Lieutenant Governor of the Province of
New Brunswick ; by both of which, the Secretary of State is informed
that tlie citizens of the United States lately under prosecution at Frederick-
ton, for acts done in the territory now possessed by Great Britain, within
the country claimed both l)y thai Power and the United States, have been
set at liberty, in accordance with the suggestions made in the former cor-
respondence between Mr. Baiikhead and the Secretary of State.

Mr. Bankhead's note, with its enclosure, has be^n laid before the Presi-
dent, who has iiistrncted the undersigned to express his satisfaction at the
prompt manner in which his sugge.3tions have been complied with ; and
to say, that he considers it as a proof of the disposition of his Britannic
Majesty's ollicers to preserve the harmony that so happily subsists
between the two Goverinnents. The undersigned renews to Mr. Bank-
head the assurance of his liigli consideration.


Charlks Bankhead, Esq., &rc.

Sir Charles R. J'aughan to Mr. McLane.

Washington, October 20, 1833.

The undersigned, liis liritannic Majesty's envoy extraordinary and
minister plenipotentiary, lias the honor to lay before the Secretary of
State of tlie United States a copy of a letter which he has received from
his excellency Sir Archibald Campbell, his Majesty's Lieutenant Gover-
nor of New Brunswick, and to call his attention to the conduct of certain
land agents of the States of Maine and Massachusetts, in the territory in
dispute l)etween Great Britain and the United States.

It apjjears by the report contained in Sir Archiliald Campbell's letter,
that land ;ments of Maine and Massachusetts have been holding out in-
ducements to persons of both countries to cut pine timber on the disputed
territory, <»n condition of jjuying to tlifMn two shillings and six pence the
ton, and that they have entered into contracts for opening two roads which
will intersect the Restook river.

As it is the declared will and nnilual interest of the Governments of
Gr<!at Britain and of the United States to jireserve the disputed territory
m its present state, and to avoid all collision jiendiug the settlement of the
boundary <iuesti()n, the undersigned is convinced that it is sutlicient to
ensure the pronipt interference of the Government of the United States
to put a stop to tli(; proceedings of these land agents, to state the conduct
complained of

The midersigned has the honor to renew to Mr. McLane the assurance
of his most distinguished cousideration.


The Hon. Louis McLane, ^'C.

f Doc. No. 126. J 31

Fredeiuck'J'on, Nkw Brunswick,

Ocluber 3, 1833.

Sir : Herewith I have the honor to transmit a letter just received from
Lieutenant J. A. Maclanchlan, warden of the territory in dispute between
the British Government and that of the United States, by wliich it will
be seen that an infringement is reported to have been made (on the under-
standing which at ))resenl exists between the two countries) by certain
land agents of the States of Maine and Massachusetts.

Your excellency will, I feel assured, take the necessary steps with the
General Government to cause an immediate stop to be put to such pro-
ceedings, which cannot but prove highly prejudicial to the maintenance
of that good feeling now so ha})pily entertained between the respective

I have the honor, &c.


The Rt. Hon. Sir Charles R. Vaughan, G. C. //., <^-c.

Restook, Septemher 28, 1833.

Sir: I feel it my duty, as the officer in charge of the territory in dispute
between the Government of his Majesty and that of the United States of
America, to bring under the early consideration of your excellency a sub-
ject which I am fearful may shortly lead to a misunderstanding between
the two countries.

Since I have had the honor of the appointment of wardcrn of this ter-
ritory, I have endeavored, as much as possible, to prevent trespasses
being made by the cutting of pine timber, &c., and which I am happy to
say has been generally effected, as it is well known that there are now
quantities still standing adjacent to the line, from JNIars Hill to the Great
falls, which would otherwise have been removed: and the only timber
of any consequence that has been manufactured, was on tiie Restook
river, by persons settled there, without any intention of making a busi-
ness of it, but each getting small quantities (and in many instances off
land they held in possession) for the maintenance of their families, which
were actually in want, owing to the crops of the last two years being de-
stroyed by early frosts.

The subject to which I must now beg the honor to call the attention of
your excellency is, that of an infringement of the understanding between
the Governments of Great Britain and the United States, during the set-
tlement of the question of boundary, by the land agents of the States of
Massachusetts and Maine, who are not only holding out inducements to
the subjects of both countries to cut pine timber on the territory in my
charge, by paying them a duty of two shillings and six pence a ton, but
have entered into contracts for opening two roads to intersect — one fifty
miles from its continence with the St. John's, and the other thirty miles;
both of which are either to be completed this fall or early the next season.

It is unnecessary, and probably might be considered improper on my
part, to animadvert on the conduct of these agents; but your excellency must
be well aware of the trouble it occasions in the performance of my duty;
^d certainly there does appear something exceedingly inconsistent that

3-2 [ Doc. No. 126. j

the land agents of these States should attempt to counteract the wishes, nay,
I may ahuost say, the instructions ofboth Governments, to an officer who
has been a]»pointed to prevent collisions between them.
I have the honor, &c.

IVarden of the disputed territory.
His Excellency Maj. Clcn. Sir Akchibald Camphell, «Si'C.

Mr. McLane tu Sir C/mrles R. Vaiighan.

Department of State,

Washington, October 23, 1833.

The undersigned, Secretary of State of the Unifed States, has the hon-
or to acknowledge the receipt of the note of Sir Charles R. Vaughan, en-
voy extraordinary and minister plenipotentiary of his Britannic Majesty,
of the 20th instant, accompanied by a copy of a letter from Sir Archi-
bald Campbell, Lieutenant Governor of New Brunswick, to Sir Charles
R. Vaughan ; and also of a letter from J. A. Maclauchlan to the Lieu-
tenant Governor of New Brunswick, complaining of the " conduct of
certain land agents of the States of Ahiinc and Massachusetts, in the ter-
ritory in dispute between the United States and Great Brhain."

The undersigned is instructed to state that it would be a source of re-
gret to the President, should this complaint prove to be well founded ;
and that he has caused a copy of Sir Charles's note, and of the accompa-
nying papers, promptly to be comnumicated to the Governors of Maine
and Massachusetts, in order that the necessary steps may be taken to en-
force a due observance of the terms of the existing arrangement between
the Government of the United States and that of Great Britain, in regard
to the disputed territory.

The undersigned avails himself of the occasion to renew to Sir Charles
R. Van2han the assurance of his distinguished consideration.


The Right Hon. Sir Charles R. Vaughan, <§-c.

Sir Charles li. Vavghan to Mr. McLane.

Washington, December 17, 1833.

The inidcrsit,Miod, ills Britannic Majcsty'senvoy extraordinary and min-
istur plenipotentiary, regrets that a letter received from his Majesty's
Lieutenant Governor of New Brunswick should again require him to ask
the intervention of tin; Cleneral Government of the United States to put a
stop to certain proceedings of the State of Ahune in the territory still in
disj)nte between Great Mritnin and the United States.

'I'lie enclosed letter, with the report whic'i acconipaiii<'s it, shows that
the State of Maine has opened a road beyond the conventional frontier,
with the avowed intention of carrying it to the bank of the river St. John.

'J'Jie undersigned is convuiced that llie Secretary of State of the United

[ Doc. No. 126. ] 33

States will agree with him, that the State of Maine must not be allowed to
take upon herself the rii;;lit to deiine the meaning of the treaty of 1783; and
by aggressions, sueii as those against whieh llie undersigned is called uj)on
to remonstrate, to take possession, without reference to the General Gov-
ernment of the United States, of territory which has been so long in abey-
ance between the two Govermnents. Such conduct is calculated to lead
to coUisions of a distressing nature between die subjects of his Britannic
Majesty and the citizens of the United States employed to assert a fu-
tile and hazardous possession, which so entirely depends upon tlic ar-
rangements in progress between the two Governments.

The undersigned trusts that the representation made in this note will
be received by^he Secretary of State in the same spirit of good-will and
conciliation which has hitherto characterized the conduct of the Govern-
ment of the United States hi all occurrences of a similar nature.

The undersigned has the honor to renew to Mr. McLane the assurance
of his most distinguished consideration.


The Hon. Louis McLane, S,'C.

Frederickton, N. B., November 30, 1833.
Sir : I have the honor to transmit to your excellency another report
from the Avarden of the disputed territory, which must satisfy the Ameri-
can Government that we have not been deceived with respect to the de-
signs of the Government of Maine upon the country under notice.

It appears unnecessary that I should offer any lengthened observations
upon the decisive and menacing measure which the authorities of Maine
have at length unfortunately resorted to, in opening a road beyond the
conventional frontier of the two countries, with the avowed intention of
carrying it forward to the banks of the St. John's.

Your excellency is aware that the territory thus virtually invaded, al-
though often claimed as American, has never ceased to be under the rec-
ognised jurisdiction of Great Britain ; and the Provincial Government
would be scarcely justified in continuing to look tamely on at the system-
atic and unprovoked violation of our rights ; but, however disposed to
carry forbearance to its utmost limit, it will, I fear, be utterly impossible

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