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Maine boundary--Mr. Greely, &c. .. online

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nation, that it is a palpable perversion of language to call it an angle,
much more a northwest angle.

It is indeed time for us to begin to sear'ch, and in the right places too,
irr order- to put a stop to these j)erpetual encroachments upon our territory
and rights. Our first object should be to ascertain and tr-ace the north
boundary of Nova Scotia, which is the south boundar-y of the Pi-ovince of
Quebec, and sec if Canada comes as far down as Mars hill. And we
should pr-ocecd to finish taking the elevations on the due north lirre to some
])oint where the waters divide. The General (jovernment should be imme-
diatily called on to execute the work, with the co-oper-ation of Massachu-
setts and Maine. Notice sliould be given to the British author-ities to urrite
in the under taking, and, if they refuse, our Gover-rjmcnt ought to proceed
ex parte. The act would be entirely pacific, as the object would be to as-
certain fuits ; much more pacific than the sur>ey, without notice, o( \\\e
St. Andrew's and Quebec railroad through our territor-y — not for tlie \)uv-
])ose <»f ascertaining a boundary, but to assume jur-isdiction.

Your coniiiiittee |ta\e giMie through this tedious investigation with all the
delilicratiitn, exa( triess, and candor-, which our- time, means, and feelings
would allow. Our animadversions m.kv, in some instances, have been
strong, and even severe ; hut we think wr« have expr-essed the sentiments
and licliiigs of the people of Maine, suder-ing under- jir-otr-acted injuries.
I'his State should take a fir-ni, ileliber-ate, and dignified stand, and one
whnhit will not retract. While it awards to the Gener-al Governnient
all its legitimate powers, it will not be foi-getful of its own. We callirpon
the President and Congress ; we invoke that aid and svmpatliy of our sis-
ter States which Maine has always accur-ded to them ; we ask, nay, we de-

[House Doc. No. 31. ]


mand, in the name of Justice, now lox; we are to be thus trampled down
hy a (bieign iicoplc ? and we ttust we shall meet a cordial and patriotic
response itt the breast of every republican of the Union.

Your committee, therefore, submit the following resolutions.

L. J. HAM, -^


SAMUEL P. liExNSON, )> of the Senate.







S E W A LL P R E S C OTT, Kof the House,





Resolves relative to the Northeastern boundary.

Resolved, That we view with much solicitude the British usurpations
and encroachments on the northeastern part of the territory of this State.

Resolved, That pretensions so groundless and extravagant indicate a
spii-it of iiostility which we had no reason to expect from a nation with
whom we are at peace.

Resolved, That vigilance, resolution, firmness, and union on the part of
this State, are necessary in this state of tlie controversy.

Resolved, That the Governor be authorized and requested to call on the
Pi-esident of the United States to cause the northeastern boundary of this
State to be exploied and surveyed, and monuments erected, according to
the treaty uf: 1783.

Resolved, Tliat the co-operation of Massachusetts be requested.

Resolved, That our Senators in Congress be instructed, and our Repre-
sentatives requested, to endeavor to obtain a speedy adjustment of the con-

Resolved, That copies of this report and resolutions be ti-ansniitted to the
Governor of Massachusetts, the Presi<ient of the United States, to each of
our Senators and Representatives in Congress, and other Senators in Con-
gress, and tiie Governors of the several States.

In the House of Representatives, March 24, 1837. Read and passed,

H. HAMLIN, Speaker.

In Senate, March 25, 1837. Read and passed.

J. C. TALBOT, President.

March 25, 1837. Approved :


364 [ House Doc. No. 31. ]

staie of maink.

Executive Department,

Jngnstd, June 27, 1837.
Sir : I lose no time in cominuiiicatiiig (o ymiv excellency a co|iy of a
letter from Sir JdIiii Harvey, Lieutenrtiit Governor of the Province of New
Brunsv\ick, and also a letter IVoin J. A. Maclanclilan to Sir John llarvcy,
in relation to the arrest and iinpt isotnnent ot Ebenezer S. Greely.

I have the honor to be, with high considerations, your obedient servant,

His Excellency iMartiv Van Uuhen,

rresidcnt oj the Uniled Slates.

Government House, Frederickton, N. B.,

June 12, 1837.

Sir : Since I had the honor of addressing yonr excellency under date
of the 6th instant, annonncing my assnmption of the administration of this
Government, a rej)ort has been laid before me by the warden of the dis-
l)uted territory, a copy of which I feel it to be an act of courtesy towards
your excellency to lose no time in commniiicating to you.

In including the territory within the limits of the British claim in the
census which '< Ebenezer Greely" appears to have been instructed to take
of the poj)ulation of the county of "Penobscot,*' !ie has e\idently acted in
ignorance or urider a misconception of the subsisting relations betwixt
England and the United States of America, which I cannot allow myself
to doubt that your excellency will lose no time in causing to be explained
and removed. Though necessarily conimittcd to confinement, J have
desired that every regard may be shown toGreely's personal convenience,
consistent with the i)i/sition in which he has " ro/j/»/«n7y" placed himself :
1 use this exjjression, because, as your excellency will observe, Greely was
informed by the warden tliat if he would desist from the act in which he
was engaged and the language which he was holding to the people of the
Madawaska settleujent, (acts constituting not only an interference with
the acknowledged rights of Jurisiiiction of tliis Province, but the jjositive
exercise within its limits ol actual Jisi is iiitioii. however unauthorized, on
the part of tlie State of Maine,) and would withdraw from this district, he
should be allowed to do so ; otherwise, that, in l!ie discharge of the duties
imposed upon him by hisolhce, he (the warden) who is in the conimission of
the peace, must be under the necessity of apprehending liim, in order to make
him amenable to the laws of the Pi-o\ ince. Tiiis pi-ojiosal Gi-eely irjected,
and was accordingly coinniitted to jail, to be dealt witli according to law.
In the mean time. ;is an evideme of my desir-e to cultivate the most friendly
nndei^tanding with tiie (ioveinmi-nt of tiie State ol which Greely is a citi-
zen, I lose no time in spying that, upon receiving an assurance from your
excellency that your author ily shall be exerted in restraining this or any
olhci- citizen of the State of Maine from adi»piing pr-oceedings within the
Br-iiish limits, (as claimed,) calculatiMJ to infringe tlie aullriniiy and Jur-is-
dition of this i'r-ovince, and to disiurl) am) uiiscttU" the minds of that por-
ti(jirorits inhabitants residing in tiie disjjiited ter'r itories, irnlil tire (jues-

\ House Doc. No. 31. J 365

tion in dispute be broiigljt to a final settlement, Greely shall be immedi-
ately enlaii^i'd.

Trusting lliat your excelleiuy will see in tliis proposition an anxious
desire on my part to redeem tbe pledge given in my communication of the
6th instant,

1 have the honor to be your excellency's most obedient, humble servant,

JIaJ. Gen.f Lt. Governor, ^c.

His Excellency the Governor

of the Slate of Maine.

Frederickton, New Brunswick,

June 10, 1837.

May it tlevse your Excellency : In obedience to your excellen-
cy's instructions, cominiinicated to me through the Advocate General, in
in the absence of the Attorney and Solicitor Generals, I have now the hon-
or to report, for the informatio'i of your excellency, that I proceeded with
the least |»ossible delay to the Madawaska settlement. On my arrival at
the Great falls, one hundred and tliiriy miles from hence, I was informed
that the American citizen, Ebcnezer S. Greely, had passed up the day
previous, for the purpose of again |)roceeding with the census of the inhab-
itants of Madawaska, under autbority from the State of Maine. Aware
of the probable excitement that would naturally arise between the two
Governments from this circumstance, and at the same time fully convinced
that his Majesty's Government would but i egret any unnecessary misun-
derstanding during the pending negotiation, I thought it advisable to call
upon Mr. Coombs, a magistrate residing twelve miles above tiie falls, and
re(|uest him to accompany me, which he readily did, to witness the con-
versation between Mr. Greely and myself.

We then proceeded, and overtook Mr. Greely a short distance above
Green river, about twenty-four miles from the falls, having ascertained
by the inhabitants, as he passed up the river, that Mr. Greely was the
whole of the previous day employed in taking down tiieir names, number
of each family, and stating they would shortly receive from the State of
Maine a sum of money not exceeding tlin^e dollar s for each head of family,
out of the sur'plus revenue of the United States.

I required Mr. Gieely t(» show me his instructions for exercising author-
ity in Madawaska, when he handed me a document, a copy of which I
beg to enclose to your excellency, and, after perusing the same, I returned
it, with my opinion that I leally thought he (Mr. Greely) had mistaken
the intention of his instructions, as no allusion was made eitiier to that
settlement or the territory in dispute, and therefore, if he would then de-
sist in taking the census, I would take no notice of what had |)assed. More-
over, in re|)ly to my advice and re(|uest, he (Mr-. Gr-eely) remonstr-ated,
and attem|)ted to make it appear that he would be fully borne out by his
Government in what he had done; and that it was also his intention to
complete the census if he was not jjrevented. This reply I r-egret ; having
left me no alternative but to make him a prisoner-, which I did on Wed-
nesday the 7lh irrstant. On Friday evening I arrived at Frederickton,

366 [ House Doc. No. 31. ]

and this morning, (Saturday.) by the advice of the Advocate General, I
cominitti'd him to thf jail ot the county of York.

I have the honor to be your excellencyVs most obedient, luunble servant,


Warden of tlie (lisimted territory.

His Excellency Maj. Gen. Sir John Harvey,

Lieutenant Governor, SfC-


Executive Department, June 19, 1837.

Sir : I have the honor to enclose ti» your excellency the copy of a letter
which came to han.l by tlic last mail, by which it a])i)ears tliat Ebenezer
S. Greely, Esq., the agent em|)loyed by the county commissioners lor the
county ot" Penobscot to take the census of the town of Madawaska, has
been arrested by the authorities of the Province of New Brunswick, and is
now incarcerated in the jail at Frederickton.

Ill this state of things it becomes my painful duty to make this commu-
nication to your excellency, and to insist that prompt measures be adopted
by the Government of the United States to efl'ect the early release of the
aforementioned citizeti.

1 have the honor to be, with great respect, vour obedient servant,


His Excellency Martin Van Buren,

President of the United States.

Frederickton, Province or New Brunswick,

June 12, 1837.

Sir : On the 15th of May last, I was appointed by the county commis-
sioners of Penobscot county to take the census of Madawaska. On the 6th
of June instant, I was arrested by Mr. Maclauchlan, from this place, and
committed to jail by him, and there I now remain in the prison at Fred-
erickton. I was committed on the lOlh instant. I addressed a letter to
you on the KJtli, which has gone by the way of St. AndrevN's. Fearing
that letter will not arrive soon, 1 write again to-day by way of Houlton.
I have described my arrest m«ne particularly in my first letter, which you
will undoubtedly receive before long ; therefore, I only give the facts in
this, having a chance, by tiie assistance of Mr. Lonibard, of Ilallowell, of
forwarding this to Houlton privately. I was employed in business of the
State, and do expect my Go\erntnent will intercede and liberate me from
prison in a foreign ami a(!ja':ent Province. I shall be pleased to receive a
line from you exj)ressir)g your- ojiinioir, direction, ^.c.

I remain, sir, respectfully, your obedient servant,


KoBEUT r. DuNLAP, Esq.

Governor oj Maine.

[ House Doc. No. 31. ] 367

Depautment of State,

IVashington, June 26, 1837.

Siu : I have the honor, by direction of the I'l-esidcnt, to acknow ledge
the receipt of your letter to him of the I9tli iiista?it, enclosing the copy of
a communication dated the 12th of the same month, addiessed to you by
Ebenezer S. Greely, Escj., the agent (Mnployed by the county commission-
ers for tlie county of Penobscot to take the census of the town of Mada-
waska ; from which it appears tliat he has been arrested by tlie authori-
ties of the Province of New Brunswick, and is now in confinement in the
jail at Frederickton ; and insisting that prompt measures be adopted by the
Government of the United States to effect the early release of the above-
named citizen.

The circumstances attending this outrage, as given in Mr. Greely's
letter, are not sufficient, in tlie view of the President, to warrant the in-
terfeience of the Government at p-esent. For what cause, at what place,
and by what autiiority, the ai-rest was made, is tiot stated. The necessary
explanations may be found, perhajjs, in the [irevious communication which
Mr. Greely refers to as having been addressed to you by him on the lOth
June; if not, it is j)robable that you will easily be able to obtain explicit
information from other sources, and communicate it to this Department.
It is indisj)ensable that a full knowledge of all the facts illustrative of the
case should be in possession of the Government before any formal appli-
cation for redress can be properly preferred.

In the mean time, I have, in conversation, unofficially called the atten-
tion of Mr. Fox, the British minister at Washington, to this complaint;
and he has given me an assurance that he will immediately address a
representation on the subject to the Governor of i>Jew Brunswick, request-
ing, unless there shall be some very extraordinary reasons against it, that
Mr. Greely may be set at liberty.

I am, sir, vour obedient servant,


Hi9 Excellency Robert P. Dunlap, Esq.,

Governor of Maine,


Executive Department, Jji/y 3, 1837.

Sir : I have had the honor to receive yours of the 26th of June last, in
which, by direction of tiie President, you indicate that the circumstances
detailed in Mr. Greely's letter relative to his arrest and impi'isonment
are not, of themselves, without fuither explanation, sufficient to justify the
interference of the Government of the United States. This information
is received witli some surprise, and much regret ; surprise, because I had
understood Mr. Greely's communication to show that, while employed
within the limits of this State, and under its authority, on a business in-
trusted to him by the laws of the State, he was, without being charged or
suspected of any other oR'ence, seized and transported to a foieign jail ;
regret, inasmuch as the feelings of the people of this State have been
strongly excited by this outrage upon the honor and sovereignty of Maine ;
and each additional day's confinement which that unoffending citizen en-

368 [ House Doc. No. 31. ]

diircs, is adding to the indignation oF our citizens. I therefore hasten to
lav before you a siininiary of the transactions connected witli tiiis sul)Jecf,
as they aie gathered from Mr. Gi-eely's coniinunications to this Depait-
nient. 'Jlie facts arc to be consideied tlie less indisputable, because they
arc in the main confii'med by the statements contained in the letter of the
Lieutenant Governor of the Province of New Biunswick, by whose order
the inq)iisonment was made, and a copy of which I recently had the honor
of tiansmitling to the Presiilent.

Oi the 8th day of March last, the Legislature of this State passed an
act lelative to tlie sui-plus revenue, a copy of whicli is enclosed ; to the
eleventh, twelfth, and thirteenth sections of which I beg leave to refer
your attention. An additional act was passed on the 29lh day of March
last, a cojjy of which 1 also enclose. By this last-named act, it became
the duty of the county commissioners of Penobscot county to cause an enu-
meration to be taken of the inhabitants of said county residing north of
the surveyed and located townships. The tract thus defined comprised
the town of Madawaska, wiiich was incori)oi'ated by this State on the I5tli
of Mai'ch, 1831. Pursuant ir, that reciuirement, the county commissioners
of said county appointed Ebenezer S. Grcely to perform that service;
and, being duly commissioned, he forthwith |)ioceeded to the place desig-
nated, and entered uj)on the lequired opeiations. Being thus employed,
he was, on the 29th day of May last, arrested by the authorities of the
Province of New Bi-unswick, and conveyed to AVoodstock, in the county
of Carleton, in said Province ; but the sheriff of the county refused to com-
mit him to jail, and he was accordingly discharged. lie immediately
retui'ned to the Madawaska settlements, to enter again ujjon the duty in-
trusted to him. On the 6th day of June last, he was arrested a second
time by the same authorities, and committed to the jail at Frederickton.
It is for this act of obedience to the laws of his Government, that Mr.
Greely now lies incarcerated in a public jail in the Province of New Bruns-
wick. Is not redress urgently called for ? Must not this unoffending
citizen be immediately released?

Permit me, sir, to add my confident belitf that the President, on this
jiresentation of the facts relative to this outrage upon the National as well
as the State rights, will not fail to demand the immediate release of Eben-
ezer S. Greely, and to interpose suitable claims of indemnity for* the wrongs
so wantonly enforced upon him.

1 am, ver'y respectfully, your obedient servant,


Hon. John Foksytii,

Secretary of Slate of the United States.

An additional act providinp;' for the distribution and repayment of the public money ap-
poriioiicd to ibc Stile of Maine on dcposiie by tlie Government of llie United Siales.

Sec. 1. lie it enacted Inj the Senate and House of fie.presentalives in Le-
gislature as.'^euiljted, Tiial the time allowed to the respective cities, towns,
and plantations, in which to take the census and make returns thereof to
the State treasirr-er", is hereby extended to the twentieth day of June next.

Sec. 2. Jte it further enacted, That the treasurer is hereby dii-ect-
ed to distribute the amount of the second rnstahnent of the surplus rev-

[ House Doc. No. 31. J 369

€nue among the cities, towns, and i)lantati()ns, according to the number of
their respective scholars, as borne on the scliool (und apportionment of the
present year. And the third instalment shall be distiibnted according to
the same ajjportionment, nnless the census re(|uire(l by tiie act to which
this is additional shall be fully made, and the returns thereof to the treas-
urercompleted, by tlie first day <d' July next.

Sec. 3. Be it fartker enacted, VUixt the iliij-d and fourth instalments shall
be distributed among the towns, plantatioMs, cities, and unincorporated
places, in such manner as that the aggregate of the four instiilments shall
be in exact proptjrtion to their population, as ascertained by said census.

Sec. 4. Be it further enacted, That, in addition to the enumeration re-
quired by the act aforesaid to be taken by the county commissioners, it
shall be the duty of the county commissioners of the county of Penobscot
to take the enumeration or census of all the inhabitants of said county
residing north of the surveyed and located townships.

Sec. 5. Be it further enacted, 'I'hat the treasurer be directed to cause
the first section of this act to be forthwith published in all the newspapers
that publish the laws of the Slate.

Sec. 6. Be it further enacted, That the act to which this is additional,
and also this act, shall take effect and be in force from the times of the
passage thereof respectively.

[Approved by the Governor March 29, 1837.]

11th, 12th and 13th Sections of An Act providing for the disposition and repayment of the
public money apportioned to the State of Maine on deposite by the Government of tlie
United States.

Sec. 11. Be it further enacted, That, for the purpose of ascertaining the
population of the several cities, towns, and plantations, in this State, the
aldermen cf cities, the selectmen of towns, and the assessors of planta-
tions, are hereby authorized, at the expense of their respective cities,
towns, and plantations, to cause the number of the inhabitants thereof,
(omitting in such enumeration foreigners not naturalized, whose residence
has not been established at least four years in any of the cities, towns, or
])lantations, or other place wherein such enumeration is to be made, and
Indians not taxed,) to be taken, according to the directions of this act.
The said enumeration shall distinguish all persons under the age of four
years ; those of four and under twenty-one ; and those of twenty-one and
upwards, belonging to each city, town, and plantation in this State, on the
first day of March, eighteen hundied and thirty-se\en.

Sec. 12. Be it further enacted, Tliat said aldermen, selectmen, or as-
sessors, or such person or persons as shall be appointed by them for that
purpose, shall respectively, before entering upon the performance of their
duty as aforesaid, take and subscribe an oath or affirmation, before some
justice of the peace, for the faithful performance of their duties, in sub-
stance as follows:

I, , of , do solemnly swear (or affirm) that 1 will truly

and faithfully make a full and perfect enumeration and description of the
persons resident within the of on the first day of March, eigh-
teen hundred and thirty-seven, and return the same to the treasurer of

370 [ House Doc. No. 31. ]

Maine, agrccab!)' to the diiec tions of an act entitled <' An act providing
for llie disposition and i-epaymeiit of the public money ajtpoitioned to the
State of iNlainc on dcposite b) tiie Government «»f tlie United States," ac-
cording to the best of my ability ; and that 1 will make said enumeration

and desci'iption by actual inf|uii"y at ev^T} dwelling-house in said , or

personal inquiiy of the head of e\ei'y faniily, and not otherwise.

Sec. 13. Be it J'urt/nr enacted, That said enumeration shall be fully com-
pleted, and accurate retains thereof made to the treasurer of the State, on
oj- before the twentieth day of Apiil next ; which retui-ns shall be made in
a schedule, the form of which (with the form of the oath specified in this
section) shall be provided and fuiiiished by said tieasuier, and they shall
distinguish the several families by the name of their master, mistress, or
head. Atid the person taking such emnueration shall take and subscribe,
upon the returns rendered by him, an oath or afllimation as follows :

I, , do solemnly swear (or alfirm) that the number of persons

set forth in the return made by me, agreeably to the provisions of the act
entitled <' An act providing for the disposition and rej)a} meiit of the pub-
lic money appoitioncd to the State of Maine on deposite by the Govern-
ment of the United States," has been ascertained by an actual inquiry at
every dwelling-house, or a personal inquiry of the liead of eveiy family,
in conformity with the provisions of said act ; and that the return afore-
said is correct and true, according to the best of my knowledge and belief.

A B.

And the blank forms which the treasurer is to transmit shall be for-
waitled to the sheriOs of the respective counties, whose duty it shall be to
cause the same to be forthwith distributed to the clerks of the respective
cities, towns, and plantations. And the sheriff's bill therefor shall be pre-
sented to the Legislature for allowance.

Departmknt of State,

Washington, July 14, 1837.
Sir : Your letter of the 3d instant has been received. The surpiise
you rxj)ress that the information contained in the letter of Mr. Greely,
which accomjjanied your former communication, was not considered suf-

Online LibraryUnited States. Dept. of StateMaine boundary--Mr. Greely, &c. .. → online text (page 48 of 56)