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stayed in consequence of the exticme indigence of the trespassers. I
have been further informed by Mr. Jouett, that after accidentally meet-
ing the deputy agent, Mr. Fairbanks, at the river Des Chutes, as mention-
ed in his report, that gentleman being on his way to his residence on the
Aroostook, j)roceeded in company with Mr. Jouett, so far as their respec-
tive roads lay in the same direction, and, during that time, pointed out
to him several lots of timber cut by squatters, w hich lots, he understood
from general rej)ort, had been seized by Mr. Fairbanks ; but the trespass-
ers paid no regard to such seizure, and Mr. Jouett also marked them
agreeably to his instructions.

I beg to submit, for your excellency's information, a copy of instruc-
tions given to Mr. Jouett, and also copies of his reports.

I have the honor, &c.

JOHN A. BECKWITH,
Actins; Commissioner and Survei/or General.

His Ex'cy Maj. Gen. Sir Archibald Campbell, Bart., G. C. B.^SfC.



No. 1.
Depaktment for Crown Lands and Forests,

Frederickton, February 14, 1832.

Sir : Vou are required to proceed forthwith to Houlton, and deliver the
accompanying despatcli to the justices of the peace for that settlement,
explaining to them the anxiety of this Covernment to preserve all mat-
ters connected with the territory under negotiation in the same state in
which it is at present, until the question now pending between the two
Governments be set at rest ; and that the proceeds of all seizures will be
accounted for to that Covcrnmcnt to which may be awarded the sover-
eignty of the territory in which the seizure was made.

Vou will thence pniceeil to make a thorough inspection of the said
territory, seizing whatever timber or lumber you may find manufactured,
and ascertaining the names and residences of the trespassers, and the
Government in which they owe allegiance, to order that immediate pro-
ceedings may be instituted against such as are British subjects ; and you
will inform all persons that no favor or lenity will be extended to individ-
uals who have tres|)asse«l or m:»y tresj)ass in a (juaitcr which they have
been so repeatedly wairied against encroaching ujion.

In the course of your inspection, vou will fake copious notes of all mat-



I Doc. No. 126. J 43

ters connected with the object in view, in order that you may be enabled,
on your return, to furnish a full and detailed report of your proceedings
under the warrant.

JOHN A. BECKWITH,
Acting Commissioner and Surveyor General.

Bevkrly R. Jouett, Esq.

Deputy Commissioner and Surveyor, t^c.



No. 2.

Frederickton, Neav Brunswick,

February 14, 1832.

Gentlemen : I have the honor to acquaint you that it has been re-
ported to me that several parties of lumbermen are in full operation
within the territory under negotiation between the British Government
and the United States; and, having laid the information before his ex-
cellency the Lieutenant Governor of tiiis Province, he has directed the
seizure of all timber or lumber cut within the said tract, and that a list
of the trespassers be furnished to the Provincial Attorney General, in
order that such of them as are British subjects may be prosecuted for the
trespass.

The object which this Government has in view is to prevent the said
territory from being pillaged of its valuable timber, which I am confident
you will join me in deeming an object of primary importance to all par-
ties. I have directed B. R. Jouett, Esq. to proceed forthwith to carry
the Lieutenant Governor's instructions into execution, andH have to beg
that you will furnish him with such information on the subject as you
may be in possession of, and afford him every facility in your power.

I beg further to request that you will use your exertions to repress
trespasses upon that important tract of country until the question now
pending shall be finally settled.

I am, &c.

JOHN A. BECKWITH.
To the Justices of the Peace/o/* the township of Houlton, SfC.



No. 3.
Frederickton, New Brunswick, March 20, 1832.
Sir : I beg leave to report for your information that, in obedience to
your warrant, bearing date the 14th day of February, 183 3, I proceeded
forthwith to Houlton, and delivered the despatch committed to my care
to Messrs. Cook and Gooch, two of the justices of the peace for the
township of Houlton, and to which they made the following reply, viz :
That they had no authority whatever to interfere, but would immedi-
ately transmit the said document to the Governor and Council of the
State of Maine. I then requested to know if they could comply with
his excellency's request, by furnishing me with a confidential person to



44 [ Doc. No. 126. ]

accompany me on the duty which I was about to undertake ; to which
they answered, that no provision was made by their Government to de-
fray the expenses of a person so sent ; and consequently declined the
request, adding, in justification of what they had stated, that objections
had been made by their (jovcrnment to remunerate the two agents,
Messis. Dcen and Cavanagh, who were at the INIadawaska last summer.
1 have much pleasure in being enabled to state that these gentlemen
evinced every disposition to afford me what information lay in their
power ; the latter, Mr. Gooch, gave me a letter of introduction to Den-
nis Fairbanks, Esq., deputy agent for the State of Maine, whom I met
with at the river Des Chutes, and to whom I made known the nature of
my mission. This gentleman I found disposed toalYord me every inform-
ation in his powei'.

1 then proceeded up the river Aroostook, where I found several small
quantities of timber, cut principally by the settlers who have located
themselves on that river; but the quantity cut by each individual is small.
I shall herewith furnish you with a list of the parties' names, showing
the extent of the trespass of each party, and the Government to which
they claim allegiance.

I then piocceded up the river St. John's, and having obtained informa-
tion that Mr. Leonard Combs was lumbering to a great extent, and sup-
posed to be on Crown lands, I made a thorough inspection and survey of
his works. I then proceeded up the river, and referred to the grant,
which 1 found at Captain Simon Ambear's ; and I am happy to state that
he does not come under the character of a trespasser, the timber being
cut on gianted lands, and purchased by him from the proprietors. He
has between five and six hundred tons. This, with fifty or sixty tons
cut by Michael Mercure, and about the same quantity by Acarie Lotle
on granted lands, being lots Nos. 3 and 9 on the southwest side of the
river St. John's, is all the timber made in the Madawaska settlement, ex-
cept between seventy and eighty tons made by John Baker, and hauled
out on the l)ank of the river St. John's, about one mile above his resi-
dence. This timber I seized. I called to see him, but he was absent.
I saw his wife, who acknowledged, without the least hesitation, that the
timber was made and hauled by her husband, John Baker.

I have ueed every exertion to obtain correct and satisfactory informa-
tion as to any trespasses that may be, oiare likely to be, going on ; and I
feel satisfied that nothing has escaped my knowledge, but that 1 am in
full |)<)Sscssion of eveiy thing in the shape of a trespass that has been com-
miltrd. 'I'here is nothing like a party, or concern, of lumbermen getting
timber, throughout the whole disputed territory. What is doing, is con-'
fined to the settlers upon the river Aroostook, who are wretchedly poor.
Several of them join together, and make a small quantity, which they
get hauled ;it the halves, by .some person owning a team, they being
destitute. They have principally all desisted, or had when I left.
SoiiK- stopped iiuiiKMliately on iuuiiing my instructions ; others finished
hauling what they had made, and then stopped. On my return from
M.idawa.ska, 1 nuit with a person from the head of the river or settlement,
whose slatemeiil I could depend upon. He informed me that they had all
desisted. With rcsprci to the trespa.sses whit-h have been committed, I
was informed by llu- |)cr^ons implicated that they had been induced to



[ Doc. No. 126. ] 45

work from the representations of several individuals who had been
through the settlements, and reported that the boundary question was
settled, and that those who made timber would meet with no difficulty
in obtaining license to cover it, from the Government on whose territory
it should prove to have been cut. I beg leave further to state, sir, for
your information, that there is from 300 to 400 saw logs, cut by Messrs.
Baker & Company, on the Quacklicook, the stream on which his mills
are built ; also, from 400 to 500 on Fish river, cut by Messrs. Savage,
Bartlett, & Company, for the use of the mills on that river. This, how-
ever, I am informed, has been a practice for several years past, without
any disposition being shown by either Government to prevent it, so long
as the lumber manufactured at those mills was not taken below the
Grand falls ; it being considered indispensably necessary that lumber, to
a certain €xtent, should be manufactured at those mills for the general
good and more immediate relief of the settlers. For those reasons, I
omitted classing this lumber with that in the report hereunto annexed,
supposing it would be viewed in a different light from timber or logs cut
under more aggravated circumstances.

I beg leave to submit, for your information, a letter received from Mr.
James Tibbetts, touching the matter of trespasses on the disputed terri-
toiy.

I am, &c. *

B. R. JOUETT,
Deputy Commissioner.

John A. Beckwith, Esq.,

Acting Commissioner of Crown Lands,

and Surveyor General, ^c.



46



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48 f Doc. No. 126. ]

Saint Mary's, January 16, 1834.

Sir: After meeting Mr. Fairbanks, deputy agent for the State of
Maine, at the river Des Chutes as mentioned in my report of the 20th
Marcli, 1832, that gentleman being then on his way to his residence on
the Aroostook, we proceeded in com[)any towards his said residence, and,
■whilst ascending the Aroostook, he j)ointcd out to me several lots of tim-
ber, and informed me by what squatters they had been cut, I do not
recollect his informing me that he had seized those lots, but I under-
stood from general report that he had done so, although the squatters
paid no attention thereto. This timber I marked and included in my
report, according to what I conceived to be the tenor of my instructions.
I have the honor, &,c.,

B. R. JOUETT,
Deputy Commissioner.
John A. Beckwith, Esq.,

Deputy Commissioner and Surveyor General^ SfC.



Mr. McLane to Sir Charles R. Vaughan.

Uei'artment of State,

Washington^ March 4, 1834.

Sir : I have the honor to acknowledge the receipt of your note of
the 28th ultimo, furnishing the explanation of the Lieutenant Governor
of New Brunswick of a transaction referred to by the land agent of
Massachusetts, in a letter addressed to his excellency the Governor of
that Commonwealth, and subsequently communicated to you by this De-
partment, in a note dated 21st December last ; and to inform you that
copies of your communication, together with the documents which ac-
companied it, will, by direction of the President, be transmitted, with-
out unnecessary delay, to the Executive of the State of Massachusetts.

I pray you to accept the assurance of my distinguished consideration.

LOUIS McLANE.

The Right Hon. Sir Charles R. Vaughan, G. C. II.

Envoy Extraordinary^ SfC.



[Senate Doc. Xo. 130.] 49



Message from the President of the United States, with documents re-
lating to alleged aggressions on the rights of citizens of the United
States, by the authorities of Neiv Brunswick, on the territory in
dispute between the United States and Great Britain.

To the Senate of the United States :

Washixgtox, March 3, 182S.

In compliance with a resolution of the Senate, of the 3d of January
last, requesting tiie communication of information in my possession, rela-
tive to alleged aggression on the rights of citizens of the United States, by
]K'rsons claiming authority under the Government of the Province of New
Brunswick, I communicate a report from the Secretary of State, with a
copy of that of tlie special agent mentioned in my message at the com-
mencement of the present session of Congress as having been sent to
visit the s[;ot where the cause of complaint had occurred, to ascertain the
state of the facts, and the result of whose inquiries I then promised to
communicate to Congress when it should be received.

The Senate arc requested to receive this communication as the fulfil-
ment of that engagement; and, in making it, I deem it proper to notice,
with JQst acknowledgment, the liberality with which the minister of his
Britannic .viajcsty, residing here, and the Government of the Province of
New Brunswick, have furnished the agent of the United States with every
facility for the attainment of the information which it was the object of
his mission to procure.

Considering the exercise of exclusive territorial jurisdiction upon the
grounds in controversy, by the Government of New Brunswick, in the
arrest and imprisonment of John Baker, as incompatible with the mutnal
understanding existing between the Governments of the United States and
of Great Britain on this subiect, a demand has been addressed to the pro-
vincial authorities, through the minister of Great Britain, for the release
of that individual from prison, and of indemnity to him for his detention.
In doing this, it has not been intended to maintain the regularity of his
ov/n proceedings, or of those Avith whom he was associated, to \vhich
they were not authorized by any sovereign authority of this country.

The documents appended to the report of the agent being original pa-
pers, belonging to the files of the Department of Slate, a return of them is
requested, when the Senate shall have no further use for them.

JOHN QUINCY ADAMS.



50 [ Senate Doe. Xo. 130. ]

Dei'Ahtmext of State,

JVashington, February 2S, 1828.

The Secreiary of State to wliom lias been referred, by the President,
the resokition of tlie Senate of the 3d ultimo, requesting him to com-
municate to the Senate (so far as may be coaii)atiblc with the public in-
terest,) any information in his possession relative to any alloyed aggres-
sion o\\ the rights of the citizens of the United States, by persons claiming
atithority under the Govenunent of the Pi ovince of New Jiruiiswick, has |
the honor to report herewith a copy of the instructions given to S. B. Bar-
rel!, who was deputed to collect informatiou in relation to tlie subject
mentioned in the resolution, and a copy of his report made in conformity
with them.

All which is respectfully submitted. II, CLAY.



Department of State,

JVushingto7i, November 19, 1S27.

Sir : Some difficulties having arisen on our northeastern border, be-
tween the Government and people of New Brimswick and the State of
Maine, in regard to certain settlements witlnn the territory mutually
claimed by the United Stales and Great Britain, the President is desirous
of possessing informatiou on particular points, which it is thought can be
best acquired by sending some person to collect it on the disputed ground.
He has accordnigly authorized me to engage some person in this service ;
and as you have consented to accept it, I will now direct your attention
to the particular points regarding which information is desired.

From the peru.sal of the allidavits,* copies of which you will receive
herewith, you will ])erceive that collisions have arisen between the British
authorities of New Brunswick and some of the settlers on the Madawaska
and the Aroostook, branches of the St. John's ; that these authorities claim
to exercise :i jurisdiction over those settlements, although they are wuhin
ihe above disputed territory, and that they have, in fact, exercised it in
various ways, and finally by the arrest of an American citizen, by the
name of John Baker, wiio, after being carried from his home some dis-
tance to Fredericton, was there tried, convicted, and sentenced to an
inqirisomnent of six months, and the ])aynient of a fine of £150. Tlie
President wisiies to know when and i)y whom these settlements on the
Madawaska and Aroostook were first made ? Whetiicr they were under
American or British authority, or of French orighi? By whom have they
been governed .' Have both the American and British Governments cxer-
cis-id acts of jurisdiction over them, or only one Govenunent, and which
exclusively? Have the settlers generally accpnesced in the exercise of
liiat authority, whether Ihiiish or American, which has been extended
over thrm? If these settlements were originally American, when did the
Brilisli authorities first atteuqit to exercise jiuisdiction over them ? If they
wtTeoriLMually Briti.-h, when was an olqection first made to the exercise
of JJritisli jurisdiction over tliem 1 And when was the right first asserted,

• These afTidBvllH were cominunicatcil to Congress at the oi)cning of the present session of
CongreHJt, with tiie 1 "resident's message.



[ Senate Doc. No. 130. J 61

if it has been asserted at all, to exercise autliority from the State of Mas-
sachusetts, or of JNIaine, over them ? From what Government do the set-
tlers deduce their land titles? If both from an American and a British
som-ce, from which has the greater number been obtained ? Wiiich arc
the oldest ?

You are also requested to inquire particularly into the causes of the nr-
rest and condemnation of John Baker, and his present situation, and to
procure official coi)ies of the process and judicial proceedings against him.
It being alleged that he is confined in a loathsome and unhealthy jail, you
will examine, as far as you can, into his condition ; and for that purpose,
if yon shall deem it necessary, you will proceed to the place of his con-
finement, and apply to the proper authority for permission to see him,
and to ascertain the circumstances of his situation.

If it should turn out, upon investigation, that the abovementioned set-
tlements were made and have been governed under the authority of
Massachusetts and Maine, or either of them, you will please to take the
aliidavits of some three or four, or more persons, to establish that fact.

Measures being in a course of adoption or operation to settle between
the United States and Great Britain the question of right in the disputed
territory, it is the wish of the Government of the United States, and it is
professed to be that of the Government of Great Britain, that nothing
should occur within the disputed territory to disturb the harmony be-
tween the two countries. We have inculcated forbearance and modei;a-
tion on our side, and we are officially assured that it has been and will be
practised on the other. Should you have intercourse with any of the in-
habitants of the disputed territorry, you may explain to-tlicm this mutual
understanding between the two Governments. Whilst measures are in
progress to adjust, in a regular way, by the two Governments themselves,
the ^disputed boundary, abstinence from all acts of individual violence,
and from all unnecessary collision, is the interest on both sides. Such
acts and collisions might" retard, but are not likely to advance, the work
of amicable settlement between the two nations.

You will proceed, in the first place, and before you go upon the dis-
puted ground, to his excellency Enoch Lincoln, Governor of Maine, and



Online LibraryUnited States. Dept. of StateMaine boundary--Mr. Greely, &c. .. → online text (page 6 of 56)