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explain to him, fully, the object of this commission. You will request of
him such assistance and information in the execution of it as he may be
able and think proper to render. A letter of introduction to Governor
Lincoln is herewith delivered to you; and I expect also to procure for
you a letter of introduction to SirHoward Douglas, the Governor of Ncav
Brunswick, from the British minister, which will be delivered or forward-
ed to you.

The sum of $5300 is now advanced to you, on account of your ex-
penses. On your return, a reasonable allowance will be made for your
services, and your reasonable expenses will also be reimbursed you.

I am, sir, &c.

H. CLAY.
To S. B. Barkell, Esq.



52 \ Senate J)oc. No. 130. J

REPORT OF THE SPECIAL AGENT,

Washington, February 11, 1828.

The undoisijincd has the honor to lepoit that, in pursuance of the in-
structions which he received from the Department of State, on the 19th
day of November last, he |)roceeded to Portland, in the State of Maine,
and explained to his excellency Enoch Lincoln, the Governor of (hat
State, the object of his commission, and lequestcd of him such assistance
and information in the execution of it as he was able and mit:;ht think pro[)-
er to rendff. His excellency expressed his ready compliance with the
request of the undersigned, and in rej)ly to a letter addressed to him,t!ie
undersigned received the letter from his excellency, with its accompany-
iiiL' document, herewith presented, and marked A and B.

From Portland the undersigned proceeded to Fredericton, the capital
of New Brunswick, and the lesidenco of Sir Howard Douglas, the Lieu-
tenant Governor of that Province, to whom he transniitted, upon his
arrival, a letter of introduction fiom the minister of his Britannic Majes-
ty near the United States, a copy of which is herewith presented, mark-
«d C.

In consequence of severe bodily indisi)osition, Sir Howard Douglas
'^vas unable to give the undersigned a personal interview ; but he was
^vithout delay inibrmed, by other members o( the Government of New
Brunswick, that he was fully accredited as the representative of his
Government ; and that any information, documentary or otherwise, rela-
ting to his mission, which he desired, should be promptly furnished.

Soon after his arrival at Fiedericton, the undersigned received a let-
ter from the Attorney General of the Province, under date of December
23, which, together with a copy of his letter in rejd}-, are herewith pre-
sented, marked D and E.

On the 23d December, the Attorney General transmitted to the under-
signed the letter herewith presented, and marked F, together with sun-
dry documents, which arc also herewith presented, and numbeied from
1 to (J, inclusive. And on the 25th December, the undersigned receiv-
ed from the Attorney General his letter of that date, marked C, and
whicli, with the accomjKinying documents, numbered from 7 to 10, in-
clusive, are also here\vith presented.

The undcisigned, while at Fredericton, had repeated interviews with
Mr. John Baker, whom he found confined in prison at that place. In
conformity with his instructions, he applied for permission to see Mr.
Baker in prison, in order that he miglit ascertain the circumstances of
his situation, and an opj)ortuni(y Mas readily allbrded him for that pur-
pose. The apartment of the prison in whicli Mr. Baker is confined is
of a description that precludes the possibility of lendering its tenants
comlortablc ; but the jjrison affords none; better, and it is appropriated
to prisoncis in confinement for debt. The undersigned found in the
tame apartment with Mr. Baker an individual v.ho was imprisoned at
the suit of a creditor. It is but Justice to add, that the undersigned was
informed by Mr. Baker that botli the high sbeiilF of the county and the
ket:per of the prison li;id done all which, consistently with their duty,
they could do to alleviate his situation, and to render him as comfortable
as circumstances would authorize- 'IMie undersigned was informed at



[ Senate Doc. No. 130. ] 53

Fredericton that the prison had been recently presented hy the grand
jury of the county as a public nuisance.

It will be found, from an exaniination of the document (No. 2) accom-
panying the letter from the Attorney General of New Brunswick to the
undersigned, under the date of December 23, that the ofl'ences with which
Mr. Raker stands charged, and lor which he is to l)e tried at Fredericton,
arc for exciting sedition among tlic French settlers at Madawaska, and
endeavoringto obstruct the passage of the Tritish mail upon the river St.
John's. Mr. Baker is also imprisoned on civil process, at the suit of Rob-
ert Shear, residing in Lower Canada, lie confessed a judgment to
Shear, at Quebec, for about £230, in the year 1821 ; and upon this judg-
ment the present suit is founded. On the criminal suit he was required
to lind !)ail for his appearance, in the sum of £100, which he informed
the undersigned he could readily obtain, if he could be discharged from
the civil process.

The undersigned proceeded from Fredericton tO' Holton Plantation,
a settlement wiihin the acknowledged bounds of the Slate of Maine, and
about twelve miles distant from Woodstock, upon the river St. John's. At
this place he met with several of the settlers upon the Aroostook river,
iroi!) whom he received all the information he sought respecting the first
settlements upon that river, and the causes of recent disturbances among
the settlers.

The earliest settlement upon the Aroostook was made about six years
since. The settlers are about forty in number ; nine of whom are citi-
zens of the United States, and the residue are British subjects. No one
of them has a grant of land, either from the Government of the Province
of New Brunswick or that of the States of Massachusetts or Maine ; nor
any other title to the land occupied, than that which arises from posses-
sion. L§wis Johnson and Charles Johnson, born in the British Province
of Nova Scotia, and William McCrea, born in Ireland, were the earliest
settlers. The disturbances which have taken place have been confined
almost exclusively to what is termed the upper settlement upon the
Aroostook, about thirty miles from the mouth of the river. The settlers,
i^enerally, are composed of individuals who have lied from the British
Provinces, involved in debt, and probably with a view of avoiding their
creditors, and who settled themselves upon the Aroostook, under an im-
pression, as they state, that they were going upon American ground, and
doubtless under the expectation that they should find themselves beyond
t!ie r(>ach of the laws of Great Britain. Of this description, as the under-
signed was informed, was William Dalian, the individual whose^ state-
ment, under oath, was transmitted to the Departnient of State in Novem-
ber last, and which has been productive of such excitement in all parts
of the United States, and more especially in the State ol Maine. Dalton
was born ia the State of Maine ; but, "for some years before he settled
upon the Aroostook, he resided in the Province of New Brunswick, and
at dilferent places upon the river St. John's, where he was engaged in the
business of lumbering, ft is said that he failed in business, and left the
Province of New Brunswick deeply involved in debt, and took up his
residence upon the Aroostook river, where the undersigned has reason
to believe he would have remained to the present time if he had found
himself without the reach of his British creditors. From information



5 1 [ Senate Doc. No. ISO. J

derived from other settlers upon tlie Aroostook, tlie undersigned is himself
satisfjeil, and Icm.Is it to be his duty to report to the Government, that the
statement of Mr. Dalton, above alluded to, is substantially, and in every
material point, absolutely false. The facts respecting the taking away of
Joseph Arnold's cow, as represented by James Armstron::;-, one of the
settlors, as well as by Arnold himsell', are briefly these : Arnold had ex-
chani:;ed a cow belongin;; to him for another in possession of one William
JNTcCrea, and which ihc lattc;- chimed as his propei'ty. The cow receiv-
ed from McCrea by Arnold was subsequently taken from the latter, by
due process of law, by one John Bradley, who claimed to be the owner
of the cow, and who stated that he had sold the cow to IMcCrea only
conditionalli/; an(\ that as McCrea had not complied with the terms of the
contract, he (Bradley) was entitled to his cow again. Arnold applied
for relief to the magistrate by whom the writ of replevin had been issu-
ed, under which the cow he liad jeccived iVom McCrea had been
taken from him; but failing to procure redress, he returned home, and
told McCiea that he must either furnish him with legal evidence of his
ownership in the cow which he had received from him, or return to
him the cow which he had given in exchange for that which Bradley
had taken from him. McCrea refused to deliver up the cow, but con-
sented to leave the matter to be settled by referees. Referees were
agreed upon by the parties, who decided that if McCrea, witiiin a certain
specified period, should not furnish Arnold with pi-oof of his being the
owner of the cow which he had exchanged for that of Arnold, that he
should restore to Arnold the cow he had received from him. The time
prescribed having elapsed, and McCrea having neglected to furnish the
proof required, and the cow received from Arnold being yet in McCrea's
possession, Arnold took the co\v from ^IcCrea, and carried her to his
own house ; thus exercising a summary act of justice not unusual, it is
believed, in communities like that at the Aroostook. McCrea pretend-
ed that he had sold Arnold's cow to one Michael Cummings, who he
accompanied to the residence of Mr-. Justice Morehouse, and procured
in his behalf a writ of replevin for the return of the animal. It was the
service of this writ that was successfully resisted by the settlers, (as
staled in document 2-ko. 9, furnished l>y the Attorney Genera! of New
Brunswick,) and the cow has since remained in the possession of Arnold.
According to Dalton's statement, the cow was taken away from Arnold,
and, the public are led to infer, was restor-ed to McCrea. That part of
Daltorr's statement relative to the loss he sustained in removing from the
Aroostook was represented to the undersigned as exagger'ated. Arm-
strong states that his property was not of the value he represents it, and
was disposed of by him for a larger amount than he acknowledges to have |
received. The concluding and most tiraterial part of his statement, that
"for the last seven weeks the inhabitants of Aroostook settlement have
been unwilling and afraid to sleep in their own houses, and have retired
to the lower j)art 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," is stated by others of the .settlers to be absolutely false ; and the fact
is said to be that fur two tiii^/its only, and when a for-ce was expected to ar-
rive at the settlement from l''rcdericton,sent thither by the (Government lor
the purj)ose of apprehending those who were concerned in the rescue of



[ Senate Doc. No. t30. J 55

Arnold's cow from the constable, some of tlio settlers, to use (heir own
term, " mustered toijether," and lodged one. ni^Iit in a barn, and one night
in a house bcloriiiinf;; to one oltheni.

The undersigned dcenis it proper iu this place to letnark, upon the
testimony of Jonathati Wilson, whose statement was taken under oath, and
transmitted to the Goveinment at the same time with that of" Dalton's,
that his statement is founded entirely upon hearsay testimony, which,
upon investigation, has been ascertained, in every material respect, to he
entirely unfounded.

Civil process has been occasionally issued against the settlers upon the
Aroostook by British magistrates, for three or four years past ; and, du-
ring the last summer, process for trespass and intrusion was issued, at
the instance of the Attorney General ot the Province of New Brunswick,
against the settlers, generally, who were compelled to go to Fredcricton
and employ counsel in their defence. These suits are still pending.

It was the intention of the undersigned, in conformity with his instruc-
tions, to have gone from Holton Plantation to the settlement upon ihe
river Aroostook ; but he was informed that a journey to that settl'tnent
was at that time hazardous, and almost impracticable, and it would h.ivc^
necessarily produced in his progress great delay ; and as he had seen at
Holton some of the settlers, who appeared to be men of intelligence, and
had received from them the information which it would have been the
principal object of his journey there to procure, he deemed it inexpedi-
ent to do so, and proceeded directly to the Madawaska settlement.

This settlement derives its name from the river Madawaska, which
empties itself into the river St. John's, about thirty-six miles above the
Grand Falls, and about one hundred and sixty miles above Freder-
icton. The first settlers arrived soon after the treaty of 1783, and the
first grant, which was '•'■ of fifly-one several lots or plantations of land ^^^
was made to .Joseph Muzeroll, and fifty-one other French settlers, in the
month of October, 1790, by Thomas Carleton, Esquire, the then Lieu-
tenant Governor of the Province of New Brunswick. The land granted
lay at intervals between the river Verte and the Madawaska river, nine
miles distant from each other, and on both sides of the river St. John's.
The second grant was of five thousand two hundred and fifty-three acres
of land, lying l)elow the river Verte, and was made to Joseph Soucer
and others, by Lieutenant Governor Caileton, in August, 1794. These
are the only grants ever made by the British Government within the
settlement, exceptingone to Limo Hibert, of two hundred and fifty acres
of land, opposite to and upon the river Madawaska, in May, 1825.

The laws of the Province of Ne^v Brunswick appear to have been
always in force since the origin of that .'-ettlemcnt. The settlers have
acquiesced in the exercise of British authority, both civil and military,
among them, and have for many years had an organized militia in the
settlement. In 1824, there were but two companies of militia in the
settlement. In 1826, three new companies were organized, and *he
number of enrolled militia now exceeds four hundred. The population
of Madawaska amounts to about two thousand, and is almost exclusively
French. The French settlement commences a few miles above the
Grand Falls, and extends to the Marigoumtegook (or Mariumplicook)
creek. There was one French settler within the distance of half a mile



56 [ StMi'.itc Doc. \o. 1 U). J

from the month of ihut creek, at the periled when tlie earliest of the
American settlers went to reside liieie; and at the distance of about six
miles further down the liver St. John's, there now jesides Joseph Mishut,
a I-'renchnian, the wife of whom infornied the undersi<j;ned that her
former husband settled u})on the spot where they now reside, and built
the house thoy now occu])y, about thirty years aijo. The number of
Anu'iican settlers is about twonty-five.

The undert>iu;ned proceeded up the river St. John's, as far as the mouth
of the Marium{)licook creek, which is about fifteen n)iles above the river
Madawaska. At the mouth of this creek is the residence of several of
the American setlleis, and among others is that of Mr. John Baker.
Ti)e undersigned had free and unreserved communications with all the
American settlers uj>()n the ri\'er St. John's; and from information deri-
ved from them, conoborateil in all material points from other sources, he
is enabled to make ihe statement which follows, respecting the origin ot
the American settlement, and the causes of lecent disturbances among
the settlers.

Nathan Baker, John IJaiford, and his son John Harford^ jr., were the
fir;t American citizens who settled uj)on the river St. John's, within the
territory mutually claimed by the United States and Great liritain.
John Harford and his son came in June, 1817, and were followed, a few
months afterwards, by Nathan Baker, and were all engaged in the lum-
beiing business. In the summer of ISIS they removed their respective
families from the Kennebec river. Baker established himself at the
mouth of the Mariumplicook, and Harford about fifteen miles further up
the river St. John's. The undersigned was informed by John Ilariord,
that Nat'.cn Baker formed a connexion in business with Mr. Samuel
Nevers, a merchant of St. John's, and undei" Nevers, who had obtained
license fiom the Government of Usew Brunswick to cut limber, he en-
gaged in the lumbering business. In the summer of 1819, a subpoena
was served upon John Harford, (which is herewith presented, and
marked II,) requiring him to appear at Fredericton, to answer to a suit
Jor trespass and intrusion on Crown lands, instituted by the Attorney
General. Similar j)rocess was issued against his son, John Ilaiford, jr.,
and also against Nathan Baker. John Harford states that he went to
Fredericton in obedience to the summons, and that he, together with
Nathan Baker, submitted to the authority of the Government of New
Brunswick, and were both peiniitted to return to their setthimcnts.

John Baker, the brother of Nathan Baker, was born in Moscow, in
the county of Somerset, in the then district of Maine, in the year 17S7.
In IS 10 he le(t the United States, and took up his residence in the Prov-
ince ol New Brunswick, where he remained about two years, and flien
left New Brunswick for the Province of Lower Canada, where he re-
sided about I 111" same length of time. During the whole of this period
he was engaged in the lumbeiing business. In 1S20 he left the British
Provinces, and went to reside with his lirothcr Nathan, at the Madawaska
settlenjcnt, ami en^Mu;ed in the lumbering business with him, under
Nevers. In 1821, Nathan liaker died, and John Baker continued to
carry on the lumbering bu.-iincss under Nevers.

On the 4lh of October, 1825, deeds were given by the agents of the
States of Massachusetts and I\laine,to John Baker and James Bacon,



[ Senate Poc. No. 130. J 57

two of the Amciican settlers. Kach deed was for one liiindrcd acres of
land, of which tlie grantees were previously in possession ; and on the
10th of the same month Bacon was authorized hy the same; agents to
grant licenses to cut timber within the disputed territory, as appears
from the document herewith presented, and marked I. This authority
was sul)sequently revoked. 'Die undersigned was informed by the set-
tlers, that John Baker had previously made application to the authorities
at Fredericton, to become a naturalized Biitisli subject, and that he was
actually upon his way to Fredericton, for the purpose of becoming nat-
uralized, when he met with the agents of Massachusetts and Maine,
with whom he returned fo tlie settlement, and from whom he subse-
quently received a deed for the property he then had in possession.
They state, also, that in 1822 he ajiplicd for and received from the Gov-
ernment of New Brunswick the bounty paid to those who raise grain
upon lands recently cleared and cultivated : that Mr. Nevers, with the
knowledge, consent, and concurrence of Mr. Baker, had applied for a
grant of the very tract of land for which Baker afterwards received a
deed from the States of Massachusetts and Maine, but tlie grant was re-
fused by the Governor of New Brunswick ; and that Baker, and others
of the settlers, both belore and subsequent to the period when deeds
were given by the agents of Massachusetts and Maine, voluntarily aj)-
plied to the British authorities for the enforcement of the British lav.s
among the American settlers, both in civil and criminal matters.

The 4th of July last was celebrated by the American settlers at the
IMadawaska. A flag-staif was raised by them upon the land of John
Baker, and the American flag displayed ihereon. Many of the French
settlers were invited to join in the celebration, several of whom accept-
ed the invitation, and were present, and two assisted in the ceremony of
raising the American flag. Most of the American settlers participated
in the proceeding of the day, and it was represented to the undersigned,
by others of the American settlers, that Mr. Baker was the principal
personage among them, and it was he who proposed the celebration and
the raising of the American flag. An address was delivered, and the
party dined together at Mr. Baker's house. A ball in the evening at the
house of Mr. 13acon, where were present, by invitation, many of the
French settlers of both sexes, concluded the lestivities of the day.

On the day following, a paper was drawn up by one of the settlers,
which, it is said, was dictated by Baker and Bacon. This document, as
the undersigned was intormed by several of the settlers, was in the form
of by-laws; and the purport of it was, that the signers, in consequence
of their great distance from their own Government, thinking it expe-
dient to form themselves into a society, and have laws of their own,
agreed that they would resist any further attempt to enforce the laws ot
Great Britain among them, and would make law^s for themselves. John
Baker, James Bacon, and Daniel Savage, were constituted a tribunal lor
the enforcement of law among them, with power to seize and sell prop-
ertv in satisfaction of debts contracted among the settlers. One of the
settlers was appointed to the office of constable. These by-laws were
to be in force for one year, unless sooner annulled by the American
Government. This document, they state, was signed by most of the
American settlers, and was offered for signature, and the contents ex-



»8



I Senate Doc. No. 180. J



plained, to several of the French settlers, one of whom was induced to
put his name to it. It was destroyed about a month afterwards.

On tlic 11th August last, a suil was instituted before Mr. Justice
I\Iorciiouse, by Phineas R. Harford, against James Bacon, for a debt of
about eight dollars, due from Bacon to Harford. A writ was issued
against Bacon by Mr. Morehouse, and delivered to a constable for ser-
vice. It was the service of this writ which was successfully resisted by
the American settlers, who rescued Bacon from the hands of the officer,
and drove the latter, but without either threatening or attempting his
personal injury, from the settlement. The debt was afterwards paid by
Bacon to Harford. Baker is represented by the settlers to have taken
the lead in this alTair. The undersigned deems it scarcely necessary to
add, that the proceeding of the settlers on the 4th and 5th of July
last, and on the 11th of August following, were without t!ie authority or
knowledge of the Executive of the State of Maine.

The undersigned recommended to the American settlers at Madawas-
ka, forbearance and moderation in their future proceedin<rs during; the
pendency of the existing negotiation between their Government and
that of Great Britain, in relation to the disputed territory; assuring
them, that if their conduct should be inoffensive and peaceable, they
might rely upon the protection of their Government. And he has the
satisfaction to believe that reliance may be placed upon the assurances
he received from the settlers generally, that they would hereatter ab-
stain from all acts of individual violence, and from all unnecessary collis-
ion with the authorities of the neighboring Province.

All which is respectfully submitted.

S. B. BARRELL.

To the Hon. Henry Clay,

Secretary of State.



Letter from Governor Lincoln to S. B. Barrell.
statk of maine.

Executive Department,

Portland., December 10, 1827.

Siu : 1 have the honor, in reply to your letter received on the Stii
instant, to state that the right to assert jurisdiction over the country
watered by the Madawaska and Aroostook, however and whenever it
may have been si-ttled, commenced witii the period of the fust assign-
ment of the boundary' of Massacliusetts. That right has been relied
upon also by Maine, as an independent State, during the whole term of
her existence in that capacity, and it seems to be her intention to main-
tain, as far as the constitution will permit, the claim she has made. That
th(! whole of the territory adjacent to New Brunswick, now in dispute
under the provision of the treaty of 17S3, has been considered as Ameri-
can projx'i ty, must have; be(;n a matter of notoriety tliroughout this coun-



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