United States. Dept. of State.

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

. (page 8 of 56)
Online LibraryUnited States. Dept. of StateMaine boundary--Mr. Greely, &c. .. → online text (page 8 of 56)
Font size
QR-code for this ebook


try and the contiguous Province. Indeed, the claim made by that Prov-



[Senate Doc. Xo. 130.] 50

ince to soil and jurisdiction, northwaid and wcstwardly of Mars Hill, is
viewed as an astonishing novelty. The acts which are below noticed
are regatded as having attached to them a constructive possession of the
whole territory claimed, and as evidence of authority over any settle-
ments on the same. There was no occasion for more particular acts im-
mediately applying to every spot. It is not believed that British juris-
diction ever invaded the Aroostook until very recently. The instances
of the special application of the power of the State Governments, to
which you advert, are included in the following schedule.

I am, with the most respectful consideration, your obedient servant,

ENOCH LINCOLN.

Samuel B. Barrell, Esq., Fredericton.

I*. S. Please to submit the contents to the inspection of Mr. Davies.



B,



Document accompanying the letter from Governor Lincoln to S. B.

Barrett.



ACTS OF MASSACHUSETTS.



Grant to certain soldiers of Mars Hill, "on the eastern line of this
Commonwealth," dated March 5th, 1801.

Same to General William Eaton, " near the eastern boundary line,"
March 4th, 1806.

Various other subsequent grants.

The resolves under which the above grants were made were pub-
lished, and no remonstrance is known to have been offered by the British
Government. There may have been previous acts of jurisdiction ; but
there has not been time for an examination by which to ascertain them.



ACT OF THE UNITED STATES.



The census of the Madawaska settlement was taken in 1820, under
the authority of the United States, and adopted by them as correct.

ACTS OF MAINE AND MASSACHUSETTS.

In 1822, Benjamin J. Porter, of Topsham, was commissioned by Gov-
ernor King, and instructed to proceed to the iVroostook, and take into
his possession any timber that might have been cut by trespassers.

In 1823, James Irish was commissioned by Governor Parris, and di-
rected to proceed to the Aroostook and seize and take all such timber
as should be found cut by trespassers on said river, westward ol the line
between Maine and New Brunswick ; which was done.

In 1825, James Irish, land agent for Maine, and George VV. Coffin,
land agent for Massachusetts, were directed by their respective States,
pursuant to joint resolves passed by both States, to repair to the Mada-
waska settleaients, andthere convey such lands as might be applied for;
pursuant to which authority said agents did bargain, sell, and convey, to
John Baker and James Bacon, one hundred acres of land each, as will



60 I Senate Doc. No. 130. J

appear by said Baker and Bacon's deeds, dated October 4th, 1825. Said
aiients posted uj) notice, at the Catholic chinch, of their authority and in-
it'iitiun to sell hinds in the Madawaska settlement. Several apj)lications
were made to purchase.

'I'he States oi Maine and Massachusetts now hold sundry notes of hand
lor timber cut on the Aroostook by trespassers, with whom the agents
have settled ; and some money has been received.



C.

Letter from Mr. Vaughan to Sir Howard Douglas.

Washington', November 20, 1827.

Sik: The Government of the United States havin<; resolved to send
Mr. S. B. Barrell to the State of Maine, and to the Province of New
Brunswick, for the purpose of obtaining information in regard to the set-
tlements on the Madawaska and the Aroostook, to the causes of recent
disturbances there, and especially in respect to the late arrest, trial, and
conviction of John Baker, I beg leave to present to you Mr. Barrell, and
to request that he may receive from your excellency every assistance in
prosecuting the inquiries which he is commissioned by his Government
to make.

Mr. Barrell is also directed to procure copies of the process and judi-
cial proceedings which have been instituted against Mr. Baker, and I
^■cnture to solicit every indulgence in that part of his commission which
your excellency may be able to grant.

1 have the honor to be, with great truth and regard, sir, your excel-
lency's most obedient humble servant,

CHAS. U. VAUGHAN.

His Excellency Sir Howard Douglas, Baronet.,

H. M. Lieut. Governor oj New Brunswick^ S,'C., Fredericton.



D.

Letter from the Attorney General to S. B. Barrell.

FuEUERicTo.v, December 21, 1827.
Sru ; Having received diiections fionj his excellency the Lieutenant
I ioveruor t(» luniish you with every information within my power, which
;, ou may rerjiiirc in ix'gard to the object of your present mission to tiiis
I'rovince, I beg you will have the goodness to favor me with the partic-
ulars of what you may wish, that I may perform the duty required of
me by his c:xcellency, who has authorized me to be unreserved in any
communication which 1 niay make upon this occasion.
i have the honor to be, sir, your mo:si obedient servant,

T. WETMORE,

Atlorncij General.
Samuel 1'., Bahukll, Eskj., iic.



[ Senate Doc. No. (30. | 6 1

E.

Lelter/rom S. B. Barrell to the Attorney General.

Fredericto.\, December 21, IS27,

Sin : I have honor to acknowledge the receipt of your letter, request-
ing; mc to designate particularly the information which I am desirous to
obtain on subjects connected with my mission to this Province ; and, in
reply, I beg leave to state that 1 have been requested to inquire partic-
ularly into 'the causes of the arrest of John Baker, and to procure offi-
cial copies of the process and judicial proceedings against him. Any in-
formation, documentary or otherwise, which, in your opinion, may have
a tendency to elucidate and explain the late proceedings of the Govern-
ment o( tliis Province in relation to Mr. Baker, and with which you may
think proper to furnish me, I will receive and convey to the Government
of the United States.

1 have honor to be, sir, your obedient servant,

S. B. BARRELL.

The Hon. Thomas Wetjmore,

Attorney General^ 8^0.



Letter to S. B. Barrell, Esq.

Fredericto-v, December 23, 1827.

Sir: In compliance with the request contained in your letter of the
21st instant, (which I had the honor to receive this day,) "to be in-
formed particularly as to the causes of the arrest of John Baker, and to be
furnished with copies of the process and judicial proceedings against
him," I had prepared a number of papers, with an intention of convey-
ing the same to you ; but finding by a Halifax paper, received by to-day's
mail, that several of those papers had been communicated to Congress
with the President's message of the 4th instant, it has become necessary
for me to alter, in some degree, the arrangement I had previously made.

The affidavits referred to in Mr. Vaughan's letter to Mr. Clay were
the foundation of the magistrate's warrant against Baker, Bacon, and
Studson, the three persons named therein. A copy of that warrant, and
the return endorsed thereon, 1 have the honor to send herewith, (mark-
ed No. 1.) Upon my return from the northern circuit, which happened
after the commencement of the last term of the supreme court, I found
the defendant Baker was in custody, against whom I exhibited an ex officio
information, a copy of which accompanies this letter, (marked No. 2 ;)
upon which information he was charged, and to which he pleaded not
guilty, and was committed until he found two sureties, in ^£50 each, to
appear at the next term to take his trial. I well remember he named
in court one person who was approved of, but that person was not pres-
ent, and he could not then name another. That cause stands for trial
in the usual course, at the next term in February next. Previous to the



62 [ SeiKite Doc. No. 130. ]

j)r(.|).u ins; of tlic aboveinentionci.1 warraut, n report had been received
iVoiii Juslice Morehouse, of" the coinnussion of a very high-handed riot
and rescue, by a party of American citizens in the Madawaska settle-
ment ; but no allidavit accompanied the report, and none reached me until
ihe 2Gth of last month. I now beg leave to refer you to the enclosed
documents, (marked No. 0,) being copies of tiie original report, and the
alBdavit of Sanfa^on, the constable, and also of the allidavit which was
the founadtion of the warrant to take James Bacon. Both of the parties
in the suit before the magistrate were American citizens, iniiabitants
of Madawaska.

The want of sufl'icient information prevented me from proceeding
against those rioters, who weie, as you will perceive, headed by Baker,
at the last term. A suit is also depending against Mr. Baker, for tres-
pass and intrusion. 1 herewith enclose copies of ihe proceedings there-
in, (marked No. 4.) He has not yet entered his appearance. Being
prevented by the present indisposition of liis excellency from having a
pel sonal interview with him, 1 avail myself of the general direction given
to me, to be unreserved in my communication to you, to enclose to you
copies (marked No. 5) of certain documents relating to similar conduct
on the part of a late brother of John Baker and other American citizens
in 181 S. Upon that occasion, suits were itistituted by me for trespass
and intrusion against Nathan Baker and John Harford and son, which
suits, in consequence of their submission, were not further proceeded in.
\Vith gicat pleasure I also further avail myself of that general direc-
tion in sending to you copies (marked No. 6) of the correspondence re-
lating to the mode of executing the first-mentioned warrant against John
Baker and others ; as it will thereby manifestly appear how extremely
desirous his excellency has been, that the proceedings agaiiast those per-
sons should be conducted in such a way as to avoid any just cause of
complaint; in short, to have no more done than was absolutely neces-
sary to preserve the supremacy of the laws, without which there would
be an end of liberty and all personal security.

I have the honor to be, sir, your most obedient servant,

T. WETMORE,
Atlorneij General, New Brunsivick.
Samuel B. Barrell, Esq.,

Agent from the United Stales of America^ &fC.



Letter to S. B. Barrell.

KiNGSWOOD, NEAR FrEDERICTON,

December 25, 1827.

Sin : From the suggestions made at our conference yesterday, I now
hart! the honor of furnishing you with not only the copies of the docu-
ments which I |)prr('ive have alieady been communicated to your CJov-
ernment, and, on the llh instant, submitted to Congress, but of other



[ Senate Doe. No. t30. | 63

papers which may have a tendency to give a true complexion to those
proceedinjjjs, which, paitly from the want ol' correct inforn)ation, hut prin-
cipally iVom willul luisicprcsentation, have pioduced excitements that
have, in some degree, threatened the disturhance of the peace and har-
mony which have heretofore prevailed helween our neighhors and us.
The documents that accompany this aie —

1st. A copy of my letter to Justice Morehouse of the 31st July last,
with copies of Adjutant Rice's letter to him of the 25th, and his letter to
Mr. Secretary Odell of the 26th of the same month, reUuing to the con-
duct of Baker and others, in a hie maiked No. 7.

2(1 Copies of the depositions of Feirio, Silcste, Chamherland, and Mar-
kee, made on the 7th, 8th, and 9th of August last, and Justice Moie-
house's letter to me of the 11th of that month, with his list of American
citizens settled in Madawaska, in a file marked No. 8.

3d. Copies of Justice Morehouse's report to Mr. Secretary Odell, and
the aflidavit of Stephen McNiel, the constahle, dated the 20th of last
Septcmhcr, relating to a riot and lescue, and ialse imprisonment of the
constable, by an armed pai ty of ihii teen men, principally British subjects,
on (he river Aroostook, in a file marked No. 9.

4th. Copies of my letters of the 7th of last September, to the sherilT
of York and Justice Moiehouse, relating to the issuing of process against
Baker, Bacon, and Studson, and directing the manner of executing the
same, marked No. 10.

1 have the honor to be, sir, your most obedient servant,

T. WKTiMORE,
Attorney General^ New Brunswick.

Samuel B. Barrell, Esq.,

Agent of the United States, S)"C.



Subpcena ad Respondendum.

George (he Fourth, by the Grace of God, of the United Kingdom
[l. s.] of Great Britain and Ireland, King, Defender of he Faith, Stc,
to John Harford, Grueling:

We command you that, laying aside all excuses whatsoever, you be
and appear in your proper person, before our justices of our Supreme
Court for our Province of New Brunswick, at Fredericton, on Saturday
next after the second Tuesday in July next, to answer to us of and con-
cerning certain matters which on our behalf shall be then and there object-
ed against you : And this you are by no means to omit, undei- the penalty
of one hundred pounds, which we will cause to be levied on your goods
and chattels, lands and tenements, to our use, if you neglect lo obey this
our present command.

Witness: JONATHAN BLISS, Esquire,

Our Chief Justice of Fredericton, the twentieth day of May, in the first
year of our reign.

By the Justices: ODELL.

[Endorsed]

At the suit of the Attorney General, lor trespass and intrusion on the
Crown lands. T. WETMORE,

Attorney General.



6 1 [ Senate Doe. No. 130. ]

I.

October 10, 1825.
Sir : We liereby anthorize and direct you to asceitain the amount of
timber that may be cut tiio approachiiif!; season upon the St. John's livcr,
and upon the several streams and jivers emptying]; into St. John's river
above the Grand Falls ; an 1 where permits have been granted by us,
settle with the holders of said permits, conformably to the conditions
theieof; but where any persons have presumed to cut ;vithout our per-
mission, or permission obtaiiicd I'rom you upon the same terms, (a copy
of one of said j)ermits is here enclosed,) you will recjuire such persons
to pay fifty cents per ton for timber, and one dollar and twenty-five cents
per thousand for boards; or, on refusing to pay as aforesaid, seize the
logs and timber, and sell the same at })ublic auction, for the benefit of
said Commonwealth and State, first giving thirty days public notice of
the time and place of sale, by posting the advertisement at one or more
public ])laces within your di^tiict.

GEO. W. COFFIN,
Land Agent /or the Commonwealth of Massachusetts.
JAMES IRISH,
Land Agent /or the State of .Maine.
To Mr. James Baco.v.



Xo. 1.
Justice Morehousc''s icarrant against John Baker and two others.



[L.S.]



York : To the high sheriff of the county of York, and his
deputies, and to all and singular the constables of the respective
towns and parishes in the same county, and to every one of
them. Greeting :

Forasmuch as it aj)pears to me, George xMorehouse, Esquire, one of
his Majesty's justices, assigned to ktof) the peace in and lor the said
county, as w ell by the oath of Peter Markee and others, as upon my
own view, that John Baker, James Bacon, and Charles Studson, all of
tlic parish of Kent, in the county of York, aforesaid, laborers, have been
guilty of a high misdemeanor, by endeavoring to persuade and procure
divers of the inhabitants of the said p;'.iish, his Majesty's loyal subjects,
to depart fiom the allegiance which they owe to his said Mnjesty, and in
violently opposing the execution of the laws of the lealm of England and
of this Province within the said parish, and opposing and resisting the
authority of his Majesty's Government there, and conspiring together to
snbveit his Majesty's authority and (lovernmcnt in that j)art of this Prov-
ince : These are, in his Majesty's name, to command you, and every one
of you, forthwith to npprchrnd the said John Baker, James Bacon, and
Chailes Studson, and bring tlicm l)efoie me, the said justice, at my
dwelling-house in (he said parish, to answer to the said charge, and fur-
ther to be (U.all wilh according to law. Hereof fiiil not at your [)eril.
Given under my hand and seal, at the parish of Kent, aforesaid, the
twenty-second day of September, in the year of our Lord one thousand



[ Senate 1^00. No. 130. ] 65

eight hundred and t?venty-sevcn, and in the eighth year of the reign of
his Majesty King George the Fourth.

GEORGE MOREHOUSE,

Justice of the Peace.

I have taken the body of John Baker, and ^lad him before George
Morehouse, Esquire, on Tuesday, the twenty-fifth day of September,
who referred me to the Attorney General for examination. The said
John Baker I have now in custody, to be dealt with as the law may
direct. The other olTenders, Bacon and Studson, could not be arrested.

E. W. MILLER, S/^enJ.



No. 2.



Copy of information against John Baker for a misdemeanor^ October

13, 1827.

New Brunswick ) Michaelmas term, in the eighth year of the reign of
Supreme Court. \ King George the Fourth.
York, to icit :

Be it remembered, that Thomas Wetmore, Esquire, Attorney General
of our sovereign lord the now King, for his Majesty's Province of ]>iesv
Brunswick, who for our said lord the King prosecutes in this behalf, in
his own proper person, comes here into tiie court of our said lord the
King, before the Ki.ng himself, at Fredeiicton, in the county of York, o\\
Saturday next after the second Tuesday in October, in this same term,
and for our said lord the King gives the court here to understand and be
informed, that John Baker, of the parish of Kent, in the county of York,
laborer, being a person greatly disaffected to our said lord the nov/
King, and his Government, within this his Majesty's Province of New
Brunswick, and contriving, endeavoring, and unlawfully, maliciously, fac-
tiously,and seditiously, intending to vex, molest, and disturb, the peace and
common tranquillity of this Piovince, and to bring into hatred and con-
tempt our most serene lord the now King, and his Government, and for
creating false opinions and suspicions in the people and subjects of our
said lord the King, of and concerning the Government and administra-
tion of our said lord the King, and of the royal power and undisputed
j)rerogative of our said lord the King, within this Province ; he, the said
John Baker, tor performing, perfecting, and eilecting, his said most wicked
contrivances and intentions, on the fifteenth day of July, in the eighth
year of the reign of our sovereign lord King George the Fourth, at the
parish of Kent aforesaid, in the county aforesaid, with force and arms,
contemptuously, maliciously, factiously, and seditiously, applied to one
Peter Markee, being one of the subjects of our said lord the King, resi-
ding and inhabiting within the said patish, and then and there endeavor-
ed to persuade and seduce the said Peter Markee to depart from and
violate the allegiance which he owed to oui' said lord the King, and did
then and there present to the said Peter Markee a written paper, then
and there requesting and persuading him, the said Peter Markee, to sub-
scribe his name thereto ; then and theie stating to the said Peter xMarkee
5



06



[ Senate Doc. Xo. 180. J



that the same j)aj)or was diawn up by him, the said Jolm Baker, and
otheis rcsidini: in the Madawaska i^cttlenicnt, in the parish aforesaid, and
county aforesaid, with an intent theie!)y to bind those who subscribed
the same paper to defend one another against any act of a British officer,
civil or Hiilitary, and not to allow the British laws to be put in force
anion<^ them in the said Mada\vaska settlement aforesaid, (to wit, in the
pari^h albrcsaid and county aforesaid,) he, the said John Baker, then
and there declarins; that the British Government, meaning; the (sovern-
nient of our said lord the King, had no right to exercise any authority
over the inhaljitants of the said settlement, and that the Government of
the United States of America would j)rotect him, the said John Baker,
and others, his confederates as aforesaid, in what they were then doing:
And that he, the said John Baker, in order further to perform, perfect,
and effect, his malicious, factious, and sedi'tious intentions and designs
aforesaid, afterwards, to wit, on the eighteenth day of the same month of
July, in the yeai- aforesaid, at the parish aforesaid, in tiie county afore-
said, endeavored to opj)oso and obstruct the postman then and there
having the custody and carriage of his Majesty's mail to Canada, in the
prosecution of his journey witli the same mail, he, the said John Baker,
then and there declaring, with a loud voice, in presence and hearing of
divers of the subjects of our said lord the King, that P'ngland had no
right to send her mails by that route, (meaning through that part of the
said jiarish of Kent,) and that he, the said John Baker, had received
orders fiom the said Government of the United States to stop the con-
veyance of the said mails through the same, to the derogation, great
damage, diminution, and prejudice, of our said lord the King and his pre-
rogative, in very great contem[)t of our said lord the King and his laws,
to the evil example of all others in the like case offending, and against
the peace of our said lord the King, his crown, and dignity.

Whereupon, the said Attorney General of our said lord the King, who
for our said loid the King in this behalf prosecutes for our said lord the
King, prays the consideration of the court here in the premises, and that
due process of law may be awarded against the said John Baker, in this
behalf, to make him answer to our said lord the Kinjr touchinir and con-
cerning the premises aforesaid.

T. WETMORE,
AWy pro Dom. Reg. Gen.



No. 3.

Copies of report <>/ Jiislicr Morehouse, and other documents relating to
the riot (imt rescue of James Bacon.

Kent, August 22, 1827.

Sir : A few doys stibsetpient to my in(|uirii'S into the late conduct of
American citizens in Madawaska, application was made to me by one
Phineas \l. lloll'ord, for a capias to hold James Bacon, one of the ling-
Icaders in their iclractory conduct, (o b;iil for debt. I issued the writ,
and the constable, .loseph Sanlai;on, has this day made report to me,



[ Senate Ucjc. No. 130. J 67

that he served it on Hacon, but that Bacon was rescued and taken out
of his hands hy a |)arty of Americans, about twelve in number, all armed
with muskets and swords, who ordered him to t^o about his business, and
threatened to take his life if he returned, as well as the person who ap-
plied for the writ ; thus putting; in execution their threats, that they
would not allow the laws of England to be put in force amonf^st them.
From this flagrant conduct of them, I shall not attem[)t to issue any more
writs against them until they are reduced and compelled to adopt a
tnore friendly line of conduct towards us, as I conceive that sending
constables among them will be running an unnecessary risk of their lives.

1 have the honor to be, sir, your most obedient servant,

GEORGK MOREHOUSE.

Thomas Wetmore, Esq.



New Brunswick, York, ss :

Joseph Sanfa9on,of Madawaska, and one of the constables of the par-
ish of Kent, in the county of York, and Province of New Brunswick,
niakcth oath and saith : That having a capias to hold to bailjamcs Bacon,
an American citizen residing in M;idavvaska, at the suit of Phineas Rey-
nold Hofford, deponent proceeded for that purpose to the residence of
the said James Bacon, in Madawaska, on the morning of the eleventh
of August last, between the hours of seven and nine o'clock, A. M.,
when deponent took the said Bacon prisoner, and demanded bail. That
Bacon declared he would not submit to the authority of that writ ; but
immediately sent a man to bring John Baker, and others, to rescue him.
That the said John Baker, an American citizen resident there, came^
armed with a sword, and with him a party of men, American citizens,
to wit : John Schoedder, armed with a musket, Walter Powers, Nathan-
iel Bartlett, Daniel Savage, Isaac Jones, and John Baker, jr., all armed
with clubs, as well as others, American citizens, unknown to this depo-
nent. That John Baker, Nathaniel Bartlett, and Daniel Savage, acted
as leaders in the fray, and encouraged the others to assist in rescuing
Bacon ; that they demanded of deponent to give up his prisoner, and on
his refusal so to do, stepped forward and by force took him away ; at the
same time they formed a ring, putting Bacon in the midst of them, and
declaring that if it was a writ from the United States they would submit
to its authority, but that they had bound themselves not to submit to the
laws of England.

That John Baker addressed himself to this deponent in most violent
language, thieatening to take his life for attempting to serve that writ;
when this deponent, finding any further attempts to do his duty useless,



Online LibraryUnited States. Dept. of StateMaine boundary--Mr. Greely, &c. .. → online text (page 8 of 56)