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desisted, and went away.


Sworn before me, at Kent, this 9th dav of November, 18-27.


Justice of the Peace.

«S I Senate Doc. No. 130.1

VoKK, ss :

IMiiiieas Reyrn^lti [{offord, of the town or parish of Kent, in the county
ol" \ oik, niakeih oath and saith : 'I'hat James Baijon, oi" the town or parish
i>f Kent, in the said county of York, is justly and truly indebted unto
this deponent, in the sum of five pounds of lawful money of New Bruns-
wick, over and above all discounts ; and that he, the said James Bacon,
IS about to abscond or depart from this county, as he the deponent is
informed, and verily believes ; and that he, the deponent, will be in
danger of losing his said debt, unless the said debtor be held to bail for
the said sum, so due as aforesaid, in an action which the deponent is
now about to commence for the recovery of the same.


Sworn before me, this 9th day of August, J827.

Justice of the Peace for the countij of York.

YoKK, ss :

George Moiehouse, Esq., one of his Majesty's justices of the
peace in and for the county of York :

To either of the constables of the town or parish of Kent, in the said
county, greeting; You arc hereby commanded to take James Bacon, if
he shall be found in your parish, and him safely keep, so tliat you may
have his body before me, at my otfice in Kent, in the said county, on

day, the day of August, to answer Piiinoas Reynold liof-

ford, in an action for debt, in the sum of five pounds, and have you then
there this precept.

Given under my hand and seal, at Kent, this 9th day of August, in the
year of our Lord one tiiousand eight hundred and twentv-seven.


Justice of the Peace.

Take bail for £5 0.s. Od.

No. 1.
Infomiation and process against John Baker ^ for trespass and intrusioji.

In the Supreme Court. Exchequer side.
YoKK, to xrit :

Be it renjemberod, that Thomas VVetmore, Esq., Attorney General of
our .sovereigr» lord the King for this his Majesty's l^rovince of New Bruns-
wick, who prosecutes for our said Lord the King, comes in his own
piop(;r pei.>5un into tiie court ol our said lord the King before the jus-
tices of our said lord the King at Fredcricton, on the seventeenth day of
Se])t»inbcr, in the eighth year of the reign of our sovereign lord the
now King, and for our said lord the King gives the court here to under-
slaiii!, and be informed : That whereas a certain tract or parcel of land,
situate in the parish of Kent, in the county of Yoik, in the said Province,

[ Senate Doc. No. 130. 1


and lying on both sides of the river St. John's, between the mouth of the
Madawaska river and the river St. Francis, and containing in the whole
fifty thousand acres, in the hands and possession of our said lord the
King on the fiist day of February, in the first year of his reign, and be-
fore and continually after, was and of right ought to be, and yet ought to
be, in the right of his Imperial Crown of the United Kingdom of Great
Britain and Ireland, and as part of the dominions of our said lord the
King in this Province, and for so long a time as there is no remem-
brance of any man to the contrary, has been in the possession of the said
lord the King and his predecessors, the Kings and Queens of Great
Britain and Ireland, and a part of the dominions of the said Crown.
Nevertheless, one John Baker, of the parish aforesaid, in the county
aforesaid, farmer, the laws of the said lord the King in no wise regard-
ing, but intending the disherison of the said lord the King in the
premises, on the first day of February, in the second year of the reign of
our said present sovereign lord the King, and on divers days and times
before and since, with force and arms, and without any lawful authority,
in and upon the possession of the said lord the King of apart of his said
lands, to wit : One hundred acres thereof, lying on the westerly side of
the Land Turtle, or Mereumpticook river, a branch of the said river St.
John's, at the parish aforesaid, in the county aforesaid, intruded and en-
tered, and erected and built thereon a certain house, and other edifices,
and cut and felled divers, to wit : five hundred timber and other trees
thereon standing and growing, of the value, together, of one hundred
pounds, and took and carried away the timber and wood arising from the
said trees, and of his own will disposed thereof, and the issues and the
profits of the same land coming, received, and had, and as yet doth re-
ceive and have, to his own use, and still holds and keeps possession of
the same lands. And the said trespass aforesaid hitherto and yet con-
tinuing, to the great annoyance of our said lord the King, in contempt of
our said lord the King, and contrary to his laws and against the peace
of our said lord the King: Whereupon, the said Attorney General of our
said lord the King, for the said lord the King, prays the advice of the
court here in the premises ; and that the aforesaid John Baker come
here to answer the said lord the Kiny; in the premises.


Attorney General.

George the Fourth, by the grace of God, of the United Kingdom
[l. s.] of Great Britain and Ireland, King, Defenderof the Faith, &c.,
to John Baker, Greeting :

We command you, firmly enjoining that, laying aside all excuses what-
soever, you be in your own proper person before the Justices of our Su-
preme Couit of Judicature for oui- Province of New Brunswick, at Fied-
ericton, on the second Tuesday in October next, to answer to us of and
concerning certain matters which on our behalf shall be then and there
objected against you. And this you are by no means to omit, under tho
penalty of one hundred pounds, which we will cause to be levied on your


\ Seiialc Dor. No. 130. J

gi'oils and chattels, lands and tenement.-;, to our use, it' you neglect to
olivY iliis our present command.

Witne.ss: JOHN SAUNDERS, Esq.,

Our Chief Justice at Fiedericton, the seventeenth day of September,
in the eightli year of our reign.

Bv tlie Justices :
[indorsed] ' PUTNAM.

At »he suit of the Attorney General, for trespass and intrusion on the
crown lands.

Attorney General.
September 17, 1827.


Currespondence^ &fc.^ relalAig to the intrusions of Nathan Baker and

others^ in 1818.

St. John's, December 29, 1818.

Sir : Some short time since, the enclosed letter was forwarded to me
by the honorable Judge Bliss, from a Mi'. Du Perree at the Grand Falls,
stating that some Americans had recently set themselves down at the
Madawaska settlement, on the plea that the ground belonged to the Uni-
ted States.

A c()})y of ^Iv. Du Perrec's letter has been shown to our minister at
Wasliington, by Colonel Barclay, and I now send you a copy of Mr.
Bagot's communication on the subject, and from a consideration of which
I have to request that you v» ill take immediate steps to get more particu-
lar information fiom Mr. Du Perree, and further act in the affair as you
may judge legal and expedient.

1 have to request to be acquainted, from time to time, as to the exact
state of (his transaction.

I have the honor to be, sir, your humble servant,


The Hon. Attorkey Geneual.

Washington, December 8, 1818.

Sill : I received on the -Ith your letter of the 2d instant, and have
since had an oppoitunity of speaking upon the subject of it with Mr„

Fiom my conversation with him, 1 have every reason to he assured
that the American Government will readily take whatever measure may
be necessary to prevent the occupation of American citizens of any part
of the tcriitoiy, which, until otherwise decided by the commissioners'

[ Senate Dot-. No. 180. ] 71

of boundary, 1*3 considered to he ours; I)ut Mr. Adams appears to think
that the poisons referred to in Mr. Dn Pence's letter to Jud^e Bliss,
arc, in reality, what are called s(juattets, and must be dealt with accord-

In this view of the subject, it appears to me that the Governor of New
Brunswick need not scruple to displace them by whatever is the ordinary
process resorted to against persons of thisdescriptioti ; and if tlieir names
can be ascertained and communicated to me, this (jovernment will not
delay to request the Governor of Massachusetts to take such steps in
respect to them as may depend upon him.

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


Col. Barclay.


Madawaska, September 5, 1818.

Sir: After paying you my best respects, I shall be very glad if our
jurisdiction be enforced as usual iii Madawaska, because there are sev-
eral American families arrived amongst us, from the Kennebeck river, who
would induce many of the inhabitants of this district to believe that the
jurisdiction of the United States is in force, and that of New Brunswick
not, wliich 1 do not believe ; and I hope tliat your honor will be pleased
to have me in your consideration relating to this matter.

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


Hon. J. Murray Bliss.

Fredericto.v, January 8, 1819.

Sir : Your letter to the honorable Judge Bliss, of the 5th of last Sep-
tember, stating " that some Americans had recently set themselves down
at the Madawaska settlement, on the plea that the ground belonged to
the United States," having been sent by him to his excellency the Lieu-
tenant Governor, and a copy of it shown to his Majesty's envoy to the
United States, and a conference had thereon with the Secretary of State
of that Government, I have leceived the Lieutenant Governor's com-
mands to get more particular information from you on the subject, and to
take such steps in the affair as maybe legal and expedient. I must, there-
fore, request that you will, as soon as possible, inform me of the names
of any American citizens who have within the last eight months taken
up their residence in the Madawaska settlement, or anywhere in the
neighborhood of it, to the westward of the line of experiment lately run
across the river St. John's, and the particular places where they may have
set themselves down, and the time when, and whether on ungranted
lands bought from individuals, and from whom ; and, also, whether any
surveys have been lately made by any American surveyors on the
.Madawaska or St. John's rivers, to the westward of the said line, fn
short, I must beg of you to give me the fullest and most particular infor-

7 2 f Senate Doc. No. 130. |

mation ofany atte:nj)t that has been, since the running of that h'ne, made
by any Ameiicans to encroach upon that part of his Majesty's territory;
for. until it is otheiwise decided by the commissioners of boundary, the
^vhole of the river St. John's, and of course the ^Jadawaska river, must be
considered as belonging to his Majesty.

1 am, sir, voui- most obedient servant,


Attorney General.
To Capt. Peter Du Perree, Madawaska.

Mal)av,aska, February 20, 1819.

Honored Sir : In answer to your letter of the 8th January, I have sent
yoH a particuh'ir account of the Americans who have taken up their resi-
dence in the Madawaska settlement. Captain Nathan Baker came to
Madawaska twelve months ago. At that time he wished to introduce
the laws of the States ; brought a magistrate along with him from the
States, (o form a corporation, aiid desired my concurrence. I told him \
would have nothing to do with such matters before the line was settled
between tlie British Government and the States. I likewise told the rest
of the French settlers to have nothing to do with him about such matters,
which they did. In August last he brought his wife and family from
Kennebeck river, and took up his residence in the upper settlement of
Madawaska, and built a house. In the beginning of October he began to
lumber, and, with five men, took a range for wood through ten lots, on all
M hich there are settlers, and some of them established fifteen years ago,
and have made considerable improvements. Some of the inhabitants
forbade him to cut wood upon their lots ; he said it did not belong to
them, but to the States. He has already about ten or twelve hundred
t'liis of timber, a great part of which 1 saw, on the 19th February, upon
the banks of tlie river St. John's, on the north side. He appears to me to
be a man who takes much upon him. In August last, Captain Flecher
came from the States, and entered into partner ship with him in the lum-
ber trade.

John Herford came fiom the States with his wife and family, at the
same time, and took up his residence in the up[)er settlement of Mada-
waska, built a house, and is carrying on improvements on his land. Like-
wise, his sou George Herford, with his wife and family, settled beside his
father, and built a house, and improving his land. About three months
ago they came down to make shingles, at the mouth of the Madawaska
rivei-, upon the land belonging to the Indians, but will return to their set-
tlements, when the river opens, to plant. In the last of Sci-ptember, Es-
rjuir(-' Johnson's son, one of the American suiveyors, made a survey upon
the north side of the river St. John's, beginning at the mouth of the Mad-
awaska river, up to the river St. Francis; he measured the French set-
tlement at the same time. If you want any inore information resj)ecting
these or other matters, I shall be happy to give you all the information in
my j)owcr.

lam, honored sir, your mo.st obedient servant,


Thomas Wet.more, Esq., Captain of I lie Militia.

Attorney General, Fredericton.

[Senate Doc. No. 13o. ] 73

No. G.

Letters to Sheriff Miller^ report to the Lieutenant Governor^ and hU
ExcellQncy\s' approval of the course pursued by the Attorney General,

KiNGswooD, September 13, 1827.

Sik: Upon my arrival here last night, I was much surprised and a lit-
tle ahirmed at the intelligence I received, of the niannor in which the
sheriff had commenced his journey up the river, to perform the service
required of him in regard to the execution of process on the Madawaska
intruders ; and I this morning early despatched my son Robert, in pursuit
of him, with a letter, of which I beg to trouble your excellency with a
copy. That letter reached him at the distance of about eight miles from
town. The effect it produced will appear by the certificate thereon en-

A few moments' consideration led to the conclusion that my duty was
not discharged until I had used my utmost exertion to put a stop to the
execution of a project which I was very apprehensive might produce se-
rious mischief, and greatly embarrass your excellency in any attempt at
explanation, why, instead of only two or three attendants, the sheriff should
have proceeded with a party of sixteen men, armed and equipped as a
military body. I therefore wiote another letter to the sheriff, which
overtook him at the distance of about twenty-two miles from town. To
a copy of that letter, and the certificate thereunder written, I crave leave
also to refer your excellency.

The sheriff intends, as my son informs me, to proceed in the morning,
on horseback, in the way poiHted out in my letter of the 7th instant.

The steps which 1 have taken, although they maybe disapproved of by
some, will, I hope, be considered by your excellency to be such as could
not have been omitted, under existing circumstances, without a neglect
of my duty.

I have the honor to be, with great respect, sir, your excellency's most
obedient and very humble servant,

Attorney General.

His Excellency Sir Howard Douglas, Baronet^

Lieutenant Governor and Commander-in-chiefs SfC.

No. 7.

Copies of letters relating to the conduct of John Baker and others^ and
directing an inquiry into the same.

KiNGswooD, September 13, 1827.

Sir : Being informed, upon my arrival last night from the city, that
you had, contrary to the direction contained in my letter of the 7th, pro-
ceeded on your journey up the river, with a posse from Fredericton, to
execute the process which Mr. Justice Morehouse is requested to issue

74 [ Senate Doc. No. 13o. ]

against Baker and (wo others, I have considered it a matter of sufficient
itnpoitance to despatch my son express alter you, with this my piotest
against that measure, or any other deviation fiom his excellency's com-
mat)ds, as expressed in that letter, whicli has received his entire appro-
bation. Two attendants will be amply sufficient, and better than three;
and those not armed in any unusual way. The process is to be executed
in the usual and ordinary manner, and it is committed to you to induce a
ready suI)mission to the laws, when can icd into execution by an officer
of your rank; and if you make any parade of force, until after you meet
will) opposition and iesistancc, you will incur his excellency's gieat dis-

I have tiie lienor to be, sir, your obedient servant,

Attorney General.

Mr. Sheriff Miller.

[Endorsed on the preceding. ^

September \o., 1827.

I do certify that 1 did, this day, deliver to Mr. Sheriff Miller a letter,
of which this is a copy; and at the same time intimated that his pro-
ceeding upon this expedition with so many attendants, and in such a
manner, would be acting in direct violation of his excellency's commands;
and that it must be upon his own rcspoiisibilily.

His reply to me was, that he had taken the advice of the council ; and
that, at all events, lie would not now leturn.

Clerk to the Attorney General.

KiNGswooD. September 13, 1827.

Sir : Finding, fiorn my son's report to me, that you are determined \
to act in opposition to the wishes and commands of his excellency the
Lieutenant Covenior, in ihe business which has been the subject of my
letter to you of this morning, it becomes my indispensable duty to re- {
(juire that you return to me, by the bearer, the despatch which I intrust-
ed to your care, addressed to Mr. Justice George JNIorehouse, in my let-
ter to you of the 7th instant, as all further proceedings in the alTair must
be suspended until his excellency's [)leasure shall l)C known in regard
to the extraordinary course you are i)i.irsuing, of which 1 sliall make an j
immediate report. ,

If you withhold that letter, after this requisition, you will reduce me to
the necessity of sending an express to Mr. Morehouse, to countermand
the directions therein contained.

I have the honor to be, .-^ir, your obedient servant,

Attorney General.


Jligh tSheriJf of York.

f Scnule Dor, No. 13(). ] 7 5

' *. S. As it is his excellency's wish that no time should be lost in per-
foiruing the service iii which you are now engn^oti, you are at liberty to
proceed, upori condition only that you take with you hut two attendants ;
and it appeals to mo that, wure you to ii;o on hois(jh;;ck, you would exe-
cute the duty in one-lburtii ol the time.

T. W.

[Endorsed upon the preceding lettir.]

Mr. ShcriiT MiMcM-, upon seeing me, having concluded immediately to
return, and having anticipated the nature of iwy errand, I deemed it un-
necessary to deliver him the despatch, of which the preceding is a copy ;
but read to him such parts of the same as were necessary for his informa-
tion, particularly the postscript, by which he was at liberty to retain the
despatch to Mr. Justice Morehouse, upon the condition therein stated.

Clerk to the Attorney General.

St. John's, Sepiemher 18, 1827.
Sir : I am commanded by his excellency the Lieutenant Governor to
acknowledge the receipt ofyour letter of the 13th instant, and its sever-
al enclosures, reporting to his excellency the manner in which the sheriif
of York county had commenced his journey up the river, to perform the
service required of hi.m, in regard to the execution of process on the
Madawaska intruders.

His excellency desires me to convey to you his excellency's entire
sanction and approbation of the course you have pursued, and of the di-
rections which you gave the slieriii'on this occasion, who would have in-
curred his excellency's most severe displeasure had he persisted in the
manner of proceeding in which it appears he had commenced his

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


Private Secretary.
The Attorney General.

Fredericton, July 31, 1827.

Sir : Youi- letter of the 2Gth to the provincial secretary, enclosing a
letter from Mr. Francis Ivice to you, dated 25th instant, having been re-
ferred to me by his excellency the Lieutenant Governor, with directions
to procure the necessary afiidavits of the facts stated by Mr. Rice, I must
request you will be pleased, with the least possible delay, to proceed to
the place, and j)ossess yourself of the best proofs of the conduct of Baker
and others, whicli you will forward to me under cover to the Secretary.
I send herewith a copy of Mi-. Rice's letter for your guidance.

You will be particularly careful to ascertain, if possible, whether Baker
is acting under pretended authority or not ; an(l procure, if you can, a
copy of the paper w'hich has been oflered for signature.

76 [Semite Doc. No. l3o. ]

Should Baker or any other person use any violence or force to obstruct
(he post, you will of course consider it your duty, upon receiving the
complaint under oath, to cause the offender to be arrested and committed
to jail, unless he gives satisfactory security for his appearance at the next
supreme court, to answer to the charge.

1 must beg you Avill furnish me with a sketch or general description of
the lands which Baker or any other Amciican citizen is in possession of,
in the neighboriiood of Madavvaska, and the length of time they have
possessed the same.

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


George Morehouse, Esq.

Attorney General.

No. 8.

Copies of Justice Morehouse'' s report, ivith affidavits of Peter Markee
and others, and a list oj American citizens settled in JSladawaska.

K-EisT^July 26, 1827.

Sir 4 I have the honor to enclose a letter addressed to me by Mv.
Francis Rice, adjutant of the Madawaska militia, by which you will see
the American subjects residing in that settlement are disposed to acts of
aggression, which his excellency may think |)roper to take measures to
put a stop to. I therefore request that you will lay this before his excel-
lency, for his consideration.

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


\V. F. Odei.l, Esq., ^c.

Grand River, Madawaska, July 25, 1827.

Sir: Having commenced, Saturday, 21st instant, the militia company
training, and finding some disorder amongst the people, occasioned by
Baker and others, in the upper settlement, I find it my duty to let you
know as much as I am informed concerning them. In the first place,
they have a written document, wherein they say they have authority
from the States, to have it signed by the French people of Madawaska.
This they have proposed to many of the inhabitants, and I am sorry to
say they have persuaded some of them to sign it ; the name of one of
the signers is Abraham Chamberland. Baker is the head man. All
this can be proven by oath. In the second place, Baker met the post-
man, and abkod him what he had got with him ; he (old him it was the
Province mail. 'I'hon Baker (old the post that he had orders from the
States to stujj it. The man told him tliat if he was a better man than
him, to try and take it Baker answered and said, he would let it pass
for this tinie ; but, at a future period, he would put his orders in execu-

Sir, if this Bal;(!r and others are not stopped immediately, they will cor-

f Senate Doc. No. V^O. ] 77

rupt a great part of our militia. You have licard of the liberty-pole
they have raised in this settlement. I need not t^ivc you any informa-
tion as to that; anything strange that may happen in this place 1 will
trouble you with the shortest notice.

1 am, sir, with j>;rtatest respect, your humble and obedient servant,


New Brunswick, York, ss :

William Feirio, of Madawaska, in the parish of Kent, county of York,
and Province of New Brunswick, maketh oath and saith : That by an
invitation from John Baker, an American citizen, who resides in Mada-
waska, he, the deponent, went to the said Baker, on the fourth day of
July last, one thousand eight hundred and twenty-seven ; that Baker and
the other American citizens then raised a llag-stafl', and placed the

Online LibraryUnited States. Dept. of StateMaine boundary--Mr. Greely, &c. .. → online text (page 9 of 56)