The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1839-03-22 00:00:00

claimed to be within the jurisdiction of Maine; whither he
had reparied for the purpose Of meeting and consulting with
the land-agent of the Province of NeW Brutiswick, and con-
veyed as a plisorrier to tyederieltton, in that province, toge-
ther with twontlier citizens of the state, who were assisting
him in the, discharge 'of his duty.
. It will also appear that the Governor and Legislature of
Maine, satisfied that the trespassers had acted in defiance
Of the laws of both countries, learning that they were in
possession of arms, and anticipating (correctly as the result
has proved) that persons of their reckless and desperate cha-
racter would set at naught the authority of the magistrates,
without the aid of a strong force, had authorized the sheriff,
and the officer appointed in the place of the land-agent, to
employ, at the expense of the State, 0 alined.passe, who
had proceeded to the Seene of the dePredation§; with a view
to the entire dispersion or arrest of tilt ti4,Patsers, and the
protection of thepu.hheproperty,
in the borreip'ondenee between the Governor of Maine
and Sir Yalu' HarVer, Lieutenant Governor' of the Province
of N'w briinswick, which has grown out of these occur-
renees, and is_lilrewise .herewith communicated,. the former
is requested to recal the armed petty advanced into the dis-
puted territory.for the -arrest of trespassers', anti is informed
that a strong body of tritiSh troops is to be held in readi-
ness:to support awl. piiiiect the authority and subjects of
Grett Britain lit the said territory.. In answer to that request
tlite ~-ovincial Governor is informed of the determination of
the State of Maine to support the land agent and his partyf
in the performance of their duty, and the same determina-
tion, for the execution of which provision is made by a reso-
lution of the 'tee legislature, is communicated by the gover-
nor to the general government.
The Lieut.. Governor of .New Britrisnitly in calling upon
the governor of Maine for the fecall of the land agent and
his party from thedispiited territory, find the Ilritiih Minister
in
,making a similar demand upon, the ;g:),,,•,..ilinent of the
United S't at&, proceed *On the as,umptien that an agree-
ment exists between the two nations conceding to Great
Britain, until the Anal Set tlerrient of the boundary question,
exclusivepassi47sibri of, and jurisdiction over, the territory
in clisinut. The important bearing WhiCh such an agreement,
I if it existed, would have upon.the,canclit,itm,and interests of
the parties and the influence, it might
:haveupon the acisiitt-
merit of the dispute,, tine too "obvi-ous so OA- the error: upon
which. this assupwtion seems 't.-ii. 1-est.:Jo pass for a moment
without' correction. 'pie answer of the Secretary of State
tbltiTi( Von hate, will show the ground taken by the Oven-
racht Of the United States on this point: It is believed
all the correspondence Which has passed betweet, "
governments upon this Subject has aircatly been commin.
cated to congres.s, and is now cm her tiles/ An'abstract o,
it, however, hastily prepared, accompanies this communies,
tion. It is possible that in thus abridging a ,-.liiininimis Cor-
respondence, commencing in 1825, and continuing to * very
recent period, a portion may have been aecidentalik over-
looked ; but it is believed that 'railing tafitilliieri 14. -de which
would materially change the ftt'peS:t Of the, tkestion as therein
presented:. Jirstdad of sustaining the
raistiniption of the
British 'firirdfibriArles.that'CbrreSpandeliee didproves.the exist-
' enrerii of any catch agreement. It shoWs thatthe,Wo,gOvern-
rnenti have differed not only An 're aril ta the 'main quit.stitn
of title to the tffritpry, in dispute, but 4th kft.nence also to
the right of jnrisdietidri, and the 'fact of the actual exercise
of it iP 'afferent ti&jiais thereof. Always aiming at an
.amicable estitiStruent of the dispute, both parties have enter-
tained and repeatedly urged upon each other a desire, that
each should exercise its rights, whatever it considered them
to be, in such a manner as to avoid collision, and allay, to
the greatest practicable extent, the excitement likely to grow
out of the controversy. It was in pursuance of such an
understanding that Maine and Massachusetts, unn the
remonstrance of Great 'Britain, desisted from mak tig salts
of lands, and the general government front the Vaiis ruction
of a projected military road in t. pailfon ref the territory of
which they claimed to lit.ti* enjoyed the etelusiire possession;
and that, Great. Britain. on hoer part, in deference to a similar
remonstrance from the United State's', -sitsPendect the issue of
licenses td cut timber in the territory in controversy,,,and
also the surrey and location of a railroad,thrbegh a section
Of country over whiCh she also 'clainied to hate exercised
excht-Sive jurisdiction. , -
The State of 3Wiiiiie hid a tight to arrest the depredations
'Coniptalisied oft it belonged to her to judge of the exigency of
the occasion calling for, her interference ; and it is presumed
that had the Lieutenant Governor of New Brunswick been
correctly advised of the nature of the proceedings of the State
of Maine, he would not have regarded the transaction as
requiring., on his part, any resort to force. Each party claim-
ing a right to the territory, and hence to the exclusive juris-
diction over it, it is manifest that, to prevent the destruction
of the timber.by trespassers, acting against the authority of
both, and at the same time_ avoid foreible etillisian between
the contiguous Governments during the pendaney of riegOtiOns
concerning the title, resort must be had to
.the )1-luting exercise
ofjurisdietion in such extreme cases, or to in amicable and
'temporary arrangement as 'to the limits within which it should
berLexereised by each y),irti-, The understanding supposed to
exist lietwde4 the United States and Great Britain has been
fond he'retof'ore sufficient for that purpose, and I believe
will prove so hereafter, if the parties on the frontier directly
interested in the question, are respectively governed by a just
spirit of reconciliation and forbearance. If it shall be found
as there is now reason to apprehend, that there is, in the
modes of construing that understanding by the two govern-
ments, a difference not to be reconciled, I shall not hesitate
to propose to her Britannic Majesty's Gevefrinient a distinct
arrangement for the temporary 'and mutual exercise of
jurisdiction, by means 'af Which similar difficulties may in
future be prevtnttd. •
Brit httteen an effort on the part of Maine to preserve the
peePertS, in ' dispute frcim destruction by intruders, and a
Military occupation by that State of the territory, with a view
to hold it by force, while the settlement is a subject of nego-
tiation between the two governments, there is an essential
difference, as well in respect to the position of the State, as
to the duties of the general government. In a letter addressed
by the Secretary of State, to the Governor of Maine, on the
Ist of March last, , giving a detailed statement of the steps
which had been taken by the Federal Government to bring
the controversy to a termination, and designed to apprise the
Governor of that State of the views of Federal Executive, in
respect to the'future, it was stated, that while the obliga-
tions of the Federal Government to do all in its power to
effect the settlement of the boundary question were fully
recognised, it had, in the event of being unable to do so
so specifically, by mutual consent, no other means to accom-
plish that object amicably, than by another arbitration, or by
a commission with an umpire in the nature of an arbitration,
and that in the event of all other measures failing, the Presi-
dent would feel it his duty to submit another proposition to
the Government of Great Britain, to refer the decision of the
question to a third power. These are still my views upon the
—,,2a: dimcathe means for the settlement of the controversy, or
or to cause the natary power of the Federal Government to
be brought in aid of the State of Maine, in any attempt to
effect' that object'hy a resort to force.
On the other hand, if the authorities of New Brunswick
should attempt, to enforce the claim of executive jurisdiction
set up by them,' by means of a military occupation on their
part of the disputed territory, I 'shall feel myself bound to
consider the contingency :provided by the Constitution as
having occurred, on the happening of which a State has the
right to call forthe aid of the Federal' Government to repel
invasion.

I have expressed to the British Minister near this Govern-
ment a confident expectation • that the agents of the State of
Maine, who have been arrested under an obvibus' misappre-
hension of the object of their mission, will be promptly re-
leased ; and to the Governor of Maine that a similar course•
will be pursued in regard to the agents of the Province of
New Brunswick. I have also recommended that any. militia
that may have been brought together by the State of Maine,
from an apprehension of a collision with the Governnient or
people of the British Province, will be voluntarily and
peaceably disbanded.
I cannot allow mysell to doubt that the results anticipated
from these representations will be seasonably realized. The
parties more immediately interested cannot but perceive that
an appeal to arms, under existing circumstances, will not
only prove fatal to their present interests, but would post-
pone, if not defeat, the attainment of the main objects which
they have in view. The very incidents which have recently
oecurred will necessarily awaken the Governments to the
importance of promptly adjusting a dispute, by which it is
now made manifest that the peace of the two nations is daily
and imminently endangered. This expectation is further
warranted by the general forbearance which has hitherto
characterised the conduct of the Government and people on
both sides of the line. In the uniform patriotism of Maine,
her attachment to the Union, her respect for the wishes of
the peo'ple of her sister States, of whose interest in her wel-
fare she cannot be unconscious, and, in the solicitude felt by
the country at large for the preservation of peace with our
neighbours, we have a strong guarantee that she will not dis-
regard the request that has been made of her.
As, however, the session of Congress is about to termi-
nate, and the agency of the Executive may become neces-
sary during the recess, it is important that the attention of
the Legislature should be drawn to the consideration of such
measures as may be calculated to obviate the necessity of a
call for an extra session. With that view, I have thought it
my duty to lay the whole matter before you, and to invite
such action thereon as you may think the occasion requires.
M. VAN BUREN,

rashington, 26th February, 1839

(From the New York Gazette, of March 1) FROM MAINE.--By the Eastern Mail of last evening, we
learn that the Maine army had moved forward, in the dis-
puted territory to the junction of Aroostook and Little
Aroostook rivers, this being a point where the trespassers
had been cutting timber.
The St. John Observer, of the 19th, contains an order of
Governor Harvey for forming the draft directed to be made
from the Castleton militia, into a battalion of five companies,
and appointing the officers. Detachments of the royal ar-
tillery, and the 36th regiment, proceeded from St: John to
Fredericton on the 16th, and other detachments on the 18th.
A slip from the Bangor Whig and Courier Office, dated
Sunday evening, states that the volunteers on the Aroostook
were strongly protected by a fort made of logs, and had five
brass cannon mounted. Several companies of volunteers had
arrived within 36 miles of the encampment. Four deserters
from the British army had arrived at Liricoln.
It was expected that the Maine troops would proceed to
the mouth of the Madawaska, and there establish themselves.
It was reported that there were about 300 British regulars
opposite the mouth of the Aroostook, on the eastern side of
St. John. The number of this detachment has been here-
tofore stated at 200, consisting of the troops which were in
garrison at Frederickton. There will probably be no fighting
at present.—Boston Daily Adv.