The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1826-06-14

~ TIC SUBJECT, Oy tne NauoudA GAeCutNe,
and affords satisfactory assurance, that every
competent step has been, and will continue 10
be taken, to comply with the wishes, and to
SECURE Che rights Of the States particularly in
terested. Copies OF this correspondence win
be submitted to you. The proposition in the
second Of the resolutions OF the Legislature Of
Maine, referred to in the letter Of Mr.. Clay,
not having been acceded to by this Common
wealth, no collision or controversy with the
British authorities need be apprehended
from the measure therein contemplated.
Since the adjournment of the last General
Court, his Excellency Governor Paris has
transmitted to me, expressly for the Informal
ton Of this Government, a copy of an act of
The Legislature Of Maine, passed on the nth
ofFebruary last, appropriating four thousand
dollars, on the part of that State, as contin-
gent fund for defraying the one haif'of the ex-
peuse Of surveying the lands and for other
charges, exclusive Of the personal compensa-
ton of the Commissioners, as provided for in
the act Of separation. In presenting this doc
ument to your notice, | have to accompany it
with a communication addressed to me by
the Board of Commissioners, in reference to
the execution Of their duties, and containing
an intelligent and earnest exposition of their
views OF advantage to the States, from pro-
ceeding IN the surveys and division of the
lands, the present season. After careful at
tention to these representations, in connexion
with former communications on the same sub
ject, and from personal knowledge resulting
- ,ana enoaoement heretofore in this com:
-mieslon. cannot but express the opinion. that
provision should be mado for enabling the
Commissioners to execute their intended sur
veys. The act OF separation was in itself a
compact between this Commonwealth and
The people Of Maine. 1t stipulated for the
division Of the public lands within the period
of ten years, and pledged the faith Of both
Governments to the appointment Of Commits
sioners for this purpose, and to defray, in moi
eiies, the expense. Two-thirds of the limited
period has already elapsed, and there remains
smuch labor to be performed in the completion
of the work. Neither State can enjoy their
respective rights Of property, until partition,
and the assignment TO them OF their respective
IFnrparties. While the lands remain in COM
,4mon, they cannot be settled or sold. For Ell
ther party, therefore to withhold the means,
by the fundamentally of which only, the 9TH
er can receive the benefit and improvement of
( the property, may justly be complained of
eas an act Of wrong. Any apprehensions
which have been INDUCED, that the proposed
surveys viii Involve US in controversies with
British subjects or officers iG the neighboring
Province, and thus tend to embarrass the
government Of the United States in their ne
Fociations to obtain a settlement of the boun-
Cdarw line, are thought by the Commissioner,
10 be anfounded. The surveys will be under
their direction and their recent communication
contains an explicit assurance, that no such
consequences will follow. Indeed, it appears
from their representations, that the lines now
10 be run, are tgeSt and north Of those traverc-
ed the last year, and without interruption and
without complaint, by the British. Much
confidence may justly be reposed in the intel
ligence Of these gentlemen, on this subject,
and in the continued aud satisfactory exercise
of that judgment and discretion for which
dthey are. eu,inently distinguished.
1t has been objected, that more beneficial
aud less expensive partition OF the lands
might be made, by large divisions, and the
assignment OF certain designated portions to
this Commonwealth, and the residue TO
Maine. 1t is sufficient to answer, that this
Sbusiness, by the express terms Of the act of
separation, is, exclusively, with the Commits
sioners, and that the government of neither
State have any control over the mode of divis-
ion, unless it be by negotiation and agree
mcnt between them. Besides, this commits
zion is so peculiarly constituted. by an equal
number Of the Representatives, as it were, of
the interests OF each State, that to guard
/. against a possible prejudice or advantage to
Che enc over the other, it has hitherto, in
practice, been found necessary upon every
assignment to make equal divisions Of land in
the same situation and of like quality, and to
determine the distribution of the parts by lot.
From the very extent and character of this
property, il must be obvious, that the interest
of both parties is the same, in obtaining lands
which are most in the way Of settlement, or
are valuable for their timber, and will be 6rst
in demand in the market. Hence, no divis-
: ion has yet been made, which had not respect
10 the equal ralue Of equal quantities, and the
expectation Of inducing to any other mode Of
assignment, under the Commission, is utterly
vain. 1t must therefore now rest with the
; Legislature of Massachusetts to decide,
: whether the stipulaticns in the act of separa-
-tion shall be further executed. The respon-
sibility ofsuspenGing them by one party, must
be great, where the right to do SO is ques-
stionaele, and the injury 10 the other party,
certain. An appropriation rendered necessa-
~ to meet balance Of expenses incurred in
the surveys Of the last year, as well as TO
prosecute the objects of the Commission, was
recommended to the attention of the Legis-
fature, by special message, on the 18th Of
January last. To this document, with the
papers which accompanied it, in explanation,
. on the files Of the last session, beg leave to
refer you. The grant was prevented, at that
time, by the disagroeing votes of the two
Houses. Tt has thus unfortunately happened,
@ dfSsr Who ' h6dGefp 2Ssis
have rendered services for the Government.
have NOT been satisfied. This circumstances
Will excuse the more earnestness in inviting
your immediate consideration of the propretv
Of new making an appropriation, correspond
ing with that which has been certified on The
part Of the State Of Maine.
It cannot but afford to the Legislature the
highest qualification, to be informed that the.
liberal and philanthropic provisions of the