The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1831-06-08

Capital OF either State And much less coulu tnis
power be delegated to Foreign Arbiier BUT me
award has adopted new boundary, coniesseGly
neither conforming TO the Treaty, nor contenoed
for by either of the parties. The Arbiter IN lieu
of the Highlands, has terminated the line north
from the ST. Croix, in the bed oil RIVER, ana sub
stituted its Channel for Ridge OF land dividing
the waters which empty themselves into the St. ,
Lawrence. from those which fall into the Atlantic
Ocean. A greater departure from the express let
ter of an authority cannot we'll be imagined. The
special and only purpose OF the reference has been
wholly unsats6ed, and the question where are the
HIGHLANDS which constitute the true boundary be-
tween the United States aud the British Provinces
is no better settled than before the arbitrament
To the pretensons Of the States directly interest
cd, the award offers the greatest violence 1t cur
tails Maine of its ample dimensions, already in an
ticpation spread over with hardy and vigorous
population, raising her to the first rank in strength
and greatness, adding, another member to the
family Of States, abridges her jurisdiction within
the present limits OF Its accustomed exercise, and
assigns property in two millions of acres of Land,
claimed by her and Massachusetts, to an adversary
party. 1t will be seen, in the Documents that the
Minister Plenpotentiary of the United States, res
i'd ent near the King of the Netherlands promptly
protested against the award, and it is now under
stood, that the determination of our own Govern
ment awaits his return for expected explanations
upon the subject. In this situation of the business
know not, that any thing is required or can with
proPriety, be done here. have been but too re-
Gently and too imPerfectly advised in the matter,
TO invite you to any definite action Ii may be sui
hcient for the security of the future rights of the
State, that neither the authority of the Arbiter
shall be admitted, nor the validity of his decree as
sented to, by u.s. 1.-THE award is to be accepted it
seems TO ne, It must be upon the consent of the
states affected by the issue, and in compliance
with recommendation to the compromise end ter
minaton OF controversy, rather than in sub
mission to judgment which might not be
Jected In this point of view, fno other III prop
er, that the subject should be brought before you
that II may receive your present consideration, and
be hereafter under the direction of the Legislature,
In reference to the measures. which circumstances,
ut any time, may render necessary.
S!nce the communication made by me to the last
Legislature of the payment by the United States of
a sum exceeding four hundred and nineteen thou
sand dollars, towards the claim of the State for
Militia services, during the late war, have receiv-
ed from the Hon. Mr.. Davis, to whom the manage
ment OF this business was confded, a particular,
elaborate and interesting historic Report of his pro-
ceedlngs IN the conduct of his Agency together
with the decisions ofthe Secretary of War upon the
subject. 1t is thus made to appear, that the allow
ance by the Secretary to the full amount of the
appropriation by Congress of four hundred and thir
ty thousand, seUen hundred and fortv-eg dollars
and ttcenty-sic cents. But on recurring to the
books OF the Treasury, it was found, that soon af
ter the close ofthe war, the of eleUen thousand
dollars had been paid TO an authorized Agent of
tie State, by order of the President, account of
ed by him not to fall within the objection TO other
parts OF the claim and that this had been charged
as an advancement CENTRALLY, while the items of
the service continued to make part of the account
ana were in fact included in the allowance In the
payment therefore, this sum was deducted from the
amount allowed, and constitutes the exact differ
ence between the appropriation and the money last
received 1t is not perceived that any oblec ton
could have been well urged to this direction of the
secretary The State has obtained, on account of
t.le clalm as 1t was exhibited, the full sum which
the act OF Congress provided towards its payment.
But although the payment was thus limited by
the appropriation, yet, as the act of Congress, in
ats very terms, contained an authority for the ex-
animation and settlement of the Claim, generally,
was manifest, that the intention was to provide
for an ad ustment and determination of the contro-
VeTsy between the Governments, by final liQuida-
lion OF the whole account. The result of prev-
"ds &c parte auditing had been assumed for the
mere purpose Of fixing sum for the appropriation
but that result was not adopted with view to i'm
pose any restriction upon the rights of the State
On the contrary the authority to the Secretary to
cause the claim TO be again examined, excluded a
reference to former proceedings, and subjected
the case, under the direction Of this officer to a
new process OF Investigation. When the decision
OF the Secretary made known to the Agent, il
was distinctly seen, that the allowances had been
cenfned exclusively to those charges in the ac-
count which had been found admissible upon the
previous auditing. These only had been the sub.
OF strict examination both upon principle and in
the proofs. A large amount remained yet wholly
untouched. The agent now proposed to the Sec
rotary, that as to this part of the account the ex-
animation should be proceeded in, and strenuously
urged, IN an able, and as trust it will appear to
yous conclusive argument that such was the mean
ing and intention of the Act of Congress. He re-
presented, that in point Of fact many OF the services
we're OF the precise character, and could be main
famed by the satisfactory evidence with those
which bad bpe0 allnvpd that -
ana classification of them, under the forIaer audit
lng, had been conducted upon different PRINCIPLES
and under another direction than the present refer
ence, and entirely without opportunity for expana-
tlon or hearing at the time, on the part of the
-otate and that, even upon such examination, the
auditor had reported them bnt in part nadmissi.
pie, and IN part suspended for further inquiry only
me agent, therefore, earnestly requested that he
might new be admitted to endeagor to remove the
objections to the charges which under such cir
cumstances had been supposed to be inadmissible,
anu 10 support and establish those which were gus
pended tor consideration or proof Tothis request
the Secretary Ultimately declined to aceede. upon
tne ground OF want of authority both by reason of
lie ilihllauon OF the appropriation which had al
Ieady oeen satisfied, and upon a construction siven
Dy MN to the terms Of the Act which restrained its
.apphcauon to the personal services cnl1 Of the
troops, that is, to their pay or wages to the
S4cleslon oil ratons forage, fuel, transportation
nosPitdl stores munitions, &c; a construction not
peen either wholly overlooked or practically disrA
gaaSed 10 The very allowances Just before made.
Inc Report of the Agent, with the Letters of cor
IesPonoence appended and referred 20 therein. will
explain the points in difference between him and
the Secretary, and enable you to Judge with what
peFnnency or force the objection to proceeding to !
the full examination and settlement of the whole
claim was taken by the latter. The Agent will be
anstructeu, IN proper time. to present the subject
again to the head of the Department, and if, from
deierence to the decision, which has been had or
from any other cause, the appeal shall be ineectn
gress. That it will be obtained here there i M
room to doubt. large part of the unsatis6ed bal.
ance is susceptible of clear and certain evidence
IN its support any part Of the account which has
Deen admitted and paid. II is exposed to no OBJ
lection in principle, which the late Act of Congress
did not remove, and much is of character to he
the most fayorably regarded. The Justice of the
Nation, and the faith of the Government are now
alike pledged to its equitable settlement
The money recaivad fror, tho Go,o..1