The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1831-06-08
WHOLE NO. 5000.

I
sel'ution, VIII hardly be reduced, while this
m S Oh general concern remains to be disposed
~ ne valuation has too direct q bearing upon
t;ora "l1 interests both of Municipal Corpora
nnhI anu u individuals, in their liability to the
IF tho .i, as well as upon the political rights
n.n' II'iAehs IN Their share of influence in one
| department OF the Government to he reoarded
III un 'huiheLence which will permit while this
matter Is pending voluntary diminution of the
iePtresehtation The next Legislature, therefore.
49, "t pe as numerous, and probably even
more So IMAM the present and increased nreiudice
VIII result TO the public interest. should thsye he
~ preparation IN the intermediate time, other
man oy mere return OF the Lists of the Assessors
towards ascertalnlng the valuation. II wouId be
laue Immediately necessary, upon the organization
oi the Government for the new wear. to apuoint a
committee for this parpose, and fins eitber 70
Withdraw some OF the most able and efficient MEM
peFs from the general business of Legislation while
the Legislature itself should await in session the
STOW progress OF their labors, by an adjournment
to give opportunity for the service. incur the or
pense of an extra session, fer the sole object of re-
sewing and acting upon their Report.
Upon very careful consideration it is not neY
ceyed, that any practical objection can be opposed
TO The adoption of middle course between an ad-
Joqrnment OF the present legislature, to settle the
valuation, and leaving the whole subject for atten-
tson to another general court. May not commit
tee be now constituted in the character of a Com
mission, to receive the lists of tho Assessors and
win instructions to prepare therefrom, in the usu-
al manner, schedules and estimates of the relative
and aggregate value of the rateable property in the
CITY, towns, and districts respectively of the Com
monwealth, and having completed the work. to re-
turn the lists with their report to the Office of the
Secretary. Over this report the succeeding Iegis-
iature would have the control as over the
lists OF the Assessors. Each alike would be pre-
pared for their use. Both would be laid before
them. They would be referred to for information
only. Neither would be obligatory upon their mode
of action.
The Legislature might, at pleasure, even reject
the returns of the Assessors and direct new lists
TO be taken, and it can be no less competent to
them, at their election to be assisted by the report
OF the committee. The doing of the latter will be-
bnt advisory in matter of fact to the authority to
when they are submitted, and preparatory to the
work to be accomplished. The valuation and that
only Is the duty required by the constitution and
evidence upon which it is made, can in no wise
aifect Its validity. The course which is proposed
may be unusual, and in strictness not altogether
parliamentary, but if there is no more weighty OBJ
lection, the convenience and expediency of adopt
ing 1t, VIII alone deserve serious consideration.
he difficulty which has often been stated as aris-
ing from the popularity of present circumstances
has induced me, with much diffidence to make
these suggestions, and my whole object will be
answered, If they shall but aid your deliberations
upon the subject.
A representation made to me, by the Land Agent
VI lO commonwealth, OF extensive treSpaSSeS re-
Gently committed upon the public lands in tho
neghborhood of the ST. John s River and its tribu-
tarles, In the State of Maine, requires that
should present to you the occasion for the interpo-
srton OF the authority of the legislature to their
prevention in future. Many of those streams are
naVlgabe with boats far inland, and the valuable
timber on their banks, being easily obtained is
greatly exposed to depreciation. No degree of Wig
lance, which an agent can exercise will atogeth-
or ensure Its protection. But the policy,
which the Government has applied to the manage
ment OF the less remote lands, extended to these,
will probably be the most effectua BY the sale of
licenses to cut timber, it has been found, that,
while the value is generally obtained, less is often
taken from the lands, than otherwise would have
been lost, by being plundered. The purchaser be-
comes interested IN protecting his lot, that he may
save to himself the advantage of his bargain in the
quantity OF lumber, and buying himself, he will
lhat others do not obtain it without price from con-
tlguous lots, to be enabled to underse him in the
trafhc OF the market. Hence he is induced to de-
Iect and expose the Iawless trespasser. Every
purchaser thus becomes Waterman over the prop
erty of the State, and the timber is preserved or
its equivalent secured by reason of the interest, if
not the honesty, of dealers An authority there
lore, to the agent to sell permits for cutting on the
ands of the State, in the neighborhood of the ST.
Johns Presque Isle, Machias and Aroostock Riv-
ers, and to take for the prevention pun
shment of trespasses thereon is at this time, man
lfestly expedient.
1t has also been suggested, that highly advanta-
geous sales Of land might be effected by surveying
several well selected townships into lots and offer
ing them to actual settlers, at minimum price by
the acre. This plan | beg permission to refer to
your enquiry and consideration. If it should be
approved, the Land Agent might cause the surveys
and make the sales, without interference with the
other business of his office.
From the interest which the Commonwealth
might be presumed to have in the settlement of the
cor uupStiOn nj tho North
dairy of the United States, not only member of
the contederacy, but proprietor in common
with the State of Maine, claiming the property in
the soil of the disputed Territory felt it duty
to seek the earliest information of any decision
which had been made in the case. With this view
a letter addressed by me to the President, re-
spectfully requesting such communications on the
subject, in his judgment would not be incompati-
BILE with the public welfare. In compliance with
this request, have very recently been furnished,
through the Department Of State, with copy of the
award of the distinguished Arbiter to whom the re-
spective governments ofthe u States and G. Britain
had referred the decision of the question and with
accompanying voluminous Documents. containing
the statements and arguments on behalf of the par
ties, all OF which will now be submitted for the in
formation of the Legislature, as the constituted
guardian of the rights of the State.
1t does not appear, that the decision of the Ar
bitter has as yet, been accepted by either Govern
meht. From comparison of the terms of the sub
mission with the award, it must be manifest, that
this is altogether at their option and will be obli-
gatory only when concurred in by both There is
no more sound or better established principle of
political as well as municipal law, than, that an
award to be binding must pursue the submission.
The Arbiter himself, hardly processes that, in the
present case, this has been done. The subject in
difference was the practical application of plain
and we'll defined description of boundary to the
face of the country. The whole controversy de-
pended upon the ascertainment of the single point,
where due north line extended from the source
OF the River St Croix would terminate at the high
| lands, in conformity with the expression in the
Treaty of l783-for this point being found. the
course of boundary could be followed without diff
Guilty. The authority to the Arbter was derived
under the fifth article in the Treaty of Client of
1914, which article respected the mode of settling
the boundary according to the description of the
former Treaty. and convention, agreed upon in
1897 for carving that article into effect. 1t was
limited and strict authority. The Commission of
the Arbiter had no broader scope in this particular
that to satisfy tho language used in the Treaty bv
applying it to the certain Indications of the coun-
try. TO determine the actual locality of pre-er-
L. limo and not to create and define naw era