Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1839-03-07


recall the armed party advanced INTO inc
disputed territory for the arrest OF the
and is informed that a strong
body of British troops is TO be held IN
readiness to support and protec' me au'
lhority and subjects Of Great Britain ~
said territory. In answer to that request
the Provincial Governor is informed oi
.he determination Of the State Of Maine
to support the land agent and his party, III
the performance of their duty, and the
same determination, for the execution OF
which provision is made by resolution
oi the State Legislatures communicated
by the Governor to the General Govern.
ment.
The Lieut.. Governor Of New Bruins
wick in calling upon the Governor oi
Maine for the recall ofthe land agent and
his party, from the disputed territory and
The British minister in making similar
demand upon the government OF the u
States, proceed upon the assumption that
an agreement exists between the two ma
tions, conceGing to Great Britain, until
the final settlement Of the boundary
question, exclusive possession OF, and Ju-
risdiction over the territory IN dispute.
The important bearing which such an
agreement, if it existed, would have upon
the condition and interests of the parties,
and the influence il might have upon the
adjustment Of lhe dispute, are too obvious
10 allow the error upon which this as
sumption seems to rest, TO pass Tor mo-
ment without correction. The answer
of the Secretary of State to Mr.. Fox's
note, will show the ground taken by the
government Of the U. S. upon this point.
1t is believed that all the correspondence
which has passed between the two 60
vernme nts upon this subject, has already
been communicated to Congress, and rs
now en- their files. An abstract OF IT,
however, hastily prepared, accompanies
this communication.
1t is possible that in thus abridglng a
volum;nous correspondence, commencing
in 1925 and continuing TO very recent
period, a portion may have been accident
ally overlooked but it is believed that
nothing has taken place which would ma
terially change the aspect oflhe question
as therein presented. Instead of sustain
ing the assumption of the Briii,h tunc.
,ionaries, that correspondence disprovcs
the existence Of any such agreement
1t shows that the two governments Is
have differed not only in regard to the
main question Of title to the territory IN
dispute. but with reference also to the
right Of iurisdisdiction, and the fact oil
the actual exercise of it in dlficrcrt por'
ions thereof. Always aiming at an ami
Gable adjustment of the dispute, both
parties have entertained and repeatedly
urged upon each other a desire, that
each should exercise its rights, whatever
it considered them to be, in such manner
as to avoid collision, and allay, to the
greatest practicable extent. the excite
mcnt likely TO grow out of tho contro-
versy.
Il 1t was in pursuance Of such mn under.
tanding that Maine and Massachusetts,
upon tho remonstrance Of Great Britain
desisted from making sales OF lands, and
the general. Government iiom the con.
struction OF n projected military road in
"a portion ofihc territory Of which they
claimed to have enjoyed the exclusive
possession and that Great Britain, OH
her part, in Difference to similar remon.
STRANGE from the United States, suspended
the issue oflicenses to cut timber in the
territory in controversy, and also the
survey and location Of Il railroad through
a section ofcountry over which she also
clai ned to have exercised exclusive
jurisdiction.
The state of Maine had right TO ar.
res, the depredations complained OF it
belonged to her 10 Judge of the exigenc.v
Of the occasion calling for her inter.
ference and it is presumed that had the
Lieutenant Governor Of New Brunswick
bt EN- 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 10
force. Each party claiming right to
the territory, and hence to the exclusive
jurisdiction over it, it is manifest that,
to prevent tho destruction of timber by
trcspasscrs, acting against tho authority
Of both, aud at the same time avoid forci.
bic collision between the contiguous
governments during the pcndency of lie.
gotialions concerning the title, resort
must be had to the mutual exercise OF
jurisdiction in such extreme cases, or to
an amicabe and temporary arrangement
as to the ,imits within which it should be
exercised by each party.
The understanding supposed to exist
between the United States and Great
Britain has been found heretofore SUI.
ficient for that purpose, and l believe will
prove SO hereafter, if the parties on the
frontier, directly interested in the ques-
ton, arc respectively governed by n jus;
spirit ofcoE cliation and TO- bearance. Ii
i, shall be found, as.theie is now reason
to apprchcnd, that there is, in the modes
of c,nstruing that understanding by the
two Governments. difference rot To be
reconciled, shall not hesitate to propose
to her Britannia Majcsty's Government
a distinct arrangement for the temporary
and mutual exercise Of jurisdiction, by
means Of which similar difficulties may
IN future be prevented.
But between an effort on the part Of
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