The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-03-02
THE UNITED STATES MAINE AND
GREAT BRITAIN

mitied BY the President ~ lAs Unlssd ass 3 huaA
Houses Of Congress on Tuesday
lay before Congress several despaiche. fram has
Exceiiency The Governor of Maine, with snciosaTez.
tnre Of that State and copy 81 tks reply II he ~
creary OF state made b. my dreciion i0ectkeF uitk
note from III. s. For, Esq, Envoy Extraordinary
and Minister Plenipc,enliary o. Great Britain, wilk
II win appear from those documents thar namer.
Gus band Of lawless and desperate men, chiefly from
the adjoining British province but sithoui ne au-
thority or sanction Of the Provincial Governmenf
had trespassed upon that portion VI the ierFtsGy In
dispute between the United States and Great Britain
which is watered BY the river Aroossook and claimed
TO belong TO the State Of Maine and thai they hsd
committed extensive depredaiions there hy eu,sing
and DESTROYING very large quantity q timber hsiii
further appear, that the Governor Of Maine having
been officially apprized Of the circumstance, bad
communicated II 10 the Legislature with 4 recon-
mendaion OF such provisions, In addition 70 those
already existing BY law, as would enable him 20 ar
rest the course Of said depredalions disperse the
trespassers, and secure the timber which hey were
about carrying away; that, In compliance with q
resolve Of the Legislature, passed In pursuance IL
his recommendation, his Excellency had despatched
the land agent Of the State, with force deemed
adequate 70 that purpose, TO the Of The alleged
depredations, who, alter accomplishing part Of his
duty, was seized by band oil the trrspassers, al
house claimed to be within the jurisdiction OF Maine
whittier he had repaired for the purpose Of meeting
and consulting with the land agent Of the Province
Of New Brunswick and conveyed as prisoner TO
Fredericton, in that Province together with two
other citizens of the State who were assisting him
in the discharge of his duty.
Il will also appear that the Governor and Legisia-
tnre OF Maine, satisfied that the trespassers had act
ed in defiance OF the laws Of both countries learning
that they were In possession Of arms and anticipating
Correctly the result has proved that persons OF
their reckless and desperate character would set nj
naught the authority Of the magistrates, without the
aid OF strong force, had authorized the sheriff and
officers appointed to the place Of the land agent, 10
employ, al the expense Of the State an armed posse,
who had proceeded 10 the scene Of these depreda-
TONS with view to the entire dispersion or arrest Of
the trespassers and the protection Of the public pro-
perty.
In the correspondence between the Governor of
Maine and Sir John Harvey, Lieutenant Governor
of the Province OF New Brunswick which has
grown out Of these occurrences, and Is likewise
herewith communicated, the former Is requested to
recall the armed party advanced into the disputed
territory for the arrest OF trespasser and Is inform
ed that strong body OF British troops is to be held
in readiness to support and protect the authority
and subjects Of Great Britain In said territory In
answer to that request, the Provincial Governor
Is informed Of The determination Of the Stale of
Maine 10 support the land agent and his party in the
performance Of their duty, and the same determ-
nation for the execution OF which provisionis made
by resolution Of the State Legislature, is commu-
nicaed by the Governor 10 the General Govern
ment
The Lieutenant Governor Of New Brunswick, in
calling upon the Governor of Maine for the recall
of the land agent and his party from the disputed
territory, and The British Minister, in making ST.
milar demand upon the Government Of the United
States, proceed upon the assumption that an agree
ment exists between the two nations conceding to
Great Britain, until the final settlement of the bound
airy question, exclusive possession of and jurisdic
tion over, the territory in dispute. The important
bearing which such an agreement, if II existed
would have upon the condition and interests of the
parties, and the influence i might have upon the
adjustment OF the dispute, are too obvious to allow
the error upon which this assumption to rest
to pass tor moment without correction. The an
swer of the Secretary Of State TO Mr. Foxs note will
show the ground taken by the Government of the
United States upon this point is believed that all
the correspondence which has passed between the
two Governments upon this subject has already
been communicated TO Congress, and is now on
their files. An abstract of it, however, hastily pre-
pared, accompanies this communication. Ii Is pos
sible that in thus abIidging voumnous cores
pondence commencing in 1926 and continuing to |
very recent period, portion may have been acct
dentally overlooked but it is believed that nothing
has taken place which would materially change the
aspect of the question therein presented Instead
OF sustaining the assumption OF the British func-
uonaries that correspondence disproves the exist
ence of any such agreement. u shows that the two
Governments 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 Jurisdiction
and the fact of the actual exercise Of il in different
portions thereof. Always aiming at an amicable |
adjustment of the dispute, both parties have enter
tanned and repeatedly urged upon each other desire
that each should exercise its rights, whatever it
sidered them to be, in such manner as to avoid
collision and allay, to the greatest practicable extent
the excitement likely 10 grow out Of the controversy
was in pursuance Of such an understanding that
Maine and Massachusetts, upon the remonslrance
of Great Britain, desisted from making sales Of
lands, and the General Government from the con-
struction OF projected military road in portion of
the territory of which they claimed TO have enjoyed
The md hiatt Dit
her part, in Difference to similar remonstrance from
the United States, suspended the issue of licenses to
cut timber in the territory in controversy and also
the survey and location Of railroad through sec
ton of country which she also claimed to have
exercised exclusive jurisdiction.
The State OF Maine had light to arrest the depre-
datons complained Of it belonged to her to Judge Of
the exigency of the occasion calling for her inter-
ference and il is presumed that had the Lieutenant
Governor of New Brunswick been correctly adv,s-
ed 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 claiming right 10 the territory, and hence to
the exclusive jurisdiction it, it is manifest that
prevent the destruction Of the timber by tresspass
ers, acting against the authority of both, and at the
same time avoid forcble collision between the con-
tiguous Governments during the tendency OF nego-
tiations concerning the title, resort must be had to
the mutual exercise of jurisdiction In such extreme
cases, to an amicable and temporary arrangement
as 10 the limits within which il should be exercised
by each party. The understanding supposed TO ex-
list between the United States and Great Britain has
been found heretofore sufficient for that purpose and
| believe will prove SO hereafter, if the parties on
the frontier directly interested in the question,
respectively governed by just spirit of Cancellation
and forbearance. If il shall be found, as there is
now reason TO apprehend, that there is in The modes
of constituting that understanding by The two Govern
ments difference not TO be reconciled, shall not
hesitate 10 propose to her Britanc Maesys Govern
ment distinct arrangement for the temporary and
ley IF
similar difficulties may in future Be prevented.
Blu, between an effort on the part of Maine to pre-
the property in dispute from destruction by in
,ruders, and military occupation by that State Of
the territory, with view to hold il by force, while
the settlement is subject OF negotiation between the