Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1839-03-06

herewith communicated, the former is requested to
recall the armed party advanced into the disputed
territory for the arrest Of tresspassefs and 10 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 j.
informed Of the determination of the State Of
Maine to support the land agent and bis party, in
the performance Of their duty and the same deter
mipation for the execution Of which provision is
made by the resolution Of the State Legislature is
communicated by the Governor to the General Gov
eminent
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 sim
liar demand upon the Government of the United
States, proceed upon the assumption than an a.
greement exists between the two nations conceding
Great Britain. until the final settlement of the
boundary question, exclusive possession Of and iu-
risdiction over the territory in dispute. The i'm
portant bearing which such an agreement, if it ex-
isted would have upon the condition and interests
Of the parties, and the influence it might have up
the adjustment of the dispute, are too obvious
to allow the error upon which this assumption
seems to to pass for moment without correc-
ton. The answer of tho Secretary OF State to Mr.
Foxs note, will show the ground taken by the
Government of the United States upon this point.
1t is believed that all the correspondence which hn
passed between the two Governments upon this
subject has already been communicated 10 Con-
gress, and is their files. An abstract of it.
however, hastily prepared, accompanies this COM
munication. 1t is possible that in thus abridging
volumnous correspondence, commencing in 1925
and continuing To very recent period, portion
may have been accidentally overlooked-but it is
believed that nothing has taken place which would
materially change the aspect of the question as
therein presented Instead of sustaining the as
sumption of the British functionaries that cores
pondence disproves the existence of any such a.
greement. 1t shows that the two Governments
have differed not only in regard to the main qtes-
ton OF title to the territory In dispute, but with
reference also to the right Of jurisdiction, and the
TACT of the actual exercise of in different portions
thereof. Always aiming at an amcable adjust
nent 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 10 be, in such manner to a"oid
collision, and aay, to the greatest practicable
tent the excitement likely to grow out of the con-
troversy. 1t was in pursuance of such an under
standing that Maine and Massachusetts, upon the
remonstrance OF Great Britain, desisted from ma
king sales of lands and the General Government
from the construction of projected military road
to have enjoyed the exclusive possession--and HAT
Great Britain, on her part in Difference to SINH
lar remonstrance from the United States suspend
ed the issue of licenses to cut timber in the terrific
ny in controversy, and also the survey and loca-
ton of railroad through u section of country over
which she claimed to have exclusive iurisdic-
ton.
The State Of Maine had right to arrest the de-
predations complained of; it belonged TO her to
Judge of the exigency of the occasion calling for
her interference; and it is presumed that had the
Lieut.. Governor of New Brunswick been 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 to
force. Each party claiming right to the territory
and hence to the exclusive jurisdiction it, il is
manifest that, to prevent the destruction Of the tim
Der by tresspassers acting against the authority of
both, and at the tine TO avoid forcible coils
ion between the contiguous Governments during
the tendency OF negotiations concerning the title
resort must be had to the mutual exercise Of iurs-
dlction in such extreme cases, to amicable and
arrangement as to the limits within
which it should be exercised by euch parry. The
understanding supposed to exist between the United
States and Great Britain has been found hereto
tore sufficient Tor that purpose, and | believe will
prove so hereafter, It the parties the frontier di-
recty interested IN the question: are respectively
governed by just spirit of Cancellation and forbear-
ance 1t it shall be found, there is now no rea.
son to appreheud that there is. in the modes of
constructing that understanding by the two Govern
ments, difference not to be reconciled | shall not
hesitate TO propose to her Britanic Majesty's Go
vernment distinct arrangement for the temporary
and mutual exercise Of jurisdiction by means of
which similar difficulties may in future be preven-
ted.
But between an effort on the part of Maine to
preserve the property in dispute from destruction
oy lhtrnders, ard military occupation BY that
State ct the territory with view to hold it bv force
while the settlement is a subject CT negotiation be-
TWEEN the two Governments, there i, an essential
difference rs we'll in respect to the position of the
State, as TO the duties of the General Government.
In letter addressed by the Secretary of State to
the Governor of Maine, on the lst of March last
giving detailed statement of the steps which had
been taken by the Federal Government to bring the
controversy TO termination, and designed to APP
prize the Governor OF that State of tho views of the
Federal Executive IN respect TO the future, it was
stated, that while the obligations of the Federal
Government to do all in its power to effect the set
tlement ct The boundary question were fully recog.
n'zed, II mad, III the event OF being unable do so
specifically by mutual consent no other means 10 ac
complIsh that object amicabIy, than bv another ar.
bitraton and that, in the event of all other meas
ures failing. the President world feel it his duty TO
submit another proposition to the Government of
Treat Britain, TO refer the decision of the question
10 third Power. These are still my views upon
the subject and until this step shall have been ta
taken, cannot think it proper to invoke the at
tentlon OF Congress to other than amicable means
Ior tue settlement of the controversy, or to cause
the military power of the Federal Government to
be brought in aid of the State of Maine in any at
tempt to effect that object by a resort to force.
On The other hand, if the authorities of New
Brunswick should attempt to enforce the claim of
exclusive Jurisdiction set up by them, by means of
a military occupation on their part of the disputed
territory, shall feel myself bound consider the
contingency provided by the Constitution as having
occurred on the happening of which State has tho
right TO call for aid of the Federal Government to
repel invasion.
have expressed to the British Minister near
TINS Government a confident expectation that the
agents "t the State of Maine, who have been nrres-