Lincoln telegraph., 1839-03-21


and interests ofthe parties. and the inhu-
ence il might have upon the adjustment OF
the dispute, are too obvious to allow the
error upon which this assumption seems to
rest, to pass for a moment sesthom coTrec-
tionn In alluding TO the correspondence
between the governments upon this subject
he says further--"I Instead of sustaining the
assumption of The British lunctionaries,
that correspondence disprooes thd exssfence
of any such agreement
Mr. Forsyth, Secretary of State, in his
reply 10 a letter of Mr Fox, in " hich this
alleged agreement was again put forth,
under date Of the 25th uls. says, $50 far
from any relinquishment ofright of jurs-
diction having been made, or any agree-
ment, either expressed or implied, entered
into on the pait of The government of the
United States, ofthe nature alleged by the
1t Governor Of New Brunswick, and az
firmed also in your note Of the esd inst il
will appear from the whole course of the
correspondence between the two govern
ments, extending through series of years,
that tha. Of the United States has through
out, and on frequent occasions protested
as well against the existence of the right to
the exclusive possession and jurisdiction,
as to the exercise thereof: and has upon
every public occasion asserted that both
belonged to Maine and the United States.
This would seem to be enough to settle
this question, now and forever. No such
agreement has ever been made. On the
contrary, the right of possession and juris-
diction has always been, and is now, as
serted by the General Government to be in
Maine. But if It had been otherwise, and
the Government of the United States had
agreed that the British Government should
have exclusive jurisdiction and possession
of this territory, which it acknowledges to
be ours, would il have been binding upon
Maine Clearly not. The respective
States of the Union are sovereign and IN
dependent, except so far as that sovereign
ty has been restrained or modified by the
; Constitution Of the United States. The
General Government is one of limited and
defined powers The power to ALLEVIATE
the territory Of State, or TO transfer a
portion oft, or the jurisdiction and posses
sion Of il, to foreign power, for an indefi-
mite period Of for one hour, IS no where
granted. An assumption Of such power
son the part Of the General Government, it
is believed, would always meet the stern
and incorporating opposition of this
State. But without intending probably TO
assert any such power, it seems there has
been an understanding between the Cen
eral Government and that Of Great Britain,
amounting perhaps on our side, TO a re-
commendationt the State Of Maine, rather
than 10 a contract by which she would be
conclusiyey bound What are the terms
fthat Understanding" which has beer
the prolific source of SO much misunder-
standing Clearly these, and no more
that during the pendency OF the question:,
the two parties should exercise jurisdiction
as they had respectively been accustomed
to exercise it. Now, over tho territory
south of the ST. John, especially that part
oft watered by the Aroostook aud its trib-
utary streams, Massachusetts and Maine
have always had exclusive jurisdiction. as
early as 1898, large tract, say two mil
lion acres, were surveyed and located by
agents Of Massachusetts, under bargain
and contemplated grant to jackson and
Flint This tract embraced large part
ofthe Aroostook territory, and extended to
the river St. John. For some reason or
other, believed to be the inability Of The
purchasers to pay the consideration, no
grant was ever actually made. In 1906
and 1907, grants Of large tracts, lying upon
both sides Of the Aroostook, were made by
Massachusetts to the town of Plymouth
and General Eaton, which have ever since
been held by them and their grantees.
Soon after the separation OF Maine and
Massachusetts, these lands, extending
nearly to the ST. John, on the South, were
surveyed, and some of them divided, and
held in severalty by the two States. For
several years, commencing as early as 49,
81, agents were sent to the Aroostook BY
the Governor of Maine, for the purpose Of
arresting trespassers upon the public lands.
In 1921, Benjamin j. Porter, Esq was
sent to that territory by Gov. King, for
this purpose. Mr. Porter took the city of St
.John and Fredericton in his way, and
consulted with Mr. Attorney General Wet
more upon the subject Of punishing British
subjects, for their intrusion upon our terri.
tory. The Attorney General said, "thc
Government of New Brunswick would un-
quesiiouabIy render every possible facility
to punish the Offenders as they had suffered
greatly in that Province TN B. by such
lawless pilagers y This is the language
of Mr. Porter, taken from his report, made
July, 1921, and now on file in the Office Of
the Secretary of State.
Mr Porter proceeded to the scene of
depredation upon the Aroostools, broke up