North American. [volume] (Swanton, Vt.) 1839-1841, 1840-02-12
I722


the civil so,hoilly exclusively, Of The rx-
etcise Of sll powrf and jurisdiction. With
that view, Under ibe hrsi mentioned ol
those agreements, IL was only 10 case oil
necessiiy Tor dispensing notorious ifespass-
era. OF protecting public property iron
depreciation, that armed force was 10 be
employed on either aide. ard then the up
GRAFTON was 10 be conducted By concert,
losnily of separately, according to The a.
erecmcnt between she Governments OF
Maine and New Brunswick. The Other
was the result of The contemplated soon
erstp between tic Government u Maine
and New Brunswck was intended 10 ca'-
nv oul the object of the FIRST, eontidinc 10
the State Of Maine the duty Of protecting
the timber recently cut, aud of preventing
further Expectations, and prescribed that
these objects were 10 be accomplished
through the agency of civil posse. Accord
ineiy, the Gov. Of Maine engaged 10 with
draw, without unnecessary delay, the mill
,ary force of the State. Without regard,
therefore, Ia the limits within which ei.
Their party had before exercised jurisdiction,
resort TO mililafy force, for any purpose
whatever, was inieTdicted 10 both parties.
With reference 10 the extent OF territory
within which each party was 10 continue to
exercise jurisdiction, the first agreement
left the question of right where II had be-
fore stood, and only exposed the confiIc-
ling understanding Of that question by the
Governments Of The United States and
Great Britain respectively. The agree
mcnt between Governor Fairfield and Sin
John Harvey provided, likewise, that the
question OF possession and jurisdiction should
remain as il then stood bat stated where
1T stood, by providing that Great Britain
was 10 continue holding in fact, possession
OF a part Of the territory, meaning that
part embraced in the Madawaska settle
ments, in The occupancy Of which, as well
as in the enjoyment ef the usual commn-
nicalions between New Brunswick aud her
Msiesty's upper provinces, the Governor
OF Maine disclaimed all intentions OF dstur- |
bing the British authorities. Beyond the
Madawaska settlements, therefore, circum-
scribed by the limits within witch they stood
nj the date OF the agreement, the United
States cannot, under the terms oi"thai
agreement, recognize in the British auihorl-
ties the right Of extending jurisdiction,
much less that Of forming any military es-
Establishments beyond or within them; and
those, consequently, (which formed The sub
ject of the representations in the note OF
Inc Undersigned or tnV 9th oi Dsrenrhrr.
pushed, as they are alleged 10 have been,
into tracts ~ country lar beyond any ac-
know ledged limits Of those settlements, and
wholly unconnected with them cannot be
viewed IN any other light than bold nfrac-
ton OF existing arrangements. That snch
is just view Of the agreements, cannot be
disputed by Great Britain as her MaIesiy'S
Government has adopted and acted upon it,
In the note of Mr.. Fox complaining of the
eneroachments on the part oi Maine, and
OF an armed occupation Of part OF the dis
puied territory BY the State, both are trea-
ted as Inconsistent with existing arrange {
menis, and it is presumed her Malesiy'sI I
Government viii not attempt 10 apply one
rule OF construction 10 defend the military {
movements of its colonial authorities, and T
another TO sustain complaints against the 6
State Government, for acts which are not (
ounded upon any apprehended necessity q
II the use OF a regular military force Tor il
offensive or defensive purposes. Nor can n
I be imagined that il will be contended that n
hose arrangements are not perfectly recip- o
'ocal, or that there is any difference in the I q
character and the extent of the jurisdiction r.
% be exercised by Great Britain in one por- a
ion, and that by the State Of Maine, or the i,
United States in the other portion, OF the e
disputed territory, comprehended within q
he temporary arrangement made 10 pre- n
eve tranquility in both, and guard against b
my hostile collision between the State and Il
olonial governments. ii
The undersigned having laid Mr.. Fox's al
ote before the President, is instructed 10 IA
tate to him, that no reason is perceived y,
D. doubling the deposition Of the Govern ST
. OF Maine scrupulously TO adhere to the II
pirt Of the existing arrangements, and 10 NJ
void all acts tending TO render more diff at
alt and distant the final adjustment of the VI
iain question Of boundary between The an
To countries; but, in repeating assuran- n
es OF the readiness of the Uuited States
Government 10 contribute, by all means in ali
. power, To an amicahle termination oI 10
he difference, the undersigned is bound 10 ST
eelare that persistence in, or a repeii- hi
on OF, such acts, on the part oi her ma in
sty's agent, as those now complained Of. III
'ould IL avowed by Great Britain, be con- pr
dered as but little 10 accordance with ed
lose assurances. Tor
The undersigned avsils himself Of this sal
;easion to renew TO Mr.. Fox the express NO
on OF this distinguished consideration. de-
IN