The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1840-03-31
Hon. JOHN FORSYTH, &c.
Mr., Forsyth 10 Mr.. For,
DEPARTMENT OF STATE,
tlf..k...tz.. h.k Or \

Washington. March 25, 1910.
The undersigned, Secretary Of State Of the United
States, acknowledges 10 have received Mr. Foxs com
munication Of the 18th instant reference the boun
Diary negotiation and the affairs Of the disputed territory
The information given in the closing par, Of it. that
reply the last proposition OF the United States upon
the subject Of the boundary may be expected IN short
time, highly gratifying TO the President, who has,
however gwen directions TO the undersigned IN making
this acknowledgment TO accompany 1t with the express
sion Of his profound regret that Mr. Foxs note is IN no
other respect satisfactory.
After the arrangements which, 10 the beginning Of
last year, entered into the part OF the Co
with regard 10 the Occupation Of the dis
pued territory, the President had INDUCED the hope that
the causes Of irritation which had grown Of this
branch Of the subject could have been removed Rely
ing the disposition Of Maine to cooperate with the
Federal Government IN all that could lead to pacific
adjustment OF the principal question: the President fell
confident that his determination to maintain order and
peace the border woud be fully carried out. He
looked upon all apprehensions Of designs by the people
Of Maine TO take possession Of the territory, as without
adequate foundation dectping II Improbable that ON the
of amcable adjustment OF the question, any por
ton Of the American people would without cause and
without object leopard the success OF the negotiation
and endauger the peace OF the country troublesome,
irritating and comparatively nnimporiant because SUI
bordnale, subject, being thus disposed Of the President
hoped that the parties would be lett free at to dis
and finally ADJUST the principal question In this
he has been disappointed. While the proceedings OF
her Malestys Government at home have been attended
with unlocked for delays, its attention have been d-
vered from the great subject controversy 10y repeated
complaints, mputng to portion Of the people of the
United States designs to violate The engagements Of
their Government; designs which have never been en-
tertaIned and which Mr. Fox knows would receive no
counenance from this government.
il TO be regretted that at this late hour, much
msapprchenson still exists the side OF the British
Government, 10 the object and obvious meaning Of
The existing arrangements respecting the disputed ter
rtory The i'll success which appeals have attended
the efforts made by the undersigned TO convey, through
Mr. Fox TO her Majestys Government, correct
impressions respecting them, calls for to
the subject aud brief review Of the correspondence
which has grown out of it, may tend TO remove the
erroneous views which prevail, as TO the manner IN
which the terms OF the arrangements referred to have
been observed.
As Mr. Eox had no authority to make any agreement
respecting the exercise of jurisdiction the disputed
territory, that between him and the Undersigned OF the
9th OF February, 1899, had for It's object some pro-
vsona arrangement for the restoration end preservation
Of peace 10 the Territory To accomplish this object,
1t provided that her Maestys officers should seek TO
expe by military force the armed party which had been
sent by Maine into tue district bordering on the Res
took river and that, the other baud, the Govern
rnent of Maine would voluntarily, and without needless
delay. withdraw beyond the bounds of the disputed
territory any armed force then within them. Besides
Of notorious Iespassers, and the protection of public
property from depreciation. In case future necessity
should for his the operation was TO be conducted
by concert jointly separately, according to agree
ment between the Government OF Name and New
Brunswick
In this last mentioned respect the agreement look
ed to some further arrangement between Maine and
New Brunswick. Through the agency OF General
Scott one was agreed To-, on The 23d and 18th Of
March following by which Sir John Harvey bound
m soII IN god 4,
that effect from his Government, TO take military
possession OF the Territory, or 10 repei from IL by
military force The armed civil posse or The troops OF
Maine. On the part OF Maine il was agreed by her
Governor that attempt should be made without re-
newed instructions from the Legislature, 10 disturb
the Madawaska settlements, or interrupt The usual
communications between that and the upper provin-
ces As TO session and jurisdiction, they were 10
remain unchanged, each party holding, in fact, pos
sess Of part ot the disputed territory but each
denying the right OF the other 10 do With that
understanding, Maine was, without unnecessary de-
Law 10 withdraw her military force, leaving only,
under and agent, small civil posse armed or IN
armed Ia protect The timber recently cut and 10
prevent further depredaons
In the complaints Of nfracons Of the agreements Of
the State Of Name addressed TO the Undersigned Mr.
Fox has assumed two positions, which are not autho-
rzed by the terms OF those agreements ls admitting
the right OF Maine TO MAINTAIN civil posse In the dis
puted territory for the purposes stated the agreement
he does with the restriction that the action OF the
posse was to be confined within certain limits and I'd,
by making the advance Of The Maine posse the val
ley OF the Upper ST. john the ground OF his complaint
/ of encroachment upon the Madawaska settlement, he
extend the limits Of that settlement beyond
those It occupied at the date of the agreement.
The United States acquesce either Of these
| positions.
la the first place, nothing is found in the agreement
subscribed to by Governor Farhed aud Sir John Hir-
vey, defining any limits the disputed territory with
/ n ,yh he If
10 be crcumscrlbed, The task OF preserving the tim
Der recently cut and OF preventing further depredatons
wRhia the disputed territory, assigned 10 the State
of Maine after her military force should have been with
drawn from II and IL was 10 be accomplished by CT
wi posse, armed or unarmed which TO continue IN
the territory, and TO operate IN every part OF 1t where
It's agency might be required to protect the timber al
ready cut and prevent further depredatons without any
limitation whatever, or airy restrictions, except such
might be construed into an attempt TO disturb by
the Province of New Brunswick in her possession OF
the Mddawaska settlement, interrupt the usual
munlcatlon between the Provinces 1t thus in the
exercise OF alegtmate right aud Ia the Conscientious
discharge oil an obligation imposed upon her by
lemn compact that the State Of Maine has done those
acts which have gwen rise 10 complaints for which
adequate cause is perceived The undersigned feels
couhdent that when those acts shall have been eousi
dered by her Maestys Goyernmen, at home as explain
ed ia his note to N Fox, Of the Oath OF December last
aud ~ connection with The foregoing remarks they will
no longer be viewed calculated excite the appre.
tensions Of her MaDess Government that the falh OF
eust arrangements Is to be broken the part OF the
Unlted States.
With regard to the ,second position assumed by Mr.
Fox, that the advance OF the Maine posse along the
valley Of the Restook to the mouth of Fish RIVER AID
INTO the valley Of The Upper ST John, is al vansnce
with the terms and spirit Of the agreemeutsthe On
dersigued mast observe that Il at with any Of
tueir provisions, could only be with those which
cure her Msesty's Province OF New Brunswick against
aay attempt disturb the possession OF the Madawaska