, 1840-04-25

puted territory, for the purposes stated in
the agreement, he does SO with the ~restric.
ton that the action Of the posse was to be
confined within certain limits; and Cd, by
making the advance of the Maine posse into
the valley of the Upper St. John, the ground
OF this complaint OF enc9oachment upon the
Madawaska Settlements assumes TO extend
the limits of that settlement beyond those
it occupied at the date Of the agreement.
The United States cannot acquiesce in
either Of these positions.
In the first place, nothing is found in the
Argument subscribed a2tv Governor Fari.
field &Iu S,r joan Hass,sl lived any linn
its in the disputed territory within which the
operations of the civil posse of Maine were
to be circumscribed. The task of pre-
serving the timber recently cut, and of pre-
venting further depredations within the dis
puted territory, was assigned to the State of
Maine after her military force should have
been Withdrawn from it and it was 10 be
accomplished by a civil posse, armed or I'M
armed, which was TO continue in the terrific
ry, and TO operate in every part of it where
its agency might be required to protect the
timber already cut, and prevent further depre-
dations, without any limitation whatever,
or any restrictions, except such as might be
construed into an IN attempt to disturb by
arms the providce Of New Brunswick in her
possession of the Madawaska settlement, or
interrupt the usual communications between
the Provinces. 1t is thus in the exercise Of
a legislature right, in the conscientious dis
charge of al obligation imposed upon her
by a solemn compact, that the State of MIaine
has done those acts which have given rise To
complaints for which no adequate cause is
perceived. The undersigned feels confident
that when those acts shall have been consid-
cred by her Majesty's Government at home.
as explained in his note TO Mr.. Fox, of the
Gath of December last, and in connection
with the foregoing remarks, they will no long
er be viewed rs calculated to excite the ap-
prehensions Of her Majesty's Government
that The faith Of existing arrangements is to
be broken on The part Of the United States.
With regard TO the second position assum-
ed by MIR. Fox, that the advance of the
Maine posse along the valley Of the Arostook
To the month ef Fish River, and into the valley
OF the uppel 81. .anh, is at variance with
the terms and spirit Of the agreements
the under signed must observe that if at
with any of their provisions, il
could only be with those which secure her
Majes,y's Province Of New Brunswick
against any attempt TO disturb the posses
sion OF the Madawaska settlement, and to in
the usual communications between
New Brunswick and the upper Provinces.
The agreement could only have reference
to the Madawaska settlements as confined
shair actual l,,,,ts - A. .o $780,
The undersigned, in his note
Of the Oath of December last, stated the
why the mouth of Fish river and the
OF the valley OF ST. John through
it passes, could in no proper sense be
considered as embraced in the Madawaska
settlements. Were the United States to
admit the pretention set up on the part of
Great Britain, to give to the Madawaska set
Elements a degree Of constructive extention
might at this time, suit the purposes OF
Ter Majesty's colonial authorities, those set
lements might soon be made, with like JUS +,
ice, TO embrace any portion of the disputed
erritory, and the right given to the Province
II New Brunswick TO occupy them Temporal
lily and for a special purpose might, by infer I
nee quite as plausible, give the jurisdiction /
10 ~ HSi h"JSstS . uutlIOiilicS uu en-
which would tender the present state C
f the question, SO long as it could be main-
aimed, equivalent to a decision on the mer- \
of the whole controversy in favor Of Great e
If the small settlement at NADIA Ii
on the north side of the ST. Johns C
leans the whole valley of that river-if a b
Dom across the Fish River, and a station of P
small posse on the south side of the st. il
ohn's at the mouth of Fish river, is a dis S
lrbance Of that settlement, which is twen- &
miles below, within the meaning Of
lie a%greeament, it is difficult TO conceive
lat there are any limitations to the preten-
ons OF her Majesty's Government under it.,
r how the State Of Maine could exercise the
reventive power with regard to trespasses. E
.hich was, on her part, the great object of p
lie temporary arrangement. The move o.
ent of British troops lately witnessed in tc
lie disputed territory, and the erection Of Il
ilitary works for their protection and ac- 4
'mmodation, of which authentic informa- m
on, recently received at the department Of ell
tate, has been communicated TO Mr.. Eox, a.
lpart a still grave aspect TO the matter i'm 81
under consideration. The fact b,