The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1840-04-07


vey bound himself not to seek, without renewed
instructions to that effect from his Government, to
take military possession Of the Territory, or tc
repeI from ii by military force the armed civil pos
sc, or the troops If Maine. On the part OF Maine
| it agreed by her Governor that uttemp
| should be made without renewed instructions from
the Legislature 10 disturb by arms the province o
I New Brunswick in the possession of Madawaski
settlements, or interrupt the usual communications
between that and the upper province AS to pos
session and jurisdiction, they were TO remain I'M
changed, each party holding, in fact, possession o
pant Of the disputed Territory, but each denying
! tho right OF the other to do sp.-Wlth that under
standing, Maine was, without unnecessary delay
10 withdraw her military force, leaving only, nm
der Il land agent, small civl! posse armed or I'M
armed, to pt0:ect the timber recently cut, and tC
prevent further depredatons. In the complaints
| of inlracllons OF the agreements of the State Of
| Maine, addressed to the undersigned, Mr. Fox has
assumed two positions, which are not authorized
bV tho terms of those agreements: LIST, admitting
the right OF Maine to maintain n civil posse IN the
disputed territory Tor the purposes stated in the a
grecment he does so with the restriction that the
action Of the posse was 10 be confined within Ger
tain limits; and I'd, by making the advance OF the
Maine posss into the valley of the Upper st. John
the ground of his complaint Of eEcroactment, upon
the Maruwaska setem ent, he assumes to extend
the limits of the settlement beyond those 1t
pied at the date of the agreement
The United States cannot acqulcsce III either o
these positions
In the first place, nothing is found in the agree
Tnent subscribed 10 10y Governor EalrnCld and Sii
John Harvey defining nny limits in the disputed
territory within which the operations of the civil
posse of Maine were to be circumscribed. The
task Of preserving the timber recentlV cut, and
prev enng further depredatons aoithin thG diSpu.
ted Territory, gned to the State of Name
| after military force should have been withdrawn
| from it; and it was to be ccompished by a civil
posse, armed or unarmed, which to continue
in the territory, and to operate in every part Of il
where its agency might be required to protect the
timber already cut and to prevent further depreda
| tons, without any Limitations whatever, or any
restr ctons, except such might be constructed
into an at:emps to disturb by arms the province oil
New Brunswick in heI possession of the Nj ada
waska settlement, or interrupt the usual cominu
nication If the Provinces 1t is thus in the sxer
else OF legitimate right, and in the concent ous
discharge of an obligation imposed upon her by
solemn compact thai the State of Maine has done
those acts which have given rise to complaints fol
which no adequate cluse Is perceived. The un
dersigued feels confident, whcD those acts sia
have been considered by her Mojestv's Govern
ment at home, us explained in his note TO MIR. Fox
of the 24Ih Of December last and in connection
with The foregoing remarks, they will no longer be
viewed Us calculated to excite the apprehension U
her Majesty 5 government that the faith Of existin.
ARRANGEMENTS IS TO be broken the part of the Uni
! ted States.
| With regard 10 the second position assumed b,
| vi r. Fox, that The advance Of the Maine poss,
along the valley Of tho Restool 10 the mouth O
| Fish River, and into tho valley Of HE Upper 5;
John, is at variance with the terms and spirit O
| lne aSreeuenlS-tne undersigned must observe
that it is at Varience with any of their provisions,
! could only be with those VIII iclI her Mai
esty's Province Of New Brunswick against am
attempt to disturb the possession OF the Maduwa ask
settlements and 10 interrupt the usual communca
tons between New Brunswick and the Uppe
Provinces The agreement could only have refer
ence to the Madawaska settlements as confined
| within the actual limits at the time 1t subscri
bed, The undersig ned, in his mole of the 2lth o
December last, stated the reusons why the moutI
Of Fish River and the portion of st John throug
| which it passes, could in no proper sense be con
sidered as embraced in the Madawasia settlements
Were the United States to admit the pretcnilons sc
up the part of Great Britain, to give TO the ad
awaska settlements degree of constructive exten
sion tina! might, at ths time, suit the purposes Z
her Majesty's colonial authorities those settle
ments might soon he made, with like justice, /
embrace any portions Of The disputed territory
ami the right given to the Province of New Bruins
4 wick to occupy them temporarily and foI specia
purpose might, by inference qsito plausible
give the jurisdiction exercised by her Majesty
authorizes an extent which would render he pres
ent stat" Il the question, long it could b
maintained, equivalent to decision the merit
OF the whole controversy in favour of Great Britain
1t the small settlement ut Madaw aska the mort
side of the st. Johns means the whole valley {
that river-if Il boom across the Fish river, and
station OF a small posse on the south side ofthe s.
Johns at the mouth OF Fish river is disturbance
that settlement, which is twenty five miles below
within the meaning Of the agreement it is Difficult
to conceive that there are any limitations to tn
|p'elehlibHS oi ileT under u
or how the State cf Maine could exercise the pre-
: tentative power with regard to trespassers, whic
was, on her part, the great object the temporar
arrangement. The movement of British troops
lately witnessed in the disputed territory, and tn
erection OF iIiiary works for their protection
acc ommodstion, of which authentic information, re
Gently received at the Department of State, ha
been communicated to Mr.. Fox, impart "A still CAV
er aspect to the matter Immediately under cons
Grafton. The fact of those military operations, @
tablish beyond doubt left unex planned, or unsati
factorY accounted for, by Mr. Fox's note ofthe III
instant, continues abiding Of complaint oil
the part of The United States against her Majesty
colonial agents, inconsistent, with arrangements
VIII se main object to dnvest question, abroad
sufficiently perplexed and complicated, from sue
- em5arrassments as those with which tho procee
ings Of the British authorities cannot fax 10 su
round it.
If, as Mr. Fox must admit, the ects of tho lat
agreements were The removal of all military fore
and the preservation of property from further spo
atoms, leaving the possession and jurisdiction a
they stood before the State of Maine found ltsc
compelled TO act against trespassers, the Presiden
cannot but consider that the conduct of the Amer
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