Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-04-01

In the frat place, nothing is found in the agree
meat subscribed to by Governor Fairfield and Sir
John Harvey, defining any limits in the disputed
territory within which the operations of the civil pos
Sc OF Maine wer, TO be circumscribed The task Of
preserving the tmber recently cut and Of prevent
ing further depredaiens within the disputed terrific.
ry, was assigned to the State OF Maine aerher mill
tary force should have been withdrawn from il; and
II was TO be accomplished by civil posse, armed or
unarned, which was To continue in the territory, and
TO operate ~ every part Of it where its agency might
be required TO protect the timber all eady cut and
prevent farther depredstons without any limitation
Whatever or any res rctions except such as might
be construed into an attempt TO disturb by arms the
PROVINCE 81 New Brunswick IN her possession OF the
hladawaska settlement, or nterrupt the usual COM
munica,ion between the Provinces. Ii is thus in
the exercise of legitima right, and in the consci
ehtious discharge OF an obligation imposed upon her
by solemn compact, that the State Of Maine has
done those acts which have given rise TO complaints
Tor whica no adequa cause is perceived 1 he un-
dersiened feels confident that when those acts shall
have been considered by Her Majesty Government
at home, as explained in his note Mr. Fox of he
2ith OF Deeumber last, and in connection with the
foregoing remarks they will no longer be viewed
calcuietcd To excite the apprehension of her Males
tvs Government, that the fatn Of existing arrange
ments Is to be broken on The part of the United
States.
With regard to the second position assumed nv
Mr.. Fox, that the advance Of the Maine posse along
the Restook TO the mouth Of Fish river, ard into
the valley oil the upper ST. jobs, is at variance with
the terms and spirit Of the agreements-the under.
signed must observe that If al variance with any of
their provisions, II could only be with those which
secure her Majsstys province of New Brunsw
against any attempt to disturb the possession Of the
Madawaska settlement, and to interrupt the usual
communications between New Brunswick and the
Upper Provinces. The agreement could only have
referred to the Madawaska settlements as confined
within their actual limits a, the me it subs cr
bed The Undersigned, in his note OF the 9th Of
December last, stated the why the mouth of
Fish river and the portion of the valley OF the st.
John through which it passes, could in no proper
ha t1nr a.
settlements. Were the United States to admit the
pretenson set up on tine part of Great Britain, to
give 10 the Madawaska settlements degree Of
structive extension that mi hit at this time, suit the
purposes Of her Najestys colonial authorities those
settlements might soon be made, with like Justice, to
embrace any portions Of the disputed territory; and
the rights gwen TO the province OF New Brunswick
to OCCUPY themtemperary and fora special Irpose,
might, by inference quite plausible, give the jars
diction exercised by her Majesty's authorities an
extent ahich would render the present state of The
question: so loDg as it could be maintained, equiva
lent to decision the merits Of the whole contro
vcrsy in favor Of Great Britain.
III the sna settlement at Nadawaska, on the north
side OF the St Johns, means the whole valley oil that
river If boom the Fish river, and the station
OF small posse the south side of the st Johns at
the mouth Of Fish river disturbance Of tha, settle
meat. which is twenty-five miles below, within the
meaning OF the agreeu cnt, l. is difficult to conceive
thai :n-ra are any limitations to the pretelsp ns
Of Her Msiesty's government under It, or how the
state Of Maine could exercise the preventive power
with regard To trespassers, which was, on her part
the great object Of the temporary arrangement The
movements Of British troops lately witnessed in the
disputed territory, and the ere ton Of military works
for their protection and accomn Odetion, Of which
authentic Information recently received at the De-
paItment Of State, has been communicated 10 Mr.
Fox, mpart still graver aspect TO the matter imne-
diately under consideration The fact OF those mill
tsry operations established beyond doubt, left un-
explained, or ctorily accounted Tor, By Mr.
Fox's note Of the 7th instant, continues abiding
cause Of complaint the part Of the United States
against Her Majesys colonial agents, as inconsst-
ent with arrangements whose main object was tn d.
vtst a question, already sufficiently perplexed and
complicated, from such embarrassments as those
with which The proceedings OF the British authori
ties cannot fail to surround il.
II, as Mr. Fox must admit the objects OF the late
agree ens the removal or military force and
the preservation Of the property from farther spoa
tons leaving the possession and jurisdiction as they
stood before the Sae Of Maine found itself compel
led to agans, the respassers the President can
not hut consider that the conduct OF the American
local authorities strongly ard most favorsbly cen
trasts with that Of the colonial authorities OF her Ma
jesty's Government. While the one. promptly with
drawing its military force, has confined itself TO the
use Of the small posse, armed as agreed upon, and
has done act not necessary to the sccemps hment
OF the conventional objects, every measure taken or
indicated by the other party, is essentially military
in its character, and can be justified only by a
well founded apprehension that hostilties must en-
sue.
With such feelings and convictions, the President
could not see without painful surprise the attempt
OF Mr.. Fox, under instructions from his Government
to give 20 the existing state OF things character not
warranted by the friendly disposition of the Uated
Sta es or the conduct Of the authorities and people Of
Maine-much more is he surprised 10 find IL alleged
as a ground for strengthening military force and
preparing for hostile collision WITH the unarmed
inhabitants of friendly state, pursuing within their
own borders their peaceful occupations, or exering
themselves in compliance with their agreements to
prstect the property in dispute from unauthorized
sfoiistion.
The President wishes that he could disEel the fear
that these dark To- ebodings can be realized Unless
her Majesty Government shall with arrest all
military interference In the questouusiess IL shall
apply TO the subject more dete rmined efforts than
have hitherto been made 60 bring the dispu'e 10 a
certain and pacific adjustment the misfortunes pre-
dicted by MIR. Fox in the name OF his government,
NAV most unfortunately happen. Hut no aPprehen-
sion of the consequences alluded to BY Mr. Fox can
be- permitsd to divert the and people Of
the United States from the performance OF their duy
to the State Of Maine. The duty - as simple ~ Is
imperativs The construction which Is given by
her the treaty Of 1883 his BEEN again and again,
and in the most solemn manner, asserted also BY the
Federal Government and must he maintained, unless
Maine freely consents to- new boundsry,o or unless
that Of the treaty ~ found e. be erro
neous by the decision OF a disinterestcd and indie
tribunal selected by the parties for its final
adjustment The President, on assuming the duties
of his staff n avowed his determination, all other
means of negotiation failing, TO submit proposition
TO the Government Of Great Brtas to refer the deci
sion Of the question once more to tnIrd party.
In all the quent steps which have been taken
up.n the subject by his direction, he has been acIa
ted by the same spirit Ne ther his disposition IN
the matter his opinion as TO the pro riety 81 that
course has undergone any chaRge Should the full
fnent Of his wishes be defeated either by an nnwil