North American. [volume] (Swanton, Vt.) 1839-1841, 1840-04-08
APRIIs

posse IN the disputed territa,v -. q
pose stated IN the sgreemebt Nt@
win The restriction thar IA. " e'at
posse was 10 be confined ;aeoa
limits; and I'd, by making he :. 'rss
me Name posse into the valsv ~ ne
81. John, the ground of The -. W lGr
encroachment upon the Madsv ~ tsts
menls, lac assumes to extend u''s Fee
that settlement beyond those # o "a u
al the date Of The agreemrp, 0eevs
The United States ,eanpo, ,,a.
either OF these positions. fDf'''
In the first place, nothing i. =,
the agreement subscribed 10 b. r. ''at
Fairfield and Sir John Have og''''e
any limits in the disputed tetri, -, ash'a'i
which The operations of the ci,s '8si
Maine Were To be circum.r,n zoe
task ofpreserving The timber re ,,,u. u
and OF preventing further den! 'ar
'eith'n NE disputed territory ws '' van.
10 the State Of Maine after ba "' sssg'e
force should have been witbdrsw, Gai''
and il was to be accomplished h. "on
posse, armed or unarmed, which &C. u
continue in the territory. and 10 o.. y"
every part Of II where lis agency a o,,I'
required TO protect the timber ,t"S
and to prevent further depredn,ore VI
out any limitation whatever: Or ,,s VIC
stHciions, except such as micht \!
straed into an attempt to disturb h,
the Province Of New Brunswict ."
possession OF Madawaska se,tIen,,, = ~. ~
terrupt the usual communication be,v...
the Provinces. II is thus in the e,s ~1'
OF legitimate right, and in the cor,.','
tIous discharge Of an obligation jn,o..
upon her by solemn COMPACT tb,, d"
State Of Maine has done those acts ,.l.'
have given rise TO complaints for wbie, ~
adequate cause is perceived. The rs}.,
signed feels confident that when those AZ,
shall have been considered by her Maes,,,'
Government at home, as expIaiDed IN 4,
note to Mr.. Fox, Of the 24th Of DectpS,,
last and in connection with the fotecor,
remarks they will no longer be viewed !,
calculated to excite the apprehension
her Majesty's Government that the Rah
OF existing arrangements is 10 be broke,
on the part OF the United States.
With regard to the second pox,iopr
sumed by Mr.. Fox that the advance Of
the Name posse along the valley Of II,
Restook to the mouth Of Fish River. srj
into the valley Of the Upper st. john
at variance with the terms and snirllof
the agreemenis-the undersigned must d.
serve that il at variance with any Of then
provisions, il could only be with lbos
which secure her Ma,esty's Proyinceor
new Brunswick against any attempt 10 dis.
arb The possession Of the Madawasta set.
lement, and 10 interrupt the usual CON.
nunications between New Brunswick and
ne Upper Provinces. The agreement
could only have reference to the Madawss
IA settlements as confined within lhel
tctual limits at the time it was subscribed
he undersigned in his note Of the 9Ah
# December last stated the reasons why
he mouth Of Fish River and the portion
Il The valley of the St. John through
which it passes could in no proper sense be
onsidered as embraced in the Madawasks
ettlement.
Were the United States to admit the
retentions set up on the part Of Great
'rllain 10 give to the madawaska settle
rents degree Of constructive exten,lon
hat might, at this time, suit The purpost'
I her Ma esty's colonial authorities those
ettIements might soon be made, with Ike
lstlce, 10 embrace any portions OF the
isputed territory and the right given to
ne Province Of New Brunswick TO ocerpy
1em temporarily and for special purpose
light be inference quite as plausible, give
ne jurisdiction exercised by her MaJeS'ys
uthorities an extent which would Tendef
lie present state Of the question, so long
) it could be maintained, equivalent 10
ecision on the merits Of the whole conlIo-
ersy in favor of Great Britain. II me
nall settlement at Madawaska on the
orth side Of the ST. Johns means lhe
hole valley Of that rivera boom scro's
lie Fish river, and a station OF Smal
Osse on the south side OF the st. Jonh'
the mouth Of Fish river is disturbance
that settlement which is twenty-five
lies below, within the meaning oil ihe
greement, it is difficult 10 conceive tha1
lere are any limitations to the pretenllons
her Majesty's government under H. o
DIV the State Of Maine could exercise TIE
Teventive power with regard TO uespa's'
IS, which was, on her part, the great op-
ct Of the temporary arrangement. nc
ovements Of British troops, lately VIZ
ssseG in the disputed territory and lu'
ection Of military works for their p'o'eo-
on and accommodation, of which aulheh,
. in lnrrnnair.r. rnnns,hlrr rnnafrPd ai W.