Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1840-04-07


81 ~ Bnilsh Government. a. 10 TIE object
sn5 obuoss u,caning al the oIaSl3ag arrange
meats frtpcctiag the disputed iofulofy Tho
III sscoess which appears b. hsvc sitcuded the
.acrs mate 10y tho snicrs gael ~ convey.
tlreseh mr.. Fox 10 her msjcsiy Government
snore couef ca pfessions respecting them calls
~ . recurrence 80 the s0igr e, and brici ~
rsr~ a. styr coricslonaence Wihch has grown
&C elsL may tend 10 tcnoyo tic cuoac1us
sseSA which prevail. - 10 Ne manner in which
tAe terms II TIE st,angc meats referred - have
bccn observed
As mt. fos had no Authority 10 make any
agreement teS,rcllng the exercises 1T junsdir-
is@s oeet ,he di-gfci TERRITORY. that briwcoa
HIM and .ho undersigned, ol the gsIii February
issS. Ind io' Us otie,i S1mo provisional ar
tangemeai ipf The restoration and preservation
Of peace ~ The territory. To accomplish this
object. u provided that her maicsiy's officers
should Do' seek u orpcl. by military force, the
stIsed party which bad been sen, by Maine in
10 The dis,nei eordeuog on the Rcs,ook river
and that, on ,bo other hand, the Government
OF Name would voluntarily. aud without need
less delay, withdraw beyond the bounds Of the
disputed territory any armed force then with
" them. Beside this. the arrangement had
ohjccis-thc dispersion Of notorious wespass-
ers. aud the protection Of public property from
depreciation. IN case future necessity should
arise fof THIS. tho operation was 10 bc conduct
ed by concert, ,ointiy or separately, according
10 agteemcn, between the Government of Me.
and New Brunswick.
In this las, mentioned respect the agreement
hoked tossofse further arrangement between
Maine fhd New Brunswick Through the 9.
yency Of Gcn. Scott, ono was agreed to- on tie
.Jd and s5lh OF Mach following. by which
Il
without ronc sed instructions TO that effect
from his government, 10 take military possess
ion OF the Territory, or 10 rcpel from 1t by mil
liary force the armed ci,il posse or The troops
OF Maine On the part OF Maize, il was a
greed by her Governor that no attempt should
be made without renewed instructions from
the Legislature, 20 disturb by arms the prov
ince of New Brunswick 10 the possession of
thcMadawsska settlements, or interrupt the u
sual communications between tina, and the up
per provinces.
As 10 possession and jurisdiction, they were
to remain unchanged, each patty holding in
fact, possession OF the disputed territory, but
each denying the right ofihc other 10 do so.--
With that understanding, Maine was, without
unnecessarily delay. 10 Withdraw her military
force, leaving only, under land agent a small
civil posse, armed or unarme1, TO protect the
timber recently cut, and 10 prevent further de-
predaions.
In tho complaints Of infrac,ons of the a
grcemen,s Of the state of Maine, addressed 10
the undersigned, mr.. Fox has assumed two
positions, which are not authorized by the
terms OF those agreements lst, admitting the
right OF Maine 10 maintain civil posse in the
disputed territory, for the purposes stated in
llp agreement he does so with restriction that
the action OF the posse was 10 be confined with.
in certain limits and %, by mixing the adj
vance Of the Maine posse into the valley ofihe
Upper ~. John, the ground OF this complaint
OF encroaohment upon the Madawaska settle
meni beyond those It occupied a, the date of
she agreement.
The United States cannot acquiecsc ia ei-
ther Of these positions.
In the frs, place, nothing is found in the a.
erecmcn, subscribed IN by Coy. Fairfield and
Sir John Harvey defining any limits IN the
disputed territory within which the operations
OF the civil posse OF Maine were TO be crcum.
scubed. The task OF preserving the timber
recently cut, and OF preventing further dcpre-
datieas rithIR the disputed territory, was as.
signed 10 the state Of Maine after her military
force should have been Withdrawn from il
and II was 10 be accomplished by civil pos
sc, armed or unarmei, which was 10 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 prevent fur
thar depreiations without any Limitation what
ever, or any restrictions, excep, such as nigh,
ba construed into an attempt To disturb BIZ arms
the Province OF New Brunswick in her DOS
session Of the Madawaska seiilomcal, or in.
fcrrupl the usual communication between the
Provinces. |, is thus IN the exercise Of le-
gitims,e right, andihe conscientious discharge
Of an obligation imposed upon her by solemn
compact, that The State Of Maine has done
those acts which have gwen rise TO complaints
for which no adequate cause Is perceived -
The undersigned feels confident that when
those acts shall have been considered by her
malesy's Government at home, as explained
90 mr. Fox in his notes OF the 2ilh Of Dccem
Der last, and 10 connection with the foregoing
remarks, they will no longer be viewed as cal
.sniaisd to excite the apprehenslons OF her ma
,os,ys Government that ihe faith OF existing
arrangements is 10 be broken on the part OF
the IT, Sisiss
With regard TO the second position assumed
nv mT. Fox, that she advance OF the Name
posse along the valley OF the Restook TO the
Inoyih OF fish river, and into the valley OF the
Upper 81. John, Is at variance with tho terms
aud spirit 81 the agreemenis-the undersigned
must observe that u al variance with any of
their provisions, Il could oaly lie with those
winch secure ier Msjesiy's provinoe OF New
Brunswick against ny alieHlN " disturb tie
E,ossessions Of ~ dan sska sotileneat, and
10 interrupt the..u ssal Communications between
New Brunswick aid the upper Provinces.
The agreement could only have fel renee To
the Madavaska srtiirments a. confined With
IN their actual limits at the usne IL was sub
sc,ibed The Undersig sed. an hs note Of The
2s1h OF Dee last, stated the teasoaS why the
mouth Of Fish River and ti,e Posiioa al the