Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-02-01

culatcd and of the prevalence and consistency OF those
reoorts the L. $. Government are themselves July
aware rcspacting the probable intention OF the Legsia
Of the State OF Maine 10 revoke during It's present
session the provisional agreements now IN force, ana TO
,r,,orizc some new and extensive act Of aggression
over the stipulated territory. And the undersigned
has regretted observe that the language OF the 'io
vernon Of Maine his recent message 10 me e6isa'
turc the opening o. the session, IS - t'
courage rather than 10 restrain such rash ana obnoxious
The undersigned avails himself of this occasion to
ronea 10 the Secretary of State Of the t. s. the assn
rance of his distinguished consideration
a. ..~... ~..-..--,--- --~- -r-''
Mr. Forsyth to M For.
DEPARTMENT OF STATE, !
Washington, Jan. 10, lSi0.
In n note which aIr. Fox, Envoy Extraordinary and
Minister Plenipotcntiary of Great BrItain addressed
on the 18th inst the Undersigned Secretary oil state
of the L. States Mr. Fox, alludng to compliant made
by the undersigned of certain reported movements OF
British troops in portions of the territory III dispute be-
tween tho two countries, dsclams all intention on The
part of the British authorities to cancel or infringe the
terms the proviso, agreement entered INTO al the
ginning Of last yea and this disclaimer IS connected
with an assumption of the right of Great Britain TO
strengthen posts and take measures OF military pre-.
canton. moi along the line only, but within portions
Of the disputed territory as, by the terms oil the agree
mcnts referred to, interference was TO be attempted
pcndinr the negotiation of the boundary question, with
the O BRUSH authority III
Lake Te;nscoua,a, land at other points withtna por-
lion othe territory supposed In be embraced in the terms
the arrangements Mr. Fox having stated that he has
prctrrcd 10 his Government the representations of the
'ncd States against the military movement alluded to,
tho undersrncd under confident cXpcc,aOn that the
matter vii; present itself to the minds o.. her Macstys
Ministers in light different from tha which II is un
derstood bv Mr. Fox would have retralncd from any
further remarks the subject hut in order 10 obvate
the risk of any msapprehenslon as TO the views OF the
n uo1 ntcIt md
assumed b. Mr. Fox with respect TO the import ofthe
existing arrangements would, if admittedly the United
States give to those arrangements scope not autho-
rised hy the language IN which they are expressed,
nor by what is believed to be the intention of the par
ties i is proper that the undersigned should call MIR.
Fox immediate attention TO the express provisions of
the agreement signed by him and The Undersigned and
that which subscribed TO, under the agency OF &C.
neral Scott by the Governor of Maine and the iieute
nant Governor of New Brunswick.
Tn. main object OF these agreements obviously
e the restoration and future maintenance of tranquility
in the disputed territory; and the OF most
" attaining that object, the entire exclusion from lis
limits of all military force TO whichever side belong
ing and the delegation to the civil authority exclusive
H. of the exercise of all power and jurisdiction With
that view under tie last toned of those agreements,
was ONLY Of necessity for dispensing notorious
trcspasser protecting public property from dcpreda-
ton that armed force 10 be employed on either side,
and then the operation was to be conducted by concert
. the Governments Of Maine and New Brunswick. The
other the result OF the contemplated ,G ;D
betwsssn 'bs tS Stale OF Maine the duty of protecting
the timber recently cut and of preventing further de-
precautions, and prescribed that these objects were be
accomplished through the agency of civil posse Ac-
cordngly, the Governor of Maine engaged to withdraw
without unnecessary delay, the military force of the
State. Without regard, therefore, TO the limits within
which either party had before exercised jurisdictions
resort to military force, for any purpose whatever,
nterdIcted TO both parties. With reference to the
tent ofterrItory within which each party continue
10 exercise jurisdiction, the first agreement left the ques
ton of right where il had before stood and only express
ed the conflicting understanding Of that quest By the
\. Governments Of tho United States am, Great Britain
respectively. The agreement between Governor FAIR
field and Sir John Harvey provided likewise that the
question of possession and Jurisdiction should remain
rs il then Stood but stated where it stood BY provd.
ing that Great Britain continue holding in fact
possession Of part of the territory, meaning that part
embraced IN the AladawaSka settlements, in the
pancy OF which, as well in the enjoyment of the usual
communications between New Brunswick and her Ma
IJcstys upper provinces, the Governor Of Maine dis
claimed all intentions Of disturbing the British autlori-
ties. Beyond the Madawaska settlements therefore,
circumscrbed by the limits within which they stood al
the date OF the agreement, the lnitcd States
not, under the terms Of that agreement, recognise
IN the British authorities the right of extending urs-
dIction; much les" that OF, forming any military es-
adjustments beyond wi:;n them; and those,
tons in the note Of the undersigned of the 18th Of
December, pushed. rs they are alleged to have been,
Eto tracts Of country far beyond any acknowlcd red Ii
ts OF those settlements, and wholly uncoEnectcd with
them, cannot be viewed in any other light than bold
Intracton Of existing arrangements. That such is
just view of the agreements cannot be disputed by
Great Britain, if her Maesty's Government has adopt
ed and acted upon it, In the note of Mr. Fox complain
ing OF the cncroachnents the part of Maine and Of
armed occupation Of part Of the disputed territory
by that Stale both
existing arrangements; and it is presumed her Majesty
Government will not attempt apply rule of con
strnction TO defend the military movements of her COLI
NAL authorities, and another to sustain complaints
against the State Government, for acts which are not
founded upon any apprchcndcd necessity of the use of
regular military force for offensive or defensive pur.
poses. Nor i be imagined that ii vii! he contended
That those arrangements not perfectly reciprocal
that there is any difference in The character and the ex.
tent OF the Jurisd;c to he exercised bv Great Britain
IN one portion, and tila BY the Stale OF Maine or the
ned States in the other portion Of the disputed ter
rtorr, comprehended within the temporary arrange
ments made to preserve tranquility in both and guard
against any hostile collision between the State and CO.
lonial governments
The undersigned having laid Mr. Fox's note before
the President instructed to state him. that no rea
son is perceived Tor doubling the disposition of the Co.
vernon OF Maine scrupuousy TO adhere to the spirit of
The existing arrangements and 10 avoid all acts tending
to render difficult and distant the final adjustment
of the main question of boundary between the two
countries but in repeating assurances OF the readiness
Of the United States Government to contribute BY all
means IN IT'S power, to amicabe termination OF the
the undersigned is bound 10 declare that
persistence in, repetition Of such acts on the part
ot her Alajestys agents, as those complained Of
would, If avowed by Great Britain be considered as
out little in accordance with those assurances
The undersigned avas himself of this occasion TO
renew TO Mr. Fox the expression of his distinguished
JOHN FORSYTH
HENRY s Fox, Esq, &c, &c
WAR DEPARTMENT,
Janry 90 $50.
Sir In reply to that portion Of the resolution Of The
senate referred BY your direction to this Department
" the Secretary of State which requests YOU sto COM
nuncate to the Senate far may be incompati.
lie with the public interest, whether any and If any