Lincoln telegraph. [volume] (Bath, Me.) 1836-1846, 1840-04-02

1t was agreed by her Governor that no at
tempt should be made without renewed in
structions from the Legislature, TO distrub
by arms the province of New Brunswick
in the possession of the Madawaska settle
ments, or Interrupt the usual commrnica-
lions between that and the upper provinces.
As to possession and jurisdiction, they
were TO remain UNCHANGED, each party
holding, In fact, possession Of part Of the
disputed Territory, but each denying the
right of the other to do so. With that nn-
Outstanding, Maine was, without unneces-
sary delay, to withdraw her military force
leaving only, under land agent, small
civil posse, armed or unarmed, to protect
the timber recently cut, and to prevent
fnrther depredations.
In the complaints of infractions Of the
agreements of the State ofMaine, address,
ed TO the undersigned. Mr. Fox has as
sumed two positions, which are not author
lied by the terms ofthose agreements:-
LIST, admitting the right Of Maine TO main
tain a civil posse in the disputed territory
for the purpose stated in the agreement, he
does SO with the restriction that the action
Of the posse was to be confined within GER
tain limits; Cd, by making the advance of
the Name posse into the valley of the upper
ST. John the ground of his complaint of
encroachment upon the Madawaska set
Element, he assumes to extend the limits Of
that settlement beyond those it occupied at
the date of the agreement.
The United States cannot acquiesce in
either of these positions
In the first place, nothing is found in the
agreement subscribed to by Gov. 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 circumscribed. The task of
preserving the timber recently cut, and of
preventing farther depredations within the
disputed territory, was assigned to the
state of Maine after her military force
should have been Withdrawn from it; and it
was to be accomplished by civil posse,
armed or unarmed, was to continue in the
territory, and to operate in every part of it
where its agency might be required to pro-
tect the timber already cut, and prevent
farther depredatious with any limitation
whatever, or any restrictions, except such
as might be construed into an attempt to
disturb by arms the Province of New
Brunswick in her possession of the Mad
awaska settlement, or interrupt the usual
communication between the Provinces
1t is thus in the exercise Of a legitimate
right, and in the conscientious discharge
of an obligation imposed upon her by SOL
emn compact, that the state Of Maine has
done those acts which have given rise to
CO nplaints for which no adequate cause is
perceived The undersigned feels conf
dent that when those acts shall have been
considered by Her Majesty's Government
at home, as explained in his note to Mr.
Fox, Of the Oath Dec. last, and in connec-
ton withthe foregoing remarks they will
no longer be viewed as calculated to excite
the apprehensions of her Majesty's Gov
eminent, that the faith Of existing arrange
ments IS to be broken on the part Of the
United States
With regard to the second position as
sumed by Mr. Fox. that the advance Of the
Maine posse along the Restook to the
mouth of Fish River, and into the valley
of the Upper st. John, is at variance with
the terms and spirit Of the agreements
the undersigned must observe that if at
variance with any of their provisions, it
could only be with those which secure her
Majesty's province Of New Brunswick
against any attempt to disturb the possess
sion Of the Madawaska settlement, and to
interrupt the usual communications be-
tween New Brunswick and the Upper
Provinces. The agreement could only
have referred to the Madawaska settle
ments as confined within their actual limits
at the time it was subscribed The I'M
dersigned, in his note of the 24th of De-
cember last, stated the reason why the
mouth of Fish River and the portion of
the valley Of the 81. John through which
it passed, could in no proper sense be con-
sidered as embraced in the Madawaska
settlements. Were the United States to
admit the pretension set up on the part Of
Great Britain, to give to the Madawaska
settlements degree of constructive ex-
tension that might, at this time, suit the
purposes of her Majesty's colonial author
tiles, those settlements might soon be made,
with like justice, to embrace any portions
Of the disputed territory; and the rights
given to the province of New Brunswick
to occupy them temporary and for Especial
purpose might, by inference quite as plaus-
ble, give the jurisdiction exercised by her
Majesty's authorities an extent which
would render the present state Of the ques-
ton, so long as it could be maintained,
equivalent to decision on the merits of
the whole controversy in favor Of Great