The Portland daily press., 1874-11-28
L HE PR ES :
SATURDAY MORNING. NOV. IS. 1874
Historical and Pertinent.


shall be paid in any case for any such outstanding
title interest," and no lots shall be purchased which
are not embraced within the number of those for
which compensation was made by the United States
to the state of Maine under act of Congress passed
July 90, 1868.
Section 10 of chapter III of the acts of the
Fortieth $ olows:
SEC 10 And be 1t further enacted, Ttat for the
purpose of executing the fourth article of the treaty
of Washington, concluded on the 9th of August,
1872 the Secretary of the Treasury, is hereby
thorized and directed to pay to the.state of Maine
for Of 25 of land assigned by said state to set
tiers under said article, sum equal to S1.25 per
acre; and to the Commonwealth of Massachusetts,
for 100 of lanl equal to 81 % per acre;
provided that before said paid, the states of
Maine and Massachusetts shall agree with the uited
States that the settlers upon their public lands in the
late disputed territory in Maine entitled to be quetel
in their possession, as ascertaned by commissions
heretofore instituted by said states. shall have been
shall be quoted by release of the title of the said
states.
The following is article four of the treaty Of
Washington, signed at Washington August
9, 1912:
ART.4. All grants of lands heretofore made by
either party within the limits OF the territory which
by this treaty falls within the dominions of the other
party, shall be held valid ratified and confirmed to
the persons in possession under such grants to the
extent if such territory had by this treaty
fallen within the dominion. of the party by whom
such grants made; and all equitable possessory
claims. arising from possession and improvement
of any lot parcel of land, by the person actually
in possession, CT by those under whom such person
claims, for more than six years before he date OF
this treaty, SHALL in like manner, be deemed valid
and be confirmed and queted by release to the per-
entitled thereto of the title of such lot parcel
ofland, described best to include the improve
ments made thereon; and in all respects the two
tracing parties agree to deal upon the most liberal
principles of equity with the settlers actually dwell
ing upon the territory falling to them respectively,
which has heretofore been in dispute between them.
The average member of Maine legisla-
ture, unused to ways which are dark and the
tricks which are vain, would hardly get the
drift Of the very innocent resolve at the head
ofths article When, however, he comes to
read the SUBSEQUENT extracts from the act of
Congress to which it refers and to the treaty
of Washington to which the act of Congress
refers, he may have occasion to begin to open
his eyes. When he further learns that it is
altogether probable that the resolve votes
outso the treasury of Maine the sum of
$145, $685. Is, he will become wide awake.
Now for little history. When, in pursu-
ance of the treaty of Washington, the bound
airy line between Maine and New Brunswick
was run from the head waters of the st.
Croix river, in due northerly course, it de
verged from the old line of lots at some point
in the town of Hodgdon and running west of
the former boundary cut eff strip of Maine
which by the treaty was coded to New Bruins
wick. This strip Increases in width as the
line extends northward and embraces an ag-
gregate Of 1925 acres of land, a part of
which was held by Maine, part by Massa-
chusetts and a very small part by actual set
tiers outside Of the former limits of Houltcn.
A few years since gentleman appeared at
Augusta as the attorney Of these settlers,
with claims for damages resulting to them by
the change in the line which transferred a
part of their farms to the then untaxed do
main of Queen Victoria. From what We
can learn by inquiring of men of average in
telligence who have spent their lives in that
vicinity, the actual settlers never felt that
they had suffered by having a few acres of
their farms transferred to New Brunswick.
They suffered little disadvantage. Many of the
owners were natives of New Brunswick and
the occasional native born Yankee whose
land was divided by an imaginary line, found
a panacea for his raffied patriotism in the fact
that the in portion Bluenosedom was practi-
cally untaxed. We doubt if one settler in a
dozen ever thought that be had claim
against the general government and never
would have imagined that he was not ''quiet-
ed,' had not some enterprising and hardy
claim pioneer stumbled upon the prize twenty
years or more after the boundary was estab-
lished. We will add further, that we doubt
if the actual settler would get much of the
proceeds of his 'sclaim," as certain specula-
tors have bought up the greater part of them.
Ihdeed, the claims may be said to be the
properly of the spectators who hold them by
the indisputable right of discovery.
We are unable TO ascertain from such data
as We possess the date of the first presenta-
ton of the claims of Maine and Massachu-
sets in Congress. There can be no doubt of
the legitimate nature of those claims for public
lands turned over to another government by
change of boundary liue would naturally go
10 that government. This, however, is true;
the claims were not paid until after all such
claims of Maine against the general govern
mcnt had been transferred to the European
& North American Railway Company by the
Maine Legislature to be used in the compile
tion Of that enterprise.
A few words respecting the history of the
remarkable resolve at the head of this article
will not only be interesting but profitable if
needed by our lawmakers. By reference to
the journal of the House OF Representatives
of 1874, we find that the following order was
presented by Mr.. Powers OF Houton:
Ordered: That the Committee on State Lands in
quirc to what arrangement should be made with
propretors 10 release to settlers claiming lands under
the treaty of Washington, Aug g. 1872, all interest
in their respective lots in accordance with the stitu-
laions OF the act of Congress and obligations of the
state.
Ia due time the resolve referred 10 was re-
ported in the usual way in the House, and
was passed by both branches without discls-
sion, and probably without dozen members
knowing its probable purport. When it went
to Gov. Dnsley for his approval, there APP
pears to have been difficulty. We are justi-
fed in stating that when, oninqliry, he ascer-
tanned the extraordinary nature of the resolve,
he would not attach his official signature, and
that its friends, on getting an intimaton of
his purpose, had it recalled by the Senate and
alter some delay. but no investigation that
was made public, had itreferred to the next
Legislature, SO that the gentlemen soon to
meet at Augusta will have this matter before
them after its usual reference to the Commit
tee on State Lands. 1t may. with propriety,
be further stated that when some surprise
was expressed thai Mr.. Powers, being lead
ing lawyer, should be placed on the Land
Committee, it was stated on the best author
ity that it was done at the earnest request of
that gentlemen and his friends and that tbo