USA > Maine > Piscataquis County > Historical collections of Piscataquis County, Maine, consisting of papers read at meetings of Piscataquis County Historical Society, also The north eastern boundary controversy and the Aroostook War, V. I > Part 19
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"In making this assertion, we do not more distinctly acknowledge a power than claim the performance of a duty. In the first sentence of the Constitution of the United States, one of the important objects in the information of that constitution, as there expressed, is 'to provide for the common defence,' and this duty is afterwards in the same instrument, more specifically pointed out in the provision, that, 'The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion.' Under that constitution, the exer- cise of certain rights was denied to the States; all not expressly taken away were reserved to the States-and certain new rights were created.
"Foremost, and most important, of these newly created State rights, is the right, on the part of each State, to demand the aid of all, by the action of the general government, whenever any foreign power inter- feres with the territorial rights of such State.
"No State is to be left to defend its soil and maintain its just rights single handed and alone,-to engage in border skirmishes and partizan warfare, and sustain that warfare at its own expense.
"It is the duty of a State to claim and assert its rights to jurisdiction, and it is the duty of the general government to protect and maintain them, if just and well founded. The acknowledgement of this State right to protection is particularly important to Maine, environed by foreign territory, and forming a frontier State in the Union. Denied the power to negotiate with foreign governments, or to declare and carry on war in defence of her rights, this State can call, in a strong voice, upon that government to which has been delegated those high powers, for protection in the exer- cise of her jurisdictional rights. Perfect unity of pur-
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pose and frankness in disclosures ought to characterise all intercourse between the State and National Govern- ments, on this topic. No course is so well calculated to lead to distrust and embarrassment, and to inspire confi- dence in the opposing claimants, as diplomatic evasions and jarring and discordant correspondence. We would use no threats of disunion or resistance. We trust that it will never be necessary for a State to assume a hostile attitude, or threatening language, to enforce practically its claims to protection.
"But Maine has a right to know, fully and explicitly, the opinion and determination of the general govern- ment, and whether she is to be protected, or left to struggle alone and unaided. I see little to hope from the forbearance or action of the British government. Their policy, it is apparent, is to delay a settlement of the question, and to extend their actual jurisdiction over the territory, that it may ripen into a right, or at least in future controversies give them the advantage of pos- session.
"The loose and extremely undefined jurisdiction over the small French Settlement at Madawaska, has been the foundation of a claim to actual jurisdiction, and the establishment of wardenship over the whole territory. In pursuance of this plan and policy, they have seized, at various times, heretofore, American citizens, and thrust them into prison, for alleged offences, -and dur- ing the past season, the Lieut. Governor of New Bruns- wick has visited the territory in person, and received the loyal assurance of such of its inhabitants as were ready to acknowledge their allegiance. A citizen of our State, Ebenezer S. Greeley, now lies imprisoned at Fredericton, seized, as it is said, for exercising power delegated to him under a law of this State. The facts connected
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with this arrest are unknown to me, and I therefore for- bear to comment at this time upon them.
"If the facts are, that he was so seized, for such a lawful act, the dignity and sovereignty of the State and nation demand his immediate release.
"I am aware that we are met by the assertion that the parties have agreed to permit the actual jurisdiction to remain, pending the negotiation as it existed before. I have yet seen no evidence that such an agreement was ever formally entered into by the parties. But certainly Maine was no party to such an understanding, and at all events it could never have been intended to be perpetu- ally binding, or to extend beyond the termination of the then pending negotiation. That negotiation is ended. The old ground of claim at Mars Hill is abandoned; a new allegation is made-that the treaty cannot be exe- cuted and must be laid aside. In the meantime this wardenship is established, and the claim to absolute jurisdiction, not merely at Madawaska, but over the whole territory north, is asserted and enforced. .
"If this jurisdiction is to be tolerated and acquiesced in indefinitely, we can easily see why negotiation lags, and two years elapse between a proposition and the reply. They have all they want, and the jurisdiction is claimed by them so absolutely that we cannot send an agent to number the people, and must hesitate before the disputed line can be run, to fix our limits and ascer- tain important facts.
"The first duty of Maine, as it seems to me, is to claim the immediate action of the general government, to move efficiently and decidedly, to bring the controversy to a conclusion. We have had years of negotiation, and we are told that we are apparently no nearer to a termination than at the commencement. Maine has
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waited with most exemplary patience, until even her large stock is almost exhausted.
"She has no disposition to embarrass the action of the General Government, but she asks that some action be had-some movement made with a determined purpose to end the controversy.
"She cannot quietly submit to have her territory wrested from her, her citizens imprisoned, her territorial jurisdiction annihilated, and her rights lost by the bold and persevering and unopposed claims of a foreign power. She cannot consent to be left alone in the con- troversy, or to be left in doubt as to the aid or counte- nance she may receive from the authorities of the Union in maintaining her acknowledged rights. She asks the quiet and undisturbed possession of her territory, accord- ing to the treaty, and that foreign and intrusive posses- sion be put an end to; and by this claim she will abide. She will do nothing rashly, and indulge in no spirit of nullification ; and it will not be until all hope of settling the vexed question by negotiation, and all requests for other aid are denied or neglected, that she will throw herself entirely upon her own resources, and maintain, unaided and alone, her just rights, in the determined spirit of injured freemen. But those rights must be vindicated and maintained; and if all appeals for aid and protection are in vain, and her constitutional rights are disregarded, forbearance must cease to be a virtue-and, in the language of the lamented Lincoln, Maine may be 'compelled to deliberate on an alternative which will test the strictness of her principles and the firmness of her temper.' The recent movement in Congress by one of our Representatives-sustained, as we confidently trust, by his colleagues, gives some encouragement to hope that the day for decisive action is at hand.
"To you-delegated guardians of the people's rights
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-I submit these remarks, and to you I leave the consid- eration of this momentous subject, confident that you will not yield to an unjust claim, or jeopardize our rights by delay in asserting them. It is for you to say upon mature reflection, whether, in speaking in the name of Maine, I have exceeded the bounds of prudence, or mistaken the feelings of the people. I confess that my convictions are strong, that Maine has been wronged by a foreign government, and neglected by our own- and I do not understand the diplomatic art of softening the expression of unpalatable truths.
"I can only assure you that I most cheerfully co-op- erate in maintaining our rights to protection in the exer- cise of our rightful jurisdiction."
From the time when the King of the Netherlands in 1831, rendered his decision until the whole matter came to a crisis in Maine in 1839, the Federal government did not make any decisive move that would be a notice to the world that her frontier in Maine was to be pro- tected at all hazards.
History often repeats itself. Then even more than now the party in power was inclined to consider first of all what effect such action would have upon its political fortunes.
President Jackson had not acted with his usual vigor and aggressiveness in any attempts to settle this question with England and preserve our rights, maintain our national honor, and protect the rights and honor of a sovereign state against the overt acts of a foreign power. He had disappointed his political friends and lent encouragement to his enemies in both Maine and Massa- chusetts.
President Van Buren took his seat in 1838, and, although the situation was much more serious than at any time during Jackson's administration, he was equally
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ยท as inclined to procrastinate if not to vacillate about this subject of such vast importance, as was his predecessor.
During this period Maine had been ably represented in both houses of Congress.
In the Senate had been such men as Ether Shepley, Peleg Sprague, John Holmes and Reuel Williams.
In the lower house had been George Evans, F. O. J. Smith, Gorham Parks, Leonard Jarvis and Virgil D. Paris. It was at this time, 1837-39, that Thomas Davee of Blanchard was a representative.
The Maine delegation heartily supported by the Massachusetts delegation had been incessant in their efforts to force the administration to action.
Of their vigilance and faithfulness in this respect and their endeavors to constantly keep this issue a prominent one before the country there can be no doubt.
And yet eloquent speeches in Congress, convincing passages in Governors' messages and exciting reports and resolves of legislative committees, however much they might have aroused public sentiment in Maine, failed of having any salutory effect upon our arrogant neighbors across the border, sustained as they were by the power- ful arm of Great Britain, so long as the policy of the national government was a passive one.
Rather did their magistrates become more defiant in claiming jurisdictional rights over the disputed territory, by issuing civil and criminal processes against the settlers along the Aroostook, Madawaska and upper St. John Rivers, and their officers more bold and domineering, and trespassing on these lands was increasing.
On the 14th of December, 1838, the land agents of Massachusetts and Maine, appointed George W. Buck- more an agent to proceed to the Fish Rivers, and investi- gate the trespassing by New Brunswick parties and pre- vent such trespassing if possible.
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Based upon the report which Buckmore made to the land agent and other similar reports Governor Fairfield, January 23, 1839, submitted to the Legislature a mes- sage, in which he asserted that, "By this report it appears that a large number of men, many of them, I am informed, from the British provinces, are trespassing very extensively upon the lands belonging to this State : that, they not only refuse to desist, but defy the power of this government to prevent their cutting timber to any extent they please.
"Upon the Grand River, it is estimated there are from forty to fifty men at work. On the Green River, from twenty to thirty.
"On the Fish River, from fifty to seventy-five men with sixteen yoke of oxen and ten pair of horses, and more daily expected to go in. On township H ten men, six oxen and one pair of horses. On the little Mada- waska seventy-five men, with twenty yoke of oxen and ten horses. At the Aroostook Falls fifteen men with six yoke of oxen.
"The quantity of timber which these trespassers will cut the present winter is estimated in value, by the Land Agent at one hundred thousand dollars."
And the Governor very pertinently remarked that it was not merely the property that was at stake, but "the character of the State is clearly involved."
He recommended to the Legislature that the land agent be instructed forthwith to proceed to the place of operation on the Aroostook and Fish Rivers with a suf- ficient number of men suitably equipped, to "seize the teams and provisions, break up the camps, and disperse those who are engaged in this work of devastation and pillage."
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RUFUS MOINTIRE LAND AGENT OF MAINE, 1839
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In this report Mr. Buckmore* says: "During my stop at the Madawaska settlement, I was called upon by Francis Rice, and Leonard R. Coombs, Esquires, two of the Magistrates living at Madawaska, to learn my busi- ness on the St. John River, which I freely communicated. They said they were authorized by the Governor to arrest all persons attempting to exercise jurisdiction, on the part of the American Government, in the Madawaska settlement, and that they should forward a copy of my instructions to the Governor at Fredericton."
January 24, 1839, the Legislature passed a resolve instructing and empowering the land agent to carry out the recommendations of the Governor and appropriating ten thousand dollars for the purpose.
In 1838, the Democrats had defeated Governor Kent, the Whig governor, and were again in power in Maine and had elected John Fairfield, governor, who was inaugurated in 1839.
He appointed Rufus McIntire of Parsonsfield, land agent.
Mr. McIntire was unquestionably a man of ability and integrity. He was a lawyer and had represented his district in Congress four terms.
Pursuant to the legislative resolve above referred to, Governor Fairfield ordered the land agent to go to the Aroostook and Madawaska country for the purpose of carrying out the provisions of the resolve.
Mr. McIntire employed Major Hastings Strickland of Bangor, then sheriff of Penobscot County, to accompany and assist him in this work.
Consequently an expedition left Bangor during the first week of February, 1839, consisting of the land agent, Major Hastings Strickland, with a large civil
*Buckmore's report was made to Elijah L. Hamlin, land agent, in 1838.
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posse, Ebenezer Webster and Captain Stover Rines of Orono, and Gustavus G. Cushman of Bangor.
They proceeded to the mouth of the Little Madawaska River, where they encamped.
During the night of February 12, the house or camp where McIntire slept was surrounded by about forty armed men. McIntire and those with him were awak- ened, placed under arrest and ordered to be ready at once to march to Fredericton. McIntire demanded by what authority they arrested him, and the commander pointing his musket at McIntire's breast, said, "This is our authority."
They were taken before a magistrate at Woodstock, who issued a warrant against Land Agent McIntire, Gustavus G. Cushman and Thomas B. Bartlett of Ban- gor, and they were forthwith marched to Fredericton and lodged in jail.
On Sunday, February 17th, the citizens of Bangor enjoyed the sight of two of the leading men among the province trespassers, Mr. Mclaughlin, warden of the public lands in New Brunswick, and Captain Tibbets of the Tobique settlement, being escorted as prisoners through the streets of that city.
They had been captured by the Maine soldiers a few days before and were taken to Bangor, but unlike the prisoners captured by the British they were not lodged in the Bangor jail, but were lodged in the Bangor House and fared sumptuously. *
*The Bangor Whig, in speaking of this occurrence, editorially, remarked :
"It is worthy of remark and remembrance, that our Land Agent, when passing through Woodstock, was greeted with jeers and insults by British Subjects, but when the British Land Agent rode through this city, although there were over a thousand people assem- bled in the streets, he was suffered to pass in silence. Not a lip was opened or an insult offered."
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On March 1, 1839, news was received in Bangor that a regiment of eight hundred Fusileers had arrived in the city of St. John, from Cork, Ireland, and would march forthwith to the disputed territory. Five hundred British Regulars had arrived at Madawaska from the city of Quebec, and eight pieces of cannon had been transported up the St. John River from Fredericton. The people of Maine were kept informed of the doings at the "Seat of War" by special mes- sengers, stages and express teams, daily coming into Bangor. The Bangor Whig was published daily, and was one of the most enterprising of the Maine news- papers of the day.
It kept a "war correspondent" at Houlton and had a column or more in every issue for several weeks, giving graphic descriptions of the scenes of "war," of the hardships which were encountered, and of the soldiers tenting on the melting snow-drifts, all the way from Houlton to Madawaska. Some of this correspondence would have done credit to the "stories" of the "yellow" journals of today.
In one of these letters, published March 7th, the writer says :
* "let us give every hireling and subject of a monarchy, that grant to territory, which King Harold of yore was willing to give to the Norwegian King- seven feet by two."
The news of that day and the editorials in the papers at the time, were more or less colored by the issues of Maine politics. The Bangor Whig was violently parti- san and for a time did not give Governor Fairfield, who was a Democrat, and had been chosen governor over Governor Kent, credit for being either competent or patriotic. But as the public mind became intensified in favor of protecting our border, it changed its course and was soon supporting his official acts as loyally as did
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The Argus, The Age, or any of the Democratic papers.
When Sheriff Strickland first went to the Aroostook with his posse, and when McIntire was taken prisoner by Sir John Harvey's officers, the Whig papers contended that McIntire* left his camp and troops and went within a mile of the enemy to obtain a feather bed to sleep upon, and was thus seen and captured, and that if he had been content to have reposed upon spruce boughs he would not have fallen into the toils of the enemy.
Some slurs were also cast upon Hastings Strickland for what they termed his "untimely haste," in escaping from the British officers, intimating that he was cowardly, and retreated very unceremoniously. The facts however were that he was alert enough not to be taken prisoner, as some of his companions were, and perceived at once the necessity for immediate and decisive action on the part of Governor Fairfield and Adjutant General Hodgdon, if Maine's rights were to be protected. Being a man of great energy he went from Madawaska to Augusta as rapidly as relays of swift horses would carry himt for the purpose of prevailing upon the State gov- ernment at Augusta to mobilize troops upon the border without further delay. Maj. Strickland was a man of political sagacity and a leader of influence in the Demo- cratic party, and one that Governor Fairfield relied upon for advice and counsel.
Naturally both political parties tried to make political capital for themselves; the effect of which was to hinder efficient progress in protecting our frontier.
The Democrats criticized Governor Kent in 1838, and
*When McIntire was imprisoned Governor Fairfield appointed Colonel Charles Jarvis provisional land agent.
+Bangor newspapers stated that Major Strickland did not even stop at his home in Bangor but proceeded directly to Augusta.
MAJOR HASTINGS STRICKLAND SHERIFF OF PENOBSCOT COUNTY. 1838-9
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in turn the Whigs blamed Governor Fairfield whenever it was possible to do so.
As the "Aroostook War" or the military movement of troops to the frontier was made under Governor Fair- field, the Whigs for many years thereafter, kept up an incessant fire of ridicule against him, and Land Agent McIntire and Major Strickland.
In this way it became a false tradition that the latter ran away from a conflict to escape imprisonment. One of the doggerels of the day commenced:
"Run, Strickland, run! Fire, Stover, fire! Were the last words of McIntire."
In the meantime the situation was becoming more and more inflammatory. It was the subject of discussion and agitation in England as well as America. On the 7th of March, 1839, both Lord Brougham and the Duke of Wellington made speeches regarding it in the House of Lords, calling attention to information which had been received from Canada and New Brunswick to the effect that lawless Yankees were invading and trespassing upon the British soil.
When the people of Maine received news of the proc- lamation of Sir John Harvey, lieutenant-governor of New Brunswick, of February 13, 1839, which was a dec- laration of war, and the imprisonment of the land agent, the feeling of indignation was deep and universal.
The Legislature appropriated eight hundred thousand dollars to be used by the Governor for the protection of the public lands.
A draft was also ordered for ten thousand three hun- dred and forty-three men from the militia to be ready for immediate action.
General Bachelder was commander of the western division of militia. Many volunteers from Penobscot
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and Piscataquis Counties and other eastern portions of the State were also enlisted.
Within a week ten thousand American troops were either in the Aroostook region, or on the march there.
The national government was at last awake to the seriousness of the situation. Congress passed a bill authorizing the President of the United States to raise fifty thousand troops for the support of Maine, and appropriating ten million dollars to meet the expense if war became unavoidable.
General Scott was ordered to the scene of action, informing Governor Fairfield that he was "specially charged with maintaining the peace and safety of the entire northern and eastern frontiers," He arrived in Augusta with his staff the fifth of March, 1839, and opened headquarters.
General Scott was also clothed with full power to act as mediator between the State of Maine and the Province of New Brunswick and on entering upon negotiations which would if possible end further hostilities. He immediately communicated officially with Governor Fairfield and Sir John Harvey.
The result was that on March 23, 1839, Sir John Harvey agreed to the terms of settlement negotiated by General Scott, and on March 25 the same were ratified by Governor Fairfield, who immediately issued orders to recall the troops from the Aroostook and the prisoners on both sides were liberated.
Thus ended the famous "Aroostook War," and fortunately for the people of the State and the province it was a bloodless one. It has been derided and scoffed at and regarded as a huge international joke, and often has it been the subject for jest and laughter on the stump, and ever a fertile field for the grotesque wit of newspaper writers.
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And yet it is an incident in international history, in the history of the nation, and of the State of Maine, that is of supreme importance and interest.
For years its solution puzzled the wisest of our states- men. The people of Maine believed that the territory which they possessed, and to which no one else had any rightful or lawful interest, was being wrongfully and illegally taken from them and that the government at Washington delayed the assertion of our rights unnec- essarily, because it feared Great Britain.
Two expeditions were made to the Aroostook and Madawaska country. The first one as we have seen, was by the land agent, accompanied by Major Strickland as sheriff of Penobscot County, with a posse of men, for the purpose of driving off trespassers upon Maine soil. The second expedition was a military one to repel an invasion of the State, which the lieutenant-governor of New Brunswick, Sir John Harvey, had threatened to make.
Patriotic sons of the Pine Tree State left their homes and firesides in the most inclement season known to our rigorous climate and marched through the deep snows of a wilderness, two hundred miles, to defend our frontier from foreign invasion, when the Federal government was needlessly procrastinating and turning a deaf ear to the cries of suffering and oppressed pioneers in the upper St. John valley.
Because the good fortunes of diplomacy triumphed and averted the shedding of blood, is no reason why they are not entitled to a high place in the roll of honor, with all of the other hosts of patriotic defenders of our country, and the protection of her glory and renown.
In his annual message January 3, 1840, Governor Fairfield in referring to the Resolves of the Legislature, passed in March, 1839, explains the withdrawal of the
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