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 20
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HISTORICAL COLLECTIONS
troops, by saying : "Soon after the adoption of the resolution, I received the written assent of the Lieu- tenant Governor of New Brunswick to the following, made to him by Major General Scott, to wit: 'That it is not the intention of the Lieutenant Governor of Her Britannic Majesty's Province of New Brunswick, under the expected renewal of negotiations between the Cabi- nets of London and Washington on the subject of said disputed territory, without renewed instructions to that effect, from his government, to seek to take military possession of that territory, or to seek by military force, to expel the armed civil posse or the troops of Maine.'"
Upon the basis of this arrangement the troops were recalled by the Governor, but he kept quite a large force or civil posse there after the withdrawal of the troops, under the direction and control of the land agent.
But war between the United States and England was averted through friendly diplomacy. What is known as the Webster-Ashburton treaty in American history was its final adjustment. This treaty was negotiated by Daniel Webster and Lord Alexander Baring Ashburton in August, 1842, and subsequently accepted and ratified by both governments.
The commissioners who represented the State of Maine at the hearings before Webster and Ashburton were Edward Kavanagh, Edward Kent, Wm. P. Preble and John Otis.
On the part of Massachusetts appeared Abbot Lawrence, John Mills and Charles Allen.
At this treaty the frontier line between the State of Maine and Canada was settled for all time.
By it, seven twelfths of the disputed ground, including that part of Madawaska that lies on the southerly side of the St. John River, were given to the United States, and five twelfths of the ground to Great Britain ; but it
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secured a better military frontier for England, and included heights commanding the St. Lawrence, which the award of the King of the Netherlands had assigned to the Americans.
Documentary History of the North Eastern Boundary Controversy.
(From State Papers, 2nd Sess. 20th Cong. 1828-9, Doc. No. 90.)
Report of the trial of John Baker, at the Bar of the Supreme Court, on Thursday, the 8th May, 1828, for conspiracy.
In the Hilary term of the Supreme Court, the Grand Jury for the county of York found a true bill of indict- ment against John Baker, James Bacon and Charles Studson, for conspiracy. The two defendants, James Bacon and Charles Studson, were not taken; but the defendant, John Baker, being in custody, was brought to the bar and arraigned, and thereupon pleaded not guilty, at the same time protesting against the proceed- ings, and that he was not amenable to the jurisdiction of this court.
He was afterwards, during the term, admitted to bail, and entered into recognizance, himself in £100, and two sureties in £50 each, for his appearance at the present term, to traverse the indictment, and in the meantime to keep the peace and be of good behavior.
On Wednesday, the 7th instant, the Attorney General states to the Court, that, having understood the defend- ant, John Baker, was in attendance, he should be ready, at the opening of the Court on the next day, to proceed with the trial. One of the bail for the defendant then said that the defendant would appear whenever he was
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required. Thursday was, therefore, appointed by the Court for the trial.
Thursday, May 8, 1828.
The Honorable Chief Justice Saunders,
Mr. Justice Bliss, Mr. Justice Chipman,
came into court, and took their seats.
The defendant, John Baker, was called, and appeared, and declared he was ready for his trial: Mr. Attorney General then moved for trial, and the clerk of the crown proceeded to call over the names of the jury.
Mr. Justice Chipman stated to the defendant that he might challenge any of the jurors for cause, but he declined availing himself of this privilege.
The following jurors were called, and sworn in the order they appeared :
Michael Fisher, Joseph Estabrooks, Jr.,
William Miller, John Collins,
Edward Cambridge,
Samuel Curry,
John Bain,
Thomas W. Peters,
Joseph Sutherland, William S. Esty,
Donald McLeod, Anthony Stewart.
The clerk of the crown then read the indictment, which is as follows :
York, to wit. The jurors for our lord the King, upon their oath, present, that John Baker, late of the parish of Kent, in the county of York, laborer, James Bacon, late of the same place, laborer, and Charles Studson, late of the same place, laborer, being persons greatly disaffected to our said lord the now King, and his government, within this, His Majesty's Province of New Brunswick, and being factiously and seditiously disposed, on the fourth day of July, in the eighth year of the reign of our said sovereign lord George the
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Fourth, with force and arms, at the parish aforesaid, in the county aforesaid, did, amongst themselves, con- spire, combine, confederate, and agree together, falsely, maliciously, factiously, and seditiously, to molest and disturb the peace and common tranquility of this Prov- ince, and to bring into hatred and contempt our said lord the King, and his Government, and to create false opinions and suspicions in the subjects of our said lord the King, of and concerning the Government and administration of our said lord the King, and of the royal power and prerogative of our said lord the King within this Province.
First overt act. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said John Baker, James Bacon, and Charles Studson, after- wards, to wit, on the same day and year aforesaid, at the parish aforesaid, in the county aforesaid, in pursu- ance of, and according to, the said conspiracy, combina- tion, confederacy and agreement, amongst themselves had as aforesaid, did erect, and cause to be raised and erected, a certain flag staff, and did place thereon a cer- tain flag, as the standard of the United States of America, and did then and there declare, in the presence and hearing of divers liege subjects of our said lord the King, that the said place on which the same flag staff was so erected was a part of the territory of the said United States, and that they, the said liege subjects, must thereafter, look upon themselves as subjects of the said United States.
Second overt act. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said John Baker, James Bacon, and Charles Studson, after- wards, to wit, on the 15th day of July aforesaid, in the year aforesaid, at the parish aforesaid, in the county aforesaid, in further pursuance of, and according to, the
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said conspiracy, combination, confederacy and agreement, amongst themselves had as aforesaid, applied to divers liege subjects of our said lord the King, and then and there presented to the same subjects a paper writing, which they, the said John Baker, James Bacon, and Charles Studson, then and there requested the said sub- jects to sign, then and there declaring that, by the said paper, they, the said subjects would bind themselves to oppose the execution of the laws of Great Britain, to wit, in the Madawaska settlement, so called.
Third overt act. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said John Baker, James Bacon, and Charles Studson, after- wards, to wit, on the 18th day of July, in the year aforesaid, in further pursuance of, and according to, the said conspiracy, combination, confederacy, and agree- ment, amongst themselves had as aforesaid, did oppose and obstruct the postman then and there having the custody and carriage of His Majesty's mail to the Province of Lower Canada, in the prosecution of his journey with the said mail; they, the said John Baker, James Bacon, and Charles Studson, declaring to the said postman that the British Government had no right to send its mails by that route, meaning through that part of the said parish of Kent called the Madawaska settle- ment; and that they, the said John Baker, James Bacon, and Charles Studson, had received orders from the Gov- ernment of the said United States to stop the carriage of the said mail through the same.
Fourth overt act. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said John Baker, James Bacon, and Charles Studson, after- wards, to wit, on the tenth day of August, in the year aforesaid, at the parish aforesaid, in the county aforesaid, in further pursuance of, and according to, the said con-
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spiracy, combination, confederacy, and agreement, amongst themselves had as aforesaid, did hoist the flag of the said United States of America on a certain flag staff there erected and placed; they, the said John Baker, James Bacon, and Charles Studson, then and there declaring, in the presence and hearing of divers subjects of our said lord the King, that they, the said John Baker, James Bacon, and Charles Studson, had so hoisted the same flag, and that they had mutually entered into a written agreement to keep the same flag there, and that nothing but a force superior to their own should take it down; and further, that they considered, and had a right to consider, themselves then and there on the terri- tory of the said United States; and that they had bound themselves to resist by force the execution of the laws of Great Britain among them there; in very great con- tempt of our said lord the King and his laws, to the evil example of all others in the like case offending, and against the peace of our said lord the King, his crown and dignity.
The Attorney General, who conducted the prosecution, then opened the case to the jury, and stated generally the nature of the offence, and the facts necessary to be proved in order to support the indictment: he then briefly set forth the evidence which he intended to adduce to substantiate the charge; and particularly stated it would be shown that the jurisdiction of this Province had always extended over the part of this country where the offence was committed: that the defendants were acting under no authority whatever; and this was an indictment found by the grand jury in the ordinary exercise of their duties. He desired the jury to dismiss from their mind every thing that they had heard or seen written on this case, and decide on the guilt or innocence of the party by the evidence alone; and, if they could
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not conscientiously say he was guilty, to acquit him. Several authorities were then read; but as the whole case was most fully and ably gone into by the learned judge who charged the jury, and the same view of the law and facts taken by him as by the Attorney General, it is not necessary to go into a full detail of the opening speech.
Mr. Attorney General then proceeded to call the wit- nesses.
William Feirio, one of the witnesses recognized at the last term, was called but did not appear.
George Morehouse was the first witness examined : his evidence was as follows:
I am a Justice of the Peace for the county of York, and reside in the parish of Kent, on the river St. John, about thirty miles below the Grand Falls. The Mada- waska settlers commence a few miles above the Falls, and extend up forty to fifty miles. I have been settled where I now live six years; but my acquaintance with the Madawaska settlement commenced in the year 1819. At this time the inhabitants were principally French ; there were a few American citizens. I cannot say whether defendant was there then; his brother Nathan was. I do not recollect the defendant's being there until September, 1822: he and the other Americans had formed a lumbering establishment at the head of the Madawaska settlement, on the east side of the river St. John, by the Meriumpticook stream. That part of the country where the French and Americans were has been invariably under the jurisdiction and laws of this Province since I knew it. I have been in the constant habit, as a Magistrate, of sending my writs and warrants there, and no interruption or objection was made to the service of them until last August, until then, it was my belief that all the inhabitants there considered themselves under the jurisdiction of, and subject to, the laws of
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this Province, both American citizens and French set- tlers.
When I speak of last August, I mean that this was the first intimation I had of any objection being made to the exercise of the jurisdiction of this Province there. That intimation was made by a report or communication from Mr. Rice, that John Baker, the defendant, had been guilty of seditious practices. I forwarded the communication to the Secretary of the Province; a few days after, about the third of August, I received writ- ten instructions from His Majesty's Attorney General to proceed to Madawaska and take depositions, and get a copy of the written paper which it was reported the defendants had handed about for signature. I accord- ingly proceeded to Madawaska on the seventh of August, and arrived at the place where Baker's house is situate, and went into the house of James Bacon, and asked him to let me see the paper which had been handed about for signature: he said he had it not. I then requested Bacon to go with me to Baker's to look for the paper; he declined going: I then went towards Baker's house, and met him on his mill dam. The mill dam is made across the river Meriumpticook. I stated to him that it had been reported to Government that he and other American citizens residing there had been guilty of seditious practices; that I was authorized to make inquiry. I told him it was reported that he had drawn up, and circulated among the settlers, a paper, the purport of which was that they were American citizens, and had bound themselves to resist the execution of the laws of Great Britain: he neither admitted or denied it, but said that he had been charged with an attempt to stop the mail, which was false. I requested him to show me the paper which had been handed round for signa- ture: he said he believed it was not in his possession,
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but did not deny the existence of such a paper : he said he did not know whether it was in his possession or not; he thought Studson had it. I requested him to go to his house and search his papers; perhaps he might find it; we proceeded together towards his house; between his residence and the mill, there is a new house, where ten or twelve Americans were assembled. I did not know them to be Americans : but supposed them to be so; they were not French settlers: when we got there, Baker took two or three aside, and consulted with them a few minutes ; he then came back, and said to me, "Mr. Morehouse, I have consulted with the committee, and we have determined that you shall not see this paper : we have formerly shown you papers in similar cases, which has been very prejudicial to us." I observed, when I went there, a flag staff erected on the point of land where Baker lives; the point is formed by the junction of the Meriumpticook river with the St. John; there was then no flag on it, but after coming out of Bacon's, I observed a flag hoisted-a white flag, with an American eagle and semicircle of stars, red. In the conversation I had with Bacon he deprecated Baker's practices, and said he would not desist until he brought the Americans there into trouble. I think the persons Baker took aside to consult with, were Bartlett and Savage. After I had received the answer before men- tioned, I pointed to the flag, and asked Baker what that was. He said, "the American flag, Mr. Morehouse: did you never see it before, if not, you can see it now." I asked him who planted it there: he said, "he and the other Americans there." Bacon was present at the time: I required him in His Majesty's name to pull it down. He replied, "no, I will not; we have placed it there, and we are determined we will support it, and nothing but a superior force to ourselves shall take it
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down ; we are on American territory ; Great Britain has no jurisdiction here; what we are doing we will be supported in ; we have a right to be protected, and will be protected, in what we are doing, by our Govern- ment."
He did not produce or exhibit any authority. I then turned to Bacon, and said, "Bacon, you have heard Baker's declaration, do you mean to support him in it?" He said, "of course I do." I then left him and came away. Baker, about the 1st February, 1825, applied to me, as a Magistrate, for summonses against some of the Madawaska settlers to collect debts. I gave him six summonses against persons all living in the Mada- waska settlement: the return made to me was that the debts were paid when the writs were served.
Baker has a considerable improvement, and raises more or less grain every year. In 1823, I was at the place where he resides. I understood from what passed, that Baker and Bacon both acknowledged they had signed the paper; they spoke of having bound themselves by a written agreement to resist the laws of England.
The direct examination having closed, the defendant was informed he might cross-question the witness: he declined doing it, saying, under the circumstances which he stood there, he did not intend asking any questions.
To questions then put by the Court, the witness stated :
The Madawaska settlement proper terminates at the Madawaska river; above the river, there are a few miles interval, with a few scattering houses; the main settle- ment then commences about nine miles above the Mada- waska, and extends seven or eight miles. The Meri- umpticook is about eighteen miles above the Madawaska. This settlement has formerly gone by the name of Chat- eaugay : Lately it has been called Sainte Emilie by the
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French settlers in the settlement. I mean distinctly that the upper as well as the lower settlement has been subject to the British laws. It is at the head of the settlement the Americans reside. The whole settlement has gone by the general name of Madawaska Settlement throughout the country; the name Chateaugay caused some difference amongst themselves; the Priest changed it to Sainte Emilie; there has been no distinction in the actual exercise of jurisdiction between the upper and lower part of this settlement; the lower bound of the parish of Kent is eighteen miles below my residence.
Francis Rice sworn. I reside in the Madawaska settle- ment, at the head or the first part. I am adjutant of the fourth battalion York county militia: the Mada- waska settlers are enrolled in this battalion. I have been in court, and heard Mr. Morehouse's evidence. I made a report to him, as he has stated. I did not know the facts myself; they were reported to me. I accom- panied Mr. Morehouse on his visit to the settlement on the 7th August last, and was present at the conversations with Baker and Bacon: the facts all took place as he has stated: I can say nothing more. The Madawaska set- tlers attend and turn out at the militia training pretty regularly, both above and below the confluence of the Madawaska.
The French settlers not being able to speak English distinctly, the witness, Francis Rice, had previously been sworn as interpreter, and acted as such throughout the trial.
Abraham Chamberlain sworn. I live in the upper part of the Madawaska settlement, above the Mada- waska river; have resided there four years this Summer ; was born at Bay Chaleur; came from there to this Province four years ago and have always lived since in the Madawaska settlement. Charles Studson presented
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me a paper, I think in July last. I don't remember seeing Baker. Bacon and Emery, and some other Americans, were present. I was passing by; they were drinking rum; they asked me to take some; I agreed. When they handed the paper, I asked whether any of the French had signed it; they said, not yet.
The witness being then asked as to the contents of the paper, and the propriety of such evidence being ques- tioned by the court, the Attorney General cited the case of Rex versus Hunt and others, 3 Barn. and Ald. 566, where it was decided, on an indictment for con- spiracy, that secondary evidence of the contents of a paper which was in the defendant's possession was admissible without producing the original, or giving notice to produce it; and that parole evidence of inscriptions and devices on banners and flags is also admissible. The question was then put; but the wit- ness could say nothing as to the contents, stating that it was read to him, but, being in English, he did not understand it. They asked him to sign it; but he did not understand for what reason. He wanted to know whether any of the French had signed it. This took place at the point of land near the mill. There was a flag hoisted with an eagle and stars on it; they did not say anything about having signed the paper themselves.
Peter Marque sworn. I live in the St. Emilie settle- ment, (the upper one. ) Bacon and Studson, some time last Summer, tried to make me sign a paper. Studson handed it to me; I do not know for what reason: they read the paper, but I did not understand it, and asked whether the French had signed it: they said, not yet. I then said I would not sign it. I told Mr. Morehouse they wanted me to sign a paper. This was at the place where the pole stands. I never understood the purpose for which I was called to sign the paper. I worked
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eleven days for Baker last year, at the time of getting hay : I now work for myself. They told me Chamber- lain had signed the paper. I dont remember anything more.
Peter Sileste sworn. I was employed last Summer to carry the mail from Madawaska to Lake Timisconatee: as I was taking it up the river, polling up in a canoe, I met John Baker coming down the river on a raft; he came off to me in a small skiff; neither of us stopped. Baker asked me in English, "Do you carry the mail?" I said "Yes." He said he had orders from America not to let the mail pass that way. I replied, I had no orders to stop there. This was all that passed. This was, I think, in July.
Joseph Sanfason sworn. I live in the Madawaska settlement, half a mile below the Green river: the Green river is below the Madawaska. I was born at Mada- waska. I bought land from J. Souci: he had a grant from the government of this Province. I bought it six years ago. I have been a constable for two years for the parish of Kent. I was obstructed in my duty of constable by Baker, Bacon, Bartlett, Savage, Shelly, and Jones. I had an execution from Mr. Morehouse against J. Bacon. I asked Bacon if he would come? He said he would not leave the place. Baker said, it is of no use for you to go there; you shall not have the man. Bacon talked about settling it. Baker said, Bacon you must not settle it now; you must settle it another time; I will not allow any officer to go up there. He asked me if I had any authority to go there. I showed him the warrant: he said, if it came from the States he would mind it; but it was only from Mr. Morehouse, and he would not mind it. They pre- vented my taking Bacon, who refused to go. This took place near Baker's mill.
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Edward William Miller, Esq., sworn. I am high sheriff of the county of York, and have been so since 1814. I have been acquainted with the Madawaska settlement seven years. I never could make any division in the settlement between the upper and the lower. When I first knew it, it extended to seven miles from the Falls; lately, it has come within three or four miles. I know the Meriumpticook river. I have been in the habit of serving writs throughout the whole of the settlement, the same as in any other part of my baili- wick. When I first became acquainted with the settle- ment, I considered the inhabitants under the jurisdic- tion and government of this Province, without any dis- pute whatever. The distance is so great, I have never summoned them as jurors: it would be so inconvenient to attend: the inhabitants serve in the militia. I never met with any obstruction in the discharge of my duty.
Peter Fraser, Esq., sworn. I have been an inhabit- ant of this Province since 1784 : am acquainted with the Madawaska settlement. It is about seven or eight years since I was first there; but I have been acquainted with the settlers since 1787. I considered them always under the government of this Province. The first settler I knew was Capt. Duperree, a captain of the militia of this Province: the date of his commission was between 1787 and 1790. He resided in the settlement. The settlers have voted at elections : there was some difficulty at first in their doing so, on account of the oath which was required to be taken, as they were Catholics; but when this was altered, they have voted without diffi- culty. To my own knowledge, they voted in 1809, and ever since. I consider the Madawaska settlement as extending from the Great Falls to the Canada line. I have been where Baker lives; and always deemed the part above the Madawaska river as in the Madawaska
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