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 23
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The undersigned has much pleasure in renewing to His Excellency, Major General Sir John Harvey the assurances of his ancient high consideration and respect.
WINFIELD SCOTT.
To a copy of the foregoing, Sir John Harvey annexed the following :-
The undersigned, Major General Sir John Harvey, Lieutenant Governor of Her Britannic Majesty's Province of New Brunswick, having received a proposition from Major General Winfield Scott of the United States Army, of which the foregoing is a copy, hereby, on his part, signifies his concurrence and acquiescence therein.
Sir John Harvey renews with great pleasure to Major General Scott, the assurance of his warmest personal consideration, regard and respect.
J. HARVEY.
Government House, Fredericton,
New Brunswick, March 23, 1839.
To a paper containing the note of General Scott, and the acceptance of Sir John Harvey, Governor Fairfield annexed his acceptance in these words:
Executive Department, Augusta, March 25, 1839. S
The undersigned, Governor of Maine, in consideration of the foregoing, the exigency for calling out the troops of Maine have ceased, has no hesitation in signifying his entire acquiescence in the proposition of Major General Scott.
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OF PISCATAQUIS COUNTY
The undersigned has the honor to tender to Major General Scott the assurance of his high respect and esteem.
JOHN FAIRFIELD.
(From Bangor Whig, April 12, 1839.)
THE SOLDIER'S RETURN.
On Wednesday evening, about 6 o'clock, the Bangor Independent Volunteers marched into the city, under command of Lieut. Dunning, on their return from the Aroostook. The Company numbered about fifty, princi- pally young men, who are known as among the most respectable and enterprising of the city. We were rejoiced to preceive so much interest and spirit mani- fested at their return. They marched with a firm and elastic step, to the tune of Home! Sweet Home! The appropriateness of the music to the ocassion, excited one common impulse of satisfaction. We have rarely known an instance which appealed so directly to the heart.
Tuesday evening, the Hancock Guards, a rifle com- pany, under command of Capt. Wing, arrived, also. This is a fine company, from Castine and Bluehill. They were furnished for the campaign with Hall's Patent Rifles.
The appearance and bearing of these Companies do honor to the Militia of the State, and to their com- mander, Gen. Hodsdon. They have discipline and skill, almost equal to regular troops and perform the duties of the soldier in a manner deserving great praise. Let those who have been induced to speak lightly of the militia system, view these men and ask themselves, where else they would look for defence of our country against foreign aggression. And who are the men who
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deserve sympathy and respect, if not those who so willingly have borne the hardships and privations of a winter campaign exposed to all the fatigues they are called upon to endure.
Gen. Hodsdon, a few days ago, ordered Col. Stevens to Bangor, to cause temporary Barracks to be erected on Thomas's Hill for the accommodation of the troops on their return. They will rendezvous at this place and be paid off as fast as may be convenient. It will however, be a work of several days. The men were principally supplied with arms by the State, and their old guns will be returned to them when the State's arms are surrended. As the troops will come in by companies or small detach- ments, some days must necessarily elapse, before they can be paid off and disbanded.
We think Gen. Hodsdon deserves much praise for his forethought in this matter. We all recollect the incon- venience of quartering 600 men under Gen. Bachelder's command in the midst of the city. Besides, these soldiers deserve better treatment, after their long march through the mud, than to be crowded in large companies of 50 or 60 men, into a room or two, 15 by 18, at this season of the year. We suppose they will be reviewed here by Gen. Hodsdon, and our citizens gratified by a display of their military discipline.
LETTER FROM JAMES SULLIVAN.
Scoodiac Falls, Sept'r 29th, 1796.
Brother :
I came here with a hope to see you-I am agent for the United States to appear before men who are appointed to find the river the United States and the King called St. Croix when the States became a great
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nation. The men who are come and coming, want to hear what your old men can tell them truly on that question. I invite you to come before them with three or four of your old men at St. Andrews on friday the next week. I want you to tell them what is there and I will pay you for your time what ever is right-
Brother :
You know that the United States is your friend-you know that Massachusetts considers your tribe as her children and you will not be unwilling to come at their call to tell the truth.
I am your Brother
JAMES SULLIVAN.
To Francis Joseph Governor the
Passimaquody Indians.
:
State Papers Relative to the North Eastern Boundary Controversy
T HE following is a part of the original correspond- ence between the executive departments of the United States and of the State of Maine relative to this international dispute. The original documents are deposited in the Maine State Library.
His Excellency, Albion K. Parris. Governor of Maine, Portland, Department of State, Washington, 25 November, 1825.
Sir,
I have the honour to transmit herewith to your Excellency, a copy of a Note with its accompany- ments, received at this Department, from the British Minister; and to request that you will afford me such information on the subject matter of it, as shall enable me to present to the British Minister satisfactory expla- nations of the transactions to which his communication refers. It will occur to you, of course, as being proper that I should be informed whether the persons acting as the Agents of Massachusetts and Maine have been duly constituted such; what they have been authorized and directed to do, and by what authority, and what in fact have been their official transactions, at least, so far as regards the complaint of the L' Governor of New Bruns-
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wick. I will be obliged to your Excellency for the information desired as soon as your convenience will admit of its transmission. In the meantime I offer you assur- ances of the distinguished consideration of your Obedient Servant.
H. Clay.
Washington, Novr 15th, 1825.
Sir,
I have the honor to lay before you a copy of a letter with its enclosures, which I have received from Sir Howard Douglass. His Britannic Majesty's Lt Gov- ernor of New Brunswick.
It appears that two American citizens representing themselves to be accredited Agents of the Common- wealth of Massachusetts, and the State of Maine, have circulated a Notice among the settlers upon the Rivers St. John & Madawaska, that they were authorized to execute deeds of conveyance of Lands in those Districts; and the same persons on their passage through the settle- ment of Madawaska, endeavored to induce the men belonging to the Militia not to attend the general train- ing, asserting that they could not be fined for their absence, as the territory which they occupied belonged to the United States.
I regret that the difference of opinion which has resulted from the deliberations of the Commissioners under the 5th article of the Treaty of Ghent, for fixing the boundary between the possessions of His Britannic Majesty and the territory of the United States has not yet been adjusted, and that an opening is thereby left for complaints of the Nature I am now called upon to represent to you-I am sure, however, that you will con- cur with me in opinion, that so long as the question of
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the boundary remains in the present undecided state, it will be the duty of our Governments to controul, mutu- ally, any conduct on the part of their respective sub- jects which is calculated to produce disunion and dis- agreement.
I trust, therefore, that the conduct of the individuals which I have thought it my duty to bring before you, will meet with the disapprobation and discountenance of the Government of the United States.
I have the honor to request, Sir, that you will accept the assurances of my highest consideration.
Signed-Chas. R. Vaughan.
The Hon'ble Henry Clay &c. &c.
Frederickton New Brunswick, October 24th 1825.
Sir,
I have the honor to transmit to your Excellency, copies of two papers communicated to me from Peter Fraser Esq., one of the Magistrates, and commandant of a Battalion of Militia in the county of York in this province, stating the conduct of two American Subjects who have represented themselves as accredited agents of the Commonwealth of Massachusetts, and State of Maine.
I submit to your Excellency's consideration the pro- priety of making a representation to the American Gov- ernment, and demanding that an immediate stop be put to practices which have such a marked tendency to sow dissension, and insubordination in settlements long since established by grant from His Majesty, and considered as subject to the British Crown, and which, if persisted in, may lead to serious consequences which it will not be in my power to prevent.
1
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OF PISCATAQUIS COUNTY
I have the honour &c. Signed' Howard Douglas The Right Hon. Chas. Vaughan &c &c &c.
We the subscribers, Land Agents for the Common- wealth of Massachusetts, and State of Maine, hereby give notice, that We are authorized and directed by the Legislatures of said Commonwealth and State, to make and execute good and sufficient deeds conveying to each settler on the Saint Johns and Madawaska Rivers, now in actual possession, their heirs or assigns, one hundred acres each of the land by them possessed to include their improvements on their respective lots, they paying to the Undersigned for the use of said Commonwealth and State, ten dollars each, and the expense of surveying the same. -
Those persons desirous of availing themselves of the above advantage may obtain the same by applying to Samuel Cook Esq. of Houlton Plantation, who will be authorised to survey the same, and deeds will be executed comformable to said Cook's survey whenever the same is made and plans returned to us. - -
Signed' George W. Coffin- Signed' James Irish-
Madawaska Oct". 3d 1825.
Madawaska Octr. 8th 1825.
Sir,
On the second inst. two Americans passed through here to Bakers, at the head of the settlement on the St. Johns River. They are Land Agents from the Common- wealth of Massachusetts, and the State of Maine- - They returned on tuesday, and on their way down offered
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money to the Militia men not to appear at the general training, on that day, and said to them, that this part of the country belonged to them, we could not fine them for non-attendance. They also left at Captain Firman Thibedaus, on the same day, the enclosed paper for him to make public in the settlement, which you will be pleased to lay before His Excellency, the Governor. - -
These Americans came, and returned so rapidly, that I had it not in my power to see them personally, for, if I had received the enclosed paper, and the information of their having offered Money to prevent the Men from attending the training, before their departure from here, I would have considered it my duty to have sent them down prisoners to Frederickton. - -
I have the honor &c &c. P. Fraser Major Com% 4(?) Bat". Y. C. Militia.
The Hon'ble Lt Col. Geo. Shore
Adjut. Gen' Y. C. Militia-
His Excellency Albion K. Parris, Governor of the State of Maine.
Department of State Washington 29 January 1827.
Sir,
I have the honor to transmit to your Excellency the Copy of a Letter from the British Minister here, under date the 16th of this month, upon the subject of the Eastern line of Boundary under the Treaty of Ghent, and complaining, at the suggestion & upon the informa- tion of the Lieut. Governor of New Brunswick, of further proceedings of Persons calling themselves Land- Agents and Surveyors, under the authority of the State
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of Massachusetts and Maine, in laying out Townships in the disputed Territory in that quarter.
I am fully persuaded of your Excellency's disposition to take the steps required by the occasion for arresting the proceedings complained of- on the part of the Citi- sens of Maine, so far as they may be found repugnant to the conciliatory Course recommended by the President, in the Letter, which I had the honor, by his direction, to address to you on the 4th January 1826, and it is with this view that I now transmit to your Excellency the Copy of Mr. Vaughan's Letter, above referred to.
I am, with great Respect, your obedt. Servt.
H. Clay.
Washington
16th January 1827.
Sir,
About the latter end of the year 1825 and about the beginning of the last year, a correspondence took place between us, relative to encroachments of persons calling themselves Agents from the States of Maine, and Massachusetts, in the Territory in dispute between His Majesty's Government, and that of the United States, in consequence of the unsettled state of the North Eastern Line of Boundary under the Treaty of Ghent.
The representation which I had the honour to make was promptly answered by the Government of the United States. An enquiry into the circumstances of the encroachments complained of took place, and a spirit of forbearance and moderation was inculcated by the directions of the President, which induced me to hope that I should not have occasion to recur again to a representation of a similar nature.
I have received however, a Letter from Sir Howard
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Douglas, His Majesty's Lt. Governor of New Bruns- wick acquainting me with some further proceedings of persons calling themselves Land-Agents, and Surveyors, acting under the authority of the Governments of the States of Maine, and Massachusetts, in surveying, and laying out Townships in the disputed Territory in question.
The particular Acts which have excited uneasiness in the Government of New Brunswick, are, the laying out of Land into Townships, and marking out roads within a Territory, the assignment of which is not yet made to either of the Parties under the Treaty of Ghent.
My former representation was met by you in so con- ciliatory a spirit, that I am encouraged to hope, that the intervention of the Government of the United States will be effectually exerted to induce the Govern- ments of the States of Maine and Massachusetts to abstain from measures which can be construed into a premature exercise of authority in a disputed Territory, and which may lead to collision of a most disagreeable nature between the Settlers in that Territory.
I think it adviseable to make you acquainted without delay with the complaint which I have received from the Lt. Governor of New Brunswick, whom I beg leave to assure you cautiously abstains on his part from exercising any authority in the disputed Territory which could invite an encroachment, as a measure of retaliation.
I have the honor to request, that you will accept the assurances of my distinguished Consideration.
Signed' Chas. R. Vaughan.
The Hon'ble
Henry Clay,
&c. &c. &c.
*
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Executive Department of Massachusetts.
To his Excellency Enoch Lincoln
I recently received from the Department of State of the United States, a communication covering a copy of a note, addressed by the British Minister resident at Washington, to Mr. Clay, in which the former complains, in behalf of his Government, of acts of encroachment and aggression by American Citizens, upon the territory claimed to be within the Jurisdictional limits of his Majesty's Province of New Brunswick. - - The occasion of the communication referred to may probably have relation to the exercise of the rights of property and possession under the authority of this Commonwealth, and the State of Maine, in the Surveys and division of the pub- lic lands and the location of the Road from the Matta- wamkeag Stream, to the mouth of Fish River, the last season. Presuming that you have likewise been addressed by the secretary of State on the subject of Mr. Vaughan's note, I beg indulgence in asking your corres- pondence upon the facts which are supposed to exist, and the benefit of such information as you possess of the merits & probable issue of the controversy, concerning our North eastern Boundary, -- And the evidence by which it may be justly established by title, or by posses- sion and occupancy, on our part, and acquiescence on the part of the British. The difficulty seems to lie in the application of the description of the Boundary, as defined by the Treaty of 1783, to the face of the Country. A practical construction, coeval with the date of the compact would have much force, in determining the intention of the parties. While it Cannot be admitted, that there is anything uncertain or ambiguous in the language of the Treaty, the pertinency of it, to the indiciae of the Line, upon which we insist, can only
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be maintained by facts and appearances obvious to distinct and certain observation.
Will you also be pleased to favour me with your advice of the Measures, which the Government of Maine propose in regard to the Management of the property of this part of our Territory. It certainly is desirable that while we insist upon the rights of the States to their full extent, and omit nothing by which they may be success- fully vindicated, we forbear in respectful deference to the suggestion of the Natural Executive, all unneccessary Acts of proprietorship and Jurisdictional Authority, which would lead to collisions between the citizens and subjects of the respective Governments, or create embar- rasment in the progress of negociation, for a final settle- ment of the controversy.
May we not without serious predjudice suspend the making of the Fish River Road, Another Session? I am not aware that any other definite work, has been proposed, the execution of which would conflict with the wishes, expressed in the Letter of the Secretary.
With earnest and interesting assurances of that great regard, which belongs to our official as well as personal relations
I am &c
Levi Lincoln.
His Excellency Enoch Lincoln, Governor of Maine.
Department of State. Washington 27 March 1827.
Sir,
I have to acknowledge the receipt of the Letter which your excellency did me the honor to address to me on the 20th instant, with a Copy of the report of the Joint Select Committee of the Senate and House of Representatives of the State of Maine, enclosed, both of
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OF PISCATAQUIS COUNTY
which I have submitted to the President. The deep interest which is taken by the State of Maine in the settlement of our North Eastern Boundary with Great Britain, is very natural. And I assure you that it is a subject on which the President feels the most lively solicitude. Mr. Gallatin is charged with, and has actually entered on, a negotiation concerning it, but which was not brought to a close at the last dates from him, nor is it probably yet terminated. At that period, the prospect was, that there would be no other alterna- tive than that of referring the difference between the two governments to arbitration, according to the pro- visions of the treaty of Ghent. Much difficulty was experienced even in adjusting certain preliminary points necessarily connected with the reference, and they have not yet been finally arranged.
When an application was made, during the Session of Congress prior to the last, by the Senators of Maine, for Copies of all the papers in this Department respect- ing the disputed boundary, it was not deemed expedient to furnish copies of the Reports and arguments of the Commissioners, the publication of which, it was believed, would be prejudicial. Copies of any surveys, Maps, or documentary evidence, were offered. The same con- siderations, which then existed, are still believed to be opposed to letting Copies go from the Department of those reports and arguments. With that exception, copies of any of the other papers returned by the Com- missioners will be furnished whenever application is made for them.
It is stated in the Report of the joint select Com- mittee that "We cannot view the acts complained of by the British Governments as encroachments upon the rights of New Brunswick or Great Britain, for they relate and were only intended to relate to the territory
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within the description of the treaty." Although the President might be disposed entirely to coincide in this opinion with the State of Maine, it must not be for- gotten that an opposite opinion is entertained by Great Britain with whom we are now treating. If, whilst the controversy is unsetled, and during the progress of a negotiation, each party proceeds to take possession of what he claims to belong to him, as both assert title to the same territory, an immediate collision is unavoid- able. British Government has abstained, according to the assurances given through their Minister here, from the performance of any new Acts which might be con- strued into an exercise of the rights of soverignty or soil over the disputed territory; and they so abstained. on our representation, and at our instance. Under these circumstances the President continues to think, that it is most advisable that we should practice the like for- bearance as recommended in the Letters, which I had the honor of addressing to your Excellency on the 4th January of the last, and the 29th of January of the present, year. This mutual forbearance is believed to be essential to the harmony between the two Countries, and may have a favorable tendency in the amicable adjustment of the difference between them.
It is worthy also of consideration that, although Maine is most, she is not the only State, interested in the settlement of this question.
Your Excellency may be perfectly persuaded, that every effort will be employed to obtain a satisfactory and as speedy a decision of this matter as may be practicable ; and that not less attention will be paid to it, than has been shown on the part of the Executive of the United States in the adjustment of their boundary in another part of the Union to which you refer, whilst it is hoped
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that some unpleasant incidents, which occurred there, may be avoided in the North East.
.I transmit herewith, for the consideration of your Excellency, an extract from a despatch of Mr. Gallatin under the date the 30th October last.
I am, with great Respect, Your Excellencys obed-Servt.
H. Clay.
Extract of a letter from Mr. Gallatin to the Secretary of State, dated London 30. Oct" 1826.
"Permit me to add an observation on the subject of compromise. Agents had been appointed by the States of Massachusetts and Maine, whose operations have since been suspended at the request of the General Gov- ernment, for purposes connected with the rights of soverignty and soil of those States to the disputed terri- tory,-It would seem, from certain proceedings of the Legislature of New Brunswick, that some of those agents, besides performing their duties, suggested that an amicable arrangement of the boundary might take place, by making the river St John's the line of division. This suggestion appears to me incautious; and I think that the States ought to be put on their guard on that subject. It must not be forgotten that the chance of an arrangement by compromise is extremely uncertain, and the necessity of resorting to the arbitration very prob- able. An umpire, whether he be king or a farmer, rarely decides on strict principles of law : he has always a bias to try if possible to split the difference: and with that bias, he is very apt to consider any previous pro- posal from either party as a concession that his title was defective, and as justifying a decision on his part that will not displease too much either party, instead of one
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founded on a strict investigation of the title. It seems, indeed, that in any negotiation which may take place for a compromise, any proposition on our part inconsist- ent with our construction of the treaty, and which would not secure to us all the waters that empty into the St John's West of the line running North from the source of the St Croix, would be dangerous. If such proposal, deemed on the whole better than to run the chance of an arbitration, comes from Great Britain, it may then, but, I think, not till then, be taken into consideration."
Department of State. Washington 7 May, 1827.
To His Excellency E. Lincoln :
Sir :
I have the honor to acknowledge the receipt of your excellency's letter of the 16th ult mo, and to inform you that I have submitted it to the President. The solici- tude which is felt by your Excellency and the Legislature of Maine, in regard to the settlement of our northeastern boundary, so interesting to that state, and so important to the whole Union, is perfectly natural, and justly appreciated by the President. And he is intirely dis- posed to communicate any information in the possession of the Executive of the United States on that subject which can, in his opinion, be communicated without the danger of public detriment. Accordingly, when, at the session of Congress before the last, an application was made at this Department, by the Senators from Maine, for copies of all the papers, maps, and other documents reported by the Commissioners who were appointed under the fifth article of the Treaty of Ghent, it was stated to those gentlemen that the copies would be furnished whenever requested, with the exception of the reports
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