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 24
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and arguments of the Commissioners, transcripts from which, considering their peculiar character, in the then state of the question, the President did not think it expedient to allow to be taken. The Senators from Maine availed themselves of the permission, and obtained copies of some of the maps. Copies of all the papers reported by the Commissioners, which are very volumi- nous, would require the services of two or three copyists for many weeks; but the labour of preparing them would be cheerfully encountered for the accomodation of the State of Maine.
The negotiation with Great Britain is still pending, but there is reason to expect that it will soon be brought to some conclusion ; perhaps in a shorter time than would be requisite to copy and transmit the papers reported by the Commissioners, to your Excellency. The President continues to think that the public interest requires that the communication of transcripts of the reports and arguments of the Commissioners, even under the limita- tion proposed by your Excellency, should be postponed for the present, and until it can be made without the wish of any injurious effect upon the state of the nego- tiation. Your Excellency's experience in public affairs will enable you to make a just estimate of the reserve and delicacy which ought to be observed in all negotia- tions with foreign Powers involving subjects of deep national interest. This consideration has such weight that it is the uniform practice of Congress, as no one knows better than your Excellency, to annex a qualifi- cation to the calls which are from time to time made, for papers relating to the Foreign negotiations of the Government. There would not be the smallest objection to an exhibition to the inspection of your Excellency, or confidentially, to any person that you might think
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proper to designate, of all the papers, without exception, reported by the Commissioners.
I abstain from a particular notice of many of the topics of your Excellency's letter, not from the least want of respect, (on the contrary I entertain the high- est, personally and officially) for your Excellency, but from a persuasion that the discussion of them is without utility. It has been thought most profitable to limit my answer to the specific requests contained in your letter.
I transmit, herewith, in conformity with your wish, a list of the papers reported by the Commissioners, copies of any of which may be procured, for the use of the State of Maine, whenever desired, with the exception which has been stated.
I am, With great respect, Sir, your obed. hu. servt H. Clay.
14 A List of Books, papers &c. relative to the Vth Article of the Treaty of Ghent.
Books.
Vol. I. Journal of Commission.
Vol. II. Claims of Agents.
Contains Claim of the Agent of the United States. First Memorial concerning the Northwest Angle of Nova Scotia and the Northwest- ernmost head of Connecticut River &c. By the Agent of H. B. Majesty. Second Memorial concerning Same. By Same.
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Vol. III. Answers of Agents.
Contains A reply to the Memorial of the Agent of the United States filed 8th june 1821 exhibit- ing the line of the boundary of the U. States from the Source of the River St Croix to the Iroquois or Cataraquy.
Answer of the Agent of the U. States to the claim and opening argument of the Agent of H. B. Majesty.
Recd August 10th 1821.
Vol. IV. Replies of the Agents.
Contains The Reply of the Agent of the United States to the answer of the Agent of H. B. Majesty to the claim and opening argument of the Agent of the United States &c.
Recd Sept" 27th 1821.
Observations upon the Answer of the Agent of the United States to the Claim and open - ing argument of the Agent of H. B. Majesty.
Vol. V. General Appendix.
Contains Reports of the Surveyors and Astronomers, and Documents referred to in the Arguments of the Agents. Appendix to British Agent's Reply.
(Duplicate) Report of Commissioners C. P. Van Ness.
Report of the Commissioner of H. B. Majesty Addressed to the Government of the United States.
Appendix to the Report of H. B. Majesty's Com- missioners.
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INDEX.
Numbers referred to in the U. S. Numbers referred in the Brit- ish Arguments.
Argument.
1. Mª Johnson's Survey of the Line north from the St Croix in 1817 1
2. Col. Bouchett's Survey of the same Line, 1817 2
3. Mr Johnson's Further Survey of the North Line and adjacent country in 1818
3
4. Mr Odell's Further Survey of the North Line
H
5. Capt Partridge's Section of the Country from Point Levi to Hallowell, Maine 1819 of the different Heights, through the Grand Portage of Matawasca and St John Rivers of Mars Hill 6. Survey of the Restook Sec- tion of the Same and of Mars Hill . 7. Mr Odell's Survey of the Restook with a Sketch of the Country as viewed from Mars Hill and the vicinity of the Houlton Plantation
Mr Hunter's Survey of the Allaguash River
8. 9. of the Penobscot, First Part
G 6 7
10. of the Penobscot, second part 8
11. Mr Burnham's Survey of the Branches of Connecticut River . B
12. Doc. Tiark's Survey of Connecticut River and its Tributary Streams .
A
13. Mr Burnham's Survey of Memkeswee and Green Rivers, and Beaver Stream . . 9
4
5
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14. Mª Burnham's survey of Tuladie River and . Grand Portage . . 10
15. Doc. Tiark's Survey of Tuladie and Green Rivers .
11
16. Mr Loring's Survey of Penobscot River 12
17. Mr Loring's Survey of Moose River 13
18. Mr Campbell's Sketch of the Height of Land annexed to M' Odell's Report of the Sur- vey of 1819 F
19. Mr Hunter's Survey of the River St John 14
20. M' Loss' Survey of the River St John . 15
21. Mr Partridges' Survey of the Chandiere, the source of the Dead River, and the east Branch of the Connecticut 16
22. M' Carlile's Survey of the Head Waters of the Chaudiere & Kennebeck Rivers . . 17
23. Mr Burnham's Survey of the River Ouelle & of the Source of Black River 18
24. M' Carlile's Survey of the Same Rivers 19
25. Mr Burnham's Survey of the Sources of the Metjarmette, Penobscot and St John Rivers 20
26. Mr Carlile's Survey of the same Sources 21
27. Col" Bouchett's Barometrical Section of the Line north from the St Croix 22
28. Extract from Carrigan's Map of New Hamp- shire C From Mitchell's Map of Connecticut River D
Col" Bouchett' concerning the parellel line E 29. Extract from Mitchel's Map as first filed by the British Agents.
30. Plan of the former Survey of the Latitude of Forty five degrees North in 1774.
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ADDITIONAL.
Map of the Country explored in the years 1817, 1818, 1819 & 1820 by order of the Commissioners under the 5th article of the Treaty of Ghent.
Map referred to in the British Agent's Reply.
A. Map of Connecticut River by Doctor Tiarks.
B. Streams Tributary to Connecticut River by Mr Burnham.
C. Extract from Carrigains' map of New Hampshire.
D. Extract from Mitchells Map shewing the heads of Connecticut River
E. Col. Bouchett's plan showing the different lines considered as the parallel of 45º North
F. M. Campbell's Sketch of the height of land annexed to M' Odell's Report of the Survey of 1819
G. M. Odell's plan of the Survey of the Restook with a Sketch of the Country as viewed Hill and the vicinity of Houlton
H. Extract from M. Odell's plan of the due North Line explored in 1818
I. General extract from Mitchell's map .
K Corrected Copy of same Extract . Filed August 14, 1821 (signed) S. Hale, Secretary.
Title of the British Copy.
This atlas (containing the Copies of Maps and parts of Maps and plans with the exception of the last Mitchell's Map which was filed as thereon stated) accom- panied the answering argument of the Agent of H. B. Majesty filed on the 14th of August last.
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Department of State, Washington, 9th June, 1827.
His Excellency Enoch Lincoln :
Sir:
The President has received the letter which your Excellency addressed to him, under date the 29th ultimo; and I am charged by him to convey to you his assurances that your observations on the interesting sub- ject of our Northeastern boundary shall receive attentive and respectful consideration. I beg leave to add that in no contingency is any arbitration of the difference between the United States and Great Britain, relative to that boundary, contemplated, but that for which pro- vision has been solemnly made by treaty. It would afford great satisfaction to the President if a resort to that alternative for quieting the dispute could be avoided, by obtaining from Great Britain an explicit acknowledg- ment of the territorial claims of Maine, in their whole extent. Candor, however, compels me to state, that the prospects of such an acknowledgment, at the present time, are not encouraging.
I avail myself of this occasion to renew to your Excel- lency assurances of the high respect and consideration of
Your obedient servant,
H. Clay.
Department of State Washington 15 June, 1827.
His Excellency Enoch Lincoln
Governor of Maine.
Portland
Sir :
I was directed by the Secretary, before his departure from this City, a few days ago, on a visit to
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Kentucky, to have copies prepared of the Books &c. &c. requested in your Letter to him of the 29th of May, and to transmit them to your Excellency, with all possi- ble despatch; and I have just collected together the manuscript Books containing the arguments of Mr. Chipman and Mr. Sullivan, agents under the Commission for determining the true St. Croix, and those containing the arguments of Mr. Austin and Mr. Chipman, agents under the 4th Article of the Treaty of Ghent, together with the Reports of the Commissioners in both cases, fourteen in number, and averaging, each, about two hundred and fifty pages of close writing on foolscap paper ; transcripts of these being particularly noticed by you as wanting. Added to those, the Arguments, Reports and Papers, including the Maps, under the 5th Article of the Treaty of Ghent which come, it would seem to me, within the scope of your request, embrace a mass of writing nearly as voluminous as that of these Books. I take the liberty under these circumstances, of troubling your Excellency with this Communication, to apprise you of the extent of the transcripts which appear to be thus required, and of the delay which must, of consequence, attend this execution of your Excellencys commission, as it is, at present, understood by me.
I beg leave, however, to state that the subject is in- volved in so much obscurity from the prolix and compli- cated arguments, reports and replies of the several Commissioners, Agents, Astronomers and Surveyors, that I do not like to venture upon making a selection for the copyists, though I feel fully persuaded that this might be advantageously done, to the great abridgment of their work and to the expediting of the fulfilment or your wish. The Senators from your State, Messrs Holmes and Chandler, have seen the Books, and, as well I recollect, were furnished with copious extracted from
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them ; and perhaps, they might favour this Department, through your Excellency, with some suggestions leading to a convenient curtailment, which should, nevertheless, be entirely compatible with your excellency's object, in reference to the copies required by you.
I have the honour to be, with the highest respect, your Excellency's obedient humble servant, - Daniel Brent.
Monmouth 4 July 1827
Hon Enoch Lincoln Governor of Maine Sir
I have the Honor to receive your Communi- cation of the 27 June, in reply to which will observe, that, although I saw the Books containing the argu- ments of the agents, Mr Chapman and Mr Sullivan under the commission for determining the true St. Croix, and those containing the arguments of Mr. Austin and Mr. Chapman agents under the 4 article of the treaty of Ghent, together with the reports of the commissioners in both cases also the notes of the Surveyors, and the estronomical observations, but it was some time ago and it would be impossible for me to form an opinion what part of either could be abridged with any advantage to the State, unless you should think that the estronomical part may be, of this you can Judge much better than I can. with respect to all the other part it would Seem to me that the Legislature expected the whole, & I Should think it necessary. Indeed they ought and I presume will be furnished without expense to the State, we have a right to expect it. it would be very extraordinary if after paying our proportion of Millions for making roads & canals in other States we should be called upon to pay
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for copying papers in one of the departments, which are important to the State as it respects Jurisdiction and Ter- ritory, both of which are disputed by a foreign Country, and as it would be impossible to say what you could dis- pense with in Justice to the State, I Should think it the Safer Course to ask for the whole. I would say nothing about paying for copying, nor would I pay a cent for it, the appropriation not withstanding, let them ask the State to pay for copies of papers necessary for a State, they never will do it, we shall not be indebted to the general government if we git the whole, and I would ask for the whole. Mr Brent mentions Mr Holmes & my selfe having had extracts. I do not Recolect what we took, except a map, all we did take however was for- warded to the executive department of this State. you will pardon me for the positive manner in which I give an opinion when I assure you nothing improper is in- tended
Very Respectfully your Humble Servt . John Chandler
To his Excellency Enoch Lincoln, Governor of the State of Maine
We, whose names are hereto signed have been chosen and sent by a considerable portion of the American Citizens, residing in the Madawascah Settlement so called to make a representation of their condition to the public authorities of this State, and the Legislature not being in session, we pray leave to make the same to your excellency, the chief magistrate thereof.
In performance of this duty they would humbly make known to you, that themselves and their constituants are situated far from their own government, and exposed
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to and actually suffer annoyance and oppression from the foreign government of New Brunswick.
That they themselves hold their title to their lands by virtue of deeds from Massachusetts and Maine Agents ; and that all our constituents have also applied for the like, and authorized us to act in that behalf for them ; but that the government of the adjoining province regards and treats them in all civil respects as aliens. It denies their right to hold their lands there situated in fee simple on the ground alleged of their being aliens. It assesses upon them and demands the alien tax. It refuses to allow them the right of transmitting their produce as American; and has actually seized such, refusing to receive the duty thereon-and manifest a disposition to harrass and drive us by force and violence out of the country.
When the agents of the two States were with us they authorized the undersigned James Bacon to receive ap- plications for timber and to give license for selling the same; Whereupon a person by the name of Morehouse, under taking to exhibit himself as a magistrate, forbade my acting and threatened to imprison me if I should proceed. He also demanded the deed of the said John Baker upon similar threats, And the government of the Province has claimed the timber cut on lands thus conveyed and treats the same as forfeited.
On the fourth of July last we were met together in a peaceable manner, upon the land conveyed as before said, to commemorate the anniversary of American Inde- pendence ; and the same gentleman M" Morehouse appear- ing and acting as a magistrate commanded us in the name of the King to pull down our flag, raised on that occasion.
Over the other inhabitants situated in the same district the English agents and officers, acting as magistrates &c
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undertake to exercise the same authority and power that they do over the natural subjects of the Province. They require them to train in militia, impose fines for not per- forming such service, and seize and sell their property by distress, therefor. They also send their civil writs and precepts in the same manner among us all, requiring us all alike, as the case may be, to appear before their magistrates in New Brunswick and attend their courts at Fredericton- And in all these particulars ourselves and our fellow citizens in the same conditions with ourselves are exposed to and do actually Experience great grievances-
That their constituents are very anxious and uneasy on account of the long delay of settling the line with New Brunswick, labouring in the meantime under the want of protection from the state, and of all the advan- tages of government.
That there are not far from three thousand inhabitants in the District of Madawascah. That the main branch of the St. Johns is boatable an hundred and eighty miles or more, above the intersectiary boundary line, with a great number of streams entering into it and navigable in the same manner, particularly the Alleguash, which contains several lakes, and there are two considerable lakes at the head of the main branch of the St Johns ;- the St Johns winding round to a low portage adjacent to the Penobscot, distant about a mile and a half between. And the Alleguash comes within two miles of a lake issuing into the Penobscot, making also a portage. The said Baker believes he is the first American that visited and surveyed the first above mentioned portage- and has been six seasons successivily hunting among the head branches of the great St. Johns. and they both per- formed their present journey by the river Alleguash, and traversing so round through Moosehead Lakes, in
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OF PISCATAQUIS COUNTY
their canoe to the Kennebec. That the said Baker is thereby enabled specially to state that the St. Johns river embraces and waters a very extensive and valuable territory, generally good land, and the most part of it highly fertile, more so probably than any part of the State. That the same contains a large body of valuable white pine timber- that the quality of the land for set- tlement is very fine and the proportions fit therefore very large, as much in their opinion as three fourths thereof and quite free from swamps, ledges, &c. Great crops have been raised in Madawascah for several years past- Latterly sufficient for their own consumption and the support of emigrants thither, besides Exporting four or five thousand bushels to Canada. The lands between the main waters of the St Johns and the St Lawrence are principally high- but some of the tribu- tary streams of both are very nigh, descending from the same eminence- and the principal communications with the country on the St Lawrence are by the Madawascah and St. Francis. - Inhabitants are frequently coming in,- but substantial people are afraid to vest their property in such an unsettled state of the country, and the natural increase of population and settlement is by these causes much embarressed and obstructed, - But for these causes, in their opinion, a constant influx of useful and valuable settlers might be expected into this tract of country forming their families and establishments around them and conducing to the strength, security, cultivation and prosperity of the State.
Your petitioners are unable fully and circumstantially to set forth all the evils and disadvantages under which they lie, from the absence of the protecting and foster- ing hand of government, and indeed from the total privation of any regular established authority of their own .- They therefore on behalf of their constituents
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earnestly supplicate that the guardian care of the state may in some measure be extended over them, as citizens of this state and of the United States; that they may be enabled to exercise and enjoy a suitable portion of the proper rights of a civil community, and that they may at a due period be admitted to the invaluable rights and franchises belonging to members of districts or plantations, of being provided with their own officers and magistrates, and being represented in the councils of the state.
John Baker Committee of American Citizens James Bacon of Madawascah.
Cumberland ss Sept" 1st 1827 The above signed John Baker and James Bacon personally appeared and made oath to the truth of the foregoing declarations accord- ing to their best knowledge and beleif respectively before
C. S. Davies Justice of the Peace.
His Excellency Enoch Lincoln,
Portland, Maine.
Department of State Washington 14 Sept" 1827.
Sir,
I have received the Letter which your Excellency did me the honor to address to me on the third instant, and I have lost no time in transmitting a Copy of it to the President of the United States who will no doubt give to it the most respectful and deliberate examination. In the mean time, I have also transmitted an Extract from it to the British Minister, accompanied by the expression of a confident expectation that the necessary orders will be given, on the part of the British Govern- ment, to enforce mutual forbearance from any new acts
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tending to strengthen the claims of either party to the disputed territory, which it has been understood in the correspondence between Mr Vaughan and myself, would be observed, on both sides.
I have the honor to be With great respect, Your Excellency's ob. Servt. H. Clay
Department of State. Washington, 19th September 1827. His Excellency Enoch Lincoln, Governor of Maine. Portland.
Sir,
I have the honor to transmit to Your Excellency the enclosed copy of a letter from the British Minister, with copies of its enclosures, in answer to the communi- cation which I made to him on the 14th. instant, and to which I referred in my letter to Your Excellency of that date, upon the subject of an alleged undue exercise of jurisdiction in a settlement upon the river St. John, within the territory in dispute between the United States and Great Britain.
You will observe that Mr. Vaughan states that the American settlers on the St. Johns have recently estab- lished themselves there, within an antient British settle- ment; and that their titles have been lately obtained from the Agents of the States of Maine and Massachu- setts. I should be glad to be put in possession of any information which Your Excellency may have shewing whether that statement be correct or not.
I am, with great respect,
Your Excellency's obedient servant.
H. Clay
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Mr Vaughan to M' Clay.
Copy.
The Undersigned, His Britannick Majesty's Envoy Extraordinary & Minister Plenipotentiary, has the honour to acknowledge the receipt of Mr. Clay's note of the 14th inst. communicating a representation made to the Government of the United States by His Excellency Enoch Lincoln, Governor of the State of Maine, respecting certain acts of the Government of New Brunswick, which are considered as an undue exer- cise of jurisdiction in a settlement upon the river St. John, within the territory in dispute between Great Britain and the United States.
It appears from Governour Lincoln's Statement, that the settlement in question is a British settlement upon the River St. John, westward of the Madawaska, and that it is composed of the families of the original set- tlers, and of emigrants from the United States. The inhabitants of the latter description, it is stated, are considered by the Government of New Brunswick, as aliens, and they are therefore not entitled to hold real estate, are assessed to pay an alien tax, and cannot trans- mit the produce of their land as Americans .- Some of these emigrants, the Governour observes, hold land under deeds from the States of Maine and Massachusetts.
The Undersigned begs leave to remind Mr. Clay, that in the months of November and December 1825- and again in the month of January 1827, he had occasion to remonstrate against the conduct of persons calling them- selves Agents accredited by the States of Maine and Massachusetts for offering to sale in the British settle- ment upon the Madawaska River, grants of lands, and for surveying and laying out new settlements in that direction within the territory in dispute between Great Britain and the United States.
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Ever since the Province of New Brunswick was estab- lished in. the year 1784, the Territory in dispute has always been considered as forming part of it, and previ- ously to that period, it was laid down as forming part of the Province of Nova Scotia, in a map published by the Board of Trade in 1755 .- The rights of Soverignty have, in consequence, been exercised by the British Gov- ernment, and the Undersigned must protest against the validity of any title to lands in the ancient British settle- ments granted by the State of Maine and Massachusetts, until a change in the right of possession shall have been effected, in consequence of the Fifth Article of the Treaty of Ghent.
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