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 25
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According to the statement of Governor Lincoln, the inhabitants of the settlement in question upon the St. John's River westward of the Madawaska, who are not emigrants from the United States, are treated by the Government of New Brunswick as British subjects, and it is observed that they are called upon to perform mili- tary service, an act of jurisdiction which may be made to imply a "rightfulness" of that jurisdiction.
The Undersigned is persuaded that no act of juris- diction, exercised in the settlements made by Great Britain, and still in her possession, though that possession may be disputed, can influence, in any shape, the decisin of the question of Boundary under the Treaty of Ghent.
The Undersigned will transmit a copy of Mr. Clay's note containing the representation of Governour Lincoln to His Majesty's Lieutenant Governour of New Bruns- wick, whose wish and whose duty it has always been to avoid giving the slightest uneasiness to the Government of the United States, on the Territory which has, unfortunately remained so long in dispute between the two Governments.
No attempt has ever been made to form new settle-
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ments, and the Lieutenant Governour has abstained from exercising any authority over the unoccupied parts of the disputed territory, excepting for the purpose of preserv- ing it in its present state. In proof of the friendly dis- position which animates him, the Undersigned has the honour to enclose a copy of a letter which Sir Howard Douglas addressed in the month of March last to the magistrates residing in the neighbourhood of the disputed territory, and a copy of a Letter dated the 13th of April, in which His Excellency informs the Undersigned, that he had directed the Attorney General of New Brunswick to prosecute some British subjects who had cut down timber upon the St. John's river.
The undersigned begs leave to assure Mr. Clay that he will submit to His Majesty's Government a copy of his note, and he cannot help expressing an anxious wish that the negotiations which are now going on in London, may finally terminate the question of Boundary between New Brunswick and the Territory of the United States, and put an end to the collision of authority for the future in the Territory which is now in dispute.
The Undersigned avails himself of this occasion to renew to Mr. Clay the assurances of his distinguished consideration.
Signed-Cha's. R. Vaughan.
Washington, September 17th. 1827.
The Hon'ble Henry Clay &c &c &c.
Copy. - Received with Mr. Vaughan's Letter of the 17th September 1827 .- Secretary's Office. Fredericton, 9th March 1827.
Sir,
Satisfactory assurances having been conveyed to H.
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M's Govt of the earnest wish of the Govt of the U. S. to reciprocate the conciliatory disposition shewn in regard to the disputed Territory at the upper part of the River St. John it is most desirable until the question thereto shall be finally settled that no new settlements shall be made or any timber or other trees felled in the wilder- ness part of that Territory nor any act done which may change the state of the question as it existed when the Treaty of Ghent was executed.
I am therefore commanded by H. E. the Lt. Governor to desire that you will be vigilant and use your utmost diligence to discover any attempt which may be made by any of H. M's subjects to intrude upon that Territory with a view to make settlements, or to procure timber, and to make immediate representation thereof to H. M's Attorney General that legal steps may be taken to pun- ish such intruders and trespassers. And should you dis- cover similar attempts to be made by any other persons whether unauthorized or appearing to act under color of authority, that you will use your best endeavours to ascertain the names of such persons and report the same to me, with affidavits to establish the facts for H. E. consideration.
I have &c. signed- W. F. Odell.
Copy .- Received with Mr. Vaughan's, as above. Fredericton, 13th. April 1827.
Sir,
In my letter of the 20th ulto. I had the honor to transmit to your E. a copy of a circular letter, which I had directed to be sent to all magistrates residing in the vicinity of the disputed territory, instructing them how to act in the event of any depredations being attempted by either party on the lands in question.
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I have just received a report, stating that a quantity of pine timber had been cut by certain British subjects on the waste lands now subject to negotiation ; and I lose no time in putting your E. in possession of documents which will shew the prompt steps I have taken to repress and punish these depredations.
I beg further to acquaint Your Excellency that I immediately sent, by express, instructions to the nearest magistrates to repair to the spot, to procure information, and proper proof of the acts charged, and to transmit these to H. M's. Attorney General, who has already received my directions to proceed against the parties implicated in this transaction, without delay.
I have &c &c.
(signed) H. Douglas.
The Right Honble
Charles. R. Vaughan. &c &c &c.
Bingham Oct. 11. 1827-
Honourable Enoch Lincoln
Enclosed are certain papers one a petition from sundry inhabitants of Matawascah in behalf of John Baker of Sd. Matawascah and the other a coppy of writ on which the said Baker has been arested-and conveyed to Fredrciton Jail in New Brunswick-
After the arrest of the said Baker the Americans resi- dent at Matawascah Dispatched two persons Viz Asal Baker & Fineas K. Hafford with said papers addressed to your Honour-but after considering that should it be your pleasure to interfere in behalf and in favour of the said Bakeur, you would probably have corispondence with the authorities of New Brunswick-it was therefore thought advisable that the messengers Should immedi-
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ately return by the rout they came through the Wilder- ness to Matawascah, and the papers be forwarded by mail. -
In addition to what you will Learn by said papers the sd. Asal & Fineas, state that the Sheriff used the said Bakeur very roughly, and Stated in their hearing that the province of N. Brunswick would exersize Jurispru- dence over said Madawascah and that Baker should Suffer for his opposition to their Laws- and threatened him with the confiscation of his property -- They further state that the Said John Bakeur was arrested in addition to the writ of Ejectment, uppon an Alien Tax, and are of opinion that the authorities intend to try him for high Treason, and rebellion, for opposing the Laws of New Brunswick, at Matawascah- at any rate it is to be feared that the said Baker will suffer the riger of their Laws without mercy, and without a fair Trial. -
Therefore considering the distressed situation of the said Baker- He being a Scitezan of this state and a man of peacible Habbits, and whose intentions according to our knowledge has been fair and peacible with all men, we pray your Honour, to enquire into, the Case, and pro- tect the person, and property of the said Baker as far as it is in your power, and agreable with your pleasure- and we also request this favour, being acquainted with, & Friends to the said Baker, that you will give us information of the result of your interposition (by let- ter, ) Should you please to interfere in behalf of the Said Baker-
And as in duty bond will ever pray- Joseph Russell Oliver C. Blunt-
Asa Baker
Levi G Fletcher Charles Pierce Elijah Chapman
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(L. S) George the Fourth by the Grace of God of the United Kingdom of Great Gritain and Ireland King defendor of the faith &c, To John Baker. Greeting: We command you firmly enjoining that Laying aside all Excuses whatsoever you be in your proper person before our Justices of our Supreme Court of (Copy) Judicature for our Province of New Brunswick at Fredericton on the Second tuesday in octo- ber next to answer to us of and concerning certain matters which on our behalf shall be then and there objected against you and this you are by no means to omit under the pen- alty of one hundred pounds which we will cause to be levied on Your Goods and chattels, Lands and tenements to our use if you neglect to obey this our present command Witness John Sannders Esquire our Chief Justice at Fredericton the Seventeenth day of Septem- ber in the eighth year of our Reign.
By the Justices (Signed) Putnam (Indorsed) At the Suit of the Attorney General for trespass and Intrusion on the Crown Lands
T. Wetmore atty Gen1 17th September 1827.
To his Excelency Enoch Lincln Esq. Govennor of the State of Main
Honourable Sir we received your Answer to our petition with highest Gratitude & esteem and unamimously return our sincere thanks for your Excelencys enedeavours to assist us- - For unless we obtain speedy Releif we can-
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not subsist in this place the British our Neighbours are growing outrageous Immediately on the return of our Agents A party of aremd Men consisting partly of men from below and the Remainder the Melitia of Mata- wascah Headed by the High Sherriff from Fredericton and four of his depuites broke into the House of Mr. J. Baker on the morning of the 25th Inst after surrounding the House with a strong Guard they tore him out of Bed, and before any assistance could be obtained Hur- ried him away declaring that they Arrested him for act- ing against British Authority in this place & not paying the alien tax And Subverting other to do the same they likewise declared they had a writ of Rejectment to turn him out of his property. Mr Baker demanded the Sheriff authority when he received the aforementioned Reply his Answer was that he submitted as an American to a superor force what his fate is we Know not but we presume that he is confined in Fredericton Goal he has left his famaly in a lonely situation to Lament the absence of their best benafactor & friend and our little society to mourn the loss of its best Members they threat- ened in case they did not obtain their ends they would burn the building & likewise that they had authority to take Mr. Bacon & some others whitch they intended soon to accomplish. We earnestly entrust your Excellency, the General Government, & our fellow Citizens, to use some means to stop this growing evil and Releave Mr Baker should they keep him close confind for which we shall consider our selves under the gratest obligation we send enclosed a copy of the Writ obtained from the Sheriff.
Walter Powers Cyrus Cannon Charles Mcpharson Miles Emery
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Nathaniel Bartlett
Daniel Savage
Franklin Heald
James Bacon John Skadder
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Matthias acorn
David Pollard
John Hafford junior Job John Harford
Elecious Oaks
Louis Bodly
Phineas R. Harford
Asahel Baker
Bangor Oct 28 1827
Enoch Lincoln Esq
Gov of the State of Maine
Sir-
I send enclosed the statements of William Dalton and Jonathan Wilson, made on oath before me, relative to the difficulties and complaints of the settlers near our North Eastern Boundary. The depositions were taken at the request of the Attorney General who attended the examination-and at his request I now enclose them to you-It is unnecessary for me to make any other re- mark, than that deponents appeared to be men of in- telligence and integrity and so far as my observation enabled me to judge, I should think them entitled to full credence and belief
With respect Your obd servt Edward Kent
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I William Dalton, born in Bloomfield State of Maine, county of Somerset say-that for the last 3 years I have resided on the Aroostic River 30 miles within the line on the American Side 33 miles up said river- Many of the settlers on the river are emigrants from New Bruns- wick others from the States- Many of these settlers are poor- The constables and officers of the provinces have been in the habit, under the pretence of collecting debts of coming to the settlement where I lived, with precepts and taking and carrying away every species of property they could find They generally carried it to the Parish of Kent or Fredericton and there sold it at auction. - As an instance of the violent proceedings of the officers and subjects of the provinces- I would state that at the set- tlement where I lived a certain man named Joseph Arnold had a dispute with one William McCray about a cow- which was referred to 3 referees chosen among the neighbours- who decided that Arnold Should Keep the cow & McCray then went to one Esq Moorhouse said to be a magistrate in the parish of Kent- Moorhouse sent McNeil a constable of that parish to the Aroostic Settle- ment- the constable came with 5 men, armed with guns, pistols and sword, and took the cow by force from Arnold- Whilst they were there, I asked the constable for his precept and for his authority to come into the american territory- He said Moorhouse told him to go and take the animal and the man wherever he could find them -- I saw the writ- it an order to replevy in the parish of Kent, I asked him if he did not Know that he was out of the parish of Kent. He said he did not care, for Moorhouse would bear him out in anything he did. I told him he had better not come again on any such business- He said, "When I come again I shall not be obliged to show my authority to a parcel of d- - - d yankee settlers of Aroostic, that if 25 or 50 men would
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not do he would bring 500 armed and equipped and take every Soul, men, women and children to Frederic- ton jail." He did not pretend that he was in the parish of Kent- he said "he was doing his duty and would go wherever his master should send him."
In consequence of this state of things, I have sold out all I possessed for what I could get and left the country, to return to China in the county of Kennebec in the State of Maine- I raised this year 150 bushels of wheat- 175 of oats- 60 of corn, 200 potatoes and garden vegetables. I had built a decent and comfortable log house and a barn I had 5 swine; cow & farming utensels- I had cleared 30 acres- I sold all my property for $184.28- all on credit except $32 in cash. I made the sacrifice solely on account of public difficulties. My farm, I think was as good land as any in North America, and the whole of the country on the Aroostic is very excellent land- and would be rapidly settled if it were not for public difficulties- My family were contented before the trouble- and had it not been for them I would not have taken $700 for my property-
For the last seven weeks the inhabitants of the Aroostic settlement have been unwilling and afraid to sleep in their own houses and have retired to the lower part of the settlement and spent the night on the banks of the river and in the woods and Keep watch night and day as in an Indian war -
I arrived here at Bangor the 27th of October 1827 direct from Aroostic
Wm Dalton
State of Maine
Penobscot ss. Town of Bangor. on the 27th of October 1827 the aforesaid William Dalton personally
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OF PISCATAQUIS COUNTY
appeared and made oath to the truth of the foregoing statement
Before me Edward Kent Jus Peace
I Jonathan Wilson of Fairfield, county of Somerset State of Maine on oath depose and say that I left Fairfield about the 1st of October inst for Houlton Plantation and the British provinces to collect Some debts due me and others- I arrived at Houlton about the 10th inst and from thence went to Woodstock in the Province of New Brunswick to collect debts -- Woodstock is about 65 miles above Fredericton. I there learned that Mr Baker had been arrested by the British authorities. I was told this by Jos Harvey formerly of Bangor State of Maine, that he was arrested by 45 men sent up in barges armed- that he was taken from his bed in the night- that the charge against Baker was for refusing & objecting to permit the British mail to pass over his land- that they confined Baker in jail, have Since tried him and sentenced him to pay a fine of 150 pounds and to 6 months imprisonment in jail which to my knowledge is extremely loathsome, filthy and dangerous to health- and that Baker is now confined there- Baker lived on Madawasca river, within the American line. I also learnt at Houlton by my son Leonard Wilson who has recently been at the Aroostic, that the settlers there complained bitterly of the oppres- sion of the officers and Subjects of the provinces- that there property was forcibley taken from them and carried off even to the last cow.
Jonathan Wilson
State of Maine
Penobscot ss- Town of Bangor. On the 27th of Octo- ber 1827 the aforesaid deponent personally appeared and made oath to the truth of the foregoing Statement Before me-
Edward Kent Jus Peace
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His Excellency Enoch Lincoln, Governor of the State of Maine, Portland.
Department of State Washington, 30 October 1827
Sir,
I have committed to the charge of Mr William Prentis, who will have the honor to deliver them and this Letter to your Excellency, and who is imployed for that purpose, Twenty four manuscript volumes of Books, according to the accompanying List, on the subject of the North and North Easterly Boundary Lines. of the United States, prepared at this office for the State of Maine, conformably with the suggestions and desire expressed by your Excellency .- From the extent of these manuscripts, it is more than probable that they embrace Copies of a great deal more, in Documents, discussion and argument than was in the contempla- tion of your Excellency, or than was desired for the use of your State; but to secure a full Compliance with your Excellency's views, and to guard against any defi- ciency, I gave directions to have a Transcript made of every thing which might by possibility be useful or interesting upon the occasion, having the remotest bearing upon the subject, with the limitation stated in my previous correspondence; and as the selection was necessarily committed to others, who may not have had a very accurate view of the extent of the Commission entrusted to them, it is not improbable that it may comprise much which may be found superflous.
I send also forty two Copies of Maps, likewise pre- pared with the same views, and under the same circum- stances, which Mr Prentis will also have the honor to deliver to your Excellency.
I am, with great Respect, Your Excellency's Obedt & hu. sevt H. Clay
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Department of State Washington 10th Nov" 1827.
To His Excellency
Enoch Lincoln
Governor of the State of Maine.
Sir
I have the honor to acknowledge the receipt of your Excellency's letter of the 2nd Instant, transmitting copies of the affidavits of William Dalton and Jonathan Wilson, all of which I have submitted to the President. The copy of the proclamation mentioned by your Excel- lency, as also being enclosed in your letter, was not among the papers, and has not been received.
Information would be very acceptable as to the periods when the settlements were first respectively formed on the Madawasca and on the Aroostic over which the British Government is now attempting to exercise a jurisdiction ; and also whether they were established under British or American authority, whether they were made by American citizens or British Subjects, and when the British Government first began to exercise any juris- diction within them.
According to late accounts from M" Gallatin, it is probable that a convention has been concluded at Lon- don making provisions, in regard to the reference of the dispute between the two countries, to arbitration, agree- ably to the stipulations of the Treaty of Ghent- We shall, in a short time, know whether it has been actually signed or not, as well as the precise purport of the arti- cles composing it.
I have the honor to be
With great respect Your Excellency's Obedt Servt H. Clay.
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Worcester Mass. November 13 1827 To His Excellency Enoch Lincoln Governor of the State of Maine
Sir
The interesting relations between this Common- wealth and the State of Maine have never ceased to be a subject of deep and earnest regard by the Executive of Massachusetts. From the time of my induction to office, the unsettled and disturbed question of the North Eastern Boundary, immediately affecting a large amount of common property, and made the more important from jurisdictional rights involved in the decision, has met a solicious and watchful attention. The general views entertained by me, on this subject, were early, altho breifly expressed, in a communication to the Legislature, at the commencement of the January Session 1826, pub- lished with the Resolves, and forwarded to the Executive of Maine, to which I beg leave to refer, and the opinions then declared, have frequently since, and on all proper occasions, been repeated.
It has indeed been looked for, that the Government of the United States, alike impressed with the urgency of establishing their frontier Line of National Boundary, as sensible to the obligation of vindicating the rights of the States particularly interested in the soil and Sover- ignty of the Territory, would, ere this period, have effectually maintained the integrity of an actual posses- sion, and removed, by a clear and distinct designation of Monuments, all cause of challenge and controversy with a foreign Government, and of collisions and violence between their respective Citizens and Subjects. The Treaty of Ghent referred this question to a qualified arbitrament, not for the surrender or compromise of rights, but for the determination of them, as they pre existed. Commissioners appointed under that Instru-
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ment, having failed to agree upon the Boundary, the matter was made, as has been understood, of paramount attention with the American Minister at the Court of St. James, who, so far as is now known, has been alike unsuccessful in procuring a recognition of the just demands of the United States, to the establishment of the Boundary, by the description in the Treaty of 1783. In the intermediate time, the patience of the Govern- ments, and the Citizens, both of Massachusetts and Maine, has been severely taxed by the embarrassment created to the improvement and disposition of their property in the soil, to which are now superadded com- plaints of flagrant acts of injustice and outrage, and violations of the personal liberty of American Citizens, by British Authority, claiming allegience from those who are purchasers and Settlers upon the land, under grants from the State Soverignties.
I need not, Sir, labor to assure you of the sympathy of Massachusetts in the injuries thus suffered, more immediately, by the People and Government of Maine. The Citizens of this Commonwealth have been too recently and too intimately in connexion and association with the younger Sister, to be insensible to any occur- rence which may inflict wrongs upon her. But, in the present instance, a community of interest and joint suf- fering will require and ensure a ready participation in all justifiable and constitutional means to obtain redress, and to vindicate the cause of injured individuals and a violated State.
With their views, I beg to be officially informed of the precise character and extent of the recent aggression, which have been committed at Madawasca, or elsewhere, within the State of Maine, under the pretext of orders from the Provincial Government of New Brunswick, and to be made acquainted with all other circumstances and
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considerations, known to your Excellency, as important to a true understanding of the honor and interest of the Commonwealth, which, in this communication, I have the duty and the responsibility to represent. --
With Sentiments of the highest personal regard, and official consideration most faithfully Your Obedient Servant
Levi Lincoln
Fredericton, New Brunswick. 15th November 1827.
Sir
I have the honor to acknowledge the receipt of your Excellency's letter of the 22nd October, requesting me to communicate all the circumstances respecting the arrest of the individual named in your Excellency's letter.
It is not for me to question the propriety of your Excellency's opening a correspondence with the Govern- ment of this Province, on a question now pending in Negotiation between His Majesty's Government, and the Government of the United States, as contracted under the Treaty of Ghent; but it would neither be consistent with my sense of duty, nor in conformity with my Instructions, to give the explanations your Excellency requests to any Persons excepting those with whom I am directed to correspond or under whose orders I am placed.
Should any reference be made by the General Govern- ment of the United States, to His Majesty's Minister upon this or any other matter connected with the Gov-
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ernment of this Province, it will be my duty to afford His Excellency the fullest information to enable him to give whatever explanation he may deem proper.
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