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 27
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I cannot profess to have prepared this paper in all respects as I could wish, or to have put it entirely into such a shape as might be most satisfactory to yourself or the State. Many particulars also are still to be ascer- tained, that belong to the general aggregate of aggres- sion. But the broad ground of complaint is not denied - It is even officially announced, that the whole of the territory, which it is true is now in question, is in the actual possession of His Britannic Majesty's Govern- ment established in this Province. It was stated last year on behalf of the Province of New Brunswick, that Great Britain was in possession of the most valuable parts of this country, and did not know it. It is pro- claimed the present year that the right to possession to this whole tract of country is in the crown of Great Britain, and that it is in the exclusive occupation of the government of this Province. No detail is, obvi- ously, necessary to develope the character of this bold and formidable usurpation .- - But it is certain that an extensive course of judicial proceedings has been adopted by the highest legal authority in this Province to eject the American settlers from the Territory, indiscrimi- nately with all who have gone on without license from
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the British Government. Acts of the most flagrant and arbitrary description appear to have been added; but their only effect is to aggravate the general charges of complaint on the part of Maine to which the govern- ment of New Brunswick refuse to listen. It is time in my judgment that these facts should be known: and especially that the great prominent fact of the Provincial claim to the right of actual, entire, and exclusive occu- pancy, which goes to overthrow the authority of Maine and overwhelm all the rights that can exist under it, should also be made known, to the country.
His Excellency Sir Howard Douglas not having been able to give personal audience to any one, on account of the State of his health, on Saturday last 22d inst. I inquired personally of the Secretary of the Province at his office whether a paper of the description I had pre- pared, and the nature of which together with your instructions to me on the subject I explained to him, could be received :- requesting permission to offer it for that purpose. He stated that he was not authorized, and declined to communicate it to Sir Howard Douglas, or to receive it. His Excellency's private Secretary being also present and referred to by the Secretary of the Province, Mr Odell, confirmed the opinion from his positive knowledge of Sir Howard Douglas's determin- ation, that a paper of such nature could not be received from me. The only method, which was indicated to me, by which Such a representation proceeding from the Executive authority of Maine could arrive to His Excel- lency, was by means of circuitous communication through the Secretary of State of the United States to the Brit- ish Minister residing at Washington. As it was out of my power to avail myself of the benefit of this sugges- tion, and should reserve it indeed for your consideration, I could only retain the paper, to be disposed of on my
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return, agreeable to your direction .- But for the present your purpose is frustrated.
I beg permission to express the very great satisfaction I have experienced from the language of His Excellency Governor Lincoln of Massachusetts, in the letter you were pleased to communicate to me, in connection with the general views and opinions heretofore stated by him in his public communications. The decided concurrence of the excellent chief magistrate of our original Com- monwealth, in the importance of vindicating the respec- tive rights of Soil and Sovereignty, appertaining to the two Sister States, and which are holden under the ancient charter of Massachusetts, recognized, confirmed, and established by the Treaty of 1783, is a circumstance of the most gratifying kind; and the obligation of requir- ing a recognition of the just demand of the United States, as well as the States of Massachusetts and Maine conjointly, and of the latter state in the most peculiar and emphatic manner, to the establishment of the Boundary by the description in that Treaty, is stated in terms worthy of the character of Massachusetts. The importance of maintaining the integrity of an actual pos- session by the exercise of an effectual Sovereignty, and of removing by a clear and distinct designation of monuments all cause of challenge and controversy with a foreign government, is strikingly illustrated by transactions which have lately taken place not merely on our border, but within the body of Penobscot. It is grateful to be assured, of the sympathy of Massachusetts in the suffer- ings occasioned to individuals by acts of injustice and outrage committed upon the property and persons of individuals, and in the injuries arising to the State from the violation and invasion of its territory and the obstructions interposed from abroad to its settlement, improvement, and prosperity. It will become my duty,
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so far as may be in my power to aid Mr Barrell in acquiring precise information in regard to the character and extent of the recent transactions that have been committed in the neighborhood of Madawaska and else- where, within the State of Maine, under the pretext of power from the British government of New Brunswick, demanding the allegiance of some as its subjects, who are tenants of the soil and settlers under this State and acting on American citizens as aliens, who hold the lands they live on by actual title of grant from Massachusetts and Maine. It is happy for them, and well as for us, that we are authorized by a community of interests and injuries to rely with confidence on a voluntary and cheer- ful participation in all legitimate means to obtain security and redress ; and that no consideration will be wanting to the proper understanding of the true honour and interest of the Commonwealth over which His Excel- lency has the honour to preside and which he does not decline the responsibility for this purpose to represent. The remark that the Treaty of Ghent referred the question concerning the north-eastern angle of Maine only to a qualified arbitrament, not for the surrender or compromise of rights, but for the determination of them, as they pre-existed, is founded on eternal principles of truth and justice. Maine and Massachusetts are bound to protest before God and all good men, against any execution of the article of the Treaty of Ghent except according to the terms of the Treaty of Peace and Limits.
While the Letter of M' Clay to your Excellency affords reasons to rely that any cause for regret on account of the refusal of confidence on the part of the federal government toward the State of Maine, will here- after be removed, it contains also the direct and full recognition of the unquestionable validity of our title to
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the territory in demand ; and while the alternative that is holden out to an acquiescence in the submission to a Sovereign Arbitrator is of an extremely melancholy character, as implying that Great Britain resolved to effect by force an object she may not otherwise be able to accomplish; -- and while we voluntarily yield an extensive yet qualified controul to be exerted over the subject in question, by the federal government, it is our happiness to be encouraged to appeal to the guardian wisdom and protecting power, to which we are entitled. The public information that the basis of an umpirage has been arranged renders it exceedingly desireable to ascertain the rules and principles, on which it is to be instituted; and to be informed how far the rights of Maine are liable to be affected without her accession to the articles of agreement. This is quite important to the value of our reliance upon the clearness of our title before an absolute arbiter.
The Statement of the President, that the compact between the two great parties to the Treaty of Ghent, subsequent to the disagreement of the commissioners, which has been extended to exclude us from occupying the territory, went no further than to avoid any effect upon the naked question of right from any new exercise of authority, which it was hardly necessary to agree, reduces the pretense that has been asserted to defend the recent usurpation of territory, within very moderate limits. The remark of Mr Clay in his letter to Mr Vaughan, in regard the character of some of these fresh applications of foreign power, that they could only be vindicated as exercises of the most incontestable author- ity, is extremely just and pertinent.
I have been permitted by the sheriff of this county, in a very civil manner, to see Mr Baker in prison. Con- cerning the particulars of his confinement I shall beg
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leave to refer entirely to Mr Barrell, who has also had the privilege of seeing him, and who can consider the subject perhaps free from the same bias, which, I am sensible, may influence me. Mr Baker appears to be in tolerable health, and he writes to me that he finds he has to content himself at present in rigid confinement ; and that he shall wait his deliverance from "the States."
I have ascertained the particulars of Mr Baker's arrest. Permit me to say, also, that he has never enjoyed the title of General, until since that period. He was seized in his bed, at day light, under process from New Bruns- wick, by armed persons, on the land he holds under grant from Massachusetts and Maine. He is not actually accused of stopping, but of threatening the mail to Canada. The offense with which he is charged in that particular did not take place upon his land, but in a canoe, upon the St Johns, a short distance below the mouth of the Madawaska, and above where our line crosses the St. Johns; - - which I have not learned to have been navigated by the subjects of His . Britannic Majesty exclusively, I mean above that line. Mª Baker denies the offense with which he is charged, and which I understand to be supported by the affidavit of the mail carrier, who is of French extraction, taken ex parte before a magestrate of New Brunswick, by the name of Morehouse, and who testifies positively as I am told, to the menaces of Baker. Baker on the contrary declares that he had no wish to stop the mail; but that on the other hand he felt an interest in having it pass by his property. He says he had heard a report from Mada- waska, which by the way is over a hundred miles above Woodstock, which Mr Vaughan speaks of, that the mail had orders not to go the old route; and that he paddled along by the side of the postman, who was polling up the stream, simply to inquire and ascertain the fact. He
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thinks it possible, that his question whether the mail had, as he understood, orders to stop on that course, might have been misunderstood by the Frenchman, by a very easy transition, as an observation that the mail WAS so ordered, -and conscious that it was important for him to be careful in his conduct, he says he added that he should be sorry to have it stopped: And entered into general conversation with another Frenchman, who sat in the bow of the mail carrier's canoe, and who had recently been in Canada, and could better converse in English, keeping company a few minutes in his own canoe. On his return to his raft, he informed the man he left upon it, that it was a mistake for the mail was actually passing ; and on his return by Madawaska, he paid two dollars to the mail contractor for a Quebec paper which he concluded to take, as the mail route was not changed .-- This is his statement. On the other hand there are a great many suggestions to his disparage- ment and injurious to his fame and his family. But I can learn nothing distinctly that derogates from his right to be considered an American citizen, or to his claims for indemnity from the States of Maine and Massa- chusetts.
I beg your Excellency to overlook or correct any inac- curacy, in this letter, which may require your indul- gence, as Mr Barrell and myself are on the point of set- ting off for Houlton tomorrow morning. Mª Barrell has the advantage of a letter from Mr Vaughan and been furnished with every facility by the government here. Although it was an occasion of regret to me on some accounts, it was perhaps a happy circumstance, upon the whole, that I was detained until the arrival of ME Barrell. I find him a friend, as well as a companion, and unless I receive your Excellency's directions to return
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from Houlton, I think it more than probable I shall attend him to Madawaska.
I have the honour to be with the greatest respect,
Your Excellency's obliged & faithful humble servant-
C. S. DAVIES
P. S. I ought not to omit to state to you, that I have enjoyed every attention and favour in this place, more especially from the gentlemen connected with the government; that it is possible to bestow on a stranger -and that I conceive I am much indebted in this respect to the obliging consideration of Sir Howard Douglas - -
Fredericton N. B. December 11th 1827-
Sir
In obedience to your Excellency's commands I have had the honour to communicate to your Excellency the authority which I bear on behalf of the State of Maine from the Governor of the State for the reclaim of John Baker, a citizen thereof, forcibly seized, as has been made known to its Supreme Executive, while residing on its territory, by persons belonging to this province, and conveyed to goal in New Brunswick .-- And my com- mission extends, of consequence, to enable me to invoke the aid of your Excellency in causing the persons, who may have been active in such violation of the Laws of Maine, to be subjected to the operation of its justice .-
It cannot be supposed, that such act will receive the sanction of your Excellency's Government.
It is such an insult to an independent State, such an aggression upon an established government, is so incom- patible with that spirit of amity and respect, which it is so important to preserve between adjoining govern- ments, and has hitherto subsisted with so much happi- ness between the neighbouring States of the union and
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dominions of his Britannic Majesty in North America, that the Governor of Maine persuades himself it is only necessary to be presented to Your Excellency's knowledge to ensure its prompt and just rebuke .- -
Desirous to combine the performance of my immedi- ate duty with an observance of the due regard belong- ing to your Excellency's government; I abstain from further remarking on the character of a transaction, so exceedingly at variance with the friendly relations which have heretofore prevailed between Maine and New Bruns- wick. And I appeal to the high elevation of your Excellency's station and sentiments for an exercise of that authority, which exerts itself to respect the rights of others with the same virtue and moderation that it watches its own- - I can assure your Excellency, that I solicit no interposition on this occasion, which would not, on like occasion, be most anxiously accorded by the Chief Magistrate of Maine.
Although Maine may not be able to claim the observ- ance of a sovereign power, she is nevertheless subject to the duties of an independent state .- Permit me to add, that the rights of the citizen are so essentially involved in the constitution of the state, are so intimately inter- woven with the ties of the national compact, that a deep sensibility, on this subject pervades the whole community .- -
It needs scarcely to be observed, that the absolute obligation of a free government to protect its citizens from foreign violence loses none of its force in conse- quence of their accidental distance from the seat of government ;-- and is by no means impaired by the consideration of their remote and defenseless exposure to the precauious perils of a frontier position. The authority of Self-government exists in as full vigour at the circumference, as at the centre :-- and notwith-
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standing the circulation may be impeded, its vital prin- ciples extend to the extremities .- - The failure of the ordinary security of the laws on this occasion makes it necessary to resort of your Excellency, to assist in erecting a higher moral, virtual barrier, against the future .--
Confiding, therefore, in the universal and inviolable principles of public law, and referring to your Excel- lency's authority for the terms and measures of the atonement, which may be required from any persons, who may be lawful subjects of this government and who may prove to have been concerned in this act of unlaw- ful violence- - in accordance with the above well estab- lished principles, I content myself in the first place, with preferring my most respectful application to your Excel- lency for the release of the citizen before named in prison.
In connexion with this application to your Excel- lency, I beg leave to communicate open to your Excel- lency, a letter from his Excellency the Earl of Dalhousie, Captain General and Governor in Chief of the Canadas, addressed to the Honourable Albion Keith Parris lately Governor of Maine, and which I can assure your Excel- lency, was received with the most respectful attention.
Your Excellency, permit me to say, is already apprised of the general purposes of my appointment by the Governor of Maine, and made fully aware, I may trust, of the respectful sentiments and amicable dis- positions which it is intended to foster and promote.
I beg leave to express the very high consideration and respect with which I have the honour to be
Your Excellency's
Most Obedient, humble Servant
C. S. Davies
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His Excellency
Sir Howard Douglas, Bart Lieutenant Governor & Commander in Chief of the Province of New Brunswick.
In the Supreme Court Exchequer Side
York to wit, Be it remembered that Thomas Wetmore Esquire, Attorney General of our Sovereign Lord the King for this His Majesty's Province of New Brunswick, who prosecutes for our said Lord the King comes in his own proper person into the Court of our said Lord the King before the justices of our said Lord the King at Fredericton on the seven- teenth day of September in the eighth year of the Reign of our Sovereign Lord the now King, and for our said Lord the King gives the Court here to understand and be informed. - THAT WHEREAS, a certain Tract or Parcel of Land situate in the Parish of Kent in the county of York in the said Province and lying on both sides of the River Saint John between the Mouth of the Madawaska River and the River Saint Francis and containing in the whole fifty thousand acres, in the hands and possess- ion of our said Lord the King, on the first day of February in the first year of his Reign, and before and continually after was and of Right ought to be, and yet ought to be in the Right of his Imperial Crown of the United Kingdom of Great Britain and Ireland, and as part of the Dominions of our said Lord the King in this Province ; and for so long a time as there is no remembrance of any Man to the contrary has been in the possession of the said Lord the King, and his Predecessors the Kings and Queens of Great Britain and Ireland and a part of
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the Dominions of the said Crown - Nevertheless one John Baker of the Parish aforesaid in the county aforesaid Farmer the Laws of the said Lord the King in no wise regarding, but intending the disherison of the said Lord the King in the Premises in the first day of February in the second year of the Reign of our said present Sovereign Lord the King and on divers days and times before and since with force and arms and without any lawful author- ity in and upon the possession of the said Lord the King of a part of His said Lands, to wit the hundred acres thereof lying on the Westerly side of the Land- Turtle or Marcumpticook River, a branch of the said River Saint John at the Parish aforesaid in the County aforesaid intruded and entered and erected and built thereon a certain House and other Edifices and cut and felled divers, to wit, five hundred timber and other Trees thereon Standing and growing of the value together of one hundred pounds and took and carried away the Timber and wood arising from the said Trees, and of his own will disposed thereof, and the issues and profits of the same Lands moving, received and had and yet doth receive and have to his own use: and still holds and Keeps possession of the same Lands ; and the said Trespass aforesaid hitherto and yet continuing to the great annoyance of our said Lord the King and contrary to His Laws, in contempt of our said Lord the King, and against the Peace of our said Lord the King-
Whereupon the said Attorney General of our said Lord the King for the said Lord the King prays the advice of the Court here in the premises, and that the aforesaid John Baker come here to answer the said Lord the King in the Premises
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OF PISCATAQUIS COUNTY
(signed) T Wetmore Atty General.
Indorsed
I M Bliss.
Examined by me and certified to be a true Copy
T R Wetmore Clerk to the Atty General- 28th November 1827.
Fredericktown Jail Nov 29th 1827 Charles S. Davis Esqr Sir,
I wish to inform you immediately after my arrival from Portland to home I was arrested by some of H. MS Officers Conveyed and Commited to Fredericktown Jail in which place I made out a report to the governor of the State of Main having not recd instructions I remain here in great anxiety waiting patiently what Method to adopt & hope measures will be taken as quick as possible to extricate me from this prison I am now placed in a very uncomfortable situation leaving a wife & family to lement me & would feel grateful to you if you would forward a note by some trusted person to inform me what to do -- & would thank you to visit me if it is Consistant & by so doing you would much oblige
Your H Servt Jnº Baker
Sir,
I make a remark on the statement I saw in the Fredericktown gazette Stating that the British govern- ment has not sufferd any Squaters to settle on the dis- puted of Territory it is well known that there is many settled in Metewescher because if the are not Considered as British Subjects the must be Considered as Americans it appears the have appointed Millitary Officers over
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them and established Companies Principaly over the late settlers --
Decr 6th 1827
Charles S. Davis Esqr, Agt for the State of Main Sir,
I have to state on the 25th of Sept" last I was arrested at the dawn of day while in my bed, by some of H. M. Officers- - Accompanied with armed men, and conveyed to Fredricktown jail for the Alleged offence for not being Emeneble to the English Government, & for Pretended offences of Interupting the mail, and on an action of Debt -- and have further to observe that the rejected me from my land granted me by the legis- lature of the state, and that the Attorney general has proceeded against me in an Action of Trespass for cut- ting down trees on said land- and have been brought before the Court & have plead not guilty wherein the Court could not proceed to Trial- & having the Privi- lege of bail for my appearance at the nixt session for the penal sum of £100 & being as aforesaid embaressed still remains in jail with respect
I remain Your Obedt -- Servt John Baker
P. S. I have given the above statement having learned that the one I forwarded to the government had not been recd- -
Decr 6th 1827 Fredricktown
Charles S. Davis Esq",
Sir,
having made an application to Government of the state of Main for Protection- and the Governor by
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his Proclamation having Claimed me as Citizen I should wish to know if I am under the necessity of answering to H. M. Court in any Case Criminal Or Civil, and would be obliged to you if you would give me Instruction as I am requested by the Kings Attorney to lay before the court my plea-
With Respect Sir I am Your Obedt Servt John Baker-
P. S.
Any Note you forward me for my instruction you may depend shall not be made public unless by your request
Frederickton Decr 12th 1827- Charls S. Davis Esq" Sir,
has been much said in this Section of the country concerning the mail I have to state there was a report circulating in Matawascah that the mail had recd orders to stop going in that direction. I was a few day after- wards going down the river in a canoe with a raft saw a man whom I supposed carried the mail and asked him if he did and I further observed that I heard the mail had recd orders to stop. by way of question he not giving me a correct answer, I found he did not well under- stand the English language & then observed I should be sorry to have the mail stop then turned my discourse to a man by the name of Moorey on other subjects without the least discord the post man still continuing his Journey- and also a man with me by the name of Siras Cannon by whom the said Statement can be proved, that
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