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The enumeration of the settlers applied to the government of the on the Madawasca, as a part of the United States, to remove the set. population of the United States, tlers, he would have manifested a which took place in 1820, was not disposition to preserve the dispu. under the authority of the state of ted territory in the state in which Maine ; it was made in virtue of it was at the conclusion of the the laws of the United States, and treaty of Ghent. But, by treat. by officers duly commissioned by ing the settlers as British subjects, them. Mr. Vaughan says, there and enforcing on them British was a remonstrance against it at laws, there is, at the same time, a the time; no trace of any such re. manifest departure from the reso. monstrance is discernible in the lution formed by the Lieut. Goverrecords of this department. nor, and a disregard of the lawful
In the note which Mr. Vaughan rights of the United States. If a addressed to the undersigned; on succession of illegal settlements the 21st day of November last, it can be made within the territory, was stated that the Lieut. Gover- and of these unauthorized intru. nor of New-Brunswick had resol. sions lay a just ground for the ved to maintain the disputed terri. exercise of British authority, and tory in the state in which it was at the enforcement of British laws, it the conclusion of the treaty of is obvious that, so far from mainGhent : that treaty was signed on taining the country in the uninhathe 24th of December, 1814, and bited state in which it was at the the exchange of its ratifications date of the Treaty of Ghent, the was made on the 17th day of Feb. whole of it may become peopled, ruary, of the ensuing year. More and be brought, with its inhabi. than seven years thereafter, and tants, under British subjection. four years after the interview be Mr. Vaughan supposes that the tween Sir Charles Bagot and the acts of British authority, to which Secretary of State, certain persons, the undersigned, in the course of without authority, settled them. this correspondence, has had oc. selves on the waste and uninha. casion to object, can in no shape bited lands of the Aroostook, within affect the final settlement of the the disputed territory, supposing boundary, nor tend to strengthen that they were occupying Ameri. the claims of Great Britain, nor in can ground. Within only three or any manner to invalidate the rights four years past, the provincial of the United States. If there were government has undertaken to is. an absolute certainty of a speedy sue civil process against the set. settlement of the boundary within tlers, for the purpose of enforcing a definite time, Mr. Vaughan might the collection of debts, and the be correct in supposing that the performance of other social duties. rights of the respective parties The undersigned, in his note of the would not be ultimately affected by 20th ultimo, has stated that he those acts of jurisdiction. But it could not reconcile this exercise of is now near half a century since jurisdiction with the above resolu- the conclusion of the treaty of tion of the Lieutenant Governor of peace, out of which the contro. New-Brunswick, and he is still versy grows, and it is more than unable to perceive their compati. thirteen years since the final rati. bility. If the Lieut. Governor had fication of that of Ghent, providing
a mode of amicably settling the dis. tiary, has the honour to acknow pute. It remains unadjusted. Mr. ledge the receipt of the note of the Vaughan, himself, has repeatedly Secretary of State of the United expressed regret, in which the un. States, dated the 17th instant, in dersigned has fully participated, which, in order to guard against on account of the delay. Judging any misrepresention of his silence, from past experience, as well as he has taken occasion to express the uncertainty of human affairs in his decided dissent from the princi. general, we are far from being sure ples and opinions advanced by the when a decision will take place. undersigned, in justification of cer. If, in the mean time, Great Britain tain acts of jurisdiction which have were to be allowed quietly to pos. been exercised in the disputed ter. sess berself of the disputed ter ritory by the provincial authorities ritory, and to extend her sway over of New Brunswick. it, she would have no motive for As it is the intention of the un. co-operating in quiekening the ter. dersigned to submit to the conside. mination of the settlement of the ration of His Majesty's govern. question. Without imputing to her ment the correspondence which a disposition to procrastination, she has taken place between the Sec. would, in such a state of things, retary of State of the United States be in the substantial enjoyment of and himself, he is not disposed to all the advantages of a decision of prolong the discussion respecting the controversy in her favour. The the exercise of jurisdiction in the President of the United States can. disputed territory. not consent to this unequal coll.
When he received the com. dition of the parties : and the un- plaints against the conduct of the dersigned, in conclusion, is charged Lieutenant Governor of New. again to protest against the exercise Brunswick, he thought it his duty of all and every act of exclusive to suggest the grounds upon which jurisdiction, on the part of the go. that conduct might be justified, and vernment of the province of New. the irritation might be mitigated Brunswick ; and to announce to which was likely to arise out of it. Mr. Vaughan, that that government The undersigned is at a loss to will be responsible for all the con. understand the distinction made by sequences, whatever they may be, Mr. Clay, between the actual and to which any of those acts of juris. constructive possession of the dis. diction may lead.
puted territory, previously to the The undersigned requests Mr. conclusion of the treaty of 1783. Vaughan to accept the renewed Though a part of that territory was assurances of his high considera. uninhabited, and in a state of waste, tion.
H. CLAY. so far from neither party having DEPARTMENT or STATE,
the actual possession, the soveWashington, 17th March, 1828. reignty and possession of the en.
tire Province of Nova Scotia was
vested indisputably in His Britan. Mr. Vaughan to Mr. Clay.
nic Majesty, and it is the received The Hon. HENRY CLAY, &c. opinion that the Plenipotentiaries &c. &c.—The undersigned, His engaged in concluding the treaty Britannic Majesty's Envoy Extra. of 1783, did intend, and did agree ordinary and Minister Plenipoten. to leave untouched, the rights of
His Majesty over the province of optional in his excellency to exerNova Scotia.
cise, or not, jurisdiction within the The boundary, from the mouth limits of his province. of the river St. Croix to its sources, Proceedings in a tract of land is clearly defined ; the right con. upon the river Madawasca, in tinuation of the line entirely de. which a settlement was established pends upon the position of the soon after the treaty of 1783, by northwest angle of Nova Scotia, French Acadians, have furnished, which the British commissioners of repeatedly, cause of remonstrance boundary, under the fifth article of to both governments. From the the treaty of Ghent, have placed date of 1786, the laws by which at Mars Hill, and the American those settlers have been governed, commissioners have placed at a and the magistrates by whom those great distance to the northward, laws have been executed, have and not far from the right bank of been derived from New-Brunswick. the river St. Lawrence.
Whether any, and what part of The undersigned agrees with that settlement belongs to the UniMr. Clay in wishing to avoid any ted States, depends upon the prodiscussion of the claims of the re. visions of the treaty of 1783. Until spective governments ; but he has the two governments can agree ventured to point out the very great upon the true intent of that treaty, difference between the commis. possession and actual jurisdiction sioners of boundary, as he con. remains with Great Britain. ceives that, until that difference It is true that, in 1820, there shall be reconciled, jurisdiction was an attempt to invalidate that must continue to be exercised jurisdiction, when the marshal of within the disputed limits by the the state of Maine sent an agent to original possessors. A joint juris. enumerate the population of that diction appears to the undersigned settlement, under a law enacted by inadmissible, as it must prove im- the general government of the Unipracticable.
ted States. The undersigned The undersigned cannot acqui. learns, with regret, that there is no esce in the opinion given by Mr. record in the department of state Clay, that the issuing of legal pro. of a remonstrance against that pro. cess, within the last few years, in a ceeding by the British government, settlement upon the river Aroos. as he had asserted. Such was the took, formed originally in an unau. conviction upon his mind, justified thorized manner by stragglers from by the frequent remonstrances other districts, is to be considered which he has been called upon to as an infringement of the engage. make, since the summer of 1825, ment of the Lieutenant Governor against proceedings of agents from of New Brunswick to preserve the the state of Maine, authorized to disputed territory in the state in sell lands, and to lay out roads and which it was at the conclusion of townships in the same district. the treaty of Ghent. These set. With regard to the arrest of tlements were established pre. Baker, the Secretary of State, in viously to the government of New. his last note, seems to think, that Brunswick being confided to Sir as he committed the outrage for Howard Douglas; and the under. which he was taken up under a signed conceives that it was not conviction that he was upon ter.
ritory belonging to the United remark, that we have demanded States, a representation should have the liberation of John Baker, a been made of his offence to the citizen of the United States, and government of the latter.
full indemnity for the wrongs which The undersigned has only to re. he has suffered by the seizure of fer the Secretary of State to his his person within the limits of the uote dated the 27th February, state of Maine, and his subsequent where it is shown that Baker was abduction and confinement at Fre. perfectly aware of his residing derickton in jail. We have also within the jurisdiction of New. demanded, that the government of Brunswick, as he had received the New Brunswick shall cease from provincial bounty for corn raised the exercise of all and every act of upon land newly brought into cul. exclusive jurisdiction within the tivation.
disputed territory, until the ques. The undersigned regrets that he tion of right is settled by the two should have found himself under governments. The considerations the necessity of making the fore, which have led to those demands going observations; and he cannot are so fully set out in the corres. conclude without expressing his pondence, that it is not deemed earnest wish that the reference to
necessary now to repeat them. arbitration may relieve the Secre. The President charges me to in. tary of State, and the undersigned, struct you to address an official from any further discussion rela. note to the British government, tive to the boundary on the north- calling upon it to interpose its aueastern frontier of the United thority with the provincial governStates.
ment to enforce a compliance with The undersigned avails himself both demands. The government of this occasion to renew to Mr. of the United States cannot con. Clay the assurance of his distin. sent to the exercise of any sepa. guished consideration.
rate British jurisdiction within any CHAS. R. VAUGHAN.
part of the state of Maine, as the Washington, March 25, 1828.
limits of that state are defined by
the treaty of 1783, prior to the de. MR. CLAY TO MR. LAWRENCE.
cision of the question of title. And Department of State,
} Washington, March 31, 1828.
if there be a perseverance in the
exercise of such jurisdiction, this Wm. B. Lawrence, Chargé d'Af. government will not hold itself re. faires, London.
sponsible for the consequences. It SIR :-) transmit herewith a may, and probably will be urged, copy of a correspondence which that if the province of New-Bruns. has passed between Mr. Vaughan, wick should abstain from exerting the British minister, and this de. its authority over the inhabitants partment, respecting the exercise situated on the controverted ground, of jurisdiction, on the part of the disorder and anarchy amongst them province of New Brunswick, within will ensue.
Should such an argu. the territory respectively claimed ment be brought forward, you will by the United States and Great reply, that the inhabitants will, no Britain, on our northeastern bor. doubt, institute some form of go. der. In the course of it you will vernment themselves, adapted to
their condition, as they did for a rica, regrets that he is compelled long time on the Madawaska ; that to call to the notice of his majesty's whether they do or not, however, principal Secretary of State for it will be competent to the govern- foreign affairs, to acts on the part of ments of Maine and New Bruns. the government of the province of wick, within their respective ac- New-Brunswick, within the terri. knowledged limits, to guard against tory claimed by the United States any disorders; that the govern- and Great Britain respectively, not ment of the United States cannot only wholly inconsistent with that consent to the exercise of any ex- mutual forbearance which, it has clusive British authority within the been understood, should govern the contested territory, founded on the proceedings of both countries durplea of necessity; and that many ing the pendency of the question of the settlers being intruders upon of boundaries, for the decision of the soil, can have no right to com. which arrangements have recently plain of any disorders among them. been made, but of a character to selves, resulting from their own lead, by inviting retaliation, to difunauthorized intrusion. The Pre. ficulties of the most serious nature. sident hopes that the British go- The proceedings complained of, vernment, participating in the de. to which it will be the duty of the sire which he most anxiously feels undersigned particularly to refer, to avoid all collision on account of took place in settlements near the a temporary occupation of the ter. Aroostook and St. John's rivers, ritory in contest, will effectually within the territory which is, and interpose its authority to restrain always has been, considered by the the provincial government from the United States as a part of the preexercise of any jurisdiction over it. sent state, formerly district, of Such an interposition alone will Maine. It appears from official supersede those precautionary mea. documents, that, in this section of sures which this government will country, various attempts to exerotherwise feel itself constrained to cise exclusive jurisdiction have adopt.
been made by the Lieutenant Go. I also transmit herewith copies vernor of New-Brunswick ; that of the report of Mr. Barrell, and American citizens residing within of Mr. Davis, who were respec. the territory in dispute have been tively deputed by the governments subjected to an alien tax; that they of the United States, and the state have been compelled to serve in of Maine, to proceed to the dis- the British militia ; that the proputed territory, and to ascertain vincial government has undertaken on the spot the causes of the re. to issue civil process against them cent disturbances which have oc. for enforcing the collection of debts, curred there.
and for other purposes; that they I am, respectfully, your obedient have been summoned to appear be. servant,
H. CLAY. fore the tribunals of New-Bruns.
wick for intrusion on the land oc. MR. LAWRENCE TO LORD DUDLEY. cupied by them, as if it was the unRt. hon. the Earl of Dudley, fc. contested property of the British
The undersigned, chargé d'af. crown; and that they have been fairs of the United States of Ame. prosecuted before these foreign