H. R.—No. 60

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MESSAGE

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EIS EZOELLErra? LETI l ih c o lh ,

TRANSMITTED TO THE LEGISLATURE,

FEBRUARY 23, 1827.

BOSTON : TRVE AND GREENE, STATE PRINTERS.

1827, r

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■ - ; - MESSAGE.

Gentlemen o f the Senate, and of the House of Representatives, I transmit to the Legislature copies of a commu­ nication from the Secretary of State of the United States, covering a renewed complaint by the British Minister, resident at Washington, made at the instance of the Lieutenant Governor* of his Ma­ jesty’s Province 6f New-Brunswick, of the proceed­ ings under the authority of this Commonwealth and the State of Maine, in laying out Townships, and marking Roads, upon the Territory in dispute, on the North Eastern Boundary of the United States. The acts referred to, are unquestionably, the sur­ vey of the Road from the mouth of the Mattawam- keag, to the mouth of Fish River, and the survey and division of the Public Lands, by direction of the Commissioners, under the Act, for the Separa­ tion of Maine, the last season. The manner and attendant circumstances of these measures must appear fully and satisfactorily explained to you, by the documents, which have heretofore been trans­ mitted for the observation and attention of the Le­ gislature. When rightly understood by the British Go/vernment, they will cease to be regarded as acts of aggression or encroachment upon the rights of the Government or subjects of the neighboring 2

Province. Whatever may be the extent of the British claim the actual possession of the Territory upon which the surveys were made has ever been in the United States, under a practical, and it is believed, a rightful construction of the definitive treaty of 1783. The soil now belongs to the juris­ diction of Maine, and is the property of that State and this Commonwealth. In reference to this subject, I herewith commu­ nicate copies of a recent correspondence between His Excellency the Governor of Maine, and myself. From an examination of all the papers, and as an act of deference to the suggestions contained in the letter of the Secretary, and a measure of forbear­ ance in the prosecution of the right to the occu­ pancy of the disputed Territory on our part, pend­ ing the négociation for its amicable settlement. I trust, you will concur in the expediency of postpon­ ing, for the present season, the actual construction of the Fish River Road. The occasion for its use is not understood to be particularly pressing, and no serious prejudice to the interests of the Com­ monwealth is apprehended from a delay of the work. Accompanying this Message, I also lay before you sundry Resolutions of the Legislature of Maine, transmitted by the Governor, in relation to other improvements of Roads through Lands owned by that State, and this Commonwealth. LEM LINCOLN Council Chamber, February 23d, 1827. I v Executive Department of Massachusetts.

To His E xcellency E noch L incoln.

I have recently received from the Department of State of the United States a communication cov­ ering a copy of a note, addressed by the British Minister, resident at Washington to Mr. Clay, in which the former complains, in behalf of his Gov­ ernment, of acts of encroachment and aggression by American citizens upon the territory claimed to be within the jurisdictional limits of his Majesty’s Province of New-Brunswick. The occasion of the communication, referred to may probably have relation to the exercise of the rights of property and possession under the author­ ity of this Commonwealth and the State of Maine, in the surveys and division of the public lands, and the location of the road from Mattawamkeag stream to the mouth of Fisk river, the last season. Presuming that you have likewise been addressed by the Secretary of State on the subject of Mr. Vaughan’s note, I beg indulgence in asking your correspondence upon the facts, which are supposed to exist, and the benefit of such information as 6

you possess of the merits, and probable issue of the controversy concerning our North Eastern Boundary, and the evidence by which it may be justly established, by title, or by possession and occupancy, on our part, and acquiesance, on the part of the British. The difficulty seems to be in the application of the description of the boundary as defined by the Treaty of 1783 to the face of the country. A practical construction, coeval with the date of the compact, would have much force in de­ termining the intention of the parties. While it cannot be admitted, that there is any thing uncer­ tain or ambiguous in the language of the Treaty, the pertinency of it to the indicia, of the line upon which we insist, can only be maintained, by facts and appearances obvious to distinct and certain ob­ servation. Will you also be pleased to favor me with your advice of the measures, which the government of Maine propose, in regard to the management of the property of this part of our territory. It certainly is desirable, that while we insist upon the rights of the States, to their full extent, and omit nothing by which they may be successfully vindicated, we forbear, in respectful defence to the sugges­ tions of the National Executive, all unneces­ sary acts of proprietorship and jurisdiction­ al authority, which would tend to collisions be­ tween the citizens and subjects of the respective governments, or create embarrassment in the pro­ gress of negotiation, for a final settlement of the controversy. 7

May we not without serious prejudice, suspend the making of the Fish River Road, another sea­ son ? I am not aware that any other definite work has been proposed, the execution of which, would conflict with the wishes expressed in the letter of the Secretary. With earnest and interesting assurances of that great regard whic h belongs to our official as well as personal relation, I am, &c. LEVI LINCOLN. State of Maine. Executive Department.

P ortland, F ebruary 12, 1827.

The acts complained of by the British Minister and adverted to in your letter to me, cannot be complained of, except under a misapprehension, as encroachments on the rights of individuals, of the Province of New-Brunswick, or of the kingdom of Great Britain. The government of the State of Maine will cheerfully yield whatever its duty may require it to surrender, but it will not acquiesce in any result which may not be dictated by a just re­ gard for its claims to sovereignty and property, or which may be produced by the spirit of comprom­ ise in relation to general objects with , a foreign nation. My private judgment directs to the conclusion, that it will be prudent to delay the making the Fish River Road, agreeably to the intention involv­ ed in your inquiry. With these general declarations. I beg you to allow a suspension for a short time, of a reply as to the other objects noticed in your communication, which shall be attended to with all that respect and regard which is due to yourself and to the inter­ ests of my constituents. 9

I will therefore, at present only add, that nothing will be done by this State, without deliberate re­ flection upon what it owes to itself, and to those whose wishes it ought to consult in this impor­ tant concern. I am as your Brother, officially, &c. yours.

His Excellency Levi Lincoln, Governor j of the Commonwealth of Massachusetts, j

2 Mr. Vaughan to Mr. Clay.

W ashington, J anuary 16th, 1827, Sir—About the latter end of the year 1825, and about the beginning of the last year, a corres­ pondence took place between us, relative to en­ croachments of persons, calling themselves Agents, from the States of Maine and Massachusetts, in the territory in dispute, between His Majesty’s Govern­ ment, and that of the United States, in consequence of the unsettled state of the North Eastern Line of Boundary under the Treaty of Ghent. The representaion, which I had then the honor to make, was promptly answered by the Govern­ ment of the United States. An enquiry into the circumstances of the encroachments complained of, took place, and a spirit of forbearance and modera­ tion was inculcated by the directions of the Presi­ dent, which induced me to hope, that I should not have occasion to recur again to a representation of a similar nature. I have received, however, a letter from Sir How­ ard Douglas, His Majesty’s Lieutenant Governor of New-Brunswick, acquainting me with some fur­ ther proceedings of persons calling themselves Land Agents, and Surveyors, acting under the authority of the Governments of the States 4 of Maine, and Massachusetts, in Surveying anil laying out Townships in the disputed Territo­ ry in question. The particular acts., which have excited uneasiness in the Government of New- Brunswick, are the laying out of land in Town­ ships, and marking out Roads within a Territory, the assignment of which, is not yet made to either of the parties, to the Treaty of Ghent. My former representation was met by you, in so conciliatory a spirit, that I am encouraged to hope, that the intervention of the Government of the United States, will be eifectually exerted to induce the Governments of the States of Maine, and Mas­ sachusetts, to abstain from measures, which can be construed into a premature exercise of authority in a disputed Territory, and which may lead to colli­ sion of a most disagreeable nature, between the set­ tlers in that Territory. I think it advisable to make you acquainted, with­ out delay, with the complaint, which I have received from the Lieutenant Governor of New-Brunswiek, whom I beg leave, to assure you, cautiously abstains on his part, from exercising any authority in the disputed Territory, which could invite an encroach­ ment as a measure of retaliation. I have the honor to request, that you will accept the assurances of my distinguished consideration. (Signed) CHARLES R, VAUGHAN- I

His Excellency Levi Lincoln, Governor o f the State of Massachusetts.

D epartment of S tate, ) W ashington, J anuary 29, 1827. £ S ir—I have the honor to transmit to your Ex­ cellency the copy of a letter from the British Min­ ister here, under date of the 16th of this month, upon the subject of the Eastern Line of Boundary, under the Treaty of Ghent, and complaining at the suggestion and upon the information of the Lieu­ tenant Governor of New-Brunswick, of the pro­ ceedings of persons calling themselves Land Agents and Surveyors, under the authority of the States of Massachusetts and Maine, in laying out Townships in the disputed Territory in that quarter. I am fully persuaded of your Excellency’s dis­ position to take the steps required by the occasion for arresting the proceedings complained of, on the part of the citizens of Massachusetts, so far as they may be found repugnant to that conciliatory course recommended by the President, in the letter which I had the honor, by his direction, to address to you on the 15th December 1825, and it is with this view, that I now transmit to your Excellency the copy of Mr. Vaughan’s letter, above referred to. I am with great respect, Your Obt. Servt. H. CLAY STATE OF MAINE.

E xecutive D epartment, ) P ortland, F ebruary 13, 1827.$

By the request of the Legislature of the State of Maine, I transmit to you the accompanying Resolve, relative to the State Road north of the Bingham purchase. Under the same authority, the duty is also devolved upon me, to invite the co-operation of the State of Massachusetts, for carrying into effect the contemplated object. I am fully per­ suaded, that the interests of the two States require the adoption of the measures proposed, and I can­ not but hope, and believe, that the most prompt and decisive display of friendly feeling will always be exhibited, between republics holding such in­ teresting relations to each other. I am, with the most respectful, and fraternal regard, Yours, &c. ENOCH LINCOLN. His Excellency Levi Lincoln, Governor j of the Commonwealth of Massachusetts, j

State of Maine. Resolve relative to the State Road., North of the Bingham purchase. Resolved, That the Governor, with advice of Council is authorized to appoint one or more Agents to examine the Road from the North Line of the Bingham purchase, in the county of Somerset to the line of this State, laid out by virtue of a Re­ solve of the Legislature of Massachusetts, passed the twelfth June, one thousand eight hundred and seventeen. And to make such alterations therein, as may be beneficial ; to mark the line of the Road conspicuously on trees, or otherwise, and to make return of his, or their doings in writing to the Gov­ ernor and Council. Resolved, That the Governor with advice of Council is authorized to appoint one or more Agents, to cause to be made, so much of said Road as passes over land belonging to this State, and one half of so much of said Road as passes over land be­ longing to this State and Massachusetts jointly, safe and convenient for travellers, with their horses,carts* sleighs, and carriages: Provided, that the Legisla­ ture of Massachusetts, will give to the Governor and Council assurance, to their satisfaction, that the Com­ monwealth will make, in like manner, that portion of said Road, which passes over land belonging to that State ; and the one half of that part of said Road, which passes over land belonging to this State, and Massachusetts jointly. And it shall be the duty of said Agent or Agents, to give notice by publishing in the Somerset Journal, and in one paper at least, published in the county of Kennebec four weeks successively of the time, previous to which 1 hey will receive written and sealed pro­ posals, for making the whole or any part of such Road, and the place where they w ill at such time meet to consider the same;, and thereupon, the said Agent or Agents, shall contract with such per- 15 son or persons, as the interest of the State shall direct to make the said Road. Resolved, That a Township of land, of six miles square, to he assigned and laid out from any of the unappropriated lands belonging to this State, (sub' ject to the reservation contained in the eighth sec­ tion of an act to promote the sale and settlement of public lands, passed the twenty-fifth day of Februa­ ry, one thousand eight hundred and twenty-four,) to be selected within one year by the Agent or Agents to be appointed under this Resolve ; or so much thereof as may be necessary, be, and the same is hereby appropriated to carry into full effect the provisions of the foregoing Resolve; and a sum not exceeding five thousand dollars of the proceeds of the sale of said land is appropriated for that pur­ pose, and the Agent or Agents appointed under this Resolve, may sell said Township, in the whole or in parts,, as they may deem best, at public auc­ tion, after giving at least sixty days notice of the time and place of sale by advertising the same, in all the newspapers printed in the counties of Cum­ berland, Kennebec, Somerset, and Penobscot; upon such credit, as may be best calculated to give effect to this Resolve: and such Agent or Agents, shall be held liable for the proceeds of the sale of said land, to be accounted for to the Governor and Council. And if after making the part of the Road ^ contemplated by this Resolve, or expending five' thousand dollars thereon ; any balance of said, pro­ ceeds shall remain, they shall pay the same into the Treasury of this State. 10

Resolved, That upon the Agent or Agents, to be appointed under this Resolve, filing with the Land Agent of this State, a certificate, stating to whom said Township of land shall have been sold, pursu­ ant to the provisions of the foregoing Resolve, and of the price at which it was sold, the Land Agent of this State, is authorized and directed to make a deed thereof, to the purchaser or purchasers of said Township. Resolved, That the Governor and Council aie authorized to examine the contracts made, and the accounts rendered by said Agent or Agents, and to determine whether the same are correct and sufficiently vouched; and just and reasonable in amount. Resolved, That the Governor be requested to transmit a copy of this Resolve, to the Governor of Massachusetts, inviting the co-operation of that State, to carry into effect the object herein con­ templated. In the House of Representatives, Feb. 10, 1827. Read and passed. JOHN RUGGLES, Speaker. In Senate, February 12,1827.—Read and passed. REUEL WILLIAMS, President, pro. tern- February 12, 182?.—Approved. ENOCH LINCOLN, STATE OF MAINE. S eretary’s O ffice, Portland, Feb. 12, 1827. I hereby certify, that the foregoing is a true copy of the original, deposited in this Office. Attest, ELIOT G. VAUGHAN, Deputy Secretary of State. >