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 The North-Eastern Boundary. 
 
 BY ISRAEL WASHBURN, JR. 
 
ARTICLE I. 
 
 The North-Eastern Boundary. 
 
 Bead befoee the Maine Historical Society, at Port- 
 land, May 15, 1879, 
 
 HON. ISEAEL WASHBUEN, Jr., LL.D. 
 
£ 
 
 ^ 
 
 v 
 
THE NORTH-EASTERN BOUNDARY. 
 
 I shall read yon, this morning, a chapter of concessions, sub- 
 missions and humiliations by which the otherwise fair record of 
 American diplomacy has been dimmed and stained. 
 
 And I shall do this, not to cast reproach upon the memory of 
 any of the actors in the deplorable business, whose history cul- 
 minated, if it did not close, in the so-called Ashburton Treaty, 
 a work of which the indulgent criticism of the most friendly 
 commentator might be borrowed from Sheridan, who, speaking 
 of another convention, said, " It was one of which, although 
 some were glad, nobody was proud."' Nor shall I do it with 
 the expectation that anything said or written by me, or by any 
 one at this time, can avail aught towards a correction of the 
 errors and mistakes of the past. But rather in the thought 
 that a paper which may serve in some measure to keep the 
 history and the lesson aliye for purposes of warning, of counsel 
 and of suggestion in the future, will be neither unworthy nor 
 unwelcome ; and, I will add, with the further impression, that 
 it will not be wholly uninteresting or unprofitable to the pres- 
 ent generation to learn something more than, as a general rule, 
 those who compose it know of the particular history of the im- 
 portant, protracted and imbittered controversy which preceded 
 that settlement. 
 
 And, besides these considerations, I have sought a personal 
 gratification in an opportunity to express my sense of the debt 
 
4 THE NOETH-EASTEEN BOUNDAEY. 
 
 due from the people of Maine to those faithful magistrates, who, 
 in no hour of pressure or of alarm, allowed, for a single moment, 
 the honor of the State, or her material interests, to be compro- 
 mittecl by any action of the commonwealth over whose affairs 
 they presided. Of Enoch Lincoln, Edward Kent and John 
 Fairfield it could be said with peculiar force and propriety, in 
 the words of Sir Walter Scott's tribute to Fox, they 
 
 " Stood by their country's honor fast, 
 And nailed her colors to the mast." 
 
 It so happened in the history of the negotiations that upon 
 these men rather than upon any other of our Governors, fell 
 the chief weight of responsibility, and the most imperative de- 
 mands for decisive action. Nor should I pass from this grate- 
 ful duty without some reference to two gentlemen upon whose 
 patriotic and ardent interest in, and thorough and perfect 
 knowledge of, the questions involved, in all their aspects and 
 relations, these functionaries always and safely relied. I refer 
 • to Col. John G. Deane, of Ellsworth— who in his later years was 
 a resident of Portland — and to the Honorable Charles S. Daveis, 
 also of this city. 
 
 On the afternoon of the 20th of September, 1875, I left 
 Edmundston, on the St. John River, by the fine military road — 
 constructed at great expense by the British government a 
 quarter of a century before, and following, in the main, the 
 route traveled by Lord Edward Fitzgerald in 1788 — leading 
 from the river St. John to the St. Lawrence. "When, at two 
 o'clock the next morning, the stage reached a point twenty-six 
 miles south of the latter river, although it had been raining for 
 several hours, the snow was more than a foot deep, and I was 
 informed that three clays before its depth was more than two 
 feet ; and here I said, without doubt, on this elevation, fifteen 
 
THE NORTH-EASTERN BOUNDARY. 5 
 
 hundred feet above tide-water, are the " highlands," of which I 
 had read so much in the years preceding the treaty of Wash- 
 ington. For, although that treaty, sometimes called the Ash- 
 burton Treaty, had been concluded thirty -three years before (in 
 1842), the leading facts which its discussion had elicited, or 
 which had been brought out in the years preceding, in the 
 correspondence of our Governors, and in legislative reports, 
 were too deeply written upon my memory not to be at call at 
 any moment. But when on a clear, bright August day, in 
 1877, I came from the St. Lawrence, at Eiver Du Loup, over 
 the same road to Madawaska, after a steady general ascent of 
 some ten miles, a comparatively short descent brought the .mail 
 coach (in which I was traveling) to a stream which my com- 
 panions said was a branch of the river St. Francis, and sixteen 
 miles from the St. Lawrence, I knew that we were, if only the 
 treaty of 17S3 had been respected, within the limits of the State 
 of Maine — for the St. Francis is one of the rivers whose waters 
 descend to the Atlantic Ocean — and had been within them since 
 our journey had passed the fifteen miles bourne from the river 
 St. Lawrence. 
 
 The high ground, which, on the preceding journey, I had 
 mistaken for the main highland range, was but a spur of it, and 
 the true dividing ridge was ten miles to the northward. It 
 was interesting to notice, on this bright day, how plainly 
 marked and impossible to be mistaken was the treaty boundary 
 
 Xever was there such a history of errors, mistakes, blunders, 
 concessions, explanations, apologies, losses and mortifications on 
 the one side ; of inconsistencies, aggressions, encroachments,, 
 affronts and contempts on the other, as that which has respect 
 to this boundary question ; and hi the calm of this day, when 
 all direct, practical interest in it has ceased, and the sense of 
 wrong and indignity has slept for more than a third of a cen- 
 
6 THE NOETH-EASTEKN BOUNDARY. 
 
 tury, it is impossible for one to read it with anything like com- 
 posure or patience. 
 
 To those statesmen and writers of other countries, who have 
 represented the United States as arrogant, uncomfortable and 
 domineering, I would commend this tale of the sacrifice of 
 northern Maine, as likely to afford them great, if not endless 
 comfort. 
 
 Article two of the Treaty of Peace, concluded at Paris be- 
 tween Great Britain and the United States in 1783, so far as 
 respects the question of the north-eastern boundary, is as follows : 
 
 " From the north-west angle of Nova Scotia, to wit : that 
 angle which is formed by a line drawn due north from the 
 source of the St. Croix Paver to the highlands, — along the said 
 highlands which divide those rivers that empty themselves into 
 the St. Lawrence from those which fall into the Atlantic Ocean, 
 to the north-westernmost head of Connecticut Eiver." 
 
 This is the northerly line ; the easterly is described :— 
 
 " East, by a line to be drawn along the middle of the river 
 St. Croix, from its mouth in the Bay of Fundy to its source, 
 and from its source directly north to the aforesaid highlands 
 which divide the waters that fall into the Atlantic Ocean from 
 those which fall into the river St. Lawrence, comprehending all 
 islands within twenty leagues of any part of the United States, 
 and lying between the lines to be drawn clue east from the 
 points where the aforesaid boundaries between Nova Scotia on 
 the one part, and east Florida on the other, shall respectively 
 touch the Bay of Fundy and the Atlantic Ocean, excepting such 
 islands as now are or heretofore have been within the limits of 
 the said Province of Nova Scotia." 
 
 This language seems to be too plain to admit of dispute, and 
 yet under it four questions have arisen between the parties to 
 
THE NORTH-EASTERN BOUNDARY. 7 
 
 the treaty : First, as to the river St. Croix ; second, as to which 
 of the affluents of the St. Croix, was the source of that river 
 within the intention of the treaty ; third, as to the islands in 
 Passamaquoddy Bay; fourth, as to the north-west angle of 
 Nova Scotia and the highlands that divide the rivers that fall 
 into the Atlantic Ocean from those winch empty themselves 
 into the St. Lawrence. And all of them have been decided 
 against the United States. 
 
 I propose a brief examination of each. 
 
 I. The first question that arose was in regard to which of 
 three rivers falling into the Bay of -Fundy was the St. Croix 
 contemplated by the treaty. The question was plain, and easy 
 of solution. These rivers had all been known and described at 
 some time by the name of St. Croix. The most easterly had 
 been called also the Magaquadavic; the intermediate the 
 Schoodic ; the most westerly the Cobscook. That the first named 
 is the St. Croix of the treaty, is so plain, I trust, that but few 
 words will be needed for a clear understanding of the case. 
 
 Soon after the treaty of 1783, the inhabitants of Nova Scotia 
 (that part which is now New Brunswick) were found occupy- 
 ing, and claiming as British subjects to hold the territory be- 
 tween the Magaquadavic and the Schoodic Eivers, and particu- 
 larly that near the present town of St. Andrews. Massachu- 
 setts objected, claiming the territory as her own, and made 
 complaint to Congress of these encroachments, and was by the 
 latter body requested to cause inquiry into the facts to be made. 
 In pursuance of this solicitation, it appointed a commission, of 
 which two members, Generals Knox and Lincoln, visited Passa- 
 maquoddy in the year 1784, and on the 19th of October of that 
 year, made their report to the Governor of Massachusetts. In 
 this report, they say : 
 
THE NORTH-EASTERN BOUNDARY. 
 
 " They beg leave to inform your Excellency that a very consid- 
 erable number of British subjects are settled at a place called St. 
 Andrews, on the eastern bank of the river Schoodic, which, in the 
 opinion of your commissioners, is clearly within the limits of this 
 State. 
 
 " By your Excellency's leave, they will recite a short state of 
 facts on which this opinion was formed. 
 
 " There are three very considerable rivers which empty them- 
 selves into the bay Passamaquoddy, which is five to seven leagues 
 wide. The eastern river falls iuto the bay about a league from the 
 head of it, and perpendicular to the eastern side ; the middle river 
 falls into the bay far on the westerly side of the head of it, ana in 
 a direction parallel therewith ; the western river falls into the bay 
 about six leagues from the head of it on the westerly side, and 
 nearly perpendicular to it ; all of which in late British maps are 
 called St. Croix. The first is by the Indians called Maggadava, 
 the second Schoodick, the third Cobscook. 
 
 "From every information the subscribers could obtain on inquiry 
 of the Indians and others, the eastern river was the original St. 
 Croix. This is about three leagues east of St. Andrews, where the 
 British inhabitants have made a settlement. Soon after the sub- 
 scribers received their commission, they wrote to Mr.. Jay request- 
 ing him to give them information whether the Commissioners for 
 negotiating the peace confined themselves in tracing the bounda- 
 ries of the United States to any particular map, and if any one, to 
 what ? Since their return they received his answer, mentioning 
 that Mitchell's map was the only one that the commission used, 
 and on that they traced the boundaries agreed to. 
 
 " On this map two rivers were laid down ; the western was called 
 thereon the Passamaquoddy, and the eastern the St. Croix." 
 
 It is to be observed that the Passamaquoddy is the river at 
 other times called the Schoodic. 
 
 The Commissioners also say, " The subscribers further repre- 
 sent that they find in the maps of a quarto volume published 
 
THE NORTH-EASTERN BOUNDARY. 9 
 
 in Paris in 1774, from Charlevoix's voyage to North America, 
 made in 1644, two rivers delineated at the head of the bay of 
 Passamaquoddy, the western of which is called Passamaquoddy, 
 and the eastern St. Croix." 
 
 The westernmost river, the Cobscook, is much smaller than 
 either of the others, and is not laid down on all the maps. 
 
 But as to the fact that the true St. Croix was east of the 
 Passamaquoddy — otherwise called Schoodic Eiver — there seems 
 to be no doubt. Whatever doubt might possibly have other- 
 wise existed is wholly removed by the testimony of Surveyor 
 Mitchell, given in an affidavit on the 9th of October, 1784, as 
 follows : 
 
 " The subscriber, an inhabitant of Chester, in the State of New 
 Hampshire, voluntarily makes the following declaration, to wit : 
 that I was employed by his Excellency, Francis Bernard, Esq., 
 Governor of the Province of Massachusetts Bay, in April, 1764, in 
 company with Mr. Israel Jones as my deputy, Mr. Nathan Jones 
 as commanding officer of a party of troops, and Captain Fletcher 
 as Indian interpreter, to repair to the Bay of Passamaquoddy to 
 assemble the Indians usually residing there, and from them to 
 ascertain the river known as the St. Cro'ix. We, accordingly, 
 assembled upwards of forW of the principal Indians upon an 
 island then called L'Atereel, in the said Bay of Passamaquoddy. 
 After having fully and freely conversed with them upon the 
 subject of our mission, the Chief commissioned three Indians to 
 show us the said river St. Croix, which is situated nearly six miles 
 north, and about three degrees east of harbor L'Tete, and east 
 north-east of the bay or river Schoodick, and distant from it about 
 nine miles on a right line. The aforesaid three Indians, after 
 having shown us the river, and being duly informed of the 
 nature and importance of an oath, did in a solemn manner depose 
 to the truth of their information respecting the identity of the 
 said river St. Croix, and that it was the ancient and only river 
 
10 THE NOETH-EASTEEN BOUND AEY. 
 
 known among them by that name. We proceeded conformably to 
 this information in our surveys ; and, in August following, I de- 
 livered to Gov. Bernard three plans of the said river St. Croix 
 and the said Bay of Passamaquoddy." 
 
 This statement of Mitchell is confirmed in every respect by 
 the deposition of Nathan Jones, given March 17, 1785, who 
 states that he was appointed by Gov. Bernard in 1764, com- 
 mander of a party to explore the woods and view the rivers, 
 bays, &c, to ascertain the river St. Croix dividing the Province 
 of Massachusetts Bay from Nova Scotia, and to perform a sur- 
 vey thereof. He said the river " St. Croix was then known as 
 the Maggacadava." 
 
 It must be remembered that in 1764, when this survey and 
 these plans were made, Massachusetts Bay and Nova Scotia 
 were both Provinces of Great Britain, and that the object of 
 Gov. Bernard, as a faithful servant of the Crown, was to find 
 and determine the true line. He had no interest to do anything 
 else. He appointed his Surveyor and other officers : they made 
 their report (which in respect to this line was in conformity 
 with the map of John Mitchell made eighteen years before), 
 and he accepted and acted upon it ; and from that date to the 
 time of the treaty, the line so foun^ was the established, the 
 recognized, and the undisputed line between these Provinces. 
 Thus by the treaty of 1783, all that then belonged to Massa- 
 chusetts, all that did not belong to Nova Scotia, was ceded to 
 the United States. The river St. Croix, dividing these Provinces, 
 had been ascertained, and declared in the report of 1764, as it had 
 also been laid down on the map used by the Commissioners 
 themselves. The question was settled. 
 
 It has been seen by the reports of Generals Knox and Lincoln 
 that Mitchell's map (although other maps were before them) 
 was the only one " used " by the Commissioners when the treaty 
 
THE NOETH-EASTEEX BOUNDARY. 11 
 
 was made, and that the line was drawn thereon. Not only is 
 there the testimony of Mr. Jay to this effect, but there is also 
 that of John Adams. "Writing from Anteuil, near Paris, October 
 25, 1784, to Governor Cushing, he says : 
 
 "We had before us through the whole negotiation, several maps, 
 but it was Mitchell's map upon which we marked out the whole of 
 the boundary lines of the United States ; and the river St. Croix 
 which we fixed on, was upon that map nearest to St. John ; so 
 that in all equity, good conscience and honor, the river next to St. 
 John's should be the boundary. I am glad the General Court are 
 taking early measures, and hope they will pursue them steadily 
 until the point is settled, which it may be now amicably ; if neg- 
 lected long, it may be more difficult." 
 
 Nor does the testimony stop here. Dr. Franklin was one of 
 the Commissioners by whom the Treaty of Peace was negoti- 
 ated, and on the 8th of April, 1790, in a letter to Mr. Jefferson, 
 he writes : 
 
 " I can assure you that I am perfectly clear in the remembrance 
 that the map we used in tracing the boundary was brought to the 
 treaty by the Commissioners from England, and that it was the 
 same as that published by Mitchell twenty years before. Having 
 a copy of that map by me in loose sheets, I send you that sheet 
 which contains the bay of Passamaquoddy, where you will see that 
 part of the boundary traced. I remember, too, that in that part 
 of the boundary we relied much on the opinion of Mr. Adams, who 
 had been concerned in some former disputes concerning these terri- 
 tories. * * * That the map we used teas MitchelVs map, 
 Congress were acquainted at the time by letter to their Secretary 
 of Foreign Affairs, which I suppose may be found upon their files." 
 
 One would suppose that upon this record, nothing could be 
 more clear and certain than that the river now called the Mag- 
 aquadavic, was the true St. Croix that divided the Provinces of 
 
12 THE NORTH-EASTERN BOUNDARY. 
 
 Massachusetts Bay and Nova Scotia. It was purely a question 
 of fact, not of convenience or argument. Did Messrs. Jay, 
 Adams and Franklin state the facts in the letters that have 
 been quoted ? That they did has never, to my knowledge, been 
 disputed. One will be curious to learn upon what plausible or 
 possible grounds it could be claimed that the Schoodic, or Passa- 
 maquoddy, was the St. Croix Eiver agreed upon and marked by 
 the Commissioners as the treaty river. 
 
 In the first place, no sooner had the treaty been ratified than 
 the British Government changed the ground on which it had 
 established its claims against the French, and adopted that of 
 France. So that Mr. Jay, our Minister at London, was well 
 justified in the prediction made to Mr. Randolph, our Secretary 
 of State, in a letter written November 19, 1794, in which he 
 said: 
 
 " In discussing the question about the river St. Croix before the 
 Commissioners," (Commissioners had at this time been agreed upon 
 by the treaty of 1791, known as Jay's treaty, for determining the St. 
 Croix), " I apprehend the old French claims will be revived. We 
 must adhere to Mitchell's map. The Vice President " (Mr. Adams) 
 " perfectly understood this business." 
 
 In pursuance of the 5th article of this treaty of 1794, a com- 
 mission, consisting of Thomas Barclay, David Howell (English- 
 men), and Egbert Benson (American), was appointed to decide 
 the question, " What river was the true St. Croix contemplated in 
 the treaty of peace, and formmg a part of the boundary therein 
 described ? " 
 
 In the argument made by the British agent before these 
 Commissioners, it was contended first, that by an Act of Parlia- 
 ment, in the year 1774, a line between Nova Scotia and Massa- 
 chusetts Bay was recognized which made the Schoodic Eiver 
 the boundary between these Provinces. 
 
THE NORTH-EASTERN BOUNDARY. 13 
 
 It will be observed that even if it should appear that the 
 Schoodic was recognized as the St. Croix, or as a St. Croix, by- 
 Act of Parliament in 1774, that that fact could in no way 
 affect the other and controlling one ; that the Commissioners 
 decided that the Magaquadavic was the St. Croix which was to 
 form the boundary, and traced it as such upon the official map. 
 
 But this point does not seem to have been greatly relied 
 upon. The main contention was really an appeal to considera- 
 tions of convenience and accommodation. The agent exerted 
 himself to maintain that the American construction would 
 carry the line to within a short distance of Fredericton, and 
 would, by separating the sources of certain rivers running into 
 the Bay of Chaleurs from their mouths,, produce such incon- 
 venience that it could not be supposed that such a line was in 
 the minds of the parties who negotiated the treaty. But, when it 
 is considered that the line from the source of the St. Croix, as 
 decided by these Commissioners of 1794 themselves, crosses 
 the same streams that fall into the Bay of Chaleurs, as well as 
 the river St. John, a river which falls into the Bay of Fundy, 
 separating its source from its debouchure, the assumption falls 
 to the ground. It is employed, however, to prove that as the 
 parties would respectively wish to secure within their own 
 limits the entire course of the streams which had an outlet 
 therein, they would fix upon that river as the true St. Croix of 
 the treaty, which would most nearly compass this desirable 
 end. 
 
 That this consideration had no practical weight with the 
 Commissioners by whom the treaty of peace was made, appears 
 not merely from the fact already stated, that the line, did divide 
 the sources of several important rivers from their m< tilths, but also 
 from the fact that the north-west angle of Nova Scotia (which, 
 by the treaty, was the north-eastern angle of the United States) 
 
14 THE NOETH-EASTEEN BOUNDAEY. 
 
 was known by all the parties to the treaty. It was a point on 
 the southerly border of Canada, and that border was, and long 
 had been, fixed upon a range of highlands well defined, and 
 situated but a short distance south of the St. Lawrence Eiver. 
 The angle was formed on this border by a line drawn due north 
 from the source of the river St. Croix. That this angle on the 
 southerly boundary of Quebec (Canada), was so located that a 
 line to it from the river St. Croix, whether that river was the 
 Schoodic or the Magaquadavic, would intersect rivers which had 
 their mouths within British territory, was known to the Com- 
 missioners as a fact that was beyond question. Everybody 
 knew it ; nobody doubted it. To found an argument from it 
 for a change of the river from the one agreed upon, implies a 
 belief on the part of the British agent that the United States, 
 in the exhausted condition of the country, would stand a great 
 deal of injustice before going to war again. 
 
 Great Britain, as has happened several times since, and nota- 
 bly in the late fisheries controversy, had the good fortune to be 
 strongly represented on the St. Croix Commission, while the 
 side of the United States was but feebly and inadequately sup- 
 ported ; and so in 1798, the former succeeded in obtaining a 
 report declaring the northerly branch of the Schoodic to be the 
 boundary line. She had claimed the westerly branch, and all 
 her arguments applied to that line, and were based on grounds 
 that rendered the acceptance of a more easterly branch inconsist- 
 ent and entirely inadmissable. She had demanded a line that 
 would have brought the Province of New Brunswick to near 
 the Passadumkeag Eiver, and which would have nullified or 
 contradicted every essential provision of the treaty, and she 
 gained (doubtless all that she ever expected) a compromise line. 
 The plain provisions of the treaty and all its undisputed history 
 were set aside. 
 
THE NORTH-EASTERN BOUNDARY. 15 
 
 By this settlement, which covered the only question as 
 to the boundary, then in dispute, and which proceeded all along 
 on the mutual understanding that the line north of the source 
 of the St. Croix, was where the United States claimed it to be, 
 the State of Maine lost a strip of territory from fifteen to 
 twenty miles in breadth, and one hundred and seventy-five 
 miles in length, including all that is west of the Magaquadavic 
 Eiver, and all that is west of the river St. John from a point 
 near the Meductic rapids some twenty miles below Woodstock, 
 embracing that fine town and the unrivalled farming tract above 
 and below it on the west side of the river St. John, as well as 
 an extensive territory east of the river. 
 
 II. But our bad fortune did not stop here. The Commis- 
 sioners, having agreed upon the river, decided that its source 
 was in what is now known as Bound Lake, the same, I suppose, "" 
 that is laid down as North Lake on Greenleafs map of 1815 ; 
 but, when they came to make their report, for reasons which I 
 have never been able to learn, substituted Cheputnecook for 
 Bound Lake, and thereby gave to New Brunswick a tract of 
 country of the average breadth of ten miles, and one hundred 
 and fifty miles long ; and more by so much than was actually 
 required, even upon the hypothesis that the Schoodic was the 
 true St. Croix. 
 
 III. The next question that arose under the treaty, was in 
 regard to the islands in Passamaquoddy Bay ; and this, too, was 
 decided in favor of Great Britain. By conceding the title of 
 Maine to Moose Island (Eastport) — which could never have 
 been in more doubt than her title to Mt. Desert — she acquired 
 Campo Bello, and Grand Menan, a large island on our coast 
 west of Eastport. This decision, while greatly objectionable, 
 and unsupported by the treaty, did not do such gross violence 
 to its terms, or to its history, as did that in respect to the St. 
 
16 THE NORTH-EASTERN" BOUNDARY. 
 
 Croix. It was made November 24, 1817, by Thomas Barclay 
 and John Holmes, Commissioners appointed under the pro- 
 visions of the 4th article of the treaty of Ghent, December 24, 
 1814. 
 
 IV. For twenty years subsequent to 1794 (or the date of 
 Jay's treaty), there was no denial of the claims of the United 
 States respecting the treaty line, north of the source of the St. 
 Croix, on the part of Great Britain ; but, on the contrary she 
 many times, and in various ways, assumed their correctness, and 
 acted upon that assumption. In the hearing before the Com- 
 missioners under this treaty, she asserted it, and obtained a de- 
 cision for which she argued on the basis of that assertion. In 
 1803, there was a convention between the two nations (which 
 the United States failed to ratify on account of a provision 
 touching our Western possessions), in which was inserted a 
 clause for running the line between the source of the St. Croix 
 and the north-west anale of Nova Scotia. It was a misfortune, 
 so far as this State was concerned, that this convention was not 
 ratified, for there can be no doubt that if it had been, the line 
 would have been run and established as claimed by the United 
 States ; for, at that time, there was no thought or suggestion of 
 any other line. 
 
 In 1804 and 1807, the subject of running the line according to 
 the treaty was referred to by the British Government in terms 
 implying that there was no difference of opinion between the 
 parties as to its construction. Massachusetts had exercised 
 undisputed jurisdiction over the territory afterwards brought into 
 question. In 1792, she sold to Henry Jackson and Boyal Flint 
 a large tract of land lying within the claim afterwards set 
 up by Great Britain ; and in 1794, Park Holland and Jona- 
 than Mayhew made a survey of the tract extending from the 
 St. Croix almost to the highlands dividing the waters of the 
 
THE NORTH-EASTERN BOUNDARY. 17 
 
 St. John and the St. Lawrence, and which they were prevented 
 from completing only by lack of provisions. This survey was 
 laid down on a map of Maine drawn by Osgood Carleton, in 
 1795. In 1797, Massachusetts granted from the territory, 
 afterwards in dispute, half a township to Deerfield Academy. 
 In 1806, a grant of a half township was made to General Eaton, 
 and in 1808, a whole township was granted to the town of 
 Plymouth. 
 
 Down to the close of the war of 1812, the question stood hi 
 this way : 
 
 1. The language of the treaty was plain, undisputed, indis- 
 putable. Let us turn to this language once more, and see if it 
 is open to doubt. "From, the north-west angle of Nova Scotia, 
 to wit : that angle which is formed by a line drawn due north 
 from the source of the St. Croix River to the highlands which 
 divide those rivers that empty themselves into the St. Lawrence 
 from those which fall into the Atlantic Ocean, to the north- 
 westernmost head of Connecticut River. * * Hast by a line 
 to be drawn along the middle of the river St. Croix, from its 
 mouth in the Bay of Fundy to its source, and from its source 
 directly north to the aforesaid highlands which divide the rivers 
 that fcdl into the Atlantic Ocean from those which fall into the 
 river St. Lawrence." 
 
 2. Great Britain had raised no question as to the validity of 
 our claim in respect to this line, but, in order to secure her own 
 interpretation as to the river St. Croix, had deliberately admitted 
 it, aad thereupon laid a foundation for an argument, to con- 
 vince the Commissioners of the justice of her contention in 
 regard to the river, and had further admitted it by the terms of 
 the Convention of 1803. 
 
 3. Massachusetts had exercised unquestioned and undis- 
 turbed jurisdiction over the territory for more than twenty years. 
 
 2 
 
18 THE NOETH-EASTEEN BOUND AEY. 
 
 But, by the close of the war of 1812-15, England had learned 
 something of the probable value of a way between her eastern 
 and western Provinces, and that such a way would most conven- 
 iently, if not necessarily, lead across the State of Maine. She 
 affected to believe (and therein was a grave affront) that that 
 war was waged by the United States in part for the conquest of 
 the Canadas, and insisted that it was therefore reasonable and 
 proper that she should take steps to protect them against future 
 attacks. On the fourth of September, 1814, her Minister at 
 Ghent wrote to our Minister as follows : " If, then, the security 
 of the British North American dominions requires any sacrifice" 
 (note the word) "on the part of the United States, it must be as- 
 cribed to the declared policy of that government in making the 
 war not one of self-defence, nor for the redress of grievances, real or 
 pretended, but a part of a system of conquest and aggrandizement." 
 
 But, even under the spur of this source of apprehension, Great 
 Britain was not prepared to assert that, by the treaty line, the 
 road-way was not in the territory of the United States. She ad- 
 mitted that it was, and asked for a conventional line. 
 
 On the eighth of August, 1814, the British Commissioners, 
 who were then engaged in an effort to make peace, in a note to 
 the American Commissioners, describe their request as " such a 
 VAEIATION of the line of frontier as may secure a direct commu- 
 nication between Quebec and Halifax." To this, on the twenty- 
 fourth of August, the American Commissioners replied that 
 they had " no authority to cede any part of the territory of the 
 United States," and could agree to no such line. The British 
 Commissioners, on the fourth of September, return to the sub- 
 ject, and say that they are " persuaded that an aeeangement 
 on this point might easily be made, if entered into in a spirit of 
 conciliation, without any prejudice to the interests of the dis- 
 trict in question." From this, it would seem that England did 
 
THE NORTH-EASTERN BOUNDARY. 19 
 
 not ask for a clear title, but only for an easement, or right of 
 way. But, however this may have been, the American Com- 
 missioners, on the ninth of September, protested once more that 
 they had no authority to cede any part of the State of Massa- 
 chusetts, even for an equivalent." But this plain and decisive 
 answer did not silence the British Commissioners ; it, however, 
 led them to change their base and plan of attack. And so we 
 find them, on the eighth of October, replying that the British 
 Government " never required that all that portion of Massachu- 
 setts intervening between the Provinces of New Brunswick and 
 Quebec should be ceded to Great Britain ; but only that small 
 portion of unsettled country which interrupts the communica- 
 tion between Quebec and Halifax, there being much doubt whether 
 it does not already belong to Great Britain." 
 
 It is curious to note that when at last the British Commission- 
 ers found themselves compelled to take a new departure, and 
 occupy a position inconsistent with all their previous claims, 
 and arguments and concessions, the new role was so strange, 
 that in opening it they could not avoid confessing, by their 
 language, that it was a false one. They spoke of a cession, i. e., 
 of a grant, of a " small portion " of country that " interrupts the 
 communication between Quebec and Halifax." As that inter- 
 ruption was between the Grand Falls on the St. John and the 
 river St. Lawrence, it results that at this time the American 
 title north of the former river was acknowledged, and a cession 
 of a small part of it only solicited. 
 
 This was the prelude to the doubt, raised for the first time in 
 the history of this question, as to the perf ectness of the Ameri- 
 can title — a doubt not only unmentioned, but unexisting, until 
 after it had been discovered that no propositions for a new line 
 would be entertained by the Commissioners of the United States. 
 There was then no alternative for Great Britain but to lay the 
 
20 THE NORTH-EASTERN BOUNDARY. 
 
 foundation for a dispute, and see what would come out of it. 
 But even then, she was not prepared to claim as hers, by the 
 terms of the treaty, the territory which she had so persistently 
 urged, and still continued to urge the government of the United 
 States to cede to her. 
 
 Finding that no " variation," " cession," " revision," or " ar- 
 rangement " could be obtained through the American Commis- 
 sioners, a provision — being the 5th article of the Treaty of 
 Ghent — was agreed upon for running the line (not for making a 
 new one) in conformity with the treaty of 1783. It was further 
 stipulated that in case a failure to run the line by the Commis- 
 sioners, to be appointed for that purpose, the differences arising 
 between the parties should be referred to the decision of a 
 friendly Sovereign. 
 
 Thomas Barclay, of whom we have heard more than once 
 before, as a Commissioner under the treaty, on the part of Great 
 Britain, and Cornelius P. Van Ness, on the part of the "United 
 States, were appointed Commissioners to ascertain and run the 
 line. An actual survey was arranged, and surveyors appointed, 
 to wit : Charles Turner, Jr., on the part of the United States, and 
 Colin Campbell on the part of Great Britain. About twenty 
 miles of the line was surveyed, then the work was discontinued, 
 never to be resumed ; but an exploring survey was commenced 
 by Col. Bouchette, on the part of Great Britain, and John 
 Johnson, on the part of the United States. These gentlemen 
 made an exploring line in 1817, extending ninety-nine miles 
 from the monument at the head of the river St. Croix, and made 
 separate reports of their doings. In 1818, Mr. Johnson, with 
 Mr. Odell, who had taken the place of Col. Bouchette, finished 
 running the exploring line to the Beaver or Metis Biver. It 
 was in this year that the opinion was first expressed by the 
 British agent, that Mars Hill, an isolated mountain south of 
 
THE NORTH-EASTERN BOUNDARY. 21 
 
 the Aroostook Eiver, might be . the north-west angle of Nova 
 Scotia, and the north-eastern boundary of Maine. And he, 
 having given expression to this novel and preposterous concep- 
 tion, proposed to discontinue the survey along the highlands 
 south of the river St. Lawrence, return to Mars Hill, and ex- 
 plore thence westerly towards the sources of the Chaudiere and 
 Kennebec. The result was that the surveyors disagreed, the 
 British surveyor refused to go on and finish the exploring sur- 
 vey now almost completed, and the work was abandoned. 
 
 From this time, Great Britain began to assert title in herself 
 to the country north of Mars Hill, hesitatingly at first, but more 
 positively afterwards. To enable her to do this, even to her 
 own acceptance, she was compelled to rely on the quibble here- 
 tofore mentioned, that a line due north from the source of the 
 St. Croix would, before reaching the north-west angle of Nova 
 Scotia, as claimed by the United States, and as laid down in all 
 the Provincial charters and commissions of royal Governors, 
 cross several streams that flow into the Bay of Chaleurs ; and, 
 therefore, these highlands would not divide waters that empty 
 themselves into the river St. Lawrence from those which fall 
 into the Atlantic Ocean. 
 
 And it signified nothing to her that it was answered, that the 
 plain meaning . of the treaty was to find highlands which 
 divided rivers flowing into the St. Lawrence from those falling 
 into the Atlantic Ocean directly, or through some bay or gulf. 
 It was hi vain that it was replied that this new interpretation 
 defeats the treaty line altogether; for by it, even the river 
 St. John does not fall into the Atlantic Ocean, but into the Bay 
 of Fundy. If these highlands are denied because they cannot 
 be reached before crossing the waters of the Kestigouche, neither 
 can they without crossing the St. John, the Aroostook, the 
 Meduxnekeag and other rivers. The Penobscot Eiver does not 
 
22 THE NORTH-E ASTERN BOUNDARY. 
 
 fall into the Atlantic Ocean upon this interpretation, but into 
 Penobscot Bay ; the Kennebec flows into the Bay of Sagadahoc, 
 and not into the Atlantic Ocean. There are, upon this view, 
 no rivers on our coast that fall into the Atlantic. It was in 
 vain that it was said that, upon the British contention, the line 
 does not divide any rivers that fall into the St. Lawrence from 
 any other rivers whatever ; that it divides only those falling 
 into the St. John on the north and east from those falling into 
 the Penobscot and Kennebec on the south and west, and not 
 any that flow into the St. Lawrence on the one side from any 
 that flow into the Atlantic Ocean on the other ; that it was 
 pointed out that on the British construction, both the St. 
 Lawrence Kiver and the Atlantic Ocean were completely erased 
 from the treaty. And it availed nothing that the absolutely 
 unanswerable point was made, that the southerly line of the 
 Province of Quebec ran along highlands which divided waters 
 that fall into the St. Lawrence from those which flow into the 
 ocean through the Bays of Chaleurs, Fundy, Penobscot, &c, and 
 was a well-known and established line for many years, and that 
 where a line drawn from the head of the river St. Croix inter- 
 sected the south line of the old Province of Quebec, was the 
 north-west angle of Nova Scotia — the angle referred to in the 
 treaty. It was all irrelevant or unimportant ; Mars Hill, an 
 isolated peak, and no range at all, several miles west of a direct 
 north line from the source of the St. Croix, and in no way 
 intersected by such a line, was the true angle. True, it was a 
 solitary peak ; it was not touched by the north line ; it divided 
 no rivers running into the St. Lawrence from any that were 
 emptied into the ocean, or that had an outlet anywhere else ! 
 An administration that should at the present day receive such 
 a pretension as this in any other light than as a deliberate affront, 
 would be regarded as unworthy of the public respect, and be 
 
THE NORTH-EASTERN BOUND AEY. 23 
 
 speedily dismissed from its confidence. It was only in the hour 
 of the country's exhaustion, and absolute need of a season for 
 recuperation, that the provocation for plainness of speech or for 
 action, such as I am glad to say was in our own State not un- 
 worthily responded to, was restrained in the country at large 
 by what were regarded as the counsels of prudence. 
 
 Down to 1763, when by treaty with the Trench, Canada was 
 acquired by Great Britain, both New England and Nova Scotia 
 extended to the southerly shore of the St. Lawrence Eiver. 
 But, at this time, when it became necessary to establish the 
 Province of Quebec, the King extended its limits so as to include 
 the valley of that river on the south. The royal proclamation 
 of October 7, 1763, established the southerly boundary of the 
 Province of Quebec on the highlands which separated the rivers 
 running to the north or north-east into the St. Lawrence from 
 those running to the south and south-east. In other words, the 
 Treaty of Peace of 1783 made this southerly boundary of 
 Quebec the northerly one of Massachusetts. Parliament, in 
 1774, confirmed the southerly boundary of Quebec as described 
 in the proclamation of the King in the previous year. 
 
 A map, on which these highlands were laid down, had been 
 made by John Mitchell, at the request of the Lords Commis- 
 sioners of Trade and Plantations, in 1755, and was the acknowl- 
 edged, authoritative map of the time. So far as this boundary 
 line is concerned it was, as we have seen, followed and adopted 
 by John Mitchell in his survey and plan in 1764. Whether the 
 John Mitchell who made the survey in the latter year was the 
 author of the map of 1755 or not, it is certain that the easterly 
 line of Massachusetts, as claimed by the United States, was 
 verified and authenticated by both the map of 1755 and the 
 plan of 1764. The former was produced by the British Com- 
 missioners at the negotiation of the treaty, and was adopted and 
 
24 THE NORTH-EASTERN BOUNDARY. 
 
 used by both parties. It was the official map, and a part of the 
 record. 
 
 Eeferring to the point on which the British pretensions were 
 founded, to wit : that the St. John Eiver does not fall into the 
 Atlantic Ocean, but into the Bay of Fundy, and therefore the 
 dividing line or highlands must be sought south of this river, 
 I am induced to quote a few paragraphs from a report made to the 
 Senate of the United States, July 4, 1838, by Mr. Buchanan, 
 afterwards President of the United States : 
 
 " Now, what are the objections to this extraordinary pretension, 
 as the committee are constrained to call it ? 
 
 "And, first, what is the Bay of Fundy, if it be not a part of the 
 Atlantic Ocean ? A bay is a mere opening of the main ocean into 
 the land — a mere interruption of the uniformity of the seacoast by 
 an indentation of water. These portions of the ocean have received 
 the name of bays, solely to distinguish them from the remainder of 
 the vast deep, to which they belong. Would it not be the merest 
 special pleading to contend that the Bay of Naples was not a por- 
 tion of the Mediterranean, or that the Bay of Biscay was not a part 
 of the Atlantic Ocean ? 
 
 "Again : the description of the treaty is, ' rivers which fall into 
 the Atlantic Ocean.' Can it be said, with any propriety, that a 
 river does not fall into the Atlantic, because, in reaching the main 
 ocean, it may pass through a bay ? And yet this is the British 
 argument. The Delaware does not fall into the Atlantic, because 
 it flows into it through the Bay of Delaware ; and, for the same 
 reason, the St. John does not fall into the Atlantic, because it flows 
 into it through the Bay of Fundy. The committee know not how 
 to give a serious answer to such an argument. The bare statement 
 of it is its best refutation. 
 
 " But, like all such arguments, it proves too much. If it be 
 correct, this portion of the treaty of 1783 is rendered absurd and 
 suicidal ; and the wise and distinguished statesmen, by whom it 
 
THE NORTH-EASTERN BOUNDARY. 25 
 
 was framed, must be condemned by posterity, for affixing their 
 names to an instrument, in tbis particular, at least, absolutely void. 
 Although they believed they would prevent ' all disputes which 
 might arise in future, on the subject of the boundaries of the 
 United States,' by fixing their commencement at ' the north-west 
 angle of Nova Scotia,' and running from thence along ' the high- 
 lands which divide those rivers which empty themselves into the 
 river St. Lawrence, from those which fall into the Atlantic ocean,' 
 yet it is absolutely certain, that there was not a single river in that 
 whole region of country which, according to the British construc- 
 tion, did fall into the Atlantic ocean. They all fall into bays, with- 
 out one exception. Neither can we plead ignorance as an excuse 
 for these Commissioners ; because it is fully in proof, that they had 
 Mitchell's map before them, from which the fact clearly appears. 
 The Eistigouche does not fall into the Atlantic, because it has its 
 mouth in the Bay of Chaleurs ; nor does the Penobscot, because its 
 mouth is in the Bay of Penobscot ; nor do the Kennebeck and 
 Androscoggin, because, after their junction, they fall into the Bay 
 of Sagadahock. The same is true, even of the Connecticut, be- 
 cause it empties itself into Long Island Sound. All the rivers in 
 that region are in the same condition with the St. John. Tbus it 
 appears, if the British argument be well founded, that the Com- 
 missioners have concluded a treaty, and described highlands, whence 
 streams proceed falling into the Atlantic, as a portion of the bound- 
 ary of the United States, when from the very face of the map be- 
 fore them, it is apparent no such streams exist. 
 
 "There is another objection to the British claim, which is con- 
 clusive. Wherever the highlands of the treaty exist, they must be 
 highlands from which on the north side streams proceed falling 
 into the St. Lawrence. This portion of the description is as es- 
 sential as that from their south side streams should issue falling 
 into the Atlantic. Now, the British claim abandons the former 
 part of the description altogether. Their line of highlands com- 
 mencing at Mars Hill, is at least a hundred miles south of the 
 
26 THE NORTH-EASTERN BOUNDARY. 
 
 highlands whence the tributaries of the St. Lawrence flow. Be- 
 tween these highlands and those claimed by the British Govern- 
 ment, the broad valley of the St. John spreads itself, watered by 
 the river of that name, and the streams which empty into it from 
 the north and from the south. The two points on the western line 
 of New Brunswick are distant from each other more than a hun- 
 dred miles ; and when you arrive at the British highlands, you find 
 that they divide the sources of the St. John and the Penobscot, and 
 not the sources of streams falling into the St. Lawrence and the 
 Atlantic Ocean, according to the description of the treaty. 
 
 " But how is it possible ever to embrace Mars Hill in the line of 
 highlands running from the western extremity of the Bay of 
 Chaleurs, and forming the southern boundary of the Province of 
 Quebec ? It is clear that in this, and in this alone, the north- 
 western angle of Nova Scotia is to be found. Mars Hill is one 
 hundred miles directly south of this line. You cannot, by any 
 possibility, embrace that hill in this range, unless you can prove 
 that a hill in latitude 46^ is part of a ridge directly north of it in 
 latitude 48 ; and this, notwithstanding the whole valley of the St. 
 John, from its southern to its northern extremity, intervenes 
 between the two. The thing is impossible. Mars Hill can never 
 be made, by any human ingenuity, the north-west angle of Nova 
 Scotia." 
 
 In closing the discussion of the question of right, Mr. Bu- 
 chanan's report employs this very emphatic language : 
 
 " Upon the whole, the committee do not entertain a doubt of the 
 title of the United States to the whole of the disputed territory. 
 They go further, and state that if the general Government be not 
 both able and willing to protect the territory of each State invio- 
 late, then it will have proved itself incapable of performing one of 
 its first and highest duties." 
 
 The following resolution was passed unanimously by both 
 Houses of Congress: 
 
THE NORTH-EASTERN BOUNDARY. 27 
 
 "■Resolved, That after a careful examination and deliberate con- 
 sideration of the whole controversy between the United States and 
 Great Britain, relative to the north-eastern boundary of the former, 
 the Senate does not entertain a doubt of the entire practicability 
 of running and marking that boundary, in strict conformity with 
 the stipulations of the definitive treaty of peace of seventeen 
 hundred and eighty-three ; and it entertains a perfect conviction 
 of the justice and validity of the title of the United States to the 
 full extent of all the territory in dispute between the two parties." 
 
 Having thus described and explained the several and con- 
 flicting claims of Great Britain in respect to this territory, I 
 now proceed to give a brief history of negotiations and events 
 connected with the question subsequent to the treaty of Ghent, 
 and to the abandonment of the Odell and Johnson survey. 
 
 For twenty years after this treaty, Great Britain received 
 no new light, and made no new arguments ; but with these 
 alone she commenced making aggressions — gradually, quietly, 
 moderately at first, so as not too soon to arrest the atten- 
 tion of the United States — and after a series of acts of occu- 
 pation and jurisdiction, came at length to more open and 
 positive claims, such as should afford a pretext for proposing a 
 mutual or concurrent jurisdiction of the territory. 
 
 Following the course of events after the erection of Maine 
 into a State, we find in the year in which that event happened, 
 the government of the United States taking the census of Mada- 
 waska, on both sides of the river St. John, with no objection 
 from Great Britain. 
 
 Governor King, in his message to the first Legislature of 
 Maine, expresses his inability to inform that body what progress 
 had been made under the 5th article of the treaty of Ghent, in 
 settling the boundary, but he complains that the agent ap- 
 pointed on the part of the United States, in reference to this 
 
28 THE NORTH-EASTERN BOUNDARY. 
 
 question, had not been selected from Maine or Massachusetts. 
 The Legislature passed a Eesolve requesting the federal govern- 
 ment to cause the line to be run and established. 
 
 Governor Parris, in his annual message hi 1822, informs the 
 Legislature that he learns that the "claims of the British Com- 
 missioner cover a tract of country heretofore confessedly be- 
 longing to this State, and over which it has exercised jurisdic- 
 tion," and suggests that the attention of our Senators and 
 Representatives in Congress be called to the subject, and the 
 more, as neither the* Commissioner or agent, on the part of the 
 United States, belongs to this State. A Eesolve was passed by 
 the Legislature January 16, 1822, requesting our Senators and 
 Representatives in Congress "to collect all the information 
 winch they can obtain, relating to the causes which have pro- 
 duced the difference of opinion between the American and 
 British Commissioners, * * * and the extent and nature 
 of the claims set up by the British Commissioner, and transmit 
 said information to the Executive of this State." 
 
 In his message for 1823, Governor Parris makes no reference 
 to this subject. 
 
 In 1824, he returns to the question in these words : " In 
 consequence of the disagreement of the Commissioners ap- 
 pointed under the 5th article of the treaty of Ghent, a proposi- 
 tion has been made by the government of the United States, 
 and accepted by the British Government, to endeavor to estab- 
 lish this boundary by amicable negotiation, rather than by the 
 decision of a foreign power, as provided by the treaty. This ar- 
 rangement is believed to be satisfactory to Maine, and we have 
 reason to feel a confidence that the negotiation will be so con- 
 ducted as to secure to this State its just rights." 
 
 But matters do not look quite so well in 1825, and we find 
 Governor Parris a little impatient at the slow progress that is 
 
THE NORTH-EASTERN BOUNDARY. 29 
 
 being made towards an establishment of the boundary line. 
 He tells the Legislature, in his message to that body, that " there 
 is reason to believe that depredations to a very considerable 
 extent have been committed on our timber lands lying on the 
 Aroostook and Madawaska, and other streams emptying into the 
 St. John. * * It is represented that these depreciations are 
 committed by British subjects, and on that portion of the terri- 
 tory of the State which is claimed by the British government as 
 belonging to the Province of New Brunswick. This pretended 
 claim, it is understood, includes about one-third of our territory, 
 and comprehends a great portion of our best timber land and 
 large tracts of superior quality for cultivation and settlement." 
 
 A committee of the Legislature reported that they were sat- 
 isfied that the trespasses referred to by the Governor, were 
 committed under permits and licenses from British authorities, 
 and that it behooved the States of Maine and Massachusetts 
 " to adopt the most efficient measures to prevent further en- 
 croachments upon this territory, and to urge upon the national 
 government the necessity and importance of bringing to a 
 speedy and favorable termination the negotiation on this inter- 
 esting subject, which has been so long protracted." 
 
 On the twenty-sixth of February of this year, the Legisla- 
 ture passed a Eesolve respecting the settlers on the territory, of 
 which the following is a copy : 
 
 "Whereas, There are a number of settlers on the undivided 
 public lands on the St. John and Madawaska Rivers, many of 
 whom have resided therein more than thirty years ; therefore, 
 
 "Resolved, That the land agent of this State, in conjunction 
 with such agent as may be appointed for that purpose on the part 
 of the State of Massachusetts, be, and he is hereby authorized and 
 directed to make and execute good and sufficient deeds conveying 
 to such settlers in actual possession, as aforesaid, their heirs and 
 
30 THE NORTH-EASTERN BOUNDARY. 
 
 assigns, one hundred acres each of the land hy thern possessed, to 
 include their improvements on their respective lots, they paying 
 to the said agent, for the use of the State, five dollars each and the 
 expense of surveying the same." 
 
 Authority was given by another Eesolve to sell timber on 
 territory lying on or near the river St. John. 
 
 Massachusetts passed similar Eesolves to the above, and 
 during the year deeds were executed and delivered by James 
 Irish and George W. Coffin, land agents, to John Baker and 
 James Bacon, of the lands occupied by them on the north side 
 of the St. John Eiver, lying on the Mariumpticook Biver, west 
 of the Madawaska Biver, and ten to fifteen miles above any of 
 the French settlements. As early as 1817, several families 
 from Kennebec County had settled in this neighborhood, 
 among whom was Nathan Baker. Nathan died before 1825, 
 and his widow married his brother, John Baker, who occupied 
 the premises that had been taken up by Nathan, and on which 
 not only a dwelling house, but a saw mill and grist mill, had 
 been erected. There were several other American settlers in 
 this neighborhood. 
 
 Governor Parris called the attention of the Legislature to the 
 subject once more, in his annual message of 1826, and expresses 
 increased uneasiness in view of the condition of affairs, and 
 urges that measures be taken to procure copies of maps, reports 
 and other papers bearing upon the question. In the Legisla- 
 ture, a committee, of which Beuel Williams was chairman, 
 reported a Besolve, which was passed, requesting the Governor 
 to procure copies of maps, documents, publications, papers and 
 surveys relating to the boundary ; and also, if Massachusetts 
 should concur, to " cause the eastern and northern lines of the 
 State of Maine to be explored, and the monuments upon those 
 
THE NORTH-EASTERN BOUNDARY. 31 
 
 lines mentioned in the treaty of 1783 to be ascertained in such 
 manner as may be most expedient." 
 
 Another Eesolve passed by the Legislature this year, provided 
 for the opening and clearing of a road from Penobscot Eiver to 
 Houlton, and for marking a road from the mouth of the Matta- 
 wamkeag to the mouth of Fish Eiver in the river St. John. 
 
 In January, 1827, Enoch Lincoln, whose devotion to the 
 interests and honor of the State was so engrossing and complete 
 as to make his name a synonym for both, was inaugurated Gov- 
 ernor. 
 
 Eeferring in his first message to the north-eastern boundary 
 question, he said — 
 
 " It becomes a community to be tenacious of its territorial pos- 
 sessions, when its relative political importance and its self-pro- 
 tecting powers are in a degree involved in tbem. But as we have 
 no reason to believe that the right or disposition anywhere exists 
 to cede our soil, under the pretext of adjusting a limit, which 
 would be an abuse in which neitber the people nor the govern- 
 ments of the Union or the States would acquiesce, we may safely 
 anticipate that our landmarks will be held sacred, and that our 
 inalienable sovereignty will be respected." 
 
 Here were strong, clear, unmistakable words. The right, 
 which there were some grounds to fear might be asserted, was 
 denied — the right to cede our soil " under the pretext of adjust- 
 ing a limit." Our title was " inalienable." 
 
 It has been seen that the Legislature of the last year called on the 
 government of the United States for copies of maps and documents. 
 This request was not complied with, for reasons which appear 
 hi the journal of President John Quincy Adams, under date of 
 August 14, 1826. Mr. Adams says : " Mr. Parris " — Governor 
 Parris of Maine, who had called upon the President — " spoke of 
 the deep int*est which his State had in the controversy ; and 
 
32 THE NORTH-EASTERN BOUNDARY. 
 
 although he felt full confidence that the government of the 
 United States would consent to no stipulation injurious to the 
 rights of the State, yet he said they were not without appre- 
 hensions that New York might be willing to purchase Eouse's 
 Point at the expense of Maine " — a fear that was prophetic, for 
 it was literally realized in the Ashburton treaty in 1842. The 
 journal continues : " He manifested a wish to be furnished with 
 copies of the arguments of the agents, and reports of the Com- 
 missioners under the 5th article of the treaty of Ghent, which 
 we declined giving heretofore, from an apprehension that a pre- 
 mature disclosure of them might operate unfavorably upon the 
 negotiation. I told him that their great bulk was an obstacle 
 to the furnishing of copies, but that they had been, and would 
 still be, open to the inspection and perusal of the Eepresenta- 
 tives and Senators from Maine, and would be equally so to the 
 Governor of the State, if present." 
 
 Alluding to this refusal to give copies by the federal govern- 
 ment, Governor Lincoln, in his message for 1827, said : " My 
 immediate predecessor has solicited the documents contemplated 
 by a Resolve of a former Legislature relative to our boundary, 
 and I cannot but hope that the person applied to will find the 
 obligations of his situation so modified as to admit his furnish- 
 ing the proper officers of this State information by which it 
 may be prepared to judge correctly of the rights of the Union and 
 of a foreign nation, in connection with that independent right 
 which it ought to maintain, so far as the prudent application of 
 all its justifiable means will permit." 
 
 So much of this message as related to the boundary was 
 referred to a joint select committee, which made a brief report 
 through the Hon. John G. Deane, a gentleman who^with the 
 possible exceptions of Governor Lincoln and Mr. Daveis, under- 
 stood this question better than any man living. • 
 
THE NORTH-EASTERN BOUNDARY. 33 
 
 " The State," said the committee, " neither seeks nor claims 
 more than her own, but she has a deep interest in preserving 
 and retaining all to which she has a right ; and will not be 
 wanting in any proper exertion to preserve and maintain the 
 integrity of her territory." Again, " We can anticipate only 
 one class of events which would invest a right in the general 
 government to give up any such territory ; and those events are 
 such only which, from the application of external force, would 
 impair the national compact and destroy the present Union. 
 In any other case we deny the right of the government of the 
 United States to yield any portion of our territory to any other 
 independent sovereignty, unless by the consent of the State." 
 
 A Eesolve was passed requesting the Governor to take all 
 measures he should deem expedient in acquiring information, 
 and procuring a speedy adjustment of the dispute according to 
 the treaty of 1783. 
 
 Full of the subject himself, sensitive to the honor of the Com- 
 monwealth, stung by the indignity done her by the seizure and 
 imprisonment of her citizens by a foreign power, impatient of 
 the trifling excuses and pretexts by which her rights and in- 
 terests had been kept in abeyance for forty years, and thus 
 armed and instructed by the Legislature, the Governor went to 
 work at once, in the most earnest and vigorous manner, to bring 
 the question to the front and secure its prompt and just settle- 
 ment. 
 
 On the twentieth of March, he addressed a letter to the Sec- 
 retary of State at Washington, transmitting the above Eeport 
 and Eesolve, and asking for copies of the documents which had 
 been before denied. The Secretary (Mr. Clay) replied on the 
 twenty-seventh of March, and assured the Governor that the 
 President felt a most lively solicitude on the subject that Mr. 
 Gallatin was charged with, and had entered on a negotiation 
 
 3 
 
34 THE NOETH-EASTEEN BOUNDAEY. 
 
 concerning it ; that the prospect was that there would be no 
 alternative but referring the difference to arbitration according 
 to the provisions of the treaty of Ghent ; that copies of maps, 
 surveys, or documentary evidence would be furnished when ap- 
 plied for, but that copies of the reports and arguments of the 
 Commissioners could not be given ; that the British government 
 had abstained, under a promise given by her Minister at Wash- 
 ington, from any new exercise of sovereignty over the disputed 
 territory, and he hoped that Maine would, during the pendency 
 of negotiations, practice a like forbearance. 
 
 To this communication Governor Lincoln replied on the eight- 
 eenth of April, 1827, and, after assuring the President (in answer 
 to some unfounded report that State officials had been proposing 
 a change of boundary) " that Maine will never jeopardize the 
 common welfare by failing to insist on the justice and inde- 
 feasible character of its claim, or by shrinking from a firm 
 assertion of it in any alternative," he continued, that it was 
 " with regret, not unmingled with mortification, that he con- 
 sidered the denial of the use of the reports and arguments of 
 the Commissioners under the treaty of Ghent. * * * Maine 
 had sought information only as an interest vital to herself, as 
 well as important to the country, without any purpose calcu- 
 lated to excite distrust, with only such patriotic views as have 
 rendered the refusal to comply with her request a subject of 
 that species of surprise which a friend, predetermined to take 
 no offence, feels when he is not treated with correspondent confi- 
 dence." The request for papers is renewed, under a promise 
 that they shall be used only before the Legislature, and under 
 the restrictions of confidential communications. The Governor 
 then reminds Mr. Clay that it is a proposition which .has been 
 demonstrated by himself " so clearly as to have commanded 
 general respect, that the abstraction of the territory of the 
 
THE NORTH-EASTERN BOUNDARY. 35 
 
 United States cannot be made by the treaty-making or executive 
 power." Much more, then, he says, must the domain of a State 
 be sacred. Eef erring to an expression of Mr. Gallatin, that an 
 umpire, whether king or farmer, rarely decides on strict princi- 
 ples of law, and has always " a bias to try, if possible, to split 
 the difference," he protests against any arrangement which will 
 endanger the half from the circumstance of a wrongful claim to 
 the whole, under the pitiful weakness which is liable to split 
 the difference between riQ'ht and wronsj. 
 
 Mr. Clay writes the Governor on the seventh of May, giving lists 
 of the papers and maps, copies of which would be furnished ; 
 and as to the others, he says they may be inspected by the 
 Governor, or any agent of the State, confidentially. 
 
 On the twenty-ninth of May, Governor Lincoln, after referring 
 to the discouraging character of his previous correspondence 
 with the Secretary of State, says, " that having learned that the 
 title of the State " to an extensive tract of country, " is involved 
 in the details of a diplomatic arrangement conducted under the 
 sanction of the executive department of the federal government, 
 Maine, although not consulted, yet bound from deference to pay 
 a due respect to reasons, the nature and force of which she is, 
 from a studious and mysterious reserve, rendered unable to 
 comprehend, believes that she ought to present her expostula- 
 tion in regard to any measures threatening her injury." He 
 understands that the question is not to be limited in the submis- 
 sion to the treaty line of 1783, and that the Sovereign may de- 
 cide at pleasure on the whole subject, without being bound by 
 tbe obligations of an oath ; and that the Sovereign is one whose 
 feelings will be prejudiced against a Eepublic accused of inor- 
 dinate ambition. And he adds : " It is not in cold blood that I 
 can anticipate the committing the destinies of Maine to an irre- 
 sponsible arbiter to be found in a distant land, and necessarily 
 
36 THE NORTH-EASTERN BOUNDARY. 
 
 unqualified to act in the case. * * Suffice it to say that the 
 proposed arbitration will jeopardize; without her consent and 
 against her will, the rights of Maine. And allow me to add," 
 continued the Governor, in those grave and strong words which 
 stirred the blood of every true son of Maine to a boiling heat, 
 and, reaching the department of State, brought the federal 
 administration to a halt in what it had been apprehended 
 were its purposes, " that if called upon to make the required 
 sacrifice, she will he compelled to deliberate on an alternative 
 which will test the strictness of her principles and the firmness 
 of her temper." 
 
 He reminds the President that when Massachusetts entered 
 the Union " she yielded no right to dispose of her soil, or to ab- 
 stract any part of it from her jurisdiction, * * nor to ex- 
 pose, without her consent, her dearly purchased and sacred 
 rights to arbitrament." He warns him that the State of Maine 
 " will not observe any procedure by the United States and Great 
 Britain for the severance of her territory and the abrogation of 
 her authority, without a sensibility too serious to be passive. 
 She holds that her domain is not the subject of partition." He 
 puts the question in a paragraph : " No statesman will assert 
 that the treaty-making power is competent to an act trans- 
 cending the scope of the combined trusts of the government." 
 
 Eecurring, as he could not help doing, to the effrontery of the 
 British claim, with which our government permitted itself to 
 be trifled with, he declares that " It may be confidently asserted 
 not only that the provision of the treaty of 1783 is imperative, 
 but that it describes our boundary with a precision which 
 shames the British claim, and, connected with the making of 
 that claim, casts a shadow over the lustre of the British charac- 
 ter." He closes this remarkable letter with an expression of 
 regret that the. government should refuse the information con- 
 
THE NORTH-EASTERN BOUNDARY. 37 
 
 » 
 
 templated by a resolution of the State, but says he shall con- 
 tinue to hope for the preservation, under the protecting care of 
 the government, of that now exposed territory, destined under 
 any proprietor to be soon occupied by a numerous population, 
 engaged in all the pursuits which sustain human life and adorn 
 human nature." 
 
 This letter is acknowledged by Mr. Clay on the ninth of 
 June, and the Governor is assured that the observations made 
 therein shall receive due attention and respectful consideration, 
 and that in no contingency is any arbitration contemplated of 
 the difference between the two countries, but that for which 
 provision has been solemnly made by treaty — that is, the ques- 
 tion to be submitted shall concern alone the treaty line of 1783. 
 
 September third, the Governor informs the Secretary of State, 
 that he has information of acts of encroachment and aggression 
 upon our territory by the authorities of New Brunswick ; that 
 American settlers holding lands, under titles from Maine and 
 Massachusetts, are denied the right to hold real estate, are taxed 
 as aliens, and are refused the transmission of their products as 
 American, while acts of jurisdiction are constantly exercised 
 by these authorities. He then proceeds to show the value of 
 this country to Maine and the United States, and the import- 
 ance of excluding British control and jurisdiction. He refers 
 to our right to the navigation of the river St. John by the law 
 of nations, as recognized in the case of the Mississippi Biver, 
 and to the wrong that will be done if this right is allowed to 
 be successfully contested. He again informs the Department 
 that Maine will never assent to the result of an arbitration un- 
 favorable to her interests and in derogation of her rights. 
 
 On the fourteenth of September, Mr. Clay informs Governor 
 Lincoln that he has advised the British minister that it is ex- 
 pected the necessary orders will be given on the part of. the 
 
38 THE NORTH-EASTERN BOUNDARY. # 
 
 British government to enforce forbearance from new acts tending 
 to strengthen its claims'. It will be remembered that an under- 
 standing had been come to between these parties, that there 
 should be no " new " acts of this kind by either side. f 
 
 Notwithstanding this agreement and notice, Governor Lincoln 
 had occasion, on the twenty-second of October, to write the 
 Lieutenant-Governor of New Brunswick, that he has informa- 
 tion that one of the citizens of Maine, by the name of John 
 Baker, while residing on its territory, has been arrested and de- 
 tained in gaol at Fredericton, in that Province, and asks to be 
 advised concerning the facts. He informs the Lieutenant-Gov- 
 ernor that the attempt to extend the jurisdiction of New 
 Brunswick over this territory will compel counter action from 
 Maine. He says : " The arrest of our citizens on what we believe 
 to be a part of our State, will demand its utmost energies for 
 resistance." 
 
 The Lieutenant-Governor of New Brunswick, on the fifteenth 
 of November, acknowledges the receipt of the above letter, but 
 declines to give any information, on the ground that he is not 
 permitted to give it except to those with whom he is directed 
 to correspond, or under whose orders he is placed, and declines 
 to have any further correspondence with the Governor of Maine. 
 The scarcely veiled insolence of this reply, especially when con- 
 sidered in connection with the correspondence between Gov- 
 ernor Fairfield and Lieutenant-Governor Harvey, hereafter re- 
 ferred to, is painfully apparent. 
 
 The Governor of Maine, however, came into possession of an 
 official writ, by which it appeared that John Baker was ordered 
 to appear and answer for that he had entered and intruded upon 
 the lands of the King in the County of Kent, in the Province 
 of New Brunswick, and erected and built thereon a house and 
 other edifices, and cut and felled and carried away timber and 
 
THE NORTH-EASTERN BOUNDARY. 39 
 
 other trees, &c. This was alleged to have been done on land 
 situated on the northerly side of the St. John River, and between 
 the rivers Madawaska and St. Francis. 
 
 On the fifth of November, the Governor appointed Charles 
 Stuart Daveis, Esquire, of Portland, agent, with authority to act 
 in behalf of the State of Maine in obtaining information, either 
 informally or by authenticated statements, as to all subjects 
 relating to rights of property and jurisdiction between the 
 government of the State and that of New Brunswick. Mr. 
 Daveis took with him a letter from the Governor of Maine to 
 the Lieut.-Governor of New Brunswick, advising the latter 
 of Mr. Daveis' appointment, and its object, and stating that he 
 was authorized to demand the release of Baker. 
 
 On the sixteenth of November, the Governor acknowledges 
 the receipt of the documents (so long withheld) from the De- 
 partment of State, but expresses his regret that, from the con- 
 tents of the Secretary's letter of the tenth instant, he learns 
 that the objections he has offered to arbitration, without con- 
 sulting this State, have been unavailing. He adds, in a voice 
 almost choked with grief : "At last we learn that our strength, 
 security and wealth are to be subjected to the mercy of a 
 foreign individual, who, it has been said by your minister, 
 ' rarely decides upon strict principles of law, and has always a 
 bias to try, if possible, to split the difference.' I cannot but 
 yield to the impulse of saying, most respectfully, that 
 Maine has not been treated as she has endeavored to 
 
 DESERVE." 
 
 He then informs the Secretary of the facts in the case of 
 John Baker. 
 
 By this time, the excitement in the State, occasioned by the 
 imprisonment of Baker and other acts by the Province of New 
 Brunswick, had grown to such a heat, that Governor Lincoln 
 
40 THE NORTH-EASTERN BOUNDARY. 
 
 found it necessary, in order to prevent premature collisions, to 
 issue a proclamation, in which he exhorted forbearance and 
 peace on the part of citizens suffering or threatened with wrong, 
 and those interested by sympathy and principle on account of 
 the violation of our territory, " so that the preparations for pre- 
 venting the removal of our landmarks, and guarding the sacred 
 and inestimable rights of American citizens may not be em- 
 barrassed by any unauthorized acts." 
 
 Mr. Clay writes Governor Lincoln, on the twenty-seventh of 
 November, that " the government of the United States is fully 
 convinced that the right of the territory in dispute is with us, 
 and not with Great Britain. The convictions of Maine are not 
 stronger in respect to the validity of our title than those which 
 are entertained by the President." But he reminds his corre- 
 spondent that the United States is under treaty obligation to 
 refer the question, and cannot refuse to carry out what it has 
 pledged itself to perform. 
 
 Mr: Daveis, of whose appointment notice has been taken, 
 visited Houlton and Fredericton this autumn. At the former 
 place he met persons who had come from above Madawaska, and 
 were enabled to report to him the condition of things in that 
 section so fully that he did not deem it necessary to visit it in 
 person. He gives, in a report made to the Governor Jan. 31, 
 1828, a succinct history of the progress of the settlements on 
 the territory in dispute, by citizens of Maine and Massachusetts ; 
 of trespasses in the way of cutting timber by inhabitants of 
 New Brunswick under license from that Province ; of seizures 
 from, and impositions upon, American citizens by Provincial 
 authorities, by the service of precepts issued by magistrates in 
 New Brunswick, on American citizens within their own lines ; 
 and the removal of property from this State by virtue of levies 
 on executions issued by Provincial courts. New Brunswick 
 
THE NORTH-EASTERN BOUNDARY. 41 
 
 officials warned off American citizens from lands lying within 
 forty miles from Houlton and west of the boundary line. Amer- 
 ican citizens were driven, by fear, from occupying their own 
 houses to " lodging about in different places, in barns, or in the 
 woods, mustering together for the night hi larger or smaller 
 parties, or separating for greater security." Mr. Daveis gives 
 some account of the settlement of the Acadians on the river St. 
 John after the peace of 1783, whose number, by the American 
 census of 1820, was over eleven hundred. The first settlement 
 by Americans in this neighborhood was, he reported, in 1817, 
 and not far from the mouth of the river St. Francis. This set- 
 tlement was made by several families from the County of Ken- 
 nebec, in this State. Among them were those of Baker and 
 Bacon, before referred to, who, in the year 1825, received 
 deeds of their possessions from the land agents of Maine and 
 Massachusetts, and who built a mill under the authority of 
 these States. These American families entered into a compact 
 between themselves, by which they agreed to submit all disputes 
 and differences with each other to a tribunal of their own ap- 
 pointment. This was done to avoid and deny all British juris- 
 diction. It was to last only one year, as the settlers expected 
 to receive, before the expiration of that time, from their State 
 government, the protection of its regular and constituted authori- 
 ties, for which they had petitioned. That this " home rule " 
 might be properly inaugurated, the Americans assembled at 
 John Baker's, and erected a staff and raised a rude representa- 
 tion of the American eagle, and they enjoyed a repast in the 
 evening at his house, at which there were music and dancing. 
 When these facts came to the knowledge of one Morehouse, a 
 provincial magistrate who had on many occasions given annoy- 
 ance, and inflicted injury and outrage upon citizens of this 
 State living on their own soil, and sometimes on grants made 
 
42 THE NORTH-EASTERN BOUNDARY. 
 
 by Maine and Massachusetts, he presented himself at John 
 Baker's and gave order for the removal of the American ensign, 
 which Baker — thenceforward called General Baker — declined 
 to obey. Morehouse then demanded the paper of agreement or 
 compact, which Baker refused to deliver. About this time it 
 so happened that Baker had made some inquiry of a French- 
 man, who was carrying a mail, in respect to that service, which 
 the latter misunderstood, and interpreted as indicating a purpose 
 to interfere with its performance. Thereupon, Morehouse 
 issued a warrant against Baker, and not him alone, but Bacon 
 and one Charles Stetson also, as connected with him in such 
 imputed interference. 
 
 Mr. Daveis continues his account in these words : 
 "Early in the evening of the twenty-fifth of September, soon 
 after their return " — from Portland, where Baker and Bacon had 
 been to report the state of affairs on the St. John, and to solicit aid 
 from the State — " and while Baker and his family were asleep, the 
 house was surrounded by an armed force, and entered by persons 
 of a civil character and others armed with fusees, &c, who seized 
 Baker in his bed, and conveyed him, without loss of time, out of 
 the State. The particulars relating to this circumstance are de- 
 tailed in the statement of Asahel Baker, a nephew of John Baker, 
 who was first awakened by the entry. * * The person conduct- 
 ing the execution proved to be of high official character and per- 
 sonal respectability in the Province of New Brunswick. He was 
 informed that papers were in the possession of Baker, justifying 
 him under the authority of the States ; but he replied that it was 
 not in his power to attend to any remonstrance. No resistance 
 was made by Baker, and no opportunity was afforded him to have 
 intercourse with any friends and neighbors, from whom it was 
 reasonable to suppose opposition might have been apprehended. 
 Mr. Baker was carried before Morehouse, in obedience to the war- 
 rant ; it does not appear that any examination took place, how- 
 
THE NORTH-EASTERN BOUNDARY. 43 
 
 ever, but that he was conveyed to Fredericton and there committed 
 to gaol. The letter from your Excellency to the American inhab- 
 itants at the upper settlement, was delivered by him to the author- 
 ity under which he was imprisoned, and after some detention 
 restored to him. 
 
 " The immediate impression produced among the inhabitants of 
 the settlement by this circumstance, may appear from the further 
 statement of Asahel Baker. He was the person employed to bring 
 a representation from them of the arrest of John Baker, which 
 was deposited by him in the first post office he reached in Ken- 
 nebec. He was absent some days, and on his return found that 
 several of the inhabitants had departed. It appears that in the 
 interim the alien tax had been again demanded, and process had 
 been served upon the American settlers, generally, similar to that 
 which had been previously served on the Aroostook, indiscrimin- 
 ately, to appear at Fredericton in October, to answer to suits for 
 trespass and intrusion on Crown lands, under the penalty of one 
 hundred pounds. It is understood that the service of this process 
 was extended to the American settlers towards the St. Francis and 
 upon the Fish River, where the road laid out by the Legislatures 
 of the two States terminates. In consequence of these circum- 
 stances, it appears that three of the American settlers, Charles 
 Stetson, Jacob Goldthwait and Charles Smart have parted with 
 their possessions and removed from the settlement into the planta- 
 tion of Houlton, where they are at present seeking subsistence. 
 Stetson was a blacksmith, in good business, and was concerned in 
 the measure relating to Morehouse. The motives and particulars 
 of their departure are stated by them in their respective affidavits. 
 
 " In the precarious state of their affairs, it is probable that no 
 certain estimate can be formed of their sacrifices ; but it is evident 
 that the measures made use of towards the inhabitants in general, 
 for whatever purpose, have had the effect to expel a portion of 
 them, and to intimidate the remainder. * * It is evident that 
 a corresponding application of judicial proceedings has been made 
 
44 THE NORTH-EASTERN BOUNDARY. 
 
 from the Province of New Brunswick upon all the settlements 
 above and below the French occupation of Madawaska, tending to 
 their extermination ; and that the inhabitants are awaiting, in a 
 state of fearful anxiety, the final execution, from which they see no 
 prospect of relief." 
 
 These proceedings were justified and adopted, if not pre- 
 viously authorized, by Sir Howard Douglass, Lieut.-Governor of 
 New Brunswick, and by Mr. Vaughan, the British Minister at. 
 Washington, as appears by a letter from the latter to Mr. Clay, 
 November 21, 1827. 
 
 The results of these doings were summed up by Mr. Daveis 
 as follows : 
 
 " Citizens of Maine, and others settled on lands surveyed and 
 granted by its authority, living within its ancient and long-estab- 
 lished limits, are subjected to the operation of foreign laws. These 
 are applied to them in the ordinary course of civil process, in 
 taking away their property, and also their persons. American 
 citizens in this State are proceeded against as aliens, for sedition 
 and other offences, and misdemeanors against the Crown of Great 
 Britain ; and one of them, a grantee of Massachusetts and Maine, 
 seized on the land granted, remains in prison on charges of that 
 description.'' 
 
 When these facts became known to the people and the Legis- 
 lature of the State, there was a deep feeling of indignation at 
 the wrong and outrage ; and the only wonder to-day is, that it 
 could have been restrained to peaceable expressions and protests. 
 To us, the patience with which these encroachments and insults 
 were borne is simply incredible. 
 
 When the Legislature assembled in January, 1828, Governor 
 Lincoln had received the documents and papers, which he had 
 been unable to obtain before. He announced to that body the 
 fact that an arbitration had been entered into between the two 
 
THE NORTH-EASTERN BOUNDARY. 45 
 
 governments, and he called its attention to the claim of tempo- 
 rary jurisdiction by New Brunswick, to the arrest and impris- 
 onment of Baker, and the report of Mr. Daveis. He declared : 
 " Maine cannot abandon its obligations, its title deeds and its 
 rights. It cannot allow its citizens to be incarcerated in foreign 
 gaols. The State would shrink most dreadfully under the 
 shame of such a submission." In this arbitration, the King of 
 the Netherlands was made the umpire. 
 
 The Legislature took up the subject in a manner that showed 
 that, while not unmindful of its relations and duties to the 
 federal government, nor willing unnecessarily to embarrass it, it 
 had a painful sense of the wrong and injury the State had re- 
 ceived. Hon. John G. Deane, on behalf of a joint Select Com- 
 mittee, made a report so full, so accurate, so absolutely conclu- 
 sive of every question, as to leave nothing more to be said for 
 the vindication of our claims and of our interpretation of the 
 treaty of 1783. A Besolve was passed, demanding defence and 
 protection from the United States ; and, in case of new aggres- 
 sions, authorizing the Governor, if seasonable protection is not 
 afforded by the general government, to use all proper and 
 constitutional means to protect and defend our citizens ; and 
 calling for a demand upon the British government for the release 
 of John Baker ; also, providing for the relief of his family. 
 
 Governor Lincoln, in his last annual message, which he ad- 
 dressed to the Legislature in January, 1829, a few months 
 before his lamented death, refers to the vigorous action of the 
 preceding Legislature, from which he thinks some practical 
 results may have come, and he mentions, among these, its good 
 effect upon the nation. The President, he says, has yielded 
 every possible support ; a garrison has been established upon 
 our frontier, an agent from among ourselves has been appointed, 
 a military road has been provided for, and Baker's case has been 
 
46 THE NOKTH-EASTEKN BOUNDAEY. 
 
 assumed by the United States ; and, besides this, the character 
 _ of the King of the Netherlands is such as to give ground of 
 hope that the decision will be a just one. 
 
 The Legislature passed an act " to prevent foreigners from 
 exercising acts of jurisdiction within this State, by serving civil 
 or criminal process." 
 
 In 1830, Jonathan G. Hunton was Governor, but nothing of 
 special interest relating to this question seems to have taken 
 place during his administration. 
 
 In 1831, Governor Samuel E. Smith refers to the delay that 
 has arisen in reaching a decision by the umpire, and suggests 
 that it may have occurred from the disturbances that had taken 
 place in his own kingdom, and which, by depriving him of the 
 greatest portion of his kingdom, had made him a dependent on 
 Great JBritain. He doubted whether under these circumstances 
 he ought to act, or could properly act, as umpire. He says: 
 " Whatever confidence may be put in the justice of our cause, 
 however clearly our right may be shewn in argument, we cer- 
 tainly could not be willing to submit it to the umpirage of a 
 sovereign who is not only the ally, but who, by the force of 
 circumstances, may have become, in some measure, the depend- 
 ent ally of Great Britain." 
 
 That England, after this event, should have insisted upon 
 proceeding with the arbitration,' was scarcely less than an 
 indecency and an affront, and one wonders at the good nature 
 and blindness to injury which still continued to mark the 
 temper and conduct of the United States. 
 
 The question- submitted to the King of the Netherlands re- 
 mained to be decided by the King of Holland. 
 
 But the Governor takes encouragement after this protest, 
 from the appointment of a Minister, by whom the case was to 
 
THE NOETH-EASTEKN BOUNDAKY. 47 
 
 be presented to the umpire, from among our own citizens, of 
 one so able and well-informed as the Hon. William Pitt Preble. 
 
 Albert Gallatin, an experienced diplomatist, and a man of 
 historic reputation, and Judge Preble, of Portland, had been 
 designated during the administration of Mr. Adams, to manage 
 the case before the umpire ; and when the appointment of 
 Judge Preble as Minister was made by President Jackson, the 
 valuable assistance of Mr. Daveis was secured to him by the 
 government. 
 
 Governor Smith took leave of this subject in his message for 
 1831, by saying that he was not aware that anything at present 
 remained to be done by the Legislature that could facilitate the 
 inquiry, or affect the result. 
 
 On the tenth of January, 1831, the King of Holland made 
 his report — award it could not be called. He found himself 
 unable or unwilling to decide where the line ought to be run, 
 but said : 
 
 " We are of opinion that it will be suitable (il conviendra) to 
 adopt as the boundary of the two States, a line drawn due north 
 from the source of the river St. Croix, to a point where it inter- 
 sects the middle of the thalweg (i. e. deepest channel) of the river 
 St. John, ascending it to the point where the river St. Francis 
 empties itself into the river St. John, thence the middle of the 
 thalweg of the river St. Francis to the source of its uppermost 
 branch, which source we indicate on the map A by the X? authen- 
 ticated by the signature of our minister of Foreign Affairs, thence 
 a line drawn due west to a point where it unites with a line claimed 
 by the United States of America, and delineated on the map A, 
 thence said line to the point at which, according to said maps, it 
 coincides with that claimed by Great Britain, thence the line traced 
 in the map by the two powers to the north-westernmost source of 
 the Connecticut River." 
 
48 THE NORTH-EASTERN BOUNDARY. 
 
 The King further expresses the opinion that it would be suit- 
 able that the line from the Connecticut Eiver to the St. Law- 
 rence should be so drawn as to include in the United States, 
 the fort at Souse's Point, and its kilometrical radius. 
 
 It is abundantly certain from the whole report and proceed- 
 ings that the King could not adopt the British claim, and did 
 not wish to accept that of the United States, and so, to avoid a 
 decision, contented himself by making a recommendation. A 
 higher indirect concession to the American claim it would be 
 difficult to imagine. 
 
 On the twelfth of January, our Minister, Judge Preble, made 
 a protest against the proceeding, " as constituting a departure 
 from the power delegated by the high parties interested." 
 
 Unofficial intelligence of the report of the King of Holland 
 was received in Maine during the session of the Legislature, and 
 occasioned much uneasiness. A joint-select committee made a 
 vigorous report, in which were no sounds of uncertainty or fear, 
 through Col. Deane. It said : 
 
 " If the Government of the United States can cede a portion of 
 an independent State to a foreign government, she can, by the same 
 principle, cede the whole ; or if to a foreign government, she can, 
 by the same principle, annex one State to another until the whole 
 are consolidated, and she becomes the sole Sovereign and lawgiver, 
 without any check to her exercise of power." 
 
 It is not to be answered that the treaty-making power has, 
 from the necessity of the case, ample authority to decide dis- 
 putes between the nation and other nations, whether they refer 
 to boundaries or anything else. This nation has no right under 
 the treaty-making power to cede the territory of any State — the 
 title to which in the State, it affirms. In this case, the United 
 States, by Congress as well as by the Executive Department, as 
 had also the Legislatures of Maine and Massachusetts and of 
 
THE NORTH-EASTERN BOUNDARY. 49 
 
 most the other States, declared repeatedly and in the most em- 
 phatic and unequivocal terms, that the right of Maine was " clear 
 and unquestionable." Her title was as clear to Madawaska as 
 to Portland, and a cession or sale of the latter would be quite as 
 objectionable and unconstitutional as a transfer of the former. 
 This committee reported Eesolves, which were passed, de- 
 claring " That the convention of 1827 tended to violate the 
 Constitution of the United States, and to impair the sovereign 
 rights and powers of the State of Maine, and that Maine is not 
 bound by the Constitution to submit to the decision which has 
 been, or shall be, made under that convention." Also, that 
 whereas the submission was to the King of the Netherlands, an 
 independent Sovereign, exercising dominion over six millions of 
 people, and whereas, by the force of liberal opinions in Belgium, 
 he was deprived of more than half of his dominions, and his 
 dependence on Great Britain for holding his power, even in 
 Holland, was increased, and, inasmuch as he had made no deci- 
 sion before his kingdom was dismembered by his own consent, 
 and his public character changed, it was resolved that the 
 award " cannot and ought not to be considered obligatory upon 
 the government of the United States, either on the principles of 
 right and justice, or of honor." And further, " that no decision 
 made by an umpire under any circumstances, if the decision 
 dismembers a State, has or can have any constitutional force or 
 obligation upon the State thus dismembered, unless the State 
 adopt and sanction the decision." 
 
 On the eighteenth of March, Mr. Van Buren, Secretary of 
 State, communicated the report of the King of Holland to the 
 Governor of Maine, with a request, in substance, that pending- 
 its consideration at Washington, Maine should keep quiet and 
 behave herself. 
 
 Governor Smith transmitted the papers to the Legislature on 
 4 
 
50 THE NORTH-EASTERN BOUNDARY. 
 
 the twenty-fifth of March, with a message which endorsed and 
 commended the advice of Mr. Van Buren as to good behavior 
 on the part of the people of Maine and their representatives. 
 But the Legislature was scarcely in a temper to appreciate this 
 advice in the sense in which it was given. It had yet some 
 sense of honor, duty and self respect ; and on the thirtieth 
 of March it made its answer to the President, in which it 
 plainly told him that " there are rights which a free people 
 cannot yield, and there are encroachments upon such rights 
 which ought to be resisted and prevented, or the people 
 have no assurance of the continuance of their liberties." The 
 report took up the opinion of the King, and the question 
 of his right to act after he had ceased to be Sovereign of the 
 Netherlands, and by facts incontestible and by invincible logic, 
 showed that the opinion was in no sense binding either upon 
 the United States or the State of Maine, and declared that " if 
 the United States should adopt the document as a decision, it 
 will be in violation of the constitutional rights of the State of 
 Maine, which she cannot yield." 
 
 A copy of this report of the Legislature was ordered to be 
 sent to the President of the United States and to the Governors 
 of the several States. 
 
 Governor Smith, it will be remembered, had, in his annual 
 message a few weeks before, referred to the change which had 
 taken place in the relations of the umpire since the submission 
 was made, and expressed the unwillingness the State would 
 feel to submit the question to the decision of a sovereign who 
 was the ally, and might become the dependent ally, of the con- 
 testing party. The legislative report had but echoed this 
 opinion. Acting in its spirit, and in view of the whole situation, 
 and in full harmony, as was supposed, with the views of the 
 Governor (for as yet he had not heard from Mr. Van Buren), 
 
THE NORTH-EASTERN* BOUNDARY. 51 
 
 the Legislature, on the fifteenth of March, 1831, passed an Act, 
 which received the approval of the Governor, to incorporate the 
 town of Madawaska, by which the inhabitants thereof were 
 declared to be "subject to the same duties and nubilities, and 
 vested with the privileges and immunities which other incorpi »- 
 rated towns are within this State." Any Justice of Peace within 
 the County of Penobscot, or any Justice throughout the State, 
 was empowered to issue his warrant to any inhabitant of the 
 place, directing him to notify a meeting for the choice of officers. 
 In conformity to this Act, a warrant was issued by William I). 
 Williamson, Esquire, a Justice of the Peace throughout the 
 State, directed to Walter Powers, an inhabitant of Madawaska, 
 to notify the inhabitants of that town to meet at the house of 
 Peter Lezart to organize the town and elect town officers. The 
 meeting was duly called and held in August, but its proceedings 
 were interrupted and delayed by interference and threats on the 
 part of Leonard B. Coombs, a Captam of Militia, and Francis 
 Pace, a Justice of the Peace, holding commissions from the Prov- 
 ince of New Brunswick. But the inhabitants present, about fifty 
 in number, persevered in their work and elected town officers. 
 Another town meeting, at which eighty inhabitants were pres- 
 ent, was held on the second Monday of September, 1831, being 
 the day of the State election, at the house of Raphael Martin, 
 when Peter Lezart was elected a representative to the State 
 Legislature. Rice was present at this meeting, also, interrupt- 
 ing it, and using language of menace and abuse. He took 
 the names of the persons voting at the meeting. On the 
 twenty-fifth of the month, a military force was collected at the 
 chapel in Madawaska, by Provincial authority, and repaired to 
 the house of one Simon Herbert, further up the river, where 
 they were attended by the. Lieutenant-Governor of New Bruns- 
 wick. This force succeeded in arresting Daniel Savage, Jesse 
 
52 THE NORTI?-E ASTERN BOUNDARY. 
 
 Wheelock, Barnabas Himnewell, Daniel Bean and several others, 
 and held them prisoners for the offence of acting at the town 
 meeting. John Baker escaped to the woods, and finally came to 
 Portland, where, on the twelfth of October, he gave to the Gov- 
 ernor a detailed statement of the facts, to which he made oath 
 before Francis 0. J. Smith, Esquire, Justice of the Peace. 
 Wheelock and Savage, who were arrested as above stated, ad- 
 dressed a letter to Boscoe G. Greene, Secretary of State, in which 
 they informed him of the circumstances of their arrest. They 
 said : 
 
 " His Excellency, Sir Archibald Campbell, Lieutenant-Governor 
 and Commander-in-Chief of the Province of New Brunswick, ar- 
 rived here on the twenty-third instant, with one Colonel, one Cap- 
 tain of the Militia, the Attorney-General of the Province and Mr. 
 McLaughlan ; also, by the Sheriff of the County of York. On the 
 twenty-fourth they directed warrants to be issued against all those 
 who had acted at said meetings. * * We were arrested on the 
 twenty-fifth. * * On the twenty-sixth the Sheriff and Captain 
 Coombs and some militia ascended the river to Mr. Baker's to 
 arrest those in that neighborhood; thence to St. Francis River, 
 expecting to return to-day, when we are to be immediately sent to 
 Fredericton gaol. When the rest of our unfortunate countrymen 
 arrive we will enlist their names and numbers, together with what 
 other information shall come to our knowledge. The families of 
 them will be left in a deplorable situation unless their country will 
 immediately release them. * * We are now descending the 
 river, twenty miles above Woodstock." 
 
 Of these persons, Savage, Wheelock and Himnewell were 
 arraigned before the Supreme Court of New Brunswick, and 
 sentenced to pay a fine of fifty pounds and be imprisoned three 
 months, and were accordingly thrown into prison at Fredericton. 
 
 Down to the period covered by these proceedings, with the 
 
THE NORTH-EASTERN BOUNDARY. 53 
 
 single exception, if such it may be regarded, of the Governor's 
 message in March, I find no blot on the history of this State, 
 nothing to be ashamed of, nothing to hide the head for, but 
 a constant exhibition of elevated and dignified patriotism — a 
 proper regard for the integrity and honor of the Commonwealth. 
 
 But after this, succeeds a term which we might well desire 
 to have expunged from our annals. 
 
 The Senate of the United States had rejected the recom- 
 mendation of the King of Holland, and new negotiations were 
 in contemplation at Washington, when the intelligence was 
 received there from the Governor of Maine of the proceedings 
 at Madawaska, and the arrest of Wheelock and others. The 
 administration was greatly disturbed, and communicated its 
 displeasure to Governor Smith. He, on the twelfth of October, 
 replied that: 
 
 "An Act was passed by the Legislature of this State at the last 
 session to incorporate th# town of Madawaska, which is bounded, 
 in part, by the line of the State. By this Act and some others, I 
 understood it was intended by the Legislature to assert the claim 
 of the State to jurisdiction over that portion of the territory which 
 they knew to be within the limits of Maine ; and that it was not 
 to be carried into effect until circumstances should render it proper 
 and expedient. This measure is said to have been adopted by the 
 inhabitants of that territory, voluntarily organizing themselves 
 into a corporation ; was unexpected by me, and done without my 
 knowledge." 
 
 What a spectacle is here ! The Secretary of State of the 
 United States had written the Governor of Maine a sharp letter, 
 reproving the State, in effect, for its independent and proper 
 action. And the Chief Magistrate, who but a few months 
 before had been so earnest, who had approved an act to incor- 
 
54 THE NORTH-EASTERN BOUNDARY. 
 
 porate the town, when the people thereof, in good faith, sup- 
 posing the act of the Legislature meant what it said — as indeed 
 it did, as everybody conversant with its history well knew — 
 went to work, and in conformity to its provisions organized 
 the town — instead of planting himself firmly upon the act of 
 the Legislature and the doings of his people, starts back, like 
 Fear in Collins' Ode, 
 
 " E'en at the sound himself had made." 
 
 To this excuse and protestation, Secretary Livingston made re- 
 ply in a letter of such tone and language as no Governor of a State 
 should permit to be addressed to him, without indignant remon- 
 strance, to say the least. He told him that the President could 
 not " consider the continuance of the occupation " (of Maine) 
 ' by the officers, civil and military, of the British Province as an 
 invasion; but will take all proper measures to procure the re- 
 lease of the ill-advised persons who have been the cause of this 
 disturbance." 
 
 Ill-advised persons ! Who gave them the ill advice ? The 
 Legislature of Maine and the Governor of Maine ! These and 
 no others, and in the most unequivocal and solemn manner. 
 Of the important facts the Secretary had learned enough to ren- 
 der his language as direct and pointed a rebuke to the Legisla- 
 ture and Executive authorities of the State, as it was possible to 
 make. How, may it be imagined, would Enoch Lincoln have 
 received words like these — words that should 
 
 " Kindle cowards, and steel with valor 
 The melting spirits of women " ? 
 
 But whatever the amount of reproof and insolence the Sec- 
 retary of State was pleased to visit upon the Governor of Maine, 
 he made ample amends for it in his disgraceful obsequiousness 
 
THE NORTH-EASTERN BOUNDARY. 55 
 
 to the British minister. To show the humiliation with which 
 the government was pleased to clothe itself, and, with the con- 
 sent of her Executive, the State of Maine, it is only necessary 
 to quote from a letter of Mr. Livingston to Mr. Bankhead, the 
 British Minister, on the fifteenth of October, 1831. Transmit- 
 ting extracts from Governor Smith's letter, before referred to, 
 he says : 
 
 " You will perceive that the election of town officers in the settle- 
 ment of Madawaska, of which complaint was made in the papers 
 enclosed in your letter, was made under color of a general law, 
 which was not intended, by either the executive or legislative au- 
 thority, to be executed in that settlement, and that the whole was 
 the work of inconsiderate individuals." 
 
 One can hardly conceive a statement more crowded with 
 errors of fact than this. In the first place, as we have seen, 
 there was a gross error in the assertion that the incorporation 
 of the town of Madawaska was under a general law, and not by 
 a special act ; and that the action of the inhabitants was not 
 contemplated by the State, was an error equally manifest. 
 
 If the Legislature of Maine, with the approval of the Gov- 
 ernor, set itself to the work of passing a special act of incorpo- 
 ration, was it in accordance with a proper respect for the honor 
 of the State, to assert that it was not intended that the power 
 should be exercised ; that it was simply a paper defiance from a 
 a safe distance — a mere brutum fulmen ? That while Judge 
 Williamson, the historian of Maine, was issuing his warrant to 
 Mr. Powers for the organization of the town, and the purpose 
 was being executed in the knowledge of the whole State, and 
 all the public journals were seriously discussing it, the State 
 itself was, after all, only playing the lion's part, after the man- 
 ner of Nick Bottom, the weaver ? 
 
56 THE NORTH-EASTERN BOUNDARY. 
 
 Instead of demanding, in a firm and becoming tone, the im- 
 mediate release of the citizens of Maine, who had been impris- 
 oned in a foreign gaol for the offence of acting in obedience to 
 the laws of their State, the Secretary says to Mr. Bankhead : 
 "I respectfully suggest the propriety of your commending to the 
 Lieutenant-Governor of New Brunswick the release of the 
 prisoners." 
 
 Having, by these apologies and humble petitions from the 
 American Secretary, obtained what he assumed to regard as a 
 practical recognition of the provincial claim of exclusive juris- 
 diction, the British government graciously consented to the 
 release. This is not pleasant reading. It makes one neither 
 happy nor proud. The State made no protest — uttered no word 
 of grave remonstrance. 
 
 Upon the assembling of the Legislature of 1832, the Governor 
 recited at some length, in his message, the transactions of the 
 preceding autumn, and informed that body that, through the 
 intervention of the President, Wheelock and the other prisoners 
 had been released. 
 
 On the twenty-second of February, the Governor made a 
 communication to the Legislature, in secret session, in which he 
 said he had been informed by Judge Preble, the agent of the 
 State at Washington, that the award of the King would event- 
 ually be adopted by our government ; that Maine would re- 
 ceive pecuniary indemnity if she would cede her territory 
 lying outside of the line of the award. He urged promptness 
 of action on the part of the Legislature. 
 
 The President was anxious that some arrangement should be 
 made by which Maine would consent to abide by the line of 
 the King ; and the Congressional delegation from the State, with 
 the exception of Mr. Evans (who opposed the proposition in a 
 letter marked by the incisiveness and vigor which charac- 
 
THE NORTH-EASTERN BOUNDARY. 57 
 
 terized alike the forensic and political efforts of this very 
 great man), wrote Judge Preble in favor of submitting the plan 
 to the Legislature. 
 
 The question was discussed by the Legislature, with closed 
 doors, and finally a resolution was passed authorizing the Gov- 
 ernor to appoint three Commissioners to see what terms and 
 conditions could be arranged, and report to the Legislature for 
 its action. The commission was constituted by the appointment 
 of three eminent and able gentlemen — William Pitt Preble, 
 Reuel Williams and Nicholas Emery. The President appointed 
 on the part of the United States, as Commissioners to confer 
 with those from Maine, the Secretary of State, Edward Living- 
 ston ; the Secretary of the Treasury,. Louis McLane ; the Sec- 
 retary of the Navy, Levi Woodbury. When our Commission- 
 ers reached Washington, they found there a public opinion that 
 demanded urgently and almost imperatively, a settlement of 
 the vexed and long-disturbing question. The commerce and 
 business of the country, — all its industrial, commercial and 
 financial interests, in fact, — called for a removal of the causes 
 of apprehension that the peace of the country might be rup- 
 tured ; and New York, as Governor Parris had predicted years 
 before she would make known, wanted Rouse's Pohit. The 
 whole power of the administration, a nearly united South, and 
 the commercial interests of the North, were brought to bear 
 upon the Commissioners. They were warned that, if they did 
 not consent to the new line, the question would be submitted 
 to another arbitration. Thus pressed, they finally consented to 
 submit certain propositions to the Legislature of the State. 
 Perhaps they could have done no less under all the circum- 
 stances. It was not for them they considered, as I imagine, to 
 debar the State of an opportunity for considering, through its 
 Legislature, the propositions which the Commissioners of the 
 
58 THE NORTH-EASTERN BOUNDARY. 
 
 United States were prepared to make. These were in substance 
 a new line, which, if not entirely coincident with, was yet on 
 the basis of the King of Holland's recommendation, and one 
 million of acres of land in Michigan, which, at the minimum 
 government price, was worth $1,250,000, and probably much 
 more than this sum in fact. If a conventional line, not involv- 
 ing an exchange of territory, were admissible at all, these terms 
 should not probably be regarded as unreasonable in amount, 
 however humiliating in respect to the source from which they 
 proceeded. 
 
 But Maine had never ceased to feel an invincible repugnance 
 to the idea of selling her territory for cash, or cash equivalents, 
 still less of abandoning her citizens, exchanging them as well 
 as her soil for counters. And so when it was known, in the 
 winter of 1832, that the Legislature had resolved itself into 
 secret session to consider propositions for a settlement of the 
 question by a conventional line, the fears of the people were 
 aroused and an intense excitement was created. Eeports, more 
 or less correct, of the doings in secret session were circulated 
 among the people and appeared in the newspapers. Startling 
 headings arrested the eyes of the people. " Maine Sold Out ! " 
 " Maine in the Market ! " " Our Fellow Citizens Trans- 
 ferred to a Foreign Power for Cash or Land ! ! " 
 
 An anonymous letter, evidently written by a member or 
 officer of the Legislature, indicating the passage of a Resolve 
 (such as was in fact passed on the third of March), was 
 printed in the Kennebec Journal, which, in connection with 
 the events growing out of its publication, inflamed still more 
 the public feeling. The name of the author was demanded of 
 the editor, Hon. Luther Severance, who, upon his refusal to 
 divulge it, was committed to the Augusta gaol for contempt, 
 from which, however, he was soon released. 
 
THE NOETH-EASTERN BOUNDARY. 59 
 
 In this excited condition of the popular mind, the Legislature 
 adjourned, and its members returned to their homes to meet 
 there alarmed and indignant constituencies. A speech from 
 Jacob Ludden, a Democratic representative from Canton, in 
 Oxford County, delivered in secret session, and published in the 
 Portland Advertiser of the twenty-seventh of February, had 
 touched the popular chord, and was quoted everywhere. An 
 Honest Man, was the heading of the speech. Said Mr. Ludden : 
 
 " Our agent at Washington says we can make a better bargain 
 if we take land than if we trade for cash ! What, sir ! bargain our 
 American territory and American citizens for land or cash ? Sell 
 our citizens without their consent ! Sell them to the British, and 
 to become subjects of a British King! Sir, history informs us of 
 only one solitary instance in this republic where a bargain of this 
 kind was ever attempted ; and that was at West Point, in the 
 secret session held by Benedict, Arnold and Major Andre. Our 
 title to the territory is indisputable. It was purchased for us. 
 The price was blood — the blood of our fathers. And shall we, sir, 
 like Esau, sell our birthright for a mess of pottage ? No sir ! 
 heaven protect us from such disgrace. * * Sir, whoever this 
 day votes for this disgraceful bargain will, I trust, live to see the 
 time when the finger of scorn shall be pointed at him, and shall 
 hear the contemptuous expression, 'You are one of the number 
 who voted to sell a part of your country ! ' Yes, sir, we sell not 
 only a part of our country, but our fellow citizens with it ; and 
 among these citizens a member of this House, legally chosen by 
 order of the constituted authorities of this State, and who has as 
 good a right to his seat as any member on this floor. Sir, I enter 
 my solemn protest against these whole proceedings." 
 
 Public meetings were held in many of the towns — especially 
 in the country towns — of the State, indignantly and solemnly 
 protesting against and denouncing " these whole proceedings," 
 
60 THE NORTH-EASTERN BOUNDARY. 
 
 calling upon the State authorities, upon our members of Con- 
 gress and the federal government to arrest them, and to take 
 prompt and vigorous 'measures to vindicate the honor of the 
 State and nation, and to preserve their territory in its integrity. 
 
 At a Fourth of July celebration, in Augusta, the sentiment, 
 "Our brethren of Madawasha — a little too wliite to be sold ! " was 
 drunk with tremendous applause, was published hi the news- 
 papers of the State, and of other States, was echoed in highway 
 and byway, and repeated in the homes of the people. 
 
 The result was, that the project fell through ; failed utterly, 
 not to say ignominiously. In the Legislature of the next year 
 a Kesolve was passed — on the fourth of March, 1833 — which 
 repealed so much of the Resolve of the previous year under 
 which Commissioners had been appointed to arrange provisional 
 terms of adjustment, as provided for the submission of their 
 report to the Legislature, and passed another Resolve to the 
 effect " that no arrangement, provisional arrangement or treaty 
 already made, or that may hereafter be made, or in pursuance 
 of the Eesolve to which this is additional, shall have any bind- 
 ing force, effect or operation until the same shall have been 
 submitted to the people of this State in their primary assemblies, 
 and approved by a majority of their votes." And yet, within 
 ten short years, and without submission to a vote of the people, 
 this territory, " invaluable," as Governor Lincoln had declared 
 it, these fellow citizens of ours — " a little too white to be sold " 
 in 1832 — John Baker, holding title deeds from the two States, 
 wife and children — " all my pretty chickens and their dam " — 
 Wheelock, Bacon and their families, Peter Lezart, too, the repre- 
 sentative, and hundreds more, were transferred and conveyed to 
 a foreign Crown ! 
 
 Nothing more of importance happened within the State in 
 
THE NORTH-EASTERN BOUNDARY. 61 
 
 1833, but at Washington, as will be seen, propositions of grave 
 and dangerous import were being considered. 
 
 When the Legislature of 1834 assembled, it was addressed by 
 Governqr Dunlap, in a message which reminded that body of 
 the mistakes which had been made, and expressed a hope that, 
 since we had escaped the dangers impending therefrom, there 
 was " a way now open for the ultimate attainment of our rights." 
 
 How blind and devious was the way in which the State de- 
 partment at Washington was disposed to walk, Governor Dun- 
 lap did not then know. Subsequent to the rejection, in 1832, of 
 the advice of the King of Holland, the Senate passed a resolu- 
 tion advismg the President to open a new negotiation " according 
 to the Treaty of Peace of 1783." Mr. Livingston was Secretary 
 of State, and he renewed the negotiation in a manner which 
 only an ascription of the grossest ignorance or stupidity on his 
 part could rescue from the imputation of infidelity to the cause 
 whose defence had been placed in his hands. He began by a 
 half admission that the treaty could not be executed. He 
 violated the express instructions under which he was acting, by 
 suggesting to the British Minister that Maine would probably 
 give her consent to a conventional line. On the thirtieth of 
 April, 1833, he wrote a letter to Mr. Vaughan, the British Min- 
 ister, in which he intimated that a line might be drawn from 
 the monument to the highlands, though these highlands should 
 not be found due north from the monument, and when the 
 British Minister objected, that such a line might reach highlands 
 east of the meridian of the St. Croix, Mr. Livingston hastens 
 to reply (the twenty-eighth of May), that " the American gov- 
 ernment can make no pretensions to go further east than that (a 
 due north) line ; but if, on a more accurate survey, it should be 
 found that the line mentioned in the treaty should pass each of 
 the highlands therein described, and that they should be found 
 
62 THE NOKTH-EASTEKN BOUND AEY. 
 
 at some point further west, then the principles to which I refer 
 would apply, to wit : that the direction of the line to connect the 
 two natural boundaries must be altered, so as to suit their ascer- 
 tained position." Well might a committee of the Legislature 
 of Massachusetts say, " It is with extreme mortification that we 
 contemplate this subject. We see, or think we see, that not only 
 the honor of the nation, but the sovereignty of Maine and the 
 interest of Massachusetts* have been totally disregarded." 
 
 During the years 1835, 1836 and 1837, matters remained 
 very much in statu quo, except that during all this time the 
 government and people of New Brunswick were gradually 
 pushing their claims to the occupation and jurisdiction of the 
 territory in dispute. The London Chronicle of the twenty-eighth 
 of May, 1831, had said : " The disputed territory is now in our 
 possession, and as we believe right is on our side, we would 
 recommend the government not to part with it. Besides, pos- 
 session is nine points of the law." This advice had not been 
 unheeded by the British authorities on either side of the At- 
 lantic. The object seemed to be to gain time and put off nego- 
 tiations until the British claims should be strengthened by 
 length of possession and renewed and multiplied acts of jurisdic- 
 tion and sovereignty. For, notwithstanding the covenants of 
 neutrality between the powers, they were constantly violated, 
 and with impunity, by the authorities and people of New 
 Brunswick. 
 
 So far had these encroachments extended before the close of 
 the administration of Governor Dunlap, that, in his annual 
 message for 1837, he felt constrained to address the Legislature 
 in these strong and earnest terms : 
 
 *It will be remembered that, at this time, Massachusetts was joint owner 
 with Maine of the soil of the undivided wild lands of the latter State. 
 
THE NORTH-EASTERN BOUNDARY. 63 
 
 " It must be conceded that our people and their State govern- 
 ment have exercised a most liberal forbearance upon the subject, 
 considering the series of years it has been agitated, and the suc- 
 cessive incidental circumstances calculated to excite and aggravate 
 popular feeling. Our soil and our sovereignty have been invaded. 
 Over a portion of domain of incalculable value, owned jointly by 
 this and our parent Commonwealth, an attempt has been made to 
 establish an adverse claim. The jurisdiction of the State has been 
 rendered inoperative, either for the protection of our soil or of our 
 injured inhabitants. Under color of authority from a foreign 
 government, our unoffending citizens, in time of peace, have been 
 forced from their rightful homes, and dragged beyond the limits of 
 the State. Trials for imaginary crimes have been instituted against 
 them, and, upon our brethren, guilty of no offence, and charged 
 with no wrong, the indignities of a foreign gaol have been imposed. 
 Our political system has lodged, in the first instance, the power 
 and the duty of protection with the federal government. To that 
 government we have appealed, but relief has not come. Our lands 
 are sequestered, our sovereignty is insulted and our injured citizens 
 are unredressed. In this state of things, is it not due to our own 
 self-respect as well as to the cause of justice, that the State of 
 Maine should insist on being immediately placed by the govern- 
 ment of the United States into the possession of the invaluable 
 rights from which she has been so long excluded ? " 
 
 It is not easy to see how the case could have been presented 
 more cogently and eloquently than it was in these noble 
 words of Governor Dunlap. An earnest and able report was 
 made to the Legislature by the joint committee, to which the 
 question had been referred ; and the following Eesolves were 
 passed by the Legislature : 
 
 "Besolved, That we view with much solicitude the British usur- 
 pations and encroachments on the north-easterly part of the terri- 
 tory of this State. 
 
64 THE NORTH-EASTERN BOUNDARY. 
 
 "Resolved, That pretensions so groundless and extravagant in- 
 dicate a spirit of hostility which we had no reason to expect from 
 a nation with whom we are at peace. 
 
 " Resolved, That vigilance, resolution, firmness and union on the 
 part of this State are necessary in this state of the controversy. 
 
 " Resolved, That the Governor be authorized and requested to 
 call on the President of the United States to cause the north- 
 eastern boundary of this State to be explored and surveyed and 
 monuments erected, according to the treat} 7 of 1783. 
 
 "Resolved, That the co-operation of Massachusetts be requested. 
 
 " Resolved, That our Senators be instructed and our Represent- 
 atives be requested to endeavor to obtain a speedy adjustment of 
 the controversy." 
 
 Copies of the Report and Resolves were ordered to be sent 
 to the President, the Governor of Massachusetts, to our Senators 
 and Representatives in Congress, aiid to the Governors and 
 Senators of all the other States. 
 
 Here was notice, at last, that could not be mistaken, that the 
 patience of the State was exhausted, and that the policy which 
 had prevailed for several years, could not be continued without 
 endangering the harmony of the relations heretofore subsisting 
 between the State and the nation. 
 
 The successor of Governor Dunlap was Edward Kent, and he 
 came to the office of Governor in 1838, charged with the spirit 
 which had been manifested by Governor Dunlap and the Legis- 
 lature of 1837. 
 
 In his annual message, he went over the essential points of 
 the controversy, as it then stood, with great clearness and force. 
 He said : 
 
 "It has required, and still requires, all the talents of her" 
 (England's) "statesmen and skill of her diplomatists, to render 
 that obscure and indefinite which is clear and unambiguous. I 
 
THE NORTH-EASTERN BOUNDARY. 65 
 
 cannot for a moment doubt that if the same question should arise 
 in private life, in relation to the boundaries of adjacent farms, 
 with the same evidence and the same arguments, it would be de- 
 cided in any court, in any civilized country, without hesitation or 
 doubt, according to our claims." 
 
 But Great Britain desired, and was determined to have, 
 direct communication between her lower and upper Provinces, 
 and believed it to be obtainable only by way of the Madawaska 
 River and Temiscouata Lake. She sought it for a long time as 
 a favor, that is, as a grant without an equivalent. She had 
 come to demand it, and with it about one-third of our territory, 
 as her right. 
 
 Previous to Governor Kent's term, in the year 1837, Ebenezer 
 S. Greeley, of Dover, had been appointed by the State authori- 
 ties to take the census of Madawaska, that the people living 
 there might receive their portion of the " surplus revenue," as 
 it was called, which, by an act of the Legislature, was to be 
 divided, per capita, among the people of the State. He. was 
 arrested by the Provincial authorities while in' the performance 
 of this duty. Referring to the case, the Governor said : 
 
 " A citizen of our State, Ebenezer S. Greeley, now lies imprisoned 
 at Fredericton, seized, as it is said, for exercising power delegated 
 to him under a law of this State. The facts connected with this 
 arrest are unknown to me, and I therefore forbear to comment at 
 this time upon them. But if the facts are that he was so seized, 
 for such a lawful act, the dignity and sovereignty of the State 
 demand his immediate release." 
 
 Here, it will be observed, no humble request, such as was ad- 
 dressed to Mr. Bankhead, is contemplated, but a peremptory 
 demand. The Governor continues : 
 
 " I am aware that we are met by the assertion that the parties 
 have agreed to permit the actual jurisdiction to remain, pending 
 5 
 
66 THE NORTH-EASTERN BOUNDARY. 
 
 the negotiation as it existed before. I have yet seen no evidence 
 that such an agreement was formally entered into by the parties. 
 But certainly Maine was no party to such an understanding ; and 
 at all events, it never could have been intended to be perpetually 
 binding, or to extend beyond the termination of the then pending 
 negotiation. That negotiation is ended. The old ground of claim 
 at Mars Hill is abandoned ; a new allegation is made — that the 
 treaty cannot be executed and must be set aside. In the mean- 
 time this wardenship" — New Bruuswick, it should be said, had 
 appointed one McLaughlan Warden of all this territory — " is estab- 
 lished, and all claim to absolute jurisdiction, not merely at Mada- 
 waska, but over the whole territory north, is asserted and enforced. 
 If this jurisdiction is to be tolerated and acquiesced in indefinitely, 
 we can easily see why negotiation lags, and two years elapse be- 
 tween a proposition and the reply." 
 
 Eeferring to the latest phase of the British contention, of 
 which Governor Kent makes mention, viz: "that the treaty 
 cannot be executed," it is curious to note the changes that had 
 taken place in the pretensions of Great Britain since the treaty 
 was made. At first, and until the Treaty of Ghent, the con- 
 ceded line was north of the river St. John, and upon the St. 
 Lawrence water-shed. Subsequently to 1817, for some ten 
 years, it was at Mars Hill. After this, it was discovered that there 
 had been a mistake made in determining the source of the river 
 St. Croix; it was, in fact, at the head of the western branch, 
 and so the highlands contemplated in the treaty of peace were 
 those which divided the waters of the Penobscot and the Ken- 
 nebec, on one side, from those of the St. John on the other. 
 But these claims were so palpably absurd and contradictory, 
 and were so thoroughly exploded by the Legislatures of Maine 
 and Massachusetts, by their Governors and statesmen, that Eng- 
 land was fain to abandon them, one after another, and rely 
 upon the assumption that the treaty could not be executed, by 
 
THE NORTH-EASTERN BOUNDARY. 67 
 
 reason of the uncertain and contradictory character of its lan- 
 guage. 
 
 To return to the message of Governor Kent, He urged that 
 the first duty of the State was to claim the immediate and 
 efficient action of the general government ; said that her rights 
 must be vindicated and maintained, " and, if all appeals for aid 
 and orotection are in vain and her constitutional rights are 
 disregarded, forbearance may cease to be a virtue, and, hi the 
 language of the lamented Lincoln, Maine ' may be compelled 
 to deliberate on an alternative which will test the strictness of 
 her principles and the firmness of her temper.' " • 
 
 " I confess," said the Governor, in bringing his observations 
 on this subject to a close, " that my convictions are strong that 
 Maine has been wronged by a foreign government and neglected 
 by her own ; and I do not understand the diplomatic art of 
 softening the expression of unpalatable truths." 
 
 The earnest language of Governors Dunlap and Kent, and 
 the Eesolves of the Legislature, had the effect to awaken the 
 general government to a more vigorous effort than it had put 
 forth for a long time, towards effecting an adjustment of the 
 question. John Forsyth, of Georgia, had become Secretary of 
 State, and on the first of March, 1838, he addressed a long 
 communication to Governor Kent, enclosing copies of a pro- 
 tracted correspondence between him and Mr. Fox, the British 
 Minister, on the subject of the boundary, and requesting the 
 Governor to take the sense of the State as to the opening of 
 direct negotiation for a conventional line. He conceded that 
 such a line could not be established without the assent of the 
 State of Maine. This communication, with the accompanying 
 correspondence, was by the Governor transmitted to the Legis- 
 lature, with a message, in which he reviewed, to some extent, 
 the history of previous negotiations, and stated the objections 
 
68 THE NORTH-EASTERN BOUNDARY. 
 
 which, to his mind, bore against any volunteering of proposi- 
 tions for a conventional line. He said : " I fear that if we 
 abandon the treaty language, so clear and so decided in our 
 favor, and so much at variance with their claim, we shall leave 
 a certainty for an uncertainty, and throw doubt, confusion and 
 embarrassment over our claim and our course of action, and 
 yield to Great Britain the great obstacle we now present to her 
 grasping spirit — the solemn treaty of 1783." 
 
 The Legislature, concurring in opinion with Governor Kent, 
 on .the twenty-fourth of March, 1838, 
 
 "Resolved, That it is not expedient to give the assent of the 
 State to the federal government, to treat with that of Great 
 Britain for a conventional line, but that this State will insist on 
 the line established by the treaty of 1783." 
 
 It also resolved, that, believing it to be a grave question 
 whether the treaty of Ghent, referring to arbitration, had not 
 clone its office, and was therefore no longer in force, the State 
 was not prepared to give her consent to a new arbiter. Our 
 members of Congress were requested to urge the passage of the 
 bill before that body, providing for the survey of the north- 
 eastern boundary of the United States. 
 
 In the event that the bill should not be passed, and the fed- 
 eral government should fail, either in conjunction with that of 
 Great Britain, or alone, to make the survey before the next 
 September, it was declared to be " the imperative duty of the 
 Governor, without further delay, to appoint suitable Commis- 
 sioners and a surveyor for ascertaining, running and locating 
 the north-eastern boundary line of this State, and to cause the 
 same to be carried into operation." 
 
 Eesolves were passed at this session, calling upon Congress to 
 erect a strong fortification in the eastern section of the State. 
 
THE NORTH-EASTERN BOUNDARY. 69 
 
 It will be remembered that, pending the proceedings under the 
 convention of 1827 for an arbitration, there was an understanding 
 or arrangement, that during the arbitration each party was to 
 practice forbearance and moderation. The United States agreed 
 only to exercise its good offices, inculcating a spirit of modera- 
 tion in Maine, in the assurance that it would be reciprocated. 
 For this we have the explicit testimony of Mr. Clay, Mr. Van 
 Buren and other Secretaries. Mr. Forsyth, in a letter to Mr. 
 Fox, denies that there was ever any relinquishment of jurisdic- 
 tion, either express or implied, and affirms that " the United 
 States has, on every public occasion, asserted that both the right 
 to exclusive possession and the exercise thereof belonged to 
 Maine and the United States." 
 
 But this understanding in regard to mutual forbearance, so 
 far from being respected by the Provincial and British authori- 
 ties, was only made the pretext and excuse for steadily renewing 
 and increasing the claims of New Brunswick to ownership and 
 jurisdiction, and of denying all right of occupation and juris- 
 diction on the part of the State of Maine ; so that, within ten 
 years from this arrangement, we find Sir John Harvey, Lieuten- 
 ant-Governor of New Brunswick, claiming to have, under an 
 agreement of the two governments, the right to exclusive pos- 
 session of the territory until the time of a final decision in 
 regard to the boundary ; and that, to secure the political enjoy- 
 ment of such right, he had placed the entire territory, to a point 
 many miles south of the Aroostook Biver, under the supervi- 
 sion and control of an officer called a " Warden." This insolent 
 and audacious claim was made known to the State and federal 
 authorities only to be denied and refuted, and it put the former 
 on the inquiry whether the State, by non-action hi presence of 
 such claim, should yield to it a practical acquiescence. The result 
 was the appointment of a Surveyor, Dr. S. S. Whipple, of East- 
 
70 THE NORTH-EASTERN BOUNDARY. 
 
 port, to survey several townships of land on or near the Aroos- 
 took Kiver. While Dr. Whipple was engaged in the perform- 
 ance of this service, he received a communication from James 
 McLaughlan, " Warden of the Disputed Territory," as he called 
 himself, " protesting and warning " him forthwith to desist from 
 his proceedings. To which Dr. Whipple made answer — that 
 • acknowledging no government or power but that of the State 
 under which he had the honor of acting, sufficient to control 
 his duty or countermand the orders which governed his present 
 movements, he should continue to carry out the instructions 
 that had been given him. 
 
 In the meantime, Governor Kent had transmitted the report 
 and resolutions of the Legislature asking that the boundary line 
 should be run, to the President and to our Members of Congress. 
 He made representation of our unprotected frontier, and re- 
 quested that lines of defence and military posts should be estab- 
 lished ; and he invited Hon. Charles S. Daveis, of Portland, to 
 visit Washington in behalf of the State, to explain and urge 
 these requests. 
 
 Mr. Forsyth, the Secretary of State, seemed more deeply 
 impressed than his immediate predecessor had been with the 
 strength of the claims of Maine. He received these communi- 
 cations of the Governor hi an appreciative spirit, and Iris agent 
 with the consideration due to his personal character, and with 
 the courtesy which distinguished the character and bearing of 
 the accomplished Secretary. 
 
 Among the results of these prompt and vigorous measures on 
 the part of the Governor of Maine, were (1) a letter from Major 
 General Macomb, advising him that Brigadier General John E. 
 Wi Mil, Inspector General, would be instructed to repair to the 
 State of Maine, and make a reconnoissance with a view of ascer- 
 taining its military features and resources, project a plan for its 
 
THE NORTH-EASTERN BOUNDARY. 71 
 
 defence by the establishment of military posts and communica- 
 tions, arsenals, depots of arms, munitions, &c, — duties which 
 were soon afterwards performed. (2.) In the language of 
 Governor Kent, " The question was rescued from the death-like 
 stupor in which it had so long rested ; a new impulse was given 
 to the cause. For the first time, the whole subject was made 
 the foundation of a Congressional report, and elicited in investi- 
 gation and debate the talents and eloquence of some of our 
 ablest statesmen. * * * It was assumed and treated as a 
 national matter which involved the vital interests of one mem- 
 ber of the confederacy, and the plighted faith and constitutional 
 obligations of the Union to make the controversy its own." 
 Kef erring to the able and decided report of Mr. Buchanan (from 
 which I have already quoted), the Governor says : " The Ee- 
 solves, finally adopted in both branches without a dissenting 
 vote, fully assert the unquestionable justice of our cause, and 
 the validity of our title." 
 
 Eemarking upon the Senate debate, alluded to by Governor 
 Kent, Mr. Daveis, on his return to Maine, said in his report : 
 "Among the Senators most conspicuous in the part they took 
 in support of the views expressed in the report of the com- 
 mittee," were Mr. Eeuel Williams, Mr. Webster, Mr. John 
 Davis and Mr. Clay. Of Mr. Davis, he observes : " Without 
 derogation from the merits of any other honorable member of 
 that body, it may be due to say that he distinguished himself 
 throughout the debate as the inflexible and unflinching champion 
 of the rights of Maine, and of the position she had assumed, 
 and the principles she had maintained through circumstances 
 of great trial to her fortitude and forbearance." 
 
 The general government having neglected to take measures 
 for ascertaining and running the boundary line by the first of 
 September, the Governor, on the third of that month, appointed 
 
72 THE NORTH-EASTEKN BOUNDAKY. 
 
 John G. Deane, Milford P. Norton and James Irish, Esquires, 
 Commissioners to perform that duty, in pursuance of the pro- 
 visions of the Eesolve of the twenty-third of March, 1838. 
 
 These gentlemen, of whom the two last named had been 
 land agents of the State, on the thirteenth of September, and 
 after a conference with the Governor, proceeded to the per- 
 formance of the service with which they had been charged, and 
 on the thirty-first of December made their report. 
 
 In communicating this report to the Legislature of 1839, 
 Governor Kent gives the substantial facts that appear in it. 
 He says: 
 
 " Their report, which I have the pleasure to transmit to you, 
 will be read with interest and satisfaction. By that it appears 
 that the exploring line was found marked to near the north-west 
 angle ; that the base of the country rises constantly and regularly 
 from the monument at the head of the St. Croix to the angle, 
 which is from two to three thousand feet above the level of the sea, 
 and more than five hundred feet above the Kedgwick, one of the 
 streams running into the Bay of Chaleurs, near the said angle and 
 the St. Lawrence waters ; that the due north line, if continued to 
 the valley below the north-west angle, actually strikes the St. 
 Lawrence waters, and that the country is high, and even mountain- 
 ous about this spot ; and there is no difficulty in tracing a line 
 westwardly along distinct and well-defined highlands, dividing 
 waters according to the words of the treaty." 
 
 And thus there was brushed away forever the flimsy and 
 worthless pretext which had formed of late years so prominent 
 a feature of the British case, viz : that it was impossible to 
 find a line that conformed to the language of the treaty. Of 
 this fact there never had been any doubt in this State — indeed, 
 the proposition was one which was scarcely susceptible of doubt. 
 
THE NORTH-EASTERN BOUNDARY. 73 
 
 But the energy and fidelity of our State government at this 
 time were not limited by these measures, necessary and im- 
 portant as they were. 
 
 It had come to the knowledge of the State Land Agent, the 
 Hon. Elijah L. Hamlin — and let me stop here to say that I cannot 
 mention the name of this admirable gentleman without some 
 allusion to the wisdom, probity and genial humor by which his 
 life was so strongly marked, and which has made his memory 
 so pleasant to all of his surviving contemporaries, who had 
 . the good fortune to be Ms intimate friends, — that trespassing 
 on our timber lands within the territory in dispute had been 
 carried on for several years, and was then being committed by 
 parties from the Province, and sometimes under license from its 
 authorities. Accordingly this officer, in concert with George W. 
 Coffin, Esquire, Land Agent of Massachusetts, on the fourteenth 
 of December, deputed George W. Buckmore, Esquire, to pro- 
 ceed to the territory, ascertain and report the facts, and remove 
 and sell, under the provisions of an act of the Legislature passed 
 in 1831, the teams and supplies of the trespassers. By the 
 report of Mr. Buckmore, made on the twentieth of January, 
 1839, it appeared that large numbers of men from New Bruns- 
 wick were trespassing on these lands, who not only refused to 
 desist from cutting timber on them, but defied the powers of the 
 State to stay their operations. 
 
 These facts were communicated to the Legislature by Gov- 
 ernor Fairfield (who had been elected as successor to Governor 
 Kent) on the twenty-third of January, 1839. With this mes- 
 sage, the "Aroostook War," an event not unfamecl hi history nor 
 unknown to song, may be properly said to have commenced — 
 a war which, notwithstanding the ridicule attached to some of 
 its episodes, and its tame conclusion, forms a chapter in the his- 
 tory of our State which does real hcftior to its border chivalry. 
 
74 THE NOETH-EASTEEN BOUNDARY. 
 
 The people of the State were thoroughly aroused — they had 
 risen to the height of the great argument, and were prepared to 
 do their duty to the State and country. 
 
 It should be said that this earnestness and 'unanimity of 
 feeling hi Maine were, without doubt, aided by the position 
 which had been taken by the sister Commonwealth. Not only 
 had Massachusetts come to the rescue in 1831, 1832 and 1833, 
 when the rights of our State were in imminent danger, but in 
 1838, her Senators and Eepresentatives in Congress had main- 
 tamed in debate our claims and rights with power and effect ; 
 and in her Legislature, a report of a committee, of which Hon. 
 Charles Hudson was chairman, was made, in which the subject 
 was treated with conspicuous fullness and cogency, and resolu- 
 tions were passed, declaring that the British claim was totally 
 unfounded, and would, if persisted in, lead to a disturbance of 
 friendly relations between the two countries ; that the govern- 
 ment of the United States had no power, under the Constitution, 
 to cede to a foreign nation any territory lying within the limits 
 of any State ; that the proposition made by a late Executive of 
 the United States to the British government, to seek for the 
 " Highlands " west of the meridian of the St. Croix, was a de- 
 parture from the express language of the treaty, an infringement 
 of the rights of Maine and Massachusetts, and in derogation of 
 the Constitution of the United States ; that the proposition for 
 a conventional line was calculated to strengthen the claim of 
 Great Britain, impair the honor of the United States, and put 
 in jeopardy the interests of Maine and Massachusetts. The 
 Governor of the Commonwealth was directed to send copies of 
 the report and resolutions to the President of the United States, 
 the Governors of the several States and to the members of 
 Congress from Massachusetts, and request the latter to use all 
 
THE NORTH-EASTERN BOUNDARY. 75 
 
 honorable means to bring the controversy to a just and speedy 
 termination. 
 
 Governor Fairfield, in his annual message of 1839, following 
 closely in the footsteps of his predecessor, said : 
 
 "If, however, the general government under no circumstances 
 should be disposed to take the lead in measures less pacific tban 
 those hitherto pursued, yet I trust we are not remediless. If 
 Maine should take possession of her territory up to the line of the 
 treaty of 1783, resolved to maintain it with all the force she is 
 capable of exerting, any attempt on the part of the British govern- 
 ment to wrest that possession from her must bring the general 
 government to her aid and defence, if the solemn obligations of 
 the Constitution of the United States are to be regarded as of any 
 validity." 
 
 On the twenty-fourth of January, the Legislature passed a 
 Eesolve directing the Land Agent to employ forthwith, a suffi- 
 cient force to arrest, detain and imprison all persons found 
 trespassing on the territory of this State, as bounded by the 
 treaty of 1783. 
 
 Under the authority of this Eesolve, the Land Agent, with 
 two hundred chosen men, repaired to the Aroostook Eiver, 
 where they understood were some three hundred men from the 
 Province, armed and arrayed for the purpose of resistance. On 
 the approach of the Maine " Posse," as it was called, the Pro- 
 vincial force retired towards the New Brunswick line, followed 
 by the Land Agent, the Hon. Eufus Mclntire, and his assist- 
 ants, G. G. Cushman and Thomas Bartlett, Esquires, who went 
 to, the house of one Fitzherbert, where they put up for the night. 
 This place was three or four miles in advance of the encamp- 
 ment of their company. In the night, the trespassers — who had 
 become acquainted with these facts — went, to the number of 
 fifty or more, to Fitzherbert's, seized the Land Agent and his 
 
76 THE NORTH-EASTERN BOUNDARY. 
 
 assistants, and transported them across the border, and thence 
 to Fredericton. Col. Ebenezer Webster, a prominent citizen of 
 Orono in this State, who was at Woodstock when the prisoners 
 were brought there, attempted to procure their release. But his 
 appeals to the authorities, so far from effecting the discharge of 
 the prisoners, led to his own arrest, and he was sent with the 
 others to Fredericton, where they were all thrown into prison. 
 
 When these facts became known at Augusta, Governor Fair- 
 field requested Hon. Jonathan P. Eogers, a distinguished citizen 
 of Bangor and a former Attorney General of the State, to visit 
 Fredericton and ascertain the facts, as understood there, in rela- 
 tion to the abduction of the Land Agent and his party, and to 
 demand their instant release. This mission of Mr. Rogers re- 
 sulted hi the release of these gentlemen on their parole. The 
 Provincial " Warden," McLaughlan, had in the meantime been 
 arrested by the Land Agent's posse and sent to Bangor. He 
 was detained for a short time, and then released on parole, by 
 order of Governor Fairfield. 
 
 On the thirteenth of February, the Governor of New Bruns- 
 wick issued a proclamation, in which it was recited that he had 
 ordered a sufficient military force to proceed to the scene of 
 certain alleged outrages, to repel foreign invasion, &c. 
 
 This proclamation and the arrest of the Land Agent and 
 his assistants were made the subjects of a spirited message by 
 Governor Fairfield to the Legislature, on the eighteenth of 
 February. 
 
 " How long," he inquired, " are we to be thus trampled upon 
 — our rights and claims derided — our powers contemned — and 
 the State degraded ? * * We cannot tamely submit to be 
 driven from our territory, while engaged in the civil employment 
 of looking after and protecting our property, without incurring 
 a large measure of ignominy and disgrace." 
 
THE NORTH-EASTERN BOUNDARY. 77 
 
 The Legislature, on 'the twentieth of February, passed a 
 Eesolve providing for the raismg and forwarding forthwith of a 
 military force to the territory to prevent further depredations ; 
 and the sum of eight hundred thousand dollars was appropriated 
 to carry out the purposes of the Eesolve and of the Eesolve 
 of the twenty-fourth of January. 
 
 A Eesolve was passed on the twenty-second of February, 
 requesting the Governor to inform the President of the action 
 of Maine, and to request the aid of the general government in 
 support of the rights of the State. In transmitting these 
 Eesolves and other documents to the President of the United 
 States, Governor Fairfield says : 
 
 "In this state of things, I have to inform your Excellency that 
 our citizens now upon this territory, engaged in the service of the 
 State, will not leave it without accomplishing their object, unless 
 compelled so to do by a superior force ; that one thousand drafted 
 men will march to the Aroostook on Wednesday, the twenty-first 
 instant, to aid and assist the Land Agent in carrying into effect 
 the Resolve of the twenty-fourth of January. I shall forthwith 
 proceed to order a further draft of the militia of at least ten thou- 
 sand men, who will hold themselves in readiness to march. Such 
 further measures as may be found necessary to take and maintain 
 the rights of this State in the premises, I assure your Excellency 
 I shall not fail to take, and that with as much promptness as 
 circumstances will permit." 
 
 The Governor then makes a formal call upon the President 
 " for that aid and assistance which the whole States have guar- 
 anteed to each in such an emergency." 
 
 Orders were issued by the Governor and Commander-in-Chief 
 for calling out and mobilizing the militia of the State. Major 
 General Isaac Hodsdon, of the Third Division, was placed in 
 command of the troops that were ordered out, and which con- 
 
78 THE NORTH-EASTERN BOUNDARY. 
 
 sisted of about eleven hundred men from the Third Division and 
 thirteen companies from the Second Division, embracing cavalry, 
 artillery, infantry and riflemen. ' These troops were stationed at 
 different points on the frontier, from Houlton to the Aroostook 
 Eiver. A detachment of three hundred and sixty-nine men 
 was quartered at Calais. It was under the command of 
 Major General Foster. Orders were issued for calling out three 
 companies of the Fifth Division, and eleven companies of the 
 Sixth. The men were rendezvoused at Augusta on the seventh, 
 eighth and ninth of March. A regiment from the Eighth 
 Division was ordered to rendezvous at Skowhegan ; but this 
 order was countermanded before the troops, or at least before all 
 of them, arrived at that place. 
 
 On the eighth of March, Governor Fairfield sent a message 
 to the Legislature, communicating sundry documents which had 
 been transmitted to him by Mr. Forsyth, and covering a message 
 to Congress from the President, a correspondence between Mr. 
 Forsyth and Mr. Fox, and a memorandum of an agreement 
 drawn up by these gentlemen. This agreement, which did 
 not claim to be binding on the State of Maine, recommended 
 that " Her Majesty's forces will not seek to expel, by military 
 force, the armed party which has been sent by Maine into 
 the district bordering on the Aroostook Eiver, but that the 
 government of Maine will voluntarily, and without unneces- 
 sary delay, withdraw beyond the bounds of the disputed territory 
 any armed force now within them ; and that if future necessity 
 should arise for dispersing notorious trespassers or protecting 
 public property from depredation, the operation shall be con- 
 ducted by concert, jointly or severally, according to agree- 
 ment between the governments of Maine and New Brunswick." 
 An arrangement better calculated than this to prolong the dis- 
 pute, and thicken its embarrassments, can scarcely be conceived. 
 
THE NORTH-EASTERN BOUNDARY. 79 
 
 It found no favor in this State. After a clear and candid 
 review of the situation by the Governor in a message to the 
 Legislature which communicated the agreement to that body, 
 he expressed the opinion that it ought not to be accepted, and 
 gave strong and convincing reasons in support of that opinion. 
 But he said he would recommend the following: 
 
 " That when we are fully satisfied, either by the declaration of the 
 Lieutenant-Governor of New Brunswick, or otherwise, that he has 
 abandoned all idea of occupying the disputed territory with a military 
 force, and of attempting an expulsion of our party, that then the 
 Governor be authorized to withdraw our military force, leaving the 
 Land Agent with a posse, armed or unarmed, as the case may 
 require, sufficient to carry into effect your original design, that of 
 driving out or arresting the trespassers, and preserving and pro- 
 tecting the timber from their depreciations." 
 
 The Legislature, on the twenty-third of March, passed Eeso- 
 lutions asserting that the right of this State to exclusive juris- 
 diction over all the disputed territory had been constant, and was 
 indefeasible, and that no agreement had ever been made which 
 could impair her prerogative to be the sole judge of the time 
 when, and the measure in which, that right should be enforced ; 
 that hi view of measures recently adopted by the government 
 of the Union in relation to this question, and particularly the 
 provision made for a special Minister to the court of St. Jaanes, 
 and actuated by a desire for an amicable settlement, she would 
 forbear to exercise her jurisdiction over that part of her territory 
 now usurped by the Province of New Brunswick, so far as she 
 could consistently with the maintenance of the Besolve of the 
 twenty-fourth of January last ; but that she had seen nothing 
 in recent events to cause her to doubt that it was her imperative 
 duty to protect her domain, and that no power on earth should 
 drive her from an act of jurisdiction so proper in itself, and to 
 
80 THE NORTH-EASTERN BOUNDARY. 
 
 which her honor was irrevocably committed ; that the action of 
 the Governor had their cordial approbation, and that they con- 
 curred in the doctrines and sentiments contained in his recent 
 message, and would authorize him to withdraw the troops on 
 the conditions therein set forth ; that the practicability of running 
 and marking the line, in conformity with the treaty, was beyond 
 a doubt, and that a crisis had arrived when it was the duty of 
 the general government to have the line run, either by a joint 
 commission or on her own authority. 
 
 It should be said that the action of the State at this time met 
 with the strong and general approval of the country, which 
 seemed at last to be thoroughly awakened to the gravity of the 
 situation, to a full recognition of the serious wrongs that had 
 ■ been inflicted upon Maine, to her indisputable title and to her 
 long forbearance, and it pledged her its support. Maryland 
 and Alabama from the South sent, through resolutions of their 
 legislatures, words of sympathy and proffers of co-operation, as 
 Virginia and Kentucky had done before ; Massachusetts re- 
 peated her just appreciation of the rights of Maine and of 
 the wrongs she had suffered ; New York, Pennsylvania and all 
 New England had the year before signified their purpose to 
 stand for the defence of our soil, while this year Indiana joined 
 with .Ohio in " a generous oblation of her whole means and 
 resources to the authorities of the Union, in sustaining our 
 rights and honor." 
 
 By an act of Congress, upon a report of a House Committee, 
 the President was authorized to resist and repel any attempt on 
 the part of Great Britain to enforce by arms her claim to exclu- 
 sive jurisdiction. The whole military and naval forces of the 
 United States were placed at his disposal, with such portions of 
 the militia as he might see fit to call out for our protection. 
 
THE NORTH-EASTERN BOUNDARY. 81 
 
 An appropriation of ten millions of dollars for the purpose was 
 made. 
 
 At this stage of the proceedings in Maine, Major General Win- 
 field Scott, U. S. A., appeared upon the scene. At the instance 
 of the President he visited Augusta, and after a conference with 
 Governor Fairfield and members of the State Legislature, and 
 reaching an understanding with Sir John Harvey, the Lieuten- 
 ant-Governor of New Brunswick — between whom and himself 
 there had long existed a warm personal friendship — an arrange- 
 ment was effected by which the Maine troops were withdrawn 
 from the disputed lands, and peace restored. 
 
 This agreement is reported by Governor Fairfield, in his 
 annual message of 1840, as follows: 
 
 " Soon after the adoption of this resolution — March the twenty- 
 third — I received the written assent of the Lieutenant-Governor 
 of the Province of New Brunswick to the following proposition 
 made to him by General Scott, to wit : 
 
 " ' That it is not the intention of the Lieutenant-Governor of her 
 Britannic Majesty's Province of New Brunswick, under the expected 
 renewal of negotiations between the Cabinets of London and Wash- 
 ington on the said disputed territory, without renewed instructions 
 to that effect from his government, to seek to take military pos- 
 session of that territory, or to seek, by military force, to expel the 
 armed civil posse or the troops of Maine.' 
 
 " It appearing to me that the precise contingency contemplated 
 by the Legislature, had occurred, I could not hesitate to recall the 
 troops." 
 
 Orders for the return of the troops were issued on the twenty- 
 fifth of March, and by the thirteenth of May the last of them 
 were paid off and mustered out of service at Bangor. And so 
 ended the "Aroostook War," after an expenditure, I think, of 
 something more than a million dollars by the State, all of which, 
 
 b 
 
82 THE NORTH-EASTERN BOUNDARY. 
 
 it may be said, was re-imbursed by the general government. It 
 tested, at least, and not to their discredit, the patriotism and 
 martial temper of our people. If in any way unsatisfactory in 
 its results, it was not their fault. But something, Governor 
 Fairfield considered, had been accomplished by it. He said : 
 
 " The occurrences of last winter served to awaken the attention 
 of the country to the momentous importance of the question, and 
 to induce such an examination of it as to result in a strong and 
 universal conviction that the pretence of claim set up by Great 
 Britain to the disputed territory is palpably unfounded and unjust, 
 and can be persevered in only through an utter disregard of the 
 plain and unambiguous terms of the treaty of 1783." 
 
 Not long after the withdrawal of the troops, a proposition 
 was submitted by the British government to the President for 
 a commission of exploration and survey, but it was coupled with 
 such conditions that one would think it must have been made 
 for the sole purpose of being rejected, with a view to gain- 
 ing time, and the advantages that might be expected from a 
 protracted " Wardenship " of the country. That time and its 
 accidents were considered, is rendered more than probable by 
 the steps taken by Great Britain concurrently with the negotia- 
 tion. She sent out a commission of her own — Messrs. Mudge 
 and Featherstonehaugh — to obtain, as she expressed it, topo- 
 graphical information. Failing in all points as yet taken, or 
 imagined, she set herself to work to discover if there might 
 not be new ones more tenable or more plausible than the old, 
 at any rate, to gam time Nor was the quest a vain one in her 
 estimation, for this remarkable commission discovered and re- 
 ported that all previous surveys, reports and opinions were 
 erroneous, and that the true line, the actual highlands, were far 
 south, not only of the river St. John, but of Mars Hill ! And 
 when it was answered that this line was not indicated by any 
 
THE NORTH-EASTERN BOUNDARY. 83 
 
 highlands such as were mentioned in the treaty as forming the 
 boundary, they replied, in substance, that there was every reason 
 to believe that once thei highlands where their line was 
 
 drawn, which in the course of time — it may ham been millions 
 of years — had teen abraded and worn away. This position was 
 seriously taken by the British government, and urged upon the 
 United States. That government would seem to have believed 
 that no claim, no affront even, could arouse the temper of the 
 American government ; and certainly it is not strange that she 
 should have formed this opinion. 
 
 Edward Kent, who had been elected Governor for the second 
 time, addressed the Legislature of 1841, upon the assembling of 
 that body in January. Eef erring to the boundary question, he 
 .-aid : 
 
 " It is universally conceded by every American, that the treaty 
 of 1783, fairly interpreted and honestly executed, would sustain all 
 our claim * * ; that the ready obedience with which our chosen 
 soldiery responded to the call of their commander, and the un- 
 shaken zeal with which they marched from their comfortable 
 homes, in the depth of winter, into the interior forests, and the 
 firm determination which was manifested by every man to sustain 
 the assertion of our rights, must have satisfied all that, although 
 Maine, for the sake of the peace and quiet of the country, * * 
 might forbear to enforce her extreme rights, pending negotiations, 
 there was yet a point beyond which she would not submit to en- 
 croachments * *; that she has a right to ask, when she has 
 yielded so much, that her motives should be appreciated, and her 
 cause become the cause of the whole country. * * And that 
 the assumed line of self-styled geologists, based on imaginary and 
 theoretical highlands which never had any existence save in the 
 fancies of these men, was unworthy of respect.' " 
 
 At this session of the Legislature, Mr. Daveis, who was a 
 member of the Senate, made, as chairman of the committee on 
 
84 THE NORTH-EASTERN BOUNDARY. 
 
 this question, a comprehensive and exhaustive report; and, 
 although a gentleman of extreme moderation and rare courtesy, 
 he was moved, after some remarks in reference to the report of 
 Mudge and Featherstonehaugh, to say that the committee " are 
 only restrained from speaking of it further by the respect that 
 is due to the channel through which it comes, rather than to 
 the source from which it proceeds ; from speaking — they mean 
 to say as it deserves — of what otherwise might be termed its 
 impudence, its audacity and its mendacity ; of its sophistries and 
 evasions; of its assumptions as well as suppressions; of its 
 profligate perversions, and its presumptions and extravagant 
 pretensions." 
 
 If ever trifling and contemptuousness can be practiced by 
 one nation towards another so far as to become an affront, 
 which, by the laws of honor and the duties of self-respect, 
 as they are recognized among civilized nations, would justify an 
 appeal to arms, the making, publishing and offering as evidence 
 of title by the British government, of this impudent and insult- 
 ing report, furnished justification for a hundred declarations of 
 hostilities such as are settled only on the field of battle. 
 
 Governor Kent, in this message of 1841, refers to a proced- 
 ure on the part of Great Britain, which, if further illustration 
 were needed of the underhanded and offensive manner which it 
 seems to have been her policy and her purpose to practice 
 towards this government, would amply supply it. 
 
 It will be remembered that when our troops were withdrawn 
 from the Aroostook, in March, 1839, it was upon a written 
 proposition made by the Lieutenant-Governor of New Bruns- 
 wick, and submitted through General Scott to the Governor of 
 Maine, in which he agreed, among other things, in the absence 
 of renewed instructions from England, not to seek to take mili- 
 tary possession of the territory. This promise was accepted as 
 
THE NORTH-EASTERN BOUNDARY. 85 
 
 made in good faith. No renewed instructions were ever given ; 
 that would have been war. But the difficulty was avoided hi 
 this way. Great Britain quietly transferred the jurisdiction of 
 this territory from New Brunswick to Canada, and within a 
 few months after this solemn agreement, in the inviolability of 
 which Maine and the federal government fully confided, a 
 portion of the British army was quartered by order of the Gov- 
 ernor General of Canada, at Lake Temiscouata, within the limits 
 of this State. 
 
 I make the following extract from the message of Governor 
 Kent : 
 
 "The correspondence which has recently been communicated to 
 you by my predecessor, discloses another movement on the part of 
 the British authorities, well calculated to arrest attention and call 
 forth indignant remonstrance on the part of Maine and the Union. 
 If I am correctly informed, in a very short time after the conclusion 
 of the agreement by which it was, in effect, stipulated that the 
 British authorities should not take military possession of what is 
 termed by them ' the disputed territory,' and during the existence 
 of that arrangement, a detachment of Her Majesty's troops was 
 stationed at Temiscouata Lake, within that territory,. and has been 
 continued there ever since. And we are now informed that 
 another detachment has been moved to and stationed at the 
 Madawaska settlement, for the purpose of sustaining the jurisdic- 
 tion and supporting the exercise of authority on the part of the 
 British magistrates." 
 
 In 1842, Governor Fairfield was again in office. John Tyler 
 was President of the United States, and Daniel Webster was 
 Secretary of State. 
 
 In his annual message to the Legislature, the Governor said 
 that the State had "good grounds to believe a fair and reason- 
 able proposition on the part of our government, with a view to 
 
86 THE NORTH-EASTERN BOUNDARY. 
 
 a final and amicable settlement of the question, lias remained 
 another year unanswered, if not unnoticed." He thought there 
 was no room for doubt or hesitancy as to the course which 
 the general government ought to pursue. He observed that 
 " national honor, as well as justice to Maine, clearly indicate 
 it_and that is, to purge the soil of this State effectually, and 
 without delay, of every vestige of British encroachment ; and 
 then, if there is to be further negotiation upon this subject, let 
 it be on the part of Great Britain to obtain what for more than 
 a quarter of a century she has refused to yield. When a 
 reasonable expectation can no longer be entertained that the 
 general government will adopt this, or some equally efficacious 
 course, if Maine is true to herself, she will take possession of 
 the whole territory, and, if need be, use all the means which 
 God and nature have placed in her hands to maintain it." 
 
 Preferring to the exploration and survey which the general 
 government had at last undertaken, and which were understood 
 to have been nearly completed, he remarked that it was 
 believed that it would " add a confirmation of our title which 
 no ingenuity could avoid or effrontery deny." 
 
 On the seventeenth of January, resolutions were passed in- 
 structing our Senators to call on the President for information 
 as to the state of negotiations, to which Mr. Webster replied 
 that no correspondence had taken place which, in his judgment, 
 could be made public without prejudice to the public interest. 
 
 A joint-select committee, of which Hon. Edward Kavanagh 
 was chairman, made a report on the seventh of March, in which 
 liberal extracts from the Governor's message were copied, in- 
 cluding those given herein, all of which received the full ap- 
 proval of the committee and of the Legislature. But in considera- 
 tion that it was understood a special minister had been appointed 
 by Great Britain to visit Washington, with full power to con- 
 
THE NORTH-EASTEKN BOUNDARY. 87 
 
 sider and adjust all questions in controversy, it was not deemed 
 expedient at that time to do more than re-state the position of 
 Maine ; in doing which the committee took care to say that 
 " Maine, through her Legislature, has uniformly protested against 
 an arbitration ; and we hazard nothing in saying that the people 
 of this State will never consent that the inheritance derived 
 from their ancestors be committed to such a hazard." 
 
 On the eleventh of April, Mr. Webster wrote Governor Fair- 
 field that Lord Ashburton, a Minister Plenipotentiary and 
 Special, had arrived at Washington, with full powers to negoti- 
 ate and settle the different matters in discussion between the 
 two governments ; " that in regard to the boundary question he 
 had authority to treat for a conventional line, or line by agree- 
 ment, on such terms and conditions, and with such mutual 
 considerations and equivalents, as may be thought just and 
 equitable." He referred the Governor to the great losses of Maine 
 in the Aroostook War, and to the fact that the United States 
 had already paid one hundred thousand dollars towards an ex- 
 ploration ; and, in contempt of the declaration of Mr. Kavanagh's 
 committee, that Maine would never give her consent thereto, 
 told him that if the case were not settled now it would go to 
 another arbitration ! He then proposed that Maine and Massa - 
 chusetts should appoint Commissioners, with authority to give 
 the assent of those States to such a settlement as he and the 
 British Plenipotentiary might agree upon ; and, to this end, 
 that the Governor should convene the Legislature in special 
 session, without unnecessary delay. 
 
 In accordance with this request, the Legislature was convened 
 by the Governor, at Augusta, on the eighteenth day of May, 1842. 
 
 When the Legislature came together, they were informed by 
 the Governor that " the British government is now prepared to 
 propose * * * what may be thought to be a just and 
 
88 THE NORTH-EASTERN BOUNDARY. 
 
 equitable equivalent for a portion of that which she has hereto- 
 fore claimed as her own." He denounced any agreement for 
 dividing the territory which did not afford an equivalent for the 
 part that should be ceded to Great Britain. 
 
 The question was debated with much spirit for several days. 
 Hon. Peleg Sprague, of Boston, Judge of the United States 
 District Court, formerly a Senator in Congress from Maine, 
 visited Augusta as the representative of Mr. Webster, and had 
 prolonged conferences with members of the Legislature, urging 
 the appointment of Commissioners, with liberal powers ; and 
 Mr. Jared Sparks, the historian, was mentioned, confidentially, 
 by the knowing ones, as being at the Capital and holding pri- 
 vate interviews with certain members of the Legislature. Hon. 
 Albert Smith, a former member of Congress from this State, a 
 gentleman of large influence, alike from his distinguished ability 
 and his rare and genial humor, was also in attendance as an 
 organ of the State Department. Measures for the preparation 
 of public opinion for a conventional line were set on foot. 
 Leading newspapers — religious as well as political — were in 
 possession of new light and unwonted zeal upon this subject, to 
 the extent, in some cases, of being able to see things that had been 
 wholly obscured before — and the secret service fund of the State 
 Department suffered a shrinkage, the details of which, if I remem- 
 ber aright, Mr. Charles Jared Ingersoll, with all his pains, was 
 never able to obtain. 
 
 With all this effort, and notwithstanding the proposition was 
 only for the appointment of Commissioners who, it was sup- 
 posed, would make equivalents in kind as the conditions of any 
 convention they might assent to, there was a respectable 
 minority of the Legislature, who were inflexibly opposed to the 
 appointment of Commissioners, upon any conditions. Some of 
 them believed that the State had no rightful power to sell or 
 
THE NORTH-EASTERN BOUNDARY. 89 
 
 transfer, for a consideration, any of its citizens. Mr. William 
 Frye, of Bethel, a member of the committee to which the subject 
 had been committed, made a minority report in maintenance of 
 this position ; and I think there was not a member of either 
 house who had a thought or fear that any convention would be 
 entered into, under which, if the State surrendered land which 
 was hers by the treaty of 1783, she would not receive territory 
 in return, which was acknowledged to belong to New Bruns- 
 wick. From the opportunity which I had of knowing the 
 feeling and expectation of members— having myself been one of 
 them — I believe I take no risk in saying that if it had been 
 understood that any line would be agreed upon that should not 
 give to Maine some portion of the acknowledged territory of 
 New Brunswick, in exchange for what the latter should receive 
 from Maine, the commission would never have been constituted. 
 I do not believe it would have received ten votes in both houses. 
 Indeed, one of the resolutions carried this idea, and it was 
 supposed that it would be regarded as conveying an implied 
 instruction, at least. It read as follows : 
 
 "Resolved. That this State cannot regard the relinquishment, by 
 the British government, of any claim heretofore advanced by it to 
 territoiy included within the limits of the line of this State, as 
 designated by the treaty of 1783, and uniformly claimed by Maine, 
 as a consideration or equivalent, within the meaning of these reso- 
 lutions." 
 
 Four Commissioners — two from each political party — were 
 appointed by the Legislature. William Pitt Preble and Edward 
 Kavanagh represented the Democrats; Edward Kent and John 
 Otis the Whigs. They proceeded without delay to Washington, 
 and were there joined by Abbot Lawrence, John Mills and 
 Charles Allen, Commissioners from Massachusetts. 
 
 The assent of Maine to the treaty, which was literally wrung 
 
90 THE NORTH-EASTERN BOUNDARY. 
 
 from her Commissioners, was given on the twenty-second of July, 
 1842. Massachusetts had given hers two days before. One 
 needs hut to read the paper in which that of Maine was con- 
 veyed, or the report of the Commissioners to the Governor, to 
 discover that it was only through moral duress of the represent- 
 atives of Maine that the document was obtained. The grief 
 and the shame of it were expressed in words which cannot be 
 misunderstood. 
 
 The Commissioners said : 
 
 " Considering, then, this proposition as involving the surrender 
 of more territory than the avowed objects of England require, as 
 removing our landmarks from the well-known and well-defined 
 boundary of the treaty of 1783, the crest of the highlands, besides 
 insisting upon the line of the arbiter in its full extent, we feel 
 bound to say, after the most careful and anxious consideration, that 
 we cannot bring our minds to the conviction that the proposal is 
 such as Maine had a right to expect. 
 
 " But we are not unaware of the expectations which have been 
 and still are entertained of a favorable issue to this negotiation by 
 the government and people of this country, and the great disap- 
 pointment which would be felt and expressed at its failure. Nor 
 are we unmindful of the future, warned as we have been by the 
 past, that any attempts to determine the line by arbitration may 
 be either fruitless, or with a result more to be deplored." 
 
 And so they consent to say that if the judgment of the nation 
 shall demand the sacrifice, and the Senate of the United States 
 shall advise and consent to it, their assent will not be withheld, 
 although it will involve " a surrender of a portion of the birth- 
 right of the people of their State, and prized by them because 
 it is their birthright." 
 
 The fact is, Mr. Webster was determined that the question 
 should be settled at all events. He reasoned, he implored, he 
 
THE NORTH-EASTERN BOUNDARY. 91 
 
 threatened. He had connected this question with others — 
 questions which were indeed well settled by the terms of the 
 treaty, and which the whole country was anxious to see settled 
 — and thus had brought all these interests and influences to 
 bear on the Maine Commissioners. New York was to get 
 Kouse's Point ; there was the Caroline case ; the Creole case ; 
 and the right of search ; the suppression of the slave trade on 
 the coast of Africa — important matters, all, and all virtually 
 and wisely adjusted by the treaty or by the correspondence 
 and informal negotiations at the time. It was like the case of 
 making a general appropriation bill carry an obnoxious measure. 
 All these influences were brought into conspiracy against our 
 Commissioners. The business interests of the country needed 
 the assurance that there were to be no disturbances, no war — 
 an almost solid South demanded that the question should be 
 put at rest. For one, although I have never ceased to regret 
 that the Commissioners yielded, I have not had it in my heart 
 to find fault with them, knowing, not only from the public 
 history of the affair, but also from many conversations with a 
 prominent member of the Commission, the straits into which 
 they were thrown and the force and character of the demands 
 that were made upon them. 
 
 In their letter to the Governor of Maine, in which they 
 reported their doings as Commissioners, they complain that they, 
 as well as the Legislature and people of the State, had been 
 misled by the assurances which had been given in respect to 
 the extent of the power intrusted to the British Plenipotentiary. 
 " Instead," they say, " of being clothed with full power to nego- 
 tiate a mutual exchange of contiguous territory for the purpose 
 of removing the acknowledged inconveniences resulting from 
 the treaty line of demarcation, we soon learned that he had no 
 authority to concede a single acre of British territory adjoining 
 
92 THE NORTH-EASTEEN BOUNDARY. 
 
 Maine — nay, not even the smallest of her islands in Passama- 
 quoddy Bay." 
 
 Nothing is more certain than this — that if the Governor 
 had understood that the assurances made to him in the letter 
 of the Secretary of State were unauthorized by anything in the 
 instructions to the Minister, there would have been no special 
 session of the Legislature. That this was the opinion of the 
 Commissioners is manifest from their report. " The views 
 of the Legislature," they say, " so repeatedly expressed, were 
 opposed to any assent on the part of its agents," to a ratification 
 of the line of the King of Holland. Yet the line of 1342 was 
 less favorable to Maine than that. The pressure was such, 
 however, that the consent of the State was finally given, on the 
 condition, as the Commissioners inform the Governor, " that in 
 the opinion of the Senate of the United States, Maine ought, 
 under existing circumstances, to assent to so great a sacrifice of 
 her just claims for the peace and harmony and general welfare 
 of the Union." 
 
 The ratification of the treaty was vigorously opposed in the 
 Senate by Mr. Williams, of this State, Col. Benton, Mr. Buchanan, 
 and others. Mr. Woodbury, of New Hampshire, criticised its 
 provisions with much severity, but intimated that, since Maine 
 had given her consent, he might not withhold his vote. 
 
 Col. Benton's speech occupied several hours, in which he 
 showed up, with a thoroughness that was as complete as it was 
 merciless, its imperfections and inconsistencies, and incompat- 
 ibility with the interests and honor of the nation. He spoke 
 of Maine as having been "victimized" and betrayed. "And 
 this," says he, " is her consent ! Pressed by the President of 
 the United States, pressed by the American negotiator — men- 
 aced — abandoned by her mother State — isolated from other 
 States — presented as sole obstacle to the general peace — warned 
 
THE NORTH-EASTERN BOUNDARY. 93 
 
 that it was the last chance ; thus situated, this devoted State so 
 far subdues herself as to say, through her Commissioners, that 
 she submits to the sacrifice if, upon mature consideration, the 
 Senate of the United States shall approve it." He said that 
 we surrendered our old natural mountain boundary, the crest of 
 the highlands, to which we had clung with a religious perti- 
 nacity from the beginning, and with it a strip of country one 
 hundred and ten miles long, containing eight hundred and 
 ninety-three square miles, beyond and above what was assigned 
 to Great Britain by the King of Holland, and gave her the line 
 she had contrived for the purpose of weakening our boundary 
 and retiring it farther from Quebec. 
 
 Mr. Buchanan argued the question in detail and at great 
 length. He said : 
 
 " I have earnestly endeavored to keep my mind open to convic- 
 tion until the last moment ; but after all I cannot vote for this 
 treaty without feeling that I had violated my duty to the country, 
 and without forfeiting my own self-respect. In the emphatic lan- 
 guage of the Senator from Maine (Mr. Williams) I believe it to be 
 a treaty unjust to Maine, and dishonorable to the whole country ; 
 and thus believing, if it depended upon my vote, it should be re- 
 jected without regard to consequences." 
 
 He said he concurred with the opinion formerly expressed by 
 Mr. Webster, that the claim of the British government " does 
 not amount to the dignity of a debatable question." He de- 
 nounced Mr. Webster, as Col. Benton had clone, in terms of 
 reproach, which would have had greater effect had they been 
 less sweeping and had they not indicated that personal feeling 
 may have had something to do with barbing them. "That 
 man," he exclaimed, " of gigantic intellect, whose great powers 
 ought to have been taxed to the utmost to save Maine from dis- 
 
94 THE NORTH-EASTERN BOUNDARY. 
 
 memberment, was the very man who urged them (the Com- 
 missioners) to consent to the dismemberment." 
 
 But the speech which, perhaps, of all the speeches that were 
 made, best reflected the attitude and feelings of Maine, w, 
 her own Senator, Hon. Eeuel Williams ; it was dispassionate, 
 clear, and dignified, but earnest and strong. While avoiding the 
 language of vituperation, it did not conceal the impression 
 that Maine had been misled into a position to which no power 
 could have brought her with her eyes open and her hands free ; 
 nor did it repress an expression of regret that the Commission- 
 ers, when they found, in direct' conflict with their understand- 
 ing of the facts, and that of the Legislature, that the British 
 Minister had not full powers, had, indeed, no authority to cede 
 an acre of British soil for any consideration whatever — and 
 when limitations had been withheld from them, expressly on 
 the ground that none were imposed on Lord Ashburton, and 
 therefore that both sides should come together on the same 
 footing — did not return at once, instead of remaining at Wash- 
 ington to transfer the interest and the honor of the State from 
 their own hands into the sole keeping of the Senate of the 
 United States. Mr. Williams said : 
 
 " I would go far, very far, to compromise this dispute upon 
 honorable terms, and I would not be particular as to the value of 
 equivalents. But I hold that Great Britain has contiguous terri- 
 tory, convenient to us, which she might and ought to give in 
 exchange for the territory belonging to us which she so much 
 needs, and ought to have for a just equivalent. This treaty does 
 not accomplish fairly either object ; it gives to Great Britain more 
 than is necessary, and withholds from Maine what she ought to 
 acquire." 
 
 In closing, he said : 
 
 " I cannot agree to the ratification of the present treaty. It is 
 
' THE NOBTH-E ASTERN BOUNDARY. 95 
 
 unjust to Maine, and, in my judgment, dishonorable to the nation, 
 I do not desire another arbitration, which may be more ruinous to 
 Maine than the present arrangement. I have no confidence in 
 further negotiation. What we have had has greatly weakened our 
 once perfect title ; and I see no other waj r of getting our right as 
 a nation and performing our high obligation to one of the States 
 of the Union, than by taking possession of what belongs to us and 
 holding it. In such a course we will have right and justice on our 
 side. If others interfere with us, it must be in their own wrong. 
 With these views, I send to the Chair the following resolution, 
 and ask the yeas and nays upon its adoption : 
 
 "Resolved, That the treaty and documents now under considera- 
 tion be re-committed to the Committee on Foreign Relations, with 
 instructions to report a resolution directing the President of the 
 United States to take immediate possession of the disputed terri- 
 tory, and to report such contingent measures as, in their opinion, 
 may be necessary to maintain the just right of the nation." 
 
 The resolution was not adopted. 
 
 When the treaty was before the Senate, similar tactics to 
 those which had been used in extracting the consent of the 
 State of Maine to its provisions were employed. Mr. Jared 
 Sparks, when in Paris, some time before the negotiation, had 
 found in the archives of the French government an old map, 
 with a red line, of this part of the country, a copy of which was 
 furnished by him to the Secretary of State, and by the latter 
 communicated to the Senate in executive session, with a nourish 
 of trumpets, sounding not victory, but defeat, to the claims of 
 the United States and of the State of Maine. The history of 
 the discovery of this map is told by Mr. Sparks in his letter to 
 Mr. Webster, from which I copy : 
 
 "While pursuing my researches among the voluminous papers 
 relating to the American Revolution in the Archives des Affaires 
 
96 THE NORTH-EASTERN BOUNDARY. 
 
 Etrangers in Paris, I found in one of the bound volumes an orig- 
 inal letter from Dr. Franklin to Count D'Vergennes, of which the 
 following is an exact transcript : 
 
 " « Passt, Dec. 6, 1782. 
 " ' Sir : — I have the honor of returning herewith the map your 
 Excellency sent me yesterday. I have marked with a strong red 
 line, according to your desire, the limits of the United States, as 
 settled in the preliminaries between the British and American 
 plenipotentiaries. 
 
 " With great respect, I am, &c, 
 
 <"B. Franklin.' 
 
 " This letter was written six days after the preliminaries were 
 signed; and if we could procure the identical map mentioned by 
 Franklin, it would seem to afford conclusive evidence as to the 
 meaning affixed by the Commissioners to the language of the 
 treaty on the subject of the boundary. You may well suppose that 
 I lost no time in making enquiry for the map, not doubting that it 
 would confirm all my previous opinions respecting the validity of 
 our claims. In the geographical department of the archives are 
 sixty thousand maps and charts, but so well arranged with cata- 
 logues and indexes that any one of them may be easily found. 
 After a little research in the American division, I came upon a map 
 of North America, by D'Anville, dated 1746, in size about eighteen 
 inches square, on which was drawn a strong red line throughout 
 the entire boundary of the United States, answering precisely to 
 Franklin's description. * Imagine my surprise on discover- 
 
 ing that this line runs wholby south of the St. John, and between 
 the head waters of that river and those of the Penobscot and Ken- 
 nebec. In short, it is exactly the line now contended for by Great 
 Britain, except that it concedes more than is claimed. * * There 
 is no positive proof that this map is actually the one marked by 
 Franklin ; yet, upon any other supposition, it would be difficult to 
 explain the circumstances of its agreeing so perfectly with his 
 
THE NORTH-EASTERN BOUNDARY. 97 
 
 description, and of its being preserved in the place where it would 
 naturally be deposited by the Count D' Vergennes." 
 
 Mr. Eives, of Virginia, a prominent member of the Com- 
 mittee on Foreign Eelations, and I think its Chairman, intro- 
 duced in the Senate this letter and the map which accompanied 
 it — a copy of the original in the French archives, and which 
 Mr. Sparks had marked with a black line — with these remarks : 
 
 "Is there no danger, in the event of another arbitration, that a 
 further research into the public archives of Europe might bring to 
 light some embarrassing (even though apochryphal) document to 
 throw a new shade of plausible doubt over the clearness of our title 
 in the view of a sovereign arbiter ? Such a document has already 
 been communicated to the committee, and I feel it to be my duty 
 to lay it before the Senate, that they may fully appreciate its 
 bearings and determine for themselves the weight and importance 
 which belong to it." 
 
 He adds, that it is due to Mr. Sparks, that an account of it in 
 his own words, in a letter to the Secretary of State be given. 
 Mr. Sparks' letter was then read. 
 
 Here, then, was a brand new discovery, which one can scarcely 
 conceive of as not fatal to our claim, if Mr. Sparks' inferences 
 are to be relied upon, concealed from the other side, and sud- 
 denly sprung upon the Senate in secret session, to influence its- 
 action, and which, it may have well been supposed, would place 
 the ratification of the treaty, notwithstanding the opposition of 
 our Senator, Mr. Eeuel Williams, Col. Benton and others, be- 
 yond much doubt. The treaty was indeed ratified, but not 
 until the utter worthlessness of this evidence had been exposed 
 by Col. Benton, Mr. Buchanan and Mr. Woodbury. This red- 
 line map turned out to be no other than one of many red-line 
 maps of 1746, one of which, from Mr. Jefferson's collection, had 
 long been in the library of Congress, and had nothing whatever 
 7 
 
98 ' THE NORTH-EASTERN BOUNDARY. 
 
 to do with the map used by the Commissioners, or with that 
 sent to the Count D'Vergennes. 
 
 The question was brought up at the next session, also, when 
 Col. Benton said (See Globe and Appendix for 1842-3, Vol. 12, 
 p. Ill): " When he saw that the Senator from Virginia was 
 yet in the act of pressing the importance of the map referred to 
 by Mr. Sparks, he interrupted the Senator by calling, ' Here is 
 the very same red line on Mr. Jefferson's map,' and on compari- 
 son it was found to correspond exactly. He proclaimed the 
 red line loudly to prove that Mr. Sparks' secret was no secret at 
 all." 
 
 This speech by Col. Benton was made on the fourth of 
 January, 1843. Mr. Eives' speech, before quoted from, had 
 just been published, the injunction of secrecy having been re- 
 moved from the proceedings. Col. Benton took this occasion to 
 correct some errors, as he considered them, in this speech. On 
 the next day the question was brought up again, when Col. 
 Benton said " there was not one particle of evidence to be ad- 
 duced from the circumstance that the map, found by Mr. Sparks, 
 in Paris, had a broad, strong red line indicating some boundary 
 of Canada, was marked by Dr. Franklin ; because every French 
 map of the day had the same red line on it." 
 
 The fact seems to have been that this old French map, made 
 nearly forty years before the treaty of 1783, indicated merely a 
 French claim of boundary by just such a red line as was at that 
 time commonly used. Besides, the fact that in 1794, when 
 the subject was before the Commissioners, no such map or evi- 
 dence of boundary was referred to, should have convinced Mr. 
 Sparks that his version was not only untenable but preposterous. 
 But the testimony, showing the utter failure, so far as the 
 evidence was concerned, of this attempt to influence the Senate 
 in favor of the treaty, was not permitted to be closed here. On 
 
THE NORTH-EASTERN BOUNDARY. 99 
 
 the eighteenth of January, Col. Benton again brought the sub- 
 ject before the Senate, when he produced a letter from Dr. 
 Franklin, (the same already copied in this paper), dated the 
 eighth of April, 1790, — and the last letter ever written by him 
 — in which he says that the map used in tracing the boundary 
 was brought to the treaty by the Commissioners from England, 
 and that it was the same that was published by Mitchell twenty 
 years before, and further, that the American Commissioners in- 
 formed Congress of the fact at the time. 
 
 These revelations exploded and scattered, one would have 
 hoped, forever, this wretched red-line map performance. But 
 this was not to be ; and years afterwards its echoes came to us 
 from across the Atlantic. When, in 1861, the loyal country 
 was engaged in an effort to preserve the nation, it received, as 
 will be remembered, but small sympathy from the higher classes 
 in England, who were eager enough to find grounds of indict- 
 ment against the United States, and excuses for their own 
 unfriendly feelings and actions. And among other explanations 
 and excuses, they turned to this red-line map, took it up and 
 threw it at us. The newspapers used it, the clubs talked about 
 it, and one of the leading Quarterly Reviews, in an elaborate 
 argument defending England's attitude of unfriendliness towards 
 this country, referred, in justification, to the red-line map, its 
 discovery, its concealment, its use in secret session of the 
 Senate, and its exposition only after the treaty had been ratified, 
 when the fraud had done its work too completely to be made in- 
 effectual. This was not pleasant reading to us at that time, 
 however groundless we knew the accusations to be; for we 
 knew, also, that those to whom they were chiefly addressed — 
 Englishmen, whom it was desired to see embittered against this 
 country — did not know the facts, nor were they remembered 
 by many even in our own country. The charge was well calcu- 
 
100 THE NORTH-EASTERN BOUNDARY. 
 
 lated to do us harm, and was, as against the nation, -without a 
 shadow of reason. Mr. Edward Everett, writing me on the 
 twenty-eighth of February, 1862, said : " Of all the attempts in 
 England to raise a prejudice against us, this clamor about the 
 red-hue map is the most unjustifiable." 
 
 Whatever of wrong there may have been in this transaction, 
 it was wrong against the United States, and not against Eng- 
 land. The latter had no right to complain of an expedient 
 employed in her behalf, and that might open the way to the 
 ratification of a treaty which, she was so desirous to have 
 executed as this. The whole story being a fiction, or a mere 
 inference that was plainly without foundation, no evidence 
 tending to support the British claim had been suppressed. In- 
 deed, it is more than probable, from the language of one of 
 Lord Ashburton's letters to Mr. Webster, that he had seen this 
 very map ; and he must have knowm, or he would have made 
 other use of it, what it was designed to describe. This was 
 shown quite clearly, I think, in the Senate debate on the ratifi- 
 cation of the treaty. 
 
 The treaty having been attacked by many individuals, and 
 among others, by Senator Daniel S. Dickinson, of New York, 
 Mr. Webster made what he called a " Vindication of the treaty 
 of Washington," on the sixth and seventh days of April, 1846, 
 in which no reference is made to any danger we escaped by the 
 treaty, from the red-line map discovery. In truth, the red-line 
 map theory never had the slightest respect in this country after 
 Colonel Benton's speeches in 1843. 
 
 The treaty line of 1842 commenced at the monument, at the 
 source of the St. Croix, as agreed by the Commissioners under 
 the treaty of 1794; thence it followed the exploring line that 
 was run and marked by " the surveyors under the fifth article 
 of the treaty of Ghent, to its intersection with the river St. 
 
THE NORTH-EASTERN BOUNDARY. 101 
 
 John and to the middle channel thereof ; thence up the middle of 
 the main channel of the said river St. John to the mouth of the 
 river St. Francis " (to which point it is identical with the King 
 of Holland's line) ; " thence up the middle channel of the said 
 river St. Francis, and of the lakes through which it flows, to the 
 outlet of Lake Pohenagamock ; thence south-westerly, in a 
 straight line to a point on the north-west branch of the river 
 St. John, which point shall be ten miles distant from the main 
 branch of the St. John, in a straight line in the nearest direc- 
 tion ; but if the said point shall be found to be less than seven 
 miles from the nearest point of the summit or crest of the 
 highlands that divide those rivers which empty themselves into 
 the St. Lawrence, from those which fall into the river St. John, 
 then the said point shall be made to recede down the said north- 
 west branch of the river St. John, to a point seven miles in a 
 straight line to said summit or crest; thence in a straight 
 line, in a course about south, eight degrees west, to a point 
 where the parallel of latitude of 46° 25' north intersects 
 the south-west branch of the St. John ; thence southerly by 
 the said branch, to the source thereof hi the highlands, at the 
 Metxarmette portage ; thence down along the said highlands 
 which divide the waters which empty themselves into the river 
 St. Lawrence from those which fall into the Atlantic ocean, to 
 the head of Hall's stream," etc. 
 
 Comparing this boundary with the line of the King of Hol- 
 land, it is painfully obvious how much the State of Maine lost 
 by refusing to accept the latter, as she indignantly did, in 1831. 
 Accepting that boundary, she would have saved in territory 
 571,520 acres, or 893 square miles (see Mr. Webster's Vindica- 
 tion), and would have received from the United States land in 
 the State of Michigan, of the value of two millions of dollars. 
 
102 THE NORTH-EASTERN BOUNDARY. 
 
 (See letter of the Maine Commissioners to Governor Fairfield, 
 January 4, 1843.) 
 
 Maine received from the United States, in the way of com- 
 pensation for her assent to the treaty of Washington, the sum 
 of one hundred and fifty thousand dollars. Had she acquiesced 
 in the recommendation of the King of Holland, she would have 
 saved to herself a tract of country (given up by the Ashburton 
 treaty) as large as the counties of Androscoggin and Sagada- 
 hoc and a good part of Lincoln, and have received, under 
 General Jackson's proposition, in 1831, land of the value of two 
 millions of dollars. 
 
 But it may be said, she acquired the free navigation of the 
 river St. John. It has already appeared, and was shown in the 
 Senate debates, that by the law of nations she already possessed 
 that right, and more fully, as Col. Benton argued, than was set 
 down in the text of the treaty. But, waiving that point, she 
 had it practically, and would have enjoyed it. For the interests 
 of the city of St. John, and of the Province as a whole, would 
 have placed it on a satisfactory and permanent basis. So large 
 a proportion of the trade and commerce of that city depended 
 upon the trade in the lumber and other products of north- 
 eastern Maine, that the Province was under stronger than 
 treaty obligations to yield, and even to facilitate, the use of the 
 river for the transportation of these products by our people. 
 But even the treaty, under the construction put upon it, became 
 an embarrassment rather than a benefit. Instead of enjoying, 
 under its provisions, the rights which the people of Maine had 
 reasonably anticipated, they were restrained beyond all previous 
 experience. The treaty, by its terms, excluded manufactured 
 articles, and besides, contained the following clause : " When 
 within the Province of New Brunswick, the said produce shall 
 be dealt with as if it were the produce of said Province." 
 
THE NOETH-E ASTERN BOUNDARY. 103 
 
 This was a most unfortunate clause ; for in virtue of it the 
 Province assumed to collect, and in fact did collect, stumpage 
 on lumber and timber cut in Maine, in the same manner and 
 to the same extent that it would have done if they had been 
 cut in New Brunswick. This is the way in which it was 
 effected. New Brunswick levied an export duty, in lieu of 
 stumpage, on all lumber and timber cut in the Province on 
 which stumpage was due thereto, and as by the treaty, the 
 lumber and timber cut in Maine were to be dealt with, when 
 within the Province, as if they were the produce of the latter, 
 and since she levied an export duty on her own, she had, she 
 maintained, the same right to levy it on that which came from 
 Maine. She did levy it and collect it. Making the duty high 
 enough to include her claims for stumpage, it covered, of course, 
 stumpage on the lumber and timber from the State. She col- 
 lected no other stumpage. But a Maine lumberman, who had 
 paid stumpage to the State, or to the proprietor at home, was 
 compelled to pay it again to the Province. Having lost her 
 pretended title to the soil, she yet contrived to hold and treat 
 its growth and products as her own. When earnest remon- 
 strance was made against this extortion and abuse of the treaty, 
 she only replied that the right was given by it and would be 
 exercised. And it was exercised until the treaty of Washington, 
 in 1871, when the right to tax American produce in transit to 
 an American market was taken away. 
 
 To the consideration, so urgently and so unceasingly pressed 
 upon the people of Maine, that the treaty as a whole was ad- 
 vantageous to the United States, and their State should there- 
 fore be willing to set aside her single interest and her sentiment 
 in deference to the general good, they always could answer, 
 that she had never been unready to do her duty to the Union — 
 that she had been patient under injury and indignity from a 
 
104 THE NORTH-EASTERN BOUNDARY. 
 
 foreign power, such as had been visited upon no other State ; 
 and this, too, when she had occasion to feel that her rights 
 were neglected, and, as at thnes it almost seemed, betrayed by 
 the national government, her constitutional protector. And 
 they remembered, and could further answer, that there had been 
 times and opportunities when a just and reasonable arrangement 
 could have been effected, if the authorities at Washington had 
 been as mindful of her interests and honor as they had never 
 failed to be of smaller concerns affecting other interests and 
 other sections of the country ; that a line from near the monu- 
 ment at the head of the St. Croix to Eel Eiver ; thence to its 
 outlet in the river St. John, some twelve miles below the town 
 of Woodstock ; thence up the rivers St. John and St. Francis to 
 the crest of the highlands ; thence following the line recom- 
 mended by the King of Holland — was so well understood at one 
 time as being attainable, that large purchases of real estate were 
 made in the neighborhood of and above Eel river, upon the 
 advice of parties at Washington, who enjoyed the very best 
 means of knowing what might have been and was expected to 
 be accomplished. 
 
 This State well understood that Great Britain regarded the 
 right of way across the Madawaska country as a prime con- 
 venience, if not as a positive necessity ; and she was never 
 unwilling, with the consent of the people residing there (and 
 which for many years there would have been no difficulty in 
 obtaining), to cede to her so much of the territory as was 
 needed for this purpose, and would have been content with a 
 reasonable equivalent for so considerable a concession. That 
 Great Britain overestimated the importance of this right of way, 
 has been manifest from her subsequent action. She has practi- 
 cally acknowledged it, by insisting that the railway which she 
 has aided in constructing, that connects Halifax and St. John 
 
THE NORTH-EASTERN BOUNDARY. 105 
 
 with Quebec and Montreal, should be built upon a route east 
 of the boundary line as always claimed by Maine. 
 
 Nor is it quite easy for this State to forget that the more 
 valuable the considerations moving to the United States in the 
 frontier changes of boundary in the country west of Maine, the 
 larger were the sacrifices to which she was called to submit. 
 For these better boundaries in the west something was neces- 
 sary to be paid, and it fell to the lot of Maine to make the 
 payment from territory to which Congress had declared her 
 title to be " clear and unquestionable." 
 
 For this large and uncalled for surrender of her soil, Maine 
 sought no money equivalent. She only sought compensation in 
 kind — land for land — privilege for privilege. She always re- 
 fused to treat the question as one of pecuniary indemnity. 
 When, in 1831, she was asked to accept the line of the King of 
 Holland, and receive Michigan lands of the value of two 
 millions of dollars, she promptly, as has been seen, and not 
 without a feeling of just indignation, rejected the terms, regard- 
 ing them as unjust and derogatory. And when, in 1842, her 
 boundaries were so largely abridged, she declined to remember, 
 as against the miserable douceur with which she was then put 
 off, the greater compensation which she had spurned ten years 
 before. 
 
 There is no fact in the history of Maine, in which I take 
 greater satisfaction than this — that, while feeling keenly the in- 
 justice done to her, when once the sacrifice became inevitable, 
 she was too proud to higgle about the price. 
 
 The story which I have here so imperfectly told, honorable 
 as it is to the people of Maine, and for the most part creditable 
 to her authorities, forms an interesting and important chapter 
 in her annals, and if it be true, as we are told, that history is 
 
106 THE NORTH-EASTERN BOUNDARY. 
 
 philosophy teaching by example, it is one that may be read 
 with interest and profit by the present and by future genera- 
 tions. 
 
CORRECTION. 
 
 In Section II, on page 15, it is said: "The Commissioners 
 having agreed upon the river, decided that its source was in 
 what is now known as Round Lake, the same, I suppose, that 
 is laid down as North Lake in Greenleafs map of 1815," &c. 
 This is a mistake. The Round Lake which the Commissioners 
 first agreed upon was the lowest of the western Schoodic Lakes. 
 It had been claimed by the British agent as the true head of 
 the St. Croix, in an elaborate argument based upon the belief 
 that it would give a line to the highlands so far to the west of 
 one starting from Lake Cheputnecook, as to leave the sources 
 of the rivers that fall into the Bay of Chaleurs within British 
 territory. But no sooner had he discovered that this was an 
 error, than he took steps to have the branch of the St. Croix, 
 against which he had been earnestly contending, adopted as the 
 true river. He seems to have had no difficulty in bringing about 
 this change. The "bad luck" in this case must be largely 
 ascribed to the ignorance of the American Commissioners. 
 
 There seems to have been, at first, a misunderstanding on 
 both sides, as to the effect of their respective claims. But the 
 British agent was soonest undeceived. 
 
 The line claimed by this agent, as originally understood and 
 contended for by him, would indeed have set aside "the plain 
 provisions of the treaty and its undisputed history." But as it 
 would have been run, it would have taken from New Brunswick 
 a strip of country ten miles wide by one hundred and fifty miles 
 in length. See letter of Robert Listen to Ward' Chipman, 
 October 23, 179 S. 
 
 At all events, the British appear to have had their own way 
 before the Commissioners. When they asked for Round Lake, 
 they received it ; and when they wanted Cheputnecook, they 
 had no difficulty in getting it. 
 [To face p. 106.] 
 
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