I have not found it possible to conclude any satisfactory agreement with the United States' Government upon the general provisions, taken together, of the amended arrangement desired by Her Majesty's Authorities. The only measure at present adopted by the United States' Government, will be the substitution of two companies of United States' regular troops, in the place of the armed civil posse of the State of Maine, at the two posts occupied by the Americans in the Disputed Territory. I consider that this change will be of great advantage, both with a view to the preservation of peace on the border for the present, and with a view also to the safe and prompt delivery of the territory, if the British title thereto shall be eventually established. At the same time I have stated to Mr. Webster, in my official letter herewith inclosed, dated the 6th instant, that I am not prepared to say what view Her Majesty's Government will take of the movement of the United States' troops, adopted, as it now is, as a separate measure, without refereuce to those other provisions, of an amended arrangement, which were proposed by the British Government, and without reference, either, to the well-grounded and reiterated remonstrances of Her Majesty's Authorities against the establishment of the American post called Fort Jarvis, at the mouth of Fish River.

I had reason to complain of the conduct of the American Government in prematurely ordering the two companies of regular troops to be moved into the Disputed Territory, pending the negotiation of the other parts of the proposed arrangement. Mr. Webster, it will be seen, has given some explanation of the matter in his letter to me, herewith inclosed, of the 4th instant. I am persuaded that the equivocal conduct of the Government in this particular has not been owing to intentional bad faith, but to the state of discord and disorganization of the public departments at Washington during the present political and ministerial crisis.

I learn from reports in the newspapers, that the two companies of United States' troops, appointed to occupy the posts on the Aroostook and at Fish River, left the American station of Houlton, in Maine, for their new destination on the 31st of last month. The orders, therefore, which, in consequence of my communications with Mr. Webster, were dispatched from hence on the 2nd instant, to suspend the movement, will, as I apprehended, have arrived too late.

I should be in daily expectation of receiving further communications from Lord Sydenham upon the subjects treated of in this despatch, if it were not. for the very severe accident which I lament to hear his Lordship has suffered by a fall from his horse.

Sir,

Inclosure 1 in No. 31.

Mr. Webster to Mr. Fox.

Department of State, Washington,
September 4, 1841.

I HAVE laid before the President the communication which you did me the honour to place in my hands a few days since. He directs me to say to you that he thinks there must be some misapprehension on the part of Lord Sydenham, as to the motives which have led him to comply with the wishes of the State of Maine, to relieve its civil posse by small detachments of United States' troops.

The Government of the United States entertains the opinion that the Disputed Territory, during the time which may elapse before the final settlement of the title, should be protected from trespass and depredation by the Authorities of the Governments of the United States and Great Britain; in this opinion it appears that Her Majesty's Government entirely concur. The facts which the President found to be actually existing were, that the State of Maine was maintaining a civil posse at the mouth of the Aroostook, and another at the mouth of Fish River. The British Government had certainly complained of the establishment of this last-mentioned posse, as being contrary to the agreement entered into between the Governor of Maine and Sir John Harvey in the spring of 1839, and, on the other hand, the Government of

Maine complained, not less loudly, of infractions of the same agreement by the British Authorities, especially in the augmentation of their military force on the north side of the St. John's. As the whole matter related to a subject which would be but of temporary, and, as it was to be hoped, of short duration, the President thought that instead of discussing further the grounds of those mutual complaints, it would be for the benefit of all parties, that the civil posse of Maine should be withdrawn, and their places supplied by troops of the United States. In the beginning of July, as you will remember, I made an informal communication of these views to you, not, as Lord Sydenham seems to suppose, for the purpose of entering upon a formal negotiation for a convention on the subject, but for that of stating frankly, and in the most friendly manner, the President's opinion as to what was the best mode to be adopted by him, and suggesting to the British Government what occurred to him as worthy of its consideration as measures having the same general

end.

You expressed the opinion that the British Government in Canada might see objections to a part of what the President proposed to do; but under the impression that both parties were agreed in the expediency of substituting as soon as possible, a regular force for the armed posse now in possession; and considering the advanced state of the season, it was thought necessary, at the Department of War, not to delay the movement of the two companies. There was no purpose in this, of acting suddenly or prematurely, or during the pendency of any negotiations upon the subject. For, as I have already stated, my informal communication to you was not intended as the commencement of a regular negotiation, but only as friendly information of the steps which the President thought proper to take, and a suggestion of what might be considered as proper on the side of the British Authorities as concurrent measures. It may be proper to observe here, that orders were given from the War Department for one of the field officers at Houlton to proceed with those companies; and as he would naturally meet with the commanders of the British posts, to explain to them, so far as necessary, the object of the

movement.

The main fear expressed by Lord Sydenham appears to be, that part of the Madawaska Settlement which lies south of the St. John's, might be in danger by this occupation of the post at the mouth of the Fish River. When, in the communication already referred to, I suggested the propriety of confining the British forces to the north side of the St. John's, it was not intended to affect, in any degree, the question of the extent of the Madawaska Settlements, or the exercise of British jurisdiction, wherever heretofore that jurisdiction had been habitually exercised. The river was mentioned as a natural boundary which could not be mistaken, and proper, therefore, as the line between the posts of the respective Governments. It might have been added, that although neither Government accepted the award of the King of the Netherlands, yet the boundary recommended by him might be worthy of regard as a limit of the temporary possession held by the two Governments.

It is presumed not to be the purpose of either party to extend its jurisdiction over parts of the Disputed Territory where it has not heretofore actually existed. The officers commanding the United States' detachments will have orders to confine themselves to the objects which alone the Government has in view in placing them at their posts, and not to take upon themselves to interfere in any question of civil jurisdiction whatever. It is to be hoped that the observance of strict discipline by the troops on both sides, and a spirit of moderation and forbearance among the people along the frontier, will relieve both Governments from the difficulties and dangers on the subject of the temporary occupation of the Territory in dispute. I have, &c.,

Inclosure 2 in No. 31.

Sir,

Mr. Fox to Mr. Webster.

Washington, September 6, 1841.

I HAVE the honour to acknowledge the receipt of your letter of the 4th instant, upon the subject of the movement of two companies of United States' regular troops to certain posts in the Disputed Territory, in the place of the armed civil posse of the State of Maine now stationed there.

I shall lose no time in forwarding your communication to Her Majesty's Government in England, and to his Excellency the Governor-General of British North America.

Her Majesty's Authorities, I am persuaded, will concur with me in duly appreciating the friendly intentions of the President, as well as the conciliatory form in which you have conveyed to me his views and your own upon this occasion. I am likewise sensible of the advantages that may be expected to result from the employment, upon the service in question, of a detachment of regular troops, responsible to the General Government alone, instead of an irregular armed force under the orders of a State Government, of whose conduct Her Majesty's Authorities have had the strongest reason to complain.. The change will, it is to be hoped, conduce to the maintenance of peace upon the border for the present, and will also eventually secure the safe and prompt delivery of the territory to whichever party shall establish its rightful title thereto.

At the same time, I am not prepared to say what view Her Majesty's Government will take of this movement of the United States' troops adopted as a separate measure, without reference to those other provisions of an amended arrangement for the provisional custody and occupation of the Disputed Territory, which, in pursuance of my instructions, I had proposed to the United States' Government, in communications heretofore addressed both to Mr. Forsyth and to yourself,—and without reference, either, to the wellgrounded and reiterated remonstrances of the British Authorities against the establishment of the American post at Fish River.

With regard to the suggestion of adopting the channel of the River St. John as a temporary boundary between the two parties, I must at once state, that Her Majesty's Authorities can, under no circumstances, consent to relinquish the exercise of British jurisdiction through the Madawaska settlements, which extend along the south bank, as well as along the north bank of the St. John's; and that the right will be reserved of provisionally stationing a force of British troops in any part of those settlements, either south or north of the St. John's, where it may be found necessary for the due protection of the inhabitants. There seems no reason, however, to fear that this should lead to collision between the troops of the two nations, if the orders which you inform me are to be furnished to the United States' Commanding Officers, are, as I have no doubt they will be, carefully obeyed.

I avail myself, &c.

No. 32.

My Lord,

Mr. Fox to the Earl of Aberdeen.—(Received October 30.)

Washington, October 12, 1841. UPON receiving Lord Palmerston's despatch of the 24th of August relating to the North-Eastern Boundary Negotiation, I had a conference with Mr. Webster upon the subject. I found him entirely unacquainted with the last previous movements of the two Governments in that negotiation, and, consequently, unprepared with a definite answer to the proposals contained in Lord Palmerston's despatch. In order to understand the meaning of that despatch, it was absolutely necessary that Mr. Webster should make himself acquainted with the details of the last previous proposals of the two Governments, contained respectively in the British Draft of Convention presented by me to Mr. Forsyth on the 28th of July, 1840, and in the American CounterDraft delivered to me shortly afterwards by Mr. Forsyth, and forwarded to Her Majesty's Government in my despatch of August 15, 1840. Under these circumstances, I gave to Mr. Webster a copy of Lord Palmerston's despatch, which copy, together with the two documents above-mentioned, namely, the British Draft, and the American Counter-Draft of Convention of 1840, he has carried with him to his residence in Massachusetts, where he is now staying. I hope that upon his return to Washington in the course of next month, he will be prepared to resume the negotiation. From several conversations which I have had with Mr. Webster, I am induced to believe that as far as his own wishes and opinion go, he would be very willing to conclude the dispute at once by a compromise, and by the adoption of what has generally, in the course of the negotiation, been termed a conventional line of boundary. But I am not yet aware what particular terms of compromise would satisfy Mr. Webster: nor, which is of equal moment, what means he would possess of rendering such terms of compromise as he might accept, acceptable also to the State of Maine.