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more mischievous designs be cloaked under that plea; (such, per example, as the apparent establishment of a co-ordinate jurisdiction with Great Britain within the disputed territory;) I would therefore respectfully submit to your Lordship the necessity of a strong remonstrance, through Her Majesty's Minister at Washington to the Presidential Government, against proceedings which may have the effect of renewing border excitement, in spite of every disposition and exertion on the part of the provincial authorities to guard against it.

I have, &c.,

(Signed)

J.' HARVEY.

My Lord,

Inclosure in No. 16.

Sir John Harvey to Lord Sydenham.

Government House, Fredericton,

New Brunswick, November 13, 1840.

I HASTEN to lay before your Lordship copies of a Report and its inclosure, which have this day been placed in my hands by the Warden of the Disputed Territory, and to solicit your Lordship's instructions upon the occasion of this high-handed proceeding on the part of the individual in the command of the armed party of the state of Maine stationed at Fish River.

Your Lordship is doubtless aware that the construction put by me, and, I have reason to believe, by General Scott, upon the agreement entered into between the Governor of Maine and myself, in March, 1839, was, that the Maine posse should confine itself to the occupation of the valley of the Aroostook, leaving that of the St. John to New Brunswick, each party denying the right of the other to ultimate possession. The Government and Legislature of Maine contended for a different construction, and claimed the joint right of occupation for the purpose of protecting the timber of all the disputed territory south of the St. John, above the Madawaska Settlement; and in accordance with this view, it pushed a party of its armed posse to the mouth of the Fish River, thus establishing itself, de facto, upon the Upper St. John. This movement was immediately and strongly protested against on my part; but it not being deemed expedient to have recourse to force for the purpose of dislodging this party, the question became immediately narrowed to the definition of the actual limits of the Madawaska Settlements. These were asserted and shown, on our part, to extend up the St. John as far as British settlements extended; and it was proved that British jurisdiction had repeatedly been exercised as far as the River St. Francis, the very individual-John Baker-who is now again taking a prominent part in the present proceedings, having been made amenable to and punished by the laws of New Brunswick, which he had audaciously violated. On the part of Maine, it was asserted that the Settlement of Madawaska does not extend beyond the Fish River on the south and the mouth of the Madawaska River on the north bank of the River St. John. Upon the true construction of the agreement I had understood that a conventional arrangement was to be entered into between the two general Governments, and I have for some time past been in the expectation of learning the result; no such information has, however, reached me, and I am consequently left in doubt as to whether the present proceedings on the part of Maine be the consequence of any such agreement, or are to be viewed as merely the assertion of its own pretensions.

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If the latter, the points for consideration would appear to be, whether it be deemed to consist with the dignity or the rights of Great Britain to rest satisfied by merely protesting against this open and forcible assumption of sovereignty by the State of Maine over a part of Her Majesty's subjects of the Madawaka Settlements, and the insult offered to one of the magistrates of this province, or by promptly moving a military force into the settlements to give confidence and protection to the Queen's subjects, and support to the civil authorities.

In the event of your Lordship's deciding upon the adoption of the latter course, I trust I may be pardoned in recommending that it may be carried into effect from the side of Canada, by means of a detachment from the Temisquata barracks, in which there is good accommodation (to the extent of 150 men) at

Simon Nibbert's, on the right or south bank of the St. John, about eighteen miles below the Fish River (the place where two companies of the 11th Regiment were posted in the winter of 1839). Encouraged by the presence of such a force, (which would look for its support to the Dégelé and the Temisquata on the one side, and the Grand Falls on the other,) the alarm of the French settlers would subside, and the magistrates would be in a position to enforce the execution of the laws. The detachment from this province at the Grand Falls could be augmented, if found necessary, from this garrison; but that is a measure which, as it might tend to create uneasiness to the officer in command of the troops at Houlton, it might be prudent to defer until the necessity should actually arise.

The Warden informs me that my letter to Major Graham, of which a copy accompanied my despatch of the 7th instant, immediately produced the intended effect.

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My Lord,

Inclosure 4 in No. 16.

Sir John Harvey to Lord Sydenham.

Government House, Fredericton,

New Brunswick, November 17, 1840. SINCE addressing to your Lordship my letter of the 13th instant, I have received a document which ought to have reached me many months ago, viz., the correspondence relative to the North American Boundary Question, part I., printed for the use of the Imperial Parliament, and after a perusal, or it may be rather called a re-perusal, of that correspondence, it has occurred to me that you may feel indisposed to sanction any measure which may have the effect of reviving the outcry of military occupation" by Great Britain of the disputed Territory, into which even the movement of a serjeant's or subaltern's guard of Her Majesty's troops might be perverted. Under this view, I would propose so far to modify my proposition as to substitute for the Queen's troops a sufficient party or posse of armed labourers or attendants, to be placed under the orders of the warden and magistrates. This description of force being strictly analogous to that employed by the State of Maine, cannot possibly be objected to by them; the objection to which it certainly is liable on our part is, that it is less amenable to control and may lead to collision, which, however, if it should occur, cannot compromise the General Governments, or constitute the ground of national dispute, as would a single act, however trifling, on the part of the smallest party of Her Majesty's troops. Moreover, great care must be used in the selection of the men to compose the posse.

I have, &c.,

(Signed)

J. HARVEY.

Inclosure 5 in No. 16.

Mr. Maclauchlan to Sir John Harvey.

May it please your Excellency,

Fredericton, October 28, 1840. I HAVE the honour to acquaint your Excellency that on leaving the Madawaska Settlement a few days since, a report reached me of an intention, on the part of the Authorities of the State of Maine, of calling a town meeting, so termed in that settlement, either about the close of this month or the beginning of the next, for the purpose of taking votes for the election of a President for the United States.

I endeavoured to ascertain if the meeting was to be held above the BlockHouse occupied by the armed posse at Fish River, or between the Fish River and the Little Madawaska, as the latter, I had understood, was lately incorporated and considered as part of the county of Penobscot, State of Maine. However, this

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information I was unable to obtain, and, therefore, I considered it advisable during my absence to leave directions with Mr. Wright, the magistrate, and also Mr. Tighe, the person there employed in taking the census of the Madawaska Settlement under an Act of Assembly of this province, to attend the meeting, if held between the Fish River and the Little Madawaska, and to protest against the proceedings; also noting down the names of all persons found taking an active part at the same, which, together with the result of the meeting, to be transmitted to me by express for the information of your Excellency.

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WITH reference to my communication of the 28th ultimo, I have now the honour of transmitting, for your Excellency's information, a letter which I received on my arrival in this settlement to-day from Mr. Rice, one of Her Majesty's Justices of the Peace for the County of Carleton, giving a detailed account of the proceedings of a town meeting, so termed, held by authority of the State of Maine on the St. John, near the entrance of Fish River, and under the protection of the armed posse occupying a strong block-house at that place.

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By the statement of Mr. Rice it appears, that the meeting was convened for purpose of electing a President and Vice-President for the United States, and was held on the 2nd instant at a house adjoining the block-house of the armed posse, under the command of Captain Ryans, who on that day made publicly known the instructions which he had received from his Government, giving him the exclusive jurisdiction on the St. John's River, from its source to the entrance of the Little Madawaska. And, in order to show the power vested in him, did treat with great disrespect one of Her Majesty's peace officers, (Mr. Rice,) by removing him from the meeting on his protesting against their proceedings.

With respect to arresting the persons observed taking a prominent part at this meeting, and alluded to in a letter from your Excellency's private Secretary to me of the 3rd instant, I beg to state it as my opinion, and also that of the magistrates in the settlement, that it would be altogether useless interfering with any of them whilst under the protection of the armed posse, unless your Excellency will authorize our calling upon the military for assistance.

It affords me very great satisfaction that I am enabled to acquaint your Excellency, that none of the respectable settlers of Madawaska attended this meeting; but the persons were chiefly Americans, headed by the notorious John or General Baker, and the lowest order of Canadians who have been but a short time in the settlement, and are, generally speaking, without principle or property.

But, in order to satisfy your Excellency of the good feeling that at present exists among the inhabitants of Madawaska towards Her Majesty's person and Government, I hope shortly to forward an address from them to your Excellency, disapproving of the line of policy pursued by the Americans, and, further, calling upon your Excellency to afford them that protection which your Excellency may deem necessary for the security of their persons and property, and the maintenance of the laws they have been governed by for upwards of fifty years. I have, &c.,

(Signed)

J. A. MACLAUCHLAN, Warden of the Disputed Territory.

Sir,

Inclosure 7 in No. 16.

Mr. Rice to Mr. Machlauchlan.

Madawaska, November 3, 1840. UPON my arrival from Quebec on the 20th ultimo, I was informed by Mr. Tighe, that, on the Friday previous, the Americans held what they term a town meeting, at the house of one Joseph Nedeau, next above the American block house, at the outlet of Fish River, the purpose of which was to elect town officers They accordingly did so, and have elected Barnabas Hanawell, Miles Emery and Elias Baker, Americans, to be Assessors; Elias Baker was also elected Town Clerk; and John Baker, the well-known agitator of Madawaska, Moderator for the day. A lawyer of the name of Sewell, from Bangor, opened the meeting, by making a long speech to the people. Previous to this meeting there had been notices put up in the settlement, notifying the inhabitants to attend. After they had finished their meeting, they fired three discharges from a field piece, hoisted the American flag, drums beat, music played, and a general rejoicing took place.

On receiving your letter directing me to attend the meeting, and to protest against these proceedings, I made further inquiry, and found that hand-bills had been up in the settlement, notifying the people to attend another meeting to be holden at the same place on the 2nd of November. Early in the morning of that day I left home, and arrived at Nedeau's about one o'clock, P.M.: met Captain Ryans, the officer in command at the American block-house, and told him that my business up here was to protest against those proceedings. He answered me, "If you do so officially, I will be under the necessity of arresting you, and sending you to Augusta." I told him that I was determined to do what I considered my duty. There were about one hundred persons present, principally Americans, there were a few French Canadians of the lower class; shortly after my arrival, Barnabas Hanawell, Miles Emery, and Elias Baker, Americans, proclaimed order, and that they were about to open the meeting; Elias Baker commenced, by opening a packet, and read to the following effect:

"In the name of the State of Maine, we open this meeting, pursuant to an order to us directed for the purpose of electing a President and a Vice-President for the United States of America, and in the name of the said State, come forward and give your votes. Signed, Barnabas Hanawell, Miles Emery, Elias Baker."

I then asked if I would be allowed to speak. I was answered, "No; that the meeting had opened, and that I should not be allowed to say one word." I then stood up and said: "As the Queen's civil officer, and in Her Britannic Majesty's name, I protest against your proceedings and meetings as unlawful, illegal, and uncalled for." I was then ordered out of the room, or rather taken out by the arm by Captain Ryans, when I was roughly used by John Baker, Joseph Wiles, and others. Baker made different attempts to strike me, but was prevented by Captain Ryans. Captain Ryans also stated publicly at the meeting, that if any peace officer of New Brunswick should attempt to arrest any person, or serve any writ, or exercise any act of jurisdiction whatever, from the Madawaska River upwards, that he would arrest them, and send them off to Augusta prisoners; that that was the order he had recently received, and that he would actually put it in force.

I have, &c.,

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N.B.-In further conversation with Captain Ryans, he plainly and distinctly told me, that if the Warden of the Disputed Territory should attempt for the future above the entrance of the Madawaska River, that he would most certainly make him his prisoner, according to his instructions.

(Signed)

I have, &c.,

FRANCIS RICE,

Justice of the Peace.

(Extract.)

Inclosure 8 in No. 16.

Lord Sydenham to Sir John Harvey.

Government House, Montreal, November 23, 1840.

YOUR despatches of the 3rd and 13th instant, with their inclosures, reached me yesterday.

Under the circumstances which you detail I cannot hesitate to authorize such measures as appear requisite for the protection of Her Majesty's subjects against a repetition of the insults which appear to have been offered, and are again threatened, by the servants of the State of Maine; and I have accordingly addressed myself to the Commander of the forces, who will direct a military force sufficient for the purpose to repair to the Madawaska Settlement, to be placed wherever they can be most advantageously and conveniently accommodated.

Sir Richard Jackson will communicate with you upon the matter, and the officer in command of the party will be directed to report to you.

Your Excellency will of course put this officer immediately in communication with Mr. Maclauchlan or the other civil authorities of Her Majesty at the Settlement, whom he will be prepared to support in the discharge of their duties, and for the protection of the Queen's subjects; but I rely on your taking every possible precaution against any unnecessary interference with the citizens of the United States, and avoiding to the utmost any collision.

My instructions from Her Majesty's Government are, not to permit Maine to occupy or possess land to the north of the St. John's, and to maintain in perfect security the communication by the Madawaska between Fredericton and Quebec; whatever, therefore, is indispensable for that purpose must be

done.

Dear Sir,

Inclosure 9 in No. 16.

Sir John Harvey to Mr. Fox.

Government House, Fredericton,

New Brunswick, November 18, 1840. I DEEM it proper that your Excellency should be put in possession of communications which the proceedings of the armed posse of the State of Maine have imposed upon me the necessity of addressing to the Governor-General, as doubtless your Excellency will be requested to protest against conduct so entirely at variance with that perfect good understanding which it has never ceased to be my earnest desire to maintain with the Government and Authorities of that State, in all matters relating to the joint occupation of the disputed territory, under the Agreement entered into in March 1839.

I avail myself of this occasion to acquaint your Excellency that Major Graham, of the United States' service, having represented to me that he had met with obstruction from the proprietors of some of the lands situated on the British side of the line, from the Monument towards Mars' Hill, in consequence of being under the necessity of cutting down timber for the purpose of following out that which he has been directed to explore, I lost no time in addressing such a letter to him, in reply to his representation to me, as has had the effect of putting an end to the opposition referred to. (Copy of the correspondence is inclosed.) On this subject it is proper that I should apprize your Excellency that I am informed by Mr. Maclauchan, the Warden, who remained with Major Graham's party for twentyfour hours, and witnessed all their proceedings during that time, that the due north line which they are engaged in tracing on the ground, with the aid, as he states, of the best instruments and frequent astronomical observations, is gradually, but steadily diverging to the eastward of that which constitutes the present boundary, and up to which the lands have been very generally

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