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United States.

On the 20th of July, 1840, Congress approNew Surveys by the priated $25,000 for an "exploration and survey" of the boundary line between the States of Maine and New Hampshire and the British provinces, and of the adjacent country. Under this act James Renwick, James D. Graham, and A. Talcott were appointed as commissioners. They were instructed (1) to explore and survey the lines respectively claimed by the United States and Great Britain, and (2) to examine and report upon the arguments contained in the report of Messrs. Featherstonhaugh and Mudge. Their first report bears date January 6, 1841. It was necessarily imperfect. They found and identified the point determined upon under Article V. of the treaty of 1794 as the source of the St. Croix, and prosecuted their surveys as far as the season would permit. An additional appropriation of $75,000 was made in February, 1841,3 in order that the work might be completed. On January 4, 1842, the commissioners presented a statement of what they had done, showing that their task was not yet finished. Only 81 miles of the meridian north from the monument at the source of the St. Croix had been surveyed, leaving 64 miles yet to be explored; the line claimed by Great Britain, and the line of Messrs. Featherstonhaugh and Mudge, had for the most part been surveyed, but had not yet been united; and a part of the highlands claimed by the United States near the source of the Rimouski had not been reached. Various other points remained to be determined; and they submitted estimates for another appropriation to enable them to complete their surveys and office work. On March 31, 1842, however, they presented what proved to be their last report. It covered all their operations up to that time, and contained an able refutation of some of the positions of Messrs. Featherstonhaugh and Mudge, and particularly of their "axis of maximum elevation," which was found to represent eminences separated one from another by spaces of comparatively low and often swampy country so extended as to preclude the idea of a continuous range of highlands in the direction represented upon the map of those commissioners."

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4S. Ex. Doc. 97, 27 Cong. 2 sess. The amount asked for was $55,801.75. H. Ex. Doc. 31, 27 Cong. 3 sess. This report does not contain Graham's map of the disputed boundary, printed by order of the Senate in 1843.

Border Strifes.

While the negotiations and surveys were dragging along affairs on the border often gave rise to anxiety. In 1831 the attempt of certain persons to hold an election at the settlement of Madawaska under the laws of Maine led to their arrest and trial by the authorities of New Brunswick. They were convicted and sentenced to fine and imprisonment, but were afterward released on the request of the United States, their action having been disavowed by the authorities of Maine. Disputes as to jurisdiction continued to occur. In 1836 one Alexander Rea, a Canadian justice of the peace, and one or more associates were arrested by a party under the command of an officer of the New Hampshire militia for attempting to execute process in the Indian Stream territory, which, on the supposition that the head of Halls Stream was the boundary of the United States, was within the American jurisdiction. In 1837 one Ebenezer Greely, who was engaged in taking a census for the State of Maine in the Madawaska settlement, was arrested by the authorities of New Brunswick on the ground that he was conducting his operation on British territory. In the same year a report that a railway was projected from Quebec to St. Andrews, through the disputed territory, under the patronage of the authorities of Canada, New Brunswick, and Nova Scotia, gave rise to a protest on the part of the United States. The British Government directed the colonial authorities to cause all operations within the disputed territory to be discontinued."

In 1838-39 what was known as the "Restook The "Restook War." war" broke out in the district bordering on the River Aroostook. A land agent sent by the State of Maine with a posse to arrest British subjects who were cutting the fine timber in that district was seized and imprisoned by the authorities of New Brunswick. Other arrests followed, and something like a border war began.

S. Ex. Doc. 3, 22 Cong. 1 sess.

2 Br. and For. State Papers, XXII. 1030; XXIII. 404, 426.
3 Br. and For. State Papers, XXVII. 829.

H. Ex. Doc. 126, 25 Cong. 2 sess.; Br. and For. State Papers, XXVII. 821, 935. Congress on July 7, 1838, appropriated $1,175 to reimburse the State of Maine for allowances to Greely for his sufferings and losses in consequence of his imprisonment, and to John Baker and others for a sim

ilar cause.

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Maine raised an armed civil posse, and erected fortifications in the territory. "There was Fort Fairfield, Fort Kent, and I do not know what other fortresses," said Mr. Webster, "all memorable in history." The legislature of the State placed $800,000 at the disposition of the governor, to be used for military defense. Bills were passed by Congress authorizing the President to call out the militia for six months and to accept 50,000 volunteers, and placing at his order an extra credit of $10,000,000.2

Scott.

General Scott was dispatched to the scene Mediation of General of difficulty, but as a minister of peace rather than of war. Before the end of March 1839 he brought about an arrangement between the authorities of Maine and New Brunswick for the preservation of peace till the question of jurisdiction might be settled. He invited from the lieutenant-governor of New Brunswick a declaration to the effect that it was not the intention of his government, without renewed instructions from the home government, to seek to take military possession of the disputed territory, or to endeavor by military force to expel therefrom the armed civil posse or the troops of Maine. If such a declaration should be received, he intimated that the governor of Maine would declare (1) that it was not his intention, without renewed instructions from the legislature, to attempt by arms to disturb New Brunswick in the possession of the Madawaska settlements, or to attempt to interrupt the usual communications between that province and Her Britannic Majesty's upper provinces; (2) that he was willing, pending negotiations between the United States and Great Britain, to let the question of possession and jurisdiction remain as it stood-Great Britain in fact holding possession of one part of the territory, and Maine in fact holding possession of another part, while each denied the other's right of possession-and (3) that, with this understanding, he would withdraw the military forces of the State from the disputed territory, leaving, under a land agent, only a small civil posse, armed or unarmed, to protect the timber recently cut and to prevent future depredations. These declarations were mutually and promptly made.3

1 Webster's Works, V. 93.

25 Stats. at L. 355.

3 Scott's Autobiography, II. 331–351.

Mr. Webster's Mode of Procedure.

Such was the situation when Mr. Webster in March 1841 assumed charge of the Department of State. To him the disputed boundary was not a new question; and, though the two governments seemed to be committed to the plan of new surveys and new attempts to arbitrate, he desired to try a "shorter way." He intimated to the British minister at Washington that he was willing to attempt a settlement by direct negotiation; and early in the following year he learned, with surprise as well as with satisfaction, that the British Government had determined to send out Lord Ashburton as a special minister, with full powers to settle the boundary and all other questions in controversy between the two governments. Lord Ashburton arrived in Washington on the 4th of April 1842, and was presented to the President on the 6th."

Appointment of Lord
Ashburton.

Commissioners Appointed by Maine and Massachusetts.

In

Mr. Webster now set about obtaining the Ap- appointment of commissioners on the part of Massachusetts and Maine with full authority to represent those States at Washington." In the case of Massachussetts this was easily accomplished. The governor, who had already been invested by the legislature with powers sufficient for the purpose, appointed as commis sioners Abbott Lawrence, John Mills, and Charles Allen. Maine it was necessary to convene the legislature; and, in order that the matter might be properly conducted, Mr. Webster in May paid a visit to Boston, and through Jared Sparks, who went as his representative to Augusta, took counsel with the governor and leading members of the legislative assembly. The governor was invested with the necessary power, but in the resolution by which it was conferred the claim of the State to the disputed territory was reasserted; and it was declared that no concession made by Great Britain within that territory could be regarded as an equivalent for anything yielded

1 Curtis's Life of Webster, II. 2-3.

2 Webster's Private Correspondence, II. 102.

3 Webster's Works, VI. 270.

4 Webster's Private Correspondence, II. 113, 114, 120.

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7 Webster's Private Correspondence, II. 119; H. Ex. Doc. 2, 27 Cong. 3 sess. 61.

within it by Maine. These instructions, by excluding any compromise of the territorial claims of Maine, rendered it necessary to seek extrinsic compensation for anything that might be conceded within her asserted limits. The commissioners appointed on the part of Maine were William Pitt Preble, Edward Kavanagh, Edward Kent, and John Otis.'

The Maine commissioners arrived in Wash

Mr. Webster's Plan ington on the 12th of June, and those of

of Settlement.

Massachusetts on the 13th; and on the latter day Lord Ashburton addressed to Mr. Webster his first official note on the boundary. The negotiations and correspondence continued for some time without result. Lord Ashburton proposed that the St. John should, from its intersection by the line due north from the source of the St. Croix, form the boundary, except that the portion of the Madawaska settlement south of the river should remain with Great Britain. If this was conceded he was willing to yield the strip between the old line and the true line of the forty-fifth parallel, and to grant the privilege of floating timber down the St. John to its mouth free of duty. The Maine commissioners declined this offer, and proposed to follow the St. John to a point three miles above the mouth of the Madawaska, thence to draw a direct line along the latter river to Long Lake, and from the latter point to the entrance of the River St. Francis into Lake Pohenagamook, and then on to the highlands separating the waters of the River Du Loup from those of the St. Francis. On the 3d of July Mr. Webster thought that he was "not out of the woods on the boundary business." Indeed, the triangular discussion seemed to be in danger of drifting back into the old slough of geographical and historical controversy. To avert this calamity Mr. Webster abandoned written communications, and held with Lord Ashburton "full and frequent conferences." In a few days the question was practically settled; and on the 15th of July Mr. Webster communicated to the Maine commissioners the terms which he and Lord Ashburton thought eligible. Before the negotiations

Curtis's Life of Webster, II. 98-102; Webster's Private Correspondence, II. 128, 131. The legislature of New Hampshire passed a resolution requesting the Senators and Representatives of the State in Congress to take such measures as might be necessary to sustain its interests in the dispute. They submitted a statement to Mr. Webster. (H. Ex. Doc. 2, 27 Cong. 3 sess. 97.)

2 Webster's Private Correspondence, II. 135.

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