pared; the day for its delivery arrives; and not a single syllable dare the Representative of Great Britain articulate on any one point, -no fallacies can he refute-no truth assert-no enemy confute-no friend confirm or secure. Washington, the President, the North-east Boundary, the Award, and the British Chargé d'affaires, are as completely forgotten in Downing Street, as if Columbus or Canning had never lived,—as if another hemisphere had never been discovered; nor a New World called into existence.

PART III.

OUTRAGES COMMITTED BY SUBJECTS AND SUBORDINATE
AUTHORITIES OF THE UNITED STATES AGAINST THE
RIGHTS OF THE BRITISH CROWN.

"AN ENGLISH MINISTER WOULD BE UNWORTHY OF HIS OFFICE, WHO SHOULD SEE ANOTHER STATE SWALLOWING UP TERRITORIES IN THE NEIGHBOURHOOD OF BRITISH COLONIES, AND NOT STRIVE BY ALL JUST MEANS TO AVERT THE DANGER."—Channing on the Texas,

tions of Maine.

The dispositions of the State of Maine being well known; the Known disposiviolence of its population having been already experienced; it was to be expected that a decision of the question would lead to commotion and aggression, and that outrages would be resorted to, as a means of preventing its adjustment. In this view, too clear not to have been taken; with these consequences, too evident not to have been anticipated; the hands of the Colonial Government of Great Britain ought to have been fortified by increased military means, and a firm and announced determination to resist all attempts at disturbance.

But, as the English Government had not called upon the United States to proceed to the execution of the Award,—the hopes of Maine may be imagined, and its acts anticipated. We pass therefore, naturally, (as from cause to effect), to the announcement: -" ATTEMPT OF THE AUTHORITIES OF THE STATE OF MAINE “TO EXERCISE JURISDICTION* WITHIN THE DISPUTED TERRITORY, thority. "OCTOBER AND NOVEMBER, 1831."

Sir A. Campbell to Charles Bankhead, Esq.

"Sir, "Fredericton, New Brunswick, September 13, 1831. "I have the honour to inclose, for your information, some documents from Lieut. Maclauchlan, at present in charge of the boundary line between the United States and

The words "exercise jurisdiction" are not applicable to the fact. The attempt made was to annex the territory to Maine. Jurisdiction has reference to the administration of justice, which was in no case attempted. It was attempted to institute State Government, and to seduce British subjects from their allegiance.

To outrages committed by its au

Outrages of Maine excused by the General Government.

this province, by which you will perceive that the authorities of the State of Maine have actually taken possession of part of the territory now in dispute between the British and American Governments.

"I cannot believe for a moment that these proceedings, so lamentably calculated to interrupt and destroy the peace and harmony existing between the two countries, can be sanctioned or approved of by the American Government; and I am sure you will therefore feel it to be your duty to call at once upon the American Government to put a stop to measures of so dangerous a tendency; measures, which, if persevered in, must infallibly lead to consequences the most prejudicial and injurious to both countries. "I have the honour to be, &c. "ARCHIBALD CAMPBELL,

"Charles Bankhead, Esq.

&c. &c. &c.

(Signed)

"Lieut.-Governor."

The argumentative character of this letter is remarkable. All the agents and authorities of Great Britain seem to be individuals left to reflect, to act, and to shift for themselves.

Mr. Bankhead, in addressing Lord Palmerston on this subject, makes the following observations :—

"As this proceeding was so much at variance with the spirit of forbearance inculcated by the President in his despatch to the Governor of Maine, at the period of the receipt of the decision of the King of the Netherlands, in this country, and one so likely to produce unfriendly feelings between the respective parties, I lost no time in submitting the complaint of General Campbell to the Government of the United States; and I trust that such a communication will be made to the Authorities of Maine, as shall prevent the recurence of such irregularities until the question of disputed Territory shall be finally settled.

"The General Government is most anxious to avoid the slightest collision between the State of Maine and His Majesty's provincial officers; and Mr. Livingston expressed his regret that any occasion had been afforded by the State of Maine, to embarrass the harmony and good-will subsisting between the two countries."

Mr. Livingston's regret was superfluous- not the slightest embarrassment disturbed the harmony-not the faintest shadow overcast the good-will subsisting between the two countries, through this or any other " occasion" furnished by the State of Maine.

In reply to a timid remonstrance from Mr. Bankhead, the American Secretary writes as follows:

"The Honorable Edward Livingston to Charles Bankhead, Esq. "(Extract.)

"Department of State, Washington, October 17, 1831. "Immediately after receiving your note of the 1st instant, I wrote to the Governor of the State of Maine for information on the subject of it. I have just received his answer, of which I have the honour to inclose two extracts. By the first you will perceive that the election of town officers in the settlement of Madawaska, of which com

plaint was made in the papers inclosed in your letter, were made under colour of a general law, which was not intended by either the executive or legislative authority of that State to be executed in that settlement; and that the whole was the work of inconsiderate individuals."

It is in proof, that they were authorised by the State.

"It is therefore of no avail, and can have no more effect than if the same number of men had met at Madawaska, and declared themselves duly elected members of the British Parliament. The Act interferes with no right, it comes in actual collision with no established power:-not so the punishment of the individuals concerned. This is at once a practical decision of the question, may lead to retaliatory legal measures, or what is worse, to illegal violence; for if the Lieutenant-Governor of New Brunswick feels himself obliged, as he says he does, to enforce the authority of the laws within what he thinks the boundaries of his province, will not the same feeling excite the Governor of Maire, under the same sense of duty, to pursue the like measures? And thus the fruits of moderation and mutual forbearance during so long a period, will be lost for the want of a perseverance in them, for the short time that is now wanting to bring the controversy to an amicable close. It is therefore, Sir, that I invite your interposition with His Excellency the Lieut.-Governor of New Brunswick to induce him to set at liberty the persons arrested, on their engagement to make no change in the state of things until the business shall be finally decided between the two Governments."

Outrages advocated by the United

ment.

This is treating the British Minister as a child. The deliberate and official act of the State of Maine is asserted not to have States Governbeen intended: the violation of the British jurisdiction is asserted not to be sanctioned; and thence the double inference is drawn, that the violators are innocent, and that punishment inflicted upon them would legalize retaliatory measures. The United States' Government do not, however, conceive their imprisonment to be illegal, but, out of a kindly regard to both parties, request their release as a favour; and counsel the British Crown to obtain from the prisoners a guarantee for its future security, before releasing them from gaol.

EXTRACT OF SUB-INCLOSURE.

"The measure (says the Governor of Maine) that is said to have been adopted by the inhabitants of that territory, of voluntarily organizing themselves into a corporation, was unexpected by me, and done without my knowledge."

A falsehood, as may be seen by Mr. Livingston's own note. The public acts of the State of Maine, authorizing and ordering the proceedings, are to be found, Papers (B) page 10.

(Second Extract.)

"A copy of this letter from Messrs. Wheelock and Savage is herewith transmitted, by which it further appears that they, together with several other citizens of this State,

K

Advocacy admit

have been arrested by the British authorities, and transported towards Fredericton for the purpose of being there imprisoned. They were arrested within the territory of this State and of the United States, and, as citizens of the United States, now claim the aid and protection of their Government and country."

"The territory of this State and of the United States," refers to the disputed Territory.

On receiving this note from the American Secretary, putting the remaining absurdities out of the question, the British Minister had but one course to pursue in regard to this inclosure; which was to refuse to hold any diplomatic intercourse with the American Government, while it used, or suffered officially to be used, the designation of " territory of Maine," or territory of the United States," as applied to the territory in dispute: by suffering this falsification of language, all that was contended for, was given away.

66

On this, Mr. Bankhead writes to Lord Palmerston :

"Washington, October 21, 1831. "I have great satisfaction in acquainting your Lordship, that the language held by the General Government, upon this subject, has been of the most friendly nature.”

And further:

"I have ventured to submit to his (Sir Archibald Campbell's early consideration, ted by the British the motives which the American Secretary of State brings forward in favour of the release of the persons at present in custody at Fredericton.

Minister.

New outrages.

Violators captured.

"I venture to hope that my conduct upon this occasion will not be disapproved of by His Majesty's Government."

But, before the arrival at Fredericton of these satisfactory assurances, and conclusive "motives,"- -new events had occurred.

"(Extract.)

Sir A. Campbell to Charles Bankhead, Esq.

"Fredericton, October 4, 1831. "Since I had the honour of addressing you on the 13th ult., relative to the extraordinary proceedings of certain agents of the State of Maine in that part of the disputed territory called Madawaska, further and more serious aggressions than those therein mentioned have taken place, for the avowed purpose of usurping the sovereignty of a large portion of His Majesty's dominions on both sides of the River St. John.

"The enclosed documents will clearly shew the alarming extent of these aggressions on our territory by the presumed agents of the neighbouring State; together with the legal measures which we have, in consequence, been compelled to adopt, in order to make the jurisdiction of our laws be respected by all classes throughout this province."