The promptness, decision, perseverance and ability with which the Governor has executed the request contained in the last resolve, merits the encomiums and approbation of the State. If further comment were necessary, the fact that all the information which had been so long, but unsuccessfully sought, was obtained, speaks a language more satisfactory to him and the State, than any thing we could add. As to the positions taken and maintained by the Governor, they must be in accordance with the views and common sense of the State, and we cannot present his discussions in a clearer or more acceptable light, than to request a fair, candid and impartial examination of them. With these remarks and without further comment, the correspondence between him and the government of the United States is annexed. Thus we have detailed at some length, the principal facts and circumstances touching the title and the extent of the title of the State to territory and jurisdiction, from which it appears, that our title is perfect to all the territory bounded by the southern line of the province of Lower Canada, to wit by the line drawn, from the head of Connecticut river, along the lands, which limit the sources of the rivers, that fall into the river St. Lawrence, to the head of the bay of Chaleurs, and westward of the line drawn due north from the source of the river St Croix to that line, being the line described and adopted by the British Government long before the revolution and being the lines which are also described and adopted by the provisional, and definitive treaties of peace. That the British government have always, directly and indirectly conceded our title, in all the negotiations and discussions on the subject prior to the discussions under the fifth article of the treaty of Ghent, and made no claim of title founded on any intrusion of theirs, the ministers, who sought it as a cession, not having urged or even stated the fact, except by way of allusion, and that Massachusetts and Maine have always exercised jurisdiction according to the title of Maine and have continued their progress of surveys, sales and settlements, and other acts, and that the United States have always exercised general jurisdiction and did in 1820 exercise acts of jurisdiction as far as there was any occasion for it :-That there was no reason, from any knowledge in possession of the United States, until very recently, and still more recently in possession of this State, more immediately interested, to suppose, that, if the British Government had crossed the above described lines, she would not, as soon as the lines were surveyed, withdraw and cease to commit like acts of intrusion; and it has also appeared from representations made by the British Minister to the Secretary of State, "that the Lieutenant Gov ernor of New Brunswick had given assurances that he would cautiously abstain from all acts of authority which could invite encroachments as a measure of retaliation." But notwithstanding all these facts circumstances and assurances, John Baker a citizen ef the State of Maine and the United States was arrested in his own dwelling house, situated on the land he purchased of, and holds by the deed from Massachusetts and Maine, on a warrant and other process served by the Sheriff of the county of York, accompanied by armed men and in the night time, at least before Baker had risen from his bed, and was carried to Frederickton and thrown into prison where he is now confined. Processes have also been served, within our territory, on the Aroostook, and the cattle and property of our citizens have been taken away by the civil officers of New Brunswick. Baker is charged among among other things, with an intrusion and trespass on the premises he holds under Massachusetts and Maine. When the Governor of this State had received notice that the sovereignty of the State, by the officer of the government of New Brunswick, had been violated, in the abduction and imprisonment of one of its citizens and other acts, he issued his proclamation, and commissioned an agent of the State to proceed to the province of New Brunswick, to enquire into the cause of the arrest and the other violations of the State sovereignty, and to demand of the Government of New Brunswick the restoration of Baker; all which will more fully appear in the documents annexed. The Governor has in this, with his usual promptness, discretion and ability performed his duty to the State and its citizens. The agent in prosecu tion of the object of his commission proceeded to Frederickton the capitol of New Brunswick, and notified the government of his arrival and official capacity. He was not received in his official capacity. From what cause that arose, whether from their own policy or their misconstruction of the power and authority of the Governor of this State, is not certain. It seems to us there would have been no objection to the recognition of the agent of this State, had his commission been only to demand a fugitive from justice, or that the Governor of New Brunswick would consider, that he was transcending his power, were he to send an agent to this State to demand a fugitive from his own government. Notwithstanding he was not received in an official character, we are happy to have it in our power to say, that he was politely received by the tlemen of the place. The object of his agency, therefore, so far as it related to the arrest and imprisonment of Baker, totally failed, as it did also in some other respects. His official capacity embraced two objects. gen STATE OF MAINE. A Resolve relating to the North-Eastern Boundary. Resolved, That the Governor be, and he hereby is requsted to transmit, a copy of the Report of the Committee, to whom was referred so much of his communication, made to the Legislature, as relates to the North Eastern Boundary of this State, to the President of the United States, to the Governor of each State in the Union, and two copies to each of our Senators and Representatives in Congress, and each of our fo-reign Ambassadors; and that one hundred and fifty copies be at the disposal of the Governor. IN THE HOUSE OF REPRESENTATIVES, Feb. 16, 1828. JOHN RUGGLES, Speaker. Attest-JAMES L. CHILD, Clerk. IN SENATE, Feb. 18, 1828. Read and passed. ROBERT P. DUNLAP, President. Attest-EBENEZER HUTCHINSON, Secretary. February 18, 1828........ Approved. ENOCH LINCOLN. ERRATA. Page 5-Insert in the 22d line from the top, the word CANNOT, between the words connexion and be. Page 8.-In the 13th line from the bottom, dele 6 and insert 5, so that it will read 1535 instead of 1635. Page 13.-Note at the bottom, dele 7, 8, 9, and read 8, 9, 10. Page 18. Before the word in, at the commencement of the top line, insert the word ON. Page 20.-In the 16th line from the bottom dele treaty was and insert TREATIES WERE; and at the end of the same line, dele it was and insert THEY WERE. In the 8th line from the bottom, after the word prescribed read, TO THE EASTERN PART OF THE UNITED STATES. At the end of the 16th line from the top, after the word the, read, ANGLE. Page 36.-In the 12th line from the bottom after the word latitude, read, DUE WEST BY A LINE ON SAID LATITUDE. Pages 46 and 47.-In all places where the word Oroostook occurs, read, AROOSTOOK. STATE OF MAINE. A Resolve in relation to aggressions upon the North-Eastern Frontier of the State. Whereas the sovereignty of this State has been repeatedly violated by the acts of the agents and officers of the Government of the British Province of New Brunswick, and that government, by its agents and officers, has wantonly and injuriously harrassed the citizens of this State, residing on the North Eastern frontier of the same, and within its limits, by assuming to exercise jurisdiction over them, in issuing and executing civil and criminal process against them, by which their property has been seized, and some of them arrested and conveyed out of the State, and subjected to the operation of the laws of that Province; in establishing military companies within the Territory of this State; imposing fines for neglect of military duty; imposing upon our said citizens an alien tax, and requiring payment of the same; and Whereas, by the exercise of the aforesaid unwarranted acts of jurisdiction by the government of the said Province, some of our citizens have been deprived of their liberty, their property destroyed, many of them driven from their lands and dwellings, the tranquility and peace of all of them disturbed, and the settlement and population of that part of the State adjoining said Province, greatly retarded, if not wholly prevented: Therefore, Resolved, That the present is a crisis, in which the government and people of this State, have good cause to look to the government of the United States for defence and protection against foreign aggression. Resolved further, That if new aggressions shall be made by the government of the Province of New-Brunswick upon the territory of this State, and upon its citizens, and seasonable protection shall not be given by the United States, the Governor be, and he hereby is requested to use all proper and constitutional means in his power, to protect and defend the citizens aforesaid in the enjoyment of their rights. Resolved further, That, in the opinion of this Legislature, the Executive of the United States ought, without delay, to demand of the British Government the immediate restoration of John Baker, a citizen of this State, who has been seized by the officers of the Province of New-Brunswick, within the territory of the State of Maine, and by them conveyed to Fredericton, in said Province, where he is now confined in prison; and to take such measures as will effect his early release. Resolved further, That the Governor be, and he hereby is, authorized and requested, with the advice and consent of Council, from time to time, to extend to the family of the said John Baker, such relief as shall be deemed necessary; and he is hereby authorized to draw his warrant on the Treasury for such sum or sums as shall be required for that purpose. In the House of Representatives, Feb. 16, 1828, Attest, JAMES L. CHILD, Clerk. In Senate, February 18, 1828. ROBERT P. DUNLAP, President. Attest, EBENEZER HUTCHINSON, Sec'ry. ENOCH LINCOLN. |