shall trouble you with a brief comment in regard to it. It rests upon the idea before suggested that Maine, with Massachusetts, has a perfect title in the disputed territory, and that the former State, has a vested, indefeazible jurisdictional control over it, the exercise of which it may irresponsibly apply. It is a proposition which has been demonstrated by yourself so clearly, as to have commanded general respect, that the abstraction of the territory of the United States, cannot be made by the treaty making or executive power. Much more then must the domain of a State within its acknowledged limits be sacred, and much more and more is it evident, that neither department of the federal government, nor all, can be the exclusive and final arbiter as to the ascertainment of a boundary already established in description; because, if one department, or all, have this power, they may ascertain the line falsely, indirectly cede our State, converting it into a British dependency, and thus by the arguments, I had the invaluable satisfaction of hearing applied in another case, violate the constitution. If, therefore, the committee have fallen into error, it has not been in the principle of their judgment as to the rights of this State abstractly considered; but in their view of the extent of our territory and of the application of our authority over it. They in fact substantially assert that the treaty of 1783, in connexion with original grants, and subsequent and correlative circumstances, established and defined our bounds, so as to preclude just complaint of our public acts within the scope of those legitimate powers, which at the discretion of the State, it may, within those bounds, any where apply. The doctrine of the committee can only be refuted by proving that the national authority is exclusive as to the adjustment of our exterior boundary; but let it be recollected that the present case only admits the ascertainment of a line by a rule prescribed, and not the creation of one arbitrarily, or in other words, by arbitrament. A right was vested in a third party before the Union existed, and has been confirmed by it since. In short, the committee, it is believed, may be considered as claiming such respect as may be attached to those who have truly exhibited the sentiments of this community. Anxious, as in my situation, I cannot avoid being, for the preservation, during my continuance in office and always after, of the rights of the State, I must express my alarm at a portion of Mr. Gallatin's letter. He says, 'an umpire, whether a King or farmer, rarely decides on strict principles of law ;—he has always a bias to try if possible to split the difference,' &c.; and yet I am informed that there has been in progress an arrange ment of the preliminary points, for constituting such an umpire, I cannot but hope that no arrangement will be effected, which will endanger the half from the mere circumstance of a wrongful claim to the whole, under the pitiful weakness which is liable to split the difference between right and wrong. Let me add, in this particular part of my letter, most respectfully, but solemnly, the sentiment, that Maine is bound to claim at the hands of the federal government, the protection of the integrity of her territory, the defence of her sovereignty, and the guardianship of her State rights. She is called upon to urge this that she may be rather permitted to rest on the parental care of the Union than driven to any independent agency, in any form, in relation to this concern. That you may not be surprised that the State, after having fruitlessly sought information should have determined on its course without it, give me leave to say that while she cannot be presumed to be informed in all particulars, as to the relations of a deeply interesting character in which she is placed, she is called upon to judge as to others, and is not without the premises necessary to correct conclusions. Whatever intelligence she might have been permitted to receive as to her relative situation, she would, as she will hereafter, cheerfully co-operate with the general government to prevent an assumption of our territory, to whatever extent, by the King of Great Britain. In executing the Resolve of the Legislature it will be convenient to me to possess a schedule of those documents which may be communicated. I will, therefore, hope the favor of being furnished with such an index for the direction of my inquiries. NO. 17. Letter from the Secretary of State of the United States, to the Governor of Maine. Washington, 7th May, 1827. SIR: I have the honor to acknowledge the receipt of your Excellency's letter of the 18th ultimo, and to inform you that I have submitted it to the President. The solicitude which is felt by your Excellency and the Legislature of Maine, in regard to the settlement of our North eastern boundary, so interesting to that State, and so important to the whole Union, is perfectly natural, and justly appreciated by the President. And he is entirely disposed to communicate any information in the possession of the Executive of the United States on that subject, which can, in his opinion, be communicated without the danger of public detriment. Accordingly, when, at the session of Congress before the last, an application was made at this Department, by the Senators from Maine, for copies of all the papers, maps, and other documents reported by the Commissioners, who were appointed under the fifth article of the Treaty of Ghent, it was stated to those gentlemen, that the copies would be furnished whenever requested, with the exception of the reports and arguments of the Commissioners, transcripts from which, considering their peculiar character, in the then state of the question, the President did not think it expedient to allow to be taken. The Senators from Maine availed themselves of the permission, and obtained copies of some of the maps. Copies of all the papers reported by the Commissioners, which are very voluminous, would require the services of two or three copyists for many weeks; but the labor of preparing them would be cheerfully encountered for the accommodation of the State of Maine. The negotiation with Great Britain is still pending, but there is reason to expect that it will soon be brought to some conclusion; perhaps in a shorter time than would be requisite to copy and transmit the papers reported by the Commissioners, to your Excellency. The President continues to think, that the public interest requires, that the communication of transcripts of the reports and arguments of the Commissioners, even under the limitation proposed by your Excellency, should be postponed for the present, and until it can be made without the risk of any injurious effect upon the state of the negotiation. Your Excellency's experience in public affairs, will enable you to make a just estimate of the reserve and delicacy which ought to be observed in all negotiations with foreign powers, involving subjects of deep national interest. This consideration has such weight, that it is the uniform practice of Congress, as no one knows better than your Excellency, to annex a qualification to the calls which are from time to time made, for papers relating to the Foreign negotiations of the Government. There would not be the smallest objection to an exhibition to the inspection of your Excellency, or confidentially, to any person that you might think proper to designate, of all the papers, without exception, reported by the Commissioners. I abstain from a particular notice of many of the topics of your Excellency's letter, not from the least want of respect, (on the contrary I entertain the highest, personally and officially,) for your Excellency, but from a persuasion that the discussion of them is without utility. It has been thought most profitable to limit my answer to the specific requests contained in your letter. I transmit, herewith, in conformity with your wish, a list of the papers reported by the Commissioners, copies of any of which may be procured, for the use of the State of Maine, whenever desired, with the exception which has been stated. Vol. I. Vol. II. NO. 18. A List of Books, papers, &c. relative to the 5th Article of the Treaty of Ghent. BOOKS. Journal of Commission. Contains, Claim of the agent of the United States. Vol. III. First. memorial concerning the Northwest angle of Nova Scotia, and the Northwesternmost head of Connecticut River, &c. By the agent of H. B. Majesty. Second, Memorial concerning same. By same. Answers of Agents. Contains, A reply to the Memorial of the Agent of the United States, filed 8th June, 1821, exhibiting the line of the boundary of the United States from the source of the River St. Croix, to the Iroquios or Cataraguy. Answer of the Agent United States to the claim and opening argument of the Agent of H. B. Majesty. Read, August 10th, 1821. Vol. IV. Replies of the Agents. Contains, The Reply of the Agent of the United States to the answers of the Agent of H. B. Majesty to the claim By the Agent of H. B. Majesty. Vol. V. General Appendix. Contains, Reports of the Surveyors and Astronomers, and Appendix to British Agent's Reply. (Duplicate) Report of Commissioner C. P. Van Ness. Report of the Commissioner of H. B. Majesty, NO. 19. INDEX. Numbers referred to in the U. S. arguments. Numbers referred in the St.} 1 1. Mr. Johnson's survey of the Line North from the St. 2. Col. Bouchett's survey of the same Line, 1817. 4. Mr. Odell's further survey of the North Line. 6. Survey of the Restook section of the same, and of? of } H. 5 7. Mr. Odell's survey of the Restook with a sketch of) 8. Mr. Hunter's survey of the Allaguash River. 9. 66 " 66 of the Penobscot, First Part. 66 of the Penobscot, Second Part. 6 7 8 B. 12. Doc. Tiark's survey of Connecticut River and its A. 13. Mr. Burnham's survey of Memkeswee, Green Riv- |