ere passed and approved, which have been forarded to the President, which appear to me to nfer all the authority necessary, and were unubtedly designed by the Legislature to meet this mergency. This wise provision will, I trust, sursede all occasion for reassembling the Legislare, as the Governor and Council have authority act in the matter in any way that the interests id honor of the Commonwealth demand. There ill be a meeting of the Council, by appointment, the 25th of May, which, if Maine can only move ter legislation is had, will be sufficiently seanable for all practicable purposes, when the subet will be laid before thein, and there can be lite doubt that they will acquiesce in the propriety sending a commissioner to represent the State i a matter of such decided importance.

If this movement on the part of Great Britain is dicative, as it seems to me it is, of a settled purose to close the controversy, and she is prepared give satisfactory equivalents for the concession f territory sufficient to answer her purposes, then le division of such an equivalent or equivalents etween Maine and Massachusetts will become an mportant question; but it should in no particular e left for future discussion or decision, by Conress or any other body, but should be definitively djusted in the general arrangement, that each State aay know the exact measure of its rights.

You will learn, also, from these resolutions, the isposition of the State to bring this question to an sue, in any manner consistent with her honor, inerest, and dignity. The opinions conveyed in hem, as far as I know, were unanimous, and indiate the tone of public sentiment. The people of Massachusetts are not disposed to yield anything to njust pretension. Not a particle of doubt is enterained, by any one, that the treaty line of 1783 may be as certainly identified as Mar's Hill; and the northwest angle of Nova Scotia as certainly estabished by the description in the treaty, as the meridan of Quebec. We all feel that no doubt can exst that there are highlands which divide the waters. hat flow into the St. Lawrence and the sea; and hat a line due north can be run from the monument to the dividing summit. These are matters hat no one can feel any hesitation about, and ence there is but one opinion in Massachusetts. While, therefore, we cannot listen to a claim upon what we know to be our own, we can, in the spirit f peace and accommodation, yield something to he convenience of a neighbor, by agreement. This , without shade of coloring, the sentiment of Masachusetts. She will, on honorable terms, concede omething to the convenience and necessity of Great Britain; but nothing--not a rood of barren eath or rock-to unfounded claims. If an earlier ay than the 25th of May shall prove desirable, the Council can be summoned.

I have the honor to be your obedient servant,
JOHN DAVIS.

To the SECRETARY OF STATE.

Mr. Webster to Gov. Davis,

DEPARTMENT OF STATE, Washington, April 16, 1842. SIB: I have the honor to acknowledge the receipt, rom your Excellency, of certain resolves concernng the Northeastern boundary of the United States, assed by the Legislature of Massachusetts on the Ed day of March last.

As those resolves appear to recognise the proriety of endeavoring to fix upon a line by comromise, with the assent of Maine and Massachuetts; and as they authorize your Excellency, with dvice of Council, to adopt such measures to seure the rights and interests of the Commonwealth of Massachusetts as the emergency may demand, t appears to me that they are a sufficient warrant or such proceedings as you may see fit to adopt, n order to gain the assent of the Commonwealth o any line of boundary which may be just and equitable, and upon which the parties may be likely Coagree. If your Excellency should take this view of the subject, a call of the Legislature would of Course be unnecessary.

I have the honor to be, &c.,
DANIEL WEBSTER.

His Excellency JOHN DAVIS,

Governor of Massachusetts.

Gov. Davis to Mr. Webster. EXECUTIVE DEPARTMENT, Worcester, April 27, 1842. SIR: Since I last addressed you, I have received

your favor of the 16th instant, by which it appears the resolutions of the Legislature of this Common-1 wealth have reached you. These resolves, respecting the Northeastern boundary, were adopted to meet the contingency which has occurred, and to avoid any necessity for reassembling the Legislature on this account. As soon as it became certain that a special envoy was to be despatched hither by the Queen of the United Kingdoms, it was apparent to me that be would be authorized to propose a conventional line, as this is manifestly the only alternative short of acceding to the treaty line of 1783. When the subject was brought to the attention of the Legislature, it seemed to entertain similar views, and with great harmony of opinion provided, as well as the state of things, which was then wholly conjectural, would enable them.

The Council will meet on the 25th of May for the regular despatch of business, when their attention will be invited to the expediency of consenting to the appointment of an agent or agents to represent the State.

I have the honor to be,

Your obedient servant,

J. DAVIS. The SECRETARY OF STATE for the United States.

The Governor of Maine to the President. EXECUTIVE DEPARTMENT, Augusta, May 27, 1842. SIR: I have the honor to enclose a copy of preamble and resolutions adopted by the Legislature of this State, relating to the subject of the northern and northeastern boundaries of Maine; and also to inform you that the Hon. Edward Kavanagh, Hon. Edward Kent, Hon. William H. Preble, and Hon. John Otis, have been elected commissioners under said resolves.

Most respectfully,

Your obedient servant,
JOHN FAIRFIELD.

His Excellency JOHN TYLER,
President of the United States, Washington.

STATE OF MAINE.

The joint select committee of both houses of the Legislature, to which was referred the Governor's message of the 18th instant, with the accompanying communication from the Secretary of State of the United States, have had the same under consideration, and ask leave to report the following preamble and resolutions.

EDWARD KAVANAGH, Chairman. COMMITTEE ROOM, 20th May, 1842. Resolves in relation to the Northeastern boundary of this State.

Whereas the preceding Legislatures of this State, in conformity with the well-settled conviction of all the people thereof, and with incontrovertible evidence before them on the subject, have uniformly declared that the boundary of Maine, on its Northern and Northeastern frontiers, as designated in the treaty of 1783, can be laid down and fixed according to the terms of that treaty; and that such line embraces all the territory over which this State claims property, sovereignty, and jurisdiction; and the Executive and Congress of the United States having recognised the validity of that claim in its full extent, this Legislature renews such declarations in the most solemn manner: and

Whereas, for a series of years, every attempt to adjust the vexed question in regard to the establishment of said boundary having proved ineffectual, it has been represented to the Government of this State that the minister plenipotentiary and special of her Britannic Majesty at Washington, has officially announced to the Government of the United States that he has authority to treat for a conventional line, or line by agreement, on such terms and conditions, and with such considerations and equivalents, as may be thought just and equitable; and that he is ready to enter upon a negotiation for such conventional line as soon as the Government of the United States shall say that it is authorized and ready, on its part, to commence such negotiation: and

Whereas the Government of the United States, not possessing the constitutional power to conclude any such negotiation without the assent of Maine, has invited the Government of this State to cooperate to a certain extent, and in a certain fo m, in an endeavor to terminate a controversy of so long duration:

Now, considering the premises, and believing that the people of this State, after having already

manifested a forbearance honorable to their character, under long-continued violations of their rights by a foreign nation; and, though not disposed to yield to unfounded pretensions, are still willing, in regard to the proposal now made to the General Government to give additional evidence to their fellowcitizens, throughout the United States, of their desire to preserve the peace of this Union, by taking measures to discuss and conclude, if possible, the subject in controversy in a manner that will secure the honor and interests of the State, this Legislature adopts the following resolutions-with the understanding, however, that in the event of a failure in such endeavor towards an arrangement, no proceedings thereunder shall be so construed as to prejudice in any manner the rights of the State as they have been herein asserted to exist:

Resolved, That there shall be chosen, by ballot, in convention of both branches of the Legislature, four persons, who are hereby constituted and appointed commissioners, on the part of this State, to repair to the seat of Government of the United States, and to confer with the authorities of that Government touching a conventional line, or line by agreement, between the State of Maine and the British provinces, having regard to the line designated by the treaty of 1783, as uniformly claimed by this State, and to the declarations and views expressed in the foregoing preamble, and to give the assent of this State to any such conventional line, with such terms, conditions, considerations, and equivalents, as they shall deem consistent with the honor and interests of the State; with the understanding that no such line be agreed upon without the unanimous assent of such commissioners.

Resolved, That this State cannot regard the relinquishment by the British Government of any claim heretofore advanced by it to territory included within the limits of the line of this State as designated by the treaty of 1783, and uniformly claimed by Maine, as a consideration or equivalent within the meaning of these resolutions.

Resolved, That the said commissioners be furnished by the Governor with evidence of their appointment, under the seal of the State.

Resolved, That the Governor, by and with the advice and consent of the Conncil, have power to fill any vacancy that may occur in said commission, by death, resignation, or otherwise.

Resolved, That the said commissioners make return of their doings herein to the Governor, to be by him presented to the Legislature at its next

The Maine Commissioners to Mr. Webster. FULLER'S HOTEL, WASHINGTON, June 12, 1842. The commissioners of Maine, on the subject of the Northeastern boundary, present their respectful compliments to the honorable Mr. Webster, Secretary of State of the United States, and beg leave to inform him that they are now in this city, ready to enter upon the business intrusted to them. They also avail themselves of the occasion to request him to name the time and place when and where it would suit the convenience of the Secretary of State to receive them.

Mr. Webster to the Maine Commissioners. PRESIDENT'S SQUARE, June 12, 1842. Mr. Webster has the honor to acknowledge the receipt of the note of the commissioners of Maine, announcing their arrival, and their readiness to enter on the business of their appointment.

Mr. W. will have great pleasure in receiving

the commissioners at the Department of State, on Monday, at 1 o'clock.

Commissioners of Massachusetts to Mr. Webster.

WASHINGTON, June 13, 1842. SIR: The undersigned, commissioners appointed by the State of Massachusetts to confer with the Government of the United States upon a conventional line to be established on our Northeastern boundary, are ready to proceed in the execution of their commission whenever the Secretary may signify his wish to meet them. Our colleague (Mr. Allen) will probably be here to-morrow.

We have the honor to remain, with the highest respect, your obedient servants,

ABBOTT LAWRENCE,
JOHN MILLS.

Hon. DANIEL WEBSTER, Secretary of State.

Mr. Webster to the Commissioners of Massachusells. DEPARTMENT OF STATE,

Washington, June 13, 1842. The undersigned has the honor to acknowledge the receipt of the communication addressed to him this day by Messrs. Lawrence and Mills, commissioners of the Commonwealth of Massachusetts. He will be happy to see these gentlemen at this department at past 1 o'clock, p. m., to-day.

DANIEL WEBSTER.

Messrs. LAWRENCE and MILLS,

Commissioners of the Commonwealth

of Massachusetts.

The Maine Commissioners to Mr. Webster.
WASHINGTON, June 29, 1842.

SIR: The undersigned, commissioners of Maine, have given to the letter of Lord Ashburton, addressed to you, under date of the 21st instant, and by you communicated to them, all the consideration which the importance of the subject of which it treats, the views it expresses, and the proposition it submits to you, demand.

There are passages in his Lordship's communication, the exact extent of the meaning of which the undersigned are not quite sure that they fully understand.

In speaking of the inhabitants on the south side of the St. John, in the Madawaska settlement, he says: "I cannot, in any case, abandon the obvious interest of these people." Again, in speaking of the proposition submitted by him, he remarks: " have not treated the subject in the ordinary form of a bargain, where the party making the proposal leaves himself something to give up. The case would not admit of this, even if I could bring myself so to act."

If his Lordship's meaning is, that the proposed boundary, by agreement or conventional line, between the State of Maine and the Province of New Brunswick, must, at all events, be established on the south side of the St. John, extending from the due-north line to Fish river, and at a distance back from the river, so as to include the Madawaska settlement, and that the adoption of such a line is a sine qua non on the part of the British Government, the commissioners on the part of the State of Maine feel it their duty as distinctly to say that any attempt at an amicable adjustinent of the controversy respecting the Northeastern boundary on that basis, with the consent of Maine, would be entirely fruitless.

The people of Maine have a deep settled conviction and the fullest confidence in the justice of their claim, to its utmost extent; yet, being appealed to as a constituent member of the American Union, and called upon, as such, to yield something in a spirit of patriotism for the common good, and to listen, in a spirit of peace, of accommodation, and good neighborhood, to propositions for an amicable settlement of the exist ing controversy, they have cheerfully and promptly responded to the appeal. Her Governor and Legislature, in good faith, immediately adopted the measures necessary on her part, with a view to relinquish to Great Britain such portion of territory and jurisdiction as might be needed by her for her accommodation, on such terms and for such equivalents as might be mutually satisfactory. Beyond this, nothing more was supposed to be expected or desired. During the negotiations at Ghent, the British commissioners, in a communication to the American commissioners, dated October 8, 1814, distinctly avow that the British Government never required all that portion of Massachusetts intervening between the province of

New Brunswick and Quebec should be ceded to Great Britain, but only that small portion of unsettled country which intercepts the communication between Halifax and Quebec. So his Lordship, in his communication, admits that the reasons which have induced the British Government to maintain their rights ("claim") in this controversy are, "the establishing a good boundary between our two countries so as to prevent collisions and dispute, and an unobstructed communication and connexion of our colonies with each other." Again: looking, as he says, on the map, for such a boundary, "with reference to the sole object of Great Britain as already described, the line of the St. John, from where the north line from the St. Croix strikes it, up to some one of its sources, seems evidently to suit both parties," &c. Indeed, the portion of territory which Great Britain needs for her accommodation is so perfectly obvious, that no material difference of opinion, it is believed, has ever been expressed on the subject. It is that portion which lies north of the St. John and east of the Madawaska rivers, with a strip of con venient width on the west side of the latter river, and of the lake from which it issues.

Sent here, then, under this state of things, and with these views, by the Legislature of Maine, in a spirit of peace and conciliation, her commissioners were surprised and pained to be repelled as it were, in the outset, by such a proposition as his Lordship has submitted to you. On carefully analyzing it, it will be seen that, in addition to all the territory needed by Great Britain for her accommodation, as stated and admitted by her own authorities and agents, it requires that Maine should further yield a valuable territory, of more than fifty miles in extent, lying along the south side of the St. John, extending from the due-north line westerly to Fish river, and so back from the river St. John, as it is understood, to the Eagle lakes, and probably to the Little Madawaska and Aroostook. Speaking of this branch of the proposition, his Lordship treats it merely as "depart ing to this inconsiderable extent from the marked line of the river St. John." His Lordship does not state how much further up the river he contemplates going. His language implies that the distance to Fish river, although over fifty miles, is only an inconsiderable part of the whole extent contemplated. This part of the proposition, then, would seem to imply a relinquishment also, on the part of Maine, of a large portion of her territory north of the St. John and west of the Madawaska rivers. In this view of the case, it is due to the Governor, and Legislature, and people of Maine, to say that they had not expected such a proposition. If they had, nothing is hazarded in saying no commissioners would have been sent here to receive and consider it. And, in this state of things, it becomes a bounden duty, on the part of the undersigned, to say to you, that if the yielding and relinquishing, on the part of the State of Maine, of any portion of territory, however small, on the south side of the St. John, be with her Britannic Majesty's Government a sine qua non to an amicable settlement of the boundary of Maine, the mission of the commissioners of Maine is ended. They came not to throw obstacles in the way to the successful accomplishment of the great work you have on hand-that of consolidating an honorable peace between two great nations; but, on the contrary, they came prepared to yield much, to sacrifice much, on the part of Maine, to the peace of the Union and the interest of her sister States. If the hopes of the people of Maine and of the United States are to be disappointed, it is believed the fault lies not at the door of the Governor or Legislature of Maine, or of her commissioners.

At the date of the earliest maps of that country, the river now called the Madawaska had not acquired a distinctive name; and consequently the source of that river was regarded as one of the sources, if not the principal source, of the St. John. On looking at the map, it will at once be seen that the general course of the St. John and Madawaska, from the mouth of the former to the source of the latter, are one and the same. As connected with this fact, we find that at least five different maps, published in London in the years 1765, 1769, 1771, 1774, and 1775, place the northwest angle of Nova Scotia on the highlands at the source of that branch of the St. John, then without distinctive appellation, but now known as the Madawaska,

One of the e five is specially quoted in the repu of the committee of Congress of the 16th Augu 1782, so often referred to in this controversy. no map of a date prior to the treaty of 1783, it believed, is the northwest angle of Nova Scot placed on the highlands at the source of any brand whatever of the St. John, but the Madawask Hence the proposition of the American comm sioners, in 1782, in discussing the subject of th boundaries of the United States, to begin at the northwest angle of Nova Scotia, on the highlan at the source of the St. John. Respect for the di tinguished men who negotiated the treaty of pezo of 1783, would induce the undersigned to rene the proposition, so far as regards adopting the Ma awaska as a boundary, were it not that, being pr pared to yield all that is needed for the accomm dation of Great Britain, they are aware that a stri on the west side of that river is necessary to the object. The particular map quoted in the repo above mentioned is that of Emanuel Bowen, geog rapher to the King, published in 1775, in which ta Penobscot, and a line drawn from one of its sources crossing the St. John, to the source of that brand now called the Madawaska, are distinctly la down as the western boundary of Nova Scotia So in all the maps which place the northwest angh of Nova Scotia on the highlands at the source o the St. John, those highlands and that source an on the north side of the Walloostook, which is now known to be the main branch of the St. Jor The inference or assumption, then, that it was no the intention of the commissioners who negotiated the treaty of peace that any portion of the valley cr waters of the St. John should be included withi the limits of the United States, because the Ameri can negotiators of that treaty proposed the northwest angle of Nova Scotia, on the highlands * the source of the St. John, as the place of beginning, in establishing the boundaries of the Unit States, is, it is believed, wholly unwarranted. The fact, on the contrary, as it seems to the undersigned, disproves any such intention or supposition on the part of the American commissioners.

The British commissaries, Messrs. Mildmar and De Cosne, in their reply of the 23d of January, 1753, to the French commissaries, say: "We have sufficiently proved, first, that Acadia (Nova Scotia) has had an inland limit from the earliest times; atd secondly, that that limit has ever been the river St. Lawrence." At that time, then, the British Government contended that the north west angle of Nova Scotia was formed by the river St. Lawrence, as one line, and a line drawn north from the St. Croix to the St. Lawrence as the other; and this in conformity with the position assigned to it (0 Mitchell's map and some others. By the grant to Sir William Alexander, the northwest angle of Nova Scotia was also placed at the river St. Lawrence, although its precise locality on that river is not determined by the language of the grant.

The French commissaries, on their part, contended that the limits of Canada extended on the south side of the St. Lawrence, so as to embrace the territory watered by the rivers that emptied themselves into the river St. Lawrence. "Les pays dont les eaux vont se rendre dans le fleuve St. Lau rent." The commissions granted to the Governors of Canada, and all the public documents issued by the authority of the French Government, fully sus tain their position. There is no ground, say they, for entertaining a doubt that all the commissions granted by the King, for the government of Canada, were conceived in the same terms. In the splendid Universal Atlas, published at Paris by De Vaugondy & Son, in 1757, there is a map dated 1755, and referred to expressly by the author, whe was geographer to the King, as illustrating the dis pute between France and Great Britain, in rega to the boundaries of their respective territories. On this map, the dividing ridge, or highlands, is placed where the United States have ever contended it is only to be found; and what is deserving notice is, that the northwest angle of Nova Scotia is there placed on those highlands, at the head of the lake there called Metaousta; the line separating Nova Scotia from New England being drawn through the centre of that lake, to the source of the St. Croix. The disputes above referred to hav ing led to a war between France and Great Britain, France finally ceded to Great Britain, in February, 1763, Canada, and abandoned all claim to Nova Scotia and the whole territory in controversy be tween the two powers. On the 7th of October, 1763, his Britannic Majesty issued his proclamation,

efining the southern boundary of Canada, or the rovince of Quebec, and establishing it where the ench had always contended it was. Immediatey afterward, he also defined and established the estern limit of Nova Scotia; alleging, by way of stification of certain pretensions which had been ut forward in opposition to Massachusetts, in egard to the Penobscot as a boundary, that, alhough he might have removed the line as far rest as the Penobscot, yet he would limit himself At the St. Croix. Accordingly, the western bounary of Nova Scotia was, in November, 1763, deined and established as follows: "By a line," &c., across the entrance of the Bay of Fundy, to the nowth of the river St. Croix, by the said river to ts source, and by a line drawn due north from hence to the southern boundary of our province of Quebec." The northwest angle of Nova ScoPia was, by these two documents, established in November, 1763, and defined to be the angle Formed by the line last described, and the line which "passes along the highlands which divide he rivers that empty themselves into the said Viver St. Lawrence, from those which fall into thesea, and also along the north coast of the Bay des Chaleurs." We now see wherefore it was that the istinguished men who negotiated the treaty of peace were so particular in describing the precise position, and giving so exact a definition of the northwest angle of Nova Scotia, mentioned in the reaty. They distinctly and explicitly state that mo ive to be, that "all disputes which might arise in fuure, on the subject of the boundaries of the United States, may be prevented." Their starting bound, or point of departure, is the northwest angle of Nova Scotia. Here the question presents itselfwhat northwest angle? They describe it, not that northwest angle which in several maps is laid down on the highlands, at the Madawaska source of the St. John; not that northwest angle on the southern bank of the river St. Lawrence, laid down on Mitchell's map, and so strenuously contended for by the British Government and British commissaries in their dispute with France; not that northwest angle on the river St. Lawrence, described in the charter or grant by King James to Sir William Alexander; but the northwest angle of Nova Scotia, defined and established in November, 1763, "to wit: that angle which is formed by a line drawn due north from the source of St. Croix river, to the highlands," &c.; and, further, that there might be no ground for reviving the old pretension in regard to the Penobscot, or any other western river, being intended as the St. Croix, the river St. Croix intended in the treaty is declared to have its mouth in the Bay of Fundy. Nor is there any pretence of any doubt or question having been raised, until long after the treaty of peace, as to what highlands were intended in the proclamation of 1763 as constituting the southern boundary of Quebec. So far from it, the Parliament of Great Britain, in 1774, passed the Quebec act, which was one of the grievances complained of by the colonies, and which confirmed the boundaries, so far as the matter under consideration is concerned, defined and established by that procla nation. Of these two public acts, the American commissioners were not ignorant nor misinformed. They are both expressly referred to and menioned in the report of August 16, 1782, already mentioned. To find these highlands, the statesman and jurist, who has no other object in view than expound the treaty according to its terms and rovisions, uninfluenced by any secret bias or preconceived theory, will, it is believed, begin, not at he mouth or source of the St. Croix, but on the ank of the river St. Lawrence, at a point north of the source of the river St. Croix; and, following Le due-north line (so called) southward, he will End no difficulty in discovering the line of the Versants," from which issue the rivers that empty emselves into the river St. Lawrence. whole and exclusive object and intent of the procamation of 1763, so far as relates to this matter of andary in that section of country, was not in any ray to affect or alter the limits of jurisdiction over he territory lying south of that line of "Versants," it only to cut off from Nova Scotia and Massahusetts that portion of territory which was waered by the rivers which empty themselves into he river St. Lawrence. Accordingly, the due. orth line or boundary between Nova Scotia and Massachusetts is described as extending "from the ource of the St. Croix to the southern boundary of ur province of Quebec."

The

The commissioners of Maine do not consider themselves as sent here to argue the question of right in regard to the conflicting claims to the disputed territory, nor to listen to an argument in opposition to the claim of Maine. Their mission contemplated a far different and more conciliatory object. They have, however, felt themselves compelled, in justice to Maine, to reply to two positions assumed by Lord Ashburton-the soundness of which, with great deference and respect for his Lordship, they cannot admit: First. That "it was the intention of the parties to the treaty of peace of 1783 to leave to Great Britain, by their description of boundaries, the whole waters of the river St. John." Secondly. "That the treaty of 1783 was not executable according to its strict expression. His Lordship also speaks of "a volume of additional controversial matter, which he has not communicated, but which he has brought with him, and much of which would be of no inconsiderable weight and importance, if controversy were our object.' Among the matter referred to in that volume, the undersigned believe they have reason to conjecture, will be found a map entitled "North America, with the New Discoveries," by William Faden, geographer to the King, published in the year 1785. That map--a copy of which is now before the undersigned, communicated by you-extends the British possessions so as to include the waters of the St. John, and dispenses with the due-north line of the treaty altogether. The map referred to is a small one, of small pretensions. It is, however, somewhat remarkable, that the same William Faden published, in 1783, a map, prepared with great care, entitled "The United States of North America, with the British and Spanish territories, according to the treaty," in which he lays down the boundary of Quebec according to the act of 1774, and the boundary of the United States in precise accordance with the American claim. He was not at that time geographer to the King. It is well known that difficulties, very soon after the treaty of peace, began to spring up between the United States and Great Britain, which became more and more exasperated, until the conclusion of the treaty negotiated by Mr. Jay. During that period, the boundary of the United States became more restricted on more British maps than the one published by Mr. Faden. How far the new light let in upon him by the feeling of the times and his new position enlightened the mind of Mr. Faden in making his new discoveries, it is neither our duty nor our disposition to discuss. Mr. Faden and others were only imitating, in this particular, what had been done some thirty years before, during the controversy between France and Great Britain; and again in the subsequent one between the Crown and Massachusetts, when the officers of the Crown were endeavoring to reclaim the territory east of the Penobscot.

As they have been assured that Lord Ashburton is restrained by his instructions from yielding the island of Grand Manan, or any of the islands in Passamaquoddy bay, or even any portion of the narrow strip of territory which lies between the due-north line from the source of the St. Croix and the St. John river, above Eel river, so called, as an equivalent for any portion of the territory claimed by Maine as within her boundaries, her commissioners, on their part, feel themselves constrained to say that the portion of territory within the limits of Maine, as claimed by her, which they are prepared, in a spirit of peace and good neighborhood, to yield for the accommodation of Great Britain, must be restrained and confined to sh portion only, and in such reasonable extent, as is necessary to secure to Great Britain "an unobstructed communication and connexion of her colonies with each other." It appears, by his communication to you, that his Lordship proposes to yield the disputed territory claimed by New Hampshire, at the source of the Connecticut river; the strip of disputed territory at the head of Vermont, in the possession of that State, north of the forty fifth parallel of latitude; and the strip of disputed territory, embracing Rouse's point, on Lake Champlain, north of the same parallel, in the possession of the State of New York; notwithstanding these have been decided by the arbiter to belong of right to Great Britain.

Now, the undersigned are fully aware of the importance of having all these difficulties in regard to boundaries amicably adjusted, and that it is highly desirable to the United States to have them so adjusted, and to the particular States inter

ested to be confirmed and quieted in their respective limits and possessions. But it cannot have escaped your attention, that all this is proposed to be done partly at the expense of Massachusetts, but principally at the expense of Maine. The only thing in the nature of an equivalent offered to Mame and Massachusetts, relates to a concession, by Great Britain, of the right of transporting the produce of the forest without duty down the St. John. It is not the intention of the undersigned to depreciate or underrate the value of such a concession; but it is contended that it is a privilege as desirable to New Brunswick as it is to Maine and Massachusetts. It is to the territory of Maine, watered by the St. John and its tributary streams, that the city of St. John's must look for the principal material to maintain her external commerce-for her means to pay for the supplies she receives from the mother country. The unobstructed navigation of the St. John, for the transportation of the products of the forest, free of toll or duty of any kind whatever, would be a concession mutually advantageous to Maine and Massachusetts on the one part, and to Great Britain and New Brunswick on the other; but, being mutually advantageous, it ought not, perhaps, to be treated exactly in the character of an equivalent. Yielding, however, to the force of the considerations which have been referred to-considerations which affect materially the interests of Maine and Massachusetts as members of the Union ---and assuming it for granted, and as a condition, that the United States themselves will furnish to the two States such an equivalent as, in justice and equity, they ought to do, the undersigned, with the assent and concurrence of the commissioners of Massachusetts, propose the following as a conventional line, or line by agreement, between the United States and the State of Maine on the one part, and Great Britain and the territories of her Britannic Majesty on the other part, viz: Beginning at the middle of the main channel of the river St. John, where the due-north line from the source of the river St. Croix crosses the St. John; thence westerly, by the middle of the main channel of the St. John, to a point three miles westerly of the mouth of the river Madawaska; thence, by a straight line, to the outlet of Long Lake; thence westerly, by a direct line, to the point where the river St. Francis empties itself into Lake Pohenagamook; thence, continuing in the same direct line, to the highlands which divide the waters emptying themselves into the river Du Loup from those which empty themselves into the river St. Francis.

In proposing this line, the following reasons have presented themselves to the undersigned for adopting it as a conventional line, or line by agreement, in preference to any other:

1st. It yields to Great Britain all she needs to secure to her "an unobstructed communication and connexion of her colonies with each other;" and, connected with the unobstructed and free navigation of the St. John, seems to meet the legitimate wants of all parties.

2d. The most natural boundary from the due, north line to the highlands of the treaty would be the St. John and the Madawaska to its source, as first proposed by the American commissioners who negotiated the peace of 1783. But as that boundary, taken in its whole extent, would cut off the communication between the British colonies at the Grand portage, the line here proposed removes that difficulty. At or near the point where the proposed line leaves the St. John, which, from the due-north line from the St. Croix, pursues a northwesterly course upward, the river suddenly turns, and trends for a distance of about five miles nearly south, and thence for its whole course upward to its source trends southerly of west. To pursue the line of the St. John further west than the point indicated, which is about three miles above the mouth of the Madawaska, would be to adopt an angular line projecting itself into the American territory. The outlet of Long Lake is proposed as a natural and perinanent bound, which cannot be mistaken; and for the same reason, the inlet of Lake Pohenagamook is also proposed; and the line being continued to the highlands, removes all possible ground of misapprehension and controversy.

3d. As Great Britain has restrained her minister plenipotentiary from granting any territorial equiv alent, to be incorporated into the territorial limits of Maine, any further concession of territory on the part of Maine could hardly, it is apprehended, be expected from her.

In making the proposition above submitted on

their part, in connexion with a concession on the part of Great Britain of the unobstructed navigation of the St. John, and all its branches and tributaries which, in any part, flow from the territory of the United States, for the transportation of the lumber and products of the forest, free of toll or duty, the undersigned had supposed it quite possible that they had misapprehended the meaning intended to be conveyed by the expression of Lord Ashburton, where he speaks of "some one of the sources of the St. John." But they have now just learned (informally) that the expression was used by him advisedly, meaning thereby some one of the sources of that river situated in the vicinity of the sources of the Penobscot and Chaudiere. His proposition, therefore, extends to a yielding, on the part of Maine, of the whole territory on the north side of the St. John, from the due-north line to its source; and this, too, without any territorial equivalent to Maine. With this explanation, the language of Lord Ashburton in calling the southern border of the St. John, from the due-north line to the mouth of Fish river, an "inconsiderable extent," is more readily understood. To this part of the proposition there is only one reply. Whatever may be the solicitude of the undersigned that the difficulties which have arisen in regard to the boundaries of Maine may be amicably and definitively arranged, the proposition, as now explained and understood, cannot be acceded to.

In making the offer they have submitted, the undersigned are sensible their proposition involves a sacrifice of no inconsiderable portion of the just claims and expectations of Maine. It is made in the spirit of peace-of conciliation. It is made to satisfy her sister States that Maine is not pertinacious or unreasonable, but is desirous of peace,' and ready to make large sacrifices for the general good.

Before closing this communication, the undersigned feel it their duty, by way of explanation to state their views in regard to the French settlers at Madawaska. In any treaty which may be made with Great Britain, affecting these people, the grants which have been made to them by New Brunswick may and ought to be confirmed in fee simple, with such provision in regard to the possessory rights acquired by other actual settlers there, as may be just and equitable; and, also, the right may be reserved to the settlers on both banks of the river to elect, within some reasonable period, and determine of which Government the individuals signifying their election will remain, or become citizens or subjects. If, then, they should have any preference, they will have it in their power, on mature consideration and reflection, to decide for themselves, and act accordingly. The hard lot and sufferings of these people, and of their fathers, give them a claim to our sympathies. The atrocious cruelties practised upon their ancestors are matters of history; the appalling details of them are among their traditions. The fathers and the mothers have taught them to their children. When fleeing from their oppressors, in 1785, they settled down in the wilderness, at Madawaska; they believed and understood themselves to be within the limits and jurisdiction of the United States-a people of whom France had been the friend and ally in the war which had just terminated in their independence, and who was still the friend and ally of France in peace. Their history since that period had lost little of its interest. Too few in number, too weak in resources, too remote to expect or receive aid, they have submitted to whatever master assumed authority over them. With a knowledge of their history, and the wrongs they and their ancestors have suffered, it will be difficult for the people of Maine to bring themselves into the belief that these people are opposed to living under the mild and gentle sway of our free institutions. It will be equally difficult for the people of Maine to satisfy themselves that it is only from a lively and disinterested sympathy for these poor Frenchmen, that the Government of Great Britain is so solicitous to retain possession of the south bank of the St. John, extending from the due-north line, more than fifty miles, up to Fish river. On the best consideration they have been able to give to this subject, the undersigned can see nothing in the condition or circumstances of these settlers which would justify them in abandoning the very obvious and only natural boundary, to adopt one that must be altogether arbitrary.

The undersigned avail themselves of this occasion to tender to Mr. Webster, Secretary of State,

assurances of their distinguished consideration and respect.

WM. P. PREBLE,
EDWARD KAVANAGH,
EDWARD KENT,
JOHN OTIS.

Hon. DANIEL WEBSTER, Secretary of State.

[CONFIDENTIAL.]

Mr. Webster to the Commissioners of Maine and Massachusetts.

DEPARTMENT OF STATE, Washington, 12th July, 1842. GENTLEMEN: I place in your hands a note received yesterday from Lord Ashburton; it would have been transmitted sooner, but I was not able to read it myself until this morning.

I shall have the honor of inviting a conference with you at an early opportunity, being very desirous of making progress in the business in which we are engaged, and satisfied that the various parties in interest are as well prepared now to come to a decision as they are likely to be at any time hereafter. I have the honor, &c.,

DANIEL WEBSTER.

The Hon. COMMISSIONERS

Of Maine and Massachusetts.

Mr. Webster to the Maine Commissioners.
DEPARTMENT OF STATE,

Washington, July 15, 1842. GENTLEMEN: You have had an opportunity of reading Lord Ashburton's note to me of the 11th of July. Since that date, I have had full and frequent conferences with him respecting the Eastern boundary, and believe I understand what is practicable to be done on that subject, so far as he is concerned. In these conferences, he has made no positive or binding proposition-thinking, perhaps, it would be more desirable, under present circumstances, that such proposition should proceed from the side of the United States. I have reason to believe, however, that he would agree to a line of boundary between the United States and the British provinces of Canada and New Brunswick, such as is described in a paper accompanying this, (marked B,) and identified by my sig

nature.

In establishing the line between the monument and the St. John, it is thought necessary to adhere to that run and marked by the surveyors of the two Governments in 1817 and 1818. There is no doubt that the line recently run by Major Graham is more entirely correct; but, being an ex parte line, there would be objections to agreeing to it without ex.amination, and thus another survey would become necessary. Grants and settlements, also, have been made, in conformity with the former line, and its errors are so inconsiderable that it is not thought that their correction is a sufficient object to disturb these settlements. Similar considerations have had great weight in adjusting the line in other parts

By the award of the King of the Netherlands, there was assigned to the United States 7,908 square miles-5,061,120 acres; to England 4,119 square miles-2,636,160 acres.

The territory proposed to be relinquished to England, south of the line of the King of the Netherlands, is, as you will see, the mountain range from the upper part of the St. Francis river to the meeting of the two contested lines of boundary, at the Metjarmette portage, in the highlands, near the source of the St. John. This mountain tract contains 893 square miles-equal to 571,520 acres. It is supposed to be of no value for cultivation or settlement. On this point you will see, herewith, a letter from Captain Talcott, who has been occupied two summers in exploring the line of the highlands, and is intimately acquainted with the territory. The line leaves to the United States, between the base of the hills and the left bank of the St. John, and lying along upon the river, a territory of 657,280 acres, embracing, without doubt, all the valuable land south of the St, Francis, and west of the

St. John. Of the general division of the territory, it is believed it may be safely said that, while the portion remaining with the United States is in quantity seven-twelfths, in value it is at least fourfifths of the whole.

Nor is it supposed that the possession of the mountain region is of any importance in connexion with the defence of the country, or any military operations. It lies below all the accustomed prac ticable passages for troops into and out of Lower Canada; that is to say, the Chaudière, Lake Champlain, and the Richelieu, and the St. Lawrence. If an army with its materiel could possibly pass in' Canada over these mountains, it would only find itself on the banks of the St. Lawrence, below Que bec; and, on the other hand, it is not conceivable that an invading enemy from Lower Canada would attempt a passage in this direction, leaving the Chaudière on one hand, and the route by Madawaska on the other.

If this line should be agreed to on the part of the United States, I suppose that the British Minister would, as an equivalent, stipulate, first, for the use of the river St. John, for the conveyance of the tim ber growing on any of its branches to tide water. free from discriminating tolls, impositions, or inabilities of any kind; the timber enjoying all the privileges of British colonial timber. All opinion: concur that this privilege of navigation must greatly enhance the value of the territory and the timber growing thereon, and prove exceedingly useful to the people of Maine. Second, that Rouse's Point, in Lake Champlain, and the lands heretofore supposed to be within the limits of New Hampshire, Vermont, and New York, but which a correct as certainment of the 45th parallel of latitude shows to be in Canada, should be surrendered to the United States.

It is probable, also, that the disputed line of boundary in Lake Superior might be so adjusted as to leave a disputed island within the United States.

These cessions on the part of England would enure partly to the benefit of the States of New Hampshire, Vermont, and New York, but princi pally to the United States. The consideration on the part of England for making them, would be the manner agreed upon for adjusting the Eastera boundary. The price of the cession, therefore, whatever it might be, would, in fairness, belong t the two States interested in the manner of that adjustment.

Under the influence of these considerations, I ara authorized to say that, if the commissioners of the two States assent to the line as described in the accompanying paper, the United States will undertake to pay to these States the sum of two hundred and fifty thousand dollars, to be divided between them in equal moieties; and, also, to undertake fot the settlement and payment of the expenses incur red by those States for the maintenance of the civil posse; and, also, for a survey which it was found necessary to make.

The line suggested, with the compensations and equivalents which have been stated, is now submitted for your consideration. That it is all which might have been hoped for, looking to the strength of the American claim, can hardly be said. But. as the settlement of a controversy of such duration is a matter of high importance; as equivalents of undoubted value are offered; as longer postponement and delay would lead to further inconvenience, and to the incurring of further expenses: and as no better occasion-or, perhaps, any other occasion-for settling the boundary by agreement. or on the principle of equivalents, is ever likely to present itself, the Government of the United States hopes that the commissioners of the two States will find it to be consistent with their duty to assent to the line proposed, and to the terms and conditions attending the proposition.

The President has felt the deepest anxiety for an amicable settlement of the question, in a manner honorable to the country, and such as should preserve the rights and interests of the States concerned. From the moment of the announcement of Lord Ashburton's mission, he has sedulously endeavored to pursue a course the most respectful towards the States, and the most useful to their interests, as well as the most becoming to the charac ter and dignity of the Government. He will be happy if the result shall be such as shall satisfy Maine and Massachusetts, as well as the rest of the country. With these sentiments on the part of the President, and with the conviction that no more advantageous arrangement can be made, the sub

27TH CONG.........3D SESS.

(Continued from No. 1.)

ject is now referred to the grave deliberation of the commissioners.

I have the honor to be, with great respect, your obedient servant, DANIEL WEBSTER. To the Hon. the COMMISSIONERS OF MAINE.*

B.

Beginning at the monument at the source of the river St. Croix, as designated by the commissioners under the fifth article of the treaty of 1794, between the Governments of the United States and Great Britain; thence, north, following the exploring line run and marked by the surveyors of the two Governments in the years 1817 and 1818, under the fifth article of the treaty of Ghent, to its intersection with the river St. John, and to the middle of the channel thereof; thence, up the middle of the main channel of the said river St. John, to the mouth of the river St. Francis; thence, up the middle of the channel of the said river St. Francis, and of the lakes through which it flows, to the outlet of the lake Pohenagamook; thence, southwesterly, in a straight line, to a point on the northwest branch of the river St. John, which point shall be ten miles distant from the main branch of the St. John, in a straight line, and in the nearest direction; but if the said point shall be found to be less than seven miles from the nearest point of the summit or crest of the highlands that divide those rivers which empty themselves into the river St. Lawrence from those which fall into the Atlantic ocean, then the said point shall be made to recede down the said river to a point seven miles in a straight line from the said summit or crest; thence, in a straight line, in a course about south eight degrees west, to the point where the parallel of latitude of 46 deg. 25 min. intersects the southwest branch of the St. John; thence, southerly, by the said branch, to the source thereof, in the highlands at the Metjarmette portage; thence, down along the said highlands, to the head of Hall's stream; thence, down the middle of said stream, till the line thus run intersects the old line of boundary surveyed and marked by Valentine and Collins, previously to the year 1774, as the 45th degree of latitude, and which has been known and understood to be the line of actual division between the States of New York and Vermont on one side, and the British province of Canada on the other; and from said point of intersection, west, along the said dividing line, as heretofore known and understood, to the Iroquois or St. Lawrence river.

Captain Talcott to Mr. Webster.

WASHINGTON, 14th July, 1812. SIR: The territory within the lines mentioned by you contains eight hundred and ninety-three square miles, equal to five hundred and seventy-one thou sand five hundred and twenty acres. It is a long

and narrow tract upon the mountains or highlands, the distance from Lake Pohenagamook to the Metjarmette portage being one hundred and ten miles. The territory is barren, and without timber of value; and I should estimate that nineteen parts out of twenty are unfit for cultivation. Along 80 miles of this territory, the highlands throw up into irregular eminences of different heights, and, though observing a general northeast and southwest direction, are not brought well into line. Some of the elevations are over three thousand feet above the sea.

The formation is primitive siliceous rock, with slate resting upon it, around the basis.. Between The eminences are morasses and swamps, throughout which beds of moss, of luxuriant growth, rest n and cover the rocks and earth beneath. The growth is such as is usual in mountain regions on This continent, in high latitudes. On some of the ridges and eminences, birch and maple are found; on others, spruce and fir; and in the swamps, spruce intermixed with cedar; but the wood, everywhere, is insignificant, and of stinted growth. It will readily be seen, therefore, that, for cultivation, or Haute, mutatis mutanidis, to the Commissioners of Massa

chusetts.

FRIDAY, DECEMBER 9, 1842.

as capable of furnishing the means of human subsistence, the lands are of no value.

I am, sir, your obedient servant, A. TALCOTT, Commissioner. Hon. DANIEL WEBSTER, Secretary of State.

The Maine Commissioners to Mr. Webster. WASHINGTON, July 16, 1842.

Το

SIR: We learn from the letter addressed to you by Lord Ashburton, dated the 11th instant, and by you communicated to the commissioners of Maine and Massachusetts, that the line proposed by us as a conventional line, with the assent and concurrence of the commissioners of Massachusetts, in our note to you of the 29th ultimo, is inadmissible. His Lordship even expresses himself as being "quite at a loss to account for such a proposal;" and appeals to your candid judgment to say "whether this is a proposition of conciliation," and whether it could reasonably be expected that, whatever might be the anxiety of his Government for a friendly settlement, he could be found with power' to accede to such terms. That public, to which his Lordship more than once alludes in both his letters, will have it in their power to judge which proposition, on the whole, under all the circumstances of the case, is best entitled to the character of conciliatory-his Lordship's or ours. you, sir, the commissioners must be permitted to insist that they did intend and consider their offer as a proposition of conciliation, however it may appear to Lord Ashburton. It is predicated upon the basis of yielding to Great Britain all she needs, and more than she needs, for the natural, convenient, and "unobstructed communication and connexion of her colonies with each other." A desire on her part to obtain which, is believed to be at the bottom of this controversy; and the necessity of securing which, even his Lordship seems to admit has been the main reason of her continuing to persist in it. The royal arbiter, as his Lordship is pleased to call him, clearly understood this, and governed himself accordingly. He recommended the yielding, on the part of the United States, of this portion of territory, coupling it at the same time with the yielding, on the part of Great Britain, to the United States, of Rouse's Point, on Lake Champlain, and the fort there erected, with its kilometrical radius, and so much of the territory adjacent as might be necessary to include it. The existence of such a place and its fortifications had not been even alluded to in the American statements nor by the American agents. The British agents could not suffer such a fact to pass unnoticed. They studiously informed the royal arbiter in their first statement, and took care to advert to it again in their second, that there was "a certain point called Rouse's Point, where there happened to be an important American fort, which had been erected not long before, at considerable expense, as a defence for that frontier." Thus admonished of the fact, the royal arbiter readily availed himself of it, and placed the value and convenience of this supposed important military position and fortification to the account of the United States, as an offset for the territory in Maine needed for the convenience of Great Britain, and for "the unobstructed communication and connexion of her colonies with each other;" supposing, without doubt, that in so doing he was promoting the interests, and objects, and convenience of both nations. When, therefore, Lord Ashburton bases his proposition on the supposition that "the division by the King of the Netherlands satisfied fairly the equity of the case between the parties,” and restrains that monarch's views to an equitable division of the territory in dispute in Maine only, he overlooks, as it appears to us, the fact that both matters were before his Majesty's mind at one and the same time; and that, as in the one instance he recommended that a certain portion of territory should be yielded by the United States to Great Britain for her accommodation, so, in the other, he recommended that a certain other portion of territory, belonging of right to Great Britain, in his opinion, should be yielded by Great Britain to the United States, for their supposed accommoda. tion and security. It is true that Rouse's Point

VOLUME 12.... No. 2

had formerly been considered as of great importance as a military position, and that the United States had expended very large sums of money in erecting fortifications there. The royal arbiter, therefore, acting under the influence of the exparte information so gratuitously furnished him, might well attach to Rouse's Point and its fortifica tions an inflated importance; and, taking the whole relations and interests of the parties before him into consideration, might regard his recommendation as satisfying fairly the equity of the case between the parties. But, however this may be, it is certain that what would be an equitable division of the territory in dispute was never submitted to the King of the Netherlands at all by the United States; that no evidence upon that point was placed before him by the United States; nor were the United States or their agents ever heard or consulted on that point by him. Against the adoption of his recommendation in this respect, the State of Maine has ever solemnly protested; and the Senate of the United States, who alone had the constitutional power to adopt and ratify it, rejected it with great unanimiThe recommendation of the royal arbiter, therefore, given under such circumstances, can in no way affect the rights of the parties in interest, and is in fact entitled to no more consideration and respect than that of any other gentleman of equal intelligence and information under the same circumstances. We feel it our duty, therefore, to say to you that the hypothesis assumed by Lord Ashburton, that the portion of disputed territory cut off from Maine by the line recommended by the King of the Netherlands should be yielded to Great Britain without any equivalent whatever, cannot be, and in our opinion ought not for a moment to be, admitted or acquiesced in by the commissioners of Maine.

ty.

Among the objections made by Lord Ashburton to the line proposed by us, drawn from the bend of the St. John, three miles above the mouth of the Madawaska, to the outlet of Long lake, one is, that it is an arbitrary line, which nobody ever suggested before; and that it would give to Great Britain less than the award of the arbiter. All this is true. But the line proposed by us is a straight line, like that from the source of the St. Croix, drawn from one well-known natural monument to another wellknown natural monument, within convenient distances of each other, and about which there could be no mistake or dispute. It yields also all, and more than all, that is needed by Great Britain for the unobstructed communication and connexion of her colonies with each other; and, as suggested by us in our note of the 29th ult., was proposed, rather than the channel of the Madawaska, solely for that reason and on that account; and what does Great Britain want of more? If the true character of that territory be of the description-"the miserable description"-stated by his Lordship in his note of the 21st ult., why should he feel it to be an objection that the line proposed by us would give to Great Britain less than the award of the arbiter, when it gives her enough to answer all her purposes? Beyond the designated bend of the St. John, the course of that river is such as to make with the St. Francis an acute angle-thereby forming between them a wedge of territory inserting itself, for its whole length, according to that award, into the territory of the United States. Again, at the mouth of the Turtle river, (so called,) a few miles above the designated bend of the St. John, there is a small settlement of Americans holding their lands under grants from Maine and Massachusetts. Again: the river St. Francis is one whose course is exceedingly crooked, having many sharp bends; so that, while the distance by the river and lakes from the Grand Portage to the mouth of the St. Francis is estimated by the assistant geologist of Massachusetts (who followed it down its whole length) at not less than eighty-five miles, the distance from the one point to the other in a straight line is only about forty miles. Moreover, the line recommended by the King of the Netherlands, without any knowledge of the topography of the country, is believed to be impracticable, on account of there being, in fact, no such stream emptying into the lake as, in his recommendation, he supposes to exist. And we will add, that, however miserable his Lordship