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COLUMBUS SENTINEL AND HERALD.
* *• - V*. t*.\ *a*£. • . ~ S . *
VOL. X.]
PUBLISHED EVERY SATURDAY MORNING BY \
JOSEPH STURGIS.
OX BROAD STREET, OVER ALLEN AXD YOUNG’S,
m’ixtohh ROW.
TERMS—Subscription, three dollars per an
num uavablc hi advance, or foua dollars, (in aii
case . exacted) where payment is not made before the
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ADVERTISEMENTS conspicuously inserted at
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quent continuance. Those sent without a specifica
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2d. Yearly advertisements.—For over 24, and
not exceeding 36 lines, fifty dollars per annum ; for
ovr 12, and not exceeding 24 lines, thirty-five, dollar
per annum ; for less than 12 iine3, twenty dollars
per annum.
3d. All rule and figure work double the above ptices.
Legal Advertisements published at the usual
rates, and with strict attention to the requisitions ot
the law.
All Sales regulated by law, must be made before
the Court House door, between the hours of 10 in the
morning and 4 in the evening—those of Laud in
the county where it is situate ; those of Personal
Property, wh'-re the ietters testamentary, of admin
istration or of guardianship were obtained—and are
required to be previously advertised in some public
Gazette, as follows:
Sheriffs’ Sales under regular executions for thir
ty days, under mortgage li fas sixty days, before
the day of sale.
Sales of Land and Negroes, by Executors, Ad
ministrators or Guardians, for sixty days before
the day of sate.
3.U.KS of Personal Property (except Negroes) forty
DAYS.
Citations by Clerks of the Courts of Ordinary, upon
application for letters of administration, must
be published for thirty da vs.
Citations upon application for dismission, hv
Executors, Administrators or Guardians, monthly
for six months.
Orders of Courts of Ordinary, (accompanied with a
copy of ‘he bond or agreement) to make titles
to land, must be published three months.
Notices by Executors, Administrators or Guardians,
if application to the Con t of Ordinary for leave
to sell the Land or Negroes of an Estate, rot 'it
MONTHS.
iticf-s by Executors or Administrators, to the Debt
•r* an I Cre.lt or* A ar Estate for six wffks.
MtmttFF* Clerks of Court, Xic.. will tie a! Ion
lie usual de hte'ion.
,• >n business, mm’ > ho- i ft’
to <*n*it|e them to st'en'ion.
• ,v?!. • j
■ml r 7, ■’ • <
.4. \EI , 1 V
w na\ elate •; ir ih
•n .'ti -i -ii fit •i’ in a . ani’ pen’
n . -n- >• ■ ici. .1 ! ‘'.
areo • • > ■ m
it a- - ■ selva
-■ -ility ... . . .
ho ri v.”
|e- n .. ri ■-1 ‘v to o', i. •!
q j shite. I-v:•,n .a “ ‘ •'■ •■- i ■ • ‘rv our I
ch-mr and sa'.'s’ vth ■ r iV'!vw. It i- ith ■i'-ih
th*’ iahli -.’ Mi-iii sliati at ail i-m'-i ‘! t'.ir- 1
Dished, v- , a-. iged w a.i< •J■ I to si'• i‘ ii > . In
ihe propfi'uors, an ! --u:', limn riots, drunkeni:-
and US cpuscqiieii;"’ i.iffi itl Ti. .->r:u a nli-.1l Wl!!
bs bestow*-1 a- will i- serve mhii- t'ror.ri ■. .
Sep: 11 33 *1- a- *- ,'k ‘ L : >ELL.
paoi six norm*,
f*e npkii, Steusqrt County. Georgia.
rgrVIE -uoAcnoar oivi ag tuk-.n th above house, 1
JBL situa'ad on the North East cm n*r ni hi*- court- i
house square, formerly occupied bv Mr. Heacham.
lakes pleajur • i>> itifirming hts fii- ml* and the imblie |
generally, that ‘ln < ne-v an I omiviJitms establish-!
hi ‘ill is no v com oleic I, and in every way filed up
f*r this asc until > Union of board-fs an 1-travellrrs the
suSi ‘.rihsr will give his personal attention to the super
vision of the house, and no pains or expense will be
spared to render all comfortable who may favor him
with a c t'l.
N. tl. His stah'rs are excellent and vill at all nines
he boo ili idly soiipliei with provender, and attended
hy a steily in histreius an ! trusiv ostlei, who wiil at
i| ti n -s b-* in h(s place and subj-et to tho commands
of the visitor. GIDEON ii. CROXTON.
Jan 2i—3l-f
CJUUMBUS IKU'ia, IS4O.
Tili> subscriber romped fully informs Ins friends am!
thi’ |iu ilic generally, that he still continues lo
occupy the above estnhtixhmen', where lie promises
rofresnni-.’nt ami comfort to the traveller ami border.
His o -Vii pursivvi! at tent I'm will he given to his busi
ness, in which hopes to give general satisfaction,
an I share a liberal patronage amongst his brother
chips. JESSE B. REEVES,
i tolumbus, Ga., Jan. 21, ISIO. 51 ts
PLIXTATIOX AND LANDS FOR S vf.E.
subscriber offers for sale bis Plantation on j
J*. the Ucbee creek, near Saint Fort, in Russell
comity, Ala., con istmg of 11 “20 acres, the greater part
of which is first rate lime land*,-00 acres under a good
.once and in a fair state of cultivation. There is a
•small ueverfaiiuig stream of water running through it;
Iso a good spring near the centre of the improved
ands, and 20ml d.veldngs and sill necessary out build
no*. A 1 tin House and Screw are now being erect
ed on the premises. Persons wishing to purchase
would do well to cal!
Also 3 or 4000 acres of first rate lands, on the Cow
p i cereek, in Barbour, near the line of Rtisseli.
JNO. CIIOWELL, Jr.
August 27.1 S3?. 3ft if
TIIO.HPNOVS UTMIUXE TRUSS.
An effectual and radical cure for polapsus
uteri .
THE subscribers have taken the agency for the
ab >ve valuable instrument, and have now on
hand and will constantly keep a variety of patterns,
which they will sell at .Manufacturers’ prices. These
Trusses are superior to any instrument of the kind
ever invented, an I are now extensively employed by
som of the most eminent practitioners in the United !
States. __ _ j
We annex thecrrtificateofthe lata Professor Eberle, t
w ho used them with great success in his own practice. |
1 CiJtciMx.vTTi, Ohm. May 11th, IS>9.
‘ I hare carefully examined the Uterine Truss in- :
vented by Dr. Thompson of this S ate. and 1 can con- !
tidently declare, that it is unqutslion bly the most !
perfect and useful instrument of the kind that has ever j
been offered to the public. It differs essentially in |
construction from tl.o Utero AbUeminai Suppmter
constructed by Dr. Hull, aud is in all respects a fir
superior instrument.’
The subscribers have also received the agency for
Dr. Chase’s Improved Surgical Truss, which is uni
versally ad nitted lo be the m ist certain and lasting
cure ever discovered for Hernia or Rupture.
TAYLOR &. WAIvEE, Druggists,
Sign of the Oolden Mortar, Broad-st.
Columbus. June 2ft, 1539. 26tf
JUSICAL SiTICK.
ISa'RS. HEINE respectfully announces to the
IfX citizens of Columbus and its vicinity, that
through the solicitations of many of her friends, she
will open a Music school for the instruction of voung
I.adies on the Piano Forte, on or about the middle of
this month, at her dwelling lately occupied by James
H.Kirvin, an I nearly opposite Mr. John D. Howell’s,
on Jackson street. For information she particularly
refers to the foltewing gentlemen :
Hon. Marshall J. Wellborn, Hon. G. W. Towns.
Hon. Grigsbv E. Thomas, Gen. D. McDougald,
Dr Robert E. Brodnax, Tho. W. Watson. Esq
Coi James H Campbell, R-.bt Alexander. Esq I
Gen Jas N Bethunc Alex McDougald, Esq
Hon James S. Calhoun, Dr Tims Hoxey
A. Levison, Esq Col J L Lewis
Columbus. Jan 1, 1840 3m
LAW xiVriCE.
r'4E undersigned will attend tothe PRACTICE
OF LAW.’in the name of JONES S; BEX
in m )sr of the counties of this Circuit, and a
few of the adjoining counties of Alaha a. Their
Office will be found near the Oglethorpe House.
SEABORN JONES.
HENRY L. BENNING.
Sept 16. 1539. 33 *f
la ASA AND MAUTIXNS,
DY Y R S \VD SC OUR ERS.
"B*A VS remoy* I o the building formerly o •>>-•
bv ‘li - O’ti.a >n. nearly ’poosi e the gtc-j
thopc Mouse, where thev will he hiuipv to receive any
orders in their line of business. I hey will renovate
Hn ,j ,ind O >ats, Pantaloons, Vests,Silks. Satin;
iav art els of wearing apparel which may have b .tn ,
injured °r soiled. , . ,
Tho strictest punctuality \vt Ihe obrr\ -0 •
work, a i l every effort made to im-ir lie* ;>atr, n; g
the public .
January 13. 1540. ‘
API. lIOQUEBi Attorney at Imc, Cutr.bert.
• Georgia. , -
Jan. 53, ISiO. * ] ls
THE THOROUGH HRED RACE HORSE
LISVVOOD.
HAVING withdrawn Linwood from the turf in
con-'.quenoe of an injury in his legs, he will
stand the ensuing spring season, one half of his time at
my stables about three miles East of Columbus, and
tho other half at Maj. Henry Kendall’s on Upatoy.
The season to commence at mv stables on the Islli
Jay of February and close about the last of July.
Linwood will be let to mares at thirty dollars the sea
son, and fifiy to ensure, and one dollar to the groom in
every in-lance. In every case when the mare is sent
it will be exp, cted that a note for the season money
will accompany the mare. Mates will be kept both at
Maj. Kendall’s and at the Proprietor's own farm at
the usual rates, and every care taken to prevent acci
dents qnd escapes, but no liability will be incurred lor
either.
Pedigree and Description.
Linwood is a light chesnut, of remarkable beauty
and line form, fifteen and three-quarter hands high, of
gay, graceful, spirited action, wi h a very docile tem
per, a quality much to be desired in a race horse, and
which runs in the veins of all the Pacolets, to whom he
is closely allied in blood. He was live years old last
spring, was bred by Mr. John Connally of Alabama,
the b eeder of John Bascornb, Bill Austin, Gander,
and other distinguished runners, and was got by the
celebrated race horse Wild Bill, dam by old Pacolet,
grand dam by imp. Diomed, great grand dam by imp.
‘•Vildatr. great great grand dam by imp. Shark, &c.
Wild Bill was by Sir Archy, out of McNorrel’s old
sorrel mare. Mariah, a Georgia nag, who was also the
•lam of Charles Kemble and other good runners—
Mariah was by Gallatin, dam hy inil>. Bedford, (also
the sire of Gallatin,) g. and. hy Gen. McPherson’s De
bonair, g. g. and. by grey Diomed, g. . g and. bv VVildait.
&c. Pacolet, the sire of Linwood’* dam, was by imp.
Citizen and was the progenitor of most of the best
racing stock of the West.
From the pedigree it will be seen that I,inwood
traces immediately to the very best English horses
ever imported into America, viz: imp. Diomed, imp.
Bedford, imp. Citizen, imp. Wildair, imp. Shark &c.
ft is the opinion of many of our most distinguished
breeders and judges that the descendant* of these
horses have not been improved by the recent fashiona
ble importations. Linwood was let to a few mares
he two last seasons and proved himself to he a sure
foal getter. His colts are remarkably large and hand
some, and will compare with die get of any horse in
the State. I can with great confidence recommend
turn to my f.lends and the public as a first rate horse
in every respect go breed from, e'ither for the saddle,
the farm, or the turf.
Performances.
I in wood made his first race on the Ist day of May
1837 oyer the Western Cour.-e at Colun.t>us, Ga.,
bcii. r .hen three years old, -ml carrying fid! 86
On th,;'. ci ("i fi-sn, he won the two ii - )ori;-'v <
‘>"! e, at two hea.t “O ‘ • f s •*->•"i•
■ Cronnnietr ‘t. . * *,’<■ ; - !
•s.Ue i):ack ill 3- “I Inal In* ■:.**. |
q'lence of ,i • unary pronme e.xluhi and in ires’
j: a*'*- i |in- niHi from Col. John Blevins
iifcrwawls. at his earnest solicitation !
... ■ J rum to !)•• *ken ‘ Alabama in die s'ub'e of |
Bvi i • In ‘rovi . -og o Mcr.u-em* r>. !-.<• was j
found led, winch dou! u ■ all'ecifd l-;s i
’* •>• ? n the fuii 1837 he was |
-.. by Co- Blevins. and j
■ ; , - mn won -h- J- ck.w filth
tjl'ii- hi,'.: i> . iug it good field of hot’ (S |
’ “**’ - ‘*■ ‘’ ‘ r ‘ ‘’ ‘ “ |
- “• VI h -dim
r| v i i.?> . ~- ‘.v,> r.ii'c ns h--s'-ii the I
I T;.’ 111.- *-n lan.t.arv 18 *3 and -i • :*n h* den two J
I l‘-58 di a’- ‘ - ujo .ori’ an !w! h im> rmi .! j
“t ‘ :• ‘’ ‘ intln-n-.d .'o-! ‘ n.h.rgci; I.T irvd
‘• il l tat wh w or in Ira n .iiu.t !
, i-1 ‘u ..me so ‘.o r-'t <vo!!.-n tba> i, was necessarv i
-' er t m c'.-t- !\ au I stop hi < exercise, in con- j
■ ->’ ■ h- and not S'or the r-ICeS ovr
‘!• W n: ('on • i bat fall, lie as then iak* n'<
; :i ;•!. oud with o y two weeks exercise and slid j
Cl in 'Iti : Ills 7* .0 was tar ed lor til- jockey 1
•''inti tm.r • uir in • ‘em t. against Ihana and Gf.row, i
h-’ -I'm die fic.il heai in die lies’ time ever made over j
lie txack. and wa- beaten the two las: hv Gciow .both j
i * mi time and af'e: a very s “’ ‘<■ and close contest.
| Two weeks af'er lit- was a: : am started the four mile
lay a’ Millcdgr vide again t trow and Alice Ann.
\ few C'.TStifc; hes • art he brohc !oo c h ..m :be
groom and mn ab-dit two miles over the track, frcir.
o'ace to place, with a crowd at I.is heels; he wa
caught, ami m this worried condition started in die
race in which he was beaten by Gerow. He was
again beaten in Augusta in December following, three
mde heats, bv Cos! Hampton’s Emily and others. The
condition of his legs was such that he could not be ■
trained in the spring of 1833. In the fall he was again
put in ;raining and although greatly complaining, won
the Jockev C ub purse, three mile heats, over the
course at Columbus, beating Gen. Scott’s West Wind
and others nt two I rats in 5 56. 6.C0. Two - *
af erwanls, lie was started the four mile dav at M u i, .
and run one h"at in which he was again beaten by
Gerow. After the heat, the tendons of his legs became
so much inflamed and enlarged that 1 was sstisfied
they would completely give way in another heat, and
I withdrew him from the race and from the turf.
Lin” ood’s first race over the course a! Columbus
wa*. under the circumstances, the b st two mile racr
ever ffiiade over that track, an I exhibited first rate
speed, whil t his t vdve mile race at. Macon with
Gerow shewed that he was a hor>e of bottom. He
lias never started in good condition since his first race,
al'hough he has made a great many and some very
good races. [ have no hesitation in expressing the
opinion, lha’ if he had not been foundered as stated, and
oth* vwiso injured, he would have made ore of the
most distinguished race horses of his dav.
AT.FRED IVERSON.
Columbus Ga., Jan. 16, 1840. 51 ts
GrEUM.IX, INDIAN AND TIIOJIB ONI AN
OR,
PRIMITIVE, PRACTICAL, BOTANICO
MEDICAL SCHOOL,
T.ncntfd seven mites I’Jast of IMnrion, near Hamburg
IN uniting these several Medical Systems or modes
of practice, Dr. B. it. THOMAS, the Principal
of the School, begs leave to state, for the information
of the afflicted and public generally, that he has been
many years engaged in the practice of Medicine, and
has devoted muchof his time, labor and practice, with
many of the most intelligent and successful German
and Indian Doctors, both in the United States and
Canada, to the treatment of acute and chrome dis
ea es of every name, stage and type, and of the most
malignant character ; and iias, by practicing with them,
acquired a thorough knowledge of all their valuable
secret Recipes and manner of treatment, which is fat
superior to any thing known or taught in t lie Medical
Schools, and which has been successful, by the bles
sings of the Almighty, in restoring to health, hundreds
1 and thousands of persons that had been treated for a
j number of years by many of the most learned and
] s lentilfc Physicians of the day, and pronounced to be
entirely beyond the reach of remedy, and given over
j > die. Yet by the simple, efficacious Vegetable Medi
j trines, not poisons, they were snatched from the jaws of
j the grim monster, death, and restored to health) the
greatest of all earthly blessings; lor what is riches
| and elegant dwellings, without health to enjoy them,
! Health is the poor man's wealth, and the rich man’s
j bliss. To a man laboring under disease, the world is
little better than a dreary solitude, a cheerless waste
enlivened by no variety, a joyless scene cheered by
no social sweets ; for the soul in a diseased body, like I
a martyr in his dungeon, may retain its value, but it
has lost its usefulness.
Will he added to this institution, as soon as the ne- j
cessarv arrangements can be made, an infirman—the j
cold, hot, tepid, shower,sulphur and the German, Rus- j
sian and I homsonian Medicated Vapor Baths; and!
every thing that can possibly be of any advantage in ,
restoring the sick to health, oi relieving suffering hu-;
manitv, will be promptly and constantly attended to;!
and where the student will learn by practical experi- i
j nice, (the best kind of logic,) the true principles of •
the healing art. Price ot toil ion will be S2OO, payable
j in advance.
ICP All persons afflicted with lingering and ehron- i
ic diseases, (of anv name, state, stage or type, for we j
have hauled disease in a thousand forms,) who cannot j
convenient! v apply in person, will send the symptoms !
of their diseases in writing to Dr. B. 11. Thomas, 1
Hamburg. Ala., where ’Medicines will be prepared in j
j the host manner to suit eaeii ea-e. Although thev j
! tna\ have been of many years standing, and treated
bv a dozen different Differs, is no good reason whv
iliev cannot be cured by the subscriber. Persons liv
ing at a distance must expect to pay for their Medi- I
cines when t! ■’ gt t tiu m, a* no Medicines xvill be
sent from the oliice on a credit.
J*’ Le'ters addressed to the subscriber, will no* I
be taken from the office, unless post paid.
Nov. 20. 1839. 45tf ** R. THOMAS.
\ YLT YBLK PLANTATION M E -• * V, i
CONTAINING
Acres of. : 'i ■ . T t
are eighty aw . J y - coir.- t v •• <.
lino- \v. ‘ cssarv out offices, a g.*ou giu ;.o
and p--e’ j screw, a peach and apple orcha
,*ier goo I fence. It is situated within 4 uv.
jof Join mbits joining the plantation formerly owned
bv Thomas O. Evans. Esq. Persons widen* to pt.r
----! -has- cannot find a mare desirable location than the
i r,. (,v *hc subscribers.
JOHN CODE,
Dec-. 5. 44tf JOHN QUIN.
dissolution.
: 1 iTX t IE copartnership exisimg beiwect-1 - r ‘lt r.-i.-n-
I cd is this day dissolved by n-uuia. usent. 1 <•
; irisctt -'d hu< ; i: -s vie he a'’ need y hjfc 3• .
j Pool, using the name in- cc;.- ’C >’ Hy y-u_ . 1
reference to the c< neern. A
I March 28. 63t P> p - McCwA wi .
‘WE HOLD THESE TRUTHS TO BE SELF-EVIDENT, THAT ALL MEN ARE BORN EQ.UALA
COLUMBUS, GEOft GI ii, §. vTUR’O AY’ o R XING, APRIL 11, 1840.
POETRY.
WOMEN AND TEA.
The following celestial composition, our lady read
ers will persuc wi h tears in their eyes. Oilier poets
have sung about ‘ women and wine,’ but the gentle
muse of ‘ Straws’ wiil he celebrated in alt futunc time,
for having first discovered the- poetical interest of
‘ Women and Tea.’ The touching melancholy of
these exquisite lines is not to be surpassed.
A WERUY SERIOUS REFLECTION.
I’ve just a bin a thinkin’, Jim,
1 hat is, as how as if
That hre Celestial nation, Jim,
Should keep up this ’-re inifT;
l says I’ve been a thinkin’,-Jim,
Vot a hawful time there’ll be,
Ven the univarsal vimen sex
Can’t invite themselves to Tea!
Ven the g'een and black's all drunk, Jim,
And the liizon, ‘ oil and youn".’
Ven the ‘gunpowder's’ goncoti’, Jun,
‘ Imperial ’ and * sou thong !'—
Ven the kitties sing no more, Jim,
And the tea pots is put bve ;
Vith the chancy cups, and the silver spoons,
And the other croc!ic-ry.'_
Vat vill them ladies do, Jim,
Vot likes their di>h of chat!
I ’in werry much afraid, Jim,
They all are dish’d for that.
I thinks on it vi h pa n, Jim,
And the vimin folks look blue,
For they can’t chat over col Fee, Jim,
An’ I don’t know vot they’ll do,
Segars is iverry good, Jim,
And quids is inspiration ;
Arid toddies werry much prorr.o'es
Vons poiv’rs of conwcrsati in.
I don’t know how as if, Jim,
They mighl’nt taketc pipes ;
Invite fol s to—‘ a whiff’ Jim.
‘ Cards, cocktans, quids, and swipes!’
I hoflen pities vimin, Jim,
They ’as so much to wex
The iverry nal’ral sweetness
Os their seducin’ sex !
It’s a werry haivful time, Jim,
A- every ven must see,
V< n mortals try to stop our grog,
And Celestials stop our tea !
STRAWS.
POLITIC A L.
; i -S’ FROM THE HON. MARK A.
uoitii. co govs McDonald.
. ,i sJ. McDonald, Gu\ i.i nor
. • ■■ ‘ r o* a :
1 had I tie honor “to receive your com
! oi iiiicat.on ol the Bth in*!., covci mg the ore
j . inoie tuttl resulutiiiiis ul our legislature, aj>-
| proved iiie 24i,, .1’ December lasl. These
| have been liirwaiued io us puisuaul to i;i
----; situcuoiis ol the Lesiuaiuii'. I bey coni'aiu
| a ici ( uesl that limr lepretscntulive ;hete would
j L'luk'.u Oi ‘to have Ihe act ot Congress, [ers
it) I lie 12tb Fii.nuiiy, l?b3 In can'-'’ i:i*o
fs- t the mclioo ol l*e 4‘:i aii.cie ol iiie
CoustiiUhon ol tilt- Utilled Siai's, so aot. itd
etl as to auiimrose the deuiand oi a Utgiuve,
in (he cases couu tnj>iau.d, to tit* ic.ade tt|jo!i
circuit ol Inc Untied Slates tiaviuo
jir• i-5 iction m tin- fMate vviiercat -suc- i I'umilivi
o-iy ‘>• b-ctid. 2 ily. i o require ,ad jr:<i *r :
it io issue ms vv trraiii, di-tC'ed o the
maishai of the Loiled Slates iu such state,
requmnuf hito to ariesi tiie person therein
named. Sdiy. Po require sfiid maisiial ‘iiirlh
w'tri to execute the .same. 4 hiy. i’o make it
obliiratorv on said di.slriei j-n.l;;e to s rreuder
ilie lugilive so charged and dematided, to
the’ Executive of uie Slate or 1 erritory
where the offence is s*lle<red to b-tve been_
committed.’ A respect ai aii limes due to
iiie opinions and acts of the legisianire of the
State we represent, has commanded from me
.that careful and diligent exatuinaion ol the
subject, which its gravity demands.
The evils, which the proposed amendments
are designed to remedy, exist in the following
state oi facts : In May, 1837, a slave named
Aniens, the ; nperty of James and Henry
Sagms, of Savannah, Georg.:!, civ -.vi v
ed from Georgia to Mr t. i ; )m •
brook and E ‘ward K .|.*ran,cl i.’.ens ol'.Maine.
The former was master, the latter male, of
the schooner Boston. This vessel had re
cently entered the part of Savannah.
O.t llie Hill) June, of that year, James
Sagurs, on Ins oath, applied for and obtained
from a magistrate ol Chatham county, Geor
gia, a wanani lor (he arrest of Piiilbrook
and Kelleran, charged with * a felony undei
the laws of Georgia;’ 10-vvit, that of inveig
ling, stealing, taking and carrying atvay with
out the limits of the State of Georgia, the
slave Alliens. On tiiis warrant, a retain of
‘ Not to he found in the comity of Chatham,’
was made.
On the 21st of this month, Gov. Schley, of
Georgia, demanded of Gov. Dunlap, of the
Slate of Maine, ihe'peisons of Philhrnok and
Keileian, charged with the said otience, as
fugitives from the justice of Georgia. A copy
of the affidavit, warrant and return thereon,
accompanied this demand.
The demand was made hy virtue of that
clause of the Constitution, to erlorce which,
federal legislation is called lor. It reads thus;
‘A person charged in any Slate with Rea
son, felony, or other ci kye, who shall liee from
justice, and be Ibund in another Slate, shall,
on demand of the Executive autlio ity of
the State from which he fled, be delivered up,
to he removed to the Slate having jurisdic
tion of the crime.’ — ~d #ec. 4th art.
•To this demand, Gov. Dunlap replied, de
clining to cause these fugitives lo be deliver
ed up. This act of bis was, in December,
1537, deciared, by the legislature of Georgia,
to be ‘dangerous to the rights of the people
of Georgia, and directly and clearly in viola
tion of hue plain let'er of tlie Constitution ;
that the State of Georg a became a parly to
the Federal Constitution, no less for the pro
tection of her own, than the common rights
and interests of all; and that when these ends
are defeated, she is released from the obliga
tions of that c impact ; and it has become her
right and her duty to provide protection for
her people in her own icay.’
The same resolutions directed the finding
of an indictment, which sh< old become the
foundation of a renewed demand of those
fugitives —which demand being again refused,
! should make it the duty of Ihe Governor of
! Georgia lo transmit those resolutions to the
Legislature of each State, and to the Sena
tors and Representatives in Congress. They
also declared, that if the legisiature of Maine,
at then’ next session thereafter, should ‘ neg
lect to redress ihe grievance complained of,
then that the Executive of Georgia announce
j die same by proclamation, and call a con
vention of the people to take into considera- i
; tiou the slate of ihe Commonwealth of Geor
j oj3, and devise tire course of her future poli
i cv, and provide all necessary safeguards for
j the protection of the rig!.is of her people.’
i On the 7th February, IS3S, an indictment
nrr ist Piiilbrook and Kelleran, charging
‘ouy, was verified by a O -d
fa county, Georgia, fi Die !
?! A,- . Uicreafter, Goveinoi Gilmer,
- rassiii’ of Governor SchVy. made n ;
demand on Governor Kent, ihe succe-sor of-
Governor Du lap. A copy ot ihe indict
ment, and of the proceedings it was found •
| ed on, accompanied ‘.his demand.
| O i the -25th of June. Governor Kent de- !
rind to Jr liver up tie fugitives, so deai ind
i < and by v>r;ue of the Constitution and laws of
;iie L';.i n.
Or. ti e 19th of August. 1339, G vernor
Gilmer addressed Governor Fairfield, the suc
cessor of Governor Kent, desiring to know
the course Maine had adopted on the sub
ject of the resolutions of the Legislature of
Georgia. He received lor answer, that their
Legislature deemed it inexpedient to legis
late on the subject, since it belonged to their
Executive department.
In 1793, Congress passed a law, declaring
by whom, on whom, and in what manner, a
fugitive from justice, under the 2 1 sec. 4ih
article of the U. S. Constitution, should be
demanded, in these words, to-wit:
‘That whenever tlie Executive authority
of any S:ate in the Union, or of either of the
I'errilories, North, West, or South of the
river Oi io, shall demand any person as a fu
gitive from justice, of the Executive auth tri
tv of any snch State or Territory, to which
such person shall have fled, and shall more
over produce the copy of an indictment found,
or an affidavit made before a magistrate of
.1:13’ State or Territory as aforesaid, charging
t lie person demanded with having committed
treason, felony, or other crime, certified as
authentic hy the Governor, or chief magis
trate of the State or Territory from
t he p rso:i so charged fled, it shall
duty of the Executive'authority of the State
or Territory to which such person shall have
fled, to cause him or her to he arrested and
surrendered, and notice of the arrest to he
given to the Executive authority making such
demand, or to the agent of such authority
appointed to receive the fugitive, and to cause
t he fugitive to he delivered to such agent
when he shall appear.’
By the laws of Georgia, feloniously taking
and earning away a slave is a crime, pun
ished by confinement at hard labor in the
Penitentiary.
Under this slate of facts, ihe evil we are
under seems to he this : That the properly of
(lie people of Georgia may be stolen and car
ried to a sister Slate with impunity: That
the authorities of the State to which the thief
shall flee, will protect him against pursuit,
and rgiinst the justice of Georgia, in the litre
j of the Constitution.
j Phe law ol 1793 has been sirls‘!y pursued.
| It that could give virtue or validity to the
demands of the Governor of Georgia, then
’ none wanting. Still it appears, the law
is disregarded, and the Constitution of the
coun'ry \ iol tied.
Are constitutional obligations weak? And
have they c awed to he a rule of duty? Oi
ta the law of 1793 defective in such par licit
lars ns arc susceptible of amendments render
lag if efficient ?
!he law is defective in this: It is merely
; d<clara'ory, 0 ’nying no nuci on with >t. ii
p esr-Ups a duty on on Executive of a State,
‘■ i ‘ll Cong ess I-Rn .ot power to tin. ll is
therefore nugatory. — not binding on a State,
and cannot he made so try any act of this
Government. So has ihe Governor of Mane
cons dered it. Tliis would he true of any
‘aw teat might he attempted on the subject.
Con (I those who passed flint law have been
ignorant t at all laws imposing duties, or
cm.a es'dmg an act to he done, are nugatoiv
or inefficient without a junction? Whv then
did t ey not direct what should he done with
rh State whose Governor might refuse? The
only answer is. that they ii.eo field, what we
now believe, I hat a,State cannot be coerced,
n . i, .rfcve iia exercises the right oi
judging.
But your Excellency and the Ltnr-'Utu .* !
think lli re is an a met- w’-tch this Go
vernment is compel w o’, that, would
be efficient, or mig! - ... uv tin: evil. On
this subject t have the misfortune to (litter
with your Excellency and the Legislature,
in such sort s that duly to those i represent,
au l ti) the supreme law I am sworn to .sup
port,requires me to decline presenting the res
olutions, or a item;-ing-do procure the proposed
! amendments.
lon say that the t! ird resolution, ‘if car
ried out by n:i acl of the federal legislature,
will deprive ihe authorities of any Stale oi’
the power of refusing to surrender a fugitive
upon demand, b cause the act charged upon
him as a crime may not be recognised as a
crime in a Suite or Territory to vvh.ch lie
may have fled.’
The principle here assumed by your Ex
cellency, is one I cannot act on, believing, as
I do, that Congress cannot eprive ihe Slat, s
of anv power they may have. This stipula
ion in the 2d sec. 4 hart, of ihe Coristinniori,
is noihing more than an agreement between
the States, evidenced by 11 te solemn forms of
the federal compact; and as a result of our
form of government, Ihe federal power has
no authority to enforce il. or punish its viola
lion. Its ex< cuiion rests with the Slates, and
Will be ob ervec With fidelity, or broken with
indifference, according as ttie State called on
may feel or disregard the obligations of her
constitutional engagements, in the case be
fore us, Maine seems not to feel, but to disre
gard her obligations. This, if other'parties
lo the compact were not interested , would
propably lead to hostilities, being just cause
for war between nations. With us the eflect
is the same, unless averted, should the people
of our State refuse to submit to this denial ol
their right of property
Assuming that the evi’ arises from a defect
of the law of 1793, you propose to alter it so
as to require the ‘ demandji to be made on
t e j idff.ial olllc u- of this Government
instead of being made on the officers of the
Stale. To enforce the ‘ delivery,’ you pro
pose to use the Judge’s warrant in tfie bands
of the U. S. M iisha!. And by the 31 reso
lution, on which you place so much reliance,
it is proposed, ‘ to make it obligatory on the
said D,strict Judge to surrender’ the fugi
five.
In doing Ilfs, you must provide that, in his
judgment, it is right he should be surrender
ed. (or thinking he ought) that the Supreme
Court shall not overrule him; and that the
Stale would first surrender the man to him,
or (refusing) that the President and Cong;ess
would give the army and navy to command
him into his custody. Al! these provisos in
volve important principles, most of which xve
disavow. Yet they are distinctly couched in
the policy of the preamble and resolutions.
Upon what do they go? Evidently on
these grounds : That Congress may give to
the Federal Judges jurisdiction over this sub
ject. 2d!v, That the Stale to be acted on,
will submit. 3-dly. If she refuse, that the
Federal Government will drive her to it.
By ihe preamble it is maintained : That
Ill's 2d sec. 4th art. is a ‘ conventional’ agree
ment between the States; That the ‘Sover
eign States’ give to the Federal Government
‘ all the powers necessary and proper,’ to
regulate their ‘ intercourse:’ That the pur
suit and arrest of a ‘ fugitive from justice,’
is a part of that intercourse;’ And that it
lis‘ jj ec.-'ary u:d ; -jr’ that the Federal
j Government sliou-J have t lie power to do
! what you propose to ask them to do. From
[ these positions, is hen asserted the existence
| o ‘ such now- r, and we are thereupon request
! ed to ir voke its aid.
Tics inletence of‘powers,’ by what is
!: cm and ‘n c -ssary and proper,’ when no
- over is specified O’ enumerated, is at vari
, mre with the idea of limited ami delegated
j‘ p overs ’ It is therefore repudiated.
I cm ot conceive that the ‘intercourse’ to
\ be regu afeii by this Government, between
the ‘ Sovereign States,’ can properly be t.l-
leged to refer to the demand of a fugitive
from justice, guilty of ‘ treason* fir example*
Hus would merge ‘ sovereignty in its most
essentia! point.
t his ‘ conventional* agreement is required
by the terms of it, to he carried mil by tlie
Slates, or their authorities. They have the
right to say who those authorities shall be,
and under their sense of obligation and duty,
to judge when an alleged fugitive shalfcbe de
livered.
By the Constitution, no jurisdiction is given
to the Federal Courts over this subj ct. By
a law of Congress you cannot give it; and
it von could, it would not be desirable.
This jurisdiction cannot lie inferred from
the specification i-> regard to controversies
between States, ‘since it is to prevent a con
troversy that you would give this power to the
F deral Judge, and thereby deprive the State
of the power to refuse. Controversies like
ibis are not within the meaning of the Con
stitution.
The protection of ihe eiilzen is first due
from the State ; and to her his allegiance is
primarily to be pail. Any law changing
this relation, unprovided for by the Constitu
tion, is void.
In making it ‘ obligatory’ on a Circuit
Judge to have the fugitive surrendered, on a
demand made of him by the Executive of a
State or Territory, it is not perceived that
you bring Government, politic;)lly, in collis
ion with one State, at the instance of another?
Was this ever contemplated? Give the Judge
the power neeessasy to fulfil his obligations,
and do you not subjugate the State? With
out that power, is not the law ns inefficient
as it now is? When no resistance could be
made to Ihe Federal Court, it is not to be
supposed the State would refuse to deliver
at the demand of a Slate.
Bat by giving this power to the Circuit
Judge, thus to deprive a State of the power
to refuse, you necessarily give him the power
to decide adverse to the demand. Can you
suppose that he who is educated into all the
prejudices and sympathies of those around
lorn, residing in the very community of vour
adversaries, sharing their bounty, add par
taking of their hospitality, possibly called to
<dlice from party considerations—could fail to
be influenced by the same arguments, motives
and incentives, which have induced the Ex
ecutives of two Slates to determine against
you ? As well might we expect to obtain
impartiality in a juror Selected from the fluni-
I. accused. Under such a state of things,
our rights would be less secure than at pre
sent.
There is one ot! er reason, however, which
with me is paramount. The constant ten
dency of our system is to weaken the mem
hers of the Union, by an accumulation of
power in the Government of the Union.
This is done habitually by repealed applica
tions on the part of the States, to this Go
vernu ent, for aid, pecuniary or pohtie.al, to
do tint which, for want of means energy or
moral courage, they feel incompenteni to
perform. This is growing into a system, and
III v precedents which obtain under it. are da*
ly undermining and supplanting the plain i
-of our Constitution. The effect in the
present instance is to cherish a sense of weak
ness ; So rely on others, when relnnce should
I be on ourselves; to Ibrepo dutv to our right
1 and place hem anu our Highest interests in
j die keeping ot those who are not only iiulo
j pendent of us, ‘ait art at ;: im ‘/pendent !
lon those we have to contend with. 1’
clearly perceived that a hope for justice, tin
der such cucurmtances, is ‘ against hope.’
Bui suppose that the Judge should decide
adverse o the demand, what is your remedy?
Bring an arbiter of your own choosing, you
can siv nothing. Suppose Congress being
appealed to, shall take a different view of
your rights and interest, from that you pre
sent, what complaint cm you then make? In
any view I can take, weakness is the result.
But risking a decision against us, suppose
it to he in favor of the demand in the case
before us, would not M tine find authority in
the history of Georgia ; in the ‘Passels; the
M s-nonary, and other cases, for disregarding
the man ‘ate of tl e Circu t Jndee? What
then would Georgia do? The answer, I
i confess, may hr made by asking what can
she now do? But the question is not fully
met, since i* is clear she might now attempt,
with prospect of sue ‘ess, what she would
certainly fail in, under the proposed amend
mens.
To supp'v, by inference, implication, ne
cessity and propriety, the defect of powers
reposed or withheld from the Federal Gov
ernment by the framers of the Constitution
is the settled purpose of a pervading influ
ence here. To aid this every precedent,
however erroneously founded, or incautious
ly adopted, is referred to as an expounder of
the supreme law. And it is even now true,
that the vractice of this Government is sub
stituted for its Constitution? Nay, a more
dangerous rule still is setting up here, by
which (instead of the rule fixed by the Con
stitution,) to judge the important interests in
volved in this controversy. A rule, peculiar
to no country ; no wl ere adopted ; written
in no hook of laws ; but coming from above,
is said to he of oh igalions soperi >r to all laws.
Does ii not become us, who can hope or ex
pect no good to come from an evi 1 precedent;
who cen'end for right and justice for their
own sake; who cannot fail to suffer by every
departure; and who have no security save in
the Constitution; to avoid the very appear
ance of acquiescence in the assumption of a
power bv Congress to decide di eclly or in
directly, questions which lie at the foundation
of the civil rights that exist in our domestic
institutions? If we are not prepared to enter
on a policy that yields them up, we must
promptly close the door against such at
tempts.
Another consideration has weight here. It
is this: In 1837, tlie Legislature of Georgia
declared in this very case, by anticipation
that bv this open violation of the compact on
the part of Maine, 1 she. is released from, the
obligations of that compact; and it has be
come Iter right arid her duty to p'ovide pro
tection for her peo; le in her own way? In
this I think she was fully sustained.
The course now recommend and is a reced
ing from that of 1937, being an appeal to
Federal Government to protect ourpeopeby
the judgment of its court, which, as I said,
may or may not accord with what our peo
ple might hold to be right. To adopt this
recession from she true ground taken in 1937,
I cannot be instrumental.
Such, sir, are my views of the interests of
our State, and such the course I have felt it
my duty to adopt, together with some of the
reasons that have governed me. With great
respect, they are submitted. You will no
doubt feel it due to ihe Legislature and the
people, to give speedy publicity to this. I
shall be p'eased if you will do so—the mo:e
at this lime, in order that the earliest oppor
tunity may become available for the correc
tion. bv the people, of any eiror I may have
made, to the end that their interests may be
ful'v, truly, ami wisely retires nted here. I
have the honor obe vour f b and en’ servant,
MARK A. COOPER.
M Mien, 6, 1840.
F. s.—Your Excellency will perceive that
thisroommunication hears date 20th January.
This is my apology for not sending it heloie
now: It was written under a suggestion that
each of tho delegates should prepare a repy
to be submitted to the assembled delegates.
Irom which an answer, common to all, miglu
be presented. This has been deferred Iron’
time to 11 me, until, hy circumstances beyond
my control, -it becomes mv duty to Howard
ili^^ — ’ * M. A. C.
f EXECUTIVE DEPARTMENT. )
’ Miiiettoeville,Ga. March 25, tS-10. J
‘Hon. M*hk A. Coop ka,
Sir: I have ihe honor to acknowledge the
receipt of your communication, making known
your determination not to comply with ttie
request of the Legislature, made of you as
one of the representatives of the people of
Georgia, in the resolutions forwarded to you
on the Bih of January last, and assigning
your reasons for it.
It would, doubtless, have been gratifying I
to those by whom this request was made, to
have found that your opinions both of the
expediency of the measure proposed and the
constitutional power of Congress to have
adopted it, so far coincided with their own,!
as to have justified you in urging it.
In your argument, you refer to a sugges- j
lion made by myself, and which accompanied
the resolutions, viz: “that the third resolu-j
tion if carried out by an act of lederal legi.sla- j
tion, will deprive the authorities of any State I
of the power of refusing to surrender a fugi- j
tive upon demand 1 , because the act, charged
upon him as a crime, may not be recognised
as a crime in a State or Territory to which lie
may have fled;” and you say that the prin
ciple assumed by me is one on which you can
not act, because you do not be ieve that Con
gress can deprive the Slates of any power
they may have.
Have the authorities of one Stale the right
to refuse to surrender to the Executive au
thority of another upon demand, a fugitive
from justice ? Have they the legal, or con
stitutional power to do it? Have the Stat-.s
1 not surrendered the power of refusal by the
adoption of the Constitution, containing the
provision, that “ a person charged in any
State with treason, felony, or other crime,
who shall flee from justice and he found in !
another State, shall on demand of the Exec- j
otive authority of the Slate, from which he
fled, be delivered up” &c. &c. ? If iliii 1 States ;
then hy adopting the federal constitution,
yielded this power and right of refusal, have !
they at any subsequent time, resumed it?
There has been no resumption of it, and the
amendment of the statute of the United S ales
as proposed by the Legislature of Georgia,
wool ] not deprive a Slate of any p nver which
site possesses, and could not therefore conflict
in the slightest degree, with the principle
whist you have laid down.and which lad
mil to he a sound one, “ that Congress can
not deprive the States of any power they may
have.” ft cannot have escaped yourobserv- \
ation, that the Governor-of one of the States]
of the Union, has refused to surrender a fugi
tive from justice, because the act charged
as an offence, is not constituted a crime by
the laws of the State whose Executive < fficer
he is. It must be admitted that each State of
the confetL ‘ ’ has power to enact all laws
necessary to protect its citizens, in the en
jot . u! of its civil rights. The States have
j conctuVd no such power as t!.is. As the ob
| jects of pe-j < rtv are different in some states,
: tiie laws imeuded to ; o.ect the rights of the
cm: /en must. vary. \Y. at is made penal by
the laws of Georgia or Virginia, is no crime
in Maine or i t New iioik. But it was never
intended by the framers of the Constitution,
nor ;lie Slates which adopted it, that Georgia
or Virginia, should not in all respects have
the same means of giving efficiency to their
law, protecting the property of their citizens
respectively, as the Suites last mentioned,
because those States have no necessity tor
enacting the same penal laws.
H dice the propriety oflh- amendment pro
posed by the 3d resolution, that wnen the act
charged as a crime is so declined by the laws
of the Stiite or I’erritory where Ihe accusa
tion is made, the fugitive shall be surrendered.
It leaves no discretion, and deprives the au
thorities of whom the demand is made of the
power of saving that the act charged in the
affidavit or Bill of Indictment is no offence hv
the laws of the State or Territory in which
the criminal has taken refuge. As I think I
have answered vourobj ctions to the sugges
tions made by myself 1 might stop here; but
as 1 believe you misapprehended Ihe obj ct
of I will oiler a few more re
inaiks for your consideration.
The Constitution of the United Slates is
explicit, that the demand of a fugitive from
justice, shall he made by the Executive autho
rity of the State from which he fled, but ii
does not dec! ;re upon whom ihe demand shall
he made.
The act of 171)3, which you consider nu
gatory, requires the demand to be made upon
the Governor of the State to which the crimi
nal may have fled. The cas< j s to which re
ference h made in the preamble to the resoles
lions certainly “demonstrate the utter ineffi
eieuc;. of the law for carrying into effect the
provisions of the Constitution,” on this sub
ject. Ii has been dbreg iriled, and you nsscri
tl at “ a State has a right, under its sense of
obligation and duly to judge when an afeilged
fugitive shall be delivered.” 1 cannot admit
the correctness of this po ation, — f>r if one
S ate lias the right to refuse, the demanding
State has no right o complain. The right to
deman ! and the obligation to deliver must be
reciprocal. These antagonist and incorisr t
ent rights to demand and refuse , cannot be
and rived from the same supreme law. The
State making the demand, does it under the
Constitution; and the obligation to deliver is
imposed by that instrument, and does riot rest
upon impl cation —the language is imperative,
‘shall he delivered; : &c. But who shall deli
ver? Congress, it was believed by the Le
gis'ature, could, without an usurpation of
power, or an infraction of the reserved rights
of the S;ates, enforce this clause of the Con
stitution. The amendments proposed, if pas
sed by Congress, would confer no addin >nal
judicial authority. The Judges would be
required to perform a ministerial not a judi
cial act. The commitment of an offender is
a minis'erial act. The C rcuit or Dlstiici
Judge would he required to cause the indivi
dual changed, to he arresled, and committed
or de!ive r ed to the authorities of the State
wl ere the off-nee was committed. The na
ture of the case excludes the idea of a judicial
investigation. The warrant would be issued
nga'nst the culprit, who, I apprehend, it will
not be contended, constitutes the Sta’e, and
whose arrest and delivery to the offended
State, cannot be tortured into an infraction of
State rights. No process would be directed
against a State, nr the Executive officer o! a
State, as in the Tassellsand Missionary cases.
It would proceed against the individual. It
is true, a State might constitute itself : n nc-
c p s3ory to felonies committed out of i's juris
diction, bv enacting a law', that it will'gire
protection to all felons who will escape from
a State where they are accused, and take
tefiige within its limits. It is scarcely conjee
t'trable that any State of this confederacy
would enact such a law. It will he time
•nough to consider that case when it arises.
I cannot assent to I lie soundness of the ar
gum ut, which is drawn bom he supposed
prejudice or corruption ol the officer who may
he charged vvitfi the execution ot the Uw
All laws are passed upon the presumption
that the pulfifc functionaries, to whom is
committed the duty of executing them, wilt
discharge their trust with fidelity. If the law
maker had abstained in all cases from the
enactment of wholesome laws, from a fear of
>Pwir nial-adminisiration, niattv of lliestalutes
contained in our Own D gest, intended to pro
iniiVe the happiness of the society in which
we liye, would never have obtained a place
there. One Department ot the Government
should never shrink trout the performance oF
its duty, fiom an apprehension that another
to whom is confided tfie power of giving effect
to its acts ntav lie too inefficient, prejudiced,
or corrupt, to carry out its measures.
I cannot conceive that Georgia lias weak
ened her cause, by her efforts to obtain her
constitutional rights, by the use of pacific
means. She has acquired strength by Iter
course; ami whatever measures it nitty be
her policy hereafter to adopt, she cannot fait
to have the approval, if not support, of h#r
sister Stales of the Union.
I have the honor to be,
Very respectfully, vour ob’t serv’t.
Charles j.'McDonald.
SENATE, March 26,1840.
NORTHEASTERN BOUNDARY„
The Chair submitted the billowing mes
sage from the President of the United States j
To the Senate of the United States :
I transmit to the Senate, herewith, copies
of official notes which have passed between
the Secretary of S arte and the British Minis
ter, since rnv last message, on tlie subject of
the resolutions of the 17th of January.
M. VAN BU'REN.
Washington, 2Gih March, 1840.
Mr. Fox to Mr. Forsyth.
Washington, March 13,184 fr.
The undersigned, her Britannic Majesty’*
Envoy Extraordinaiy and Minister Plenipo
tentiary, his been instructed by his Govern
ment to make the following communicat or!
to the Secretary of State of the United States,
in reference to the boundary negotiation, and
the affairs of the disputed territory.
Her Majesty’s Government have had
under their consideration the official note ad
dressed to ihe undersigned by the Secretary
1 of State of the United States, on the 24th of
last December, in reply to a note from the
undersigned of the 2J of November preceding,
in which the undersigned protested, in the
name of his Government, against the exten
sive system of aggression pursued by the peo
ple of the Slate ofMaine within the disputed
territory, to the prejudice of the rights ol
Great Britain, and in manifest violation of
the provisional agreements entered into b
: tween the authorities of the two countries at
j the beginning of the last year,
j Her Majesty’s Government have also had
i their attention directed to the public message
! transmitted by the Governor ofMaine to th
Legislature of the State, on the 3J of Janua
ry of the present year.
Upon a consideration of the statements
contained in these two official documents, her
Majesty’s Government regret to find that the
principal acts of encroachment which were
denounced and complained of on the part of
Great Britain, so far from being either dis
; proved, or discontinued, or satisfactorily ex
i plained by tiie authorities of the State of
] Maine, aie, on the contrary, persisted in, and
j pub icly avowed.
Her Maj ■sty’s Government have conse
! quenily insi: ueted the undersigned once more,
formally to protest against those acts of en
croachments and aggression.
Her Majesty’s Government claim and ex
p-cl fiom tfie good faith of the Government
of the United States, that the people ofMaine
shall replace themselves in ilie situation in
which they stood before the agreements of
last year were signed—that they shall there
fore retire from the valley of Si. John, and
confine themselves to the valley of ihe Ar. os
took ; that they shad occupy that valley in
a tempo;ary manner only, for the purpose,
as agreeJ ufoi, of preventing depredations;
and that they shall not c >nsh net foilifications,
n >r make roads or permanent settlements.
Until ths be done by the peo oleos the
Slate of M fine, and so long as thal people
shall p rsist in ihe present system ofaggres
so,:, her Majesty’s Government, wi I fi el it
th ir duty to make such military ariatigements
as may he reqmn and for thy protection of tier
Majesty’s rights. And her Majes v’s Govern
ment deem it right to declare that it ihe result
of the unjustifiable proceedings of the State
of Maine should be c< llision hetv.en her
Maj’ sty’s troops and the people of that State,
the re-ponsibi tty of all ihe consequenses that
may e tsite th -refrom. be :hev what they may,
will rest with tlv* people and Government of
the U >ited Slates.
The undersigned has been instructed to
add to this common culi >n, that her Majes
ty’s Government are only waiting for the de
tailed report, of the British commissioners
recently employed to survey the disputed ter
ritory, which report, it was believed, would
lie completed and delivered to her Majesty’s
Government bv the end of ihe present month
n order to transmit to ihe Government of
v e United States a reply to their last propo
sal upon the subject of the boundary nego
tiation.
Tt.e undersigned avails himself of fids
occasion to renew to the Secretary of State of
the the United States the assurance of hi*
distinguished considers tion.
H. S. FOX.
Hon. John Forsyth, &.c.
Mr. Forsyth to Mr. Fox.
DEPARTMENT OF STATE, >
Washington, March 25,1840. (
The undersigned, Secretary of State of th*
United States, acknowledges to have received
Mr. Fox’s communication of the I3th instant,
in reference to the boundary negotiation and
the affairs of the disputed territory. The in
formation given in lire closing part of if, that
a reply to the lasi proposition f the United
States upon tiie subject of the boundary may
be expected in a short lime, is highly gratify
ing to the President, who, has, however, giv
en directions to the undersigned in making
th s acknowledgment, to accompany it with
the express o i of his profound regret that Mr.
I 4 ox’s no e is in no other respect satisfac'o •*'.
After the arrangements which, in the be
ginning of list year, were entered into on the
part of the two Governments with regard to
the occupation of the disputed territory; tho
Pr sident had indulged the hope lliot the
causes of irritation which had grown out of
this branch of the subject c.nd I have bee**
removed. Helving on the dispo-ii on of
M ine to co-operate with the Federnl Govern
ment in all that could lead to a pacific ad
jo tment of the principal question, t e Presi
diit fell confident that his determination to
mamtain order and peace on the border would
be fuilv carried out. He looked upon all ap
prehensions of designs by the people ofMaine
to take possession of the territory, as without
adequate foundation; deeming it improbable
that in the eve of an amicable adjustment of
1 .le question, any portion of the American
[7xo. 8.