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WILLIAM E. JONES. AUGUSTA, Ga. TUESDAY MORNING, MARCH 12, 1839. Vol.III._No 29
TUB CHROMCLE AM) SKSTISEI.
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CHRONICLE AND SENTINEL.
V AUGUSTA.
f MONDAY MORNING, MARCH 11.
The National Intelligencer of the Ist says:—
“Major General Scott, who has been for some
days past in this city, left it yesterday, on his way
to the Northeastern frontier, under instructions
from the Executive Department of the Govern
ment. Ho took with him, of course, copies of
the temporary arrangements concluded between
the Secretary of State and the British Minister in
this city.”
Correspondence of the Charleston Courier.
Congressional.
Washington', March 3.
Tfolh Houses sat, last night, till a late hour, en
gaged upon the War Question. The excitement
here is very great, while at the North, it is said to
he abating. Three-fourths of both Houses are
ready to make war, in case the British authorities
, hould persist in enforcing by arms an exclusive
jurisdiction over one foot of the disputed territory.
Furthermore, they are to bring the dispute itself
to a close, by war, in case the British Government
should not promptly, and without any more diplo
matic trilling, yield her unfounded pretensions to
he territory in dispute. Such is the determina
tion of nine tenths of the people of the United
States, north of us, and there is every reason to
believe that the people of the Southern and West
ern States arc equally ready to appeal to arms, in
support of the national honor. The South has
her grievances, and of such a nature are they, that
they can be redressed in no other way than by
war. The Bahama outrage has been repeatedly
alluded to in terms of strong feeling by the South
ern men. The West, too, complains of insult and
injury from the imperious and grasping Islanders.
Her fur trade is broken, and the savages have
been incited to war upon her frontier settlers. In
addition to all this, Great Britain has planted her
self upon the territory of Oregon, and, but for
the threatening state of things on the North east
ern frontier, I believe that Congress would, at this
session, have provided for the military occupation
of that territory, and for the protection of the cili
xens of the United Stales trading on the river
Columbia. Should the war be gone into, it will
KQiot stop, until British rule is driven out of the
Canadas, nor until her footsteps shall disappear
from the vast regions of the North-west even
though, as Mr. Biddle says, it might last for ten
years. That a war would give England posses
sion of Cuba, and, thereby, make her a danger
tons neighbor to the Southern frontier of the
'Union—though it has been suggested in the de
bate, is a thing that can never happen. Britain
has lost her naval supremacy. France and Rus
sia would combine to prevent so gross an act of
treachery and cupidity. But France alone, with
her superior naval power and her superior skill in
engineering, would successfully resist the attempt.
The Senate, last night, passed Mr. Buchanan’s
resolutions, after a long debate, in which the chief
objection urged against them was, that they did
not go far enough to sustain the position taken by
the State of Maine. The second resolution,
which is the most important, corresponds with the
first section of the bill before the House, and de
clares that, if the British authorities persist in
maintaining exclusive jurisdiction, by arms, it will
become the duty of the President to repel the in
vasion.
The resolution is merely a recommendation to
the President to do, in the contingency, what the
Constitution requires him to do, in case of inva
sion. He could employ the army and navy and
militia, in repelling the invasion, without waiting
for the action of Congress, which could not be
called together, probably, before July or August.
So far the Senate go, at present. But the
House are disposed to go much further. The
Committee rose, last night, without coming to any
conclusion upon Mr. Howard’s bill. Mr. Pickens
had moved to strike the second section of the bill
which authorizes the President, in case of inva
sion, before Congress can be convened, to raise a
provisional army of twenty thousand men.
To the other sections, authorising the Presi
dent to resist any attempt to enforce jurisdiction,
vfcy arms, in the disputed territory; to borrow ten
millions; and to send a special minister to Lon
don, lucre was but little objection.
About nine or ten o’clock, however, it was an
nounced to the House that the Northern mail
had brought intelligence that a courier was on
his way from Sir John Harvey, to Mr. Fox, in
| fornfng him that he had suspended his intention
to enforce jurisdiction, and would be governed by
his advice, as to his proper course. The recom
mendation of Mr. Fox and Mr. Forsyth to the
respective parties concerned would, in this case,
be received, in time to prevent any hostilities.
Mr. Wise, therefore, moved to substitute the
Senate Resolutions for the House Bill, and, at
this point, the Committee left the question.
The debate was resumed, in Committee, at 13
K o’clock, this morning, and was continued till the
E hour for recess, with great ardor; but no question
was taken. Mr. Cambreleng called the attention
of members to the fact that this was the last day I
Mr of the session, unless we met to-morrow, (Bun-
Bi day,) which he hoped we would be able to avoid;
* and called upon them to bring this debate to a
close, in order to act upon the Navy bill, the In-
W> lan bill, and the Civil and Diplomatic bill, which
J ~rve been returned from the Senate with amend
ments. The admonition has not yet been heeded
and, I believe, they will sit all day to morrow.
Mr. Cushing replied to day in a tone of much
severity to Mr. Diddle. Mr. Adams also spoke,
and particularly in reply to Mr. Biddle, or rather
in attack upon him, for having taken the British
.side of the question. Mr. A. maintiined that, if
(fhc British Government could offer any thing in
. support of their pretensions it must be the very
arguments that had been urged with such ability
I and ingenuity by the gentleman from Pennsyl-
Sc'ftfiia. He had no doubt that Lord Palmerston
* would take his load from those arguments, aware
>lhat they would bo cast into our teeth. Mr. Bul
)le evidently feels very sore upon the subject,
’he worst of the affair is that Nicholas Biddle
as been here since the question arose, as the
spresentative of the interests of his Bank, and ;
)at the impression has been created that the j
beech was intended to stop the downward ten- |
Incy of the stocks.
t Washington, March 3.
Ipoth Houses of Congress are in session,
Bty adjourned about 3 o'clock, this morning.
■ met again at ten.
The \V ar Bill, or rather the bill to authorize
and enable the President to repel invasion, passed
the House last night, by nearly an unani
mous vote, and was, immediately, and without
debate, unanimously passed by the Senate,
The bill is a sufficiently strong and efficient
one. The second section was striken out; but
in lieu of it, a provision was inserted, authorizing
the President, in case of actual invasion or im
minent danger thereof, to accept the service of
fifty thousand volunteers. It also appropriates a
million of dollars to fortifications on the North
ern frontier, in case the President deem them ne
cessary. It also authorizes him to borrow ten
millions of dollars ; to employ the army and
navy of the United States, and to send a special
minister to England.
Mr. Howard, of Maryland, Chairman of the
Committee of Foreign Affairs, will, it is said, re
ceive the appointment of Special Minister.
There were but six votes in the House, against
the engrossment of the bill. It will shew the Bri
tish Government that there is a determination, on
the part of the people of this country, to main
tain their right to the territory in dispute, and to
bring that dispute to a close; and may be the
means of preventing a war between the two
countries.
The State of Maine, by her own rashness and
imprudence, may however, by possi >ility, put her
self in the wrong. She may, without waiting
for the termination of the negociation, and with
out respect to the admonition of the President,
proceed to take possession of the disputed terri
tory by force of arms, and thus become the ag
gressor. In this case, I have no idea that the
United States will consider themselves bound to
go to war for the protection of Maine. The
right of making war is in Congress, and if a
State usurp it she must make thewaron her own
hook. It is clear enough that one State cannot
drag the whole Union into a war. Mr. Lcgare,
though he supported the bill out and out, took
occasion to explain to Mr. Adams, that for him
self and his constituents, whose sentiments he
was sure that he spoke in this matter —he had no
idea of giving the State of Maine carte blanche
to do as she pleased. Mr. Adams expressly stated
however, in reply to Mr. Lcgare, that he did not
mean to pledge the country to support Maine
more than far as otic might he right—that he
would support her so far as she had gone, fur he
approved for what she hud done.
The Senate, to-day, is engaged in passing the
private bills from the House.
The House has taken up several appropriation
bills, returned from the Senate, with amendments.
A Committee of Conference has been ordered
upon a disagreement, between the two Houses,
as to a provision in the general appropriation bill,
for executing the printing, binding, &c. of tfle
Department, by contract.
There is a provision in this bill for a salary
fora Minister Plenipotentiary,at Constantinople.
Com. Porter will probably return and fill this
situation.
From the Baltimore American of the sth,
The Twenty-Fifth Congress closed its third
and final session yesterday morning at 5 o’clock.
Our correspondent’s letter published yesterday
furnished a notice of the prominent proceedings
of both Houses until midnight of Saturday.—
The House remained in session until four o’-
clock on Sunday morning—adjourned to meet
again on that day at 10 A. M.—rc-asscmblcd at
that hour and sal till three, P. M.—took a recess
until half past four, P. M.—and then met again,
and remained in session until the final adjourn
ment, nine die, at two o clock on Monday (yes
terday) morning.
The Senate was also in session on Saturday
night until near daylight on Sunday morning,
and after two recesses during the day, remained in
session until the final adjournment at 5 o’clock
on yesterday morning.
It has been already stated that the important
bill growing out of the Maine Border difficulties,
1 reported by the Committee on Foreign Affairs,
passed the House, as amended, on Saturday night,
by a vote of 801 yeas, to 6 nays, and that it
subsequently passed the Senate by an unanimous
vote. The hill was immediately approved by
the President, and is now a law in the following
shape:
LAW FOR THE DEFENCE OF THE UNITED
STATES
An Act giving to the President of the United
States additional powers for the defence of the
United Stales in certain cases, against inva
sion, and for other purposes.
Beit enacted by the Senate and the House of
Representatives of the United Slates of America
i)i Congress assembled,'Thai the President of the
United States be, and he hereby is, authorized to
resist any attempt on the part of Great Britain to
enforce, by arms her claim to exclusive jurisdic
tion over that part of the State of Maine which
is in dispute between the United States and Great
Britain; and, for that purpose, to employ the
naval and military forces of the Lhiiled Stales and
such portions of the militia as he may deem it
advisable to call into service.
Sec. 2. And be it further enacted, That the
militia, when called into the service of the United
States by virtue of this act, or the act, entitled
“An act to provide for calling forth the militia to
execute the laws of the Union, suppress insur
rections, repel invasion, and to repeal the act now
in force for those purposes,” may, if in the opin
ion of the President of the United States tljiiqmb
lic interest require it, be compelled to serve for
a term not exceeding six months after the arriva
at either place of rendezvous, in any one year
unless sooner discharged. ,
Sec. 3. And be it further enacted, That, in
the event of actual invasion of the terrilo.y of
the United States by any foreign Power, or of
imminent danger of such invasion discovered, in
his opinion, to exist, before Congress can be con
vened to act upon the subject, the President of the
| United Slates be, and he is hereby, authorized, if
he deem the same expedient, to accept the service
of any number of volunteers not exceeding fifty
thousand, in the manner provided for in an act
entitled, “ An act authorizing the President of the
United States to accept the service of volunteers,
and to raise an additional regiment of dragoons
or mounted riflemen, approved May 23, 1830.
Sec. 4. And be it further enacted, That, in
the event of either of the contingencies provided
for in this act, the President of the United
States shall be authorized to complete the public
armed vessels now authorized by law, and to
equip, man, and employ, in actual service, all the
naval force of the United States; and to build,
purchase, or charter, arm, equip, and man such
vessels and steamboats on the Northern lakes and
rivers whose waters communicate with the Uni
ted States and Great Britain, as he shall deem
necessary to protect the United States from inva
sion from that quarter.
Sec. 5. And be it further enacted, That the
sum of ten millions of dollars is hereby ap
propriated and placed at his disposal tor the pur
pose of executing the provisions of this act; to
provide for which (he Secretary of the Treasury 1
■. •
**' 1 ~~~ ■ 'ili TfrjjSii
is authorised to borrow money on the credit of
the United States, and to cause to lie issued cer
tificates of stock, signed by the Register of the
J reasury, for the sum to be borrowed, or any part
thereof; and the same to be sold upon the best
terms that may be offered, after public notice for
proposals for the same: Provided, That no en
gagement or contract shall be entered into which
shall preclude the United States from reimbursing
any sum or sums thus borrowed after the expira
tion of five years from the first of January next;
and that the rate of interest shall not exceed five
per cent, payable semi-annually.
Sec. fi. And be it further enacted, That the
sum of eighteen thousand dollars be, and the
same is hereby, appropriated, out of any money
in the Treasury not otherwise appropriated, for
outfit and salary of a special minister to Great
Britain: Provided, The President of the United
States shall deem it expedient to appoint the same.
Sec. 7. And belt further enacted, That in the
event of cither of the contingencies provided for
in the first and third sections of this act, the Pres
ident ot the United Slates shall be authorized to
apply a part not exceeding $ 1,000,000 of the ap
propriation made in this act to repairing or arm
ing fortifications along the seaboard and frontier.
Sec. 8. And he it further enacted. That
whenever militia or volunteers arc called into the
service of the United States, they shall have the
organization of the Army of the United States,
and shall receive the same pay and allowances.
Sec. 1). And be it further enacted , That the
several provisions of this act shall be in force un
til the end of sixty days, after the meeting of the
first session of the next Congress, and no longer.
JAMES K. POLK.
Speaker of the House of Representatives.
WM, R. KING.
President pro. tem. of the Senate.
Approved, March 3, 1839.
M. VAN BUREN.
The six members of the House who vo.ed
against the Hill were Messrs. Cranston, Davies.
Giddings, Maxwell, Stratton, and Wise.
Our correspondent writes us under date of
Sunday, 4, P. M.—“ Since the disposition of the
Maine Bill, giving the President power to protect
the Country in case of invasion, the House has
passed a large number of bills, and the Senate a
still greater number.
During the day both Houses have been engaged
in the discussion of amendments to the' general
Appropriation Bill, concurring and non-concur
ring in amendments. The President has ap
proved all the bills, including the important one
relating to the Protection of the Country.”
Washington March 4, 1839.
HOUSE OF REPRESENTATIVES.
After I closed my letter at 4 P. M. yesterday,
the House rejected the Massachusetts claim, an
amendment to the army bill, by about 20 votes.
The Army Bill with about forty-five amend
ments wasthen passed andsentback to the Senate.
A motion was made to go into Committee of
the Whole on the Cumberland Road bill, but the
House refused 77 to 74. Cn the appropriation
in this bill hung the hopes of the members of three
of the Western States.
The House then went into committee on mis
cellaneous bills. A bill for encouraging the use
ful arts (connected with the Patent office,) and
a bill for the erection anew Jail in the District of
Columbia were finally passed. The House then
spent the remainder of the time, until near 3 o'-
clock, in the consideration of amendments to the
public bills and the adoption of resolutions.
Previous to the adjournment a vote of thanks,
was tendered to the Speaker for his impartial per
formance of his duties, to which he made the usual
farewell address.
UNITED STATES SENATE.
Among the bills taken up by the Senate was a
joint resolution, to distribute the Madison papers,
which Congress ordered to be printed at the last
session.—This resolution, which had been reported
from the Joint Committee on the Library, was
passed in the usual manner without discussion
and sent to the House for concurrence. There
concurred in, it was returned to the Senate in the
usual form. Some of the Senators then deter
mined to defeat it, and called on the President
not to sign it. Mr. King, in the Chair, did sign
it, and it was carried to the President by Messrs.
Merrick and Foster, and placed in his hands.
They returned and reported to the Senate what
they had done. The Senate then adjourned.
J’. S.—The Senate confirmed the nomination,
made by the President of the United States, of
Commodore Porter, as resident Minister to Con
stantinople with a salary of $C()00 per annum.
The law authorising the appointment was passed
at the Saturday’s session.
The Hoimdnry Troubles.
The following is the Report made to the House
of Representatives on Thursday, the 28th ult. by
Mr. Howard, Chairman of the Committee on
Foreign Relations:
The Committee on Foreign Affairs, to which
has been referred two messages from the President
of the United States, enclosing sundry papers re
lating to the disturbances upon the Aroostook liver
in the S.ale of Maine, report:
That they have examined the papers submitted
to them by the House with great care, and will
oiler such reflections upon them us the limited
time for the preparation of this report will admit.
The very near approach of the termination of the
present Congress, and the desire of the Committee
that as much time as possible should be afforded
to the House for the examination of the bill here
with reported, are considerations of such a pow
erful nature, that some incidental matters, connec
ted with the subject, cannot bo fully investigated.
The main points, however, of the controversy, are
not numerous, and upon them the opinion of the
Committee is clear and decided. The position
assumed by the President in his message, is cor
rect, and ought to be sustained, if necessary, by
the legislative power of Congress.
It is well known that an informal arrangement
o understanding h is existed for many years past,
etween the United States and Great Britain, re
sting to the territory in dispute between them, and
having for its object the avoidance of clashing au
thorities, calculated to endanger the peace of the
two nations.
The Committee have not time to give a detail
ed and historical statement of the origin and pro
gress of this arrangement, the examination of
which might perhaps elucidate die cause of the
strange error into which the British Government
is represented by its agents in this country to have
fallen with respect to its provisions. Suffice it to
say, that it never appears to have gone further in
its greatest extent, than to adopt the basis of the
“ uli possidetis ,” leaving each party to the con
tinued exercise of the jurisdiction which it had
previously maintained in practice. The idea which
is occasionally suggested in some of the British
documents, that, prior to the peace of 1783, the
Government of Great Britain was in possession of
the whole country, and, therefore, that this con
structive possession must be considered as contin
uing until she is divested of it with her own con
! sent, is one which the United Slates can never !
sanction, or even listen to, without strong repug
nance. It implies that the People of the United
States hold their country by a grant from the Brit
ish Crown, made in the treaty of 1783—a doctrine
which was successlully resisted by the ministers
of the Lnited States, even when it was advanced
by remote implication, prior to the signature of
that treaty by their refusing to treat with the Brit
ish ministers until their credentials were changed.
At a subsequent period of our history, the same
doctrine was advanced in argument; and at that
period, also, was, as it must ever be, met with in
stant contradiction. The people of the United
States hold their country by virtue of the declara
tion of the 4th J uly, 17 76 ; and the treaty of 1783
did nothing more than arrange the boundary lines
between the two nations, independent of each oth
er in fact and in right. 8o far, therefore as the
claim of Great Britain to the jurisdiction over the
unsettled parts ot Maine is founded upon the twice
exploded theory that she is the rightful sovereign
ol all that she has not granted away, it cannot be
submitted to without sacrifices of honor, which
the American nation never will make.
When the discussion became active between the
two Governments, as to their respective rights to
the territory now in dispute, the greater part of it
was, and indeed still remains, uninhabited by per
manent settlers. Here and there a small settle
ment could be found, consisting in some cases of
u single house, and in others of more than one,
placed near each other for the convenience of the
inhabitants. The extent of the arrangement be
tween the two Governments does not appear as
construed by the American Government, to have
gone further titan the recognition of the jurisdic
tion of each over the people and lands then opera
ted upon by it. If these inhabitants had taken out
tho titles to their lands from either one Govern
ment or the other, and were in the habit of resort
ing to its judicial authority for the preservation of
order, then they were to continue so to do until
tho question of ultimate ownership should he final
ly decided in some mode satisfactory to both Gov
ernments. The propriety of this arrangement will
not he questioned by the Committee. If it left to
the British Government the jurisdiction over tho
inhabitants along tho military road which leads
from Halifax to Quebec, and thereby furnished it
with a motive for proera«tinating the controversy,
inasmuch as it continued in the enjoyment of
nearly all that rendered the country valuable as a
British possession, it also furnished a strong proof
of the desire of the American Government to deal
fairly and liberally with its antagonist in the ar
gument. Demonstrating, in this conclusive man
ner, that it was not influenced by a captious spir
it of discontent, the Government of the United
Elates derived from this state of the case a right
to appeal to the British Government to expedite
the final adjustment of the controversy, and to
claim, in the mean time, the full benefit, on its
part, of an arrangement which, perhaps, gave to
its adversary more than an equal share of advan
tages. But the arrangement has been entirely
misunderstood or misconstrued, if the Lieutenant
Governor ot’New Brunswick bn correct in his ex
position ofthe orders under which ho is acting.
Tho United States never did, and nev’r can,
consent that the exclusive jurisdiction of the
whole territory in dispute shall he consigned to
Jhe care of any ollicur ofthe British Government.
The pretension now advanced is as unreasonable
in itself as it is unsustuined by any agreement
between the two Governments. Supposing that
the parties to the controversy stand upon an equal
fooling as to their rights, (and there is none other
in the case, except the inadmissible one formerly
alluded to), the United Stales have as much rea
son to expect that Great Britain will yield to them
tho exclusive jurisdiction ofthe whole ofthe con
tested territory, together with the enre and custody
of the timber and other public property, as she has
On the part ofthe United States, it has never been
claimed or asked, as far as the Committee arc in
formed; and the true position ofthe President now
is, that he resists the application of a principle,
which no Executive of this country ever adopted
as his guide. It has not been asked of Great
Britain nor can it be submitted to from her.—
W hat the United States ask from others, they
are always willing to grant, nor can they grant
what it would be deemed unreasonable to ask.
That portion of the territory in which the re
cent and present disturbances exist, has been, for
a number of years past, subject to the laws of
Maine, and, before the separation of Maine from
Massachusetts, was under the control of the lat
ter. In December, 1807, Massachusetts con
veyed the township, lying on both sides of the
Aroostook, and near the meridian line from the
source ol the St. Croix, according to a selection,
survey, and plan made under a resolve passed in
March, 1806. In January, 1808, she conveyed
ten thousand acres, lying west of the aforesaid
township, and on both sides of the Aroostook, pur
suant to a survey and plan made under the same
resolve. This jurisdiction has been continued,
through the medium of land agents, ever since
that time; and tho settlers, who have been there
lor a number of years past, (certainly since 183a,)
have always, in practice, held their properly under
grants from Massachusetts and Maine.
The part remaining unsettled has been applied
tu no other useful purpose than to use the timber
in which it is very p oductive; and the State of
Massachusetts has been in the practice of grant
ing licenses to her people to cut timber from the
public domain. The exercises of jurisdiction
was as perfect as the nature of the country would
permit. The mere fact of granting licences to i
cut timber to certain individuals shows that the 1
prescrvi.t on of the limber was held to he an ob- 1
ject of great consequence, and drew after it the 1
incidental right of returing to permit the timber 1
to be cut down, whenever it was thought wise to |
do so ; or of taking other measures for its preser- 1
vation, by driving olf trespassers, or punishing 1
them by civil process. Tho right Maine derived
from Massachusetts. Every bitate Government '
in the Union has a right to regulate the landed
interest, whether public or private, within its
limits; and Maine stands upon the same fooling,
unless as to such parts of it as arc decided not to
he under its jurisdiction by the exercise of the
constitutional powers of the Federal Government.
But, as has been already observed, no proceeding
or agreement of the Federal Government can be
found which did not recognize an actual jurisdic
tion, just such as that now claimed and enforced
by Maine. Whether the Legislature of that 1
Slate ought or ought not in courtesy to the Fe
deral Government, to have invoked its interposi- 1
tion before driving off the trespassers with a strong j
hand, is a question which the Committee deem '
it unnecessary to examine; because the preten- 1
sions advanced by the Lieutenant Governor of 1
New Brunswick, equally exclude the right of 1
the United States and Maine to interfere. If the
United States had been applied to, and the nr- j
gcncy or the case had rendered a prompt and foi- j
eihlc interposition necessary to remove those law- ; i
less trespassers w ho were equally the enemies of j
both Governments, the same opposition would
have been made to such interference by the Lieu- ! i
tenant Governor of New Brunswick, and the ! i
fame question arisen as in the present case.
The conflicting chums of Great Britain and the '
i
Tinted Slates are at present in antagonistieal po
sitiun to each other, anil the subordinate ques
tion as to the manner in which they have thus
been brought in direct opposition is not of suffi
cient importance to require a strict examination.
It it were, it might be argued that the conduct of
the Lieutenant Governor of New lirunswiclc in
directing a boom to be placed across the mouth of
the Aroostook river, for the purpose of intercept
ing, seizing, and selling the timber which has
been cut, is no sufficient satisfaction to the State
ol Maine, which may desire to prcseivc its own
timber, whilst it argues such remissness on the
part of the British authorities, over their own
people, as might well have induced the State of
Maine to enforce her own laws. If the Commit
tee arc right in the view which they have taken
of the arrangement between the United States
and Great Britain, there is nothing in it to im
pair, but, on the contrary, every thing to ratify
the jurisdiction of Maine over that part of her
territory where it had long been familiar, and the
interference of the Lieutenant Governor of New
Brunswick is a violation of the existing under
standing. In the first proceeding of Maine, the
force sent to arrest or drive off the numerous and
armed band of trespassers who were depredating
upon the public property, appears to have been
in the nature of a civil process, in execution of
the law r of the land. The power of a ministerial
officer, such as a sheriff, for example, to compel
obedience to the law, and to summon to his aid
a sufficient portion of the “power of the country”
to subdue opposition, is well known both to Ame
rican and British jurisprudence, and is sanction
ed by early laws in the history of England,—
The riotous and desperate character of the ma
rauders upon the Aroostook is sufficiently mani
fested by the fact of their breaking open an ar
senal upon the British territory, in order to sup
ply themselves with an additional quantify of
arms to enable themselves to resist and repel the
parly which was approaching, under a eivil offi
cer, to require submission to the laws.
The proclamation of the Lieutenant Governor
of New Brunswick was issued before any steps
were taken by Maine to sustain the civil by the
military power, and was directed against the in
terference of the minis!..rial officer of the law, ac
ting in strict conformity with what arc believed
to be fundamental principles of British as well as
American law. The first appeal to military force
was made by him, and the subsequent proceed
ings of Maine are defensive merely. The pre
tension of the Lieutenant Governor of New
Brunswick excludes the civil as well as military
power of Maine and the United States from inter
fering to preserve order in this seat ol the ancient
jurisdiction of Massachusetts; and would compel
tile United States and Maine to rely upon the
justice, the vigilance, or the generosity of the
British authorities for the maintenance of good
order and the enforcement of the laws, in a coun
try where nothing but a naked claim can lie said
to exist upon the part of the British Government.
It domains of Maine that she should divest her
self of a jurisdiction practically established and
ascertained, and traufer it to Great Britain. It
demands oftiic United States that an arrangement
alleged to have been made between tlic two Gov
ernments, of the. existence of which the United
States are, unconscious, should he summarily car
ried out, according to the construction which one
of the parties is said to have placed upon it, and
without giving to the other party an opportunity
to contest such construction. It is difficult, in
the opinion of the Committee, to believe that the
Government of Great Britain maintains such an
interpretation of that arrangement, and thus con
verts what was intended for the preservation of
friendly feelings into a source ofgreat and instant
discord.—But the assertion of the Lieutenant
Governor of New Brunswick has been twice offi
cially, deliberately, and publicly made, that ho is
acting under the instructions of his Government;
a fact of which he and his Government can be the
only judges. The execution of these orders is
incompatible with the honor of the United States.
The Executive branch of the Government has ex
pressed this opinion the Committee fully concur.
The sudden execution of these orders may bring
on a crisis for which ns much preparation ought
to be made as the short time remaining of the
present session of Congress will permit; and the
bill which is herewith submitted is intended to
accomplish that purpose.
The Committee refer with much pleasure to
the efforts which have been made by the British
minister at Washington, evidenced by the mem
orandum of a conference between him and the
Secretary of Slate, to avert the events which seem
to he appioaching. If the Lieutenant Governor
of New Brunswick shall desist from any attempt
to take or hold military possession of the whole
of the disputed territory, it will be easy to restore
things to their former condition. If he shall de
termine to suspend further movements until the
decision of the British Government he known, it
will be for that Government to say what shall be
the political relations between the United Stales
and Great Britain ; whether the 1 iendship w hich
now so happily prevails between the two nations,
for the preservation of which the essential inter
ests of both loudly call shall be suddenly and
rudely broken by assuming a principle as a ground
of action to which the U. States can lot submit.
The Committee cannot but entertain the hope
that no precipitate counsels on the part of the
Lieutenant Governor of New Brunswick will de
prive. the Government of Great Britain of an o|»-
portunity of explaining before any more serious
difficulties shall have occurred, orders which lie
is believed to have misunderstood. In this event,
all immediate difficulties will disappear. The in
superable objecticn to the military occupation of
the disputed territory by Great Britain, requires,
in common fairness, that no attempt of the kind
should be made by Maine or the United .States.
Having accomplished her intention of driving off
or arresting the trespassers upon the Aroostook,
and thus enforcing her laws, Maine will, it is not
to be doubted, be satisfied with this vindication of
her sovereignty, and withdraw the military force
which is now in arms to sustain the civil authori
ty and repel invasion.
A contemporaneous cessation of measures by
Maine and New Brunswick will coniproinit the
honor of neither; and time will be thus afforded
for the British Government to select the position
which it intends to occupy in the relations be
tween it and the United .States. If any motive
were neccssaiy to induce Maine to adopt a course I
so manifestly proper, it would lie found in the]
prompt response of the Executive oftiic United |
Stales to the appeal made to it at the present cri- j
sis, and the jealous sensibility which has been |
manifested for the protection of her rights, by I
spreading over them the ample powers of the 1
Federal Union. ’
The committee, ought, perhaps, here to close
this report. But the anxiety vvliich they feel that |
no measure should he left unemployed to preserve I
peace between the United Slates and Great Brit- |
ain, by removing, not only temporarily but per
manently, the causes of discontent between them, j
induces them to offer another recommendation to ;
the House. If is, the expression of an opinion
by llm House, sustain! d by a legislative pno. j- ion. i
"“■"“"■i —■———— kmm*
thnt a special embassy should lie sent to England,
for the purpose of co-operating with the resident
minister there, in endeavoring to adjust this long
pending controversy. The precedents for this
measure in our history are numerous and en
couraging.
The object of such an embassy is, to express a
deep conviction on the part of the Government of
the extreme urgency of the case, and the absolute
necessity of adjusting existing difficulties. The
ordinary forms of negoctnlion appear insufficient
to rouse the British Government to the danger
that the two nations may find themselves involved
in war, notwithstanding the desire of the Govern
ments of both to avoid it; and the step proposed
would manifest to the world, at all events, that
the United .States are sincerely anxious to exert
every means in their power to maintain the most
amicable relations with a government and people,
so eminently entitled to the respect and regard of
every civilized nation on the globe.
1 he Committee arc conscious that some of the
provisions of the bill herewith reported would
mure properly have emanated from some of the
other Committees of the House, upon whose ju
risdiction they are reluctant to encroach; but the
few days which remain of this session would not
have permitted any delay, with a view of referring
these subjects to other Committees, with the
slightest hope of obtaining any action on the part
of the House. They submit the whole matter,
therefore, as the result of their anxious reflections,
to the better judgment of tire House.
From the New Y ark Slur of the Id.
Latest from Maine.
Every thing was quiet at the encampment on
the Aroostook on the 23d.
The British forces are stationed about, four
miles from the disputed territory.
A member of the Executive Council of New
Brunswick arrived at Bangor on the 241 h, and
lett the next morning for Augusta. He is sup
posed tojie the bearer of despatches from Sir John
Harvey.
Desertions lake place daily from the British
forces, and some of the deserters have enlisted in
the. A mcrican ranks.
A company of Videttes, 47 in number, have
been arranged in a line between Augusta and
the place of rendezvous on the Eastern frontier.
They are stationed five miles opart, and arc al
ways to he in readiness to convey letters and or
ders by express from the seat of government to
the scene of action.
The draft from the Second Division of Militia
assembled at Augusta on the 26thinst., in high
spirits, and were soon to take up their line of
march for the frontier.
A company of 48 Cavalry have arrived at Ban
gor, from Waldo county. The Waldo, Piscata
quis ami Brewer volunteers have arrived, and en
camped 30 miles from the Aroostook. The Ban
gor and Dexter Artillery have reached Lincoln
and the Dexter Rifle corps 5 miles this side.
The order directing the troops of the 2d Divis
ion to proceed to head quarters on the Aroostook,
via Fish’s Mills, No. 4, had been countermanded
by Major General Hodsdon, and directions have
been given to proceed byway of Houlton.
It is expected that the troops will proceed to
the m.mtt. of the Mattawuska amt establish them-
I selves about 20 miles above the mouth of the
, Aroostook.
, Gen. Hodsdon and stall' set out from Bangor
, Monday morning. He had previously issued or
, dors for the troops to change their route, and pro
ceeded directly on the military road to Houlton,
f instead of taking the Aroostook Road, as the civil
[ force had done,
Mr. ,1 u vis, commanding the civil force, has
moved 36 miles down the Aroostook and token
, post at the great Bend of the River, on or near
letter G. and about 30 miles above the mouth of
the Aroostook.
The route by Houlton is nearer to this position
—and, secondly, as it is said the ice is breaking up
in the Aroostook, and of course lit,- river cannot
bo depended on to facilitate their march, the
Houlton route is preferable, as not being for so
great a distance through the wilderness.
The large laxly of troops assembled at Augusta
were to have been reviewed by the Governor on
Tuesday afternoon, after which part were to
march to the East, and the residue the day after.
A resolve is introduced into the Maine Legis
lature to raise a Division of Volunteers, and will
doubtless pass.
Gov. Fairfield received, Monday evening, a
letter from the Secretary cf War, saying that an
appropriation of one hundred thousand dollars
will probably he made to commence fortifications
on our frontier, as recommended by Gen. Wool,
and that two Regiments of the United States In
fantry would he sent, as soon as they could be
collected, to that State. This letter was in reply
to one from Gov. Fairfield, written previously to
the present difficulties.
The Boston A this of yesterday has the following:
We learn from good authority that Major Gen.
Winfield Scott, of the U. S. Army, reached Port
land on Tuesday, on his way to the theatre of
hostile operations on the Maine frontier. He
must have made a very rapid movement, as the.
papers which reached us by the Southern mail
yesterday, state that he took the cars from Phila
delphia for Washington on Saturday. Certain
it is, however, that he took breakfast in Baco on
Tuesday morning, and proceeded with the great
est despatch for Bangor.
From the St. Augustine Herald, of the 2s th ult.
From Florida.
By letter of the 12lh Feb. we have received the
following from Middle Florida.
The news reached Tallahassee on the 10th, by
a wagoner, that eleven regulars had been killed
some few miles from the military sla'ioti on
Econfina.
On the morning of the same day, an express
arrived at Tallahassee for a surgeon to attend to
a planter and his wife, who hud het*n wounded by
the rilics of the Indians, ten miles from that city,
on the road to fSt. Augustine. The fire was dis
covered through the blocks of the house, and was
fatal to a young man by the name of White, the
son, it is said, of the injured. By having several
guns in the house, the Indians were kept out and
finally driven oil'.
On the Bth, about an hour by sun, some thirty
savages approached the dwelling of Mr. Htokes,
about 16 miles from Munticcllo. Mr. 8. was ab
| sent from home driving cattle, and tw o boys near
S the house, seeing the savages, cried out so that a
j young woman in the door had sufficient time to
make her escape, in company with the lads.—
They state that the Indians were sufficiently near
to have fired upon them, but us they did not. it
is supposed thnt they are out ol ammunition.
1 The dwelling wm plundered and burnt.
Struggling Indians have been seen every week
1 during the last two months about the Hickstown
' settlements, or in the neighborhood of the Oscilla,
i and as they have frequent opportunity and yet
; commit few outrages, it has become a common
j belief in the country, that the enemy arc without
powder.