BRITISH ORDER IN COUNCIL, permitting the exportation of Salt and Fruit from Anguilla, in Vessels of The United States.-26th January, 1828.

At the Court at Windsor, the 26th day of January, 1828.

PRESENT,

THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS by a certain Act of Parliament, passed in the 6th Year of the Reign of His present Majesty, intituled "An Act to regulate the trade of the British Possessions abroad," after reciting, that "by the Law of Navigation Foreign Ships are permitted to import into any of the British Possessions abroad, from the Countries to which they belong, goods, the produce of those Countries, and to export goods from such Possessions to be carried to any Foreign Country whatever, and that it is expedient that such permission should be subject to certain conditions," it is enacted, "that the privileges thereby granted to Foreign Ships shall be limited to the Ships of those Countries which, having Colonial Possessions, shall grant the like privileges of trading with those Possessions to British Vessels, or which, not having Colonial Possessions, shall place the Commerce and Navigation of this Country, and of its Possessions abroad, upon the footing of the most favoured Nation, unless His Majesty, by His Order in Council, shall in any case deem it expedient to grant the whole or any of such privileges to the Ships of any Foreign Country, although the conditions aforesaid shall not in all respects be fulfilled by such Foreign Country:"

And whereas by an Act, passed in the 7th and 8th Years of His present Majesty's Reign, intituled "An Act to amend the Laws relating to the Customs," after reciting or taking notice of the said Act so passed as aforesaid in the 6th Year of His Majesty's Reign, and after reciting, that unless some period were limited for the fulfilment by Foreign Countries of the conditions mentioned and referred to in the said recited Act, the Trade and Navigation of the United Kingdom and of the British Possessions abroad, could not be regulated by fixed and certain rules, but would continue subject to changes dependent upon the Laws from time to time made in such Foreign Countries; it is therefore enacted, that no Foreign Country shall hereafter be deemed to have fulfilled the conditions so prescribed as aforesaid in and by the said Act, as to be entitled to the privileges therein mentioned, unless such Foreign Country had in all respects fulfilled those conditions within 12 months next after the passing of the said Act, that is to say, on or before the 5th day of July, 1826; and for the better ascertaining what particular Foreign Countries are permitted by Law to exercise and enjoy the said privileges, it is further enacted, that no Foreign Country shall hereafter be deemed to have fulfilled the before-men

tioned conditions, or to be entitled to the privileges aforesaid, unless and until His Majesty shall by some Order or Orders to be by Him made, by the advice of His Privy Council, have declared that such Foreign Country hath so fulfilled the said conditions, and is entitled to the said privileges; provided always, and it is thereby declared and enacted, that nothing therein contained, extends, or shall be construed to extend, to make void or annul any Order or Orders in Council theretofore issued, under the authority or in pursuance of the said recited Act, and to take away or abridge the Powers vested in His Majesty in and by the said Act, or any of those Powers, any thing therein contained to the contrary in any wise notwithstanding:

And whereas the conditions mentioned and referred to in the said Acts of Parliament have not in all respects been fulfilled by the Government of the United States of America, and therefore the privileges so granted as aforesaid by the Law of Navigation to Foreign Ships, cannot lawfully be exercised or enjoyed by the Ships of The United States aforesaid, unless His Majesty, by His Order in Council, shall grant the whole or any of such privileges to the Ships of The United States aforesaid:

And whereas His Majesty doth deem it expedient to permit the exportation of salt and fruit, in certain Vessels of the said United States of America, from His Majesty's Island of Anguilla, in the West Indies; His Majesty doth, therefore, in pursuance and exercise of the Powers vested in him in and by the said Acts of Parliament, by and with the advice of His Privy Council, declare and grant, that it shall be lawful for ships of the United States of America, arriving in ballast at any Port or Place in the said Island of Anguilla, in which a Customhouse is or shall be established, to export salt and fruit, or either of them, from such Port or Place, to be carried to any Foreign Country whatever; subject, nevertheless, to the payment of all such duties as by any Law in force within the said Island are or shall be payable upon such Ships, or upon the exportation of any such salt or fruit:

And His Majesty is further pleased, with the advice aforesaid, to order, that this present Order shall take effect and be in force in the said Island of Anguilla, so soon as the Governor, or the Officer administering the Government of His Majesty's Island of Saint Christopher's for the time being, shall have made known the same to the Inhabitants of the said Island of Anguilla, by a Proclamation to be by him for that purpose issued, and not before:

And the Right Honourable the Lords Commissioners of His Majesty's Treasury, and the Right Honourable William Huskisson, one of His Majesty's Principal Secretaries of State, are to give the necessary directions herein, as to them may respectively appertain.

JAS. BULLER.

BRITISH ORDER IN COUNCIL, prohibiting the exportation of Arms, Gunpowder, &c. to certain Parts of Africa.-7th May, 1828.

At the Court at St. James's, the 7th day of May, 1828.

PRESENT,

THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS the time limited by His Majesty's Order in Council, of the 18th of October last, for prohibiting the exportation of Gunpowder, Salt-petre, or any sort of Arms or Ammunition, to any Port or Place on the Coast of Africa (except to any Ports or Places within the Streights of Gibraltar), will expire on the 23d day of this instant May; and whereas it is judged expedient that the said Prohibition should be continued for some time longer; His Majesty, by and with the advice of His Privy Council, doth therefore hereby order, require, and command, that no Person or Persons whatever (except the MasterGeneral of the Ordnance for His Majesty's Service), do, at any time during the space of 6 months (to commence from the 23d of this instant May,) presume to transport any Gun-powder or Salt-petre, or any sort of Arms or Ammunition to any Port or Place on the Coast of Africa (except to any Ports or Places within the Streights of Gibraltar) or ship or lade any Gun-powder or Salt-petre, or any sort of Arms or Ammunition, on board any Ship or Vessel, for the transporting of the same into any such Ports or Places on the Coast of Africa (except as above excepted), without leave or permission in that behalf first obtained from His Majesty or His Privy Council, upon pain of incurring and suffering the respective Forfeitures and Penalties imposed in that behalf by an Act passed in the 6th year of His present Majesty's Reign, intituled "An Act for the General Regulation of the Customs:"

And the Right Honourable the Lords Commissioners of His Majesty's Treasury, His Royal Highness the Lord High Admiral, the Lord Warden of the Cinque Ports, the Master-General and the rest of the Principal Officers of the Ordnance, and His Majesty's Secretary at War, are to give the necessary directions herein as to them may respectively appertain. JAS. BULLER.

CORRESPONDENCE between Great Britain and The United States, respecting the Question of Territorial Jurisdiction and Boundary, between the Province of New Brunswick and the State of Maine; and the Arrest and Trial of John Baker by the British Authorities.-1825 to 1828.*

Transmitted in a Message of the President of The United States to Congress,

21st of January, 1829.

4. Mr. Vaughan to Mr. Clay 5. Mr. Clay to Mr. Vaughan 6. Mr. Vaughan to Mr. Clay. 7. Mr. Clay to Mr. Vaughan.. 8. Mr. Clay to Mr. Vaughan.. 9. Mr. Vaughan to Mr. Clay.. 10. Mr. Clay to Mr. Vaughan.. 11. Mr. Clay to Mr. Vaughan.. 12. Mr. Vaughan to Mr. Clay 13. Mr. Clay to Mr. Vaughan... 14. Mr. Vaughan to Mr. Clay. 15. Mr. Clay to Mr. Vaughan.. 16. Mr. Vaughan to Mr. Clay. 17. Mr. Vaughan to Mr. Clay.. 18. Mr. Clay to Mr. Vaughan... Enclosure 1. Report of Mr. Barrell. 2. Report of Mr. Daveis,

19. Mr. Vaughan to Mr. Clay 20. Mr. Clay to Mr. Vaughan. 21. Mr. Vaughan to Mr. Clay. 22. Mr. Vaughan to Mr Clay..

550

Washington, 31st March,
London.... 5th May,

565

567

.London.... 26th June,

572

London.... 14th Aug.

576

.London.... 22d Aug.

589

. Portland... 23d Oct.

592

.Washington, 6th Nov.

593

594

Washington, 17th March,
..Washington, 25th March,
Washington, 4th June,

Enclosure.-Report of the Trial of John Baker...

23. Mr. Clay to Mr. Lawrence
24. Mr. Lawrence to Lord Dudley
25. Mr. Lawrence to Mr. Clay.....
26. Lord Aberdeen to Mr. Lawrence
27. Mr. Lawrence to Lord Aberdeen..
28. Governor of Maine to Mr. Clay...
29. Mr. Clay to the Governor of Maine

Message of the President, transmitting the above Papers to Congress..

SIR,

(1.)-Mr. Clay to Mr. Addington.

Department of State, Washington, 27th March, 1825.

I HAVE the honour to transmit to you, herewith, a Report made by a Committee of the Senate of the State of Maine, on the 18th day of January last, and Extracts from certain Letters, relating to encroachments by British Subjects upon the Territory of The United States. These Documents shew that an extensive system of depredation has been adopted and persevered in, under which large quantities of timber have been cut and removed from Lands within the limits of the State of Maine, belonging to that State and to the State of Massachusetts; that the Trespassers pretend to derive authority for their intrusions from Licences and Permits which are said to have been granted by the Government of the Province of New Brunswick; that the timber is transported down the St. John's, and subsequently exported to the Dominions of His Britannick Majesty; and that schemes have been probably formed by the Colonial Authorities, if they are not now in a progress of execution, for granting the Lands within the State of Maine to British Subjects, for the purpose of occupation and settlement. It is entirely unnecessary to make any observation upon the character or impropriety of these proceedings, which must be altogether unauthorized by the Government of Great Britain. I am instructed by the President to demand that immediate and efficacious measures be adopted to put a stop to them all; and to communicate to you his just

expectation that a full indemnity and reparation be made to the States of Massachusetts and Maine, for the value of the timber which has been cut and removed from their lands.

Henry U. Addington, Esq.

I pray you, Sir, to accept, &c.

H. CLAY.

(Enclosure 1.)-Report of the Senate of the State of Maine.
In Senate, 18th January, 1825.

THE Committee on Publick Lands, to whom was referred so much of the Governor's Message as relates to depredations committed upon Publick Lands, have had the same under consideration, and report: That from the Documents accompanying the Message, and other sources of information, it is evident that very great quantities of timber, upon Lands belonging to this State and the Commonwealth of Massachusetts, and also upon Lands granted by that Commonwealth, near the Line heretofore recognized as the Dividing Line between The United States and the British Province of New Brunswick, have been cut and carried down the River St. John's by British Subjects, and thence transported to Great Britain.

The principal scene of these depredations is upon the Aroostook and Madawaska, many miles within the Territory and Jurisdiction of this State, and far West of the Line settled by the Treaty of 1783, as claimed by the Government of The United States. These depredations are still continued upon a large scale: and the value of the timber annually taken from our Territory is so great, as to render it the duty of the Government to adopt some efficient measures, to obtain satisfaction for the past, and to prevent further destruction of its property.

But what is more interesting to this State, and to The United States, than the value of the timber, is the adjustment and settlement of the Boundary Line between this State and the Province of New Brunswick, which is the appropriate business of the National Government to effect.

The Committee are well satisfied, although they have not legal evidence of the fact, that the Persons who have taken the timber, and who are now employed in cutting it, within the Line as claimed by this State and The United States, are Persons furnished with Permits and Licences from the Government of the Province of New Brunswick; that it is the policy of that Government, availing itself of the controversy respecting our North-eastern Boundary, to strengthen their Claim to the disputed Territory, by allowing the timber thereon to be cut under its authority, and by placing Settlers upon portions of it, to whom that Government proffer very liberal encouragement.

When it is considered, that, should the pretensions of the British Government, in regard to our North-eastern Boundary be acceded to, this State will lose a quarter or a third of its Territory and Jurisdiction, and all participation in the Waters of the St. John's and its impor. tant branches, it behoves the State, as well as the Commonwealth of