between aliens being under the jurisdiction and protection of the British laws Appendix. and natural born subjects; the former owed a local allegiance; and what would Madawaska be a breach of the laws by the one, would be so by the other. The learned Judge, in closing, stated, that if, in determining the present case, this Court was undertaking to enter upon a question of rights between the two nations, it might be disposed to approach it with a degree of trepidation: but this case was altogether unembarrassed by any such considerations. It presented a chain of evidence, of clear possession and undisturbed jurisdiction on the part of this Province, from the period of its first erection down to the present time-a space of more than 40 years. One of the oldest inhabitants in the Madawaska Settlement had proved that he removed thither from the lower part of this Province 40 years ago; that he, and all the settlers there, always considered themselves as being under this Government. It is also proved, that these inhabitants have received grants of land from this Government, and have, from the beginning, been enrolled in the militia; that they have voted at elections for the County of York; have applied to the Provincial Courts for redress in all suits at law; and have uniformly exercised all the privileges, and been subject to all the duties, of other inhabitants of the Province; excepting only that the Sheriff states, that he has not summoned them to attend on Juries at Fredericton by reason of their great distance; but he expressly declares that he has always been in the habit of serving writs throughout the whole of that settlement, as much as in any other part of his bailiwick. It appears also that the defendant, Baker, considered himself as living within the Territory, and under the jurisdiction of this Province; that he applied to Mr. Morehouse, the Provincial Magistrate, for processes to recover his debts from inhabitants in the Madawaska Settlement; that he received the provincial bounty for grain raised on land, which there can be no question is the land where he now resides: and this on his own affidavit, stating himself to be John Baker, of the parish of Kent. It further appears that he attended a provincial Surveyor in laying out this very land, for which a warrant of survey, under the authority of the Province, was in a course of execution, giving directions as to the course of the lines; the grant being intended for the benefit of Baker, although it was to be taken out in the name of Nevers, a British subject. Baker himself, also, had an intention of being naturalized, and stated to one of the witnesses, Mr. George West, that he had resided the necessary time, and wished to know what other steps were necessary for this purpose; this conversation taking place on the spot where he lived, at the head of the Madawaska Settlement, and at a time when logs cut by him had been seized as being cut on Crown lands without license; and Baker claimed to be dealt favourably with, by reason of his residence within the Province, and his intention to become naturalized. The learned Judge also stated, that it appeared from the evidence, that there was no line of division to be drawn between any parts of that whole settlement, as to the possession and exercise of jurisdiction by this Province; that he could not imagine any principle upon which any such line of division. could be made; that one of the witnesses spoke of the settlement having, when he first knew it, commenced seven miles above the Great Falls: that it has since extended downwards to within two or three miles of the Falls. It had also been gradually extending upwards, and all the inhabitants, in every part of it, were equally under the jurisdiction of this Province, and entitled to the benefit and protection of its laws; and if they were to be transferred from this jurisdiction. it must be by some Act of the King's Government, competent for that purpose. The learned Judge, with these observations, left the case to the Jury, directing them to consider it in the same light, and to give the defendant the benefit of the same considerations, that they would in the case of any other inhabitant of the Province. Settlement. Appendix. Madawaska The Jury retired from the Box, and, after about an hour's deliberation, returned into Court with a verdict of Guilty. The defendant was then required to enter into recognisance to appear on Monday next to receive the sentence of the Court. The same bail were accepted as before, in the same amount. The Attorney-General stated to the Court that he should enter a Noli prosequi on the ex officio information which had been filed against the defendant; and also on the indictment which had been found against John Baker and six others, so far as regarded the present defendant. The witnesses were informed that their further attendance would not be required. Monday, 12th May, 1828. Present:-His Honour the CHIEF JUSTICE, Judge BLISS, The defendant being called, and appearing, the Attorney-General proceeded to make several observations on the case, and concluded by moving the Judgment of the Court. His Honour, Mr. Justice Bliss, then inquired of the defendant if he had any thing to say in mitigation, or any affidavits to produce. The defendant said he had little to say. He was brought there, and made amenable to the jurisdiction of the Court, and must of course submit. He had no affidavits to produce: there were some facts which, if they had been brought forward, might have been material; but as he was not prepared with the whole, he had thought it better not to adduce any proof. He concluded by submitting himself to the consideration of the Court. Mr. Justice Bliss then proceeded to pass sentence to the following effect: That the defendant had been indicted by the Grand Jury of the County of York for a seditious Conspiracy, entered into by him and others, within the jurisdiction of this Court, to which he had pleaded not guilty, alleging, at the same time, that he did not consider himself amenable to the process of this Court, being a Citizen of the United States, and that the offence charged was committed within their Territory; but the Court could not admit this to be the case, it appearing clearly that the Madawaska Settlement, where the offence was committed, has been, from the first erection of the Province hitherto, under our laws, and subject to our jurisdiction; and that the defendant, after a very fair and full investigation of the case, had been convicted by a Jury of the Country; and it now remains for the Court to pass their sentence upon him for this offence; in doing which their object was to treat him with that lenity which, so far as was consistent with the ends of justice, is uniformly extended to His Majesty's natural born subjects; and, although the Court considered the offence of which he had been found guilty, of a very aggravated nature, they have had regard to his previous long imprisonment; and their object being to secure the future peace of the Country, and not to pass a vindictive sentence personally against him, they had awarded the punishment accordingly; and did sentence him to be imprisoned in the common gaol of the County of York for the term of two calendar months, and to pay a fine to our Lord the King of £25, and remain committed until the same was paid. The Defendant, John Baker, was then taken into custody by the Sheriff. No. 39. Extracts from the Census of the United States for the Years 1810 and 1820, published by Authority of an Act of Congress: Census of 1810.-AGGREGATE Amount of each description of Persons within the DISTRICT OF MAINE. FREE WHITE MALES. FREE WHITE FEMALES. OF THE RESPECTIVE TOWNS. to 10. to 16. to 26. to 45. 45, &c. to 10. to 16. to 26. to 45. 45, &c. Kittery Elliot York 424 216 251 268 263 422 223 289 340 331 19 3,046 Wells 670 344 427 421 319 696 346 473 469 317 7 4,489 Arundel 381 211 225 199 166 351 200 237 213 177 .... 2,371 Biddeford 284 131 136 179 94 165 130 153 165 117 9 .... 1,563 Lebanon 317 159 155 151 140 333 181 197 174 4,455 Newfield Sanford Alfred Lyman 156 67 66 83 54 131 51 77 86 40 1 815 ... Saco 444 178 278 257 131 395 194 275 201 137 .... 2 .... 2,492 Parsonsfield 303 152 174 168 72 310 152 181 Limerick 210 106 93 101 67 212 110 122 96 60 .... .... 1,177 Cornish 182 87 94 81 49 175 92 91 82 38 Waterborough 250 131 125 129 72 246 137 69 132 Philipsburgh Buxton 402 202 199 198 164 349 184 246 217 161 Limington 329 148 151 149 104 331 146 160 147 109 .... .... 1,427 Census of 1810.---DISTRICT OF MAINE-Continued. FREE WHITE MALES. to 10. to 16. to 26. to 45. 45, &c. to 10. to 16. to 26. to 45. 45, &c. Portland 1,038 452 693 847 297 1,124 480 860 829 347 202 7,169 Falmouth 674 283 410 423 261 654 286 416 412 265 21 North Yarinouth 573 286 299 320 186 514 248 322 325 202 20 Free-Port .... 3,295 384 189 170 194 145 375 164 224 207 129 3 Pegypscot 130 68 63 70 49 159 70 77 67 47 5 2,184 805 Brunswick 426 212 307 247 152 426 198 287 239 135 53 .... Pownal 157 82 72 86 39 157 79 80 84 36 ... 2,682 872 .... Durham 346 149 148 150 101 308 125 162 157 Harpswell 184 100 120 111 84 174 86 139 104 81 7 Scarborough .... 1,190 309 158 182 196 174 309 152 229 199 177 9 Cape Elizabeth ... 2,094 234 125 107 124 114 229 106 Gorham 407 245 233 240 182 367 256 262 241 192 7 .... 2,632 Baldwin Standish 121 28 33 46 47 105 56 21 60 29 546 .... 256 125 112 140 81 222 116 99 141 81 250 106 108 121 75 219 100 130 119 76 Windham 268 132 160 144 108 267 124 163 154 92 1 1,613 New Gloucester 257 125 172 140 110 270 142 173 Minot 358 180 200 158 122 350 160 200 176 116 ... .... 2,020 Poland 171 81 77 67 44 159 66 76 Bridgeton 174 98 82 65 43 143 87 89 Raymond 156 65 66 74 45 161 61 88 Thompson Pond, and Shaker Settlement 12 17 11 Harrison 96 35 16 Otisfield 175 62 65 7,156 3,398 3,906 4,127 2,545 7,002 3,282 4,335 4,194 2,520 366 42,831 |