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of July last, were specified as the mains. Their value does not en. period within which the treaties tirely depend upon the forms of concluded at Panama were to be the governments which may con. ratified, and when it was expected cur in their establishment, but exist the Congress would again meet. at all times, and under every form That term expired on the 15th in. of

government. stant. It is probable, therefore, You will, in all your conversa. that, about this time, the ministers tions and intercourse with the other of the various powers will assemble ministers, endeavour to strengthen at Tacubaya. But if they should them in the faith of free institu. not meet before the first of June tions, and to guard them against next, Mr. Sergeant may, after that any ambitious schemes and plans, day, return to the United States from whatever quarter they may without further detention. In the proceed, tending to subvert liberal event of his return, Mr. Poinsett systems. will consider the duties of the joint Mr. Rochester, having been apmission as devolving on him alone; pointed Chargé d'Affaires to Gua. and should the Congress assemble temala, Mr. John Speed Smith, of subsequent to that period, and Mr. Kentucky, formerly a member of Sergeant should avail himself of the House of Representatives, is the permission now given him to appointed secretary to your mis. leave Mexico, Mr. Poinsett will

In the event of his

accep. attend the Congress in behalf of tance, (of which advice has not yet the United States.

reached the department,) he is ex. The intelligence which has pected to proceed from Kentucky, reached us from many points, as to by the way of New Orleans, to the ambitious projects and views of join you. Bolivar, has abated very much the You are at liberty to detain the strong hopes which were once en. bearer of this letter a reasonable tertained of the favourable results time, to convey any despatches you of the Congress of the American may wish to forward to this govern. nations. If that intelligence be ment. If you should not wish him well founded, (as there is much to remain at Mexico for that pur. reason to apprehend,) it is proba. pose, after stopping about two weeks ble that he does not look upon the to recover from the fatigues of the Congress in the same interesting journey and voyage, he will return light that he formerly did. Still the to the United States with such de. objects which are contemplated by spatches as you may confide to your instructions are so highly im. him. portant, that the President thinks I am, with great respect, their accomplishment ought not to

Your obedient servant, be abandoned whilst any hope re.






The undersigned, Secretary of state of the negotiation between State of the United States, has the the two governments, having for honour to inform Mr. Vaughan, his their object the settlement of the Britannic majesty's Envoy Extra. question of disputed boundary, ordinary, and Minister Plenipo. heartily concurs with Mr. Vaughan tentiary, that, about the date of his in the sentiment expressed in the note of the 21st of November last, conclusion of his note, that too in answer to one from the under. much vigilance cannot be exerted signed, of the 17th of the same by the authorities on both sides, to month, it was deemed expedient to remove misapprehension, and to depute an agent to that portion of control all misconduct arising out the state of Maine which is claimed of it. The undersigned also parti. by the British government as being cipates with Mr. Vaughan in the part of the province of New Bruns. regret which he feels on account wick, to inquire into the origin of of the collisions of authority to settlements made thereon, the which both countries are so re. causes of recent disturbances peatedly exposed by the long delay among the settlers, and especially which has taken place in the final into the grounds of the arrest, de- adjustment of the boundary on the portation, and detention in confine. northeast frontier of the United ment, at Frederickton, of John States. Without meaning to allege Baker, a citizen of the United that the British government is States. Accordingly, a Mr. S. B. justly chargeable with having in. Barrell was selected for the pur. tentionally contributed to that de. pore, and sent on that service. lay, the undersigned is fully per. About the same period, the govern. suaded that Mr. Vaughan must ment of Maine also appointed an agree that the United States has agent to proceed to the disputed not unnecessarily prolonged it. territory, and to Frederickton, for Considering the course which the the purpose of making the same business is now likely to take, it investigations. The undersigned ought to be the earnest endeavour postponed transmitting to Mr. of both governments, and it will Vaughan a reply to his abovemen. certainly be that of the government tioned note, until the report of Mr. of the United States, to avoid giv. Barrell should be received. He ing any just occasion of inquietude, has now the honour of laying be. until the experiment of the arbi. fore Mr. Vaughan a copy of that tration shall have been crowned report, and also a copy of the re. with success, or been attended with port made by the agent of the go. failure. Although the reports of vernment of Maine ; and he avails the two agents before referred to, himself of this occasion to submit establish that there was some mis. a few observations.

representation in the accounts of The undersigned, in the actual the disturbances which had reach.

ed the government of the United state of Massachusetts, to which States prior to Mr. Barrell's depar. the territory then belonged, by in. ture on his agency, and which had dividuals, posterior to the treaty of been communicated to Mr. Vaugh. 1783. That settlement of those an, they disclose some transactions individuals could not affect or imwhich the President has seen with pair, in any manner whatever, the regret.

right of the state of Massachusetts, The undersigned cannot agree or give any stength to the preten. with Mr. Vaughan in the conclu. sions of the British government. sion to which he has brought him. The settlers, in consequence, pro, self, that the sovereignty and juris. bably, of their remoteness, and diction over the territory in dispute their quiet and peaceable conduct, have remained with Great Britain, do not appear for a long time to because the two governments have have attracted the attention of been unable to reconcile the diffe. either the state of Massachusetts rence between them respecting or that of the adjoining British pro. the boundary. Nor can he assent vince. It was not till the year to the proposition stated by him, 1790, that the government of New. that the occupation and possession Brunswick took upon itself to grant of that territory was in the crown lands to the intruders. No know. of Great Britain prior to the con. ledge of these grants is believed to clụsion of the treaty of 1783, if it have been obtained until recently, were his intention to describe any by either the government of Masother than a constructive posses. sachusetts or Maine, or that of the sion. Prior to that epoch, the United States. The provincial whole country now in contest was government had no colour of au. an uninhabited waste. Being, then, thority to issue those grants for an indisputed part of the territory lands then lying within the state of of the King of Great Britain, he Massachusetts. It cannot be ad. had the constructive, and the right mitted that they affected the rights of the actual possession. If, as of the United States as acquired by the government of the United the treaty of peace. If, in conse. States contend, the disputed terri. quence of the Madawasca settle. tory is included within their limits, ment, a possession de facto was -as defined in the provisional articles obtained by the government of of peace between the United States New Brunswick, it must be re. and Great Britain, of November, garded as a possession limited by 1782, and the definitive treaty the actual occupancy of the set: ' which was concluded in September tlers, and not extending to the un. of the following year, the prior inhabited portions of the adjoining right of Great Britain became, waste. Although, subsequent to thereby, transferred to the govern- the year 1790, the provincial goment of the United States, and it vernment appears to have exer. drew after it the constructive pos- cised; occasionally, a jurisdiction session of the disputed territory over the settlement, it has not been The settlement on the Madawasca, exclusive. As late as 1820, the the earliest that has been made inhabitants of the settlement were within its limits, was an authorized enumerated as a part of the popụ. intrusion on the property of the lation of the United States, by their

officers charged with the duty of ment' was made only about six taking the periodical census for years ago, partly by American which their constitution and laws citizens, and partly by British sub. provide.

jects. The settlers supposed they The settlement of John Baker were establishing themselves on appears to have been made outside American ground, and beyond the of the Madawasca settlement, upon British jurisdiction. It has been contiguous waste lands. Other only within these three or four American citizens established years past, that the provincial gothemselves in his neighbourhood. vernment has undertaken to issue Whatever jurisdiction the govern. civil process against the settlers; ment of New-Brunswick might and, as late as last summer, process claim in virtue of the Madawasca for trespass and intrusion on the settlement, being confined to it, crown lands was, for the first time, could not be rightfully extended to issued. These proceedings canBaker and his American neigh- not be reconciled with the resolubours. Even if he had been guilty tion which you state to have been of any irregularity of conduct, he adopted by His Britannic Majesty's was not amenable to the provincial Lieutenant Governor of New. government, but to his own. His Brunswick, to maintain the disputed arrest, therefore, on that disputed territory in the same state in which ground, and transportation from it his excellency received it, after the to Frederickton, at a considerable conclusion of the treaty of Ghent. distance from his family, and his Nor can they be reconciled with confinement in a loathsome jail, that mutual forbearance to perform cannot be justified. It is a pro. any new act of sovereignty within ceeding which seems to have been the disputed territory, having a tenadopted without regard to the rights dency to strengthen the claim of of the United States in the territory the party exercising it

, which it has in question, and which assumes an been expected would be observed exclusive jurisdiction on the part of by the two governments, during the provincial government. Nor the progress of their endeavours is it compatible with that modera. amicably to adjust their question tion and forbearance which, it has of boundary. The undersigned been uuderstood between the two must protest, in behalf of his gogovernments, should be mutually vernment, against any exercise of practised, until the question of right acts of exclusive jurisdiction by the between them was finally settled. British authority, on the Madawas. I am charged, therefore, by the ca, the Aroostook, or within any President, to demand the immediate other part of the disputed territory, liberation of John Baker, and a full before the final settlement of that indemnity for the injuries which he question; and he is directed to ex. has suffered in the arrest and de. press the President's expectation tention of his person.

that Mr. Vaughan will make such Nor can the President view with representations as will prevent, in satisfaction the exercise of jurisdic. future, any such jurisdiction from tion, on the part of the provincial being exerted. government, over the settlement The undersigned requests Mr. on the Aroostook. That settle: Vaughan, on this occasion, to ac

cept assurances of his high consi ever may be the conviction of the deration.

government of the United States, H. CLAY. with regard to the extent of the D&PARTMENT OF STATE. limits assigned to it by that treaty, Washington, Feb. 20, 1828. those limits are still undefined, and

remain unadjusted; and, not with. MR. VAUGHAN TO Mr. CLAY. standing the reports of the com.

Washington, February, 1818. missioners of Boundary, and, after The undersigned, Envoy Ex. repeated negotiations, remained to traordinary and Minister Plenipo. be settled by a reference to a tentiary of his Britannic Majesty, friendly sovereign, it is the opinion has the honour to acknowledge the of the undersigned that the sove. receipt of a note from the Secretary reignty and jurisdiction of the disof State of the United States, en. puted territory rests with Great closing a copy of the report made Britain, until that portion of it de. by the agent of the general govern. signated in the treaty of 1783 shall ment, and a copy of the reports made have been finally set apart from by the agent of the government of the British possessions, as belongthe state of Maine, sent to inquire ing to the United States. into the proceedings which took The British settlement upon the place, not long since, in the dispu. Madawasca river is considered by ted territory within the province of Mr. Clay as an unauthorized intru. New Brunswick.

sion on the property of the state The undersigned has not any re of Massachusetts. When the treaty marks to make upon the reports of 1783 was concluded, New.Bruns. which have been submitted to him; wick had not been erected into a but he is glad to learn, from Mr. separate province, but it was in. Clay's note, that it appears, from cluded in the province of Nova those reports, that some misrepre. Scotia. The St. Croix river was sentation took place in the accounts then considered to be the boun. which had reached the government dary, on the northeast, of Massaof the United States, respecting the chusetts, and on the West of recent disturbances which took Nova Scotia. Some difficulty place amongst the settlers in the might have arisen about the exact disputed territory.

boundary between that province The Secretary of State expresses and Massachusetts, on account of his dissent to the principle laid the uncertainty of the limits of down by the undersigned, in his Acadia, (which now forms the pronote of the 21st of November last, vince of New Brunswick) as ceded that the sovereignty and jurisdic. by France to Great Britain in 1713. tion over the territory in dispute The undersigned, however, can. continue to be vested in Great not acquiesce in the pretensions of Britain, until the two governments Massachusetts to the territory upon shall have reconciled their differen. the Madawasca, which lies to the ces respecting the line of boundary. north of the St. John's, and falls Mr. Clay observes that the United into that river at a distance from States contend that possession was its source. It remains to be seen, transferred to them by the treaty of when the position of the northwest 1782, which places the disputed angle of Nova Scotia shall have territory within their limits. What been determined, whether the line

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