in the debates; all that could be said, had been said by its friends; but when the question should come properly before the House, the laws of nature, of God, the Declaration of Independence of the thirteen original States, would be the ground the friends of freedom would take in that House to defend.

Mr. COOPER, of Georgia, said, as one or those who hod spoken on the subject, he would correct the gentleman in one particular. The gentleman asserted that all that could be said had been said in defence of slavery. He, for one, had not entered at all into the discussion of the subject of slavery, but the constitutional right of property alone.

Mr. ADAMS again proceeded, by saying that the proposition before the House was a small way of getting rid of the question, by making a motion to receive the petition, and then laying that motion on the table. It was unbecoming the general character of the movers, and resembled more the character of the wooden nutmeg of the Yankee trade r. He knew the proposition must have sprung from some other quarter, as those gentlemen who offered them, he was confident, were in favor of the rejection of the petitions. This was one which would leave the question unsettled. He hoped this proposition of hanging up did not come from the Yankee land. It was impossible to know by this process whether that which the petitioners complained of was a grievance or not, though it was just and reasonable that this inquiry should be first made before disposing of petitions. It was essential to the existence of the Government.

Mr. A. said the right of petition would have existed as much without that article of the Constitution, which secures to the people the right to assemble and petition Congress as if it had not been placed there. It was inserted there at the instance of Virginia, to prevent its abridgement by Congress; it was a prohibition against its abridgment; it was inextricably interwoven with Congress. The greatest despot on the earth was bound to receive petitions from the meanest of his subjects; it was a right which was founded on the important nature of man, and he was exceedingly sorry to see any thing that would abridge it. This resolution, and all those moved by Southern gentlemen, whether intended or not, had that effect. Congress could not specify one class of petitions, and say it would not receive them, without its effect extending to all classes; and hence the great danger of adopting the rules proposed.

Parliamentary precedents had been referred to as a justification by this House for the rejection of Abolition petitions. He knew of only two precedents of the British Parliamen'; and these were, that that body had undertaken to reject petitions against high taxes. The petition against the stamp act had been rejected by the application of the very principles contended for on that floor. These are the precedents which can be adduced to prove that Congress has a right to reject petitions. He thought Parliament had much stronger authority for rejecting those petitions than that House had for these proposed.

Mr. A. then examined the constitutional right to assemble and petition Congress for redress of grievances, which, he said, (notwithstanding they had the right to refuse to receive those which were offensive in their character and insulting to that boly,) left no discretion to reject; if it did, its reception wou'd ultimately depend upon whether the petitioners belonged to the party of the majority or minority in that House.

Mr. A. said he would not thank any gentleman to vote for the recep ion of a petition, without agreeing to con-ider i, for with him the right of petition consisted in its recept'on and consideration. To receive, and hear, and consider, when presented decently, and containing no matter offensive to the House, was what that right consisted in.

He then read an article in support of the above opinion, showing that this constituted the right in the British House of Commons.

He thought the House of Representatives of a great nation ought to deal more candidly and openly with this matter-that to act in the manner proposed was unworthy of this mighty nation.

Mr. A, here adverted to the controversy going

on between the Governors of Virginia and New York, and Georgia and Maine, in which this very question was involved. They discuss it with ability, but the Governor of Virginia has already threatened to resort to first principles if the point he is contending for be not yielded to him. He thought this ultimately controversy would bring the whole question before the House, and that it would be better to meet it now. If the course proposed now be persisted in, it would lead this country to a civil war; to avoid which, he was for having all said that could be said on both sides, and then come to such a compromise as would be mutually acquiesced in. The discussion had been fully entered into in the convention, before the adoption of the Constitution; and the parties there came together, and have been kept together for upwards of fifty years. They could not bring the people of the North to terms, or convert then by the course proposed to be pursued. When they hould come to a question of war, the friends of the North would stand up to their righ's as well as the South. When their institutions are threat ned with violence, he hoped they would defend them in the best way possible; but as it was not the case now, he would invite the South to reason with the North upon this question. Mr. A. said he was more opposed to this proposition than that of last year, because it is proposed to make it a permanent law of the House. Some of the petitions are addressed to the Senate and House of Representatives, but by the operation of the proposed rule, it would neither receive the petition, or allow the petitioner the right to withdraw, and present it to the other body.

Mr. A. then made some remarks in favor of his own proposition, which makes it the duty to receive all petitions, except by objection for special reasons, which shall be decided by the vote of a majority. It does not specify in what manner they shall be disposed of. All he wanted was, that the great right of petition should be acknowledged. He was unwilling to admit the right of the House to reject, without the reasons should be given for it and entered on the journal. Such a course would prevent any objections to these petitions in future, and entirely allay all excitement npon the subject.

Mr. ALFORD then obtained the floor, and discussed at length the great constitutional principles involved in this question, defended the rights of the South, and defined his political position with reference to the approaching Presidential contest. The lateness of the hour prevents the Reporters from giving a brief synopsis of his views. speech will be published at length hereafter.

His

Mr. HUNT having obtained the floor, said that it was his intention to make a few brief remarks, but as he was then laboring under a slight indisposition, he would ask the House, as a personal favor, to consent to a motion of adjournment. The motion being made,

Mr. TURNEY demanded the yeas and nays, which, being ordered, were-yeas 85, nays 94. So the House refused to adjourn.

Mr. HAND said he had voted ag inst the adjournment, with a view of asking the House to entertain a proposition he wished to present, the object of which was to consider all other petitions having no connection with the present subject.

After some debate of a conversational character, several members here stated that they did not know that Mr. HUNT was laboring under ind sposition, or they would not have voted against the adjournment, and remarked that they would consent to an adjournment.

Mr. MONROE renewed the motion to adjourn, which was carried.

IN SENATE,

THURSDAY, January 23, 1840.

The CHAIR submitted a message from the President of the United States, in compliance with the resolution of the Senate of the 17th inst. a portion of which was read, as follows:

DEPARTMENT OF STATE, Washington, November 6, 1839. SIR: The British Minister, in a note addres ed on the 24 instant, to this Department, states that infor

mation, which had reached his Government in England, and more recent intelligence received by himself from the authorities of the Province of New Brunswick, had made it his duty to call the attention of the Government of the United States, to the alleged facts that-1stly. The armed po se stat oned by the State of Maine, for the protection of the public property in the disputed territory, had extended its operation, and its armed cccupation of the country along the whole way from the valley of the Restook to the mouth of Fish river, into the valley of St. John, and thus into a portion of the Madawaska settlemenis. 2day. That the establishments formed by persons composing the armed parties, on the banks both of the Restook and the Fish river, had assumed an aspect and character decidedly military, and more representing a permanent national possession of the country, than could be required in the civil posse of a land agent, temporarily occupying it for the sole purpose of preventing trespasses. That those establishments were fortified with entrenchmen's and cannon, and garrisoned by a number of armed men, far greater than the occasion would warrant. 3ly. That a permanent State road is being constructed, leading into the valley of the Restook, and from thence on the south side of the St. Johns, to the Fish river; the object of which is to connect those portions of the disputed territory, with the towns of Augusta and Bangor, and other acknowledged parts of the the State of Maine. 4thly. That, moreover, land surveyors, acting under the authority of the State, are employed in marking out lo's and townships within the same po tion of the disputed territory; and that sales of lands are being made, with deeds regularly drawn under the authority of Maine.

The British minister protesting in the name of his Government, against acts of encroachment on the part of the people of Maine, as being at variance with the agreements entered into in the month of February last, first between him and the Secretary of State at Washington, and subsequently, by your Excellency, the Governor of New Brunswick, and Major General Scott, for the purpose of aveit. ing the danger of local collision on the frontier, pending the final settlement of the boundary question between the two Governments, thinks that the establishment, in the meantime, of the new inte rests, and the growing up, as it were, of new proprictary claims upon the lands yet in dispute, which are likely to be the result of the acts referred to, may end by embarrassing the action of both Governments.

In support of this opinion, Mr. Fox states that a similar reasoning was held on the part of the Uni ed States, when, in the year 1837, this Government remonstrated agair st an alleged act, or design rather, of encroachment of a less objectionable character than the operations to which he refers, namely, the survey of a projected line of railroad from Quebec to St. Andrews, passing through a part of the disputed teritory, and he adds that, for the preservation of peace between the people on both sides, and of good will between the two nations, such acts as those complained of, ought to be desisted from, and the existing arrange. ments observed in good faith.

The President, to whom Mr. Fox's note has been communicated, has directed me to express to you his anxious desire, that no occasion should be permitted to call in question, the faithful obser vance by the Governments of the United States and Maine, of the arrangements referred to, a senti ment in which he is confident your Exce lency will freely concur, and to request that you will transmit to this Department, such information as may be in possession of the Government of Maine, in relation to the acts referred to, in order that an appropriate answer may soon be returned to Mr. Fox's com munication. I have the honor to be, &c &c. A. VAIL, Acting Secretary. His Excellency John Fairfield,

Governor of the State of Maine.

The Governor of Maine to the Acting Secretary of

State.

EXECUTIVE Department,

Saco, November 21, 1839. SIR: I have the honor to acknowledge the re

ceipt of your communication of the 6th instant, reciting certain complaints that have been made by the British Government, through its Minister Mr. Fox, of the authorities of this State for certain alleged proceedings on the part of the latter, in relation to "the disputed territory;" and I lose no time in complying with the request "to transmit such information as may be in the possession of the Government of Maine in relation to the acts referred to, in order that an appropriate answer may soon be returned to Mr. Fox's communication."

The first complaint is, "that the armed posse stationed by the State of Maine for the protection of the public property in the disputed territory, advancing beyond the stipulated limits, has extended its occupation of the country along the whole way from the va ley of the Restook to the mouth of Fish river into the valley of the St. Johns, and thus into a portion of the Madawaska settlements."

This complaint is probably founded upon the following facts: Early last spring, the land agent of the State sent a small force, consisting of some twenty-five men, to Fish river, to disperse a band of trespassers understood to be operating at that place. The enterprise was successful. Their camps were broken up, some of the trespassers driven off, and a few, with their teams, were brought out to the settlement on the Aroostook, though subsequently released. The land agent, deeming his work but half accomplished, again sent a small force, of about the same number of men as composed the first party, to the mouth of Fish river, to extend a boom across it to prevent the timber, which hod been cut by the trespassers, beng driven out into the S. Johns, and to prevent further depredations by cutting. That force bas remained there until the present time; and has, I believe, been signally successful in accomplishing the objects of the expedition.

T This proceeding violates no stipulation ever entered into by the authorities of this State. In no proper sense can the Madawaska settlements be said to include the territory as far west as Fish river, upon either side of the St. Johns, it being a distance of some twenty-five miles above it, and the two not being connected by continuous occupations or settlements. But, supposing the Fish river territory to be a part of the Madawaska settlements, even then, I maintain, there has been no infringement of the stipulations on the part of this State, referred to by Mr. Fox. In that arrangement, negotiated through the agency of General Scott, the right was not relinquished, on the part of this Sate, of going any where upon the disputed territory with an armed posse for the purpose of protecting the t mber then recently cut, and to prevent further depredations; but such right was expressly reserved, or rather the intention of exercising it was distinctly avowed.

So far as I am informed, the armed posse have confined their operations to the objects before stated, and have given no just cause of complaint, unless the prohibiting Colonel McLaugh'in, the provincial land agent, from driving timber down the St. Johns into the province of New Brunswick, constitutes such cause. And, in regard to this, I must be permited to say that the authorities of Maine can see no reason for making a distinction between persons attempting to drive our timber from the State into a foreign jurisdiction, whatever may be the prelence set up.

Secondly, it is alleged that the establishments formed by persons composing the armed parties on the banks, both of the Restook and the Fish river, had assumed an aspect and character more decidedly military and more resembling a permanent national possession of the country than could be required in the civil posse of a land agent temporararily occupying it for the sole purpose of preventing trespasses. That these establishments were fortified with entrenchments and cannon, and garrisoned by a number of armed men far greater than the occasion would warrant."

The party at Fish river, as before stated, is composed of about twenty-five men—not militia or soldiers, but hired laborers. A boom has by them been thrown across the river to stop the timber in Its passage down. They have erected a blockhouse

near the boom, and are armed with muskets. If this assumes "an aspect and character," in the eyes of our provincial neighbors "decidedly military," we hope it is not formidable enough to create any alarm. But whether it is a force more than sufficient to protect the public property of the State from numerous bands of lawless men, grown desperate by being deprived of their accustomed plunder, and over whom their own Government seems heretofore to have had but little control, is a question which this State must be permitted to decide for itself. In such a case it would be degrading to consent that limits should be prescribed by any power whatever. If the right to protect our territory from invasion, and the public property from plunder, be clear and undeniable, no less so is the choice of means for carrying that right into effect.

Upon the Aroostook a large number of men have been employed. A boom has been extended across the river-a fortification of hewn timber erected near it-and a blockhouse and a few other more temporary buildings put up. The men stationed at what is called the Fort, say twenty-five or thirty in number, are armed with muskets, and I believe they have also two small pieces of artillery. The remainder, say one hundred to one hundred and twenty-five, have been engaged for the most part in opening roads for summer as well as winter communication, and preparing facilities for supplying the posse. How far these proceedings furnish ground for the complaints of the British Government, you will judge. That any preparations short of them would have been insufficient to protect the public property, to me seems to be clear. At all events, the complaint at the extent of this force, was hardly to have been expected from the British Government just at this mement, when a few days only have elapsed since some fifty of its own subjects, bearing the Queen's arms, and otherwise uitably equipped, headed by a veteran militia captain, made an assault in the dead of night upon that very force which is now described as greater than the occasion would warrant."

No better justification is needed for the course which has been pursued by Maine, especially in regard to the force employed, than a reference to this case. Nor is the force of the circumstance diminished by the fact, that this attack was repulsed by the firing of but one gun; for a disposition is manifested which may not always exhibit itself in so harmless a manner. Again, the complaint at our "establishments upon the disputed territory for ified with entrenchments and cannon,” would seem to come with but little show of consistency from the British Government, when it has just completed most extensive and permanent barracks upon the same territory, north of the St. Johns and is in the habit of transporting troops and munitions of war over it at their pleasure.

The third allegation is, "that a permanent State road is being constructed, leading in'o the valley of the Arcostcok, and from thence, on the south side of the St. Johns to the Fish river, the object of which is to connect these portions of the disputed territorry with the towns of Augusta and Bangor, and other acknowledged parts of the State of Maine."

That a road commencing near Mattawamkeag point, in the coun'y of Penobscot, extending to the Aroostook river, and thence on to the mouth of Fish river, upon the St. Johns, is in process of construction, and is even nów passable the whole way with some vehicles, is certainly true.. But it is not percceived why,at this particular time, it should be regarded as a cause of complaint. This is no new thing. An appropriation for this road was made by the Legislature of this State, as early as 1826; from which ime it has steadily progressed, and in another year, p obably, will be nearly, if not quite, completed. To say nothing of other advantages anticipated from it, it is manifest that it will afford great facilities for preventing trespasses upon the public lands; and indeed, I may say that trespassing upon the streams emptying high up upon the St. Johns, cannot be prevented without such a road. This, therefore, is no new proje t, got up in violation of any stipulation or understanding, to which this State

has in any way been a party, or for the purpose of gaining an additional extent of possession; but is the exercise of a lawful right over that portion of the territory to which we have not only the legal title, but over which we have ever had possession and jurisdiction.

But again, may I not inquire with what pr priety and consistency this complaint is made on the part of Great Britain, when she has herself constructed a permanent railroad over a large part of the territory north of the St. Johns, which, it is understood, was very thoroughly repaired the present season, and over which her subjects are constantly passing.

The last allegation is, "that land surveyors, acting under the authority of the State, are employed in marking out lots and townships within the same portion of the disputed territory, and that sales of land are being made with deeds regularly drawn under the authority of Maine."

That Maine is now managing, in the particulars mentioned, these lands upon the Aroostook, and those south of the St. Johns, in the same manner that she has been accustomed to since her separation from Massachusetts, and as that Stale managed them prior to that period, is true. For the last thirty years we have been occasionally surveying and lotting these lands, granting them for literary, charitable, and religious purposes, and selling in small lots to actual settlers. And has this boundary question so far advanced, it may le asked, that we cannot now do, without a remonstrance on the part of the British Government, what we have been so long in the habit of doing? Has the almost interminable negotiations--all the effor's that have been put forth-all the even's that have occurred-especially the exciting events of the last year-but served to weaken our title, diminish our rights, and curtail our privileges? Sure I am that Maine will not readily adopt such a view, or quietly yield to its consequences. She has been indulging the hope that some progre s made towards an acknowledgment of her rights, and the acquisition of her property had been made, and I am well persuaded she has no disposition, at the present time, to make any retrograde move

ment.

In compliance with your request, I have now communicated the facts upon which the complaints of the British Government are supposed to be founded. In doing it, and in the accompanying remarks, I have had no intention or desire of producing irritation, or adding, in any degree, to the excitement already exisung. This subject is far too momentous, an 1 too nearly involves the peace of the countries interested, to justify any remarks founded in passion or feeling. But it is due to the State, whose organ, upon this occasion, I am, as well as to the whole country, to speak plainly, and without disguise. And, under this solemn impression, I must say, that Maine, in my opinion, has done nothing which she was not fully justified in doing, and nothing which she will not be ready to def nt with her best powers. And further, that though she has not yet taken military possission of the disputed territory, a continued disposition, on the part of the British Government, to delay a settlement of the boundary question, will not fail, in my opinion, to induce such a step, whatever may be the consequences, should she not be relieved from that responsibility by the action of the General Governn.ent.

With the most earnest desire for a just, peaceful, and speedy settlement of the question, I have the honor to subscribe myself, with high respect, your most obedient servant,

JOHN FAIRFIELD, Governor of Maine. A. VAIL, E.q. Acting Secretary of State.

The Governor of Maine to the President of the United States.

STATE OF MAINE, EXECUTIVE DEPARTMENT, Augusta, December 23, 1839. SIR. It having been reported to me that a large number of British tro ps had b en stationed at Temiscouata lake, in the disputed territory, ant seeing extracts from the provincial papers confir. matory of these reports, I deemed it proper to ap

may remain to obstruct that final and friendly settlement of the controversy, which the undersigned feels persuaded it is the equally earnest desire of both Governments to accomplish.

The undersigned avails himself of this occasion to renew to the Secretary of State of the United States the assurance of his distinguished considera. H. S. FOX.

tion.

Hon. JOHN FORSYTH, &c &c. &c.

Mr. Forsyth to Mr. Fox.
DEPARTMENT of State,

Washington, December 24, 1839. The undersigned, Secretary of State of the United States, having, in pursuance of directions from the President, requested the Governor of Maine to communicate to him such information as might be in his possession in relation to a complaint preferred by Mr. Fox, Envoy Extraordinary and Minister Plenipotentiary of Great Britain, ia a note dated the 2d ultimo, of alleged encroachments on the part of the State of Maine upon the territory in dispute on the Northeastern frontier of the United States, is enabled, by a recent communication from the Governor of the State, to lay before Mr. Fox, for the information of his Government, the following statements and observations:

With reference to the first ground of complaint, the undersigned is informed that, early last spring, the land agent of Maine despatched a small force, consisting of about twenty five men, to Fish river, for the purpose of dispersing a band of trespassers understood to have been operating at that place, in consequence of which the trespassers' camps were broken up, some of them driven off, and a few, with their teams, brought to the settlement on the Aroostook, but subsequently released: that the land agent, in further pursuance of what he deemed his duty, again sent a party of about the same number of men to the mouth of Fish river, to extend a boom across it, in order to prevent the timber, which had been cut by the trespassers, from being driven out into the St. Johns, and to hinder further depredations by cutting. The object of the expe. dition had been accomplished, and the party remained on the ground, at the date of the Governor's communication.

So far the u dersigned is unable to perceive that any thing has been done by the people of Maine, in any way contravening the spirit of the agreement entered into with Mr. Fox, or that of the arrangement proposed by General Scott, and subscribed to by the authorities of Maine and New Brunswick. In the first place, the territory contiguous to the mouth of the Fish river, on either side of the St. Johns, can, in no proper sense, be considered as included in the Madawaska settlement. It is distant some twenty five mil s above it, and the two points are not connected by any continuous occupations or settlements of the country. But even if the point referred to formed part of the Madawaska settlement, the agreement of the 27th of February stipulated that, in the event of necessity for dispersing notorious trespassers, or protecting public property from depredation, by armed force, the operation would be conducted jointly or separately, according to agreements between the Governments of Maine and New Bruns. wick. Under such an agreement, negotiated through the agency of General Scott, the Governor of Maine was to maintain within the disputed territory, under a land agent, a small civil posse, armed or unarmed, to protect the timber recently cut, and to prevent further depredations, without any limitation as to the sphere of its operation within the bounds of the disputed territory. To the attainment of those ends, the action of the parties detached by the Maine land agent appears, so far as the undersigned is informed, to have ben strictly confined.

As to the military aspect and character alleged by Mr. Fox to have been a sumed by the parties on the Restook and Fish rivers, it appears that those despatched to the last mentioned points, composed, as stated, each of about twenty-five men, Leither militia nor solders, but hired laborers, were, it is true, armed with muskets, and had extended a boom across the river, and erected a blockhouse for its protection and their own against the

numerous bands of lawless men, grown desperate by being deprived of their accustomed plunder, and over whom her Majesty's authorities appear to have exercised but little control. Such measures of precaution cannot but be regarded as dictated by prudential motives, if not by the necessity of the case, and the fitness and extent of the preparation, ap. pear to the undersigned questions which could not understandingly be discussed away from the scene of action, and which, of necessity, can only be properly decided by those persons whose safety was to be secured.

Upon the Aroostook, which has been the pivot of the operations of the land agent's posse, a larger number of men has been employed. They have also extended a boom across the river, and erected near it a fortification of hewn timber, and a few other more temporary buildings. The twentyfive or thirty men stationed there,are likewise armed with muskets, and, it is believed, have also two small pieces of artillery. The remainder, about one hundred and twenty-five, have, for the most part, been engaged in opening roads for sumner, as well as for winter, communications, and in preparing facilities for supplying the posse. Any preparations short of these, would, it is s'ated, have been insufficient to protect the public property; and the authorities of Maine cannot repress a sentiment of surprise, that these should now be made a subject of complaint, when, but a short time since, the establishment was assaulted by a party of some fifty men, suitably equipped, commanded by a captain of militia, and bearing the Queen's arms, in the repulsion of which the occupants displayed a spirit of forbearance and moderation sufficiently in harmony with the avowed and sole object of their occupation of the territory; and that surprise is in no way diminished by the fact that the agents of the British Government have just completed extensive and permanent barracks on the same territory, north of the St. J. hns, and are in the habit of transporting troops and munitions of war over it at their convenience.

The construction of the road leading into the valley of the Aroostook, would not, it is apprehended, have been deemed, at this time, a just cause of comp'aint, had Mr. Fox adverted to the fact that the work was commenced as long ago as 1826, under an appropriation by the Legislature of the State of Maine, and that from that time it has steadly advanced, so that another year will probably see it completed, from near Maltawamkeag Point, in the county of Penobscot, to the Aroostook river, and thence to the mouth of Fish river, on the St. Johns. It is, therefore, no new project, conflicting with any existing arrangement, nor with any understanding to which the State of Maine has become a party, but the exercise of a lawful right over a portion of the territory in dispute, of and over which it ever has had possession and jurisdiction. To say nothing of other advan tages anticipated 'from the completion of the road, it will afford great facilities for preventing tres passes upon the public lands; and, indeed, it is considered that trespassing upon the streams emptying high up upon the St. Johns, cannot be prevented without such a road.

The Governor of Maine considers, that, in carry. ing on the work referred to, the State has done no more that is inconsistent with the respective rights of the parties, than have the authorities of her Majesty's province, in constructing, and, recently, as it is understood, in thoroughly repairing a permanent mail road over a large portion of the territory north of the St. Johss.

The last allegation in Mr. Fox's note, forming a cause of complaint against the State of Maine relates to her management of the lands upon the Aroostook. In this particular, the undersigned is enabled to observe that the proceedings complained of differ, in no way, from those which Maine, si ce her separation from Massachusetts, and the last named State previously to it, have ever pursued in regard to the public lands. For the last thirty years the State has been occasionally surveying and lotting those lands, gran'ing them for literary, charitable, and religious purposes, and seling them in small lots to actual settlers. Of this right, so long exercised, Maine alleges that she has

done nothing to divest herself, and that the discussions and negotiations upon the Maine question of boundary could not have had the effect of weakening her title to rights she had so long leen in the habit of enjoying.

It is with no little surprise that, in the face of the complaints, which form the subject of Mr. Fox's note, the President has received intelligence of her Majesty's colonial authorities having recently stationed a regiment of regular troops, part at the north, and part at the south end of Lake Temiscoua a and of her Majesty's forces having commenced building barracks on both sides of the St. Johns, at its conduence with the Madawaska. Such proceedings on the part of the agents of the British Government would, if true, consti

e such a flagrant contravention to the existing understanding between the parties, that the President cannot but hope that the report which has reached him of the occupation referred to, is founded upon incorrect information.

The undersigned requests that Mr. Fox will communicate to him such information, if any, as he may have in his possession in relation to the subject, and that he will, by such representations as the circumstances, if tounded in fact, will obvi ously suggest, impress her Majesty's colonial a thorities with a sense of the inexpediency and impru dence of such proceed ngs, and of the unhappy conequences likely to attend their persistence therein.

The undersigned avails himself of this occasion to renew to Mr. Fox the assurance of his distinguished consideration. JOHN FORSYTH. HENRY S. Fox, esq. &c &c. &c.

Mr Fox to Mr. Forsyth.

WASHINGTON, Jan 12, 1840. The undersigned, her Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary, his the honor to acknowledge the receipt of the official note addressed to him by the Secretary of State of the United States, on the 24th of December, in reply to a previous note, which, by direction of his Government, the undersigned had addressed to the Secretary of State on the 21 of November, in relation to various and continued acts of encroachment committed by the authori ies and inhabitants of the State of Maine, within that tract of territory on the Northeastern frontier of the United States, the true title to the possession of which, according to th terms of the treaty of 1783, is at pre ent in dispute between the British and American Governments.

The undersigned has lost no time in transmitting to her Majesty's Government the official note of the Secretary of State. He has, in the meantime, to express his extreme regret that the explana ions furnished by the authorities of the State of Maine, and communicated to the undersigned by the Secretary of State, in relation to the encroachments complained of, both as regards the construction of roads and public works, and the sale and alienation of lands, are of a character which mus' render them a'together unsatisfactory to the Government of Great Britain. It would appear, in fact, as if a reference by the General Government to the authorities of Maine, of the complaints preferred by Great Britain, had produced no other reply or explanation from the authorities of Maine, than a reteration of their intention to persist in the commission of the acts complain-d of, whether in accordance with the obligations of international jus

tice or not.

The undersigned does not permit himself to relinquish the hope that, through the wisdom an! integrity of the General Government of the United States, in unison with the sincere endeavors of her Majesty's Government, it will still be found possib'e to bring the pending controversy of the dispu'el boundary to a satisfactory and amicable conclu. sion; but it is certain that the public acts, and pub. ic declarations of the authorities of Maine, are continually calculated, as far as in them lies, to render such amicable conc'usion more difficult and more distant.

With reference to the concluding part of the official note of the Secretary of S ate, wherein observations are made upon certain reported movements of British troops in the neighborhood of Lake Temiscouata, and at other points within that por

tion of the territory where, according to the provisional agreements entered into at the beginning of last year, no interference was to be attempted, with the exercise of British authority, pending the negotiation of the boundary question, the undersigned can distinctly assure the Secretary of State that there exists no intention on the part of her Majesty's authorities to cancel or infringe the terms of those provisional engagements, so long as the same are observed with fidelity by the other party.

The particular motives, and the amount of the present movement of troops, have been explained in a frank and satisfactory manner to the Governor of Maine by the Lieutenant Governor of New Brunswick, in a correspondence which has been made public, and w ich, it appears, has been officially communicated by the Governor of Maine to the President of the United States.

With regard, however, generally to the reinforcement of military posts, and other defensive and precautionary measures, whether along the confines of the disputed territory, or within that portion of it where, according to the provisional agreements before cited, the authority of Great Britain was not to be interfered with, the undersigned has to observe that the adoption of such measures by her Majesty's authorities cannot be, with reason, objected to or complained of by the Government of the United States, when regard is had to the reports which have for some time past been circulated, (and of the prevalence and consistency of those reports the United States Government are themselves fully aware,) respecting the probable intention of the Legislature of the State of Maine to revoke, during its present session, the provisional agreements now in force, and to authorise some new and extensive act of aggression over the stipulated territory. And the undersigned has regretted to observe that the language of the Governor of Maine, in his recent message to the Legislature, at the opening of the session, is calculated to encourage rather than to restrain such rash and obnoxious designs.

The undersigned avails himself of this cccasion to repeat to the Secretary of State of the United States the assurance of his distinguished consideration. H. S. FOX.

The Hon. JOHN FORSYTH, &c. &c. &c.

Mr. Forsyth to Mr. Fox. DEPARTMENT OF STATE, Washington, Jan. 16, 1840. In a note which Mr. Fox, Envoy Extraordinary and Minister Plenipotentiary of Great Britain, addressed on the 12th instant to the unde signel, Secetary of State of the United States, Mr. Fox, alluding to a complaint made by the undersigned of ce tain reported movements of British troops in portions of the territory in dispute between the two cun'ries, disclaims all intention on the part of the British authorities to cancel or infringe the terms of the provisional agreement entered into at the beg nning of last year; and this disclaimer is connected with an assumption of the right of Great Britain to streng hen posts, and take measures of (mi itary) precaution, not along the line only, but within portions of the disputed territory, as, by the terms of the ag eements referred to, no interference was to be attempted pending the negotiation of the boundary question, with the exercise of British authority in the neighborhood of Lake Temiscouala, "and at o her points" within a portion of the terri ory supposed to be embraced in the terms of the arrangements. Mr. Fox having stated that he has referred to his Government the representations of the Uni ed States aga nst the military movements alluded to, the undersigned, under a confident expectation that the matter will present itself to the minds of her Majesty's ministers in a light different from that which it is understood by Mr. Fox, would have refrained from any further remarks on the subj c', but in order to cbviate the risk of any misapprehension as to the views of the P.esident concerning it, and inasmuch as the ground assumed by Mr. Fox with respect to the import of the existing arrangements would, if admit ed by the United States, give to those arrangements a scope not authorised by the nguage in which they are expressed, nor by what

is believed to be the intention of the parties, it is proper that the undersigned should call Mr. Fox's immediate attention to the express provisions of the agreement signed by him and the undersigned, and of that which was subscribed to, under the agency of General Scott, by the Governor of Maine and the Lieutenant Governor of New Brunswick.

The main object of those agreements obviously was the restoration and future maintenance of tranquillity in the disputed territory; and as the means of most surely attaining that object, the entire exclusion from its limits of all military foree, to whichever side belonging, and he delegat on to the civil authority exclusively, of the exercise of all power and jurisdiction. With that view, under the first mentioned of those agreements, it was only in case of necessity for dispersing notorious trespass. ers, or pro ect ng public property from depredation, that armed force was to be employed on either side, and then the operation was to be conducted by concert, jointly or separately, according to agreement between the Governments of Maine and New Brunswick. The o her was the result of the contemplated "concert" between the Governments of Maine and New Brunswick; was intended to carry out the object of the first, confiding to the State of Maine the duty of protecting the timber recently cut, and of preventing further depredations, and prescribed that these objec's were to be accomplished through the agency of a civil posse. Accordingly, the Governor of Maine engaged to withdraw, without unnecessary delay, the military force of the State. Without regard, therefore, to the limi s within which either party had before exercised jurisdiction, resort to military force, for any purpose whatever, was interdicted to both parties. With reference to the extent of territory within which each party was to continue to exercise jurisdiction, the first agreement left the question of right where it had before s'ood, and only expressed the conflicting understanding of that question by the Govern nents of the United States and Great Britain, respectively. The agreement between Governor Fairfield ard Sir John Harvey provided, likewise, that the question of possession and ju ris liction should remain as it then stood; but sated where it stood, by providing that Great Bri. tain was to continue holding, in fact, possession of a part of the territory, meaning that part embraced in the Madawaska settlements, in the o-cupancy of which, as well as in the enjoyment of the usual communications between New Brunswick and her Majesty's upper provinces, the Governor of Maine disclaimed all intentions of disturbing the British authorities. Beyond the Madawaska settlements, therefore, circumscribed by the limits within which they stood at the date of the agreement, the United States cannot, under the terms of that agreement, recoguise in the British authorities the right of extending jurisdiction, much less that of forming any military establishments beyond or within them; and those, consequently, which formed the subject of the representations in the ro e of the undersigned of the 12 h of December, pushed, as they are alleged to have been, into tracts of country far beyond any acknowledged limits of those settlements, and wholly unconnected with them, cannot be viewed in any other light thau a bold infraction of existing arrangements, That such is a just view of the agreements, cannot be disputed by Great Britain, as her Majesty's Government has adopted and acte i upon it. In the note of M.. Fox complaining of the encroachments on the part of Maine, and of an armed ocenpation of part of the disputed territory by that State, both are treated as inconsistent with the existing arrangements; and it is presumed her Majesty's Government will not attempt to apply one rule of construction to defend the miliary movements of its colonial authorities, and another to sustain complints against the State Government for ac's which are not foun 'ed upon any apprehended necessity of the use of a regular m litary force for offensive or defensive purposes. Nor can it be imagined that it will be contended that those arrangements ar not perfectly reciprocal, or that there is any difference in the character and the extent of the jurisdiction to be exercised by Great Britain in one portion, and that by the State of

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Maine or the United States in the ther portion, of the disputed territory, comprehended within the temporary arrangements made to preserve tranquillity in both, and guard against any hostile collision be tween the State and colonial governments.

The undersigned having laid Mr. Fox's note before the President, is instructed to state to him, that no reason is perceived for doubting the disposition of the Governor of Maine scrupulously to adhere to the spirit of the existing arrangements, and to avoid all acts tending to render more difficult and distant the final adjustment of the main question of boundary between the two countries; but, in repeating assurances of the readiness of the United States Government to contribute, by all means in its power, to an amicable termination of the dfference, the undersigned is bound to declare that a persistence in, or a repetition of, such acts, on the part of her Majesty's agents, as those now complained of, would, if avowed by Great Britain, be considered as but little in accordance with those as

surances.

The undersigned avails himself f this occasion to renew to Mr. Fox the expression of his distinguished consideration. JOHN FORSYTH. HENRY S. Fox, esq. &c. &c.

WAR DEPARTMENT, January 22, 1840. SIR: In reply to that portion of the resolution of the Senate, referred by your direc ion to this De. partment by the Secretary of State, which requests you "to communicate to the Senate, so far as may not be incompatible with the public n'erest, whether any, and if any, what measures have been taken under the act of Congress of March, 1839, or otherwise, to cause the removal o: expulsion of the British troops, which have taken possession of a port on of the territory of Maine, claimed by Great Britain, and especially whether, since the last sessin of Congress, any military posts have been established in Maine, or any other military measures adopted, preparatory to a jut vindication of the honor and rights of the nation and of Maine, as connected with the per-evering claim made by Great Britain to a portion of the trito y of that State," I have the honor to state, that the circum. stance of a portion of the territory of Maine claimed by Great Britain having been occupied by British troops, was recently communicated to the Government, and having been made the subject of remonstrance, and become a matter of discussion between the two Governments, no measures of a character referred to by the resolution have been taken, either under the act of Congress of March, 1839, or o herwise.

A careful military reconnoisarce of the undisputed boundary of the State of Maine, was made in 1933, and the result submited to the Senate during the last session of Congress; but as no ap. propriation was made for the erection of fortifications on the sites selected for that purpo.e, none were commenced; and as is fully set forth in your last annual message to Congress, it did not appear, that the contingency contemplated by the act alluded to, had occurred, no military measures whatever were deemed necessary, or were adopted. Very respectfully, your most obe lient servant, J. R. POINSETT. To the PRESIDENT of the United States.

On motion by Mr. WILLIAM, five thouan's additonal copies were ordered to le printed.

Al.o, a report from the Secretary of War, in compliance with a resolution of the Senate, relative to the operations for increasing the d ph of water at the mouth of the Mississippi river; which was referred to the Committee on Commerce.

Mr. CALHOUN presented the memorial of the heirs at law of John De Trevil'e, a captain in the Revolutionary army, for commutation; which was referred to the Committee on Revelationary Claims. Mr. LUMPKIN, from the Commit ee on Manu factures, to which was referr d the memorial of certain manufacturers of wool, asked to be dis charged from its further consideration; which was agreed to, and it was laid on the table.

Mr. GRUNDY presented the petition of Thos,