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compelled to add that I am empowered to allow this privilege only in the event of a settlement of the boundary on satisfactory terms. It is said, in the memorandum of the Maine commissioners, that this conceded navigation will be as useful to the town of St. John as to the lumberers of Maine ; but it will not escape you that, even if this be so, it is a concession necessary to give any value whatever to so bulky an article as lumber, which, being not otherwise disposable, would bear any reasonable toll which the Provincial authorities of New Brunswick might think it expedient to levy upon it. Further, it should not be forgotten that the timber, once at the mouth of the St. John, will have the privilege of reaching the British as well as other markets; and lastly, that it is a very different thing to hold a privilege of this important description by right or by mere sufferance, to be granted or withheld at pleasure."

The negotiation, soon after this, seems to have been carried on principally by personal conferences, which terminated in the written statement by Mr. Webster of the line, with its considerations and equivalents, in conformity to the result of the oral discussions. He communicates to the Maine commissioners the proposition, and in relation to this subject he says to them, (page 82,)

“If this line should be agreed to, on the part of the United States, I suppose that the British minister would, as an equivalent, stipulate, first, for the use of the river St. John, for the conveyance of the timber growing on any of its branches, to tide water, free from all discriminating tolls, impositions, or inabilities of any kind, the timber enjoying all the privileges of British colonial timber. All opinions concur that this privilege of navigation must greatly enhance the value of the territory and the timber growing thereon, and prove exceedingly useful to the people of Maine.”

The Maine Commissioners in conclusion of their answer, say, (page 98,) “If, upon mature consideration, the Senate of the United States shall advise and consent to the ratification of a treaty, corresponding in its terms with your proposal, and with the conditions in our memorandum accompanying this note (marked A), and indentified by our signatures, they, by virtue of the power vested in them by the resolves of the Legislature of Maine, give the assent of that State to such conventional line, with the terms, conditions, and equivalents, herein mentioned.”

In the memorandum of the Maine Commissioners, marked A., is the following, (page 99,)

“3d. That the right of free navigation of the St. John, as set forth in the proposition of Mr. Webster, on the part of the United States, shall extend to and include the products of the soil, in the same manner as the products of the forest, and that no toll, tax, or duty be levied upon timber coming from the territory of Maine.”

The treaty was thereupon drawn up in form, to give effect to these several provisions. The third article was of course understood by both the negotiators as carrying out the intention of the parties as before expressed. We submit, whether any fair mind can find any ground, either in the treaty itself or in the correspondence preceding it, to sustain or justify or excuse the proposed exaction.

The fact that the proposed law of 1843 excited but little remark, and probably called forth no formal reinonstrance on the part of our Government, may be explained upon the ground, that no one for a moment supposed that the home Government, would sanction it, or ever permit it to go into operation. This confidence proved to be well founded, and that bill was rejected, but, as it would now seem, not on the grounds of its injustice and its violation of the terms of the treaty, but because it did not go far enough in its impositions. The export duty upon timber, passing through and out of the river from American territory to American territory, was required to render it acceptable. That saving clause is now to be added.

The whole people of this Union are interested in the question, and are bound to insist upon a fair and upright execution of the treaty. The States of Maine and Massachusetts are particularly interested as sovereign States, and as owners of the greater part of the land on the waters of the St. John, and the industrious and persevering lumberinen, who endure toil and hardship, and embark their all in their attempts to carry on their enterprises in the far distant forests of Maine, have a right to ask of their Government

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to interpose, promptly, efficiently and perseveringly against this attempt to evade, qualify and in the end to nullify the right granted freely, in consideration of the settlement of a long protracted and dangerous controversy. This appeal they now make, and most respectfully, but most earnestly, entreat the proper authorities of the States and nation to take immediate measures to prevent such injustice to them and such a violation of treaty engagements.

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House of REPRESENTATIVES,

February 28, 1845. Laid on the table, and 350 copies ordered to be printed for the use of the legislature.

SAMUEL BELCHER, Clerk.

TWENTY-FIFTH LEGISLATURE.

No. 18.]

[HOUSE.

STATE OF MAINE.

IN THE YEAR OF OUR LORD ONE THOUSAND EIGHT HUNDRED AND

FORTY-FIVE.

AN ACT additional to an act incorporating the Bangor

Boom Company, approved March 22d, 1843.

Be it enacted by the Senate and House of Represent2 atives in Legislature assembledas follows: 3 Section 1. The corporation created by the act to 4 which this act is additional, shall have the right to 5 take and use land on the shores of the Penobscot 6 river, on each side thereof, for the purposes author7 ized by said act, but not for a greater distance than 8 one mile above the foot of Treat's falls, near Bangor. 9 And may also take and use all necessary rights of way 10 over other lands contiguous to said shores, for the 11 purposes

of access thereto. Sec. 2. Any person whose land or rights therein 2 shall be so taken by said corporation may make his 3 complaint for damages therefor to the district court 4 for the eastern district, at any term thereof, holden

Wm. T. Johnson, Printer to the State.

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5 within and for the county of Penobscot, and a com6 mittee of three disinterested persons shall thereupon be 7 appointed by said court, after due notice to the cor8 poration, to ascertain the damages suffered by the 9 complainant, and to estimate such other compensation 10 as is herein provided. Such committee shall be re11 quired to be duly sworn, and to give notice of their 12 proceedings as provided in the case of commissioners 13 appointed by the supreme court to make partition of 14 lands. They shall ascertain all the damage suffered 15 by the complainant from the time his land was so 16 taken to the time of making their report, and shall 17 also estimate the annual value to such complainant of 18 his land aforesaid, for and during such time after the 19 date of said report as the same may be taken and 20 used by the corporation. And said committee shall 21 make return of their report of such damages and an22 nual value to the district court aforesaid.

Sec. 3. If either party shall be dissatisfied with the 2 report of the committee, and shall demand a trial by 3 jury, the court shall allow and direct such trial, upon 4 a proper issue, as in cases at common law. If the 5 amount reported by the committee shall be increased 6 by the verdict of the jury, the complainant shall re7 cover costs of such trial, and if the amount be 8 diminished, the corporation shall recover such costs, 9 but costs on the complaint and report shall in all cases 10 be paid by the corporation.

Sec. 4. If a trial by jury is not demanded, the court

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