1st. To demand a delivery of persons. 2d. To obtain public information. If not recognized for any other purpose, he might have been permitted as a person authorized to inquire into the truth of facts, important to the rights of the people of the State and peace of the Country. From all the facts, we cannot perceive on what ground they can justify the violation of the State and National sovereignty in the arrest of Baker, on his own soil and freehold, which he holds in fee under the States of Massachusetts and Maine, and the other acts of their officers on the Aroostock. On the ground of title they have no justification, and they can only justify themselves on the ground of a possession de facto, which cannot by the acknowledged principles of law be extended. beyond actual accupation. In the case of Baker the settlemen on his lot was commenced not within even a possession de facto, feeble and slender as that would be; and in relation to the Aroostook there is not even a possession of any kind, unless it has been acquired by the lawless depredations of individuals for which they have, from time to time, atoned by settlements with the agents of the State of Maine. Even the few, who have settled on the Aroostook, settled there considering it to be within this State and intending also to settle out of the province of New Brunswick. The course pursued by the British must be accounted for on another principle, than a cautious abstinance of the exercise of authority which could invite encroachments as a measure of retaliation." When the British are thus attempting to extend their intrusion and imprisoning and otherwise harrassing by legal process citizens of Maine, they have constitutional claims on her pro testion; and although Massachusetts and Maine from the treaty of peace have exercised the same jurisdiction over all the wild lands which had not been particularly appropriated for cultivation to this time; if such acts are repeated it cannot be expected that Maine will be a quiet spectator. It will be her duty to enforce her laws within her own jurisdiction, and to protect her own rights and the rights of her citizens. The Government of the United States have a duty to perform towards the State, and its citizens, not less towards those who are forcibly taken from the territory, and imprisoned, than towards those who are taken from the national marine. An agent has been sent to the province of New-Brunsiwck who has returned, and we have a confidence that the whole business will be adjusted, and that the constitutional rights of the State and the liberties and rights of the citizens will be protected and preserved. Your committee impressed with the importance of the subject to this State and the United States, and approving most cor aially, of the measures taken by the Governor, believe from the past that the State has a well founded assurance that its best interests will be protected and its constitutional rights preserved. JOHN L. MEGQUIER. JOSHUA W. HATHAWAY. JOHN G. DEANE. HENRY W. FULLER. WILLIAM VANCE. JOSHUA CARPENTER. RUFUS BURNHAM. STATE OF MAINE. HOUSE OF REPRESENTATIVES, Jan. 26, 1828. All which with the annexed Resolve and Documents is respectfully submitted by Order of the Committee. JOHN G. DEANE. House of Representatives, Feb. 14, 1828. This Report was read, considered, and unanimously accepted. Sent up for concurrence. JOHN RUGGLES, Speaker. Attest, JAMES L. CHILD, Clerk of the House of Representatives. IN SENATE, Feb. 16, 1828. This Report was read, considered, and unanimously accepted, in concurrence with the House of Representatives. ROBERT P. DUNLAP, President. Attest, EBENEZER HUTCHINSON, Secretary of the Senate. STATE OF MAINE. A Resolve relating to the North-Eastern Boundary. Resolved, That the Governor be, and he hereby is requsted to transmit a copy of the Report of the Committee, to whom was referred so much of his communication, made to the Legislature, as relates to the North Eastern Boundary of this State, to the President of the United States, to the Governor of each State in the Union, and two copies to each of our Senators and Representatives in Congress, and each of our foreign Ambassadors; and that one hundred and fifty copies be at the disposal of the Governor. IN THE HOUSE OF REPRESENTATIVES, Feb. 16, 1828. JOHN RUGGLES, Speaker. Attest-JAMES L. CHILD, Clerk. IN SENATE, Feb. 18, 1828. ROBERT P. DUNLAP, President. Attest-EBENEZER HUTCHINSON, Secretary. February 18, 1828.... Approved. ENOCH LINCOLN. ERRATA. Page 5-Insert in the 22d line from the top, the word CANNOT, between the words connexion and be. Page 8.-In the 13th line from the bottom, dele 6 and insert 5, so that it will read 1535 instead of 1635. Page 13.-Note at the bottom, dele 7, 8, 9, and read 8, 9, 10. Page 18-Before the word in, at the commencement of the top line, insert the word ON. Page 20.-In the 16th line from the bottom dele treaty was and insert TREATIES WERE; and at the end of the same line, dele it was and insert THEY WERE. In the 8th line from the bottom, after the word prescribed read, TO THE EASTERN PART At the end of the 16th line from the top, after the word the, read, ANGLE. Page 36. In the 12th line from the bottom after the word latitude, read, DUE WEST BY A LINE ON SAID LATITUDE. Pages 46 and 47.-In all places where the word Oroostook occurs, read, AROOSTOOK. STATE OF MAINE. A Resolve in relation to aggressions upon the North-Eastern Frontier of the State. Whereas the sovereignty of this State has been repeatedly violated by the acts of the agents and officers of the Government of the British Province of New Brunswick, and that government, by its agents and officers, has wantonly and injuriously harrassed the citizens of this State, residing on the North Eastern frontier of the same, and within its limits, by assuming to exercise jurisdiction over them, in issuing and executing civil and criminal process against them, by which their property has been seized, and some of them arrested and conveyed out of the State, and subjected to the operation of the laws of that Province; in establishing military companies within the Territory of this State; imposing fines for neglect of military duty; imposing upon our said citizens an alien tax, and requiring payment of the same; and Whereas, by the exercise of the aforesaid unwarranted acts of jurisdiction by the government of the said Province, some of our citizens have been deprived of their liberty, their property destroyed, many of them driven from their lands and dwellings, the tranquility and peace of all of them disturbed, and the settlement and population of that part of the State adjoining said Province, greatly retarded, if not wholly prevented: Therefore, Resolved, That the present is a crisis, in which the government and people of this State, have good cause to look to the government of the United States for defence and protection against foreign aggression. Resolved further, That if new aggressions shall be made by the government of the Province of New-Brunswick upon the territory of this State, and upon its citizens, and seasonable protection shall not be given by the United States, the Governor be, and he hereby is requested to use all proper and constitutional means in his power, to protect and defend the citizens aforesaid in the enjoyment of their rights. Resolved further, That, in the opinion of this Legislature, the Executive of the United States ought, without delay, to demand of the British Government the immediate restoration of John Baker, a citizen of this State, who has been seized by the officers of the Province of New-Brunswick, within the territory of the State of Maine, and by them conveyed to Fredericton, in said Province, where he is now confined in prison; and to take such measures as will effect his early release. Resolved further, That the Governor be, and he hereby is, authorized and requested, with the advice and consent of Council, from time to time, to extend to the family of the said John Baker, such relief as shall be deemed necessary; and he is hereby authorized to draw his warrant on the Treasury for such sum or sums as shall be required for that pur pose. In the House of Representatives, Feb. 16, 1828, Read and passed. Attest, JAMES L. CHILD, Clerk. JOHN RUGGLES, Speaker. In Senate, February 18, 1828. ROBERT P. DUNLAP, President. Attest, EBENEZER HUTCHINSON, Sec'ry. ENOCH LINCOLN. |