SPECIAL MESSAGES.
WASHINGTON, December 6, 1838.
To the Senate and House of Representatives of the United States:
The act of the 1st July, 1836, to enable the Executive to assert and prosecute with effect the claim of the United States to the legacy bequeathed to them by James Smithson, late of London, having received its entire execution, and the amount recovered and paid into the Treasury having, agreeably to an act of the last session, been invested in State stocks, I deem it proper to invite the attention of Congress to the obligation now devolving upon the United States to fulfill the object of the bequest. In order to obtain such information as might serve to facilitate its attainment, the Secretary of State was directed in July last to apply to persons versed in science and familiar with the subject of public education for their views as to the mode of disposing of the fund best calculated to meet the intentions of the testator and prove most beneficial to mankind. Copies of the circular letter written in compliance with these directions, and of the answers to it received at the Department of State, are herewith communicated for the consideration of Congress.
M. VAN BUREN.
WASHINGTON, December 7, 1838.
To the House of Representatives of the United States:
I herewith transmit to the House of Representatives reports[38] from the Secretary of State and the Secretary of the Treasury, with accompanying documents, in answer to the resolution of the House of the 9th of July last.
M. VAN BUREN.
WASHINGTON, December 8, 1838.
To the Senate and House of Representatives of the United States:
I herewith transmit a special report made to me by the Secretary of the Treasury, for your consideration, in relation to the recently discovered default of Samuel Swartwout, late collector of the customs at the port of New York.
I would respectfully invite the early attention of Congress to the adoption of the legal provisions therein suggested, or such other measures as may appear more expedient, for increasing the public security against similar defalcations hereafter.
M. VAN BUREN.
WASHINGTON, December 14, 1838.
To the Senate of the United States:
With the accompanying communication of the Secretary of War I transmit, for the consideration and constitutional action of the Senate, a treaty concluded with the Miami tribe of Indians on the 6th ultimo. Your attention is invited to that section which reserves a tract of land for the use of certain Indians, and to other reservations contained in the treaty. All such reservations are objectionable, but for the reasons given by the Secretary of War I submit to your consideration whether the circumstances attending this negotiation, and the great importance of removing the Miamies from the State of Indiana, will warrant a departure in this instance from the salutary rule of excluding all reservations from Indian treaties.
M. VAN BUREN.
WAR DEPARTMENT, December 14, 1838.
The PRESIDENT OF THE UNITED STATES.
SIR: I have the honor to lay before you, for submission to the Senate for its action if approved by you, a treaty with the Miami tribe of Indians concluded on the 6th ultimo. In doing so I beg to call your attention to that section which reserves from the cession made by the Miamies a tract of land supposed to contain 10 square miles, and to other reservations according to a schedule appended to the treaty. The commissioner who negotiated this treaty is of opinion that it could not have been concluded if he had not so far departed from his instructions as to admit these reservations. And it is to be feared that if the rules adopted by the Department in this particular be insisted upon on this occasion it will very much increase the difficulty, if it does not render it impracticable to acquire this land and remove these Indians—objects of so much importance to the United States and especially to the State of Indiana.
Very respectfully, your most obedient servant,
J.R. POINSETT.
WASHINGTON, December 18, 1838.
To the House of Representatives of the United States:
I transmit the accompanying documents, marked from 1 to 5,[39] in reply to a resolution of yesterday's date, calling for copies of correspondence between the Executive of the General Government and the governor of Pennsylvania in relation to "a call of the latter for an armed force of United States troops since the present session of Congress," and requiring information "whether any officer of the United States instigated or participated" in the riotous proceedings referred to in the resolution, and "what measures, if any, the President has taken to investigate and punish the said acts, and whether any such officer still remains in the service of the United States."
M. VAN BUREN.
WASHINGTON, December 20, 1838.
To the House of Representatives:
I have the honor to transmit herewith additional letters and documents[40] embraced in the resolution of the House of Representatives of the 17th instant.
M. VAN BUREN.
WASHINGTON, December 20, 1838.
To the House of Representatives:
An important difference of opinion having arisen concerning the construction of an act of Congress making a grant of land to the State of Indiana,[41] and in which she feels a deep interest, I deem it proper to submit all the material facts to your consideration, with a view to procure such additional legislation as the facts of the case may appear to render proper.
The report of the Secretary of the Treasury and the documents annexed from the General Land Office will disclose all the circumstances deemed material in relation to the subject, and are herewith presented.
M. VAN BUREN.
WASHINGTON, December 26, 1838.
To the Senate and House of Representatives of the United States:
I transmit for your consideration the inclosed communication and accompanying documents from the Secretary of War, relative to the present state of the Pea Patch Island, in the Delaware River, and of the operations going on there for the erection of defenses for that important channel of commerce.
It will be seen from these documents that a complete stop has been put to those operations in consequence of the island having been taken possession of by the individual claimant under the decision, in his favor, of the United States district court for the district of New Jersey, and that unless early measures are taken to bring the island within the jurisdiction of the Government great loss and injury will result to the future operations for carrying on the works. The importance of the subject would seem to render it worthy of the early attention of Congress.
M. VAN BUREN.
WASHINGTON, December, 1838.
To the Senate:
I transmit a letter from the Secretary of War, accompanied by a communication from the Commissioner of Indian Affairs, on the subject of granting to the Chickasaw Indians subsistence for the further term of seven months. Should it be the pleasure of the Senate to give its sanction to the measure suggested by the Commissioner for this purpose, my own will not be withheld.
M. VAN BUREN.
WASHINGTON, January 7, 1839.
To the Senate of the United States:
In compliance with the resolution of the Senate of the 20th December last, I communicate to the Senate reports from the several Executive Departments, containing the information[42] called for by said resolution.
M. VAN BUREN.
WASHINGTON, January 9, 1839.
The PRESIDENT OF THE SENATE OF THE UNITED STATES.
SIR: I transmit herewith a report from the Secretary of the Navy, in answer to the resolution of the Senate of the 3d instant, calling for information in regard to the examinations of inventions designed to prevent the calamities resulting from the explosion of steam boilers, directed by the acts of Congress of the 28th of June and the 9th of July last.
M. VAN BUREN.
WASHINGTON, January 10, 1839.
To the House of Representatives:
I communicate to the House of Representatives, in compliance with its resolution of the 3d instant, reports[43] from the Secretaries of State and War, containing all the information called for by said resolution now in possession of the Executive.
M. VAN BUREN.
WASHINGTON, January 11, 1839.
To the Senate of the United States:
I transmit herewith a report of the Secretary of War, in reply to the resolution of the Senate of yesterday's date, calling for information respecting the agreement between him and the United States Bank of Pennsylvania on the subject of the sale or payment of certain bonds of that institution held by the United States, and respecting the disposition made of the proceeds thereof.
M. VAN BUREN.
WASHINGTON, January 15, 1839.
To the Senate of the United States:
In compliance with a resolution of the Senate of the 9th of July last, I transmit reports[44] from the several Departments of the Government to which that resolution was referred.
M. VAN BUREN.
WASHINGTON, January 16, 1839.
To the Senate and House of Representatives of the United States:
I lay before you a communication from the Secretary of War, which is accompanied by one from the Commissioner of Indian Affairs, suggesting the propriety of setting apart a tract of country west of the Mississippi for the Seminole Indians, so that they may be separate from the Creeks, and representing the necessity of a small appropriation for supplying the immediate wants of those who have been removed; and I respectfully recommend these subjects for the early consideration and favorable action of Congress.
M. VAN BUREN.
JANUARY 17, 1839.
To the Senate and House of Representatives:
I herewith communicate to Congress a letter from the Secretary of the Treasury, in respect to the Florida claims under the treaty of 1819 and the subsequent acts of Congress passed to enforce it.
The propriety of some additional legislation on this subject seems obvious. The period when the evidence on the claims shall be closed ought, in my opinion, to be limited, as they are already of long standing, and, as a general consequence, the proof of their justice every day becoming more and more unsatisfactory.
It seems also that the task of making the final examination into the justice of the awards might advantageously be devolved upon some other officer or tribunal than the Secretary of the Treasury, considering the other responsible, laborious, and numerous duties imposed on him at the present juncture.
M. VAN BUREN.
WASHINGTON, January 17, 1839.
To the Senate and House of Representatives of the United States:
I transmit herewith a communication from the Secretary of the Treasury, which presents for the consideration of Congress the propriety of so changing the second section of the act of March 2, 1837, as that the existing humane provisions of the laws for the relief of certain insolvent debtors of the United States may be extended to such cases of insolvency as shall have occurred on or before the 1st day of January, 1839.
M. VAN BUREN.
WASHINGTON, January 17, 1839.
The SPEAKER OF THE HOUSE OF REPRESENTATIVES:
In answer to the resolution of the House of Representatives of the 14th instant, calling for information as to the proceedings under the act of Congress of the 28th of June last, providing for examinations of inventions designed to prevent the explosion of steam boilers, I transmit herewith a copy of a report of the Secretary of the Navy, which was made to the Senate in answer to a similar call from that body, as containing the information called for.
M. VAN BUREN.
WASHINGTON, January 18, 1839.
To the House of Representatives:
In addition to the information contained in a report from the Secretary of State communicated with my message of the 30th April, 1838, I transmit to the House of Representatives a report[45] from the Secretary of War, dated the 16th instant, in answer to a resolution of the House of the 19th March last, and containing so much of the information called for by said resolution as could be furnished by his Department.
M. VAN BUREN.
WASHINGTON, January 21, 1839.
To the Senate of the United States:
I transmit herewith to the Senate, for their consideration in reference to its ratification, a treaty of commerce and navigation between the United States of America and His Majesty the King of the Netherlands, signed at this place on the 19th instant by the Secretary of State and the chargé d'affaires of the Netherlands in the United States.
M. VAN BUREN.
WASHINGTON, January 21, 1839.
To the Senate of the United States:
I transmit for the consideration of the Senate with a view to its ratification a convention for the adjustment of claims of citizens of the United States upon the Government of the Mexican Republic, concluded and signed in this city on the 10th of September last by John Forsyth, Secretary of State of the United States, and Francisco Pizarro Martinez, envoy extraordinary and minister plenipotentiary of the Mexican Republic, on the part of their respective Governments.
M. VAN BUREN.
WASHINGTON, January 21, 1839.
To the Senate of the United States:
I transmit a treaty negotiated with the New York Indians, which was submitted to your body in June last and amended. The amendments have, in pursuance of the requirement of the Senate, been submitted to each of the tribes, assembled in council, for their free and voluntary assent or dissent thereto. In respect to all the tribes except the Senecas the result of this application has been entirely satisfactory. It will be seen by the accompanying papers that of this tribe, the most important of those concerned, the assent of only 42 out of 81 chiefs has been obtained. I deem it advisable under these circumstances to submit the treaty in its modified form to the Senate, for its advice in regard of the sufficiency of the assent of the Senecas to the amendments proposed.
M. VAN BUREN.
WASHINGTON, January 24, 1839.
To the Senate of the United States:
I transmit herewith to the Senate, for their consideration in reference to its ratification, a treaty of commerce and navigation between the United States of America and His Majesty the King of Sardinia, signed at Genoa on the 26th of November last by the plenipotentiaries of the contracting parties.
M. VAN BUREN.
WASHINGTON, January 25, 1839.
To the Senate of the United States:
I herewith transmit to the Senate a report[46] from the Secretary of State, in answer to their resolution of the 22d instant.
M. VAN BUREN.
WASHINGTON, January 26, 1839.
To the Senate of the United States:
I lay before you, for your consideration, a treaty concluded with the Omaha, Ioway, and Otoe tribes of Indians, and sanctioned by the Yancton and Santie bands of Sioux, by which a tract of land situated on the south side of the Missouri between the Great and Little Nemahaw rivers has been ceded to the United States.
It appears that the consent of the half-breeds of the above-mentioned tribes and bands is wanting to perfect the treaty. This tract of land was ceded by the treaty of 15th July, 1830, to them by the above-mentioned tribes and bands of Indians, and can not be taken from them, even for such a valuable consideration as will relieve their wants, without their assent. In order to avoid unnecessary delay, I submit it to your consideration in order to receive an expression of your opinion as to the manner of obtaining the assent of the minors, whereby all unnecessary delay in the final action upon the treaty will be avoided.
M. VAN BUREN.
JANUARY 28, 1839.
To the Senate and House of Representatives of the United States:
I transmit herewith a communication received from the Secretary of the Treasury, on the subject of the balances reported on the books of the Treasury against collecting and disbursing agents of the Government, to which I beg leave to invite the early attention of Congress.
M. VAN BUREN.
WASHINGTON, January 30, 1839.
To the Senate and House of Representatives:
I herewith transmit a report from the Secretary of the Treasury, on the subject of commissions claimed by agents or officers employed by the General Government.
The propriety of new legislation regulating the whole matter by express laws seems very apparent, and is urgently recommended to the early attention of Congress.
M. VAN BUREN.
WASHINGTON, February 2, 1839.
To the Senate of the United States:
I transmit a report from the Secretary of State, assigning reasons which render it probable that the time limited for the exchange of the ratifications of the convention for the adjustment of claims of citizens of the United States on the Government of the Mexican Republic may expire before that exchange can be effected, and suggesting that the consent of the Senate be requested for an extension of that time. The object of this communication, accordingly, is to solicit the approval by the Senate of such an extension upon the conditions mentioned in the report of the Secretary of State.
M. VAN BUREN.
DEPARTMENT OF STATE,
Washington, February 2, 1839.
The PRESIDENT OF THE UNITED STATES:
The Secretary of State has the honor to report to the President that, according to his instructions, Mr. Martinez, the Mexican minister plenipotentiary, was invited to the Department of State in order to ascertain if he had any recent information on the subject of the convention between the United States and Mexico, transmitted by him to Mexico for ratification by his Government. Mr. Martinez called yesterday and stated that he was without definite information, but expected daily to receive it. He supposed the delay was occasioned by the troubled condition of Mexican affairs, and hoped we would make all due allowances for unavoidable delays. When asked if he had power to enlarge the time for the exchange of ratifications, he said that all his instructions had been fulfilled on the signature of the treaty. The Secretary called his attention to information just received at the Department from Mexico that the treaty was about to be submitted to the Mexican Congress, and he was requested to state what had changed the views of his Government on the question of ratifying the convention, he himself having stated, pending the negotiation, that the President, Bustamente, believed he had full power under the decree of the 20th of May, 1837, to ratify the convention without a reference of it to Congress. He replied that he did not know the causes which had produced this change of opinion. Mr. Martinez appeared to be very solicitous to have it understood that he had done everything in his power to hasten the exchange of ratifications, and to have every allowance made in consequence of the disturbed state of Mexico and her pending war with France. From this conversation and the accompanying extracts from two letters from the consul of the United States at Mexico the President will see that it is by no means improbable, if the ratification of the convention should have been decreed by the Congress of Mexico, that the ratification may not reach the city of Washington until after the 10th of February. The Secretary therefore respectfully represents to the President whether it is not advisable to ask the consent of the Senate to the exchange of the ratifications after the expiration of the time limited, if such exchange shall be offered by the Mexican Government by their agent duly authorized for that purpose. Unless this authority can be granted, a new convention will have to be negotiated and the whole subject passed over until after the next session of Congress.
All which is respectfully submitted.
JOHN FORSYTH.
[Extract of a letter from the consul of the United States at Mexico, dated November 17, 1838.]
On the 13th Mr. Basave did me the honor to call on me, and informed me that he was requested by his excellency the minister of foreign relations, Mr. Cuevas, to inform me that in consequence of his having to go to Jalapa to meet Admiral Baudin, the French minister plenipotentiary, he could not attend to the matters relating to the American question in time for Mr. Basave to go back in the Woodbury, and wished, therefore, that she might not be detained, as was intended, for the purpose of conveying to the United States Messrs. Basave and Murphy.
[Extract of a letter from the consul of the United States at Mexico, dated December 31, 1838.]
On a visit to the minister of foreign relations yesterday he informed me that he was writing a friendly letter to the President of the United States and another to Mr. Forsyth, and said he was about to lay the convention entered into between the two Governments before the new Congress, and if ratified should request of me to procure for it a conveyance to the United States by one of our men-of-war, the time for its ratification being nearly expired.
WASHINGTON, D.C., February 6, 1839.
To the House of Representatives of the United States:
I transmit to the House of Representatives a report[47] from the Secretary of State, with accompanying documents, in answer to a resolution of that body bearing date on the 28th ultimo.
M. VAN BUREN.
WASHINGTON, February 6, 1839.
To the Senate of the United States:
In compliance with a resolution of the Senate of the 19th December last, I communicate to the Senate a report[48] from the Secretary of State, accompanying copies of the correspondence called for by said resolution.
M. VAN BUREN.
WASHINGTON, February 6, 1839.
The SPEAKER OF THE HOUSE OF REPRESENTATIVES.
SIR: I transmit herewith the report of the commissioners appointed under the act of 28th of June last and the supplementary act of July following to test the usefulness of inventions to improve and render safe the boilers of steam engines against explosions.
M. VAN BUREN.
WASHINGTON, D.C., February 9, 1839.
To the House of Representatives of the United States:
I transmit herewith to the House of Representatives a report from the Secretary of State, together with the documents which accompanied it, in answer to the resolution of the 28th ultimo, requesting information touching certain particulars in the territorial relations of the United States and Great Britain on this continent.
M. VAN BUREN.
WASHINGTON, February 13, 1839.
To the Senate of the United States:
I herewith transmit to the Senate a report[49] from the Secretary of State, with accompanying documents, in answer to their resolution of the 1st instant.
M. VAN BUREN.
WASHINGTON, February 16, 1839.
To the Senate:
I transmit for the constitutional action of the Senate treaties recently concluded with the Creek, Osage, and Iowa tribes of Indians, with communications from the Department of War.
M. VAN BUREN.
WASHINGTON, February 19, 1839.
To the House of Representatives:
I transmit a report from the War Department in relation to the investigations had by the commissioners under the resolution of 1st July, 1836, on the sales of reservations of deceased Creek Indians.
M. VAN BUREN.
WASHINGTON, February 21, 1839.
To the Senate of the United States:
I transmit for the constitutional action of the Senate articles supplementary to the treaty with the Chippewas, for the purchase of 40 acres of land at the mouth of the Saginaw River, which are esteemed necessary in the erection and use of a light-house at that point.
M. VAN BUREN.
WASHINGTON, February 22, 1839.
The SPEAKER OF THE HOUSE OF REPRESENTATIVES:
I herewith transmit a report from the Secretary of State, with accompanying documents, on the subject of the blockades of the Mexican coast and of the Rio de la Plata, in answer to the resolution of the House of Representatives of the 11th instant.
M. VAN BUREN.
WASHINGTON, February 25, 1839.
To the Senate:
I transmit for the constitutional action of the Senate a supplemental article to the treaty with the Chippewas of Saganaw, which accompanied my communication of the 21st instant, and explanatory papers from the War Department.
M. VAN BUREN.
WASHINGTON, February 26, 1839.
To the Senate and House of Representatives:
I lay before Congress several dispatches from his excellency the governor of Maine, with inclosures, communicating certain proceedings of the legislature of that State, and a copy of the reply of the Secretary of State, made by my direction, together with a note from H.S. Fox, esq., envoy extraordinary and minister plenipotentiary of Great Britain, with the answer of the Secretary of State to the same.
It will appear from those documents that a numerous band of lawless and desperate men, chiefly from the adjoining British Provinces, but without the authority or sanction of the provincial government, had trespassed upon that portion of the territory in dispute between the United States and Great Britain which is watered by the river Aroostook and claimed to belong to the State of Maine, and that they had committed extensive depredations there by cutting and destroying a very large quantity of timber. It will further appear that the governor of Maine, having been officially apprised of the circumstance, had communicated it to the legislature with a recommendation of such provisions in addition to those already existing by law as would enable him to arrest the course of said depredations, disperse the trespassers, and secure the timber which they were about carrying away; that, in compliance with a resolve of the legislature passed in pursuance of his recommendation, his excellency had dispatched the land agent of the State, with a force deemed adequate to that purpose, to the scene of the alleged depredations, who, after accomplishing a part of his duty, was seized by a band of the trespassers at a house claimed to be within the jurisdiction of Maine, whither he had repaired for the purpose of meeting and consulting with the land agent of the Province of New Brunswick, and conveyed as a prisoner to Frederickton, in that Province, together with two other citizens of the State who were assisting him in the discharge of his duty.
It will also appear that the governor and legislature of Maine, satisfied that the trespassers had acted in defiance of the laws of both countries, learning that they were in possession of arms, and anticipating (correctly, as the result has proved) that persons of their reckless and desperate character would set at naught the authority of the magistrates without the aid of a strong force, had authorized the sheriff and the officer appointed in the place of the land agent to employ, at the expense of the State, an armed posse, who had proceeded to the scene of these depredations with a view to the entire dispersion or arrest of the trespassers and the protection of the public property.
In the correspondence between the governor of Maine and Sir John Harvey, lieutenant-governor of the Province of New Brunswick, which has grown out of these occurrences and is likewise herewith communicated, the former is requested to recall the armed party advanced into the disputed territory for the arrest of trespassers, and is informed that a strong body of British troops is to be held in readiness to support and protect the authority and subjects of Great Britain in said territory. In answer to that request the provincial governor is informed of the determination of the State of Maine to support the land agent and his party in the performance of their duty, and the same determination, for the execution of which provision is made by a resolve of the State legislature, is communicated by the governor to the General Government.
The lieutenant-governor of New Brunswick, in calling upon the governor of Maine for the recall of the land agent and his party from the disputed territory, and the British minister, in making a similar demand upon the Government of the United States, proceed upon the assumption that an agreement exists between the two nations conceding to Great Britain, until the final settlement of the boundary question, exclusive possession of and jurisdiction over the territory in dispute. The important bearing which such an agreement, if it existed, would have upon the condition and interests of the parties, and the influence it might have upon the adjustment of the dispute, are too obvious to allow the error upon which this assumption seems to rest to pass for a moment without correction. The answer of the Secretary of State to Mr. Fox's note will show the ground taken by the Government of the United States upon this point. It is believed that all the correspondence which has passed between the two Governments upon this subject has already been communicated to Congress and is now on their files. An abstract of it, however, hastily prepared, accompanies this communication. It is possible that in thus abridging a voluminous correspondence, commencing in 1825 and continuing to a very recent period, a portion may have been accidentally overlooked; but it is believed that nothing has taken place which would materially change the aspect of the question as therein presented. Instead of sustaining the assumption of the British functionaries, that correspondence disproves the existence of any such agreement. It shows that the two Governments have differed not only in regard to the main question of title to the territory in dispute, but with reference also to the right of jurisdiction and the fact of the actual exercise of it in different portions thereof.
Always aiming at an amicable adjustment of the dispute, both parties have entertained and repeatedly urged upon each other a desire that each should exercise its rights, whatever it considered them to be, in such a manner as to avoid collision and allay to the greatest practicable extent the excitement likely to grow out of the controversy. It was in pursuance of such an understanding that Maine and Massachusetts, upon the remonstrance of Great Britain, desisted from making sales of lands, and the General Government from the construction of a projected military road in a portion of the territory of which they claimed to have enjoyed the exclusive possession; and that Great Britain on her part, in deference to a similar remonstrance from the United States, suspended the issue of licenses to cut timber in the territory in controversy and also the survey and location of a railroad through a section of country over which she also claimed to have exercised exclusive jurisdiction.
The State of Maine had a right to arrest the depredations complained of. It belonged to her to judge of the exigency of the occasion calling for her interference, and it is presumed that had the lieutenant-governor of New Brunswick been correctly advised of the nature of the proceedings of the State of Maine he would not have regarded the transaction as requiring on his part any resort to force. Each party claiming a right to the territory, and hence to the exclusive jurisdiction over it, it is manifest that to prevent the destruction of the timber by trespassers, acting against the authority of both, and at the same time avoid forcible collision between the contiguous governments during the pendency of negotiations concerning the title, resort must be had to the mutual exercise of jurisdiction in such extreme cases or to an amicable and temporary arrangement as to the limits within which it should be exercised by each party. The understanding supposed to exist between the United States and Great Britain has been found heretofore sufficient for that purpose, and I believe will prove so hereafter if the parties on the frontier directly interested in the question are respectively governed by a just spirit of conciliation and forbearance. If it shall be found, as there is now reason to apprehend, that there is, in the modes of construing that understanding by the two Governments, a difference not to be reconciled, I shall not hesitate to propose to Her Britannic Majesty's Government a distinct arrangement for the temporary and mutual exercise of jurisdiction by means of which similar difficulties may in future be prevented.
But between an effort on the part of Maine to preserve the property in dispute from destruction by intruders and a military occupation by that State of the territory with a view to hold it by force while the settlement is a subject of negotiation between the two Governments there is an essential difference, as well in respect to the position of the State as to the duties of the General Government. In a letter addressed by the Secretary of State to the governor of Maine on the 1st of March last, giving a detailed statement of the steps which had been taken by the Federal Government to bring the controversy to a termination, and designed to apprise the governor of that State of the views of the Federal Executive in respect to the future, it was stated that while the obligations of the Federal Government to do all in its power to effect the settlement of the boundary question were fully recognized, it had, in the event of being unable to do so specifically by mutual consent, no other means to accomplish that object amicably than by another arbitration, or by a commission, with an umpire, in the nature of an arbitration; and that in the event of all other measures failing the President would feel it his duty to submit another proposition to the Government of Great Britain to refer the decision of the question to a third power. These are still my views upon the subject, and until this step shall have been taken I can not think it proper to invoke the attention of Congress to other than amicable means for the settlement of the controversy, or to cause the military power of the Federal Government to be brought in aid of the State of Maine in any attempt to effect that object by a resort to force.
On the other hand, if the authorities of New Brunswick should attempt to enforce the claim of exclusive jurisdiction set up by them by means of a military occupation on their part of the disputed territory, I shall feel myself bound to consider the contingency provided by the Constitution as having occurred, on the happening of which a State has the right to call for the aid of the Federal Government to repel invasion.
I have expressed to the British minister near this Government a confident expectation that the agents of the State of Maine, who have been arrested under an obvious misapprehension of the object of their mission, will be promptly released, and to the governor of Maine that a similar course will be pursued in regard to the agents of the Province of New Brunswick. I have also recommended that any militia that may have been brought together by the State of Maine from an apprehension of a collision with the government or people of the British Province will be voluntarily and peaceably disbanded.
I can not allow myself to doubt that the results anticipated from these representations will be seasonably realized. The parties more immediately interested can not but perceive that an appeal to arms under existing circumstances will not only prove fatal to their present interests, but would postpone, if not defeat, the attainment of the main objects which they have in view. The very incidents which have recently occurred will necessarily awaken the Governments to the importance of promptly adjusting a dispute by which it is now made manifest that the peace of the two nations is daily and imminently endangered. This expectation is further warranted by the general forbearance which has hitherto characterized the conduct of the Government and people on both sides of the line. In the uniform patriotism of Maine, her attachment to the Union, her respect for the wishes of the people of her sister States (of whose interest in her welfare she can not be unconscious), and in the solicitude felt by the country at large for the preservation of peace with our neighbors, we have a strong guaranty that she will not disregard the request that has been made of her.
As, however, the session of Congress is about to terminate and the agency of the Executive may become necessary during the recess, it is important that the attention of the Legislature should be drawn to the consideration of such measures as may be calculated to obviate the necessity of a call for an extra session. With that view I have thought it my duty to lay the whole matter before you and to invite such action thereon as you may think the occasion requires.
M. VAN BUREN.
WASHINGTON, D.C., February 27, 1839.
To the House of Representatives of the United States:
I herewith transmit to the House of Representatives, in answer to their resolution of the 26th instant, a report from the Secretary of State, with the document[50] therein referred to.
M. VAN BUREN.
WASHINGTON, February 27, 1839.
To the House of Representatives:
In further compliance with the resolution of the House of Representatives of the 28th of January last, I communicate a report[51] from the Secretary of War, which, with its inclosures, contains additional information called for by said resolution.
M. VAN BUREN.
WASHINGTON, February 27, 1839.
To the Senate and House of Representatives of the United States:
I transmit to Congress copies of various other documents received from the governor of Maine, relating to the dispute between that State and the Province of New Brunswick, which formed the subject of my message of the 26th instant, and also a copy of a memorandum, signed by the Secretary of State of the United States and Her Britannic Majesty's envoy extraordinary and minister plenipotentiary near the United States, of the terms upon which it is believed that all hostile collision can be avoided on the frontier consistently with and respecting the claims on either side.
As the British minister acts without specific authority from his Government, it will be observed that this memorandum has but the force of recommendation on the provincial authorities and on the government of the State.
M. VAN BUREN.
EXECUTIVE DEPARTMENT,
Augusta, February 22, 1839.
His Excellency M. VAN BUREN,
President United States.
SIR: I have the honor to inclose herewith copies of letter from the lieutenant-governor of New Brunswick, under date of February 18, with my reply thereto; letter from the solicitor-general of the Province of New Brunswick to the Hon. Charles Jarvis, temporary land agent, under date of the 17th instant, with Mr. Jarvis's reply; parole of honor given by Messrs. McIntire, Cushman, Bartlett, and Webster, dated 18th February; my message to the legislature of the 21st instant.
These papers will give Your Excellency all the additional information of any importance not heretofore communicated that has been received in relation to the state of affairs upon our eastern frontier. I can not but persuade myself that Your Excellency will see that an attack upon the citizens of this State by a British armed force is in all human probability inevitable, and that the interposition of the General Government at this momentous crisis should be promptly afforded.
I have the honor to be, with high respect, Your Excellency's obedient servant,
JOHN FAIRFIELD,
Governor of Maine.
GOVERNMENT HOUSE,
Frederickton, New Brunswick, February 18, 1839.
His Excellency the GOVERNOR OF MAINE.
SIR: I have the honor to acknowledge the receipt, by the hands of Hon. Mr. Rogers, of your excellency's letter of the 15th instant. Mr. McIntire and the gentlemen with him have been subjected to an examination before Her Majesty's attorney-general of this Province, who has reported to me that the offense of which they stand charged is one rather against the law of nations and of treaties than against those of this Province. They must accordingly be regarded as "state offenders." In this view, their disposal rests exclusively with Her Majesty's Government, to which I shall accordingly report the case. In the meantime I have had pleasure in directing that they shall immediately be allowed to return to the State of Maine upon pledging their parole of honor to present themselves to the Government of this Province whenever Her Majesty's decision may be received, or when required to do so. The high respectability of their characters and situations and my desire to act in all matters relating to the disputed territory in such a manner as may evince the utmost forbearance consistent with the fulfillment of my instructions have influenced me in my conduct toward these gentlemen; but it is necessary that I should upon this occasion distinctly state to your excellency—
First. That if it be the desire of the State of Maine that the friendly relations subsisting between Great Britain and the United States should not be disturbed, it is indispensable that the armed force from that State now understood to be within the territory in dispute be immediately withdrawn, as otherwise I have no alternative but to take military occupation of that territory, with a view to protect Her Majesty's subjects and to support the civil authorities in apprehending all persons claiming to exercise jurisdiction within it.
Second. That it is my duty to require that all persons subjects of Her Majesty who may have been arrested in the commission of acts of trespass within the disputed territory be given up to the tribunals of this Province, there to be proceeded against according to law.
Third. That in the event of the rumor which has just reached me relative to the arrest, detention, or interruption of James Maclauchlan, esq., the warden of the disputed territory, being correct, that that officer be enlarged and the grounds of his detention explained.
Mr. Rogers takes charge of this letter, of which a duplicate will be placed in the hands of the Hon. Mr. McIntire, with both of whom I have conversed and communicated to them my views in regard to the actual position in which I shall be placed and the measures which will be forced upon me if the several demands contained in this letter be not complied with; and I have reason to believe that Mr. McIntire leaves me fully impressed with the anxious desire which I feel to be spared the necessity of acting as the letter of my instructions would both warrant and prescribe.
With regard to trespasses upon the lands of the disputed territory, I beg to assure you that the extent to which those trespasses appear to have been carried, as brought to my knowledge by recent occurrences, will lead me to adopt without any delay the strongest and most effectual measures which may be in my power for putting a stop to and preventing the recurrence of such trespasses.
With high respect, I have the honor to be, your excellency's most obedient servant,
J. HARVEY,
Major-General, Lieutenant-Governor.
EXECUTIVE DEPARTMENT,
Augusta, February 21, 1839.
His Excellency SIR JOHN HARVEY,
Lieutenant-Governor New Brunswick.
SIR: I have the honor to acknowledge the receipt of your excellency's communication of the 18th instant, by the hand of Colonel J.P. Rogers.
To your demand for the discharge of the persons arrested by the authorities of this State for being engaged in acts of trespass upon the public lands of this State I have to say that the persons named are now in the custody of the law. With that custody I have neither the disposition nor the authority to interfere.
In regard to James Maclauchlan, esq., provincial land agent, and Mr. Tibbets, his assistant, I have advised that they be released upon the same terms upon which the Hon. Rufus McIntire and his assistants were released, to wit, upon their parole of honor to return to Bangor whenever they should be thereto required by the executive government of this State, to answer to any charges that may be brought against them for their acts and proceedings upon what your excellency is pleased to call "the disputed territory."
For a reply to the remainder of your excellency's communication I must refer you to my letter of the 18th instant, which you will receive by the hand of R. English, esq.
I have the honor to be, with high respect, your excellency's obedient servant,
JOHN FAIRFIELD,
Governor of Maine.
AT THE MOUTH OF THE ARESTOOK, RIVER ST. JOHN,
Province of New Brunswick, February 17, 1839.
The OFFICER COMMANDING THE ARMED FORCE ON THE DISPUTED TERRITORY.
SIR: I am directed by His Excellency Major-General Sir John Harvey, lieutenant-governor and commander in chief of this Province, to express to you his great surprise at the very extraordinary occurrence of an armed force of the description now with you having entered upon the disputed territory (so called) and attempted to exercise a jurisdiction there foreign to the British Government, seizing upon and maltreating British subjects and retaining many of them prisoners without having in the first instance given any notice or made any communication whatever to the government authorities of this Province of such your intention, or the causes which have led to these acts of aggression. If you are acting under any authority from your own government, the proceedings are still more unjustifiable, being in direct defiance and breach of the existing treaties between the Central Government of the United States and England. If you have not any such authority, you and those with you have placed yourselves in a situation to be treated by both Governments as persons rebelling against the laws of either country. But be that as it may, I am directed by his excellency to give you notice that unless you immediately remove with the force you have with you from any part of the disputed territory (so called) and discharge all British subjects whom you have taken prisoners and at once cease attempting to exercise any authority in the said territory not authorized by the British Government every person of your party that can be found or laid hold of will be taken by the British authorities in this Province and detained as prisoners to answer for this offense, as his excellency is expressly commanded by his Sovereign to hold this territory inviolate and to defend it from any foreign aggression whatever until the two Governments have determined the question of to whom it shall belong; and to enable him to carry these commands into full effect, a large military force is now assembling at this place, part of which has already arrived, and will be shortly completed to any extent that the service may require. In doing this his excellency is very desirous to avoid any collision between Her Majesty's troops and any of the citizens of the United States that might lead to bloodshed, and if you remove from the territory peaceably and quietly without further opposition such collision will be avoided, as in that case his excellency will not think it necessary to move the British troops farther; but if you do not he will, in the execution of the commands of the British Government, find it necessary to take military possession of the territory in order to defend it from such innovation; and the consequences must be upon your own heads or upon the authority, if any, under which you act. The three gentlemen who were with you, and were taken prisoners by some of our people, have been forwarded on to Frederickton by the magistrates of the country and will be detained (as all persons heretofore have been who on former occasions were found endeavoring to set up or exercise any foreign jurisdiction or authority in the territory in question). They will, however, be well treated and every necessary attention paid to their comfort; but I have no doubt they will be detained as prisoners, to be disposed of as may hereafter be directed by the British Government. The warden of the disputed territory, Mr. Maclauchlan, went out, I understood, a few days since to explain all this to you; but he not having returned we are led to suppose you have still further violated the laws and treaties of the two nations by detaining him, who was a mere messenger of communication, together with Mr. Tibbets, the person who was employed to convey him. But as Mr. Maclauchlan was an accredited officer, acknowledged by the American Government as well as the British, and appointed for the very purpose of looking after this territory, I trust you will on reflection see the great impropriety and risk you run, even with your own government, by detaining him or his attendant, Mr. Tibbets, any longer.
I shall await at this place to receive your answer to this.
I am, sir, your most obedient, humble servant,
GEO. FRED'K STREET,
Solicitor-General of the Provinces.
CONFLUENCE OF THE ST. CROIX, STREAM ARESTOOK RIVER,
Township No. 10, State of Maine, February 19, 1839.
GEO. FRED. STREET, Esq.,
Solicitor-General of Province New Brunswick.
SIR: Your communication of the 17th instant has been this moment received. The solicitor-general of the Provinces must have been misinformed as to the place where the force under my direction is now located, or he would have been spared the impropriety of addressing such a communication to me, a citizen of the State of Maine, one of the North American Confederacy of United States.
It is also to be hoped, for the honor of the British Empire, that when Major-General Sir John Harvey, lieutenant-governor and commander in chief of the Province of New Brunswick, is made acquainted with the place where the Hon. Rufus McIntire, land agent of the State of Maine, and the two other gentlemen with him were forcibly arrested by a lawless mob, that he will direct their immediate discharge and bring the offenders to justice.
The officer to whom you allude and the person in company with him were arrested for serving a precept on a citizen of Maine. He was sent on immediately to Augusta, the seat of government, to be dealt with by the authorities of the State. Their persons are not, therefore, in my power, and application for their discharge must be made to the government of the State.
If, however, I have been in error as to your being under a mistake as to the place where I am now stationed, on land which was run out into townships by the State of Massachusetts and covered by grants from that State before Maine was separated from Massachusetts, and which has therefore been under the jurisdiction of Maine since she has taken her rank among the independent States of the North American Union, therefore, as a citizen of Maine, in official capacity, I have but one answer to return to the threat conveyed: I am here under the direction of the executive of the State, and must remain until otherwise ordered by the only authority recognized by me; and deeply as I should regret a conflict between our respective countries, I shall consider the approach to my station by an armed force as an act of hostility, which will be met by me to the best of my ability.
I am, sir, your most obedient servant,
CHARLES JARVIS,
Land Agent.
FREDERICKTON, NEW BRUNSWICK, February 18, 1839.
Hon. RUFUS McINTIRE, GUSTAVUS G. CUSHMAN, THOMAS BARTLETT, and EBENEZER WEBSTER, Esqs.:
Whereas the offense wherewith you stand charged has been pronounced by the law officers of this Province as one rather against the law of nations and of treaties than against the municipal laws of this country, and as such must be referred for the decision of Her Majesty's Government, you are hereby required to pledge your parole of honor to present yourselves at Frederickton, in this Province of New Brunswick, whenever such decision shall be communicated, or you shall be otherwise required by or on the part of this government; and for this purpose you shall make known the place or places to which such requisition shall be sent.
J. HARVEY.
FEBRUARY 18, 1839.
We have no hesitation in giving, and hereby do give, the parole of honor above referred to.
Witness:
W. EARL.
COUNCIL CHAMBER, February 21, 1839.
To the House of Representatives:
Under the order of the House of Representatives of the 19th instant, I herewith, lay before you certain correspondence since had with the lieutenant-governor of New Brunswick, and the correspondence between Geo. Frederick Street, esq., solicitor-general for the Province of New Brunswick, and Charles Jarvis, esq., provisional land agent of this State.
The reply of Mr. Jarvis to the inadmissible and preposterous claims and pretensions of Her Majesty's solicitor-general for the Province of New Brunswick must, I think, command the unqualified approbation of everyone having a just regard for the honor of his State. It is in the true spirit, and I have every reason to believe that the same spirit animates the whole body of our citizens. While it prevails, though success will be deserved, defeat can bring no disgrace.
You will see by the accompanying papers (and I take great pleasure in communicating the fact) that Mr. McIntire and his assistants have been released. It was, however, upon their parole of honor to return when thereto required by the government of that Province. Immediately upon the receipt of this information I advised the release of James Maclauchlan, esq., provincial land agent, and his assistant, upon the same terms.
Since my last communication the land agent's forces at the Aroostook have been reenforced by about 600 good and effective men, making the whole force now about 750.
I have a letter from Mr. Jarvis dated the 19th, before the reenforcement had arrived, and when his company consisted of only 100 men. He says he found the men in good spirits and that they had been active in making temporary but most effectual defenses of logs, etc.
After describing his defenses, he says: "By to-morrow noon a force of 100 men would make good our position against 500. Retreating, therefore, is out of the question. We shall make good our stand against any force that we can reasonably expect would be brought against us." He says further: "I take pleasure in saying to you that a finer looking set of men I never saw than those now with me, and that the honor of our State, so far as they are concerned, is in safe-keeping."
The draft of 1,000 men from the third division has been made with great dispatch. The troops, I understand, arrived promptly at the place of rendezvous at the time appointed in good spirits and anxious for the order to march to the frontier. The detachment from this second division will be ordered to march at the earliest convenient day—probably on Monday next. Other military movements will be made, which it is unnecessary to communicate to you at this time.
The mission of Colonel Rogers to the lieutenant-governor of New Brunswick has resulted successfully so far as relates to the release of the land agent and his assistants, and has been conducted in a manner highly satisfactory.
JOHN FAIRFIELD.
[Memorandum.]
WASHINGTON, February 27, 1839.
Her Majesty's authorities consider it to have been understood and agreed upon by the two Governments that the territory in dispute between Great Britain and the United States on the northeastern frontier should remain exclusively under British jurisdiction until the final settlement of the boundary question.
The United States Government have not understood the above agreement in the same sense, but consider, on the contrary, that there has been no agreement whatever for the exercise by Great Britain of exclusive jurisdiction over the disputed territory or any portion thereof, but a mutual understanding that pending the negotiation the jurisdiction then exercised by either party over small portions of the territory in dispute should not be enlarged, but be continued merely for the preservation of local tranquillity and the public property, both forbearing, as far as practicable, to exert any authority, and when any should be exercised by either placing upon the conduct of each other the most favorable construction.
A complete understanding upon the question thus placed at issue of present jurisdiction can only be arrived at by friendly discussion between the Governments of the United States and Great Britain, and as it is confidently hoped that there will be an early settlement of the general question, this subordinate point of difference can be of but little moment.
In the meantime the government of the Province of New Brunswick and the government of the State of Maine will act as follows: Her Majesty's officers will not seek to expel by military force the armed party which has been sent by Maine into the district bordering on the Restook River, but the government of Maine will voluntarily and without needless delay withdraw beyond the bounds of the disputed territory any armed force now within them; and if future necessity shall arise for dispersing notorious trespassers or protecting public property from depredation by armed force, the operation shall be conducted by concert, jointly or separately, according to agreement between the governments of Maine and New Brunswick.
The civil officers in the service, respectively, of New Brunswick and Maine who have been taken into custody by the opposite parties shall be released.
Nothing in this memorandum shall be construed to fortify or to weaken in any respect whatever the claim of either party to the ultimate possession of the disputed territory.
The minister plenipotentiary of Her Britannic Majesty having no specific authority to make any arrangement on this subject, the undersigned can only recommend, as they now earnestly do, to the governments of New Brunswick and Maine to regulate their future proceedings according to the terms hereinbefore set forth until the final settlement of the territorial dispute or until the Governments of the United States and Great Britain shall come to some definite conclusion on the subordinate point upon which they are now at issue.
JOHN FORSYTH,
Secretary of State of the United States of North America.
H.S. FOX,
Her Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary.
WASHINGTON, February 27, 1839.
To the House of Representatives of the United States:
In compliance with the resolution of the House of Representatives of the 22d instant, requesting information on the subject of the existing relations between the United States and the Mexican Republic, I transmit a report from the Secretary of State, to whom the resolution was referred, and the documents by which the report was accompanied.
M. VAN BUREN.
WASHINGTON, February 28, 1839.
To the House of Representatives:
I transmit herewith a report from the Secretary of the Treasury, accompanied by a letter from the Commissioner of the General Land Office, and other documents therein referred to, touching certain information directed to be communicated to the House of Representatives by a resolution dated the 7th of July last.[52]
M. VAN BUREN.
WASHINGTON, February 28, 1839.
To the Senate and House of Representatives of the United States:
I transmit herewith a communication from the Secretary of War, respecting the importance of requiring the officers who may be employed to take the next general census to make a return of the names and ages of pensioners, and, for the reasons given by the Secretary of War, I recommend the subject for your favorable consideration.
M. VAN BUREN.
WASHINGTON, March 1, 1839.
To the Senate of the United States:
Understanding from the decision of the Senate that the regulation of the Navy Department requiring that a commander "shall serve in active employ as such one year before he can be promoted to a captain" does not under the circumstances of the case constitute an objection to the promotion of Commander Robert F. Stockton, I nominate him to be a captain in the Navy from the 8th of December, 1838, at the same time renominating Commanders Isaac McKeever and John P. Zantzingers to be captains in the Navy, the former from the 8th of December, 1838, and the latter from the 22d of December, 1838, and withdrawing the nomination of Commander William D. Salter.
M. VAN BUREN.
WASHINGTON, March 1, 1839.
To the Senate of the United States:
I have received the resolution of the Senate of this day, upon the subject of a communication made to you by the Postmaster-General on the 27th ultimo,[53] and have the satisfaction of laying before the Senate the accompanying letter from that officer, in which he fully disclaims any intended disrespect to the Senate in the communication referred to.
M. VAN BUREN.
WASHINGTON, March 2, 1839.
The SPEAKER OF THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES.
I transmit herewith reports of the Secretaries of the State, Treasury, War, and Navy Departments, in reply to a resolution of the 28th ultimo, calling for information respecting the amounts paid to persons concerned in negotiating treaties with the Indians since the year 1829, and in regard to the disbursement of public money by clerks in the above Departments and the bureaus and offices thereof.
M. VAN BUREN.
VETO MESSAGE.[54]
MARCH 5, 1839.
The annexed joint resolution was presented to me by Messrs. Foster and Merrick, of the Senate, on the 4th of March at half past 3 o'clock a.m. at the President's house, after a joint committee had informed me at the Capitol that the two Houses had completed their business and were ready to adjourn, and had communicated my answer that I had no further communication to make to them. The committee of the Senate, on presenting the joint resolution for my signature, stated in explanation of the circumstance that they were not attended by the Committee on Enrolled Bills of the House of Representatives (as is required by the joint rules of the two Houses); that that body had adjourned about two hours before.
The joint resolution is not certified by the clerk of the House in which it originated, as is likewise required by the joint rules. Under these circumstances, and without reference to its provisions, I withheld my approval from the joint resolution.
M. VAN BUREN.
To be placed on file in the State Department.
M.V.B.
A RESOLUTION for the distribution in part of the Madison Papers.
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Senate and Clerk of the House of Representatives be, and they are hereby, directed to distribute by mail, or otherwise, to each member of the Senate and House of Representatives and Delegates of the Twenty-fifth Congress one copy of the compilation now in progress of execution under the act entitled "An act authorizing the printing of the Madison Papers," when the same shall have been completed; and that of the said compilation there be deposited in the Library of Congress ten copies, in the Library of the House of Representatives twenty copies, and in the office of the Secretary of the Senate ten copies, and one copy in each of the committee rooms of the Senate; and that the residue of said copies shall remain under the care of the said officers subject to the future disposition of Congress.
JAMES K. POLK,
Speaker of the House of Representatives.
W.R. KING,
President of the Senate pro tempore.
I certify that this resolution did originate in the Senate.
—————,
Secretary.