Carlisle herald and expositor. (Carlisle, Pa.) 1837-1845, March 06, 1839, Image 2

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HARRISBURG, Feb. 23, 1839.
'Mr. Pou LsoN,—Senate this morning re -1
• I
caved a. message frardiheGtircritor, nand ,
nating Bamuelllepburn as President Judge.'
of the Courts in the ninth , .judicial district,
composed' - 'of the. Juniata,
Perry-and-.Citniberlantl,-in-Ahe- , -place-of
Judge Reed, whoSe commission has expir=
ination of Mr. 'Hepburn is very. well, as he
is a lawyer of - respectable attainments'. but
4 1 0.,'4 1 44jeot,'.0,;Werthy'Of particular notice,
as•thel'ftfif;',atteinpt, at jOdieisl Proscription
everdirtada.inPennsylvatiia. , Judge Reed,
- been a judge about
' twelity 7 years. - lie: has spent the best of
•hisdife igahe Service,Of the State. He 'is
tafhpriglit i Judge4 learned Judge, and an
Ithnest As - a legal writerand author,
he is cOnSpietious,,aed without. detraction'
ter - the' other.': , Ciiivicion Pleas Judges . in
Petiitglvatija,, it irtay. , b i e•saids• lie had''"fe w
.. 'equals and;tio,superiors." But in the eye
fault. • • : Judge_Reed.„Was a
. Whig. • But, as
He never
to J'ity Itiowledge; - 7 . attended--.any-political '
meeting !or 'convention, and his 'name has
rarely.:appeared in the - papers.—Like"- - an'
holiest Man, and•goo4 citizen, he has.spoken
his sentiments °Nile dangerous Usurpation
p', part of the federal. govern;
inent in private, Mid this has been the-ex
tent of his crime. But for this. he is now
removed, from .ofrteee, 'arid too in the very
• zenith ot' his .manhood.,. How can . Gover
nor Porter answer to the people for thist, .
: - Rtit:this case _is ,of no - irriportance-asn,
individual. case. .• The -. hardship - to Jude.dg
Reed is, ,f no irtiportance. . But: as -a pre-'
cedent under. a new..Orkanization 'of govern 7
'most alarlitind . .- .. Are our Judges
hereafter to be made politicians, and to he
scenting out
. inajorities; or bp removed.—
, The 'people, the accidental 'majeritl
adopted t}• amendments, never
could 1ti:143.-iutended s this. - Let them:
p6use 6pon the same time 'repent; as
-they will - be obriged-t6 Clo, for ever having
called the convemtion
.. to revise our bereto7
- fore ...I:eellent form Otgoterninent. - • -
• i'vate:and local bills _were
. alone acted'
_ upon in Semite...,• • 0 •
Hoiise.— , „Rescilutin offered some - time
F; nUe - : Lon gakit r f,ir a
meet,' was considered. An amendment
- was- offerz:d --to-adjOurn-on -the twenty-sev-
Oth of:March, to_meet again the-first ,Mon
day in May, Nithieh - was - adopted, 43 to 34,
Senate. • ' .
',As there are several- important_aets re
" . gnired -- by 'the amended: eonstito tion', if was
thought in the House-best- to have a - short
-session, and n 'extra session, rather than. a
long session:: The pay-of the members does
. .
611tintle, excelit•milea t g . e.
_Little. elec . , - awl - not:flog - of iipportance,
Ilartnisntino, Feb. 25, 1830.
so indispeised, that be is unable to appear in
.- • his-place-in-the Senate. - .__Mr. Miller (city)
performed. the duty of Speaker to-day.
Mr. Pearson reported a•bill making 'au
appropriation of $147,000, to pay th,e .vol- '
un•teers called into the service of the Com
monwealthhy s Governor Rittier. The bill
• was draWn'by Mr. Fraley; (city) and refer
red to thejudiciary committee.. •
,Williams'utade a report upon the
subj ct elf printing_the Lati n Gerinad.—
The report states that few copies of These
laWs are ever-called 'for- . --that the commit=
--tee contemplated. their suspension, but that
the. Secretary of State, (Mr. Shank) while
the committee Was inquiring into the mat
ter, made a contract for an increased num
-• of the Secretary. but the printer (Mr. Frank,
ted. The• subject caused a , prolonged de- .
hate, arid was finally .postpbned .for the
present. • ~ • .
TheL resolution-from . the-House-for-an
- extra-eessiOui-was- taken-u p, bu t not deci
ded before 'the adjournment. Mr. Fraley
- - and Mr:_Bell - believed that the besinesq
finislied the._tniddle of April,
without an extra session--but an extra ses
sion will be agreed upon. 'The
.members are
• tired of staying here, and prefer a summer
• to a spring session,
Ali 'usual, a large number of petitions
were prebented in the House---:among them;
one by Mr. Ncibit, front 'Citizens of: Phila
praying= an inquiry into alleged
mal-prattices the Sheriff's Office. . This
was read and referred to a select committee,
_ . .
of - iffiieli Mr: Nesbit is,charman.
The" militia committee, by Mr. Higgins,
report .upon the Governors
=same'About the riot, and the calling otit_of
the . _troops,: : The committee; of course,
censure the conduct of the Governor.—
They say ,there was no just cause for the
." call upon the volunteers, but thatthey should
- be paid; that they only discharged
duty in obeying the call of thecommander-'
: ', But this committee think they
are entitled to one Montli's-payiald-therre
- •comrnenil "45;000 being sppropriated. ' A.
_ _large number, otcopies - of -the report order
-id-to be printed. . - - -
Mr. Pray, from a select committee, 4o
_ ported a bill , to Tequire the canal
Dienes to ad, Tees' plan of -- using 'coal
aloconiotiVit engMe.
The biWfrom the Senate relitive to the
York, and} Gettysburg Rail
up ßoad, passed its several readings idthout
'A bill relatiVe to an
,academy in Monroe
'o6l4ity Wee, L eOnsidered,.and"radde intd an
'oMmtna, containing othei bills' of similar'
burring ibe debate on some of the
aiiiendmenti; Mr. Merton, ;ef Beaver .cenn.
1 t kit 'Mr'l3 - 11 - ' -
_..-4.- 4 tyi r m , rep r . 0 fume remer y u er,,
gave .that gentleman an excoriation'.: abOut
, his 'souierset' Vito the 'llopkirN:
f"; b l 4 141040Whit' found
nothing led 4 him from thelath`of honer;
We was on e 'who had.been taught a
high - priee'llOon the
':::friends. Fidelity and trutlvhe had'Oever.
•:cultivated, - and, if he: tielieved'.iri 7 Modeiti:
days a cOntrary-'doetriiii - hadlotaid place
the - iehoels, he Would oppoie. - ' That ge!t. -
tlopan,..pcOtli?g to Mi. may iniyillOarAt
his tonterscts in Abe sobooKtit
h . ad. The House ; was , much
partied ivereso,. ,and 'pooi Butler -greak ,
dopfliged, • •
liAnniestrßei, Feb. 26..1839.
• - P,otiAsert,—The Senate—toklarpas
aed by, a maptirity, of five,.the following
solution and - preamble the Meuse
'without amendment.- ' , •
Whereas difficOties occurred at the begin
invif.the;present sessionyhtch retarded and
delayed legislatiye action for several weeks;
and whereas by . the adoption - Of the amend
ments to. the Constitution, numerous and
important Laws Must necessarily bepassed;
and whereas sufficient •. time will not-be- at',
forded t'o pass those Laws and, the • other
;Legislative enactments Which 'ate called 'for
by the people by the Usual.time of ailjourn 7 .
ment; therefore. 1
• 126 - olved. That the .Legislature will ad-:
! journ on Wednesday the 27th of March
next, to meet again oh Thursday the 7th.
day'Of - ili - ay -- neXt;•_ and, that7thelaily pay or.
the-ntemberi be dieem.tinued during the re
cess, and_ that they reeeive•mileag - o as pro 7
64dfor:by. law ftir othcr.sessions. •
A till to enable the Reading and Philadel
phia Rail
,Road aonpany to exterid•lbeir
rded to Harrisburg was• then considered,
• ind Ondry_umendindnter,offered, but before.
- it - was deeided'the Senate adjourned: - Mr.
Barelay spoke at considerable lengilvagainst
the merits of the bill. He -used' the old ar
gutheirt„that it would take'buSiness from the
otherrstate .workS, - This argument . is old,
and a superficial
:---iveight:-outfit is-a lso-to -lie remembered-that
every new work brings busineis on 10 the
state works.
lioioo..—Petitions were presented for .an
mutiny into the mal-praetiaes of the:Sher
kir of Philadelphia ;• from John Crest, for
compensation fur the State Re
gister; and fOr numerous objects. : •
Mr. Pisher_gai , e - noti . T that hg should
ask leaire to .bring in a lull to raise the rate
of interesk7 per eent:- per annuin. He first
offered a 'resolutionlpr an int 3 the
expediency of-it, by the judiciary_
tee, which Was negatived: - •. _
Mr . .Spaakmail gave.notk.e that he. should
ask leave -to bring - in a bill relativd to-out - -
dourintainess. -•- . - • '•
: The House then took 'up' the billto:di
vorie George M. Dewey and his wife-from
the bonds of matrimony, and after a very
tiresome- discussion it-p_assed:-., TheTarties:
in -the caSe.:-Ayera-both:,in i n ors fe
quite yoling who was persuaded - to Marry
against her-father's cons.eUt., She has nev
er-lived with her husband, and nois , deSirei
a divorce, The husband does not-oppose.
HARRISBURG, Feb. 27, 1..849
- -
-- . -- 111 - i - ,--;-Pent,s9:4,—Mr.- : -Strohm-from the
committee 4 on internal .improvements . : to
whom Was referred .a niemorial from con-
tractors on the Gettysburg rail road, com
es Main- if tt " "
phoning of the injustice done them by - the
sudden discontinuance of that road, without . ,
- notice, made report of a joint resohiticin to
allow them to continue work-until •the first
' of May. . The resolution was immediately
taken up and passed, and was sent to the
House, where it passed alsO.
The Speaker read, and presented to the.
Senate the pioc'edings of a. meeting of the
volunteers under the command of General'
Patterson, relative to the bill before the
The Senate. then considered the bill to
guarantee for twenty-five years five per cent.
on the stock - of the WilliamspOrt and 'El
mira rail road. .An ainendinent was offered
.by Mr. Peation to have whatever should
be pail by the• State, repaid out of the pro
fits-of •the• - •companyTivhith - WairATEO - dif l ft
when the Senate adjourned. '...'• . . •
-- IVir.llliller - cmleave given .read in his
-place-and:lien t - to-the--Chair,--bill-for-the-re-,;•
lief of John' Gest. . ' '
._ •
Mr..Penrose was present to-day, and. oc
etipied the Speaker's Chair. He has pret
ty-mueli,-recovereld-tif hielridispost Lien.
ou tf bill vas reported' by. Mr.
Hinchinan to repeal the. law laying a tax on
collateral-inheritances:- There-was along
_session ein_the_Houie,,but nothing olgener-,
al - importance thine, . The Canal Commis
sioners, in answer to an inquiry by resolu
tion, made a long report upon . the prObable
connection of the canals of New York with
with those .of Pennsylvania. • The - Com
.missimseri;belleve that New York will form
the jun B -fide, if Pennsylvania continues, her
works to the State line, but they have no
assararice of Two thousandcopies . in
English-and-one' in German were ordered
to be printed,. •• • • • .
. .
The improvement)All .
reported to-mOrrow, and occupy most
to' embrace about \ two millions, and 'cuts
off no works now in progreSs'eiCelit -the
Gettysburg. .
Snot* Diseoverst—A Mr. Kaman,
at London, is exhibiting models of a • new
_and_patented locomotive,_which will ascend
any acclivity, move on any curve,•do way
with tunnels, &c.
ft - form various and speedy evolutions
upon a model railway, formed io the shape,
of the figure B,' which, demonstrates rap-,
tically im capability of moving xou US
circle orfourteen feet r.tdius besides - its
wonderful gay' er of ascending hill of, one
mile in fourteen acclivity. This revolution
is effectedliy an additional forewheel on
either side, of a smaller diameteri and _a
concentric, with thli - large driving wheel,
the tire of whick is roughened_
the necessary hold en , the surface,of the
rail, which•-is elevated at ,the'.commence-
Mont orthe acclivity, so m e ter the smaller
wheel 'to act upon' it ; being also just Rat
eiently elevated to raise the larger wheel
Iroiri:the 'ef rail on which it previously
Extensive;: Robbet*. , Ali` individual
named Reietuecfd'Aenet4illealleen, e o o .=
deli3ned for f orgi n g .j
bills upon :toudnni . ?gont,,Annchistg,
isar!;and:elualeing`fontilhe:sinhe', al - the
banking hOdea :or Ferrero 'afid , Clear i lek 14i7
:#4020.4 1 .410A- 'Re le - lieefeiieed for 12
3441 . 1 U the
0 - owl% .d! •
T 0 r . ..€4 l ,*,*_iiiil . *gt)t . " . leSif ti 44, 11 • - • . 10'.1e4!P,0,4;4 i ) j V..4'.
WiSHINOTON, March 1, 1839.
uusual. tit 'the close of the „ session of
Oongrees; .a_great_deal- has' bSin donermi thin
the last few days-- , business has boon
tied through most too rapidly: Much fault
has heretofore. bsen found withibe practice
common to legislative bodies, to .leave all
to thelast ; . this, though in 'some; measure
wrong, ,is to my mind. not , as Objeetionahle
as it seems to be to a very-large-portion of
the people of the country. They seem to
think that .bills are often passed at. the'end
of of . GongreSs; which aould not
,were it not that• taken.of
the time to get them through by stealth.—
liiii_inay_lbe__the case to'soine extent,..Vit
is by no means as universal-as . some.sup;
pose. I have attended the sittings of Con
gress fora number of years, and have knotvn
but few c.ase.s_Wlier_e_billi_lhiv_e_passetl__ at.
the breaking, up . of Congress, which eould .
not have passed at most any nther,timp.. 7 .—
Those-bills ivhicharermostly-passed through':
;apparently careless at the
.. last.days 6( the
isession,. are generally.sheh as have been otr
the greatest part of the- sessidm and
therefore sueli as the members have exam
ined and made Op. their minds to support.'
t'spealt - Icnowingly.iilierefore, when I say
that there is net as niuchilarm-done by' the
hard driving,: business generally gets, at
the close the session, as most peoplesup
pose: But to the'busines . s.' -
•• 'On Wediiesday...Blair. tint:Rives
e:ted printers - of - the Senate;' for the
two next ensuing years--;thus again reward
ing these political prostitutes for their, vile
deflithations of our most valued men and.
institutions. It is a positive disgrace to the
Senate of thc - United States; that it becomes
the patron of the editors of thu Globe, ac
knowledged to beilie most vulgar, depaVed,
infamous, sheet in the. world, __
•• Some considerable discussion took place
on the -- b - ill to. preyent - the - interfeVence or
public olliceis McsNrs.•Pres,:.
ton, Rives,and•Crittely c matte most pow-
erful speeclie's' in. favor of • the bill., . Mr.
Hives particularly distingliished•lilmsdrilv . '
Iljg - effort o» That snbjebt.• •
-• Prittend!Ws.specch• . .i,`Vas also most
admirable. prbved that executive of
jieers were taxed a per ceat age:upon - their
salaries, for the purpose of ca r rying:
and- sps rain in elections, --Ito,
-remarki - with — a - line . eulogy .on the stern
.and unflinching integrity of Senator Rives:
Ile'doMmentled worthy •of
- all raise; his independent course' • having
brought npoti.liis head the' most hitter And
unrelenting persedution,he: would receive
as he deserved, the approbation of all, good
.men' The -most effecting part of ,
.that if
hoped 'his: lasitnight - belike *unto that
of Mr.' Rives. The vote was then taken
on the passage orth_e_bill_whendt=waslos4-
The. harbor bill passed and was ordered to
be engrossed .fora third reading.
-• The . message, of the - President on the
subject of the Maine difficulties, is as per
fecta piece of noh-committalism as I ever
seen, and nothing but disappointment find
chain was feltin both Senate and House
aftit was read. The only thing which
look(' like an, effort of advice in The matter,
-is his suggestion to the Governer of Maine,
to enter into .an 'expinniation and - amicable,
-arrangernent-with the Governor of New
'Brunswick, and this is unconstitutional-;--a
thing which no State Executive is author-k
zed to do; so' that ignorance and cupidity'
is the reading characteristic of this message.'
It was referred to the Committed on For
eign Affairs.
- . — Tlid - Sifiedt Committee, appointed to ex=
ambic into 'and xeport on the - defalcations Of
SWartwout arr•Filliave mado.two re-',
ports,, : a4:lajority_:_and minority , rreport
The fOriner is quite long 'but well arranged.
It exposes the most unaccountable careless
ness' and„inefliciency in the management:of
the, fiscal concerns of nation. - ,SUc
peculation, lf
ulation, p:mider, robbery and cupidity,
as is brought to light by this report, was is to be hoped for the
go od _.Of- the _conliffy4-never _ again -willt:be
heard -of. i "
Late on Thursday evening the President
sent in the following important message to.,
Congress: .
WASIUNGTON, FCI). 27, 1839.
To the House of Representatives of they
- .
Uiiited' Slates.
I transmit to Congress copies Ipf various.
otherdocimients received from the Govern-
of Maine, -.relating to the dispute between
-that - State and-the - province - erNenr - ,Bilifie= -
wick, whiciffefined-the subject of my -Mes
isitge-of the - P6tli"itia. and also a copy of a
Memorandum signed by the Secretary. of
the United States and Her Britannic Ma-:
'jesty's Envoy _Extraordinory and Minikiter
Plenipotentiary near the United States; of
the - termicuppu whichit is believed all col- .
lision can be-avoidedrin•the frontier, cOnsis-:
.tently and rti - specting4e,claime-ow
either side. As the-- British-Minister- acts
_without_speciftenuthority from his gov,ern-'
ment, it, will be observed that this*, memo 7,.
• randum has but .the 'force of recommends
-40 on the Provincial authorities antron• the
'o — Overnmr I the State. • I
- M - .-VAN-41UREN.
Her Majesty's authorities consider it to
-have:been - understooll7and — rigrad upop 7 by
the. two Governments that the territory in
dispute between Great Britain and'ilie Uni
tUd,States, on the North Eastern frontier,
should rem* exclusively under British '
jurisdiction until the final setilenient of the
boundary question. • I,
--T-he United States Governmient have.not
understood thpAtioye fiereement in the same
thete hatt,heeir no .ttgr,eement whntever for
the, exercise; by Great Britain, of exclusive
over the disputed' territory, or
any pinion. 'thereof, but a mutual under-,
"standing that, ' pending the negotation, s tile
iiirialclic#O)!thea ;. eiereised by: either party,
bilrilmeli , j ,pqrticsna,of. the territory in dia-
Tnt4 should" not be erilaited;bnt, ber
ued' for
,pieserititipir of leear
I.#looll*.iiitilthe public property; both
„ . ,
forbearing as fa r•xt practicable So•.exertany by. armed:
men, taken to .Woodslack # their
authority, and; .when any ihetild :be exer- examined_ by a rriatistrate;. : OrderecLio.:Fred,
; ericton; and sent thither upon a horie
'under military guard and the. huzzas'of• the
multitude, and wlfaShie -present situation
is not known, ' • •
• Upon t - the his: - teutenantG overnor o f
New Brunswick issues his proclimation...—
Governot Fairfield communicates it .to - the
legislatirte and' their action upon
Lidtitenant Governer. Harvey : writes to
'the-Governor of .Maine that he claims ex
clpsive jurisdiction; •'asks that the farce be
withdrawn, and says If ...not done. he shall
expel them...
• Governor Fairfield replies,.denies exclu
sive jurisdiction,s, and says he shall not.with
draw the force as long as he can
ehTe - d - breitlielllilaii4 upon
.t e conduct
•of oath other the most favorable construe
. .
Lion, thus placed at issue; of . : present juris
diction, can . only be arrived 'at'by friendly .
;discussion between theGoverinnents of 'the
United States and Great Britain; and, as" it
is confidently lipped that there will be an .
early settlement of the question - , this sidior
dinate point. of tliffereneOcan be of but little
moment. '
In the mean time the Governor of the
Provinee of New Brunswick - and - the
r ernment of the Suite of Maine will act as
folloWs: officers will not
seek to expel any Military force, the armed-'
party which' has .been sent by Maine into
the, district, bordering on the Arooitook riv
er: but the' Government-of Maine will vol
untarily„ and, without needless delay, With 7. _
ilr;:itv — beyond the:bounili - ni the disputed •
territory, any armed"force now within
-them:'andlf'-future - ndeessity should: arise
for rdiSpersiiii notorioustreapasaits. - br
mating, public property from depredation•l
by--armed - forec„.the, operation_ shallhe_eo n, I
ducted, by • concert,' jointly' or separately,.
according to agreement bet Ween the • Gov- .
ernment.of- Maine-and New'-Brunswiek... ---
The civil. officers in' the 'service, respec
tively, of New Brunswick and Maine,. who
hay.elieen_talten into custody by the: Op
positc parties,.thall be releused. '
Nothing in this 'thentorandiiM ;Shnn be •
eonstrued 'l - ftlfrorttr WeVICCir7I, ritvraiir
respect whatever, the .elaitn-of--eitheit*
ty to -the ultimate possessidn'of'-the
ed -territory' ~ *-
The Minister PlemipMentiary of: Her
Britannic Majesty having no - specific .:tut
thority tn - make any arrangeMent on the sub
jeCt. the undersigned can only recommend,
'as-they now earnestly do, to theT-{-loverti
ment of New Brinisivick and Maine, fo•
regulate their futUre proceedings according.
' to the. terms heroin before setTorth,_ until
the final setleinern of- the territorial dispute,
or until the 'Government of the Unijeif
States-and Great - Britalifithall - Conic to sibme
.definitive coltelti'sion- on- the subordinate.
'point upon which theymre-now-at
JOHN Sce'teln r .. y . of Slate,.
, . grllie-bikited-Rates'qf-Noriklinterica..
S. FOX,. IL IL trii
• - •
• ..;o:filinoryaiidlilinister.POrypOtentioAti
-"-AVashin-gton, Feb.. 27, . -
FROil ilt.4klNl
'T.. The late 'news from Maine is as' follows:
namber - itl troops to he drafted by the
Executive of
. Maine; .amounts - to ten or
twelve' thousand; the stun voted by the
I; - Ogislatuib- to. carry the'rikliWof — the --
_State is eight hundred
_thousand dollars.—
hi British—Laud.Agent,_
refuses to liberatcd- on parole. &CF :
Mantis unconditional liberty, and accordingly
ramains prisoner. -The breastwork of the
MaineJ o rces, all thejunction. of' the' St.
Croix Restook rivers, is tolve feet'
field piece•—otkers to came. Threelmn
dred young men of Bangor, of the fire•
partment, have enrolled themselves as fol
unteer soldiers. The British troops in the
two provinces amount to twelve or fifffen
hundred, and are'not according to the Ban
gor Whig, a match for a lightrin the woods
with the milktia.--Seventeen hundred of
Hull's patent riflmarrived at Bangor On th
23d instant.
— Mr. Ruel Williams gave in the -Senate
'on :Monday, the following account of the
condition of the Boundary Question in his .
c_territo ry_sou dr.° e-S t.-Joli n—wa
never considered debateable.ground until ail
-ter-tlmAreaty:of-Ghent, and when.the-com-;
missioners uhder that treaty disagreed as to
-the-line-of-boundary-described in_theireaty
Of 1783. - . "
A portion of it;
tually-run --from-the-monuinent,—inclUding
the Aroostook river,''Was : granted --by-the-
Cornmonwealth 'of Massachusetts, - more
than thirty years ago,•and has been held by
the. grantees and-those claiming tinder:them
to - this time. Other
_iparts - tave - been -- 'stT. -
veyed into townships, under-tile joint
thority of Massachusetts and Maine,• and
have been divided between those States. '
The first settlements upon the Aroostook
were commenced rithin thelast fifteen
years, and were made , ,by citizens of. the
Mates, and some persons from the provinces.
of Nova Scotia and New.. Brunswick, who
went Oen it as American territm2y, and to
avoid theirprovincial - ailitOars.
Soon after Maine—was - sepitiated . from
Massachusetts, and made an ‘indepeddent
State,her land agents,:_from4ear_to_ Year,_
' went upon this territory to prevent depre
dations, and to obtain satisfaction' for tres
passes committed thereon,, and in_many in
stances, effected tlieir
,purp l ose.' 4 .
Pending the arbitration aud•since, .vari
ous arrangements. have, been proposed to.
preserve the thither upon this territory, and
of the ,contending parties, providing that''
"neither party should do acts to.increase their ,
claims or prejudice the rights of the other.
Upder,this 'arrangement, Maine has not
pressed her jurisdiction beyond the St.
Johns, buthas constantlrexercised
perviSitikbOhnleititory-south fif -- thit. St..
Johns, granted permits to cut timber, and to
obtain satisfaction for tkinbercut by trespas
sert3, opened and, made roads, put on : set:
' .
The -recent 'claim by the authorities of
New. Brunswick to maintain, exclusive ju
risdiction, has been . constantly tresisted, as
well liy the United States as of Maine: and
Massachusetts. • . :.•
The Governor of Maine, being informed
that very extensive depredations
committed uponthe timber in that territory,
- and - by - personeravowing their deternsinatiert
to resist by. fake 'ney,ettempts the
authorities of. Maine ought make to remove
them; and thereupon tliet _Land Agent, of
Maine, with the' Sheriff of Tenobscot cOun
ty, with a posse cif about "00 armed men,
were sent to the Aroostook - to arrest the
trespassers, and to prefent further.depre'da
° While in the discharge of this _duty, the
land agent 'Was arrested upon our territory
Senate ofthetlnited.. state:s.i
I lay before Congress several- despatch"-
•es from his .Excellency- the.. Governor. of
Maine;',. with -enclosures, communicating
certain _proccedirts,'of;ifie `Legislature of
, - tharState; - and - a coprof the'="ieply- Of---the-
Seeretary of State, made by direction, to-
I.gether with a_ note_ from ..H. S. Fox;_Eiti..
Envoy Extraordinary and Minister Pleni
potentiary of Great Britian, with the • an
trwertif the Secretary-of State - to-the. will appear . frOm•those . doeuments-that
a numerous band of lawless and desperate
men, chiefly:-from the adjoitiing, - -- British
Provinces;, ,but *latent the autliority_±or
Sin eti on_ol„therro vinei al Govern meul; haL
Vispeiged - ii - prinifiat - 4n OTlfie ferrutiry
• ispute: between - -the United States and.
'Great Britian which iS..tvatered by-.the riv
er Aroostook; and , claimed •to belong to the
State of Maine;. and that they had commit
ted. exterrsiVedepredations:there by - cutting
and - destroying a very large quantity of tim
ber..‘ • It will. further appear that the Gover- -
norOf Maine,, haying beenofficially appris
ed of the-circumstance, : had coniinunicated
tion-Of-'suelt-provisiorisT,.in addition - to Those
already existing by law,
,as- would" enable
him to - arrest the"...course of 'said
thins"; :disperse - the treSpaFfserg, arid. secure
the thither *hich they Ur,cre about carrying
sway; - that-in- comPliarree-,-With-a-resolve-of
-the-Le@slature, nassell - fh . puranance"orhis'
rceolifinen - datioli, "dei
patched the land
.agent-of the State,' with : a
-force-ticerneil adequate ;• . to---that-rpurpose - --to
"tliett - eerre of -the alleged depredations, tyho,•
:after accorhplishing a part"of his iuty:.,':was •
.seized by:a band. - of the trespassers, at
house - claimed to - he Within - the jurisdiction
of Maine,-whithbr• he had repaired for " the
purpose of meeting 'and consulting With the
land agent of the Province of New' Brris
wickytind conveyed- as s:prisener-to--Fred
erickton,. in that province, together_ *Ulf
.6ther citizens of the. State, who were
the - discharge-ofliie-rluty.
It will also appear that the Governor .and
"Legislature of Maine, sati4ied - thahhe -tres
passers had acted - in -defiance of the laws of
both countries, learning that they were in
-possesOott of arms c -and-antieirrating-(corree
tly,' as the resulthaa proved) that persons
of their reckless and - desperate, character
. set at nought the authority of the
magistrates., without the aid of a 'strong
force, had authorized thesheriff. and - t - he of
' ricer appointed place Of the land-a
gent, to employ, at the expense of the State,
an - armed" posse; who had proceetle - d to 'the
scene of these-depreclatiotrg- with a •view- to
the *entire dispersion or arrest of trespassers
and the
,protection of the pu.hlic 'property.
In -the-correspondence between the Gdv
ernor of Maine and Sir John Harvey,
tenant Governor -of the Province of New
1 -Bruniwick-,--whieh-bas-growri-out-Pf--these
occurences, and is likewise herewith corn-.
municatedobelorrneris requested - to'recaff:
the armed party ; advanced into the disputed the . arrest of trespassers i ondis
informed that a strong. body of 3'. rajah
troops is to be held in readiness -to support
- and - protect - the — anth - orify -- and - stibjeets - of -
Great-Britain-in-said - 'territory:---In-answe
sto that request the Provincial Governor is in
formed of the determination of the State.of
Maine - to .support - theland -- agent and his
partY, - in - theperformance - of - their - duty; - and
the same determination, for thaexantion
of which provision 'is made- by a resolution
of the 'State Legislature, is communicated
by the
__to_the T General Govern
ment.. • • ,• •
. . .
Lieutenant Governor of New Bruns
_wick, in . calling upon the Governor of
.116ine for the recall of the land agent and
his-pa rty-from the disputed territory,
the - British' ;Miitister - in iniaking a .sintilar
demand upon the Government of the United
States, proceed upon the assumption that an
agreement exists between the two nations
conce . ding4o Great Britain, until the final
settlement of the ,boundary question, exclu
sive possesSion of, and jurisdiction over,
the territory _in dispute. The impirta d nt
bbaring which such an agreement, Wit exis
ted, would have upon, the conditon and in
terests-of-the parties, add the influence it
might have upon the adjustment of-the dis
pute, 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 flie_gromuttaken by
this point ? It is believed that all the cor
respondenie whi6h hap passed between - the
two GovernMentii upon this subject has al
ready-been-communicated to Congress, and
now on their
.files. An abstract of it, how.;
ever, hastily. prepared, 'accompanies °this
communication. ;:;It is possible'that hi thus
abridging a voluminous correspondence,
commencing in 1825 and containinrto,al
portion" recent period; a portio may. have been
accidentally `Overlooked; but it is , believed
that nothing has taken place "which would
materially change .the:- aspect!Of the qiies
tion as..therein instead , of, Siusr.
taming the assumption of the British fune=
tionaries thaVcorrespondence disproves . the
, existence of anyeuchagrcemenh_ t s lows
that the two Governmente have differed,not
Only in regard hillfnmohrqueStion of title
to the territory in dispute; but with reference
alsoto the - right of jurisdictick,i 'and The fact
of,the actual exercise of it,in diterenk por t
flops th4ef. Abiraysiiimingat amicable
itlli#l*Pt 0 00i 0 ai444o;
entertained and,repeatedly timed upon each
other- a-des ireohatliuch-should-exereisei ts
rights; whatever" it. considered them '.to be,
• - in - stich 'a' niaquer43, to aVoid collision, and
allay,-to.-the greatest-practicable extent; the
excitement likely, to grovrotit'of the Contro - -
Veray. was in perestiance-of
.such, ; an un
,derstanding that Maine and , Massaeteuietts,
ripen tlie.rerrionstrance of - G - reat"Britain, dii
sisted from making sales of lands, -- and the
' .General : Government from the construction
"of a projected military road la-a-portiorrel
the 'territory Ofiv-hich - theiTelaitned"lii - hdve.
_enjoyedlh - o exclusive, possession; and that
Great Britain„ on -lier,part, , in.
a similar remonstrance from ;the United
States_tiuspendedthe issue.eflicenses to cut
timberin"-the territory' in controversy, and
..also the' sitivey , and location of a railroad
through a section of country over which she •
tdso claimed to . have-excereised exclusive
the depredations corriplained of;- it belong-!
ed heeterjudge_of-the -- . - exigeticy ;
occasion calling . or her interference t and it .
his presumed that ha:el-the - Lieutenant - Gov
ernor of New Brunswick ..been eorreco
- vised -of-the -a atu re-of- the proceeding-- of
the State 'of Maine, he Would not'have re
garded the transaction as requiring, on 'his
,patt; any resort to Each =party clrim-.
ing -- a right' to the territory,.. and - hence to
the exclusive jurisdiction over it, it is mani
fest that, to prevent the destruction of the
iiiribe.r_by trespassers,- -ncting- against - the
T antlior ity , -both: . sant e • `time-_a.-
,tigeious 'Governments during the. pendency
ofpegociations -concerning the:title, resort_
must be lead - to the mutual exercise of -jur
isdiction in such extreme-cases, or to, air
amicable - aerittemporary arrangement as to
-the limits within-which it should be. exec-.
ciscd by each party. The Understanding
.supposedto - exisrbetween the United Sts-•
tes and Great Britain" has keen. foutid here
tofore suilicientfor that purini . tie - ,=anid. - 1. - e j
lieve - Will prove - so: hereafter, if the parties
on the frontier, directly... interested the
question, pre .respectively governed by a
Just.spirit,of'conciliation aildtfarbeuraice. -
11' it shiill bp„foutid,las:there is now.'reason
: to hppreheml, that_thereis,j in. the - . - modeo,
r . c)f . .conArtietiag]hat understandingby-the.
two Olivernments, a ..differenca not to be
reconciled, . I shall -not-hesitate-- to pa:limit! .
=to-1 errß riracillO — lVrajety Government
distinct arrangenfeet for the.temporPry and,
mutual exercise of jurisdiction,. by means
of which similar ditriculties.mdy- in- future
-be prevented." . __ - : - ' • - .
But between an effort on :the part of
IVlPinetii'Preserve theproperty in - dispute
from destruction by, ilitrudersond a mill= j
nary - Occupation by that State of the territo- '
ry, - -witli-a view -td'hold itsby force,_ while
the settlement is a subject. of negotiation,
-betlfeell-the=tWo- GOvernmelite, Altera-is -
essential ,difference, as - well, - in respect . to
the position-of-the-StateF2as-terte-dutieo2of
the .General Government. in a , letter • ad
dressed by the - Secretary of State to the
Gpmenior nLMaine, on 'the first of Mamh
last, giving a' detailed statement of the steps
which had peen taken by the Federal Gov
ernment, to bring the controversy- to_ a ter
mination, and designed to apprise the Gov
ernor-of that State of the. views of the Fed
eral Executive in respect to the. future, it
was stated, - that while the obligPtions of the
-Federal Government-to-do -all-in- its power
to effect the: settlement of the boundary
question were fully recognised, it bad, in
the event of being unable to do so speCifi- 1
cally, by mutual consent, no . other . means
'to accomplish that object amicably, than
by another arbitratiQn,, or by a cnmmission
with an umpire in the nature of an arbitra
iton thifin the event
measures `failing,. w
iling,. the President w ,
_. _ -
d feel
it his duty to submit another proposition
to the Government of Great Britain, to .re-•
Ser. the decision' of thc .q ues thin__ to_ at_ thi rd
- power. These•are still my views iipon
the.tebjcet, and : until this. step shalt have_
been taken, I. cannot think it,proper •to
voke the attention of Congress to-Ttiilier,
than amicable means for the settlentent- , of.
the controversy, -or to cause- the- rnilitiry
power of the Federal GovernmentAb_be
brought in aid of the State of Maine, .in
any attempt to effect:tbat object by` re;
sort to force .; - • . •
• • ,
On tne other hand,-.if the authorities. of
-I4ew-Brunswick should attempt Atienforce
the Claim of exchiSive jurisdiction det up
by.them, by:means of a military...oectipa
tion on their part of the disputed.. territory,
I shall.feel , myself bound to consider the.
- CofFtiiiiiiief - provided by the Constitution
as haying oceured, on the'
. happening of
which a State - hastlie right to cal 'for - the
aid of the Federal Governinent to repetin ! ...
vasion. T '
I have expressed to the British Minister
near-this Government a confident exi)ucta
tion that the agents of the State
who have been arrested under an obvious
misapprehension the object of their mis-.
sion, will be promptly released ; and to
- the
Governoref 'Maine that a similar course
will be pursued in 'iegardie - the - -agerits of
the Province of New Brtinswick. I• have
also recommended - that any__ militia -that
may have , been brought tegether, by the'
State - of Maine, from an apprehension of -A
_collisionrmith_th -e--Gavernment_or_theL_pe
ple of tbit:British Piovince will ho volun
tarily d6 -i d inamibly disbanded. •
I cannot allaWmysOto•deebt, that the
results , Croink - 11[05e Opresentit;
lions will be seationSble realized. The par
ties , more ,immtaliately - 2 interested cannot,
but perceive ilutt - artappeal to arms, Under
existing ciremnstinElie,- will not only prove
fatal - to. thew prison interests,' but would.
poitprme, if.not defeat, the attaiiilifent,:ef
the main object , which theY have in vt i ; vg „,
The yory incidents which
oceuied will necessarily Gov.
,ernmert. •:, a p o iC ance
,of- . .p ro 4tiy
adjusting a, - ii j spitte, by ' Which .ic.iit-moW
made manifest' that 'the &ace •of the- two . '
nations 'is daily and eminently .englatiored;:'
This expectation: is further' warranted.- by.
the' general forbearance .which has , hitheito
chiracteriied the , OndUet of the . ' Griern
ment io''thOtkoid e *Of.the'litte.l
'4 4 ooo4 . cifigarie* her:ot:.
.tachtrAOt r ..'.1 1 1161 Union; her„res&OC.for thel
444ietitile of. her,,ilisterStates; of I
whose _interest in her tielfare she - estinot
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_w ill-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' ac
tion .therecin as you
,may think the occasion
. . .
Arrival of the LiverpooL
Nine Days Later- From Eng. • .
Inii.d.• . • ,
_Thp steain•packet ship Liverpool; Cap.!.
tain-Fayer, arrived at Ne*York MOn
.day.morning_at 7. o7clack._from . . - LigerpooL
Captain. F: left Liverpool at half - past .3.
_o!clock.en,the afteinoon' of Ahs-Oth-;-con
'sequently she has Made . .her -passage.- in !.
eighteen and, n half days. Files of -London ,
papers-to-the evening-of the-4th of -Febura
ry-, and Liverpool to•the 66, both inclueivoC
have been . received,. .Nkre,malw our.quota- .
tions from the several New York papersr.
The papers furnish the - proceedings - .on -
the two
. first days of the'meeting of
sth of February, by the Queen in 'person _
who read • her -speech froin . - the thionee,,.
We. copy ii , entire. It affords but little in
formation- in regard toi. the - course - govern- •
mcnt intends to ptirsue' .. on. the iinportant ' •
qUeStioni which now 'agitate the -Kingdom, - • •
though - inferences-ara-drawn,-from its---si
leoce on ,several- subjects, that Ministers
will oppoSe , any alteration of: the present •
--state - of :things—Such is- the-conclusion --
drawn from the omission jn the epeecli of
all alltision to the
. Corn Laws—Lord 'Mel-- ,
bourne and a majority of the Cabineibeing. •
-supposed-Jor that reason, to be opposed, - to _
the --proposed -modification, though Lord
John Russell, it is said, On his own renion- ,
a.bill •to ',establish. a,. •
fixed . dtity. • -•
LoNnos; - .TueidayFebrua 5. --
The - third Sessiom as the first Puha:
meat of Queen Victoria, was binned to
day with the accustomed ceremonies, by
her most graciims - Majeaty in person.
Soon after half past one the royal pro- .
cession left'Huckingham Palace in state,
escorted by a body_of the Guards:—in their.
full-dress-uniforms. Her Majesty looked
well, and occasionally acknowledged the
'IA s 9 w•th
ratulatimil with%fibre.. he was reeeivei
on her way to - the . HoUse.. On the arrival
of the Queen at the royal entrance in -Pal
ace-yard.,,asalute of 21 guns announced
the event, and her 'Majesty, preceded by
the greatoflicers of the State and of the
Household entered the ladies' allery, - alorig •'.
which'she • passed into the robing-room,
where . _ having, the - crown placed on• her;
head, she thence pit:weeded' to, :the House .
of Lords, which presented tfie.:eame anima
ted-appearance usually exhibited on occas.
ions:of . the . royal appearance there,-:the
Peers wearing their robes ofatate; arid' the
seats ordinarily occupied by the noble lords'
being 'filled with ladies. in full court dress.
Her Majesty having taken. her seat on , •
the throne, and directed the. Peers ! , &c. to - -
be seated,_ commanded the atteetlaßc_e of
her faithful Vomment; who being summon
ed-in due - form by the-UslierofAhe—Black
Rod, shortly after appeared below the bar,
headed by the Speaker; when her.
read the following . • . ,
- 111y. - ,Lords and Centlenzen,
"1 rejoice to meet you again in Perlis. '
meat: " :I am particularly - desirous ef.recur•
ringla-yqui-advice-and-assistattee ata per
iod when many matters of great importance •
&1'64- your ,serious, and . deliberate; at! . •
tentioh,. - .
"I continue to receive from Poreigirt
Powers gratifying assurances ot their de ,
sire to maintain with me the most friendly
"I have concluded with the Emperor of -
- Austria-a-Treaty-of ,-Commerce;--.which
trust will extend and improve the inter
course between my, subjects and those of
the Emperor.
"I have also' eoneluded a Treaty otihe -
same kind with the Sultan; calculated to
place' - the Commercial 'relations 'between -
my Dominions: and the Turkish ScrircH
upon a -better and more secure fOotingy
", l _ t have direeted-copies _ of these
ties to be laid before you.. •'.. -
"I 'have been engaged, concert .with
Austria; France, Prussia, and Russia. in •
negociatiOns with a view to , a final settle
ment of the differences between Holland
and Belgium: -
“A definite treaty of peace, founded up
on an terior arningq.grippts,lwhich_havetteen____
afeceeded - ur_by - bOthlitirtiesi-has;:inwonse
quence, been proposed : , to -the Patch and
_Belgian governmente.: , 'l : have the satisfat
tion'to inform you that die:4l, 4 ntch . .goyern..,
'Mint has already signad:44,4heic,ogi om ee.
its ancerane° °rthat 1. trust
that similar rintioundeitienthe
glen govelvnient will - jai that
disquietude., which' the, press* UnNelkle4.
State of these affairs has necessarily
"The unanimity of the Five Alliedfowl. :-
ere affords satisfactory ',entity for - the pre-.
?Servaticf--Petice. .
contintlacee,' or the civil
war in Spain, which erigageh, Any anxious
a tteptzoo:'
..,'Diffetenees Whieli - haitrariserilnive oc.-
*disicined the'retiinment of my. Minister theoouri.iif Teheran. I .‘nitik9 o, hoWev,
oklearnini that s ;s atisfactory
adjustme4 of these differences will allow
of tlmtestaldishtnent df my relations with'
Persia - 143w their former footing of friend, ,