DEPARTMENT OF STATE,

_Washington, August 17, 1837_.

His Excellency ROBERT P. DUNLAP,

_Governor of the State of Maine_.

SIR: Your letter of the 28th ultimo to the President was duly received.

It has been referred to this Department with instructions to make a

suitable reply.

Your excellency is of opinion that the Federal Government has for a

series of years failed to protect the State of Maine in the exercise of

her jurisdictional rights to the extent of her boundary, and complains

that these rights have been in consequence thereof subverted, the lands

of the State ravaged of their most valuable productions, and her

citizens subjected to imprisonment in a foreign jail. Your excellency

particularly objects to the course of the Federal Government for having,

without the knowledge of the State, put entirely at hazard the title of

Maine, admitted by the Government of the United States to be perfect,

to the territory in question by the resort to diplomatic discussions,

treaty arrangements, and foreign arbitration in which Maine was not

permitted to speak; for having entered into a stipulation without her

consent purporting to preclude the State from retaining her rightful

jurisdiction pending a negotiation, and for the continuance of it

after that negotiation was supposed to have been concluded, and for

an omission on the part of the Executive of the United States to comply

with an application of the State made through her legislature to

have the boundary line between Maine and the British North American

possessions explored, surveyed, and monuments erected thereon in

pursuance of the authority conferred on the President by Congress and

of a request made by your excellency, which is now renewed.

The views which your excellency has been pleased to take of the subject

at this time embrace measures some of which have long since ceased to be

operative and reach back to the propriety of the stipulations entered

into by the treaty of Ghent, also of the subsequent negotiation designed

to bring those stipulations to a satisfactory result in the mode

prescribed by that treaty--that of arbitrament. It being, as your

excellency states, the opinion of Maine that those proceedings were

unjust and unwise, it is, in a matter in which she is so deeply

interested, her undoubted right to say so; yet the President thinks

that he can not be mistaken in believing that no practical good can at

this time be expected from discussion between the Federal and State

Governments upon those points. That the measures referred to have not

been as fortunate in their results as was hoped is entirely true, but

your excellency may nevertheless be assured that they had their origin

in a sincere desire on the part of the Federal Government to discharge

all its duties toward the State of Maine as a member of the Union, and

were resorted to in the full belief that her just rights would be

promoted by their adoption.

In speaking of the restrictions imposed upon Maine in reclaiming her

rightful jurisdiction your excellency doubtlessly refers to the

understanding between the Federal Government and that of Great Britain

that each party should abstain from the exercise of jurisdiction over

the disputed territory during the pendency of negotiation. Unless it

be correct to say that the controversy was one that did not admit of

negotiation, and that the duty of the Federal Government consisted only

in an immediate resort to maintain the construction put by itself upon

its own rights and those of the State of Maine, there would seem to

be no reasonable objection to such an arrangement as that alluded to,

whether it be viewed in respect to the interests or the pacific and just

characters of the respective Governments. That this arrangement was

not abrogated at the period at which your excellency is understood to

suppose that it ought to have been done, viz, upon the failure of a

settlement of the controversy by arbitration, is explained by events of

subsequent occurrence. When the award of the arbitrator was submitted by

the late President to the Senate of the United States, that body refused

its advice and consent to the execution of the award, and passed a

resolution recommending to him to open a new negotiation with Great

Britain for the ascertainment of the boundary according to the treaty

of peace of 1783. That negotiation was forthwith entered upon by the

Executive, is still pending, and has been prosecuted with unremitting

assiduity. It is under such circumstances that the Federal Executive has

decided upon a continued compliance with the arrangement referred to,

and has insisted also upon its observance on the part of Great Britain.

Considerations of a similar nature have induced the President to refrain

hitherto from exercising the discretionary authority with which he is

invested to cause the boundary line in dispute to be explored, surveyed,

and monuments to be erected thereon. Coinciding with the government of

Maine on the question of the true boundary between the British Provinces

and the State, the President is yet bound by duty to consider the claim

which has been set up by a foreign power in amity with the United States

and the circumstances under which the negotiation for the adjustment

of that claim has been transmitted to him. It could not be useful

to examine the foundation of the British claim in a letter to your

excellency. Respect for the authorities of a friendly nation compels us

to admit that they have persuaded themselves that their claim is justly

grounded. However that may be, the present President of the United

States upon entering on the discharge of the duties of his office found

that a distinct proposition had been made by his predecessor for the

purpose of amicably settling this long-disputed controversy, to which no

answer has yet been received. Under such circumstances the President was

not able to satisfy himself, however anxious to gratify the people and

the legislature of Maine, that a step like that recommended by them

could be usefully or properly taken.

The clause containing the specific appropriation made by the last

Congress for exploring, surveying, and marking certain portions of the

northeastern boundary of the United States, to which your excellency

alludes, is by no means imperative in its character. The simple

legislative act of placing a sum of money under the control of the

Executive for a designated object is not understood to be a direction

that it must in any event be immediately applied to the prosecution of

that object. On the contrary, so far from implying that the end in view

is to be attained at all hazards, it is believed that it merely vests a

discretionary power in the President to carry out the views of Congress

on his own responsibility should contingencies arise to render expedient

the proposed expenditure.

Under existing circumstances the President deems it proper to wait for

the definitive answer of the British Government to the last proposition

offered by the United States. When received, a further communication to

your excellency may be found proper, and if so will be made without

unnecessary delay.

It can not be necessary to assure your excellency that the omission

to reply to your communication forwarding to this Department the

resolutions of the legislature of Maine did not in any degree arise

either from a want of respect for their wishes or for the wishes of your

excellency, or from indifference to the interests of the State. When

these resolutions were received, there was every reason at no distant

day to expect what is now daily looked for--a definitive answer to the

proposition just alluded to, to which the attention of the British

Government had been again forcibly invited about the time those

resolutions were on their passage. Under this expectation a reply to

the application from Maine was temporarily delayed; the more readily as

about the time of its reception the Representatives of Maine, acting in

reference to one of those resolutions, had a full and free conversation

with the President. The most recent proceedings relative to the question

of boundary were shown to them in this Department by his directions, and

the occasion thus afforded was cheerfully embraced of offering frank and

unreserved explanations of the President's views.

Of the recent events which have called the attention of the State of

Maine to the question of the northeastern boundary, and which have

been brought by it to the notice of the President, one--the arrest

and imprisonment of Mr. Greely--has already been made the subject of

communication with your excellency. All that it was competent for the

Federal Executive to do has been done. Redress has been demanded, will

be insisted upon, and is expected from that authority from whom alone

redress can properly be sought. The President has followed the same

course that was pursued by one of his predecessors and which was

understood to be satisfactory to the State of Maine under circumstances

of a somewhat similar character. In respect to the other--the projected

construction of a railroad between St. Andrews and Quebec--a

representation has been addressed to the British Government stating that

the proposed measure is inconsistent with the understanding between the

two Governments to preserve the _status quo_ in the disputed territory

until the question of boundary be satisfactorily adjusted, remonstrating

against the project as contrary to the American claim and demanding a

suspension of all further movements in execution of it. No answer has

yet been received to this communication. From an informal conversation

between the British minister at Washington and myself at the Department

of State, the President is, however, firm in the conviction that the

attempt to make the road in question will not be further prosecuted.

I am, in conclusion, directed to inform you that however unbounded may

be the confidence of the legislature and people of Maine in the justice

of their claim to the boundary contended for by the United States, the

President's is not less so; and your excellency may rest assured that

no exertions have been or shall be spared on his part to bring to a

favorable and speedy termination a question involving interests so

highly important to Maine and to the Union.

I have the honor to be, with high consideration, your excellency's

obedient servant,

A Compilation of the Messages and Papers of the Presidents. Volume 3, part 2: Martin Van Buren · 第 75 / 521 题