23 PORTLAND PLACE, _August 10, 1837_.

LORD PALMERSTON, etc.:

The undersigned, envoy extraordinary and minister plenipotentiary from

the United States, has the honor, in pursuance of instructions from his

Government, to transmit to Lord Palmerston, Her Majesty's principal

secretary of state for foreign affairs, copies of sundry official

documents detailing the circumstances under which a most unwarrantable

outrage has recently been committed by the authorities of the Province

of New Brunswick upon the rights and liberty of a citizen of the United

States.

From these papers it appears that Ebenezer S. Greely, a citizen of

the State of Maine, was duly appointed for the purpose of taking

an enumeration of the inhabitants of that State by an act of its

legislature; that on the 6th of June last, whilst Mr. Greely was engaged

in performing this duty and taking down the names of the inhabitants

residing in that part of the disputed territory claimed by the United

States as lying within the limits of Maine, he was forcibly arrested by

the authorities of New Brunswick, immediately transported in custody to

the town of Frederickton, and imprisoned in the public jail, where he

still remains. This proceeding by the authorities of New Brunswick,

having produced, as might justly have been expected, very deep

excitement in Maine, was followed by an immediate appeal from the

governor of that State to the Government of the United States for

intervention and redress.

This application on the part of Maine having received the special

consideration of the President, the undersigned has been instructed

to lose no time in presenting the subject to the early and earnest

attention of Her Majesty's Government, and demanding not only the

immediate liberation of Mr. Greely from imprisonment, but indemnity

for the injuries that he has sustained.

In fulfilling these instructions of his Government it is not the

purpose of the undersigned to open the general discussion of the

respective claims of Great Britain and the United States to the disputed

territory (within which Mr. Greely was arrested), or the right of either

Government to exercise jurisdiction within its limits. Whatever opinion

the undersigned may entertain as to the rightful claim of the State of

Maine to the territory in dispute, and however unanswerable he may

regard the arguments by which the claim may be sustained, he deems

it neither proper nor needful to urge them upon the consideration of

Her Majesty's Government in the decision of the present case; more

especially as the whole subject is elsewhere, and in another form,

matter of negotiation between the two Governments, where the discussion

of the question of right more appropriately belongs. The undersigned,

moreover, does not presume that pending the negotiation, and whilst

efforts are making for the peaceable and final adjustment of these

delicate and exciting questions, Her Majesty's Government can claim

the right of exclusive jurisdiction and sovereignty over the disputed

territory or the persons residing within its limits. In such a claim of

power on the part of Great Britain or its provincial authorities, the

undersigned need not repeat to Lord Palmerston (what he is already fully

apprised of) the Government of the United States can never consent to

acquiesce in the existing state of the controversy. On the contrary,

the mutual understanding which exists between the two Governments on

the subject and the moderation which both Governments have heretofore

manifested forbid the exercise by either of such high acts of sovereign

power as that which has been exerted in the present case by the

authorities of Her Majesty's provincial government.

The undersigned must therefore suppose that this arrest and imprisonment

of an American citizen under such circumstances and in the existing

state of the controversy could only have been justified by some supposed

infringement of the understanding existing between the parties in

relation to the question of jurisdiction within the disputed territory.

Such, however, was not the case. The correspondence between the governor

of Maine and the lieutenant-governor of New Brunswick shows that

the only act done by Mr. Greely was the simple enumeration of the

inhabitants, and it is not perceived how such an act could be construed

into a breach of the understanding between the two Governments.

It is proper also to remark that this was not the first time that the

inhabitants within this particular settlement had been enumerated under

the authority of the United States. It was done in the census of 1820

(as a portion of the State of Maine), and was at the time neither

objected to nor remonstrated against by the British Government or that

of New Brunswick.

Wherever, then, the right of jurisdiction and sovereignty over this

territory may dwell, the undersigned feels satisfied that Her Majesty's

Government can not fail to perceive that the arrest and imprisonment of

Mr. Greely under the circumstances of the case was not only a violation

of the rights of the United States, but was wholly irreconcilable with

that moderation and forbearance which it is peculiarly the duty of both

Governments to maintain until the question of right shall be

definitively settled.

It becomes the duty of the undersigned, therefore, in pursuance of

special instructions from his Government, to invite the early and

favorable consideration of Her Majesty's Government to the subject, and

to demand, as a matter of justice and right, the immediate discharge of

Mr. Greely from imprisonment, and a suitable indemnity for the wrongs

he has sustained.

Before closing this note the undersigned will avail himself of the

occasion to remind Lord Palmerston of the urgency which exists for the

immediate and final adjustment of this long-pending controversy, and the

increased obstacles which will be thrown in the way of its harmonious

settlement by these repeated collisions of authority and the exercise of

exclusive jurisdiction by either party within the disputed territory.

He begs leave also to repeat to his lordship assurances of the earnest

and unabated desire which the President feels that the controversy

should be speedily and amicably settled, and to express the anxiety

with which the Government of the United States is waiting the promised

decision of Her Majesty's Government upon the proposition submitted

to it as far back as July, 1836, and which the undersigned had been

led to believe would long since have been given; and he has been

further directed to say that should this proposition be disapproved

the President entertains the hope that some new one on the part of

Her Majesty's Government will immediately be made for the final and

favorable termination of this protracted and deeply exciting

controversy.

The undersigned begs Lord Palmerston to receive renewed assurances of

his distinguished consideration.

A Compilation of the Messages and Papers of the Presidents. Volume 3, part 2: Martin Van Buren · 第 141 / 521 题