DEPARTMENT OF STATE,

_Washington, October 17, 1831_.

CHARLES BANKHEAD, Esq., etc.

SIR: Immediately after receiving your note of the 1st instant I wrote to

the governor of the State of Maine for information on the subject of it.

I have just received his answer, of which I have the honor to inclose

two extracts.[16] By the first you will perceive that the election of

town officers in the settlement of Madawaska, of which complaint was

made in the papers inclosed in your letter, was made under color of

a general law, which was not intended by either the executive or

legislative authority of that State to be executed in that settlement,

and that the whole was the work of inconsiderate individuals.

By the second extract it will appear that the individuals said to have

been most prominent in setting up the authority of the State have been

arrested by order of the lieutenant-governor of the Province of New

Brunswick, and were on their way to be imprisoned at Frederickton.

The innovation on the existing state of things in the disputed

territory being distinctly disavowed by the executive authority of the

State, no act of authority or exercise of jurisdiction having followed

the election, I would respectfully suggest the propriety of your

recommending to the lieutenant-governor of New Brunswick the release of

the prisoners who were arrested for exercising this act of authority

in the territory mutually claimed by the two nations, contrary to the

understanding between their Governments. It is their avowed object to

avoid any collision until the intention of both parties in relation

to the award shall be fully known. All subjects calculated to produce

irritation, therefore, ought evidently to be avoided. The arrest of the

persons concerned in the election must produce that feeling in a high

degree. A conviction can not take place without eliciting a decision

from the bench declaratory of and enforcing the jurisdiction over the

territory in dispute, which it is the present policy of both powers to

avoid, at least for the short time that must elapse before the question

can be finally settled. If punishment should follow conviction, the

passions that would be excited must inevitably be hostile to that spirit

of conciliation so necessary where sacrifices of national feeling and

individual interest are required for the common good. It would be absurd

here to enter into the question of title. Both parties claim it. No act

that either can do is necessary to assist its right while there is hope

of an amicable arrangement; and it was with this view of the subject

that a mutual understanding has been had to leave things in the state

in which they are until the question of the award is settled.

On the part of the Americans some individuals, in contravention of this

understanding, have proceeded to do acts which if followed out would

change the political state of part of the disputed land. But it has

not been so followed out; it is disavowed by the power whose assent

is necessary to carry it into execution. It is therefore of no avail,

and can have no more effect than if the same number of men had met at

Madawaska and declared themselves duly elected members of the British

Parliament. The act interferes with no right; it comes in actual

collision with no established power. Not so the punishment of the

individuals concerned. This is at once a practical decision of the

question, and may lead to retaliating legal measures; for if the

lieutenant-governor of New Brunswick feels himself obliged, as he says

he does, to impose the authority of the law within which he thinks

the boundaries of his Province, will not the same feeling incite the

governor of Maine, under the same sense of duty, to pursue the like

measures? And thus the fruits of moderation and mutual forbearance

during so long a period will be lost for the want of perseverance in

them for the short time that is now wanting to bring the controversy

to an amicable close. It is therefore, sir, that I invite your

interposition with his excellency the lieutenant-governor of New

Brunswick to induce him to set at liberty the persons arrested, on their

engagement to make no change in the state of things until the business

shall be finally decided between the two Governments.

On our part, the desire of the General Government to avoid any measures

tending to a change in the existing state of things on our northeast

boundary has been fully and, it is believed, efficaciously expressed to

the executive of the State of Maine, so that the actual relation of the

State with the neighboring Province will not in future suffer any

change.

I have great pleasure, sir, in renewing on this occasion the assurance

of my high consideration.

A Compilation of the Messages and Papers of the Presidents. Volume 3, part 2: Martin Van Buren · 第 162 / 521 题