STATE OF MAINE, EXECUTIVE DEPARTMENT,

_Augusta, April 28, 1838_.

His Excellency MARTIN VAN BUREN,

_President of the United States_.

SIR: I have the honor to inclose to you a copy of a resolve[32] of the

legislature of this State in favor of Ebenezer S. Greely, also a copy of

a resolve[32] in favor of John Baker and others; and in compliance with

the request of the legislature I ask of the Government of the United

States a reimbursement of the several sums allowed thereby, which

several sums have been paid by this State to the individuals named in

the resolves.

The justice and propriety of granting this request, I can have no doubt,

will be apparent to you and to Congress when the circumstances under

which the allowances were made are called to mind.

Mr. Greely, acting as agent under a law of this State authorizing and

directing a census to be taken in unincorporated places, was forcibly

seized and imprisoned for several months, and then, without trial,

released.

John Baker and his associates named in the other resolve suffered

by imprisonment and otherwise for acting under a law of this State

incorporating the town of Madawaska in 1831. The State of Maine has

acknowledged by these and other resolves its sense of obligation to

remunerate in the first instance these sufferers in its cause and to

satisfy as far as it is able their claims upon its justice. But the

wrongs by which they suffered were committed by a foreign power with

whom we are now at peace. The State of Maine has no power to make war

or authorize reprisals. She can only look to the General Government

to assume the payment as an act of justice to a member of the Union

under the provisions of the Constitution and to demand redress and

remuneration from the authors of the wrong in the name of the United

States.

A minute recapitulation of the facts upon which these resolves are

founded is deemed entirely unnecessary and superfluous, as they have

heretofore been communicated and are well known to the Executive and

to Congress.

Maine has suffered too many repetitions of similar attempts to prevent

her from enjoying her rightful possessions and enforcing her just claims

to feel indifferent on the subject, and we look with confidence to the

General Government for protection and support. The amount of money,

although considerable, is of comparatively small importance when

contrasted with the principles involved and the effect which must result

from an immediate and ready assumption of the liability on the part of

the United States. Such an act would be highly gratifying to the people

of this State as evidence that their just claims and rights are fully

recognized by the United States, and that the strong arm of the Union

will be stretched out for their protection in every lawful effort to

maintain and enforce their claims, which they know and feel to be just

and unimpeachable and which they are determined to maintain.

I trust I shall be pardoned for earnestly urging immediate action on the

subject.

I had the honor to inclose to you, under date of the 28th of March last,

a copy of my message to the legislature and of the resolves of the

legislature of Maine in relation to the northeastern boundary, which

I have no doubt have received and will receive all the attention the

importance of the subjects therein discussed and acted on demands. You

will perceive that in accordance with your wishes I communicated the

proposition in relation to a conventional line of boundary, with the

letter of Mr. Forsyth addressed to the executive of Maine. The views and

wishes and determination of the executive and legislature, and I think

I may safely add of the people, of Maine are fully and distinctly set

forth in the documents referred to, communicated to you heretofore by

me. The proposition was distinct and definite, and the answer is equally

so, and I consider that it may be regarded as the fixed determination of

Maine to consent to no proposition on our part to vary the treaty line,

but to stand by that line as a definite, a practicable, and a fair one

until its impracticability is demonstrated. It is needless for me to

recapitulate the reasons upon which this determination is founded.

I refer you to the documents before alluded to for my own views on this

topic, sanctioned fully by the legislature. The duty devolving upon me

by your request I have endeavored to discharge in a spirit of profound

respect for the constituted officers of the General Government, and with

a single eye to the interest and honor of the United States and of

the State of Maine. The attitude assumed by Maine in relation to the

survey of the line of the treaty of 1783 has doubtless attracted your

attention. I feel it due to the State to say to you frankly and

unequivocally that this position was taken deliberately and with a full

consideration of all the circumstances of the case; but it was assumed

in no spirit of defiance or resistance and with no design to embarrass

the action of the General Government. Maine feels no desire to act alone

or independently on this question. She knows and feels that it is a

national question, and that it is the right and duty of the General

Government to move forward in effecting the object proposed.

I feel fully warranted in saying that Maine does not intend by this

expression of her determination to run the line in a certain contingency

to waive in the least degree her well-founded claim upon the General

Government to run, mark, and establish it. On the contrary, she will

most reluctantly yield the hope she now so strongly feels that it is

the intention of that Government to relieve her from the necessity of

throwing herself upon her own resources to assert and defend her most

unquestionable right. The wish of this State is that the first act

should be to run the line of the treaty of 1783 to ascertain the facts

in relation to the topography of the country and the exact spot where

the northwest angle of Nova Scotia may be found according to our

construction of the treaty language, and to place suitable monuments

along the whole line. Such a survey would not settle or determine any

rights, but it would express and declare our views and intentions. Such

a survey is not a warlike or offensive movement, and can not justly give

offense to the other party in the controversy. It is the unquestionable

right of litigants in a court of justice to make explorations of land

in dispute, and if either party declines a joint survey it may be made

_ex parte_ and surely the United States have never so far yielded the

actual possession to Great Britain as to preclude the right on our part

to ascertain for ourselves the absolute facts and to mark out the limits

of our claim and our alleged right. This act Maine asks, and asks

earnestly, the General Government to perform without delay. Such an

assumption of the controversy on the part of the United States would be

to Maine an assurance that her rights were duly regarded, and would

be steadily and perseveringly maintained. We want the name and the

authority of the United States, and there can be no doubt that an act

emanating from that source would be regarded by those interested on both

sides as of more importance than any act of an individual State. So far,

then, from any indifference on the part of Maine as to the action of the

General Government, or any desire to be driven to assume the performance

of the duty alluded to, she looks with intense anxiety and confident

hope to be relieved from this position. She believes it is alike due to

the honor of the United States and the rights of Maine that the General

Government should go forward in the work, and that there is less to

apprehend in the result from such a course than any other. But Maine

feels that the time for decisive action has come, that she can not be

satisfied to have the claim to absolute and exclusive jurisdiction of

a large part of her territory longer tolerated and acquiesced in. She

knows that it rightfully belongs to her jurisdiction, that it is hers by

a clear, perfect, and honest title--as clear, as perfect, and rightful

as her title to any portion of the State--and she can not consent

to have this title impaired or weakened by bold encroachments and

unscrupulous demands. She can not consent that a title transmitted

by the fathers of the Revolution shall be destroyed or defeated by

acquiescence in the adverse occupation of a foreign state, and that what

was once fairly yielded shall be reclaimed in utter defiance of a solemn

deed of cession. I am confident I am not mistaken in stating that the

legislature of Maine considered the question as fairly and plainly

before the National Government, and that if the present session of

Congress should close with a denial or postponement of the proposed

survey and no commission should be created by the Executive, as

contemplated in the resolution referred to, we should have a right

and be bound to regard such a delay or refusal as evidence of an

indisposition on the part of the General Government to accede to our

expressed views and wishes, and a denial of justice, and that Maine in

that event owed it to herself to cause the survey to be made under her

own authority. The duty of the executive of Maine is plainly pointed out

and made imperative and absolute by the resolves of the legislature, and

I certainly can not hesitate, so far as I have the means and power, to

execute their declared will.

The people of Maine, sir, are not desirous of conflict or war. Both

in their habits and their principles they love and wish for peace and

quiet within their borders. They are not ambitious to win laurels or to

acquire military glory by waging war with their neighbors, and least

of all are they desirous of a _border_ warfare, which may be the means

of sacrificing human life and engendering ill will and bad passions,

without bringing the controversy to a conclusion. They are scattered

over our thousand hills, engaged in their quiet and peaceful labors,

and it is the first wish of their hearts to live peaceably with all men

and all nations. They have no anxiety to extend our limits or to gain

territory by conquest, but there is a firm and determined spirit in this

people which can not brook insult and will not submit to intentional

injury. "They know their rights, and knowing dare maintain them" with

calm determination and deliberate purpose, and they appeal with

unshrinking confidence to their sister States and to the Government

which binds them together for effective support in this their purpose.

The crisis, as we believe, demands firm and decided language and the

expression of a determined design. Maine has never refused to acquiesce

in any fair and honorable mode of fixing the line _according to the

treaty of 1783_. I have no doubt (but upon this point I speak according

to my individual belief) that the mode proposed by Great Britain of

establishing the treaty line upon the face of the earth by a commission

composed of impartial and scientific men, to be elected by a friendly

power, would be satisfactory and acquiesced in by this State, but that

we should neither ask nor agree that any preliminary points should be

yielded by either party. We should only ask that the treaty should be

placed in their hands with directions to ascertain and run and fix the

line according to its plain language and obvious meaning.

Maine can never consent, as I apprehend, to yield the main points of the

case and then refer it to enable the judges to divide the subject-matter

of the controversy.

We feel that we now stand on the high vantage ground of truth and

justice, and that it can not be that any nation professing to act on the

principles of right and equity can stand up before the civilized world

and contest with unyielding pertinacity our claim. We have too much

respect for the nation from which we descended to believe that she will

sully her reputation by such persevering resistance.

I am conscious that the language and style of this communication are

unusual and probably undiplomatic; that there is more of the fervor of

feeling and the plain language of direct appeal than is usual in such

papers; but it is a subject of such vast importance to the State whose

interests have been in part intrusted to me and whose organ I am that I

can not speak in measured terms or indefinite language. On this subject

we have no ulterior views and no concealed objects. Our plans and our

policy are open and exposed to the view of all men. Maine has nothing

in either to conceal or disguise. She plainly and distinctly asks for

specific and definite action. In performing what I conceive to be

my duty I have been actuated by entire respect toward the General

Government and by the single desire to explain and enforce as well as

I was able our wishes and our rights. I can only add that we trust the

General Government will assume the performance of the act specified in

the resolution and relieve Maine from the necessity of independent

action.

With great respect, I have the honor to be, your most obedient servant,

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