[Memorandum.]
WASHINGTON, _February 27, 1839_.
Her Majesty's authorities consider it to have been understood and agreed
upon by the two Governments that the territory in dispute between Great
Britain and the United States on the northeastern frontier should remain
exclusively under British jurisdiction until the final settlement of the
boundary question.
The United States Government have not understood the above agreement
in the same sense, but consider, on the contrary, that there has been
no agreement whatever for the exercise by Great Britain of exclusive
jurisdiction over the disputed territory or any portion thereof, but
a mutual understanding that pending the negotiation the jurisdiction
then exercised by either party over small portions of the territory
in dispute should not be enlarged, but be continued merely for the
preservation of local tranquillity and the public property, both
forbearing, as far as practicable, to exert any authority, and when
any should be exercised by either placing upon the conduct of each
other the most favorable construction.
A complete understanding upon the question thus placed at issue of
present jurisdiction can only be arrived at by friendly discussion
between the Governments of the United States and Great Britain, and as
it is confidently hoped that there will be an early settlement of the
general question, this subordinate point of difference can be of but
little moment.
In the meantime the government of the Province of New Brunswick and the
government of the State of Maine will act as follows: Her Majesty's
officers will not seek to expel by military force the armed party which
has been sent by Maine into the district bordering on the Restook River,
but the government of Maine will voluntarily and without needless delay
withdraw beyond the bounds of the disputed territory any armed force
now within them; and if future necessity shall arise for dispersing
notorious trespassers or protecting public property from depredation
by armed force, the operation shall be conducted by concert, jointly or
separately, according to agreement between the governments of Maine and
New Brunswick.
The civil officers in the service, respectively, of New Brunswick and
Maine who have been taken into custody by the opposite parties shall be
released.
Nothing in this memorandum shall be construed to fortify or to weaken
in any respect whatever the claim of either party to the ultimate
possession of the disputed territory.
The minister plenipotentiary of Her Britannic Majesty having no specific
authority to make any arrangement on this subject, the undersigned can
only recommend, as they now earnestly do, to the governments of New
Brunswick and Maine to regulate their future proceedings according to
the terms hereinbefore set forth until the final settlement of the
territorial dispute or until the Governments of the United States and
Great Britain shall come to some definite conclusion on the subordinate
point upon which they are now at issue.