The Camden journal. [volume] (Camden, S.C.) 1836-1851, April 11, 1840, Image 2
THE CAMDEN JOURNAL '
Published every Saturday Morning,
Bi THO.HAS W. PEGl'BS,
Publisher of the Laws of the Union.
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1'"? -J- C V
[EFAll Letters by mail must be post paid to insure
punctual attention.
CORRESPONDENCE
Between the Hon. John Forsyth, and the
Hon. II. S. Fox.
Mr. Fox to Mr. Forsyth.
Washington, March 13, 1840.
The undersigned, her Britannic Majesty's
Envoy Extraordinary and Minister Pleni|
potcntiary, has been instructed by his
Government to make the following communication
to the Secretary of State of the
United States in reference to the boundary
negotiation, and the affairs of the disputed
territory.
Her Majesty's Government have had
under their consideration the official note
addressed to the undersigned by the Secretary
of State of the United States, on the
24;h of last December, in reply to a note
from the undersigned of the 2d November
linnr ;,, which the unlersirrned pro
- - c
tested, in the name of his Government, against
the extensive system of aggression
pursued by the people of the State of
Maine within the disputed territory, to the
prejudice of the ri?hts of Great Britain,
and in manifest violation of the provisional
agreements entered into between the
authorities of the two countries at the beginning
of the last year.
Her Majesty's Government have also
had their attention directed to the public
messnge transmitted by the Governor of
Maine to the Legislature of the State, on
the 3d of January of the present year.
Upon a consideration of the statements
contained in these two official documents,
her Majesty's Government regret to find
that the principal acts of encroachment,
which were denounced and complained of
on the part of Great Britain, so far from
cither being disproved,on discontinued, or
satisfactorily explained, by the authorities
of the Slate of Maine, are, on the contrary,
persisted in, and publicly avowed.
Iler Majesty's Government have consequently
instructed the undersigned once
more formally to protest against those acts
of encroachment and aggression.
Her Majesty's Government claim and
expect, from the good-faith of the Government
of the U iled States, that the people
of Maine shall replace themselves in the
situation in which they stood before the
.nrrenmpiiis of last vear were signed ; that
*"b' j 0
they shall, therefore, retire from the valley
of the St. John, and confine themselves to
the valley of the Aroostook; that they shall
occupy that valley in a temporary manner
only, for the purpose, as agreed upon, of
preventing depredations; and that they
shall not construct fortifications, nor
make roads or permanent settlements.
, Until this be done by the people of the
State of Maine, and so long as that people
shall persist in the present system of
aggression, her Majesty'sGovernmcnt will
l'eel it their duty to make such military
arrangements as many be required for the
protection of her Majesty's rights. And
Iter Majesty's Government deem it right
to declare that, if the result of the unjustifiable
proceedings of the State of Maine
should be collision between her Majesty's
troops and the people of that State, the
responsibility of all the consequences that
may ensue therefrom, be they what they
?:u . ?:.u .1. - 1 1
may, Will usi mill niu jicupiu auu WUIcrnment
of the United States.
The undersigned has been instructed to
add to this communication, that her Majesty's
Government are only waiting for
the detailed report of the British commissioners
recently employed to survey the
disputed territory, which report, it was believed,
would be completed and delivered
to her Majesty's Government by the end of
the present month, in order to transmit to
the Government of the United States a reply
to their last proposal upon the subject
of the boundary negotiation.
The undersigned avails himself of this
occasion to renew to the Secretary of Stale
of the United States the assurance of his
distinguisded consideration.
II. S. FOX.
lion. J oiln Forsyth, &c. &c. &,c.
Mr. Forsyth to Mr. Fox:
DEPARTMEnT OF STATE,
Washington. March 85, 1840.
The undersigned, Secretary 01 state oi
the United States, acknowledges to have
received Mr.Fox's communication of the
13th instant, in reference to the boundary
negotiation and the affairs of the disputed
territory. The information given in the
closing part of it, that a raply to the last
} roposition of the United States upon the
subject of the boundary may be expected
V. - -*r y iin
a short time, is highly gratifying to the J
President, who has, however, giveivdirections
to the undersigned in making this
acknowledgment, to accompany it with the
expression of his profound regret, that
Mr. Fox's note is in no other respect satisfactory.
After the arrangements which, in the
beginning of last year, were entered into
on the part of the two governments with
regard to the occupation of the disputed
territory, the President had indulged the
hope that the causes of irritation which
had grown out of this branch of the subject
could have been removed. Relying
on the disposition of Maine to co-operate
with the Federal Government in all that
* * * *" * _ 4 T_ -
could lead to a pacinc adjustment ui me
principal question, the President felt confident
that his determination to maintain
order on the border would be fully carried
out: he looked upon all apprehensions of
designs by the people of Maine to take
possession of the territory as without adequate
foundation, deeming it improbable
that, on the eve of an amicable adjustment
of the question, any portion of
the American people would, without cause
and without object, jeopard the success
of the negotiation and endanger the peace
of the country. A troublesome, irritating,
and comparatively unimportant, because
subordinate subject, being thus disposed
of, the President hoped that the
parties would be left free at once to discuss;
and finally adjust the principal question.
In this he has been disappointed.?
While the proceedings of her Majesty's
Government at home have been attended
with unlooked-for delays, its attention has
been diverted from the great subject in
controversy by repeated complaints, imputing
to a portion of the people of the
United States designs to violate the engagements
of their Government, designs
which have never been entertained, and
which Mr. Fox knows would receive no
countenance from this Government.
It is to be regretted, that at this late
hour, so much misapprehension still exists
on the side of the British Government
as to the object and obvious meaning
of the existing arrangements respecting
the disputed territory. The ill success
which appears to have attended the efforts
made by the undersigned to convey,
through Mr. Fox, to her Majesty's Government
more correct impressions respecting
them, calls for a recurrence to
the subject; and a brief review of the I
correspondence which has grown out of,
it, may tend to remove the erroneous!
views which prevail as to the manner in
which the terms of the arrangements refurred
to have been observed.
As Mr. Fox had no authority to make
any agreement respecting the exeicise of.
jurisdiction over the disputed territory,
that between him and the undersigned, of
the 27th of February, 1839, had for its
object some provisional arrangement lor
the restoration and preservation of peace
in the territory. To accomplish this ob-,
ject, it provided that her Majesty's officers !
should not seek to expel, by military force,1
the armed parly which had been sent by
Maine into tnc district bordering on the'
Restook river; and that, on the other j
hand, the Government of Maine would |
voluntarily, and without needless delay, j
withdraw beyond the bounds of the dis-1
puled territory any armed force then within
them. Besides this, the arrangement
had other objects?the dispersion of notorious
trespassers, and the protection of
public property from depredation. In case
future necessity should arise for this, the
the oporation was to be conducted by
concert, jointly or separately, according
to agreement between the Governments of
Maine and New Brunswick.
In this iastmentioned respect the agreement
looked to some further arrangement
between Maine and New Brunswick.?
Through the agency of General Scott,
one was agreed to on the 23d and 25th
" t /. it ? ? L. L:.L C:. UI,h !
ot Marcn ionowing, uy wmcu on juium
Harvey bound himself not to seek, with-;
out renewed instructions to that effect
from his Government, to take military
possession of the territory, or to expel
from it, by military force, the armed civil
posse, or the troops of Maine. On the
part of Maine, it was agreed bjr her Gov- j
ernor that no attempt should be made,
without renewed instructions from the Legislature,
to disturb by arms the province
of New Brunswick in the possession of
the Madavvaska settlement or interrupt the
usual communications between that and
the upper provinces. As to possession
and jurisdiction, they were to remain unchanged;
each party holding, in fact, possession
of part of the disputed territory,
but each denying the right of the other to
do so. With that understanding Maine
was, without unnecessary delay, to withdraw
her military force, leaving only, under
a land agent, a small civil posse, armed
or unarmed, to protect the timber recently
cut, and to prevent further depre
dations.
In the complaints of infractions of the
agreements by the State of Maine, addressed
to the undersigned, Mr. Fox has
assumed two positions which are not authorized
by the terms of those agreements:
1st Admitting the right of Maine to maintain
a civil posse in the disputed territory
for the purposes stated in the agreement,
he does so with the rcstiiction. that the
action of the posse was to be confined
within certain limits; and 2d. By making
the advance of the Maine posse into the
valley of the upper St. John, the ground
of his complaint of encroachment upon
the Madawaska settlement, he assumes
to extend the limits of that settlement
beyond those occupied at the date of-the
agreement.
'
The United Sfate; cannot acquiesce in
either of these positions.
Tn the first place, nothing is found in
the agreement subscribed to by Governor
Fairfield and Sir John Harvey, defining
any limits in the disputed territory within
which the operations of the civil posse
of Maine were to be circumscribed. The
task of preserving the timber recently
cut, and of preventing further depredations,
within the disputed territory, was
assigned to the State of Maine, after her
military force should have been withdrawn
from it; and it was to be accomplished by
a civil posse, armed or unarmed, which
was to continue in the territory, and to
operate in every part of it where its agency
might be required, to protect the timber
already cut, and prevent further depredations,
without any limitation what
ever, or any restrictions, except sucu as
might be construed into an attempt to disturb,
by arms, the Province of New
Brunswick in her possession of the Madawaska
settlement, or interrupt the usual
communication between the Provinces.
It is thus, in the exercise of a legitimate
right, and in the conscientious discharge
of an obligation imposed upon her by a
solemn compact, that the State of Maine
has done those acts which have given rise
to complaints, for which no adequate
cause is perceived. The undersigned feels
confident that when those acts shall have
been considered by her Majesty's Government
at home, as explained in his note
to Mr. Fox, of the 24th of December
last, and in connexion with the foregoing
rema>ks, they will no longer be viewed as
calculated to excite the apprehensions of
her Majesty's Government that the faith of
existing arrangements is to be broken on
the part of the United States.
" With regard to the second position assumed
by Mr. Fox, that the advance of
the Maine posse along the valley of the
Restook to the mouth of Fish river, and
into the valley of the upper St. John, is
at variance with the terms and spirit of
the agreemeuts; the undersigned must observe
that, if at variance with any of their
provisions, it could only be with those
which secure her Majesty's Province of
New Brunswick against any attempt to
disturb the possession of the Madawaska
settlements, and to interrupt the usual
communications between ixew oruaswitiv
and the upper provinces. The agreement
could only have reference to the Madawaska
settlements, as confined within their
actual limits at the time it was subscribed.
The undersigned, in his note of the 24th
of December last, staled the reasons why
the mouth of Fish river, and the portion
of the valley of the St. John through
which it passes, could in no proper
sense be considered as embraced in the
Madawaska settlements. Were the United
Slates to admit the pretension set up on
the part of Great Britain, to give to the
Madiwaska settlements a degree of constructive
extension that might, at this
time, suit the purposes of her Majesty's
colonial authorities, those settlements
might soon be made, with like justice, to
embrace any portions of the disputed territory:
and the right given to the Province
of New Brunswick to occupy them temporarily,
and for a special purpose, might,
by inference quite as plausable, give the
jurisdiction exercised by her Majesty's J
1 " 1 4 ?? ^"1?1
autnoruiss an exieni which nuum
the present state of the question, so Iong
as it could be maintained, equivelent to a
decision on the merits of the whole controversy
in favor of Great Britain. If the
small settlement at Madawaska, on the
north side of the St. John, means the
whole valley of that river?if a boom
across the Fish river, and a station of a
small posse on the south side of the St
John, at the mouth of Fish river, is a
disturbance of that settlement, which is
twenty-five miles below?within the meaning
of the agreement, it is difficult to conceive
that there are any limitations to the
pretensions of her Majesty's Government
under it, or how the State of Maine could
exercise the preventative power with regard
to trespassers, which was, on her
part, the great object of the temporaryarrangement.
The movements of British
troops lately witnessed in the disputed
territory, and the erection of Military
works for their protection and accommodation,
of which authentic information,
recently received at the Department ol
? - - . !._?!_ p
State, lias been communicnteu 10 mr. ru.\,
impart a still graver aspect to the matter
immediately under consideration. The
fact of those military operations, established
beyond a doubt, left unexplained, or
unsatisfactorily accounted for, by Mr.
Fox's note of the 7th instant, continues
an abiding cause of complaint, on the
part of the United States, against her
Majesty's colonial agents, as inconsistent
with arrangements whose main object was
to divest a question already sufficiently
perplexed and complicated, from such embarrassments
as those with which the proceedings
of the British authorities cannot
(ail to surround it.
If, ns Mr. Fox must admit, the objects
of the late agreements were the removal
of all military force, and the preservation
of the property from further spoliations,
leaving the possession and jurisdiction as
they stood before the State of Maine found
itself eomnelled to act against the tres-i
- - - -- | - W |
passers, ihe President cannot but consider
that the conduct of the American local
authorities strongly and most favorably
contrasts with that of the colonial authorities
of her Majesty's Government. While
the one, promptly withdrawing its military
force, has confined itself to the use of
the small posse, armed as agreed upon,
and has done no act not necessary to the
accomplishment of the conventional ob-1
jecie, every measure taken or indicated ,
by the other party is essentially military |
in its character, and can be justified only j
bv a well-founded apprehension that hostilities
must ensue.
With such feeling and convictions, the J
President could not see, without painful,
surprise, the attempt of Mr. Fox, under
instruction from his Government, to give
to the existing state of things a character1
not wrrrantcd by the friendly disposition I
of the (Jniled States, or the conduct of j
the authorities and people of Maine?|
much more is he surprised to find it olj
leged as a ground for strengthening a military
force and preparing for a hostile col**
*?1i kt Innto A r Q
JlSlOfl WllTl UJB uiiai iiicu litiiauiiuino v< u
friendly State, pursuing, within their own
borders, their peaceful occupations, or
exerting themselves in compliance with
their agreements to protect the property
in dispute from unauthorized spoliation.
The President wishes that he could dispel
the fear that these dark forebodings
can be realized. Unless her Majesty's
Government shall forthwith arest all military
inlerence in the question?unless it
shall apply to the subject more determined
efforts than have hitherto been made to
bring the dispute to a certain and pacific
adjustment, the misfortunes predicted by
Mr. Fox in the name of his Government,
may most unfortunately happen. But uo
apprehension of the consequences alluded
to by Mr. Fox can be permitted to divert
the Government and people of the United
Stales fram the performance of their duty
to the State of Maine. That duly is as
simple as it is imperative. The construe
tion which is given by her lo the treaty 01
1783 has been, again and again, and in
the most solemn manner, asserted also by
the Federal Government, and must be
maintained, unless Maine freely ccnsenls
lo a new boundary, or unless that construction
of the treaty is found lo be erroneous
by the decision of a disinterested
and indepehdent tribunal, selected by the
parlies for its final adjustment. The President,
on assuming the duties of his station,
avowed his determination, all other means
of negotiation failing, to submit a proposition
to the Government of Great Britain
to refer the decision of the question once
more to a third party.
In all the subsequent steps which have
been taken upon the subject by his direction,
he has been actuated by the same
spirit. Neither his disposition in the mat-!
tcr, nor his opinion as to the propriety of
that course, has undergone any change.?
Should the fulfilment of his wishes be defeated
either by an unwillingness on the
part of her Majesty's Government to meet
the offer of the United Slates in the spirit
in which it is made, or from adverse circumstances
of any description, the President
will, in any event, derive great
satisfaction from consciousness that no ef
' fort on his part has been spared to bring
the question to an amicable conclusion,
and that there has been nothing in the
conduct either of the Government and
people of the United States, or of the
State of Maine, to justify the employment
of of her Majesty's forces as intli:
cated by Mr. Fox's letter. The President
cannot, under such circumstances,
apprehend that the responsibility for any
consequences which may unhappily ensue,
will by the just judgment of an impartial
world, be imputed to the United States.
The undersigned avails himself, Arc. &c.
JOHN FORSYTH.
To the Hon. II. S. Fox, Gc.
Mr. Fox to Mr. Forsytli.
Washington, March 26, 1849.
The undersigned, her Britanic Majesty's
Envoy Extraordinary and Minister Plenipotentiary,
has had the honor to receive the
official note of yesterday's date addressed
I to him by Mr. Forsyth, Secretary of State
of the United Slates, in reply to a note
I dated the 13th instant, wherein the undersigned,
in conformity with instructions
received from his Government, had anew
formally protested against the acts of encroachment
and aggression which are still
persisted in by armed bands in the employment
of the State .of Maine within
certain portions of the disputed territory.
It will be the* dutv of the undersigned
' ? n.r_ **
immediately to transmit mr. 1'uisuus
note to her Majesty's Government in England,
and, until the statements and propositions
which it contains shall have received
the full consideration of her Majesty's
Government, the undersigned will
not deem it right to add any further reply,
than to refer to and repeal, as he now formally
and distinctly does, the several declarations
which it has, from time to lime,
'been his duty to make to the Government;
of the United States with reference to!
the existing posture of affairs in thedis-j
puted territory; and to record his opinion
that an inflexible adherence to the line of;
conduct which her Majesty's Government j
have announced it to bo their resolution j
to pursue, for the defence of her Majes-,
ty's righls, pending the negotiation of'the:
* - /V. 4 ^
I Boundary quesr.ou, uucia m mi .majesty s .
Government the only means of protecting)
those rights from being in a continually |
aggravated manner encroached upon and
violated.
The undersigned avails himself of litis
occasion to renew to the Secretary of;
State of the United States the assurance
of his distinguished consideration.
II. S. FOX.
Hon. Joiin Forsyth, Ac. &c. &C.
A Noble Child.?A little girl aged S
years, named Uosworth "was drowned in
the canal leading from the Ilousatonic near I
Lee, Massachusetts, while generously at-;
tempting to save a younger brother who'
had fallen in. " *
? AStiDiasr
CAMDEN, S. OAROZiZNA.
SATURDAY MORNING, APRIL 11,1840.
O- The' "Saturday Evening Lecture," by the
" Village Curate," is unavoidably crowded out this
week. It shall appear in oar next
MUNICIPAL ELECTION.
The following gentlemen were, on Monday last,
reflected Intcndant and Wardens for this town:?
J. M. DeSalssure, Intendant.
J. Rosser, J. R. McKain, W. M'Willie, J. Dux- '
lap, Wardens. ^
, <
THE BOUNDARY QUESTION.
We referred to lliis subject lost week, and stated
that the indications were, that it would not be readily
and pacifically adjusted. Wc give, to-day, the cor,
rcspondonce between Mr. Forsyth, Secretary of
stale, ana me x>ruisu iniiuou!i,.iiu. ?ui<.u g?.?.
rise to the more recent supposition that this question
would be likely to load to difficulties between the two
countrios. The tone of Mr. Fox's letter is, to say
the least, very undiplomatic, if not offensive. Not.
withstanding however, the gloomy aspect which this
question has assumod, we still trust and believe, that
it may be satisfactorily arranged without a resort to
arms. " ,
' CONGRESS.
As this is "emphatically the President-making scs6ion
of Congress, we need not expect business to progress
very rapidly, if indeed, it progresses at all; and
it seems that the people are not likely to be disappointed
by their public servants in this jespccU for
very little disposition is manifested by the. members
to do mora, or any tiling else than make speeches,
the publication of which, may serve to promote tho
interests of that candidate for the Presidency whom
they support. From tho stand recently taken by tho
Speaker, however, wo may expect some progress to
be made in the regular business of the session, if it bo
firmly maintained. In the discussion of the bill to
prevent the interference of government officers in
elections, Mr. Wattersos, of Tcnnessoc, was ma.
kiug it a hook to hang on electioneering speech up.
on, when the Speaker interposed, and pronounced
him out of order, in introducing topics not connected
with the subject. He stated that up to this period
he had allowed gentlemen great latitude in discus,
sion, but ho found that the House and the country,
held hiin responsible, and he was therefore determined
[ to enforce the rules, and let the House take the responsibility
of over-ruling his decisions If the Speai?.
?.:ii tn ?kio .Inirtrminntion. and confine the
I AC1 Will ttUUUC IV Wtiiu uwfcv.^...~.
i debates within the rules, we hardly think the Ilouse
j will take the responsibility of neglecting their legitimate
duties; at all events, if it docs, the people will
be able to detcrpiino who is to blame, and at another
session give the delinquents a wider field for the exercise
of their electioneering talents, by leaving them
at home. '
In the Senate, the Cumberland Road appropriation
bill has received its quietus. It has been rejected by
a vote of 22 to 20. This augurs well for a system
of retrenchment in the public expenditures, which wc
hope will he followed up.
Mr. Taluiadge has introduced a general Bank*
nipt bill; this, with that proposed by Mr. Webster,
is before the Judiciary Committee. We sincerely
hopo the subject will receive the favorable consideration
of Congress. The country requires it at their
hands.
PERIODICALS.
Wc have received the April number of the Ladies
Book. It is embellished with a colored engraving of
Spring Fashions, containing three figures, unsurpassed
in beauty and execution; a splendid view of the *
| i numerics, nnu u piece ui muaic, iw jtwiuj uv
partment sustains tho long established reputation of >>
the work.
Southern Literary Messenger.?The March
number of this superior publication has just reached
us, richly stored with its usual variety of literarygood
things. Among tho many excellent articles,
we notice, "White and Black Slavery; containing an
interesting and thrilling account of the poorer classes
in England and Ireland." The Messenger certainly
deserves tho warm support of the South for its decided
course upon the subject of slavery, which has
Leon so ably discussed in several previous numbers.
Aside from this, however, its claims are undisputed;
having performed more in the development and encouragement
of Southern Literature, than any periodical
that has ever appeared. We may seem, to j
some, too urgent upon this subject, but we only givo
expression to our honest convictions, when we assert
that the South has tho talent and tho genius which
should elevate her literary character beyond tho reach
of dispute?unfortunately, though, wo arc forced to
confess, the native indolence and love of ease, 60
characteristic of her sons. The Messenger has dono
much to arouse us from our lethargy in this particular,
and we trust that tho enterprising publisher will
find a substantial reward in the increase of his sub- * J
scription list. i
The Southern Ladies Book.?The February num- *
her of tiiis publication, which we noticed more par- \
ticularly some weeks since has just come to hand,
having been delayed for the purpose of procuring bet* \
tor paper. It is n decided improvement on the first
number, and we have "not a shadow of doubt" of its
continued progress. The March number will bo ,
forthcoming about the twentieth of this month; that
of April, about (ho tenth of May, and so on until *
the lost time shall be made up. _ j
Persons wishing to see a copy can apply at the
Posio!!ico to Mr. Thornton, who is agent, and will
forward the names of subscribers. Terms, five dollars
per annum, payable 0:1 receiving the first number. j
Finns.?At Louisviilc, Ivy., a trcmondous fire cc- j
currcd- 011 the 2t)lh ulU The loss is estimated at
three hundred thousand dollars. Mobile, on the 31st '
Imil :i vimtl.ir vi<ifnfioil. Lo>S SUDHOSed
to be not less- f'mn seemly-two thousand dollars.?
ID'Arc all our (:iti/cn.s insured.' ? |
' 7 J
Temit^wce in Iceland.?It is stated that tlio
number enrolled 011 the temperance pledge in Ireland. 1
by the labors of father Matthew and other Catholic 3
clergy amounts to on>: million.
-