A Compilation of the Messages and Papers of the Presidents. Volume 3, part 2: Martin Van Buren · Chapter 32Special Messages. (4)
This chapter is not translated yet. You are reading the original.
If, as 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 compelled to act against the trespassers, the President can not 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 objects, every measure taken or indicated by the other party is essentially military in its character, and can be justified only by a well-founded apprehension that hostilities must ensue.
With such feelings and convictions the President could not see without painful surprise the attempt of Mr. Fox, under instructions from his Government, to give to the existing state of things a character not warranted by the friendly disposition of the United States or the conduct of the authorities and people of Maine; much more is he surprised to find it alleged as a ground for strengthening a military force and preparing for a hostile collision with the unarmed inhabitants of a 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 arrest all military interference 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 no apprehension of the consequences alluded to by Mr. Fox can be permitted to divert the Government and people of the United States from the performance of their duty to the State of Maine. That duty is as simple as it is imperative. The construction which is given by her to the treaty of 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 consents to a new boundary or unless that construction of the treaty is found to be erroneous by the decision of a disinterested and independent tribunal selected by the parties 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 dispositions in the matter nor his opinion as to the propriety of that course has undergone any change. Should the fulfillment of his wishes be defeated, either by an unwillingness on the part of Her Majesty's Government to meet the offer of the United States 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 the consciousness that no effort 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 Governments and people of the United States or of the State of Maine to justify the employment of Her Majesty's forces as indicated by Mr. Fox's letter. The President can not 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, etc.
JOHN FORSYTH.
Mr. Fox to Mr. Forsyth.
WASHINGTON, March 26, 1840.
Hon. JOHN FORSYTH, etc.:
The undersigned, Her Britannic Majesty's envoy extraordinary and minister plenipotentiary, has had the honor to receive the official note of yesterday's date addressed to him by Mr. Forsyth, Secretary of State of the United States, in reply to a note 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 duty of the undersigned immediately to transmit Mr. Forsyth's note to Her Majesty's Government in England, and until the statements and propositions which it contains shall have received the due consideration of Her Majesty's Government the undersigned will not deem it right to add any further reply thereto excepting to refer to and repeat, as he now formally and distinctly does, the several declarations which it has from time to time been his duty to make to the Government of the United States with reference to the existing posture of affairs in the disputed territory, and to record his opinion that an inflexible adherence to the resolutions that have been announced by Her Majesty's Government for the defense of Her Majesty's rights pending the negotiation of the boundary question offers to Her 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 this occasion to renew to the Secretary of State of the United States the assurance of his distinguished consideration.
H.S. FOX.
WASHINGTON, March 28, 1840.
To the Senate:
I communicate to the Senate, in compliance with their resolution of the 12th instant, a report from the Secretary of War, containing information on the subject of that resolution.
M. VAN BUREN.
WAR DEPARTMENT, March 27, 1840.
The PRESIDENT OF THE UNITED STATES.
SIR: The resolution of the Senate of the 12th instant, "that the President of the United States be requested to communicate to the Senate, if in his judgment compatible with the public interest, any information which may be in the possession of the Government, or which can be conveniently obtained, of the military and naval preparations of the British authorities on the northern frontier of the United States from Lake Superior to the Atlantic Ocean, designating the permanent from the temporary and field works, and particularly by noting those which are within the claimed limits of the United States," having been referred by you to this Department, it was immediately referred to Major-General Scott and other officers who have been stationed on the frontier referred to for such information on the subjects as they possessed and could readily procure, and an examination is now in progress for such as may be contained in the files of this Department. General Scott is the only officer yet heard from, and a copy of his report is herewith submitted, together with a copy of that to which he refers, made upon the resolution of the House of Representatives of the 9th instant. As soon as the other officers who have been called upon are heard from and the examination of the files of the Department is completed, any further information which may be thus acquired will be immediately laid before you.
Very respectfully, your most obedient servant,
J.R. POINSETT.
HEADQUARTERS, EASTERN DIVISION, Elizabethtown, N.J., March 23, 1840.
Brigadier-General R. JONES, Adjutant-General United States Army.
SIR: I have received from your office copies of two resolutions, passed, respectively, the 12th and 9th instant, one by the Senate and the other by the House of Representatives, and I am asked for "any information on the subject of both or either of the resolutions that may be in [my] possession."
In respect to the naval force recently maintained upon the American lakes by Great Britain, I have just had the honor to report to the Secretary of War, by whom the resolution of the House of Representatives (of the 9th instant) was directly referred to me.
I now confine myself to the Senate's resolution, respecting "military [I omit naval] preparations of the British authorities on the northern frontiers of the United States from Lake Superior to the Atlantic Ocean, distinguishing the permanent from the temporary and field works, and particularly noting those which are within the claimed limits of the United States."
I will here remark that however well my duties have made me acquainted with the greater part of the line in question, I have paid but slight attention to the forts and barracks erected by the British authorities near the borders of Maine above Frederickton, in New Brunswick, or in Upper Canada above Cornwall, being of the fixed opinion (which need not here be developed) that all such structures would be of little or no military value to either of the parties in the event of a new war between the United States and Great Britain.
I was last summer at the foot of Lake Superior, and neither saw nor heard of any British fort or barrack on the St. Marys River, the outlet of that lake.
Between Lakes Huron and Erie the British have three sets of barracks—one at Windsor, opposite to Detroit; one at Sandwich, a little lower down; and the third at Maiden, 18 miles from the first—all built of sawed logs, strengthened by blockhouses, loopholes, etc. Maiden has long been a military post, with slight defenses. These have been recently strengthened. The works at Sandwich and Windsor have also, I think, been erected within the last six or eight months.
Near the mouth of the Niagara the British have two small forts—George and Mississauga; both existed during the last war. The latter may be termed a permanent work. Slight barracks have been erected within the last two years on the same side near the Falls and at Chippewa, with breastworks at the latter place, but nothing, I believe, above the works first named on the Niagara which can be termed a fort.
Since the commencement of recent troubles in the Canadas and (consequent thereupon) within our limits Fort William Henry, at Kingston, and Fort Wellington, opposite to Ogdensburg (old works), have both been strengthened within themselves, besides the addition of dependencies. These forts may be called permanent.
On the St. Lawrence below Prescott, and confronting our territory, I know of no other military post. Twelve miles above, at Brockville, there may be temporary barracks and breastworks. I know that of late Brockville has been a military station.
In the system of defenses on the approaches to Montreal the Isle aux Noix, a few miles below our line, and in the outlet of Lake Champlain, stands at the head. This island contains within itself a system of permanent works of great strength. On them the British Government has from time to time since the peace of 1815 expended much skill and labor.
Odletown, near our line, on the western side of Lake Champlain, has been a station for a body of Canadian militia for two years, to guard the neighborhood from refugee incendiaries from our side. I think that barracks have been erected there for the accommodation of those troops, and also at a station, with the like object, near Alburgh, in Vermont.
It is believed that there are no important British forts or extensive British barracks on our borders from Vermont to Maine.
In respect to such structures on the disputed territory, Governor Fairfield's published letters contain fuller information than has reached me through any other channel. I have heard of no new military preparations by the British authorities on the St. Croix or Passamaquoddy Bay.
Among such preparations, perhaps I ought not to omit the fact that Great Britain, besides numerous corps of well-organized and well-instructed militia, has at this time within her North American Provinces more than 20,000 of her best regular troops. The whole of those forces might be brought to the verge of our territory in a few days. Two-thirds of that regular force has arrived out since the spring of 1838.
I remain, sir, with great respect, your most obedient servant,
WINFIELD SCOTT.
WASHINGTON, March 28, 1840.
To the House of Representatives of the United States:
I communicate to the House of Representatives, in compliance with their resolution of the 9th instant, reports67 from the Secretaries of State and War, with documents, which contain information on the subject of that resolution.
M. VAN BUREN.
WASHINGTON, March 31, 1840.
To the House of Representatives of the United States:
I communicate to the House of Representatives a report68 from the Secretary of State, with documents, containing the information called for by their resolution of the 23d instant.
M. VAN BUREN.
WASHINGTON CITY, April 3, 1840.
Hon. R.M.T. HUNTER, Speaker of the House of Representatives.
SIR: In compliance with a resolution of the House of Representatives of the 9th ultimo, I communicate herewith, accompanied by a report from the Secretary of War, "copies of the arrangement entered into between the governor of Maine and Sir John Harvey, lieutenant-governor of New Brunswick, through the mediation of Major-General Scott, in the month of March last (1839), together with copies of the instructions given to General Scott and of all correspondence with him relating to the subject of controversy between the State of Maine and the Province of New Brunswick."
M. VAN BUREN.
WASHINGTON, April 10, 1840.
To the House of Representatives of the United States:
In compliance with the resolution of the House of Representatives of the 23d March last, I transmit a report69 from the Secretary of State, which, with the documents accompanying it, contains the information in possession of the Department in relation to the subject of the resolution.
M. VAN BUREN.
WASHINGTON, April, 1840.
To the House of Representatives of the United States:
I transmit herewith communications from the Secretary of War and Commissioner of Indian Affairs, giving the information "in possession of the Government respecting the assemblage of Indians on the northwestern frontier, and especially as to the interference of the officers or agents of any foreign power with the Indians of the United States in the vicinity of the Great Lakes," which I was requested to communicate by the resolution of the House of Representatives of the 9th ultimo.
M. VAN BUREN.
WASHINGTON, April 14, 1840.
To the House of Representatives of the United States:
I transmit to the House of Representatives a report70 from the Secretary of State, with documents, containing the information required by their resolution of the 9th March last.
M. VAN BUREN.
APRIL 15, 1840.
To the Senate of the United States:
In further compliance with a resolution of the Senate passed December 30, 1839, I herewith submit reports71 from the Secretary of the Navy and the Postmaster-General, together with a supplemental statement from the Secretary of the Treasury, and the correspondence annexed.
M. VAN BUREN.
WASHINGTON, April 15, 1840.
To the Senate and House of Representatives of the United States:
I transmit a copy of a convention for the adjustment of claims of citizens of the United States upon the Government of the Mexican Republic, for such legislative action on the part of Congress as may be necessary to carry the engagements of the United States under the convention into full effect.
M. VAN BUREN.
WASHINGTON CITY, April 18, 1840.
To the House of Representatives of the United States:
I transmit herewith a communication from the Secretary of War, accompanied by a letter from the Commissioner of Indian Affairs, indicating the importance of an extension of the authority given by the sixteenth clause of the first section of the act entitled "An act providing for the salaries of certain officers therein named, and for other purposes," approved 9th May, 1836.
M. VAN BUREN.
WASHINGTON CITY, April 24, 1840.
To the Senate of the United States:
I transmit herewith a report and accompanying documents from the Secretary of War, which furnish the information in relation to that portion of the defenses72 of the country intrusted to the charge and direction of the Department of War, called for by the resolution of the Senate of the 2d of March, 1839.
M. VAN BUREN.
WASHINGTON, April 27, 1840.
To the Senate of the United States:
I lay before the Senate a report73 of the Postmaster-General, in further compliance with a resolution of the Senate of the 30th December, 1839.
M. VAN BUREN.
WASHINGTON, May 2, 1840.
To the Senate of the United States:
I transmit to the Senate a report74 from the Secretary of State, which, with the papers accompanying it, contains in part the information requested by a resolution of the Senate of the 30th December last.
M. VAN BUREN.
WASHINGTON, May 9, 1840.
To the House of Representatives of the United States:
I communicate to the House of Representatives a report75 from the Secretary of State, which, with the documents accompanying it, furnishes the information requested by their resolution of the 23d of March last.
M. VAN BUREN.
MAY 11, 1840.
To the Senate of the United States:
In part compliance with the resolution of the Senate of the 29th of December last, I herewith submit a report76 from the Secretary of the Treasury, with the documents therein referred to.
M. VAN BUREN.
WASHINGTON, May 12, 1840.
To the Senate of the United States:
I communicate to the Senate a copy of a letter77 from the secretary of the Territory of Florida, with documents accompanying it, received at the Department of State since my message of the 2d instant and containing additional information on the subject of the resolution of the Senate of the 30th of December last.
M. VAN BUREN.
WASHINGTON, May 16, 1840.
To the House of Representatives of the United States:
I transmit the report of the Secretary of War furnishing a statement of the amounts paid to persons concerned in negotiating Indian treaties since 1829, etc., which completes the information called for by the resolution of the House of Representatives dated the 28th January, 1839, upon that subject and the disbursing officers in the War Department.
M. VAN BUREN.
WASHINGTON, May 18, 1840.
To the Senate of the United States:
I communicate to the Senate a copy of a letter77 from the governor of Florida to the Secretary of State, containing, with the documents accompanying it, further information on the subject of the resolution of the Senate of the 30th of December last.
M. VAN BUREN.
WASHINGTON, May 21, 1840.
To the Senate and House of Representatives of the United States:
I communicate to Congress sundry papers, from which it will be perceived that the Imaum of Muscat has transmitted to this country and, through the agency of the commander of one of his vessels, offered for my acceptance a present, consisting of horses, pearls, and other articles of value. The answer of the Secretary of State to a letter from the agents of the vessel communicating the offer of the present, and my own letter to the Imaum in reply to one which he addressed to me, were intended to make known in the proper quarter the reasons which had precluded my acceptance of the proffered gift. Inasmuch, however, as the commander of the vessel, with the view, as he alleges, of carrying out the wishes of his Sovereign, now offers the presents to the Government of the United States, I deem it my duty to lay the proposition before Congress for such disposition as they may think fit to make of it; and I take the opportunity to suggest for their consideration the adoption of legislative provisions pointing out the course which they may deem proper for the Executive to pursue in any future instances where offers of presents by foreign states, either to the Government, its legislative or executive branches, or its agents abroad, may be made under circumstances precluding a refusal without the risk of giving offense.
The correspondence between the Department of State and our consul at Tangier will acquaint Congress with such an instance, in which every proper exertion on the part of the consul to refrain from taking charge of an intended present proved unavailing. The animals constituting it may consequently, under the instructions from the Secretary of State, be expected soon to arrive in the United States, when the authority of Congress as to the disposition to be made of them will be necessary.
M. VAN BUREN.
WASHINGTON, May 23, 1840.
To the Senate of the United States:
I transmit a communication from the Secretary of War, together with the papers therein referred to, relative to the proceedings instituted under a resolution of Congress to try the title to the Pea Patch Island, in the Delaware River, and recommend that Congress pass a special act giving to the circuit court of the district of Maryland jurisdiction to try the cause.
M. VAN BUREN.
JUNE 4, 1840.
To the House of Representatives:
I herewith submit a report from the Secretary of the Treasury, showing the progress made in complying with the requirements of a resolution passed February 6, 1839, concerning mineral lands of the United States.
The documents he communicates contain much important information on the subject of those lands, and a plan for the sale of them is in a course of preparation and will be presented as soon as completed.
M. VAN BUREN.
WASHINGTON, June 5, 1840.
To the Senate of the United States:
In compliance with the resolution of the Senate dated the 30th December, 1839, I transmit herewith the report78 of the Secretary of War, furnishing so much of the information called for by said resolution as relates to the Executive Department under his charge.
M. VAN BUREN.
WASHINGTON, June 5, 1840.
To the Senate of the United States:
In compliance with the resolution of the Senate of the 30th December, 1839, I communicate the report79 of the Secretary of War, containing the information called for by that resolution as far as it relates to the Department under his charge.
M. VAN BUREN.
WASHINGTON, June 6, 1840.
To the House of Representatives:
I herewith submit a report from the Secretary of the Treasury, in relation to certain lands falling within the Chickasaw cession which have been sold at Chocchuma and Columbus, in Mississippi, and invite the attention of Congress to the subject of further legislation in relation to them.
M. VAN BUREN.
WASHINGTON, June 13, 1840.
To the House of Representatives:
I communicate to the House of Representatives a report80 from the Secretary of State, with documents, containing the information requested by their resolution of the 26th of May last.
M. VAN BUREN.
WASHINGTON, June 19, 1840.
The SPEAKER OF THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES.
SIR: I transmit a communication from the Secretary of the Navy, suggesting that an appropriation of $50,000 be made by Congress to meet claims of navy pensioners, payable on the 1st of July next, reimbursable by a transfer of stocks belonging to the fund at their nominal value to the amount so appropriated, and respectfully recommend the measure to the consideration and action of Congress.
M. VAN BUREN.
WASHINGTON, June 22, 1840.
To the Senate of the United States:
I lay before you, for your consideration, a treaty of commerce and navigation between the United States of America and His Majesty the King of Hanover, signed by their ministers on the 20th day of May last.
M. VAN BUREN.
WASHINGTON, June 27, 1840.
To the Senate:
The importance of the subject to the tranquillity of our country makes it proper that I should communicate to the Senate, in addition to the information heretofore transmitted in reply to their resolution of the 17th of January last, the copy of a letter just received from Mr. Fox, announcing the determination of the British Government to consent to the principles of our last proposition for the settlement of the question of the northeastern boundary, with a copy of the answer made to it by the Secretary of State. I can not doubt that, with the sincere disposition which actuates both Governments to prevent any other than an amicable termination of the controversy, it will be found practicable so to arrange the details of a conventional agreement on the principles alluded to as to effect that object.
The British commissioners, in their report communicated by Mr. Fox, express an opinion that the true line of the treaty of 1783 is materially different from that so long contended for by Great Britain. The report is altogether ex parte in its character, and has not yet, as far as we are informed, been adopted by the British Government. It has, however, assumed a form sufficiently authentic and important to justify the belief that it is to be used hereafter by the British Government in the discussion of the question of boundary; and as it differs essentially from the line claimed by the United States, an immediate preparatory exploration and survey on our part, by commissioners appointed for that purpose, of the portions of the territory therein more particularly brought into view would, in my opinion, be proper. If Congress concur with me in this view of the subject, a provision by them to enable the Executive to carry it into effect will be necessary.
M. VAN BUREN.
Mr. Fox to Mr. Forsyth.
WASHINGTON, June 22, 1840.
Hon. JOHN FORSYTH, etc.:
The undersigned, Her Britannic Majesty's envoy extraordinary and minister plenipotentiary, has the honor to transmit to the Secretary of State of the United States, by order of his Government, the accompanying printed copies of a report and map which have been presented to Her Majesty's Government by Colonel Mudge and Mr. Featherstonhaugh, the commissioners employed during the last season to survey the disputed territory.
The undersigned is instructed to say that it will of course have become the duty of Her Majesty's Government to lay the said report and map before Parliament; but Her Majesty's Government have been desirous, as a mark of courtesy and consideration toward the Government of the United States, that documents bearing upon a question of so much interest and importance to the two countries should in the first instance be communicated to the President. The documents had been officially placed in the hands of Her Majesty's Government only a few days previously to the date of the instruction addressed to the undersigned.
Her Majesty's Government feel an unabated desire to bring the long-pending questions connected with the boundary between the United States and the British possessions in North America to a final and satisfactory settlement, being well aware that questions of this nature, as long as they remain open between two countries, must be the source of frequent irritation on both sides and are liable at any moment to lead to events that may endanger the existence of friendly relations.
It is obvious that the questions at issue between Great Britain and the United States must be beset with various and really existing difficulties, or else those questions would not have remained open ever since the year 1783, notwithstanding the frequent and earnest endeavors made by each Government to bring them to an adjustment; but Her Majesty's Government do not relinquish the hope that the sincere desire which is felt by both parties to arrive at an amicable settlement will at length be attended with success.
The best clew to guide the two Governments in their future proceedings may perhaps be obtained by an examination of the causes of past failure; and the most prominent amongst these causes has certainly been a want of correct information as to the topographical features and physical character of the district in dispute.
This want of adequate information may be traced as one of the difficulties which embarrassed the Netherlands Government in its endeavors to decide the points submitted to its arbitration in 1830. The same has been felt by the Government in England; it has been felt and admitted by the Government of the United States, and even by the local government of the contiguous State of Maine.
The British Government and the Government of the United States agreed, therefore, two years ago that a survey of the disputed territory by a joint commission would be the measure best calculated to elucidate and solve the questions at issue. The President proposed such a commission and Her Majesty's Government consented to it, and it was believed by Her Majesty's Government that the general principles upon which the commission was to be guided in its local operations had been settled by mutual agreement, arrived at by means of a correspondence which took place between the two Governments in 1837 and 1838. Her Majesty's Government accordingly transmitted in April of last year, for the consideration of the President, the draft of a convention to regulate the proceedings of the proposed commission. The preamble of that draft recited textually the agreement that had been come to by means of notes which had been exchanged between the two Governments, and the articles of the draft were framed, as Her Majesty's Government considered, in strict conformity with that agreement.
But the Government of the United States did not think proper to assent to the convention so proposed.
The United States Government did not, indeed, allege that the proposed convention was at variance with the result of the previous correspondence between the two Governments, but it thought that the convention would establish a commission of "mere exploration and survey," and the President was of opinion that the step next to be taken by the two Governments should be to contract stipulations bearing upon the face of them the promise of a final settlement under some form or other and within a reasonable time.