Part 82

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 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.