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MAINE.

the award of the King of the Netherlands respecting the disputed boundary be tween Maine and the British Provinces, ought not to be acquiesced in. The General Government, however, concluded to abide by the decision, to carry that award into effect. They so expressed themselves to Mr Preble, the Agent at Washington, for Maine, who was also the Plenipotentiary sent to the Hague; and Mr Preble communicated that to the Governor of Maine, together with some offer of compensation for the acquiescence of the State in the cession of the territory in dispute.

The following proceedings then took place in the Legislature.

SECRET SESSION.

House of Representatives - Feb. 24. A confidential message received from the Governor was read as follows. To the Senate and House of Representatives

I here with communicate, confidentially, for the consideration of the Legislature, copies of two letters from Mr Preble, the agent of this State at Washington, in relation to the question respecting our north-eastern boundary, now pending before the government of the United States. By these letters I am informed that it is expected the award and recommendation of the arbiter will eventually be adopted by the general government, and that it has been proposed that Maine should cede to the United States her claim to the territory which lies northward and eastward of the line recommended by the arbiter, for an ample indemnity, in order that the general government may be enabled to make such arrangement with Great Britain as shall comport with the interest and honor of the United States.

The expediency of authorizing the agent of this State at Washington, to make an arrangement with the general government, for the purposes contemplated, is now respectfully submitted to your consideration.

The decided and unanimous opinion of our agent, and the delegation of this State in Congress, cannot fail to be received with great deference; and under existing circumstances, it is believed that an arrangement of the kind proposed will not, in any respect, compromit the honor of the State, or operate injuriously to her interest. In a pecuniary point of view, she will be amply remunerated for the loss sustained; and the principle for which she has uniformly contended, that the United States have not the constitu

231

tional power to alienate any portion of
the territory of the State, without the
consent of such State, will not be aban-
doned. The adjustment of the contro-
versy, will also relieve the United States
from much embarrassment in their rela-
tions with Great Britain, and terminate
those collisions with the British authori-
ties, which, if continued, would inevita-
bly prevent the settlement of the territo-
ry, and endanger the peace of the nation.

I would further suggest the necessity of acting with promptness upon this subject, after it shall have received that attentive consideration to which, by its the State, and the welfare of the United importance to the honor and interests of States, it is eminently entitled.

As the Governor of Massachusetts has been invited to co-operate in the measures heretofore taken by this Legislature, it may be proper that she should be requested to unite with us in the proposed arrangement, if upon consideration its adoption should be deemed expedient.

SAMUEL E. SMITH.
Council Chamber, Augusta,
Feb. 22, 1832.

An order came from the Senate for concurrence, directing that the confidential communication from the Governor, together with two letters from Wm. P. Preble, our agent at Washington, be committed to Messrs Boutelle, Megquier, Emerson, Thayer, and Sweat, with such as the House may join; and the House concurred, and Messrs Clifford, Gerrish, McCrate, Williams, Steele, Bronson, Knowlton, and Miller, being one from each county, were joined on the part of the House.

Tuesday, Feb. 28. The Joint Select Committee, to whom was referred the confidential communication of the Governor, of February 22, made a report, and resolutions, which were read once, accompanied by the following preamble and to-morrow, at 9 o'clock, assigned for a second reading.

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for an ample indemnity, in order that the United States may be enabled to make such an arrangement with Great Britain as may best comport with the interest and honor of the United States.

And whereas, the government of Maine has repeatedly declared, and now declares, that the right of soil and jurisdiction in said territory, according to the provisions of the treaty of 1783, is in the State of Maine, as a sovereign and independent State, and has denied and continues to deny the right of the general government to cede the same to any foreign power without the consent of Maine, and has communicated resolutions to that effect to the general government, and has claimed of that government the protection guarantied to every State by the Constitution of the United States.

And whereas, the Legislature of Maine is disposed to regard the proposition aforesaid as emanating from a disposition on the part of the general government, to promote the interests and preserve the peace of the nation, without violating the rights of Maine, or disregarding the obligations resting upon the whole union, to protect each State in the full enjoyment of all its territory and right of jurisdiction, and willing to meet the proposition in a like spirit, in which it is believed to have been made:

Therefore, Resolved, That upon the appointment by the president of the United States, of a person or persons to enter into a negotiation with this State, for the relinquishment by this State to the United States of her claim to said terri tory, and for the cession of the jurisdiction thereof, on the one part; and for an ample indemnity there for, on the other part; and notice thereof being communicated to the Governor, the Governor, with the advice of council, be, and he is hereby authorized and requested to appoint three commissioners on the part and behalf of this State, to treat with such person or persons so appointed by the president, on the subjects aforesaid; and any agreement or treaty to be made in pursuance of this resolve is to be submitted to the legislature of Maine, for approval or rejection; and until such agreement or treaty be so submitted to, and approved by the Legislature of Maine, nothing herein contained shall be construed, in any way, as implying the assent of this State to the line of boundary recommended by the arbiter, or to the right of the general government to adopt or sanction that line instead of the line described in the treaty of 1783.

Resolved, That the Governor be requested forthwith to communicate the foregoing preamble and resolutions confidentially to the agent of this State at Washington, and also to the Executive of the commonwealth of Massachusetts, to afford to that commonwealth the opportunity of adopting such measures as she may consider expedient in relation to her interests in said territory.

[The parts in italics were added as amendments, and thus amended, the resolutions were adopted and approved by the Governor.]

On motion of Mr Dummer,

Ordered, That the Governor be requested to communicate (confidentially to this house), all correspondence between the Executive and Wm. P. Preble Esq, our agent at Washington, on the subject of our north-eastern boundary, and the accompanying papers.

The chairman of the joint select committee, on the part of the House, was directed to communicate the foregoing order to the Governor.

Wednesday, Feb 29. The preamble and resolutions respecting the north-eastern boundary were read a second time.

The following Message was received from the Governor, and read, together with the accompanying papers.

To the Speaker of the House of Repre

sentatives:

Agreeably to the request of the House of Representatives, I herewith communicate confidentially, for their consideration, copies of all the official letters of Wm. P. Preble, the agent of this State, at Washington, in relation to the subject of the north-eastern boundary, together with the documents accompanying the same, which were received before my last confidential communication, as well as those received since, with the exception of those before communicated, and a letter dated Feb. 20, No. 2, and marked private and confidential,' communicating certain documents now before the general government, which cannot consistently with my public duty, and without a violation of confidence, be formally laid before the Legislature. But I have placed these papers in the hands of the chairman of the committee on this subject on the part of the House of Representatives, to be used as in his discretion shall appear proper and consistent with the public interest and the honor of the government.

I also communicate a copy of a letter directed to Mr Preble, from John Anderson, Rufus McIntire, Leonard Jarvis,

Cornelius Holland, James Bates, and Edward Kavanagh, and a copy of a letter from Geo. Evans, Representative in Congress from this State, in relation to this subject.

SAMUEL E. SMITH.
Council Chamber, Feb. 1832.

Mr Fessenden moved to amend, by adding the following provision to the first resolve, viz.

Provided, That an appointment of said commissioners shall not be made, until the same shall have been assented to by the legislature and executive authorities of the commonwealth of Massachusetts.

On motion of Mr Kent, the secret session was closed before the question was taken on the proposed amendment.

Thursday, March 1. The House resumed the consideration of the amendment proposed by Mr Fessenden, and the question upon adopting the same was taken by yeas and nays, and decided in the negative. Yeas 33, nays 128.

Mr Dummer moved to amend the resolves, by adding thereto, the following preamble and resolve.

Whereas, this State has recently invited the co-operation of Massachusetts in sustaining the rights of Maine to her territorial po-sessions, and whereas, Massachusetts has promptly come forward an instructed her Senators, and requested her Representatives in Congress to maintain the great principles which are involved in the support of the integrity of this State; and whereas propositions

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Afternoon. Mr Fessenden moved to amend the first resolve by adding af

ter the words 'indemnity therefor,' the words both to this State and to the Commonwealth of Massachusetts.'

Decided in the negative, 51 for it, 109 against it.

Mr Dummer moved to amend the first resolve by striking out the words 'legislature of Maine,' and insert in lieu thereof, the words 'people of Maine,' so that it shall be submitted to the PEOPLE of Maine for approval or rejection. And the question for so amending was taken by yeas and nays, and decided in the negative — for it 61, against it 85.

The House voted to dispense with the passing the resolves to be engrossed, and the question upon finally passing the same, was taken by yeas and nays, and decided in the affirmative - 80 to 69.

The final vote was on motion of Mr Kent

Ordered, That the Governor, with advice of Council, be authorized by proclamation, to remove the injunction of secrecy when in their opinion it may be done with safety to the interests of the State.

Read and passed, and the secret session closed.

In the Senate there was a steady vote of 20 against 4, in favor of the proceedings as given in the House of Representatives.

The Resolutions passed in Maine being forwarded to Massachusetts, Gov. Lincoln transmitted them confidentially to the Legislature, and by their direction addressed a letter to Gov. Smith, which, with the answer, is here inserted. Executive department of Massachusetts. Boston, March 13th, 1832.

SIR In compliance with a request of the Legislature of this commonwealth, expressed in a concurrent order of the two branches, a copy of which I have the honor herewith to transmit, it is made my duty to ask of your excellency to furnish, for the information of this government, copies of all the correspondence between the governments of the United States and the State of Maine, and copies of any communication from the agent of the State of Maine at Washington, in relation to the territory north and east of the St Johns and St Francis rivers, which were the occasion of the recent proceedings of the Legislature of Maine, confidentially communicated in their resolutions, which accompanied your letter of the 5th inst. The equal right of property which this commonwealth has in common with Maine, and

the earnest, and I may be permitted to add, generous manifestation of sympathy and interest by this government in the assertion and vindication of the jurisdictional sovereignty of the sister State to the territory in dispute, warrant a confiding expectation, that the desired communication will frankly and cheerfully be made.

I pray you also to be assured, that in view to the immediate adjournment of the legislature, after an unusually protracted session, a compliance by the return of the special messenger, who is charged with the delivery of the despatch, and to wait your excellency's reply, will be very gratefully appreciated.

I bave the honor to be, with sentiments of the highest respect, your obedient servant,

LEVI LINCOLN.

His Excellency Gov. Smith, of Maine.

Executive department of Maine. Augusta, March 15th, 1832. SIR: I have the honor to acknowledge the receipt of your excellency's letter of the 13th of this month, requesting to be furnished with copies of all the correspondence between the government of the United States and this State, and copies of any communications from the agent of this State at Washington, in relation to the territory north and east of the rivers St Johns and St Francis, which were the occasion of the recent proceedings of the Legislature of this State, confidentially communicated to your excellency.

The only correspondence which has been had with this department, in relation to these proceedings, is contained in letters from Mr Preble, the agent of this State at Washington, expressing his opinion in regard to the expediency of the proposed arrangement, and that of the Representatives of this State in Congress, accompanied also with letters from them directed to himself. In these letters they also state the grounds of their opinion, which they have formed from circumstances unofficially within their knowledge. These communications are considered as private and confidential, rather than as official documents; and I do not consider myself at present authorized to make them public without the permission of the persons from whom they were received.

I make these suggestions from an anxious desire to comply with the request communicated to me by your excellency, so far as can be done consistently

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Resolved, That the reduction of the duties on imports, especially on those articles which are consumed by the laboring class of the community, would relieve the people of the United States from the burdens imposed upon them by the present unequal, unjust, and oppressive tariff system, and would tend to restore harmony to the Union.

Resolved, That a copy of these resolutions be transmitted to each member of the delegation of this State in Congress, and that the senators from this State be instructed and the Representatives be requested to procure a modification of the existing tariff, so as to conform to the views expressed in the foregoing resolutions.

ELECTION for Governor in 1831.
Smith, (administration)
Goodenow, (opposition)

Smith, Goodenow,

1832.

28,438

22,005

31,148

27,356

LEGISLATION. - Forty seven public Acts were passed by the Legislature at its session held in January 1832, among which, are the following:

An Act for the encouragement of agriculture and manufactures, by which, provision is made for the payment of $300 annually from the treasury to each agricultural or horticultural society in the State, provided an equal sum be rais

ed by the society, and that no more than $300 be given to each county. The money is to be offered as premiums to those improving the breed of cattle or introducing new plants, trees, or agricultural implements, &c. The persons receiving premiums are to furnish the society with an account of the mode pursued in cultivating their land, and of the improvement, &e, which is to be transmitted to the legislature for publication.

An act to encourage the destruction of bears, wolves, wild cats, and loupcerviers. Five acts for the preservation of certain bridges, by inflicting a fine of $3 for passing them faster than upon a walk.

Two laws for the inspection of beef, pork, and pickled and smoked fish.

An act authorizing the transfer of any ministerial fund, existing before the organization of the State, from the trustees to the municipal officers of the town, who are constituted trustees and are authorized to apply the same to the support of common schools. This however is not to exempt the town from raising the ordinary annual sum for the support of common schools.

An act concerning the militia, requiring the town clerks to supply them with powder at the expense of the State; prescribing the mode in which the clerks shall prosecute for fines, regulating courts martial, and exempting all persons above 35 from duty.

An act authorizing Sheriffs, &c, who may have arrested a prisoner, to convey him to prison by the most convenient route, even if it pass through another county.

An act prescribing a mode to appoint guardians of the estates of spendthrifts.

An act for the government of the State's prison, and providing for a Sunday School within its limits.

An act providing for the vaccination of the inhabitants of the State. A constant supply of virus is to be kept at Portland, and to be distributed gratuitously throughout the State.

The municipal officers of each town, and the assessors of plantations, are required to cause some proper person within eight months after the passage of the act, to visit every family in their respective towns or plantations, and to vacci

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